§ 295.12 Priority for awarding agreements. Subject to the availability of appropriations, MARAD shall enter into individual MSP Operating Agreements for Eligible Vessels according to the following priorities: ( a ) *First priority requirements.* First priority shall be accorded to any Eligible Vessel meeting the following requirements: ( 1 ) *U.S. citizen ownership.* Vessels owned and operated by persons who are Citizens of the United States as defined in § 295.2; or
( 2 ) *Other corporations.* Vessels less than 10 years of age and owned and operated by a corporation that is: ( i ) eligible to document a vessel under 46 U.S.C. chapter 121; and
( ii ) affiliated with a corporation operating or managing for the Secretary of Defense other vessels documented under 46 U.S.C. chapter 121, or chartering other vessels to the Secretary of Defense.
( 3 ) *Limitation on number of vessels.* Limitation on the total number of Eligible Vessels awarded under paragraph (a) of this section shall be: ( i ) For any U.S. citizen under paragraph (a)(1), the number of vessels may not exceed the sum of: ( A ) the number of U.S.-flag documented vessels that the Contractor or a related party operated in the foreign commerce of the United States on May 17, 1995, except mixed coastwise and foreign commerce; and
( B ) the number of U.S.-flag documented vessels the person chartered to the Secretary of Defense on that date; and
( ii ) For any corporation under paragraph (a)(2) of this section, not more than five Eligible Vessels.
( 4 ) *Related party.* For the purpose of this section a related party with respect to a person shall be treated as the person.
( b ) *Second priority requirements.* To the extent that appropriated funds are available after applying the first priority in paragraph (a) of this section, the MARAD shall enter into individual MSP Operating Agreements for Eligible Vessels owned and operated by a person who is: ( 1 ) *U.S. citizen.* A Citizen of the United States, as defined in § 295.2(g), that has not been awarded a MSP Operating Agreement under the priority in paragraph (a) of this section, or
( 2 ) *Other.* A person (individual or entity) eligible to document a vessel under 46 U.S.C. chapter 121, and affiliated with a person or corporation operating or managing other U.S.-documented vessels for the Secretary of Defense or chartering other vessels to the Secretary of Defense.
( c ) *Third priority.* To the extent that appropriated funds are available after applying the first and second priority, any other Eligible Vessel.
( d ) *Number of MSP Operating Agreements Awarded.* If appropriated funds are not sufficient to award agreements to all vessels within a priority set forth herein, MARAD shall award to each eligible applicant in that priority a number of Operating Agreements that bears approximately the same ratio to the total number of Operating Agreements requested under that priority, and for which timely applications have been made, as the amount of appropriations available for MSP Operating Agreements for Eligible Vessels in the priority bears to the amount of appropriations necessary for MSP Operating Agreements for all Eligible Vessels in the priority.