§ 53403 — Award Of Operating Agreements

(a) The Secretary of Transportation shall require, as a condition of including any vessel in the Fleet, that the program participant of the vessel enter into an operating agreement with the Secretary under this section. (1) The Secretary of Transportation shall accept an application for an operating agreement for an eligible product tank vessel under the priority under paragraph (2) only from a person that has authority to enter into an operating agreement under this chapter. (2) The Secretary of Transportation may enter into a new operating agreement with an applicant that meets the requirements of section 53402(c) for a vessel that meets the qualifications of section 53402(b), and shall give priority to applications based on— (A) vessel capabilities, as established by the Secretary of Defense; then (B) after consideration of vessel type, according to an applicant’s record of owning and operating vessels; then (C) after consideration of ownership and operation, according to such additional priorities as the Secretary of Transportation may consider appropriate. (3) The Secretary of Transportation may not approve an application for an operating agreement without the concurrence of the Secretary of Defense. (c) (1) for each of fiscal years 2022 and 2023, 10 vessels; and (2) for any subsequent fiscal year, 20 vessels. (d) No court shall have jurisdiction to review the Secretary’s decision with respect to the award or non-award of an operating agreement issued under this chapter.