 
  
      
       
               	 
               	 
               	                	 
        					
  	
	
  	
  					
        		
        		
               	 
               	               		296.22—Other vessels.
               		
               	 	
               	 	
               	 	               	 	               	 	               	 	               	 	
               	 	
    
        
        (a) Third Priority.
         To the extent that appropriated funds are available after applying the first priority, tank vessels, in  § 296.20, and the second priority, Participating Fleet Vessels, in  § 296.21, the third priority is for any other vessel that is eligible to be included in an MSP Operating Agreement under  § 296.11(a), and that, during the period of that MSP Operating Agreement, will be:
     
    
        
        (1) 
         Owned and operated by one or more persons that are  Section 2 Citizens; or
     
    
        
        (2) 
         Owned by a person that is eligible to document the vessel under 46 U.S.C. chapter 121 and operated by a person that is a  Section 2 Citizen.
     
    
        
        (b) Fourth Priority.
         To the extent that appropriations are available after applying the first priority in  § 296.20, the second priority in  § 296.21, and the third priority in paragraph (a) of this section, the fourth priority is for any other vessel that is eligible to be included in an MSP Operating Agreement under  § 296.11(a).