296.23—Discretion within priority.
The Secretary—
(a)
Subject to paragraph (b) of this section, may award MSP Operating Agreements within each priority as the Secretary considers appropriate; and
(2)
In the cases of the Priorities III and IV, according to the applicants' records of owning and operating vessels; and
(c)
The Secretary does not have discretion to override the priority requirements with respect to the initial award of MSP Operating Agreements.