attached submitted by said Operator concurrently herewith for a payment on account in the sum of under said Agreement, I further depose and say that, to the best of my knowledge and belief, the Operator has fully complied with the terms and conditions of said Agreement and regulations, applicable orders, rulings and provisions of the Merchant Marine Act, 1936, as amended, and is entitled, under the provisions of said Agreement and regulations, orders and rulings applicable thereto, to the amount of the payment on account requested; and further depose and say that the vessels named in the attached schedules were in authorized service for the voyages on which the payment on account is requested and has not included in the calculation of the amount of subsidy claimed in the attached voucher any costs of a character that the Maritime Administration, or Secretary of Transportation, acting by and through the Maritime Subsidy Board, or any predecessor or successor, had advised the Operator to be ineligible to be so included, or any costs collectible from insurance, or from any other source.

Payment by the Maritime Administration of all or part of the amount claimed herein shall not be construed as approval of the correctness of the amount stated to have been due, nor a waiver of any right of remedy the Maritime Administration, or Secretary of Transportation, acting by and through the Maritime Subsidy Board, or any predecessor or successor, may have under the terms of said Agreement, or otherwise.

I further depose and say that this affidavit is made for and on behalf and at the direction of the Operator for the purpose of

inducing the Maritime Administration to make a payment on account pursuant to the provisions of the aforesaid Operating-Differential Subsidy Agreement, as amended.

Subscribed and sworn to before me, a Notary Public, in and for the aforesaid County and State, this day of

19

My commission expires

Notary Public

(Approved by the Office of Management and Budget under control number 21330024)

[40 FR 43490 Sept. 22, 1975, as amended at 45 FR 30443, May 8, 1980; 47 FR 25530, June 14, 1982]

§ 252.42 Appeal procedures.

(a) Appeals of annual or special audits. An operator who disagrees with the findings, interpretation or decisions in connection with audit reports of the Maritime Administration and who cannot settle said differences by negotiation with the appropriate Region Director's office may submit an appeal from such findings, interpretations or decisions in accordance with Part 205 of this chapter.

(b) Appeals of administrative determinations—(1) Policy. An operator who disagrees with the findings, interpretations or decisions of the Contracting Officer with respect to the administration of this part may submit an appeal from such findings, interpretations or decisions as follows:

(i) Appeals shall be made in writing to the Secretary, Maritime Subsidy Board, Maritime Administration, within 60 days following the date of the document notifying the operator of the administrative determination of the Contracting Officer. In his appeal to the Secretary the operator shall indicate whether or not he desires a hearing.

(ii) The appellant will be notified in writing if a hearing is to be held and whether he is required to submit additional facts for consideration in connection with the appeal.

(iii) When a decision has been rendered by the Board, the appellant will be notified in writing.

(2) Appeal to the Secretary of Transportation. An operator who disagrees with the findings and determinations of the Board may appeal such findings and determinations by filing with the Secretary of Transportation, a written petition for review of the Board's action. The petition must be filed in accordance with Section 7, Department of Commerce Organization Order 10-8 (38 FR 19707).

(3) Hearings. The Rules of Practice and Procedure, Part 201, Subchapter A, will be followed for all hearings granted under this part.

The purpose of this part is to insure preservation of all basic design characteristics and features approved by the Maritime Subsidy Board and the Navy for ships built with construction-differential subsidy.

§ 253.2 Changes not to be made without Maritime Subsidy Board approval. The owner of a ship built under a construction-differential subsidy agreement shall not, without first receiving written approval by the Maritime Subsidy Board, make or permit to be made, any substantial change in the structure, type or speed of the vessel or a change in any of her riggings, or remove any item of material or equipment from the vessel which would effect a major change in any of the listed vessel features, whether classed as a commercial feature or as a national defense feature.

§ 253.3 Responsibility of operator.

(a) Each operator, in connection

maintaining the originally approved boom lift capacities on all vessels constructed or reconstructed under contracts entered into pursuant to Title V of the Merchant Marine Act, 1936, as amended, on and after October 7, 1955.

(b) A vessel having lift capability with ordinary booms of ten tons or over at several hatches and sixty tons or over at a heavy lift location, all installed as approved by the Maritime Subsidy Board, will be in compliance with this part regardless of whether the rated capacity rigging is actually retained in working position, provided such rigging for at least three sets of ten tons or over booms (six booms) and the heavy lift is properly maintained aboard and can be restored to working position by the ship's crew on short notice.

(c) Any rigging removed from the ship as permitted by paragraph (b) of this section shall be accounted for by the owner to the Administration and shall be properly maintained ashore, so that it can be restored to working position upon request by the Board.