§ 202.11 Ex parte communications.

communications

Oral or written with the Department concerning a matter subject to Secretarial review under section 6.01 of Department Order 117-A, unless otherwise provided by law or by order, rule, or regulation of the Department, shall be deemed ex parte communications and shall not be part of the record and shall not be considered in making any recommendation, decision or action; Provided, however, That this rule shall not apply to customary informal communications with Department counsel, including discussions directed toward the development of a stipulation or settlement between parties; communications of a nature deemed proper in proceedings in U.S. Federal courts; and communications with Department counsel which merely inquire as to procedures or the status of a proceeding without discussing issues or expressing points of view. Any written communication subject to the above stated rule received by the Department shall be placed in the correspondence file of the case, which is available for public inspection. If an oral communication subject to the above stated rule is received, a memorandum setting for the the substance of the conversation shall be made and placed in the correspondence file.

§ 204.1 Scope and procedure for filing claims.

This part prescribes the requirements and procedure for administrative settlement of claims against the United States, involving the Maritime Administration, under the Federal Tort Claims Act, based on death, personal injury, or damage to or loss of property. The controlling regulations are promulgated by the Department of Justice at 28 CFR Part 14-Administrative Claims Under Federal Tort Claims Act. These regulations supplement those of the Department of Justice and provide specific guidance regarding claims processing in the Maritime Administration.

§ 204.2 Claims payable.

Claims for death, personal injury, or damage to or loss of real or personal property are payable when the death, injury or damage is caused by a negligent or wrongful act or omission of an employee of the Maritime Administration, while acting within the scope of employment and under circumstances in which the United States, if a private person, would be liable to the claimant under the law of the place where the act or omission occurred.

§ 204.3 Claims not payable.

A claim is not payable under the regulations in this Part 204, if such tort claim is excluded from the scope of the Federal Tort Claims Act, as amended, pursuant to 28 U.S.C. 2680.

§ 204.4 Time limitations on claims.

(a) A claim can be settled only if presented in writing within two years after it accrues.

(b) The two year statute of limitations is not tolled until the Maritime Administration receives from a claimant, or the claimant's duly authorized agent or legal representative, an executed Standard Form 95, "Claims for Damage, Injury, or Death," or written notification of an incident, together with a claim for money damages in a sum certain, for death, personal injury, or damage to or loss of real or personal property. When a claim is received in any office, mail unit, or other Maritime Administration activity

which does not have settlement authority over the claim, such office, unit or activity shall transmit it to the official vested with such authority without delay (see § 204.13, this part).

§ 204.5 Notification to claimant of action on claim.

(a) If a claim is approved (either for the amount claimed or less than such full amount), the claimant, prior to the disbursement of an award, shall sign a document releasing the United States, its agents and employees from all further claims relating to the incident giving rise to the approved claim.

(b) If the claim is finally denied, the official vested with such authority shall inform the claimant by certified or registered mail of the final denial of the claim. Notification of final denial shall include a statement that a claimant who does not accept or is dissatisfied with the action may institute suit against the United States not later than six months after the date of mailing of the notice of final denial.

(c) A claimant may regard the failure of the Maritime Administration to make a final disposition of a claim within six months after the date of receipt of the claim by the Maritime Administration as a final denial for the purpose of filing suit.

§ 204.6 Payment of claims.

(a) Once the amount to be paid has been agreed upon, the agency shall attempt to forward a check for such amount to the claimant within thirty days.

(b) If a claimant is represented by an attorney, both the claimant and the claimant's attorney shall be designated as payees on any check delivered to the claimant's attorney.

§ 204.7 Delegation of authority.

(a) Subject to written approval of the Attorney General of the United States of any payment in excess of $25,000, the Chief Counsel of the Maritime Administration is authorized to deny or settle and authorize payment of tort claims in any amount.

(b) The Associate Administrator for Policy and Administration is authorized to deny or settle and authorize payment of all tort claims in an

amount not exceeding $10,000, except that the Superintendent, United States Merchant Marine Academy, may deny or settle and authorize payment of tort claims originating from occurrences at the Academy in amounts not exceeding $5,000.

§ 204.8 Where to file claims.

Claims shall be filed with the appropriate official as follows:

(a) Chief Counsel (MAR-220), Maritime Administration, Department of Transportation, Room 7232, Nassif Building, 7th and D Streets SW., Washington, DC 20590 (All claims over $10,000)

(b) Associate Administrator for Policy and Administration (MAR-300), Maritime Administration, Department of Transportation, Room 7217, Nassif Building, 7th and D Streets SW., Washington, DC 20590 (All claims over $5,000 but not over $10,000 originating at Academy; and all other claims not over $10,000)

§ 204.9 Indemnity or contribution.

(a) Sought by the United States. If a claim arises under circumstances in which the United States is entitled to indemnity or contribution under a contract or the applicable law governing joint tort-feasors, the Chief Counsel of the Maritime Administration shall notify the third party of the claim and request the third party to honor its obligation to the United States or to accept its share of joint liability. If the issue of third party indemnity or contribution is not satisfactorily adjusted, the underlying claim shall be settled only after consultation with the Department of Justice as provided in 28 CFR 14.7

(b) Sought from the United States. Claims for indemnity or contribution from the United States shall be settled under this part only if the incident giving rise to liability and the claim is otherwise cognizable under this part.

Subpart A-Charges for Special Statistical Data

AUTHORITY: Sec. 204(b), Merchant Marine Act, 1936, as amended (46 U.S.C. 1114), Reorganization Plans No. 21 of 1950 (64 Stat. 1273) and No. 7 of 1961 (75 Stat. 840) as amended by Pub. L. 91-469 (84 Stat. 1036), Department of Commerce Organization Order 10-8 (38 FR 19707, July 23, 1973).

SOURCE: 41 FR 50259, Nov. 15, 1976, unless otherwise noted.

§ 206.1 Purpose.

The purpose of this subpart is to establish the policy and procedures applicable to requests for statistical data and reports, other than those provided pursuant to Part 207 of this subchapter.

§ 206.2 Requests for data.

(a) Requests. Any request for statistical data or reports maintained by the Maritime Administration, other than those provided pursuant to Part 207 of this subchapter, shall be submitted in writing to the Maritime Administrator, Department of Transportation, Maritime Administration, U.S. Department of Transportation, Room 3898B, 14th and E Streets, NW., Washington, DC 20590. The request must contain a detailed narrative explanation of the information requested and of the output report format desired which indicate: whether the data are to be coded, decoded, or both; the order in which the data are to be presented; the totals and subtotals required for each category, as appropriate; and the number of reports required. The request must also clearly indicate that it is submitted pursuant to this subpart.

(b) Approval of request. Approval, in whole or in part, of any request submitted pursuant to paragraph (a) of this section will be made at the discretion of the Maritime Administrator, Department of Transportation on the basis of the nature and scope of the work, the availability of personnel and administrative services, and other considerations pertaining to the feasibility of producing the requested information.

(c) Notification of approval or disapproval. Upon approval, in whole or in part, or disapproval in whole, of any

request submitted pursuant to paragraph (a) of this section, the requesting party will be notified of the following: The statistical data and reports which can be produced; the statistical data and reports which cannot be produced, if any, and the reasons therefor; the estimated time to effect production, based on the charges set forth in § 206.4, which amount must be received before work begins.

(d) Cost adjustment. If the amount of the advanced payment required by paragraph (c) of this section is insufficient to cover the actual cost of production, the requesting party will be required to make payment of the additional amount necessary before work will be continued. In the event that the amount of the advance payment exceeds the actual cost of production the amount of the excess payment will be refunded.

Subpart B-Charges for Copies of Regulations

AUTHORITY: Sec. 1, 49 Stat. 292, sec. 1, 49 Stat. 1335, sec. 204, 49 Stat. 1987, sec. 501, 65 Stat. 290, 56 Stat. 1067; 15 U.S.C. 189a, 189, 46 U.S.C. 1114, 31 U.S.C. 483a, 15 U.S.C. 1520.

SOURCE: General Order 91, 27 FR 1169, Feb. 8, 1962. Redesignated at 29 FR 1471, Jan. 29, 1964.

§ 206.10 Mailing list.

Persons may be placed on the mailing list to receive copies of the General Orders issued by the Maritime Administration and/or the Maritime Subsidy Board, and National Shipping Authority orders (32A CFR Ch. XVIII), upon request, written or oral, to the Secretary, Maritime Administration, Washington, DC, 20590. The charge for this service is $10 per calendar year.

§ 206.11 Individual copies of orders.

Single copies of the orders referred to in § 206.310 may be obtained, upon request, written or oral, to the Secretary, Maritime Administration, Washington, DC, 20590, at a cost of 25 cents each.

Subpart C-Applications for Sale of Subsidized Vessel

§ 206.20 Charges for processing applications.

(a) Applications by owners for the sale of subsidized vessels to a private party where appraisal is made for the Maritime Administration by an independent vessel appraiser shall be filed with the Secretary, Maritime Subsidy Board, Washington, DC, 20590.

(b) Fee. Each such application shall be accompanied by the sum of $400, which sum will be retained to recover the cost of processing the application.

The purpose of this part is to identify the basic statistical data and reports required by the Maritime Subsidy Board (Board) in hearings held under section 605(c), Merchant Marine Act, 1936, as amended (Act), in regard to applications for operating-differential subsidy (ODS) under Title VI of the Act and to provide procedures for the production of these data and reports. Statistical data not expressly covered by this part are subject to Subpart A of Part 206 of this subchapter. There shall be no charge for the production of the basic statistical data and reports identified in this part.

§ 207.2 Basic statistical data.

(a) Data and reports available. The basic statistical data and reports that will be provided pursuant to § 207.3 of this part in regard to any hearing held by the Board under section 605(c) of the Act in connection with an application for ODS are as follows, with the accompanying "Notes" forming an integral part of each report: