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Subpart A-General Information

(Rule 1) $ 201,1 Scope of rules.

The regulations in this part govern practice and procedure before the Mari. time Administration and the Maritime Subsidy Board (as described in Department oi Commerce Order No. 117, Rev.), hereinafter referred to collectively as the "Administration", under the Merchant Marine Act, 1920, as amended, Merchant Act, 1936, as amended, Merchant Ship Sales Act, 1946, Administrative Procedure Act, and related Acts, except as may be provided otherwise by the Administration. They shall be construed to secure the just, speedy, and inexpensive determination of every proceeding with full protection for the rights of all parties therein. & 201.2 Mailing address; hours.

Documents required to be filed in, and correspondence relating to, proceedings governed by the regulations in this part should be addressed to "Secretary, Mari. time Administration, Washington, D.C., 20235". The principal office of the Administration, located at 441 G Street NW., Washington, D.C. 20235, is open from 8:30 a.m. to 5:00 p.m. eastern standard time or eastern daylight saving time, whichever is currently effective in Washington, Monday to Friday, inclusive, unless otherwise provided by Federal statute or executive order. 8 201.3 Authentication of rules, orders,

determinations and decisions of the

Administration. All rules, orders, determinations or decisions issued in any proceeding covered by the regulations in this part shall unless otherwise specifically provided by the Administration, be signed and authenticated by seal by the Secretary of the Administration in the name of the Administration. & 201.4 Inspection of records.

The files and records of the Administration except those held by the Admin istration for good cause to be confidential, shall be open for inspection and copying as follows:

(a) All pleadings, motions, depositions, correspondence, exhibits, transcripts of testimony, exceptions, briefs, and decisions in any formal proceeding before the Administration may be in

spected and copied in the Docket Section of the Office of Hearing Examiners.

(b) Subject to the provisions of law restricting public disclosure of information, all other files and records may be inspected and copied in the discretion of the Administration upon written request to the Secretary describing in detail the documents of which inspection is desired and setting forth the reasons therefor.

(c) Orders, rules, rulings, opinions, determinations, and decisions (initial, recommended, tentative, and final), may be inspected at the Washington Office of the Administration.

(d) Copies of documents which may be inspected subject to the provisions of this section will be prepared and certified by the Secretary under the seal of the Administration if written request is made specifying the exact documents, the number of copies desired, and the date on which the same will be required. Such request shall permit a reasonable time for the preparation of copies. The cost of preparing copies shall be paid by the person making the request. Volumes of Maritime Administration reports may be purchased from the Superintendent of Documents, Government Printing Ofice, Washington, D.C., 20402. Copies of individual decisions may be secured from the Secretary, Maritime Administration upon request, or may be examined in the regional ofices of the Maritime Administration. 8 201.5 Searching, copying, and certifi.

cation of records ; fees therefor. (a) Upon written request directed to and within the discretion of the Administration, there are available, with respect to documents subject to inspection as provided in $ 201.4, services as follows:

(1) Searching files and records;

(2) Copying records and documents; and

(3) Certifying of copies of documents.

(b) Fees for services set forth in paragraph (a) of this section are as follows:

(1) Certification and validation of each document with Maritime Subsidy Board or Maritime Administration seal, $1, without either seal, 25 cents.

(2) Searching files and records, except as provided in subparagraph (5) of this paragraph, $1.50 per half hour or fraction thereof.

(3) Copying records and documents, except as provided in subparagraph (5) of this paragraph.

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(4) General: (i) If copy is to be transmitted to the applicant by registered, air, or special delivery mail, the postal fees will be added to the fees for copying (or the request must include postage stamps or stamped return envelopes).

(ii) The cost of special handling or packaging shall also be included in the total fee charged.

(iii) Minimum charge, 50 cents.

(5) Medical records of merchant seamen, including packaging and postage: Searching-

$5.00 Abstracting----

--- 3.00 Since the changes herein reflect minor adjustments of fee items pursuant to current review, it is deemed impracticable to delay the effective date hereof; therefore, in accordance with the provisions of section 4, Administrative Procedure Act (5 U.S.C. 1003), the foregoing shall be effective as of the date of publication in the FEDERAL REGISTER. [G.O. 41, 3d Rev., Amdt. 2, 31 F.R. 9867, July 21, 1966) $ 201.6 Documents in foreign lan

guages. Every document, exhibit, or other paper written in a language other than English and filed with the Administration or offered in evidence in any proceeding before the Administration under the regulations in this part or in response to any rule or order of the Administration pursuant to the regulations in this part, shall be filed or offered in the language in which it is written and shall be accompanied by an English translation thereof duly subscribed.

8 201.7 Information; special instruc

tions. Information as to procedure under the regulations in this part, and instructions supplementing the regulations in this part in special instances, will be furnished upon application to the Secretary of the Administration. 8 201.8 Use of gender and number.

Words importing the singular number may extend and be applied to several persons or things; words importing the plural number may include the singular; and words importing the masculine gender may be applied to females. 8 201.9 Suspension, amendment, etc., of

rules. The regulations in this part may, from time to time, be suspended, amended, or revoked, in whole or in part. Notice of any such action will be published in the FEDERAL REGISTER. Also, any regulation in this part may be waived by the Administration or the Presiding Officer to prevent undue hardship in any particular case. Subpart B-Appearance and Prac

tice Before the Administration

(Rule 2) § 201.15 Appearance in person or by

representative. A party may appeal in person or by an oficer, partner, or regular employee of the party, or by or with counsel or other duly qualified representative, in any proceeding under the regulations in this part. A party may offer testimony, produce and examine witnesses, and be heard upon brief and at oral argument if oral argument is granted. Any person compelled to appear in a proceeding pursuant to subpoena may be accompanied, represented, and advised by counsel and may purchase a transcript of his testimony. $201.16 Authority for representation.

Any individual acting in a representative capacity in any proceeding before the Administration may be required by the Administration or the Presiding Officer to show his authority to act in such capacity. § 201.17 Written appearance.

Persons who appear at any hearing shall deliver a written notation of appearance to the reporter, stating for whom the appearance is made. The written appearance shall be made a part of the record. $ 201.18 Practice before the Administra

tion defined. Practice before the Administration shall be deemed to comprehend all matters connected with any presentation to the Administration or its staff. 8 201.19 Presiding officers.

Hearings on any matter before the Administration will be held by a duly designated Member or Members thereof, or a Hearing Examiner qualified under section 11 of the Administrative Procedure Act, assigned by the Chief Hearing Examiner, who shall be designated as the Presiding Officers. Where appropriate the Administration may designate other members of the staff to serve as Presiding Oficers in hearings not required by statute, as provided in 8 201.86. & 201.20 Attorneys at law.

Attorneys at law who are admitted to practice before the Federal courts or before the courts of any State or territory of the United States may practice before the Administration. An attorney's own representation that he is such in good standing before any of the courts herein referred to will be suficient proor thereof. 8 201.21 Persons not attorneys at law.

Any person who is not an attorney at law may be admitted to practice before the Administration if he is a citizen of the United States and files proof to the satisfaction of the Administration that he possesses the necessary legal, technical, or other qualifications to enable him to render valuable service before the Administration and is otherwise competent to advise and assist in the presentation of matters before the Administration. Applications by persons not attorneys at law for admission to practice before the Administration shall be made on the forms prescribed therefor, which may be obtained from the Secretary of the Administration, Washington, D.C., 20235. No person who is not an attorney at law and whose application has not been approved shall be permitted to practice before the Administration. However, this provision and the provisions of $3 201.22, 201.23, and

201.24 shall not apply to any person who appears before the Administration on his own behalf or on behalf of any corporation, partnership, or association of which he is a partner, officer, or regular employee. 8 201.22 Firms and corporations.

Except as regards law firms, practice before the Administration by firms or corporations on behalf of others shall not be permitted. & 201.23 Hearings.

The Administration in its discretion may call upon a nonattorney applicant for a full statement of the nature and extent of his qualifications. If the Administration is not satisfied as to the sufficiency of the applicant's qualifications it will so notify him by registered mail, whereupon he may request a hearing for the purpose of showing his qualifications. If he presents to the Administration no request for such hearing within 20 days after receiving the notification above referred to, his application shall be acted upon without further notice. 8 201.24 Suspension or disbarment.

The Administration may, in its discretion, deny admission to, suspend, or disbar any person from practice before the Administration who it finds does not possess the requisite qualifications to represent others or is lacking in character, integrity, or to have engaged in unethical or improper professional conduct. Disrespectful, disorderly, or contumacious language or contemptuous conduct at any hearing before the Administration or a presiding officer shall constitute grounds for immediate exclusion from said hearing by the Presiding Officer. Any person who has been admitted to practice before the Administration may be disbarred from such practice only after he has been afforded an opportunity to be heard. $ 201.25 Statement of interest.

The Administration, in its discretion, may call upon any practitioner for a full statement of the nature and extent of his interest in the subject matter presented by him before the Administration. Attorneys retained on a contingent fee basis shall file with the Administration a copy of the contract of

employment. Practitioners subject to person, corporation, association, firm,
section 807 of the Merchant Marine Act partnership, trustee, receiver, agency,
of 1936, as amended, shall comply fully public or private organization, or gov-
with the requirements of 46 CFR ernmental agency. A party requesting
8 222.1 (22 F.R. 1087).

oficial action subject to these Rules shall
§ 201.26 Former employees.

be designated as "applicant”. A party

whose petition for leave to intervene is
(a) No former officer or employee of granted pursuant to $201.78 shall be
the Administration shall practice, ap designated as “intervenor". Only &
pear, or represent anyone directly or in-

party as designated in this section may
directly, other than the United States be-

introduce evidence or examine witnesses
fore the Administration in any matter at hearings.
within a period of one year subsequent to

$ 201.31 Public counsel.
the termination of his or her employ-
ment with the Administration.

The Assistant General Counsel, Chief,
(b) No person shall practice, appear, Division of Operating Subsidy Contracts,
or represent anyone other than the shall be a party to all proceedings in-
United States before the Administration, volving operating-differential subsidy
directly or indirectly, in any matter in contracts. The Assistant General Coun-
which he participated personally and sel and his representatives shall be des-
substantially as an officer or employee ignated as Public Counsel and shall be
of the Administration or the predecessor served with copies of all papers, plead-
agencies or of the United States through ings, and documents in such proceed-
decision, approval, disapproval, recom ings. In addition the General Counsel
mendation, the rendering of advice, in may designate any member of his staff
vestigation, or otherwise, while so em to serve as Staff Counsel in contract ap-
ployed; and

peal cases or any other proceeding gov-
(c) No person shall practice, appear, erned by the regulations in this part.
or represent anyone directly or indirect Public Counsel or Staff Counsel shall
ly, other than the United States before participate in any proceeding to which
the Administration in any matter which he is a party, to the extent he deems
was under his official responsibility as an required in the public interest, subject
oficer or employee of the Administra to the separation of functions required
tion or of the United States at any time by section 5(C) of the Administrative
within a period of two years prior to the Procedure Act.
termination of such responsibility.

8 201.32 Substitution of parties.
(d) Any person in doubt as to the ap-
plicability of this $ 201.26 to a particular

Upon petition and for good cause
case may address to the Administration

shown, the Administration may order &
an application for consent to appear,

substitution of parties; except that in
stating his former connection with the case of death of a party substitution may
Administration or predecessor agency,

be ordered upon suggestion and without
identifying the matter in which he de-

matter in which he de- the filing of a petition.
sires to appear, and describing in detail

Subpart D-Form, Execution and
his participation in or responsibility for
such matter if any, while an oficer or

Service of Documents (Rule 4)
employee of the Administration or its & 201.41 Form and appearance of docu-
predecessor agency or of the United ments filed with the Administration.

All papers to be filed under the regu-
(e) No one entitled to practice before

lations in this part may be reproduced
this Administration shall in connection

by printing or by any other process,
with any matter before the Administra-

provided the copies are clear and legi-
tion knowingly give assistance to, ac-
cept assistance from, or share fees with ble; shall be dated, the original signed
any person not entitled under this in ink, and shall show the docket de-
$ 201.26 to appear before the Adminis scription and title of the proceeding,
tration in connection with such matter and the title, if any, and address of the

signatory. If typewritten, the impres-
Subpart C-Parties (Rule 3)

sion shall be on only one side of the
& 201.30 Parties; how designated.

paper and shall be double spaced, ex-
The term "party", whenever used in cept that quotations shall be single
these Rules, shall include any natural spaced and indented. Documents not



printed, except correspondence and ex-
hibits, should be on strong, durable
paper and shall not be more than 812
inches wide and 12 inches long, with
a left margin 112 inches wide. Printed
documents shall be printed in clear type
(never smaller than pica or 11-point
type) adequately leaded, and the paper
shall be opaque and unglazed. Briefs,
if printed, shall be printed on paper
not less than 648 inches wide and 914
inches long, with inside margin not less
than 1 inch wide. All briefs over 15
pages shall contain a subject index with
page references and a list of authorities
§ 201.42 Subscription, authentication of

(a) Documents filed shall be sub-
scribed: (1) By the person or persons
filing same, (2) by an officer thereof if it
be a corporation, (3) by an officer or em-
ployee if it be a government instrumen-
tality, or (4) by an attorney or other
person having authority with respect

(b) Documents submitted pursuant
to stipulation of counsel where no
sponsoring witness will be used must be
8 201.43 Service by parties.

All documents, when tendered for
filing should show that service has been
made upon all parties to the proceeding.

Such service shall be made by de-
livering one copy to each party in per-
son or by mailing by first-class mail
properly addressed with postage prepaid.
When a party has appeared by attorney
or other representative, service upon
such attorney or other representative
will be deemed service upon the party.
All documents served by mail preferably
should be mailed in sufficient time to
reach the parties on the date on which
the original is due to be filed and should
be air mailed if addressee is more than
300 miles distant.
§ 201.44 Date of service.

The date of service of documents shall
be the day when the matter served is
deposited in the United States mail,
shown by the postmark thereon, or is
delivered in person, as the case may be.
& 201.45 Certificate of service.

The original of every document filed
with the Administration and required to
be served upon all parties to a proceed-

ing shall be accompanied by a certificate
of service signed by the party making
service, stating that such service has
been made upon each party to the pro-
ceeding. Certificates of service may be
in substantially the following form:

I hereby certify that I have this day served
the foregoing document upon all parties of
record in this proceeding by mailing, post-
age prepaid (or by delivering in person) a
copy to each such party.

Dated at ------------ this ------ day of
---------, 19...
(Signature) ----

For ------------
8 201.46 Copies of documents for use of

the Administration.
Except as otherwise provided in the
regulations in this part, an original and
fifteen copies of every document shall
be filed for use of the Administration, ex-
cept written testimony and exhibits to
be made a part of a record, which shall
be filed in triplicate unless otherwise

Subpart E-Time (Rule 5)
& 201.51 Computation.

In computing any period of time un-
der these Rules, the time begins with the
day following the act, event, or default,
and includes the last day of the period,
unless it is a Saturday, Sunday, or na-
tional legal holiday. When the period
of time prescribed or allowed is less
than seven (7) days, intermediate Sat-
urdays, Sundays, and holidays shall be
excluded from the computation.
& 201.52 Additional time after service by

Whenever service of a document has
been made by mail in accordance with
$201.43 three (3) days shall be added
to the prescribed period for answer.
§ 201.53 Extension of time to file docu-

Applications for extension of time for
the filing of any document shall set
forth the reasons for the application
and may be granted upon a showing of
good cause on the part of applicant.
Answers to such applications are per-
& 201.54 Reduction of time to file docu.

Except as prohibited by law, for good
cause the Administration, or the Pre-
siding Officer with respect to matters

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