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Administration, shall consult with the General Counsel, Department of Commerce, as appropriate.

(h) Review of initial denial. (1) Requests for review from a party denied access to a particular identifiable record shall be submitted in accordance with the instructions on Form CD-244 within 30 days of the date of initial denial.

(2) The requesting party may submit arguments to support his belief that the record requested should be made available. No personal appearance, oral argument, or hearing shall be permitted. No fee or charge is applicable to the processing of a request for review.

(3) The decision upon review shall be made by the Maritime Administrator on the basis of the original application, the initial denial, and any written arguments submitted by the requesting party. The Maritime Administrator may obtain a staff report on the matter from the responsible official who rendered the initial denial and shall solicit the advice of the General Counsel, Department of Commerce, or his designee.

(4) The decision upon review shall be promptly made in writing and communicated to the requesting party, including therein (i) an express statement that such decision is final, (ii) explanation of any reservation or condition noted, and (iii) if the request is denied in whole or in part, the reason for denial and reference to the specific exemption under 5 U.S.C. 552(b) as appropriate.

(5) A copy of such final decision upon review shall be indexed by and kept available for public reference from the Secretary of the Maritime Administration and Maritime Subsidy Board, General Accounting Office Building, Room 3041, 441 G Street, NW., Washington, D.C. 20235.

(i) Proceedings in a district court. Within the Maritime Administration the General Counsel shall be the focal point for cooperation with other Government officials regarding proceedings before a district court, pursuant to 5 U.S.C. 552 (a) (3), instituted by a party finally denied access to an identifiable record. § 380.34 Agency proceedings.

(a) Final votes. The final votes in proceedings of the Maritime Subsidy Board are available for public inspection from the Secretary of the Maritime Administration and Maritime Subsidy Board, General Accounting Office Building,

Room 3041, 441 G Street NW., Washington, D.C. 20235, between 8:30 a.m. and 5 p.m. daily except Saturdays, Sundays, and holidays.

(b) Index. A current index to such final votes, maintained pursuant to the provisions of section 201(c), Merchant Marine Act, 1936, as amended (46 U.S.C. 1101 et seq.), is also available to the public under the conditions recited in paragraph (a) of this section.

§ 380.35 Fees and charges.

(a) General. (1) The Maritime Administration shall adhere to the policies of the Department of Commerce, the Congress and the Bureau of the Budget to the effect that services performed hereunder for members of the public are to be self-sustaining.

(2) Uniform fees established by the Department of Commerce from time to time are, and shall be, adopted by the Maritime Administration.

(b) Services provided and schedule of fees and charges. The following services are provided by the Maritime Administration upon advance payment of the fees and charges indicated.

(1) Application fee per request under 5 U.S.C. 552 (a) (3)—$2. This fee is nonrefundable and covers costs of accepting and reviewing the application and making a determination as to the availability of the requested identifiable record, or group of related records. (2) Search fee, per hour per person, for records requested under 5 U.S.C. 552 (a) (3)—$5 (with a minimum of $2.50). This fee covers the costs of locating the desired record, transporting it by Government messenger service to a point of inspection, supervising the inspection, and returning the record to its regular file.

(3) Copies of records, if re-
quested by a member of
the public: Xerographic
or similar process-up to
9 X 14 inches (each
page)
Photocopy or similar proc-
ess-up to 12 x 18 inches
(each page)

Over 12 x 18 inches, but less
than 18 x 25 inches (each
page)

Typewritten (e
(each page
one side per page).

(4) Photographic negatives-14
x 17 inches or smaller
(each)

Over 14 x 17 inches but not
larger than 30 x 40 inches
(each)

$0.25.

$1.00.

$2.00.

$3.00.1

$2.50.

$6.50.

(6

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(c) Adjustments and refunds of fees and charges. (1) The fees and charges set forth above are based upon an initial estimate of the costs to be incurred in providing the indicated services and may be revised as necessary to insure the recovery of all direct and indirect costs by the Maritime Administration.

(2) If actual cost exceeds the payment based on an estimate made at the time request is made by a member of the public, the requesting party will have the option of either paying the additional cost or receiving the part of the service requested which is covered by the payment.

(3) If the payment based on an estimate made at the time of request by a member of the public is $1 or more in excess of actual costs and minimum fee, the excess above the higher will be refunded.

(d) Other services. The published regulations of the Maritime Administration contain provisions for assessment of special fees and charges for the performance of certain services by the Maritime Administration for the benefit of members of the public. Unless inconsistent with the provisions of this § 380.35, such regulations shall remain in full force and effect.

§ 380.36 Subpoenas, other compulsory processes and requests.

In any case where it is sought by subpoena, order, or other compulsory process or other demand of a court or other authority to require the production or disclosure of any record in the files of the Maritime Administration or other information acquired by an officer or employee of the Maritime Administration as a part of the performance of his official duties or because of his official status, the matter shall be immediately referred for determination, through the Secretary of the Maritime Administration and Maritime Subsidy Board, to the Maritime Administrator who shall take all necessary steps as prescribed in section 7 of Department of Commerce Order 64 (32 F.R. 9734, July 4, 1967).

CHAPTER III-COAST GUARD (GREAT LAKES

PILOTAGE), DEPARTMENT OF TRANSPORTATION

Part

401 Great Lakes Pilotage Regulations.

402

Great Lakes Pilotage Rules and Orders.

403 Great Lakes Pilotage Uniform Accounting System.

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The purpose of this part is to carry out those provisions of the Great Lakes Pilotage Act of 1960 (74 Stat. 259, 46 U.S.C. 216) relating to the registration of United States pilots, the formation of pools by voluntary associations of United States registered pilots and the establishment of rates, charges, and other conditions or terms for services performed by registered pilots to meet the provisions of the Act.

§ 401.110 Definitions.

(a) The following terms where used in this part shall have the following meanings:

(1) "Act" means the Great Lakes Pilotage Act of 1960, as amended (Public Law 86-555, 74 Stat. 239-262; 46 U.S.C. 216-2161).

(2) "Commandant" means Commandant, U.S. Coast Guard, Department of Transportation, Washington, D.C. 20591.

(3) "Canadian Registered Pilot" means a person, other than a member of the regular complement of a vessel, who holds a master's certificate or equivalent license authorizing navigation on the Great Lakes and suitably endorsed for pilotage on routes specified therein, issued by an appropriate agency of Canada, and is registered by a designated agency of Canada on substantially the same basis as registration under the provisions of Subpart B of this part.

(4) "Movage" means the underway movement of a vessel in navigation from or to a dock, pier, wharf, dolphins, buoys, or anchorage other than a temporary anchorage for navigational or traffic purposes in such manner as to constitute a distinct separate movement not a substantive portion of a translake movement on arrival or departure, within the geographic confines of a harbor or port complex within such harbor.

(5) "Great Lakes" means Lakes Superior, Michigan, Huron, Erie, and Ontaric, their connecting and tributary waters, the St. Lawrence River as far east as Saint Regis, and adjacent port

areas.

(6) "Other officer" means the master or any other member of the regular complement of the vessel concerned who is qualified for the navigation of those

United States waters of the Great Lakes which are not designated by the President in Proclamation No. 3385 dated December 22, 1960 and who is either licensed by the head of the Department in which the Coast Guard is operating under regulations issued by him or certificated by an appropriate agency of Canada.

(7) "Secretary" means the Secretary of Transportation or any person to whom he has delegated his authority in the matter concerned.

(8) "U.S. registered pilot" means a person, other than a member of the regular complement of a vessel, who holds an unlimited master's license authorizing navigation on the Great Lakes and suitably endorsed for pilotage on routes specified therein, issued by the Goast Guard, and who is also registered under the provisions of Subpart B of this part.

(9) "Director" means Director, Great Lakes Pilotage Staff, on the Staff of the Commander, 9th Coast Guard District (dgp), Federal Office Building, 1240 East Ninth Street, Cleveland, Ohio 44199.

[26 F.R. 951, Jan. 31, 1961, as amended at 31 F.R. 9064, July 1, 1966; 32 F.R. 14220, Oct. 13, 1967]

§ 401.120 Federal reservation of pilotage regulations.

Only

No state, municipal, or other local authority shall require the use of pilots or regulate any aspect of pilotage in any of the waters specified in the Act. those persons registered as United States Registered Pilots or Canadian Registered Pilots as defined in this subpart may render pilotage services on any vessel subject to the Act and the Memorandum of Arrangements, Great Lakes Pilotage. [29 F.R. 10464, July 28, 1964]

Subpart B-Registration of Pilots § 401.200 Application for registration.

(a) An application for registration as a U.S. Registered Pilot shall be made on Form CG-4509, which shall be submitted together with a completed fingerprint chart and two full-face photographs, 11⁄2 inches by 2 inches, signed on the face. These forms may be obtained from the Director.

(b) A registration fee of five dollars ($5) by check or money order, drawn to the order of the "U.S. Coast Guard," shall accompany an application for registration. This registration fee will be refunded if applicant is not registered. [32 F.R. 14220, Oct. 13, 1967]

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