CHAPTER II-MARITIME ADMINISTRATION, Documentation, transfer or charter of vessels. Statements, reports, and agreements required to be filed. SUBCHAPTER C-REGULATIONS AFFECTING SUBSIDIZED VESSELS AND OPERATORS Application for subsidies and other direct financial aid (construction). Requirements for maintaining boom lifting capacities and other features. Payment from capital reserve fund. Minimum-wage, minimum-manning, and reasonable working conditions. Policy and procedure regarding conducting of subsidy condition surveys and accomplishment of subsidized vessel maintenance and repairs. Outfitting materials and equipment for construction-differential subsidy Construction-differential subsidy repayment while vessels not operated in Information and procedure required under operating-differential subsidy Uniform system of accounts for operating-differential subsidy contractors. Valuation of vessels for determining capital employed and net earnings under operating-differential subsidy agreements. Determination of profit in contracts and subcontracts for construction, reconditioning, or reconstruction of ships. Establishment and maintenance of the statutory capital and special reserve funds and determination of "capital necessarily employed in the business" Establishment of construction reserve funds. Insurance of construction-differential subsidy vessels, operating-differential subsidy vessels and of vessels sold or adjusted under the Merchant Ship Definition of capital necessarily employed in the business. 292 Procedure to be followed by operators in the rendition to the Maritime Administration of annual and final accountings under operating-dif- 293 Inventories of vessels covered by operating-differential subsidy agreements. SUBCHAPTER D-FEDERAL SHIP MORTGAGE AND LOAN INSURANCE SUBCHAPTER E-[RESERVED] SUBCHAPTER F-MERCHANT SHIP SALES ACT OF 1946 CROSS REFERENCES: Bureau of Customs, Department of the Treasury: See Customs Duties, Coast Guard, Department of Transportation: See Navigation and Navigable Waters, 33 CFR Chapter I; Public Contracts and Property Management, 41 CFR, 11; Shipping, 46 CFR, I. Foreign-Trade Zones Board: See Commerce and Foreign Trade, 15 CFR Chapter IV. Interstate Commerce Commission: See Transportation, 49 CFR Chapter X. Subpoena of Administration em- Subpart M-Hearing Procedures (Rule 13) 201.131 201.132 Decisions; contents and service. Decision based on official notice. Exceptions to, and review by the Administration of initial or recommended decisions. Replies to exceptions. Request for extension of time for filing exceptions and thereto. replies Certification of record by presiding officer. Subpart Q-Oral Argument; Submittal for Final Decision (Rule 17) 201.166 201.167 Oral argument. Submission to Administration for final decision. Subpart R-Stay of Administration's Decision; Reopening of Proceedings (Rule 18) 201.171 201.172 201.173 201.174 201.175 Stay of Administration's decision. Time for filing petition to reopen. Reopening by Administration and modification or setting aside of decision. Petition for reopening. Answers to petition to reopen. Subpart S-Judicial Standards of Practice 201.181 General matters. Improper pressures. 201.183 Ex parte communications. Subpart T-Effective Date (Rule 20) 201.185 Effective date and applicability of rules. Subpart U-Charges for Orders, Notices, 201.186 Charges for documents. AUTHORITY: The provisions of this Part 201 issued under sec. 204, 49 Stat. 1987, as amended; 46 U.S.C. 1114; Reorganization Plan No. 7 of 1981, 26 F.R. 7315; Department of Commerce Order No. 117 (Rev.). SOURCE: The provisions of this Part 201 contained in General Order 41, 3d Rev., 29 F.R. 14475, Oct. 22, 1964; 29 F.R. 15374, Nov. 17, 1964, unless otherwise noted. Subpart A-General Information (Rule 1) §201.1 Scope of rules. The regulations in this part govern practice and procedure before the Maritime Administration and the Maritime Subsidy Board (as described in Department of 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, Maritime 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. § 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 Administration 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 Office, 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 offices of the Maritime Administration. § 201.5 Searching, copying, and certification 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. |