10312 UNITED STATES DEPARTMENT OF COMMERCE MARITIME SUBSIDY BOARD June 1973 ROBERT J. BLACKWELL, Chairman MARITIME ADMINISTRATION ROBERT J. BLACKWELL, Assistant Secretary OCEANS D3743 The official rulings, orders, opinions and decisions set forth in this volume are of the Maritime Administration and the Maritime Subsidy Board. By Reorganization Plan No. 21 of 1950 (64 Stat. 1273), effective May 24, 1950, there was established in the Department of Commerce a Maritime Administration. The head of the Maritime Administration is a Maritime Administrator and the Assistant Secretary of Commerce for Maritime Affairs is ex officio the Administrator. (Reorganization Plan No. 7, 1961, effective August 12, 1961). The Secretary of Commerce by Department of Commerce Order No. 117 (Revised) (26 FR 7713, August 17, 1961), and continuously thereafter, prescribed the functions of the Maritime Administration. The Maritime Administration is responsible for fostering the development and maintenance of an American merchant marine sufficient to meet the needs of the national security and of the domestic and foreign commerce of the United States. Among its functions are awarding and administering construction-differential subsidy contracts and operating-differential subsidy contracts to aid the American merchant marine and issuing rules and regulations with respect to its functions. The Maritime Subsidy Board was established within the Maritime Administration by the Secretary of Commerce by the same department order. The most current department order continuing the Maritime Administration and Maritime Subsidy Board is Department Organization Order No. 10-8 (38 FR 19707, effective July 5, 1973). The Board is responsible generally for making, amending or terminating subsidy contracts and various other related matters. All other functions of the Maritime Administration are delegated to the Maritime Administrator. For the most part, the time period covered by decisions in Volume 4 is from May 1973 to the end of 1977. (There are included a few earlier decisions not reported in the first three volumes.) During that time period the Board was composed of the Maritime Administrator, as Chairman, the Deputy Maritime Administrator and the General Counsel of the Maritime Administration. In the absence or disability of one of its members, the Secretary of the Board and Administration acted as a member. The concurring votes of two members is sufficient for the disposition of any matter which comes before the Board. The post-Reorganization decisions of the Maritime Administration and the Maritime Subsidy Board are published in separate serial volumes, of which this is Volume 4. It may be referred to as Maritime Administration Reports or cited as 4 MA (page number) (MSB or MA and the year of the decision). This Volume 4 contains three series of decisions identified and described as follows: "S-" series-decisions of the Maritime Subsidy Board and the Maritime Administrator relating to the operating-differential subsidy program and usually resulting from hearings held either pursuant to statutory requirement or in the discretion of the convening authority. This series previously included decisions after hearings related to programs other than the operating-differential subsidy program, for example, Docket No. S-137, 1 MA 263, (MA 1963) involved Title XI, Merchant Marine Act, 1936, as amended. "CA-" series-decisions of the Maritime Subsidy Board and Maritime Administrator relating to construction, construction-differential subsidy or other contracts and resulting from disputes appeals provisions in those contracts. "A-" series-decisions of the Maritime Subsidy Board and the Maritime Administrator in explanation of administrative determinations rendered where no evidentiary hearing was held. The numerical docket sequence within each series of decisions is broken and numerous dockets are omitted. Only those dockets which resulted in formal decisions by the Maritime Subsidy Board and Maritime Administrator are reported. Docketed cases which were never referred to hearing or which were withdrawn after referral, dismissed or returned to the Board or Administrator for administrative processing without hearing and without any decision are unreported in this volume. Official copies of decisions by the Maritime Subsidy Board and the Maritime Administrator not yet compiled and published in official volumes may be obtained from the Secretary of the Maritime Administration, U.S. Department of Commerce, 14th and E Streets, N.W., Washington, D.C. 20230. Copies are also available for inspection in the region offices of the Maritime Administration in New York, New York; New Orleans, Louisiana; San Francisco, California; and Cleveland, Ohio. Unofficial copies of decisions of the Maritime Subsidy Board and Maritime Administrator appear in the following unofficial, loose-leaf reporter which specializes in merchant marine and shipping law: Pike and Fischer Shipping Regulation Reports (4550 Montgomery Avenue, Bethesda, MD. 20014). This mention is not an endorsement and the reader is advised to rely upon only official copies of decisions) published in these volumes, obtained from the Secretary of the Maritime Subsidy Board and Maritime Administration and inspected in the region offices. July 1980 ROBERT J. PATTON, JR., Maritime Subsidy Board |