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and instructions to staff. Statements of $380.33 Requests for identifiable recpolicy and interpretations of less than
ords. general applicability not published in (a) General. (1) Subject to the limithe FEDERAL REGISTER, administrative
tations recited in subparagraph (2) of staff manuals and instructions to staff
this paragraph, the Maritime Adminiswhich affect any member of the public, tretion will make available promptly any which are not published and offered for identifiable record in its possession upon sale, and indices to such materials, shall request from any member of the public be available for public inspection and pursuant to the provisions of 5 U.S.C. copying at the Office of Public Informa
552(a) (3). tion, Maritime Administration, General
(2) The general policy expressed in
subparagraph (1) of this paragraph is Accounting Office Building, Room 3037,
subject to the following restrictions: 441 G Street NW., Washington, D.C.
(i) Records made available according 20235, between 8:30 a.m. and 5 p.m.
to the provisions of 5 U.S.C. 552(a) (1) daily except Saturdays, Sundays, and
and (2) are not covered. holidays.
(ii) The procedures contained in this (e) Terms and conditions. Materials § 380.33 must be complied with by each made available to the public under this member of the public. § 380.32 are subject to observance of (iii) Where the Maritime Administrathe following:
tion and a private reporting service are (1) Persons requesting use of the ma parties to a contract which provides that terials must, if requested, sign the visi copies of transcripts be sold only by the tor's book and a receipt for materials reporting service, a party requesting a delivered to them.
copy of a transcript shall be referred to (2) The materials made available re the reporting service by the Maritime Admain the property of the Maritime Ad ministration. However, a copy of such ministration and shall not be removed transcript in the possession of the Mariby the member of the public from the time Administration shall be made availplace provided for use.
able for inspection by the requesting (3) The materials are not to be marred party. or defaced in any manner.
(iv) Records in current use by Mari(4) Persons using the materials are time Administration personnel will not to conduct themselves so as not to inter- be available until the original, or a copy fere with employees of the Maritime Ad thereof at the option of the Maritime ministration or with other members of Administration, may be obtained without the public using the facilities provided. impairing the effective operation of the
(f) Fees and charges. There shall be no function for which it is currently in use. fee or charge for making available the (v) Original records of the Maritime materials noted in paragraph (a) of this Administration will never be made availsection, nor shall there be any fee or able except in its offices and under the charge for copies made by a member of
immediate supervision of its personnel. the public using such materials. The
If a person is unable to make a personal Maritime Administration will, however,
visit to inspect a requested record deter
mined to be available to him, a copy will charge for routine services rendered on
be sent to him upon receipt of a request request, such as duplication, reproduc
and payment of appropriate fees and tion, certification or authentication and
charges specified in § 380.35. mailing, according to the schedule set (vi) During inspection of a record, a forth in § 380.35 or as otherwise pro- requesting party may make notes or vided by regulation not inconsistent with copies by hand at no charge. However, the provisions of that section.
duplication and other services rendered (g) Exemptions to availability. Mate by the Maritime Administration are subrials covered by this $ 380.32 which qual
ject to the fees and charges prescribed in ify under one or more of the exemptions
$ 380.35. contained in 5 U.S.C. 552(b) shall not be
(vii) No changes or alterations of any made available for inspection and copy
type may be made to the record being
inspected, nor may any matter be added ing by the public, nor indexed, except
to or deleted therefrom. Papers bound or where it is determined as a matter of
otherwise assembled may not be disaspolicy that in some respect such mate sembled by the requesting party during rials may be made so available.
(b) Form and procedure of request. record, or if it has no interest in a record (1) Each request for identifiable records believed to be within the jurisdiction of of the Maritime Administration must be another executive department or agency, submitted in writing on Form CD-244 the request shall be forwarded to the entitled “Application to Inspect proper executive department or agency Records.” Copies of such form may be and the requesting party so notified in obtained from the several Maritime writing. Requests referred to the MariAdministration offices identified in the time Administration by another departnote to 380.31(b) (4). Detailed instruc ment or agency shall be processed as tions for completing the form appear on though originally submitted to the the back thereof. An application may Maritime Administration. contain reference to a single record or (v) The requesting party shall be group of records related to the same advised of the several provisions of this subject matter, but each record sought subpart, in particular this $ 380.33 and must be separately listed.
$ 380.35, which concerns fees and (2) A completed Form CD-244, ac charges. companied by the nonrefundable fee pre (e) Officials with possession or control scribed by 8 380.35(b) (1), shall be de of record. The Chief of Office, Staff Offilivered in person or by mail to the Office cial, Superintendent of the U.S. Merof Public Information, Maritime Ad chant Marine Academy or Coast Direcministration, General Accounting Office tor having possession or control of the Building, Room 3037, 441 G Street NW., requested record shall advise the Office of Washington, D.C. 20235.
Public Information of any applicable (c) Burden of identifying record. Sole charges under the terms of $ 380.35(b) responsibility for identifying each record (2). Upon payment thereof by the resought, in sufficient detail so that it can questing party, the official having posbe located by Maritime Administration session or control of the requested record personnel familiar with the records, rests shall forward it, along with any comupon the requesting party.
ments deemed pertinent, to the official (d) Processing of requests. (1) Upon identified in paragraph (f) of this secreceipt of a request for an identifiable tion. record, the Office of Public Information (f) Initial determination of availabilshall proceed as follows:
ity. (1) The Maritime Administrator has (1) If the application is incomplete in delegated his authority to make initial some substantial and material respect, determination of the availability of it shall be returned to the requesting requested identifiable records to the party for completion.
Secretary and the Assistant Secretary (ii) If the application appears in of the Maritime Administration and order, it shall be forwarded to the Chief Maritime Subsidy Board. Notice of every of Office, Staff Official, Superintendent such initial determination shall be conof the U.S. Merchant Marine Academy veyed both to the Office of Public Inforor Coast Director having, or expected to mation and to the official having poshave, possession or control of the record session or control of the specific record. requested, who shall proceed according (2) If the record is determined to be to the provisions of paragraph (e) of available, the requesting party shall be this section.
so notified in writing and the official (iii) Subject to the provisions of sub having possession and control of the division (iv) of this subparagraph, if the record shall be instructed to provide record requested is not in being or not suitable accommodations for inspection in the possession or control of the Mari- and copying during a period prescribed. time Administration, the requesting (3) If the record is determined to be party shall be so notified in writing. unavailable, the requesting party shall
(iv) If the requested record is of be promptly notified in writing, including mutual interest to the Maritime Admin therein (i) an express statement that istration and another executive depart access to the particular record is denied, ment or agency of the Federal Govern- (ii) the reason for denial, including refment, appropriate consultation with the erence to specific exemption under 5 other executive department or agency U.S.C. 552(b) as appropriate, and (iii) shall occur in order to determine which specific reference to the provisions for has the predominant interest. If the review of an initial denial by the MariMaritime Administration does not have time Administrator as contained in parthe predominant interest in a requested agraph (h) of this section.
(4) If uncertainty exists as to the eral Accounting Office Building, Room question of availability, the delegatees 3041, 441 G Street, NW., Washington, identified in subparagraph (1) of this D.C. 20235. paragraph shall follow the procedure set (i) Proceedings in a district court. forth in paragraph (g) of this section, within the Maritime Administration the and otherwise comply with the terms of General Counsel shall be the focal point this § 380.33(f).
for cooperation with other Government (g) Ad hoc determinations of avail officials regarding proceedings before a ability. (1) Any question as to the avail district court, pursuant to 5 U.S.C. 552 ability of a requested record shall be (a) (3), instituted by a party finally destated in a written request for advice to nied access to an identifiable record. the General Counsel, Maritime Admin
$ 380.34 Agency proceedings. istration, and the particular record shall be attached thereto.
(a) Final votes. The final votes in pro(2) The General Counsel shall ceedings of the Maritime Subsidy Board promptly respond with written advices are available for public inspection from in such detail as to permit compliance the Secretary of the Maritime Adminwith the terms of paragraph (f) of this istration and Maritime Subsidy Board, section. The General Counsel, Maritime General Accounting Office Building, Administration, shall consult with the Room 3041, 441 G Street NW., WashingGeneral Counsel, Department of Com ton, D.C. 20235, between 8:30 a.m. and merce, as appropriate.
5 p.m. daily except Saturdays, Sundays, (h) Review of initial denial. (1) Re- and holidays. quests for review from a party denied
(b) Index. A current index to such access to a particular identifiable record final votes, maintained pursuant to the shall be submitted in accordance with provisions of section 201(c), Merchant the instructions on Form CD–244 within Marine Act, 1936, as amended (46 U.S.C. 30 days of the date of initial denial. 1101 et seq.), is also available to the
:) The requesting party may submit public under the conditions recited in arguments to support his belief that the paragraph (a) of this section. record requested should be made avail- $ 380.35 Fees and charges. able. No personal appearance, oral argument, or hearing shall be permitted. No
(a) General. (1) The Maritime Adfee or charge is applicable to the process
ministration shall adhere to the policies ing of a request for review.
of the Department of Commerce, the (3) The decision upon review shall be
Congress and the Bureau of the Budget made by the Maritime Administrator on
to the effect that services performed the basis of the original application, the
hereunder for members of the public are initial denial, and any written arguments
to be self-sustaining. submitted by the requesting party. The
(2) Uniform fees established by the Maritime Administrator may obtain a
Department of Commerce from time to staff report on the matter from the re
time are, and shall be, adopted by the sponsible official who rendered the initial
Maritime Administration. denial and shall solicit the advice of
(b) Services provided and schedule of the General Counsel, Department of
fees and charges. The following services Commerce, or his designee.
are provided by the Maritime Adminis(4) The decision upon review shall
tration upon advance payment of the be promptly made in writing and com
fees and charges indicated. municated to the requesting party, in
(1) Application fee per request under 5 cluding therein (i) an express statement
U.S.C. 552(a) (3)—$2. This fee is non
refundable and covers costs of acceptthat such decision is final, (ii) explana
ing and reviewing the application and tion of any reservation or condition
making a determination as to the noted, and (iii) if the request is denied
availability of the requested Identifiin whole or in part, the reason for denial
able record, or group of related records.
(2) Search fee, per hour per person, for and reference to the specific exemption
records requested under 5 U.S.C. 552 under 5 U.S.C. 552(b) as appropriate.
(a) (3)-$5 (with a minimum of $2.50). (5) A copy of such final decision upon
This fee covers the costs of locating the review shall be indexed by and kept
desired record, transporting it by Gov
ernment messenger service to a point available for public reference from the
of inspection, supervising the inspecSecretary of the Maritime Administra
tion, and returning the record to its tion and Maritime Subsidy Board, Gen
(8) Copies of records, 11 re
quested by a member of
ess-up to 12 x 18 inches
(each page) -----------Over 12 x 18 inches, but less
than 18 x 25 inches (each
page) ----------------Typewritten (each page
one side per page) ------ $3.00.1 (4) Photographic negatives—14
x 17 inches or smaller
larger than 30 x 40 inches
(each) ----------------- $6. 50. (5) Certification with appropri
ate seal, if requested (each
certification) ---------- $1.00. (6) Postage, registration, or
other packing or forward-
------- Actual cost. 1 No charge for carbon coples.
(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 spe. cial 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. 8 380.36 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 oficial 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 II-COAST GUARD (GREAT LAKES PILOTAGE), DEPARTMENT OF TRANSPORTATION
Part 401 402 403
Great Lakes Pilotage Regulations.
PART 401_GREAT LAKES PILOTAGE
Subpart A-General Sec. 401.100 Purpose. 401.110 Definitions. 401.120 Federal reservation of pilotage reg
Subpart B-Registration of Pilots 401.200 Application for registration. 401.210 Requirements and qualifications for
registration. 401.211 Requirements for training of Appli
cant Pilots. 401.220 Registration of pilots. 401.230 Certificates of Registration. 401.240 Renewal of Certificates of Registra
tion, 401.250 Suspension and revocation of Cer
tificates of Registration. 401.260 Reports. Subpart C-Establishment of Pools by Voluntary
Associations of United States Registered Pilots 401.300 Authorization for establishment of
pools. 401.310 Application for establishment of
401.420 Cancellation, delay or interruption
in rendition of services. 401.430 Prohibited charges. 401.431 Disputed charges. 401.440 Advance payment of charges. 401.450 Pilot change points. 401.451 Pilot rest periods. Subpart Penalties; Operations Without
Registered Pilots 401.500 Penalties for violations. 401.610 Operation without Registered Pilots. Subpart Procedure Governing Revocation or
Suspension of Registration and Refusal to Re
new Registration 401.600 Right to hearing. 401.605 Notice. 401.610 Hearing. 401.615 Representation. 401.620 Burden of proof. 401.630 Appearance, testimony, and cross
examination. 401.635 Evidence which shall be excluded. 401.640 Record for decision. 401.645 Examiners decision; exceptions
thereto. 401.650 Review of Examiners initial de
cision. AUTHORITY: The provisions of this part 401 Issued under sec. 4, 74 Stat. 260, sec. 6(a)(4), 80 Stat. 938; 46 0.8.C. 216b, 49 U.S.C. 1665 (a) (4); Department of Transportation Order 1100.1, Mar. 31, 1967, 49 CFR 1.4(a) (1), 32 F.R. 5606; unless otherwise noted.
Subpart A-General SOURCE: The provisions of this Subpart A appear at 26 F.R. 951, Jan. 31, 1961, unless otherwise noted.
401.320 Requirements and qualifications for
authorization to establish pools. 401.330 Certificates of Authorization. 401 340 Compliance with working rules of
pools. Subpart D Rates, Charges, and Conditions for
Pilotage Services 401.400 Rates and charges on designated
waters. 401.410 Rates and charges on undesignated