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1933,

Subpart R—Schedules and Forms Sec. 201.281 Schedules of information for pres

entation in regulatory cases; approved forms

Subpart 5 Effective Date 201.291 Effective date and applicability of

rules. AUTHORITY: $ $201.1 to 201.291 issued under sec. 204, 49 Stat. 1987, as amended; 46 U.S. C. 1114.

SOURCE: $8 201.1 to 201.291 contained in General Order 41, 2d Revision, 18 F. R. 3716, June 30, 1953; Amendment 1, 18 F. R. 4599, Aug. 5, 1953, except as otherwise noted.

SUBPART A-GENERAL INFORMATION $201.1 Scope of rules. The rules in this part govern procedure before the Federal Maritime Board and Maritime Administration, hereinafter referred to collectively as the “Board”, under the Shipping Act, 1916, as amended, Merchant Marine Act, 1920, as amended, Intercoastal Shipping Act,

as amended, Merchant Marine Act, 1936, as amended, Administrative Procedure Act, and related acts, except as may be provided otherwise by the Board. They shall be construed to secure the just, speedy, and inexpensive determination of every proceeding.

$201.2 Mailing address; hours. Documents required to be filed in, and correspondence relating to, proceedings governed by the rules in this part should be addressed to "Federal Maritime Board, Washington 25, D. C.The hours of the Board are from 8:30 a. m. to 5:00 p. m., Monday to Friday, inclusive, unless otherwise provided by Federal statute or executive order.

$201.3 Compliance with rules or orders of Board. Persons named in a rule or order shall notify the Board during business hours on or before the day on which such rule or order becomes effective whether they have complied therewith and, if so, the manner in which compliance has been made. change in rates is required, the notification shall specify the tariffs which effect the changes.

§ 201.4 Authentication of rules or orders of the Board. All rules or orders issued in any proceeding covered by the rules in this part shall, unless otherwise specifically provided by the Board, be signed and authenticated by seal by the Secretary of the Board in the name of the Board

$ 201.5 Inspection of records. (a) The files and records of the Board, except those held by the Board for good cause to be confidential, shall be open for inspection and copying as follows:

(1) Tariffs and agreements filed with the Board pursuant to statute or rule or order of the Board may be inspected and copied during business hours in the Regulation Ofice at Washington.

(2) All pleadings, depositions, exhibits, transcripts of testimony, exceptions, and briefs in any statutory proceeding before the Board may be inspected and copied at the Washington office of the Board. Volumes of Federal Maritime Board reports may be purchased from the Superintendent of Documents, Government Printing Office, Washington 25, D. C. Copies of individual decisions may be secured from the Board upon request, or may be examined in the regional offices of the Maritime Administration.

(3) Other files and records may be inspected and copied in the discretion of the Board upon written request to the Secretary describing in detail the documents of which inspection is desired, and setting forth the reasons therefor.

(b) Orders, rules, rulings, opinions, and decisions (initial, recommended, tentative, and final) may be inspected at the Washington office of the Board, except those held by the Board for good cause to be confidential and not cited as precedents.

$ 201.6 Certified copies; requests for. Copies of documents which may be inspected subject to the provisions of $ 201.5 will be prepared and certified by the Secretary under the seal of the Board 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 one making the request.

$ 201.7 Documents in foreign languages. Every document, exhibit, or other paper written in a language other than English and filed with the Board or offered in evidence in any proceeding before the Board under the rules in this part or in response to any rule or order of the Board pursuant to the rules in this part, shall be filed or offered in the language in which it is written and shall

If a

be accompanied by an English translation thereof duly verified under oath to be a true translation.

$ 201.8 Denial of applications and notice thereof. Except in affirming a prior denial or where the denial is selfexplanatory, prompt written notice will be given of the denial in whole or in part of any written application, petition, or other request made in connection with any proceeding under the rules in this part, such notice to be accompanied by a simple statement of procedural or other grounds for the denial, and of any other or further administrative reme. dies or recourse applicant may have where the denial is based on procedural grounds.

$201.9 Suspension, amendment, etc., of rules. The rules 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 rule may be waived by the Board or the presiding officer to prevent undue hardship in any particular case. SUBPART B-APPEARANCES AND PRACTICE

BEFORE THE BOARD $ 201.21 Appearance in person or by representative. A party may appear in person or by an officer, partner, or regular employee of the party, or by or with counsel or other duly qualified representative, in any proceeding under the rules in this part. One who appears under this section may testify, produce and examine witnesses, and be heard upon brief and at oral argument if oral argument is granted.

$ 201.22 Authority for representation. Any individual acting in a representative capacity in any proceeding before the Board may be required to show his authority to act in such capacity.

$ 201.23 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.

$ 201.24 Practice before the Board defined. Practice before the Board shall be deemed to comprehend all matters connected with the presentation of any matter to the Board, including the preparation and filing of necessary documents, and correspondence with and

communications to the Board. The term “Board" as used in this part includes any division, office, branch, section, unit, or field office of the Federal Maritime Board or Maritime Administration and any officer or employee of such division, office, branch, section, unit, or field office.

$ 201.25 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 Board. An attorney's own representation that he is such in good standing before any of the courts referred to in this section will be sufficient proof thereof.

8 201.26 Persons not attorneys at law. Any person who is not an attorney at law may be admitted to practice before the Board if he is a citizen of the United States and files proof to the satisfaction of the Board that he possesses the necessary legal, technical, or other qualifications to enable him to render valuable service before the Board and is otherwise competent to advise and assist in the presentation of matters before the Board. Applications by persons not attorneys at law for admission to practice before the Board shall be made on the forms prescribed therefor, which may be obtained from the Secretary of the Board, and shall be addressed to the Federal Maritime Board, Washington 25, D. C. No person who is not an attorney at law and whose application has not been approved shall be permitted to practice before the Board. This provision and the provisions of $$201.28, 201.29, and 201.30 shall not apply, however, to any person who appears before the Board on his own behalf or on behalf of any corporation, partnership, or association of which he is a partner, officer or regular employee.

$ 201.27 Firms and corporations. Practice before the Board by firms or corporations on behalf of others shall not be permitted.

$ 201.28 Hearings. The Board in its discretion may call upon the applicant for a full statement of the nature and extent of his qualifications. If the Board 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 Board no request for such hearing within 20 days after receiving the notification referred to in this section, his application shall be acted upon without further notice.

§ 201.29 Suspension or disbarment. The Board may, in its discretion, deny admission to, suspend, or disbar any person from practice before the Board who it finds does not possess the requisite qualifications to represent others or is lacking in character, integrity, OI proper professional conduct. Any person who has been admitted to practice before the Board may be disbarred from such practice only after he is afforded an opportunity to be heard.

$ 201.30 Statement of interest. The Board, 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 Board. Attorneys retained on a contingent fee basis shall file with the Board a copy of the contract of employment. Practitioners subject to section 807 of Merchant Marine Act, 1936, as amended, shall comply fully with the requirements of the Board's General Order 9 (2 F. R. 1240).

$ 201.31 Former employees-(a) Practice prohibited. No person shall practice, appear, or represent anyone before the Board in any matter to which he, as member, officer, or employee of the Board, or as officer or employee of the United States, gave personal consideration or as to the facts of which he gained knowledge during and by reason of his Government service.

(b) Further prohibitions with exceptions. No former member of the Federal Maritime Board shall practice, appear, or represent anyone before the Board or act as the employee of an attorney or agent, in any matter which was pending before the Board during the period of his membership in the Board. No former officer or employee of the Board shall practice, appear, or represent anyone before the Board, or act as the employee of an attorney or agent, within two years after the termination of his service with the Board, in any matter which was pending before the Board during the period of his employment by the Board, unless he shall first obtain the written consent of the Board. This consent will not be granted unless it appears that the applicant did not, as officer or employee of the

United States, give personal consideration to the matter, to handle which consent is sought, or gain knowledge of the facts of said matter during and by reason of his Government service.

(c) Former employees: afidavit. Such applicant shall be required to file an affidavit to the effect that he gave no personal consideration to such matter; that he gained no knowledge of the facts involved in such matter during and by reason of his Government service; that he is not associated with, and will not in such matter be associated with, any former member, oficer, or employee of the Board who has gained knowledge of the matter during and by reason of his Government service; and that his employment is not prohibited by any law of the United States or by the regulations of the Board. The statements contained in such affidavit shall not be sufficient if disproved by an examination of the files and records of the case.

(d) Former employees; applications for consent. Applications for consent should be directed to the Board; should state the former connection with the Board of the applicant, and should identify the matter in which the applicant desires to appear. The applicant shall be promptly advised as to his privilege to appear in the particular matter, and the application, affidavit, and consent, or refusal to consent, shall be filed by the Board in its records relative thereto. Separate consents to appear must be obtained to appear in separate cases. (e) Assistance to or by former employ

No one entitled to practice before the Board shall knowingly (1) assist a person employed by a client to represent him before the Board in connection with any matter to which such person as a member, officer, or employee of the Board or as an officer or employee of the United States, gave personal consideration or as to the facts of which such person gained personal knowledge during and by reason of his Government seryice, or (2) accept assistance from any such person in connection with any such matter, or (3) share fees with any such person in connection with such matter.

SUBPART C-PARTIES 8 201.41 Parties; how designated. The term “party”, whenever used in this part, shall include any natural person, corporation, association, firm, partnership, trustee, receiver, agency, public or

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private organization, or governmental agency. A party who seeks relief or other affirmative action under $ 201.62 and/or $201.68 shall be designated as "complainant”. A party against whom relief or other affirmative action is sought in any proceeding commenced under $8 201.62, 201.67, or 201.68, shall be designated as “respondent”. A party applying for charter, subsidy, or other government aid shall be designated as "applicant”. A party who petitions to intervene under $201.74 shall be designated as "intervener”. A party who files à petition under $ $ 201.51, 201.69, or 201.70, or a petition seeking relief not otherwise designated in this part shall be designated as “petitioner". No person other than a party as designated in this section may introduce evidence or examine witnesses at hearings.

$ 201.42 Counsel for the Board. The Assistant General Counsel for Litigation shall be a party to all proceedings governed by the rules in this part. The Assistant General Counsel or his representative shall be designated as “Counsel for the Board”, and shall be served with copies of all papers, pleadings, and documents as are all other parties to the same proceeding. Counsel for the Board shall actively participate in any proceeding to the extent that he deems required in the public interest. Except in the case of rule making proceedings, no member of the staff of the General Counsel who acts as Counsel for the Board in a particular case shall participate or advise in the decision, recommended decision, or agency review of that case or a factually related case, except as witness or counsel in public proceedings. Members of the Board's staff other than those acting as Counsel for the Board may assist in the decision or agency review of any case or proceeding.

$ 201.43 Substitution of parties. Upon petition and for good cause shown, the Board may order a substitution of parties except that in case of death of a party substitution may be ordered upon suggestion and without the filing of a petition.

SUBPART D_RULE MAKING $ 201.51 Petition for

issuance, amendment, or repeal of rule. Any interested party may file with the Board a petition for the issuance, amendment, or repeal of a rule designed to implement, interpret, or prescribe law, pol

icy, organization, procedure, or practice requirements of the Board. The petition shall set forth the interest of petitioner and the nature of the relief desired, shall include any facts, views, arguments, and data deemed relevant jy petitioner, and shall be verified. If such petition is for the amendment or repeal of a rule, it shall be accompanied by proof of service on all persons, if any, specifically named in such rule, and shall conform in other aspects to Subpart H of this part. Replies to such petition shall conform to the requirements of 201.76.

§ 201.52 Notice of proposed rule making. General notice of proposed rule making, including the information specified in § 201.143, shall be published in the FEDERAL REGISTER, unless all persons subject thereto are named and either are personally served or otherwise have actual notice thereof in accordance with law. Except where notice of hearing is required by statute, this section shall not apply to interpretative rules, general statements of policy, organization rules, procedure, or practice of the Board, or any situation in which the Board for good cause finds (and incorporates such finding in such rule) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.

§ 201.53 Participation in rule making. Interested persons will be afforded an opportunity to participate in rule making through submission of written data, views, or arguments, with or without opportunity to present the same orally in any manner: Provided, That, where the proposed rules are such as are required by statute to be made on the record after opportunity for a hearing, such hearing shall be conducted pursuant to section 7 of the Administrative Procedure Act, and the procedure shall be the same as stated in Subpart J of this part. In those proceedings in which respondents are named, interested persons who wish to participate therein shall file a petition to intervene in accordance with the provisions of $201.74.

$ 201.54 Contents of rules. The Board will incorporate in any rules adopted a concise general statement of their basis and purpose.

$ 201.55 Effective date of rules. The publication or service of any substantive rule shall be made not less than 30 days

prior to its effective date except (a) as otherwise provided by the Board for good cause found and published in the FEDERAL REGISTER or (b) in the case of rules granting or recognizing exemption or relieving restriction, interpretative rules, and statement of policy. SUBPART E-PROCEEDINGS; PLEADINGS;

MOTIONS; REPLIES $ 201.61 Proceedings. Proceedings are commenced by filing a complaint with the Board, by order to show cause, by order of investigation upon protest against rates, agreements, etc., by order of the Board upon petition or upon its own motion, or by the filing of an application for government aid, or other relief, the processing of which necessitates a statutory hearing.

§ 201.62 Complaints. Relief or other affirmative action sought under the Shipping Act, 1916, as amended, Merchant Marine Act, 1936, as amended, and related acts, shall be set forth in a complaint filed with the Board. The complaint shall contain the name and address of each complainant, the name and address of complainant's attorney or agent, the name and address of each carrier or person against whom complaint is made, a concise statement of the cause of action, and a request for the relief or other affirmative action sought. Where reparation is sought and the nature of the proceeding so requires, the complaint shall set forth the ports of origin and destination of the shipments, consignees, or real parties in interest where shipments are on "order" bill of lading, consignors, date of receipt by carrier or tender of delivery to carrier, names of vessels, bill of lading number (other identifying reference), description of commodities, weights, measurement, rates, charges made or collected, when, where, by whom and to whom rates and charges were paid, by whom the rates and charges were borne, the amount of damage, and the relief sought. Except under unusual circumstances and for good cause shown, reparation will not be awarded upon a complaint in which it is not specifically asked for, nor upon a new complaint by or for the same complainant which is based upon a finding in the original proceeding. Wherever a rate, fare, charge, rule, regulation, classification, or practice is involved, appropriate reference to the tariff should be made, if possible. If complaint fails to indicate the sections of the acts alleged

to have been violated or clearly to state facts which support the allegations, the Board may, on its own initiative, require the complaint to be amended to supply such further particulars as it deems necessary. The complaint shall be signed and sworn to by complainant, or by an officer or duly accredited representative of complainant if it is an association or a corporation, or by an authorized agent or attorney. When a complaint is filed by several complainants, one may sign on behalf of all. When the complaint is signed and sworn to by an agent or attorney, it shall be accompanied by a copy of the power of attorney or other authority of such agent or attorney to prosecute the complaint. A form of complaint is set forth in Appendix II (1) (18 F. R. 3347). The complaint should designate the place at which hearing is desired.

§ 201.63 Reparation, statute of limitations. Complaints seeking reparation shall be filed within two (2) years after the cause of action accrues (section 22, Shipping Act, 1916, as amended). The Board will consider as in substantial compliance with the statute of limitations a complaint in which complainant alleges that the matters complained of, if continued in the future, will constitute violations of the shipping acts in the particulars and to the extent indicated and prays for reparation accordingly on all shipments affected thereby which may move during the pendency of the proceeding and on which the transportation charges shall be paid and borne by complainant. Notification to the Board that a complaint may or will be filed for the recovery of reparation will not constitute a filing within the 2-year period.

$ 201.64 Joinder of actions and parties. Two or more complaints which state similar causes of action against the same respondent or respondents and involve substantially the same issues may be consolidated and heard together. If a complaint relates to through transportation by continuous carriage or transshipment, all carriers participating in such through transportation shall be joined as respondents. If the complaint relates to more than one carrier or other person subject to the shipping acts, all carriers or other persons against whom a rule or order is sought shall be made respondents. If complaint is made with respect to an agreement filed with

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