(4) General: (i) If copy is to be transmitted to the applicant by registered, air, or special delivery mail, the postal fees will be added to the fees for copying (or the request must include postage stamps or stamped return envelopes).

(ii) The cost of special handling or packaging shall also be included in the total fee charged.

(iii) Minimum charge, 50 cents. (5) Medical records of merchant seamen, including packaging and postage: Searching-Abstracting..

$5.00 3.00

Since the changes herein reflect minor adjustments of fee items pursuant to current review, it is deemed impracticable to delay the effective date hereof; therefore, in accordance with the provisions of section 4, Administrative Procedure Act (5 U.S.C. 1003), the foregoing shall be effective as of the date of publication in the FEDERAL REGISTER.

[G.O. 41, 3d Rev., Amdt. 2, 31 F.R. 9867, July 21, 1966]

§ 201.6 Documents in foreign lan

guages.

Every document, exhibit, or other paper written in a language other than English and filed with the Administration or offered in evidence in any proceeding before the Administration under the regulations in this part or in response to any rule or order of the Administration pursuant to the regulations in this part, shall be filed or offered in the language in which it is written and shall be accompanied by an English translation thereof duly subscribed.

§ 201.7 Information; special instructions.

Information as to procedure under the regulations in this part, and instructions supplementing the regulations in this part in special instances, will be furnished upon application to the Secretary of the Administration.

§ 201.8 Use of gender and number.

Words importing the singular number may extend and be applied to several persons or things; words importing the plural number may include the singular; and words importing the masculine gender may be applied to females.

§ 201.9 Suspension, amendment, etc., of rules.

The regulations 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 regulation in this part may be waived by the Administration or the Presiding Officer to prevent undue hardship in any particular case.

Subpart B-Appearance and Practice Before the Administration (Rule 2)

§ 201.15 Appearance in person or by representative.

A party may appeal 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 regulations in this part. A party may offer testimony, produce and examine witnesses, and be heard upon brief and at oral argument if oral argument is granted. Any person compelled to appear in a proceeding pursuant to subpoena may be accompanied, represented, and advised by counsel and may purchase a transcript of his testimony.

§ 201.16 Authority for representation.

Any individual acting in a representative capacity in any proceeding before the Administration may be required by the Administration or the Presiding Officer to show his authority to act in such capacity.

§ 201.17 Written appearance.

Persons who appear at any hearing shall deliver a written notation of ap

pearance to the reporter, stating for whom the appearance is made. The written appearance shall be made a part of the record.

$201.18 Practice before the Administration defined.

Practice before the Administration shall be deemed to comprehend all matters connected with any presentation to the Administration or its staff.

§ 201.19 Presiding officers.

Hearings on any matter before the Administration will be held by a duly designated Member or Members thereof, or a Hearing Examiner qualified under section 11 of the Administrative Procedure Act, assigned by the Chief Hearing Examiner, who shall be designated as the Presiding Officers. Where appropriate the Administration may designate other members of the staff to serve as Presiding Officers in hearings not required by statute, as provided in § 201.86.

§ 201.20 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 Administration. An attorney's own representation that he is such in good standing before any of the courts herein referred to will be sufficient proo^ thereof.

§ 201.21 Persons not attorneys at law.

Any person who is not an attorney at law may be admitted to practice before the Administration if he is a citizen of the United States and files proof to the satisfaction of the Administration that he possesses the necessary legal, technical, or other qualifications to enable him to render valuable service before the Administration and is otherwise competent to advise and assist in the presentation of matters before the Administration. Applications by persons not attorneys at law for admission to practice before the Administration shall be made on the forms prescribed therefor, which may be obtained from the Secretary of the Administration, Washington, D.C., 20235. No person who is not an attorney at law and whose application has not been approved shall be permitted to practice before the Administration. However, this provision and the provisions of §§ 201.22, 201.23, and

201.24 shall not apply to any person who appears before the Administration on his own behalf or on behalf of any corporation, partnership, or association of which he is a partner, officer, or regular employee.

§ 201.22 Firms and corporations.

Except as regards law firms, practice before the Administration by firms or corporations on behalf of others shall not be permitted.

§ 201.23 Hearings.

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

§ 201.24 Suspension or disbarment.

The Administration may, in its discretion, deny admission to, suspend, or disbar any person from practice before the Administration who it finds does not possess the requisite qualifications to represent others or is lacking in character, integrity, or to have engaged in unethical or improper professional conduct. Disrespectful, disorderly, or contumacious language or contemptuous conduct at any hearing before the Administration or a presiding officer shall constitute grounds for immediate exclusion from said hearing by the Presiding Officer. Any person who has been admitted to practice before the Administration may be disbarred from such practice only after he has been afforded an opportunity to be heard.

§ 201.25 Statement of interest.

The Administration, 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 Administration. Attorneys retained on a contingent fee basis shall file with the Administration a copy of the contract of

employment.

Practitioners subject to
section 807 of the Merchant Marine Act
of 1936, as amended, shall comply fully
with the requirements of 46 CFR
§ 222.1 (22 FR. 1087).

§ 201.26 Former employees.

(a) No former officer or employee of
the Administration shall practice, ap-
pear, or represent anyone directly or in-
directly, other than the United States be-
fore the Administration in any matter
within a period of one year subsequent to
the termination of his or her employ-
ment with the Administration.

(b) No person shall practice, appear,
or represent anyone other than the
United States before the Administration,
directly or indirectly, in any matter in
which he participated personally and
substantially as an officer or employee
of the Administration or the predecessor
agencies or of the United States through
decision, approval, disapproval, recom-
mendation, the rendering of advice, in-
vestigation, or otherwise, while so em-
ployed; and

(c) No person shall practice, appear,
or represent anyone directly or indirect-
ly, other than the United States before
the Administration in any matter which
was under his official responsibility as an
officer or employee of the Administra-
tion or of the United States at any time
within a period of two years prior to the
termination of such responsibility.

(d) Any person in doubt as to the ap-
plicability of this § 201.26 to a particular
case may address to the Administration
an application for consent to appear,
stating his former connection with the
Administration or predecessor agency,
identifying the matter in which he de-
sires to appear, and describing in detail
his participation in or responsibility for
such matter if any, while an officer or
employee of the Administration or its
predecessor agency or of the United
States.

(e) No one entitled to practice before
this Administration shall in connection
with any matter before the Administra-
tion knowingly give assistance to, ac-
cept assistance from, or share fees with
any person not entitled under this
§ 201.26 to appear before the Adminis-
tration in connection with such matter.

Subpart C-Parties (Rule 3)

§ 201.30 Parties; how designated.

The term "party", whenever used in
these Rules, shall include any natural

The Assistant General Counsel, Chief,
Division of Operating Subsidy Contracts,
shall be a party to all proceedings in-
volving operating-differential subsidy
contracts. The Assistant General Coun-
sel and his representatives shall be des-
ignated as Public Counsel and shall be
served with copies of all papers, plead-
ings, and documents in such proceed-
ings. In addition the General Counsel
may designate any member of his staff
to serve as Staff Counsel in contract ap-
peal cases or any other proceeding gov-
erned by the regulations in this part.
Public Counsel or Staff Counsel shall
participate in any proceeding to which
he is a party, to the extent he deems
required in the public interest, subject
to the separation of functions required
by section 5(c) of the Administrative
Procedure Act.

§ 201.32

Substitution of parties.

Upon petition and for good cause
shown, the Administration 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-Form, Execution and
Service of Documents (Rule 4)
§ 201.41

Form and appearance of docu-
ments filed with the Administration.
All papers to be filed under the regu-
lations in this part may be reproduced
by printing or by any other process,
provided the copies are clear and legi-
ble; shall be dated, the original signed
in ink, and shall show the docket de-
scription and title of the proceeding,
and the title, if any, and address of the
signatory. If typewritten, the impres-
sion shall be on only one side of the
paper and shall be double spaced, ex-
cept that quotations shall be single
spaced and indented. Documents not

printed, except correspondence and ex-
hibits, should be on strong, durable
paper and shall not be more than 82
inches wide and 12 inches long, with
a left margin 11⁄2 inches wide. Printed
documents shall be printed in clear type
(never smaller than pica or 11-point
type) adequately leaded, and the paper
shall be opaque and unglazed. Briefs,
if printed, shall be printed on paper
not less than 6% inches wide and 91⁄4
inches long, with inside margin not less
than 1 inch wide. All briefs over 15
pages shall contain a subject index with
page references and a list of authorities
cited.

§ 201.42 Subscription, authentication of

documents.

(a) Documents filed shall be sub-
scribed: (1) By the person or persons
filing same, (2) by an officer thereof if it
be a corporation, (3) by an officer or em-
ployee if it be a government instrumen-
tality, or (4) by an attorney or other
person having authority with respect
thereto.

no

(b) Documents submitted pursuant
to stipulation of counsel where
sponsoring witness will be used must be
verified.

§ 201.43 Service by parties.

All documents, when tendered for
filing should show that service has been
made upon all parties to the proceeding.

Such service shall be made by de-
livering one copy to each party in per-
son or by mailing by first-class mail
properly addressed with postage prepaid.
When a party has appeared by attorney
or other representative, service upon
such attorney or other representative
will be deemed service upon the party.
All documents served by mail preferably
should be mailed in sufficient time to
reach the parties on the date on which
the original is due to be filed and should
be air mailed if addressee is more than
300 miles distant.

§ 201.44 Date of service.

The date of service of documents shall
be the day when the matter served is
deposited in the United States mail,
shown by the postmark thereon, or is
delivered in person, as the case may be.
§ 201.45 Certificate of service.

The original of every document filed
with the Administration and required to
be served upon all parties to a proceed-

86-102-68- -2

In computing any period of time un-
der these Rules, the time begins with the
day following the act, event, or default,
and includes the last day of the period,
unless it is a Saturday, Sunday, or na-
tional legal holiday. When the period
of time prescribed or allowed is less
than seven (7) days, intermediate Sat-
urdays, Sundays, and holidays shall be
excluded from the computation.
§ 201.52

Additional time after service by

mail.
Whenever service of a document has
been made by mail in accordance with
§201.43 three (3) days shall be added
to the prescribed period for answer.
§ 201.53

ments.

Extension of time to file docu-

pending before him, may reduce any time limit prescribed in the regulations in this part.

§ 201.55 Postponement of hearing.

Applications for postponement of any hearing date may be granted upon a showing of good cause on the part of the applicant. Answers to such applications are permitted.

Subpart F-Rule Making (Rule 6) § 201.61

Petition for issuance, amendment, or repeal of rule or regulation. Any interested person may file with the Administration a petition for the issuance, amendment, or repeal of a rule designed to implement, interpret, or prescribe law, policy, organization, procedure, or practice requirements of the Administration. 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 by petitioner, and shall be subscribed to. 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 all other aspects to Subpart D of this part. Answers to such petition shall conform to the requirements of Subpart D of this part.

§ 201.62

Notice of proposed rule mak

ing. After receipt of petitions and any answers thereto described in § 201.61, or upon its own initiative, the Administration may, in its discretion, direct that notice thereof 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 publication of notice of proposed rule making and public hearing is required by statute, this section shall not apply to interpretative rules, general statements of policy, organization rules, rules of procedure, or practice of the Administration, or amendments thereto, or any situation in which the Administration for good cause finds that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.

§ 201.63 Participation in rule making. Interested persons will be afforded an opportunity to participate in rule making

The Administration will incorporate in any rules to be adopted a concise general statement of their basis and purpose. $201.65 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 Administration 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 statements of policy.

Subpart G-Formal Proceedings, Notice, Pleadings, Replies (Rule 7) § 201.71 Commencement of proceedings.

Formal proceedings may be commenced with respect to any phase of an application for Government aid or other relief, the processing of which by statute requires a public hearing. The Administration may, in its discretion, also direct the holding of a hearing not required by statute for any purpose authorized in the statutes it administers. § 201.72

Notice.

Notice of any matter which may result in or involves the institution of a formal proceeding will be given by publication in the FEDERAL REGISTER in sufficient detail and in sufficient time to apprise interested persons of the nature of the issues to be heard and to allow for an opportunity to file petitions for leave to intervene.

§ 201.73 Joinder of proceedings.

(a) Two or more matters which have been set for hearing by the Administration, and which involve similar issues, may be consolidated for the purpose of hearing. Such consolidation may, at the