Imágenes de páginas
PDF
EPUB

CHAPTER 11-MARITIME ADMINISTRATION,

DEPARTMENT OF COMMERCE

SUBCHAPTER A-POLICY, PRACTICE AND PROCEDURE

Part 200 201 202

(Reserved]
Rules of practice and procedure.
Procedures relating to review by Secretary of Commerce of actions by

Maritime Subsidy Boards
Audit appeals; policy and procedure.
Miscellaneous fees.

205 206

SUBCHAPTER B-REGULATIONS AFFECTING MARITIME CARRIERS

AND RELATED ACTIVITIES

221 222 237 246

Documentation, transfer or charter of vessels.
Statements, reports, and agreements required to be filed.
Repairs to vessels under bareboat charter.
Formulae for determining sea speed of vessels.

SUBCHAPTER C-REGULATIONS AFFECTING SUBSIDIZED VESSELS

AND OPERATORS

251 253 255 262 272

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

vessels.
Construction-differential subsidy repayment while vessels not operated in

foreign trade.
Domestic and foreign trade; interpretations.

275

276

277

Part 281

282 284

285

286

Information and procedure required under operating-differential subsidy

agreements. 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”

and “net earnings”. 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

Sales Act 1946.
Forms.
Definition of capital necessarily employed in the business.
Procedure to be followed by operators in the rendition to the Maritime

Administration of annual and final accountings under operating-dif

ferential subsidy agreements. Inventories of vessels covered by operating-differential subsidy agreements.

287 289

290 291 292

293

SUBCHAPTER D-FEDERAL SHIP MORTGAGE AND LOAN INSURANCE

297

Transactions and operations in Federal ship mortgage insurance fund

debentures.
Federal ship mortgage and loan insurance.

298

SUBCHAPTER E-[RESERVED]

SUBCHAPTER F-MERCHANT SHIP SALES ACT OF 1946

299

Rules and regulations, forms, and citizenship requirements.

[blocks in formation]

350 355 360

SUBCHAPTER J-MISCELLANEOUS
Seamen's service awards.
Requirements for establishing United States citizenship.
Transfer of marine equipment to ship operators and shipyards.

[blocks in formation]

Cross REFERENCES: Bureau of Customs, Department of the Treasury: See Customs Duties,

19 CFR Chapter I. 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.
Canal Zene Regulations: See Panama Canal, 35 CFR Chapter I.

SUBCHAPTER A-POLICY, PRACTICE AND PROCEDURE

Sec. 201.43 201.44 201.45 201.46

Service by parties.
Date of service.
Certificate of service.
Copies of documents for use of the

Administration.

PART 201--RULES OF PRACTICE

AND PROCEDURE Subpart A-General Information (Rule 1) Sec. 201.1 Scope of rules. 201.2 Mailing address; hours. 201.3 Authentication of rules, orders, de

terminations and decisions of the

Administration. 201.4 Inspection of records. 201.5 Searching, copying, and certification

of records; fees therefor. 201.6 Documents in foreign languages. 201.7 Information; special instructions. 201.8 Use of gender and number. 201.9 Suspension, amendment, etc., of

rules.

Subpart E-Time (Rule 5) 201.51 Computation. 201.52 Additional time after service by

mail. 201.53 Extension of time to file documents. 201.54 Reduction of time to file docu

ments. 201.55 Postponement of hearing.

Subpart F-Rule Making (Rule 6) 201.61 Petition for issuance, amendment,

or repeal of rule or regulation. 201.62 Notice of proposed rule making. 201.63 Participation in rule making. 201.64 Contents of rules. 201.65 Effective date of rules.

Subpart B Appearance and Practice Before the

Administration (Rule 2) 201.15 Appearance in person or by repre

sentative. 201.16 Authority for representation. 201.17 Written appearance. 201.18 Practice before the Administration

defined. 201.19

Presiding oficers. 201.20 Attorneys at law. 201.21 Persons not attorneys at law. 201.22 Firms and corporations. 201.23 Hearings. 201.24 Suspension or disbarment. 201.25 Statement of Interest. 201.26 Former employees.

Subpart C-Parties (Rule 3) 201.30 Parties; how designated. 201.31 Public counsel. 201.32 Substitution of partios. Subpart D_Form, Execution and Service of

Documents (Rule 4) 201.41 Form and appearance of documents

filed with the Administration. 201.42 Subscription, authentication or

documents.

Subpart G-Formal Proceedings, Notice,

Pleadings, Replies (Rule 7) 201.71 Commencement of proceedings. 201.72 Notice. 201.78 Joinder of proceedings. 201.74 Declaratory orders. 201.75 Petitions-general. 201.76 Applications for Government ald. 201.77 Amendments or supplements to

pleadings. 201.78 Petition for leave to intervene. 201.79 Motions. 201.80 Answers to applications, petitions,

or motions. Subpart H- Responsibilities and Duties of

Presiding Officer (Rule 8) 201.85 Commencement of functions of Or

fice of Hearing Examiners. 201 86 Presiding officer. 201.87 Authority of presiding officer. 201.88 Postponement or change of place by

presiding officer. 201.89

Disqualification of presiding oficer. Subpart |--Summary Disposition (Rule 9) Sec. 201.91 Filing of motions, answers. 201.92 Ruling on motion. 201.93 Review of ruling, appeal. Subpart 1-Prehearing Conference; Settlements;

[ocr errors]

Procedural Agreements (Rule 10) 201.101 Prehearing conference. 201.102 Prehearing rulings. 201.103 Opportunity for agreement of

parties and settlement of case. Subpart K-Discovery and Depositions

(Rule 11) 201.109 Discovery and production of docu

ments. 201.110 Depositions: request for orders to

take; time of Aling. 201.111 Contents of order. 201.112 Record of examination; oath; ob

Jections. 201.113 Submission to witness, changes,

signing. 201.114 Certification and sling by officer;

copies. 201.115 Walver of objections and admissi

bility. 201.116

Time of Aling. 201.117 Inclusion in record. 201.118 Witness fees; expenses of taking

depositions.

Subpart 1 Subpoenas (Rule 12) 201.121 Application for subpoena ad testi

ficandum. 201.122 Application for subpoena duces

tecum. 201.123 Standards for issuance of subpoena

duces tecum. 201.124 Service and quashing of subpoenas. 201.125 Attendance and mileage fees. 201.126 Service of subpoenas. 201.127 Subpoena of Administration em

ployees, documents, or things. Subpart M-Hearing Procedures (Rule 13) 201.131 Presentation of evidence. 201.132 Conduct of the hearing. 201.133 Appeal from ruling of presiding

officer. 201.134 Separation of functions.

Subpart N-Evidence (Rule 14) 201.136 Evidence admissible. 201.137 Rights of parties as to presentation

of evidence. 201.138 Unsponsored written material. 201.139 Documents containing matter both

material and not material. 201.140 Records in other proceedings. 201.141 Stipulations. 201.142 Further evidence required by pre

siding officer during hearing. 201.143 Exceptions to rulings of presiding

officer unnecessary. 201.144 Offer of proof. Subpart 0—The Record: Contents; Development;

Perfection; Confidential Treatment (Rule 15) 201.146 Receipt of documents after hearing. 201.147 Official transcript.

Sec.
201.148 Corrections of transcript.
201.149 Copies of data or evidence.
201.150 Record for decision.
201.161 Objections to public disclosure of

information.
Subpart P-Briefs; Requests for Findings,

Decisions, Exceptions (Rule 16) 201.155 Briefs; requests for findings. 201.156 Requests for extension of time for

filling briefs. 201.157 Reopening of a case by presiding

officer prior to decision. 201.158 Decisions; authority to make and

kinds. 201.159 Decisions; contents and service. 201.160 Decision based on official notice. 201.161 Exceptions to, and review by the

Administration of initial or rec.

ommended decisions. 201.162 Replies to exceptions. 201.163 Request for extension of time for

filing
exceptions

and

replies thereto. 201.164 Certification of record by presid.

ing officer.
Subpart Q-Oral Argument; Submittal for

Final Decision (Rule 17) 201.166 Oral argument. 201.167 Submission to Administration for

final decision. Subpart R-Stay of Administration's Decision;

Reopening of Proceedings (Rule 18) 201.171 Stay of Administration's decision. 201.172 Time for filing petition to reopen. 201.173 Reopening by Administration and

modification or setting aside of

decision. 201.174 Petition for reopening. 201.175 Answers to petition to reopen. Subpart S-Judicial Standards of Practice

(Rule 19) 201.181 General matters. 201.182 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,

Rulings, Decisions 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 1961, 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 oi 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. 8 201.3

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, deposltions, 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 Ofice 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 certifi.

cation 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.

« AnteriorContinuar »