(7) Real property and equipment records such as costs, depreciation, sales, etc., on land, buildings, equipment, and vessels; (8) Property records such as titles, deeds, and leases; (9) Vessel inventories taken at termination of the last voyage of each vessel at end of each recapture period. (c) The following records shall be retained for six (6) years after final audit and approval of annual accountings by the Administration: (1) Ship construction or reconversion records such as bids, plans, progress payments, and construction-differential subsidy data; documents and (2) Canceled checks; (3) Miscellaneous work papers such as correspondence, operating and construction-differential subsidy rate data, subsidy adjustments pursuant to 46 CFR Part 276 (General Order 50), exemptions under section 803 of the Merchant Marine Act, 1936, and approvals pursuant to Article II-10 (c) of operating-differential subsidy contracts when no longer effective; (4) Any document generated under the provisions of the Shipping Act, 1916. (d) The following records shall be retained for two (2) years after final audit and approval of annual accountings by the Administration: (1) Voyage account items such as manifests, bills of lading, disbursement vouchers, master's accounts, ship's payrolls, and vessel inventories other than those listed in paragraphs (a) and (b) of this section; and (2) Underlying traffic records pertaining to tariffs, dray tickets, pooling agreements, and passenger reports. (e) Reports prepared by Federal, State, local or foreign governments pertaining to any documents referred to in this § 380.24, shall be retained for the same period as prescribed herein for the retention of the documents to which they apply. (f) If identical copies of the same document serve more than one purpose, only the original copy is required to be retained. NOTE: The record-keeping and reporting requirements contained herein have been approved by the Bureau of the Budget in accordance with the Federal Reports Act of 1942. Subpart D-Public Access to Information and Records AUTHORITY: The provisions of this Subpart D issued under sec. 204, 49 Stat. 1987, as amended; 46 U.S.C. 1114; Public Law 9023, U.S.C. 552, 81 Stat. 54; Department of Commerce Order 64, 32 F.R. 9734, July 4, 1967. SOURCE: The provisions of this Subpart D contained in General Order 99, 32 F.R. 12845, Sept. 8, 1967, unless otherwise noted. § 380.30 General provisions. (a) Purpose. The purpose of this subpart is to achieve full compliance with the Administrative Procedure Act (5 U.S.C. 551-559), including 5 U.S.C. 552, as amended by Public Law 90-23 (81 Stat. 54) effective July 4, 1967, through adherence to Department of Commerce Order 64, 32 F.R. 9734, July 4, 1967. (b) Policy. The Maritime Administration policy concerning its information and records reflects the general philosophy of the Department of Commerce that there be the fullest responsible disclosure. (c) Definitions. (1) To the extent that terms used in this subpart are defined in 5 U.S.C. 551, they shall have the same definition herein. (2) The term "Maritime Administration" shall include the Maritime Subsidy Board and National Shipping Authority. (d) Scope. The provisions of this subpart apply to: (1) The requirements set forth in 5 U.S.C. 552, namely, (i) matters to be published in the FEDERAL REGISTER, (ii) matters to be made available for copying and inspection by the public (or published and offered for sale), and (iii) the production of identifiable records requested by the public; (2) implementing rules and regulations relative thereto; and (3) other related matters concerning official information and records. (e) Limitations. The provisions of this subpart do not apply to the regular public information services described in Appendix A to Department of Commerce Order 117-B (32 F.R. 12864). § 380.31 ister. Publication in the Federal Reg (a) Policy. The Maritime Administration has heretofore achieved compliance with the requirements of 5 U.S.C. 552(a) (1) either through publication in the FEDERAL REGISTER or by actual notice to the relatively few persons concerned therewith or affected thereby. Hereafter the Maritime Administration will emphasize maximum use of publication in the FEDERAL REGISTER and continue the practice of giving additional actual notice only in those cases where such is deemed to be of particular assistance or convenience to the public. (b) Materials published and to be published. (1) The Maritime Administration shall separately state and currently publish the following materials in the FEDERAL REGISTER for the guidance of the public: (i) Descriptions of its central and field organization and the established places at which, the employees from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain decisions. (ii) Statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of all formal and informal procedures available. (iii) Rules of procedure, descriptions of forms available, or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations. (iv) Substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted. (v) Each amendment, revision, or repeal of the foregoing. (2) With respect to Maritime Administration publications concerning the materials noted in subparagraph (1)(i) of this paragraph, (i) the central and field organization and methods whereby the public may obtain information appear in Department of Commerce Order 117-B and Appendix A thereto (32 F.R. 12864), and (ii) special instructions for securing information, making submittals or requests and obtaining decisions relative to specific programs appear in the FEDERAL REGISTER and in the parts of the Code of Federal Regulations recited in subparagraph (3) of this paragraph. (3) The Maritime Administration regulations with respect to subparagraph (1) (ii), (iii), and (iv) of this paragraph appear in the FEDERAL REGISTER under the following titles and chapters of the Code of Federal Regulations: (i) Title 46, Chapter II-Maritime Administration; (ii) Title 32A, Chapter XVIII-National Shipping Authority, Maritime Administration, Department of Commerce; and (iii) Title 32A, Chapter XIX-Office of the Maritime Administrator. (4) For the convenience of the public, the requirements of subparagraph (1) (iii) of this paragraph concerning Maritime Administration forms used by the public are assembled and restated in the index which follows: U.S. DEPARTMENT OF COMMERCE-Continued PUBLIC USE FORMS-Continued Form No. MA-147.. MA-150.. MA-151. MA-159.. MA-163. MA-172.. MA-182.. MA-183.. MA-183A.. MA-185.. MA-187. MA-218.. MA-244.. MA-250.. MA-251. MA-252. MA-258. MA-269. MA-282. MA-284. MA-295. MA-327. MA-347. MA-397 MA-423. MA-435.. MA-447. MA-451... MA-510.. MA-511... MA-570. Title Report on Builder's Risk Insurance Claims. ABC/Radiac Drill Report (Defense Drill at Sea). Contractors Statement for Purpose of Transacting Business (Master LUMPSUMREP Contracts). Ship Repair Summary.. Application for Ship Mortgage and or Loan Insurance. Annual Report of Maritime Carriers Reporting Jointly to ICC, Maritime Administration and the Federal Mar time Commission. Application for Exchange of Ships (Trading of War-Buit Ships). Applications for War Risk Hull Insurance. Certificate of Ownership and Control by U.S. Citizen-Applicant for War Risk Insurance. Application for War Risk Protection and Indemnity Insurance. Application for Second Seamen's War Risk Insurance. Application Under Title V of the Merchant Marine Act, 1936, as amended, for Construction-Differential Subsidy. Appointment of Resident Agent.... Shipbuilder's Report of Profit.... Contractor's Report of Profit on Application for War Risk Builder's Analysis of Operating Expense for a Application for Admission to Practice before the Maritime Administration and the Maritime Subsidy Board (Nonattorneys). Foreign Flag Vessels Repaired in U.S. Ports. Industrial Facility Re-Survey Report (Information for Wartime Planning). Nomination for United States Merchant Marine Academy. Debit/Credit Advice.. Transmittal and/or Approval of Bonds. Foreign Manning Summary.. Regulation (General Order 30) 46 CFR Part 285. (General Order 30) 46 CFR Part 285. (NSA Order 46) 32A CFR XVIII, SRM-5. (General Order 29) 46 CFR Part 298. (General Order 22) 46 CFR Part 281. (General Order 92) 46 CFR Part 375. (General Order 75) 46 CFR Part 308. .do. do. ..do. (General Order 11) 46 CFR Part 251. Statement of Policy (46 CFR Part 221). (General Order 30) 46 CFR Part 285. do.. do. .do. (General Order 75) 46 CFR Part 308. .do.. Comptroller's Manual (NSA Order 1) 32A (General Order 20) 46 CFR Part 272. (General Order 97) (General Order 30) 46 CFR Part 285. Operating-Differential Subsidy Manual. Vessel Data-Vessels Over 1,500 (General Order 82) 46 Gross Tons. Vessel Data Vessels Under 1,500 Gross Tons. Master's Certificate and Requisition for Report of Medical Attention. See footnotes at end of table. CFR Part 309. .....do... Comptroller's Manual, NSA Instruction No. 7. Obtainable source 1 Office of the Comptroller. Coast Directors. Do. Do. Office of Government Aid; Superintendent of Documents, American War Risk Agency, 99 John St., New York, N. Y. Do. Do. Do. Office of Government Aid. Office of Ship Operations. Coast Directors. Do. Do. Office of the Comptroller. Office of the Comptroller; Coast Directors. Office of the Comptroller. Office of the Comptroller; Secretary of Maritime Office of Property and Supply: Office of Maritime Manpower. Office of the Comptroller; Coast Directors. Do. Coast Directors. Office of the Comptroller or American War Risk Agency, 99 John St., New York, N. Y. Do. Office of the Comptroller; Coast Directors. 86-102-68- -32 Form No. MA-578.. MA-578A. MA-579.. MA-580. MA-595. MA-807-2 MA-4557. MA-4559 MA-4560A. MA-4562 MA-4563. MA-7803. MA-7804. KP 2-65. U.S. DEPARTMENT OF COMMERCE-Continued Title Vessel Utilization and Performance Supplemental Unitized Cargo Con- Supplemental Application for Approval as Trustee Declaration of Officer of Incorpo- Declaration of Vendee, Transferee, Regulation (General Order 39) 46 (General Order 107) do...... (General Order 9) 46 do. (General Order 61) 46 do. do do do. Declaration of Officer of Incorpo- Declaration of Trustee/Mortgagee. Vessel Utilization and Performance for Shipping on a Voyage Basis). Affidavit of U.S. Citizenship of do. (General Order 39) 46 (General Order 97) 46 (NSA Order 3) 32A Obtainable source 1 District Director of Customs at U.S. Ports. Do. Secretary of Maritime Administration and Maritime Subsidy Board. Do. Office of Ship Construction. Do. District Directors; U.S. Coast Do. Do. Do. Do. Do. Do. Do. Do. Office of Government Aid. District Director of Customs U.S. Merchant Marine Coast Directors. Office of the General Counsel. Where an Office, the Coast Directors or the U.S. Merchant Marine Academy are shown in the column “Obtain able Source," the addresses thereof are as follows: 1. Office of the Maritime Administration: Office of (insert name), Maritime Administration, 441 G Street NW., Washington, D.C. 20235. 2. Coast Directors: (a) Atlantic Coast Director, Maritime Administration, 45 Broadway, New York, N. Y. 10006. (b) Gulf Coast Director, Maritime Administration, Post Office Box 52948, 701 Loyola Avenue, New Orleans, La. 70150. (c) Pacific Coast Director, Maritime Administration, 450 Golden Gate Avenue, Box 36073, San Francisco, Calif. 94102. 3. U.S. Merchant Marine Academy: Information Officer, U.S. Merchant Marine Academy, Kings Point, N. Y. 11024. (c) Incorporation by reference. For purposes of this part, matter which is reasonably available to the class of persons affected thereby shall be deemed published in the FEDERAL REGISTER when incorporated by reference therein with the approval of the Director of the Federal Register. (d) Exemptions to required publication. Material covered by this § 380.31 which fall within one or more of the exemptions contained in 5 U.S.C. 552(b) need not be published in the FEDERAL REGISTER except where it is determined as a matter of policy that in some respect such publication may be made. (e) Inspection and copying. Although not required by the terms of 5 U.S.C. 552(a) (1), matters covered by this § 380.31 which are published in the FEDERAL REGISTER, or incorporated by reference therein, shall be available for inspection and copying by the public to the maximum extent practicable and according to the provisions of § 380.32. § 380.32 Opinions, orders, and other materials available for inspection and copying. (a) General. (1) The Maritime Administration shall, in accordance with the terms of 5 U.S.C. 552(a) (2), make available for public inspection and copying the following materials having precedential significance: (i) Final opinions (including concurring and dissenting opinions) and all orders made in the adjudication of cases. (ii) Those statements of policy and interpretations which have been adopted and are not published in the FEDERAL REGISTER. (iii) Administrative staff manuals and instructions to staff that affect a member of the public. (iv) Currently maintained indices providing identifying information as to the foregoing materials which are issued, adopted, or promulgated after July 4, 1967, whether or not such materials are published and offered for sale. (2) To the extent practicable and deemed useful to the public, the following also will be made available although not required by the law: (i) Publications in the FEDERAL REGISTER required under 5 U.S.C. 552(a) (1). (ii) Materials embraced within U.S.C. 552(a) (2) which are published and offered for sale. 5 (iii) Indices for materials issued, adopted, or promulgated prior to July 4, 1967. (3) The Maritime Administration will continue the practice of giving actual notice of the foregoing materials in those cases where such is deemed to be of particular assistance or convenience to the public, but such practice will be in addition to and not in lieu of publication and indexing. (b) Deletion of identifying details. To prevent unwarranted invasion of personal privacy, the Maritime Administration may delete identifying details when it makes available or publishes an opinion, statement of policy, interpretation, or staff manual or instruction, and shall, in each such case, explain in writing the justification for the deletion. (c) Final opinions and orders. (1) Final opinions (including concurring and dissenting opinions) and orders of the Maritime Administration, and indices thereto, shall be available for public inspection, copying, and purchase at the place and according to the terms set forth in subparagraph (3) of this paragraph. (2) Final opinions and orders of the Secretary of Commerce on review of decisions or actions of the Maritime Subsidy Board, pursuant to Department of Commerce Order 117-A and the procedures contained in Part 202 of this chapter, and indices thereto, shall be available for public inspection, copying, and purchase at the place and according to the terms set forth in subparagraph (3) of this paragraph. (3) (i) The foregoing final opinions and orders are available for inspection and copying from the Secretary of the Maritime Administration and Maritime Subsidy Board, General Accounting Office Building, Room 3041, 441 G Street NW., Washington, D.C. 20235, daily except Saturdays, Sundays, and holidays between 8:30 a.m. and 5 p.m. (ii) Individual copies of the final opinions and orders of the Maritime Administration may be purchased according to the terms of $201.186 of this chapter. (iii) Individual copies of the final opinions and orders of the Secretary of Commerce may be purchased according to the terms of § 380.35. (d) Statements of policy and interpretations; administrative staff manuals and instructions to staff. Statements of policy and interpretations of less than general applicability not published in the FEDERAL REGISTER, administrative staff manuals and instructions to staff which affect any member of the public, which are not published and offered for sale, and indices to such materials, shall be available for public inspection and copying at the Office of Public Information, Maritime Administration, General Accounting Office Building, Room 3037, 441 G Street NW., Washington, D.C. 20235, between 8:30 a.m. and 5 p.m. daily except Saturdays, Sundays, and holidays. (e) Terms and conditions. Materials made available to the public under this |