after audit and approval by the Administration of a final accounting for the last year of a recapture period and settlement of such recapture period:

(1) Debt records such as mortgages and loan agreements;

(2) Investment records such as stocks, bonds, and property;

(3) Freight and passenger conference records;

(4) Tax records-Federal, State, local and foreign governments, such as income, property, franchise, and payroll;

(5) Vessel operating records such as log books, surveys, position reports, and vessel itineraries;

(6) Financial records such as subsidy accrual computations, voucher billings and payments, statutory reserve fund statements, and audit appeals and rulings;

(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;

(2) Canceled checks;

(3) Miscellaneous documents and 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 Article approvals pursuant to 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, 5 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) imple

(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 MARITIME ADMINISTRATION-Continued PUBLIC USE FORMS-Continued

Form No.

MA-95_.

MA-96. MA-130..

MA-140A.

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..

Certificate of Ownership and Con-
trol 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-Dif-
ferential Subsidy.
Appointment of Resident Agent....
Shipbuilder's Report of Profit.

Contractor's Report of Profit on
Direct Purchases by MA.
Sub-Contractor's Report of Profit...
Builder's Construction Cost, Prog-
ress, Value, and Payment Data.
Designation or Change of Benefi-
ciary for Second Seamen's War
Risk Insurance.

Application for War Risk Builder's
Risk Insurance.

Analysis of Operating Expense for a
Terminated Voyage.
Voyage Summary..

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..

See footnotes at end of table.

(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 5 U.S.C. 552(a) (2) which are published and offered for sale.

(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