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panied by a specific citation identifying the document and indicating the relevant page number of the document concerned.
(d) Papers filed with the Under Secretary should be logically arranged, with proper headings, concise, and free from irrelevant and unduly repetitious matter.
(e) It will not be necessary to reproduce the opinion of the Board. $ 202.4 Petitions and requests for re
view-content. Petitions and requests for review shall contain in the order here indicated
(a) A reference to the decision, report, order or action of the Board;
(b) A concise statement of the interest of the party submitting the paper;
(c) A concise summary statement of the case containing that which is material to the consideration of the questions presented;
(d) A listing of each of the grounds upon which the party seeking review relies, expressed in the terms and circumstances of the case, each ground set forth in a separate, numbered paragraph;
(e) The argument, generally amplifying the material in paragraph (d) of this section and exhibiting clearly the points of law, policy and fact being presented, citing the authorities, statutes and other material relied upon. The argument should separately identify and treat each of the grounds upon which review is sought. In cases where reversible legal error is contended, a full legal argument on the points concerned should be presented. In cases where policy error is contended, it should be pointed out what policy of the Board is alleged to be wrong, what is wrong with it and what policy the submitting party advocates as the correct one. In cases where reversible factual error is contended, the findings of fact alleged to be erroneous should be pointed out along with citations to the record where appropriate. The party should further indicate precisely what it contends to be the correct findings of fact, with supporting references;
(f) A conclusion, specifying with particularity the action which the submitting party believes the Under Secretary should take. $ 202.5 Replies and requests that review
not be exercised-content. Replies and requests that review not be exercised shall contain in the order here indicated
(a) A reference to the decision, report, order, or action of the Board;
(b) A concise statement of the interests of the party submitting the paper;
(c) Where deemed necessary by the submitting party, a concise summary statement of the case explicitly pointing out any inaccuracy or omission in the statement of the other side, with references to the record where appropriate;
(d) A listing of the reasons why review should not be exercised, each reason set forth in a separate, numbered paragraph;
(e) The argument generally amplifying the material in paragraph (d) of this section and, in addition, specifically replying to the points of law, policy and fact presented by the other side (each stated separately) citing the authorities, statutes, and other material relied upon by the submitting party;
(f) A conclusion, specifying with particularity the action which the submitting party believes the Under Secretary should take. § 202.6 Grant or denial of review.
(a) A petition or request for review by the Under Secretary of any decision, report, order or action of the Board will not be granted unless significant and important questions of over-all policy requiring the Secretary's attention are involved or there appears to be significant legal, policy, or factual error in the Board's action.
(b) The parties and the Secretary of the Board will be notified, by Order, of the Under Secretary's decision to review a case on his own motion, and of his decision to review or to deny review of a case where a petition or request concerning review has been filed.
(c) Promptly upon notice of a decision by the Under Secretary to review a case subject to review under section 6.01 of Department Order 117-A, the Secretary of the Board shall certify to the Under Secretary the complete record of the proceeding before the Board and shall serve upon all parties a copy of such certification which shall adequately identify the matter so certified. The Secretary of the Board shall further serve upon all parties a copy of any further communication from the Board or Maritime Administration on such a case. § 202.7 Supplemental briefs.
If an order taking review is entered by the Under Secretary, further briefs shall be placed in the correspondence file of the case, which is available for public inspection. If an oral communication subject to the above stated rule is received, a memorandum setting forth the substance of the conversation shall be made and placed in the correspondence file.
supplementing the arguments set forth in the petitions and replies may be requested in cases where the Under Secretary deems such to be appropriate and desirable. $ 202.8
Oral argument. Generally, oral argument will not be necessary. However, the Under Secretary reserves the right to schedule such when he deems it desirable. $ 202.9 Decisions by the Under Secre
tary of Commerce for Transportation. Decisions of the Under Secretary will be reached in accordance with applicable law and the evidence. Upon the determination of a case taken under review by the Under Secretary, a written decision and opinion which states the Under Secretary's conclusions and an explanation thereof will be issued. § 202.10 Petitions for reconsideration,
Petitions for reconsideration of decisions by the Under Secretary in any case taken under review will be considered, upon a showing of good cause, if filed within ten (10) days of service of the Under Secretary's decision. § 202.11 Ex parte communications.
Oral or written communications with the Department concerning a matter subject to Secretarial review under section 6.01 of Department Order 117-A, unless otherwise provided by law or by order, rule, or regulation of the Department, shall be deemed ex parte communications and shall not be part of the record and shall not be considered in making any recommendation, decision or action; Provided, however, That this rule shall not apply to customary informal communications with Department counsel, including discussions directed toward the development of a stipulation or settlement between parties; communications of a nature deemed proper in proceedings in U.S. Federal courts; and communications with Department counsel which merely inquire as to procedures or the status of a proceeding without discu ing issues or expressing points of view. Any written communication subject to the above stated rule received by the Department
PART 205-AUDIT APPEALS; POLICY
AND PROCEDURE CONTRACTS WITHOUT DISPUTES ARTICLE Sec. 205.1 Purpose. 205.2 Policy. 205.3 Procedure. 205.4 Finality of decisions.
CONTRACTS WITH DISPUTES ARTICLE 205.5 Contracts containing disputes article.
AUTHORITY: The provisions of this part 205 issued under sec. 204, 49 Stat. 1987, 1998, 2004, 2011; 46 U.S.C. 1114, 1155, 1176, 1212.
SOURCE: The provisions of this Part 205 contained in General Order 78, Rev., 30 F.R. 11680, Sept. 11, 1965, unless otherwise noted. CONTRACTS WITHOUT DISPUTES ARTICLE § 205.1 Purpose.
The purpose of this part is to establish the policy and procedure for seeking redress and for appeals by parties to any contracts entered into by the Maritime Subsidy Board or the Maritime Administration under its authorities, from the findings, interpretations, or decisions reflected in annual or special audits made by the Maritime Administration pursuant to the provisions of such contracts. 8 205.2 Policy.
Any contractor who disagrees with the findings, interpretations, or decisions in connection with audit reports of the Maritime Administration and who fails to settle said differences by negotiation with the appropriate Coast Director's office, may submit an appeal from such findings, interpretations, or decisions in accordance with $ 205.3. $ 205.3 Procedure.
(a) Appeals shall be made in writing to the Maritime Administrator within 6 months following the date of the document notifying the contractor of the audit findings, interpretations, or decisions of the appropriate Coast Director's office. However, the Maritime Administrator may, at his discretion, extend this limitation in the case of extenuating circumstances.
(b) The appellant will be notified, in writing, if a hearing is to be held or if additional facts are to be submitted for consideration in connection with the appeal.
(c) After a decision has been rendered by the Maritime Administrator, the appellant will be notified accordingly, in writing. 8 205.4 Finality of decisions.
A decision of the Maritime Administrator shall be final on all questions of fact involved in the appeal, unless determined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary, so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence.
CONTRACTS WITH DISPUTES ARTICLE $ 205.5 Contracts containing disputes
article. Where the contract contains a disputes article the contractor may dispute audit findings, interpretations, or decisions made by the Maritime Administration pursuant to the provisions of said contract and the decision on such dispute and any appeal therefrom shall be governed by the terms of the disputes article of the contract.
Subpart A-Charges for Statistical
or Economic Data AUTHORITY: The provisions of this Subpart A issued under secs. 3, 204, 49 Stat. 293, as amended, 1987, as amended; 15 U.S.C. 192, 46 U.S.C. 1114. Interpret or apply sec. 1, 40 Stat. 1256, as amended, sec. 1, 49 Stat. 292; 15 U.S.C. 192, 189a.
SOURCE: The provisions of this Subpart A contained in General Order 85, 23 F.R. 2640, Apr. 22, 1958, as amended by Amdt. 1, 27 F.R. 12189, Dec. 8, 1962, unless otherwise noted. § 206.1 Purpose.
To set forth the charges to be made for statistical or economic data, furnished to individuals or groups by the Maritime Subsidy Board/Maritime Administration, which convey a special benefit to them, above and beyond that accruing to the public at large; and to describe the policy and procedure applicable thereto. 8 206.2 Data required in the public
interest. The basic statistical data required by the Martime Subsidy Board in considering applications for operating-differential subsidy under Title VI, Merchant Marine ct, 1936, as amended, include:
(a) For each year of a given 5-year period, the outbound and inbound liner and non-liner cargo, broken down into commercial and military, carried by applicant on each service for which subsidy is sought;
(b) For each year of a given 5-year period, outbound and inbound liner and non-liner cargo, broken down between commercial and military, showing United States-flag and foreign-flag carryings for areas and countries covered by each service for which subsidy is requested;
(c) For a single year, usually the last complete year before the hearing, typical outbound and inbound itineraries and vessel types employed by each United States-flag and foreign-flag line serving countries on the service for which subsidy is sought; and
(d) For each year of a given 5-year period, number of sailings per annum by each United States-flag line and by all foreign-flag lines serving countries on the service for which subsidy is sought.
PART 206—MISCELLANEOUS FEES Subpart A-Charges for Statistical or Economic
Data Sec. 206.1 Purpose. 208.2 Data required in the public interest. 206.3 Data providing special benefit. 206.4 Charges. 206.5 Procedure. Subpart B Charges for Copies of Regulations 206.10 Mailing list. 206.11 Individual copies of orders. Subpart CApplications for Sale of
Subsidized Vessel 206.20 Charges for processing applications.
The above data will be considered as fees will be kept as close to the actual being required in the public interest and cost as possible. will be furnished free of charge to ap- (d) Cost estimates of more than $500 plicants for operating-differential sub- shall be subject to revision as the work sidy and to other parties directly con- progresses, to reflect actual costs. If the cerned.
advance payment is insufficient to cover $ 206.3 Data providing special benefit.
the actual cost, the applicant will be
required to make such additional payAny additional statistical or economic
ment as may be required before the projdata furnished to applicants or inter- ect is completed. Conversely, if the vening lines (except in cases where the advance payment is more than the actual additional information is required by the cost, the difference will be refunded to Maritime Subsidy Board) will be con- the applicant. sidered as providing a special benefit to the recipient, above and beyond that ac- Subpart B--Charges for Copies of cruing to the public at large, and a charge
Regulations will be made for such data, as indicated
AUTHORITY: The provisions of this Subin § 206.4.
part B issued under sec. 1, 49 Stat. 292, sec. 1, $ 206.4 Charges.
49 Stat. 1335, sec, 204, 49 Stat. 1987, sec. 501,
65 Stat. 290, 56 Stat, 1067; 15 U.S.C. 189a, 189, (a) To recover the cost to the Federal 46 U.S.C. 1114, 5 U.S.C. 140, 606. Government of statistical or economic
SOURCE: The provisions of this Subpart B data furnished within the purview of contained in G.O. 91, 27 F.R. 1169, Feb. 8. § 206.3, including the direct and indirect 1962. Redesignated at 29 F.R. 1471, Jan. 29, costs thereof, the Maritime Administra- 1964. tion will make a charge of:
$ 206.10 Mailing list. $6.00 per hour for regular time, and $9.00 per hour for overtime,
Persons may be placed on the mailing
list to receive copies of the General Orfor each employee's time required to pro- ders issued by the Maritime Adminisduce the information.
tration and/or the Maritime Subsidy (b) Although the rates set forth in Board, and National Shipping Authority paragraph (a) of this section apply spe- orders (32A CFR Ch. XVIII), upon recifically to data for use in connection quest, written or oral, to the Secretary, with applications for operating-differ- Maritime Administration, Washington, ential subsidy, the same hourly rates will D.C., 20235. The charge for this service be charged for other types of statistical is $10.00 per calendar year. or economic data requested, which are
$ 206.11 Individual copies of orders. determined by the Maritime Administration to provide a special benefit to the Single copies of the orders referred to recipient.
in $ 206.310 may be obtained, upon re
quest, written or oral, to the Secretary, $ 206.5 Procedure.
Maritime Administration, Washington, (a) Applicants desiring statistical or D.C., 20235, at a cost of 25 cents each. economic data should submit a formal written request therefor to the Maritime
Subpart C--Applications for Sale of Administrator. If the data requested
Subsidized Vessel are determined by the Maritime Subsidy
$ 206.20 Charges for processing appliBoard/Maritime Administration to pro
cations. vide a special benefit to the recipient, the project will be undertaken, at the dis- (a) Applications by owners for the sale cretion of the Maritime Administrator
of subsidized vessels to a private party or his designee, on the basis of the nature where appraisal is made for the Mariand scope of the work, its estimated cost,
time Administration by an independent availability of personnel and other sery
vessel appraiser shall be filed with the ices, and other pertinent information. Secretary, Maritime Subsidy Board, (b) Upon approval of the project, the
Washington, D.C., 20235. applicant will be requested to make pay- (b) Fee. Each such application shall ment in advance in the amount of the be accompanied by the sum of $400, estimated cost of the work, based on the
which sum will be retained to recover charges set forth in 8 206.4.
the cost of processing the application, (c) Cost estimates of $500 or less will (Sec. 4, 5 U.S.C. 1003) (G.O. 105, 31 F.R. be established as fixed fees. Such fixed 3397, Mar. 4, 1966)
SUBCHAPTER B-REGULATIONS AFFECTING MARITIME CARRIERS
AND RELATED ACTIVITIES
TRANSFER OR CHARTER OF VES
SELS Sec. 221.4 Approval of certain transactions cov
ered by sec. 37, Shipping Act, 1916,
as amended. 221.5 Types of vessels approved by $ 221.4. 221.6 Exceptions to approvals granted by
$ $ 221.4 and 221.5. 221.7 Approval of charters of certain ves.
sels to aliens. 221.11 Citizenship declarations by owners
or mortgagees of vessels of the United States as required by section 40 of the Shipping Act, 1916,
as amended. 221.12 Instances in which Subsection O (a)
does not apply. 221.13 Uniform Bareboat Charter of a Goy
ernment-owned dry-cargo vessel under section 705 of the Merchant Marine Act, 1936, as amended,
"Form No. 705". 221.14 Charges for processing applications
for the approval required by sections 9 and 37, Shipping Act, 1916, as amended, or by Maritime Administration contracts covering foreign-flag vessels under the concontractual control of the Mari
time Administration. 221.15 Fee for processing applications for
approval of surrender of marine documents of vessels under sec. 30, subsection O(a), Merchant Marine
Act, 1920, as amended. 221.16 Fee for processing applications to
transfer vessels, subject to mortgage outstanding in favor of the
United States of America. APPROVAL OF TRUSTEES UNDER PUBLIC LAW
89-346 221.21 Purpose. 221.22 Definitions. 221.23 Applications. 221.24 Agreements of applicants. 221.25 Approval of applicants. 22126 Roster of approved trustees. 221.27 Disapproval of trustees. 221.28 Removal without disapproval. 221.29 Publication of notices. 221.30 Forms. Appendix—Statement of policy.
AUTHORITY: The provisions of this Part 221 issued under sec. 19, 41 Stat. 995, sec. 9, 39 Stat. 730, sec. 30, 41 Stat. 1004, 46 U.S.C. 876, 1114, 808, 835, 961, Reorganization Plan No. 7 of 1961 (26 F.R. 7315), unless otherwise noted.
$ 221.4 Approval of certain transactions
covered by sec. 37, Shipping Act,
1916, as amended. Subject to the exceptions stated in $ 221.6, the Department of Commerce, Maritime Administration, hereby grants the approval required by section 37 of the Shipping Act, 1916, as amended (40 Stat. 901; 46 U.S.C. 835), to the following transactions:
(a) The sale, mortgage, lease, charter, delivery, or transfer and agreement for the sale, mortgage, lease, charter, delivery or transfer to any person not a citizen of the United States of vessels as defined in § 221.5, or of any interest therein, owned in whole or in part by any person a citizen of the United States, or by a cor oration organized under the laws of the United States, or of any State, Territory, District, or Possession thereof, and which are not documented under the laws of the United States, or the last documentation of which was not under the laws of the United States;
(b) The transfer to, or placing under, any foreign registry or flag of any such vessel;
(c) The entrance into any contract, agreement, or understanding to construct such vessel within the United States for, or to be delivered to, a person not a citizen of the United States;
(d) The making of agreements or the effecting of understandings whereby there is vested in or for the benefit of any person not a citizen of the United States, the controlling interest or the majority of the voting power in a corporation which is organized under the laws of the United States or any State, Territory, District, or Possession thereof, and which owns such a vessel and which transaction is not otherwise subject to the provisions of section 37 of the Shipping Act, 1916, as amended; and
(e) The departure from any port of the United States of any vessel which was constructed in whole or in part within the United States, has not been documented under the laws of the United States, and has never cleared for any foreign port. (G.O. 58, 4th Rev., 28 F.R. 11823, Nov. 6, 1963)