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(c) Definition of "person". For the purpose of this section, the term person is defined as in section 905 (b) of the Merchant Marine Act, 1936.

(d) Additional information. The Federal Maritime Board and the Maritime Administrator reserve the rig require the filing of additional information in any given case. (Sec. 807, 49 Stat. 2014, as amended; 46 U. 8. C. 1225) (22 F. R. 1087, Feb. 22, 1957)

NOTE: The reporting requirements contained in this section have been approved by the Bureau of the Budget in accordance with the Federal Reports Act of 1942. 8 222.2 Forms of vessel utilization and

performance reports prescribed. Pursuant to authority of section 212 (A) of the Merchant Marine Act, 1936, as amended by Public Law 612, 84th Congress; 70 Stat. 332; 46 U.S.C. 1122a, the Secretary of Commerce has determined that it is necessary and desirable in order to carry out the purposes and provisions of the Merchant Marine Act, 1936, as amended (49 Stat. 1985, et seq.; 46 U.S.C. 1101, et seq.) to require an operator of a vessel in waterborne foreign commerce of the United States to file an accurate report on Form MA-578 with respect to passenger and dry cargo vessels and an accurate report on Forms MA-7803 and MA-7804 with respect to tankers; such Forms and Instructions for the preparation thereof are hereby prescribed and approved. An accurate report on Form MA-578, Vessel Utilization and Performance Report, shall be filed in duplicate with the appropriate district director of customs for transmittal to the Maritime Administration by the operator of every self-propelled dry cargo and passenger vessel of 1,000 or more gross registered tons before midnight of the 15th day after entry into the first U.S. port and before midnight within 15 working days (Saturdays, Sundays, and Holidays excluded) after clearing the last U.S. port. Operators desiring to submit combination reports for dry cargo and passenger vessels (inbound and outbound portions) after

clearing the final U.S. port may do so upon obtaining written permission from the Maritime Administration, Washington, D.C. 20235. Separate reports on Forms MA-7803 and MA-7804 for tankers shall be filed within 15 working days after entering or clearing. Forms MA578, MA-7803 and MA-7804 are required to be filed in duplicate for all voyages of merchant vessels operated by or for the account of the Department of Defense except vessels of the Military Sea Transportation Service (MSTS) nucleus fleet.

By agreement with the Bureau of Customs, District Directors will be responsible for policing receipts of dry cargo vessel inbound, outbound and combination inbound/outbound reports on Form MA-578 as well as tanker inbound and outbound reports on Forms MA-7803 and MA-7804.

The changes effected in this amendment being minor in nature, it is considered impracticable to delay the effective date thereof; therefore, the foregoing shall become effective as stated at the beginning of this document.

The reporting requirements herein have been approved by the Bureau of the Budget in accordance with the Federal Reports Act of 1942. (G.O. 39, 3rd Rev., Amdt. 2, 31 F.R. 11607, Sept. 2, 1966) & 222.3 Penalty.

Section 212 (A) of the Merchant Marine Act, 1936, as amended (Public Law 612, 84th Congress; 70 Stat. 332; 46 U.S.C. 1122a), provides:

SEC. 212(A). The operator of a vessel in waterborne foreign commerce of the United States shall file at such time and in such manner as the Secretary of Commerce may prescribe by regulations, such report, account, record, or memorandum relating to the utilization and performance of such vessel in commerce of the United States, as the Secretary may determine to be necessary or desirable in order to carry out the purposes and provisions of this Act, as amended. Such report, account, record or memorandum shall be signed and verified in accordance with regulations prescribed by the Secretary. An operator who does not Ale the report, account, record, or memorandum as required by this section and the regulations issued hereunder, shall be liable to the United States in a penalty of $50 for each day of such violation. The amount of any penalty imposed for any violation of this section upon the operator of any vessel shall constitute a llen upon the vessel involved in the violation, and such vessel may be Ilbeled therefor in the district court of the United

1 Copy each of the Form MA-578 (Rev. 8–66) and Instructions for its use were filed with the Office of the Federal Register; Forms MA-7803 and MA-7804 and Instructions were filed previously with said Office. These forms and instructions may be obtained from the Marine Section, District Director of Customs at United States ports.

the Maritime Administrator, he shall forward with it a copy of the report of the investigation, if any, a statement of all other facts which may have come to his knowledge, and his recommendation as to the final action to be taken. If the petition involves a matter which has been referred to the Department of Justice for the institution of court proceedings, the collector shall transmit the petition immediately upon receipt to the appropriate United States attorney and notify the petitioner of such action.

(c) The decision of the Maritime Ad. ministrator will be forwarded to the collector for delivery to the petitioner. (Sec. 212(A), 70 Stat. 332; 46 U.S.C. 1122a) (G.O. 39, 3d Rev., 27 F.R. 4883, May 24, 1962)

NOTE: The reporting requirements under this General Order have been approved by the Bureau of the Budget in accordance with the Federal Reports Act of 1942.

States for the district in which it may be found. The Secretary of Commerce may, in his discretion, remit or mitigate any penalty imposed under this section on such terms as he may deem proper. (Sec. 212(A), 70 Stat. 332; 46 U.S.C. 1122a) (G.O. 39, 3d Rev., 27 F.R. 4883, May 24, 1962) & 222.4 Notice of failure to comply

herewith and that petition for relief

may be filed. (a) Every offender under the regulations in this part shall be advised by the collector of customs of any penalty incurred by him and of his right to apply for relief under $ 222.5. If the offender fails to petition for relief or pay the penalty within 60 days from the date of mailing of the notice of violation as provided for herein, the case shall be referred immediately to the United States attorney for appropriate action, unless it appears that the person liable for the penalty is absent from the United States or during the said period was absent for more than 30 days, in which event the collector may withhold such action for a further reasonable time, or unless other action is expressly authorized by the Maritime Administrator. When a penalty is mitigated, and the mitigated penalty is not paid nor a supplemental petition filed within 60 days from the date a notice of the settlement is mailed to the petitioner, the matter shall be referred immediately to the United States attorney for appropriate attention, unless other action has been directed by the Maritime Administrator.

(b) No action looking to the remission or mitigation of a penalty shall be taken on any petition, irrespective of the amount involved, if the case has been referred to the Department of Justice for the institution of legal proceedings. (Sec. 212(A), 70 Stat. 332; 46 U.S.C. 1122a) (G.O. 39, 3d Rev., 27 FR. 4883, May 24, 1962) $ 222.5 Petition for relief.

(a) Any petition for relief from a penalty incurred under these regulations shall be addressed to the Maritime Administrator, signed by the petitioner, and Aled with the collector of customs of the district in which the penalty was imposed. It shall set forth the facts relied upon the petitioner to justify his request for relief.

(b) Upon receipt of a petition, the collector shall cause such investigation to be made as the facts in the case may warrant. In forwarding the petition to

PART 237-REPAIRS TO VESSELS

UNDER BAREBOAT CHARTER Sec. 237.1 Detailed repair specifications; pay

ment and audit. 2372 Repairs outside United States pro

hibited; exceptions. 237.8 Consumption entries.

AUTHORITY: The provisions of this part 237 issued under sec. 204, 49 Stat. 1987, as amended; 46 U.S.C. 1114.

SOURCE: The provisions of this part 237 contained in General Order 51, 7 F.R. 910, Feb. 10, 1942, unless otherwise noted. $ 237.1 Detailed repair specifications;

payment and audit. All required repairs and betterments (alterations and/or improvements) authorized for the owner's accounts shall be covered by specifications prepared by the charterer in suficient detail to describe fully all items of work to be performed and shall be paid for by the charterer and allowed for reimbursement to the charterer by the owner at rates not exceeding those which would have been paid had such work been accomplished under an existing master contract between the owner and the repair company, or in the absence of such a master contract at rates not in excess of those then being currently paid by the owner to the repair company or to other repair companies in the vicinity, and the charterer in ordering any such work otherwise than upon a basis of proper competitive bids shall cause full right of audit to be reserved to the owner.

8 237.2 Repairs outside United States power required shall be made at speed. prohibited; exceptions.

length ratio of 0.60 and corrected to No repairs, except as hereinafter pro

actual speed-length ratio by the cube vided, shall be performed outside of the

rule. Continental limits of the United States

(c) The maximum total continuous without specific authorization in each

horsepower available for propulsion instance of a representative of the Mari

(IHP, SHP, BHP) as determined from time Administration: Provided, however,

the register of the appropriate ClassificaThat such specific authorization shall not

tion Society, shall be used as a basis for be required in the case of repairs of an

determining the shaft horsepower availemergency nature required for the safety

able except that for all machinery of a of a vessel for its return to the United

steam reciprocating type, 0.90 mechan. States or such work as is required for

ical efficiency shall be used with the IHP. convoy operating purposes.

The effective horsepower available to

be used in conjunction with the speed § 237.3 Consumption entries.

calculations for single screw vessels shall All consumption entries involving re- be determined by multiplying the shaft pairs in foreign ports shall be filed and horsepower available by an appropriate handled to a conclusion with the United

factor based on vessels of 450' length. States Customs, including payment of all For all vessels constructed subsequent to unremitted duties, such payments to be January 1, 1925 this factor shall be 0.50. allowed for reimbursement to the char

For all vessels constructed prior to Janterer by the owner as an additional cost uary 1, 1925 this factor shall be 0.50 for of such foreign repairs.

vessels having 6,000 SHP or more, 0.47

for vessels having power less than 6,000 PART 246_FORMULAE FOR DETER

SHP but more than 3,000 SHP, and 0.44 MINING SEA SPEED OF VESSELS

for vessels having 3,000 SHP or less. The

above factors are to be corrected for Sec.

length with an increase or decrease of 246.1 Method of calculating sea speed of

0.1 per 150' of length that the vessel is vessels.

greater or less than 450'. (For new ves246.2 Other provisions. 246.3 Speed formula requiring the substan.

sels 0.4 at 300 feet and 0.6 at 600 feet, tlating data of $ 246.2(b).

etc.) 246.4 Modification of formulae.

(d) For twin screw vessels the fore

going factors for single screw vessels AUTHORITY: The provisions of this Part 246 issued under sec. 204, 49 Stat. 1987, as amend.

shall be reduced by 10 percent. ed; 46 U.S.C. 1114.

§ 246.2 Other provisions. SOURCE: The provisions of this Part 246

(a) At any time the Maritime Admincontained in General Order 43, 3d Revision,

istrator has the privilege to request a 24 F.R. 3793, May 12, 1959, unless otherwise noted.

trial in deep water, either on a standard

deep water measured mile or other course § 246.1

Method of calculating sea speed approved by the Maritime Administraof vessels.

tion. On this trial, the operator shall The speeds of vessels shall be basea determine, to the satisfaction of repreon the methods of calculation described sentatives of the Maritime Administraherein.

tion, the speed at which the vessel runs (a) The basis for calculation shall be when the engines are developing 80 perthe data relating to the vessel as certi- cent of their normal power and the vesfied in the register of the appropriate sel has a mean draft corresponding to its Classification Society. The American assigned freeboard. All expenses, etc., Bureau of Shipping record shall be used in connection with such a trial shall be except for vessels not having this borne by the Operator. classification.

(b) Notwithstanding the provisions (b) The charts and methods outlined herein, the Maritime Administrator will in "Speed and Power of Ships" by D. W. consider the request of any owner for å Taylor, shall be the bases for determin- waiver of the speed required herein and ing effective horsepower required, except

the acceptance of a speed certificate comthat of the four methods given therein puted in accordance with $ 246.3, upon for wetted surface determination, the submission by the owner of pertinent apone based on Froude's formula shall be plicable data proving to the satisfaction used. Calculations for effective horse- of the Administrator that the speed of the vessel, as determined in accordance visions of the guarantee clause of such with $ 246.3, is not in excess of fair and contracts in order to assure proper hanreasonable speed satisfactory to the Ad- dling and fulfillment of the builder's ministrator but the determinations of the obligation thereunder with respect to deAdministrator, in this respect, shall be ficiencies, defects, weaknesses, etc., definal and conclusive.

veloping during the vessel's guarantee & 246.3 Speed formula requiring the

period of operation and deemed to be the substantiating data of g 246.2(b).

builder's responsibility.

(b) The procedure established in this The speed of vessels calculated under part is also applicable to the purchaser this section shall be calculated on the

of a vessel newly constructed under Fed. same basis as set forth in § 246.1 (a), eral Maritime Board-Maritime Admin(b), (c), and (d), except for the follow- istration ship construction contracts, ing:

where it is the desire of the purchaser of (a) Section 246.1(c) is modified to such vessel to have the Maritime Adeliminate the correction for vessels con- ministration enforce the construction structed prior to January 1, 1925.

guarantee rights in his (the purchaser's) (b) Upon request and the submission behalf. by the owner of pertinent applicable data, such as standardization trial and

$ 247.2 Acceptance survey and final self-propelled model test results, the

guarantee survey. Maritime Administrator shall give con- The Trial and Guarantee Survey sideration to modifications of results ob- Boards, Office of Ship Construction and tained by the foregoing method but the Repair, Maritime Administration, are reextent to which such data may affect the sponsible for the conduct of an Acceptresults shall be determined by the Mari- ance Survey prior to delivery of a ship time Administrator.

by the builder to the Maritime Admin

istration and for the conduct of a Final § 246.4 Modification of formulae.

Guarantee Survey at the expiration of The formulae set forth herein are sub- the guarantee period. Any deficiency, ject to modification, as may be deter- defect, weakness, etc., outstanding at the mined hereafter.

time of these surveys and considered by

the Board to be the builder's responsiPART 247_OPERATORS' RESPONSI- bility under the construction contract BILITIES WITH RESPECT TO GUAR

will be recorded in the Acceptance SurANTEE CLAUSE IN NEW SHIP

vey Report and/or Final Guarantee Sur

The CONSTRUCTION CONTRACTS

vey Report, as the case may be.

Trial and Guarantee Survey Boards will Sec.

furnish the operator with copies of these 247.1 Purpose. 247.2 Acceptance survey and final guaran

surveys. The Chairman of the Trial and tee survey.

Guarantee Survey Boards will request 247.3 Negotiation and settlement with attendance of all interested parties at builder.

the Acceptance and Final Guarantee 247.4 Responsibilities of the operator.

Surveys. AUTHORITY: The provisions of this part 247 issued under sec. 204, 49 Stat. 1987, as amend

8 247.3 Negotiation and settlement with ed; 46 U.S.C. 1114. Interpret or apply secs.

builder. 502, 702, 49 Stat. 1996, as amended, 2008, as The Division of Technical Developamended; 46 U.S.C. 1152, 1192.

ment, Office of Ship Construction and SOURCE: The provisions of this part 247 Repair, Maritime Administration is recontained in Order 77; 19 F.R. 4360, July 15, 1954; 19 F.R. 7543, Nov. 23, 1954; 19 F.R. 7605,

sponsible for assuring that all items of Nov. 25, 1954, unless otherwise noted.

builder's responsibility as recorded in the § 247.1 Purpose.

Final Guarantee Survey are satisfactorily

completed and properly compensated for (a) To establish the procedure to be or that settlement with the builder for followed by the charterer or general the cost of such items is otherwise propagent (hereinafter referred to as the Op

erly consummated. erator), of a vessel newly constructed under Federal Maritime Board, Maritime

$ 247.4 Responsibilities of the operator. Administration ship construction con- (a) During the guarantee period of tracts, in the administering of the pro- operation prior to the Final Guarantee

Survey it shall be the Operator's responsibility to:

(1) Maintain records, including log extracts of all deficiencies, defects, weaknesses, etc. found in the ship while in the Operator's custody and operation and, if possible, the causes thereof, such records to be retained for a period of three years after date of the Final Guarantee Survey.

(2) Furnish advance notice to the appropriate Maritime Administration Ship Repair and Maintenance Ofice, having jurisdiction over the port at which a ship is scheduled to arrive, of any items which developed or were discovered on the voyage and are considered to be the builder's responsibility. It such advance notice is not feasible, the said Ship Repair and Maintenance Office must be notified as soon as possible and, if practicable, prior to the performance of any work considered to be the builder's responsibility.

(3) Notify the builder, in writing, of the scheduled arrival of a ship on which Items considered the builder's responsibility will require correction. The builder may, at bis discretion, Inspect such items and arrange for their correction. Should the builder not accept responsibility for certain of these items, or be unable to attend the ship, or should it be impracticable to delay repairs due to commitments of the ship, the corrective work may be put in hand without further delay for the account of the owner.

(4) At the termination of each repair period, prepare a memorandum report of repairs performed of a vital or major nature outlining the cause and necessity for such repairs, and submit said report, in duplicate, to the Ship Repair and Maintenance Office having jurisdiction in the port at which the work is performed. No supporting data such as specifications, etc., are required. When, in the opinion of the Operator, guarantee items are involved, the report shall include the following information:

(1) Whether or not the builder was notified.

(11) Whether or not the builder sighted the defect.

(11) Whether or not the builder &ccepted responsibility for the defect.

(iv) I the builder was not notified, the reason therefor.

(5) Maintain 12 complete sets of records of the items deemed to be the builder's responsibility, including the initial report of the deficiency, specifications, itemized costs, and completion certificates for all such work awarded during the guarantee period and 1 possible the cause of the deficiencies and all related correspondence for use at the time of the Final Guarantee Survey.

(b) In connection with the conducting of the Final Guarantee Survey it shall be the Operator's responsibility to:

(1) Notify the Chairman, Trial and Guarantee Survey Boards, Maritime Administration of the availability of the ship for the Final Guarantee Survey which will be held at the completion of the voyage coming at or near the end of the guarantee period (usually six months).

(2) Furnish 12 copies of the data specified in paragraph (a) (5) of this section to the Chairman, Trial and Guarantee Survey Boards in attendance at the guarantee survey.

(c) Subsequent to the Final Guarantee Survey it shall be the Operator's responsibility to:

(1) Advise the Ship Repair and Maintenance Office having jurisdiction in the port at which repairs are to be effected prior to the accomplishment of any items listed in Final Guarantee Survey Report and request a representative of that office to attend the repairs.

(2) Notify the builder prior to the awarding of any work correcting a guarantee item in order that the builder may, if practicable, arrange for performance of the work for his account.

(3) Prepare a summary at the end of each repair period of the work authorized by himself or the builder which corrected defects noted in the Final Guarantee Survey Report. Three (3) copies of this summary are to be furnished to the Ship Repair and Maintenance ofice having jurisdiction in the port at which the work is effected and one copy is to be submitted to the Chief, Division of Technical Development. Each summary is to be supported by specifications and item prices for all work authorized by the operator and shall indicate for whose account the corrective repairs were performed. (Order 77, 19 F. R. 4380, July 16, 1954; 19 F. R. 7605, Nov. 26, 1954, as amended, 21 F. R. 8107, Oct. 28, 1966)

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