46 CFR Part 309

Maritime Administration, DOT

§ 309.8

sections 902(a) and 1209(a)(2) of the Merchant Marine Act, 1936, as amended (46
U.S.C. 1242(a), 1289(a)(2)). The stated
valuation of a vessel does not include
vessel stores and supplies, which consist of (a) consumable stores, (b) subsistence stores, (c) slop chest, (d) bar
stock, and (e) fuel, as defined in Maritime Administration Inventory Book
Forms MA–4736, A through K, which
will be valued separately.
§ 309.4

Maximum amount insured.

A stated valuation is the maximum
amount for which the Maritime Administration will provide war risk hull insurance for damage to or actual or constructive total loss of the vessel to
which such valuation applies and for
which claims for damage to or actual
or constructive total loss of such insured vessel may be adjusted, compromised, settled, adjudged, or paid by
the Maritime Administration with respect to insurance attaching during the
effective period of such valuation
under the standard forms of war risk
hull insurance interim binder or policy
prescribed by §§ 308.106 and 308.107 of
this chapter.

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§ 309.5

Condition of vessel.

If the true condition of a vessel is not
known, the Ship Valuation Committee,
in determining the stated valuation of
the vessel, may assume that it is in a
condition that would entitle it to the
highest classification of the American
Bureau of Shipping, or the equivalent
if the vessel is a foreign-flag vessel,
with all required certificates, including
but not limited to, marine inspection
certificates of the United States Coast
Guard, the United States Public Health
Service, and the Federal Communications Commission, with all outstanding
requirements and recommendations
necessary for retention of class accomplished, without regard to any grace
period; and, so far as due diligence can
make her so, the vessel is tight,
staunch, strong, and well and sufficiently tacked, appareled, furnished,
and equipped, and in every respect seaworthy and in good running condition
and repair, with clean swept holds and
in all respects fit for service. The stated valuation of a vessel in substandard

condition is subject to downward adjustment as provided in § 309.6(a).
§ 309.6 Adjustments
equipment, and
ations.

for
condition,
other consider-

(a) Adjustment for a vessel in substandard condition. If the Maritime Administration determines that a vessel
is in substandard condition from that
assumed by the Committee as provided
in § 309.5, there shall be subtracted
from the stated valuation of such vessel an amount estimated by the Maritime Administration as the cost of putting the vessel in the condition assumed by the Committee when determining its stated valuation.
(b) Special equipment. If the depreciated reproduction cost less construction subsidy, if any, of any special
equipment of material utility in the
handling of cargo or utilization of a
vessel, not otherwise taken into account in determining the stated valuation of such vessel, is in excess of
$50,000, an amount estimated by the
Maritime Administration as the fair
and reasonable value of such equipment shall be added to the stated valuation of such vessel.
(c) Government installations. A stated
valuation determined pursuant to this
part shall not include any allowance
for any special installations or equipment to the extent that their cost was
borne by the United States.
§ 309.7

Modifications.

The Maritime Administration reserves the right to exempt any vessel
from the scope of this part, or to
amend, modify, or terminate the provisions hereof.
§ 309.8

Vessel data forms.

(a) To accompany application for insurance. Each application for war risk insurance, submitted in accordance with
§ 308.3 of this chapter, shall be accompanied by a completed Form MA–828,
Vessel Data. Copies of this form may
be obtained from either the American
War Risk Agency, 14 Wall Street, New
York, N.Y. 10005, or the Director, Office
of Marine Insurance (MAR–540) Maritime
Administration
400
Seventh
Street SW., Washington, DC 20590.

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§ 309.101

46 CFR Ch. II (10–1–09 Edition)

(b) Modification to vessels. Revised
vessel data shall be submitted on the
appropriate form prescribed in paragraph (a) of this section whenever a
vessel undergoes a physical change
which increases or decreases its value
by five percent or more.
(Approved by the Office of Management and
Budget under control number 2133–0011)
[39 FR 30487, Aug. 23, 1974, as amended at 47
FR 25330, June 14, 1982; 50 FR 50167, Dec. 9,
1985]

§ 309.101 Amendment of interim binders.
The interim binder for a vessel whose
stated valuation is established pursuant to this part shall be deemed to
have been amended on the first day of
the effective period of such valuation,
as provided in the notice publishing
such valuation, by inserting in the
space provided therefor, or in substitution for any value appearing in such
space, the stated valuation of the vessel set forth in such notice. A stated
valuation shall apply with respect to
insurance attaching during the effective period of such valuation; Provided,
however, That if there is a substantial
change in market values during such
period, the Maritime Administration
reserves the right to revise the valuations provided for therein at any time
during said period; And provided further, That the assured shall have the
right within 60 days after the date of
publication of a stated valuation or
within 60 days after the attachment of
the insurance under the interim binder
to which such valuation applies, whichever is later, to reject such valuation
and proceed as authorized by section
1209(a)(2), Merchant Marine Act, 1936,
as amended (46 U.S.C. 1289(a)(2)).
STORES AND SUPPLIES
AUTHORITY: Sec. 204, 49 Stat. 1987, as
amended, sec. 1209, 64 Stat. 775, as amended,
70 Stat. 984; 46 U.S.C. 1114, 1289.

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SOURCE: Sections 309.201 through 309.204
contained in G.O. 100, 29 FR 2944, Mar. 4, 1964;
29 FR 3706, Mar. 25, 1964, unless otherwise
noted.

§ 309.201 Purpose.
It is the purpose of §§ 309.201 through
309.204 to prescribe the method for de-

termining the values of stores and supplies on board a vessel when lost, for
which claims for loss will be paid, and
to prescribe the procedure for payment
of claims for such loss, when stores and
supplies are covered under a disbursements clause of a War Risk Hull Insurance Binder or a War Risk Hull Insurance Policy issued by the United
States on forms prescribed by §§ 308.106
and 308.107 of this chapter, or when
stores and supplies are covered by a
War Risk Disbursements Policy issued
by the United States pursuant to section 1203(c) of the Merchant Marine
Act, 1936, as amended (46 U.S.C.
1283(c)). The vessel values established
by §§ 309.1 through 309.8 (General Order
82) do not include any allowance for
the loss of stores and supplies, as distinguished from equipment and spare
parts which are included in such vessel
values.
§ 309.202

Definitions.

Stores and supplies are those articles
and commodities used and consumed in
the day-to-day operation of a vessel by
the operation and maintenance of machinery and equipment; the maintenance of clean and sanitary conditions;
the feeding of passengers, officers, and
crew; and stocked for the use and convenience of passengers, officers, and
crew. Vessel stores and supplies include
(a) consumable stores, (b) subsistence
stores, (c) slop chest, (d) bar stock, and
(e) fuel, as defined in Maritime Administration Inventory Books, Forms MA–
4736, A through K.
§ 309.203

Value at time of loss.

The value of unused stores and supplies on board a vessel at the time of
loss, and for which claims for loss will
be paid equals:
(a) The value of such stores and supplies on board at the completion of the
previous voyage, plus
(b) The value of stores and supplies
purchased and placed on board the vessel before the commencement of the
voyage during which the loss occurred,
plus
(c) The value of stores and supplies
purchased and placed on board the vessel after the commencement of such
voyage, less

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