Reference

OMB No. 2133-0522
Expiration Date: 11/30/2021
A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a
penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act
unless that collection of information displays a current valid OMB Control Number. The OMB Control Number for this
information collection is 2133-05222. Public reporting for this collection of information is estimated to be approximately
12.5 hour per response, including the time for reviewing instructions, completing and reviewing the collection of
information. All responses to this collection of information are required to obtain and/or retain benefits.Send comments
regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing
this burden to: Information Collection Clearance Officer, Maritime Administration, MAR-390, 1200 New Jersey
Avenue, SE, Washington, DC 20590.

2133-0522

ATTACHMENT 4-REFERENCES
a. 46 App. U.S.C. 741-752
b. 46 App U.S.C. 781-790
c. 46 CFR Part 327

!'·

ADMIRALTY /MARITIME
JURISDICTION

(2) to an officer, emplo yee , or agent of the United States
Government, a State, or a territory or possession of the United States; or
(3) to another carrier or its agent to adjust mutual traffic accounts in
the ordinary course of business.

* ** * **
49 U.S.C. 14913 (2004). CONCLUSIVENESS OF RATES IN
CERTAIN PROSECUTIONS. When a carrier publishes or files a

particular rate under section 13702 or participates in such a rate, the
published or filed rate is conclusive proof against that carrier, its offi­
cers, and agents that it is the legal rate for that transportation or service
in a proceeding begun under section 14902 or 14903. A departure, or
offer to depart, from that published or filed rate is a violation of those
sections.

49 U.S.C. 14914 (2004). CIVIL PENALTY PROCEDURES.

(a) In General. After notice and an opportunity for a hearing, a per­ :
son found by the Surface Transportation Board to have violated a provi­
sion of law that the Board carries out or a regulation prescribed under
that law by the Board that is related to transportation which occurs
under subchapter II of chapter 135 for which a civil penalty is provided,
is liable to the United States for the civil penalty provided. The amount
of the civil penalty shall be assessed by the Board by written notice. In
detennining the amount of the penalty, the Board shall consider the
nature, circumstances, extent, and gravity of the prohibited acts commit­
ted and, with respect to the viol ator, the degree of culpability, any
history of prior offenses, ability to pay, and other matters that justice
requires.
(b) Compromise. The Board may compromise, modify, or remit,
with or without consideration, a civil penalty until the assessment is
referred to the Attorney General.

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(c) Collection. If a person fails to pay an assessment of a civil
penalty after it has become final, the Board may refer the matter to the
Attorney General for collection in an appropriate district court of the
United States .
(d) Refunds. The Board may refund or remit a civil penalty collect­
ed under this section if( l) application has been made for refund or remission of the penalty
within 1 year from the date of payment; and
(2) the Board finds that the penalty was unlawfully, improperly, or
excessively imposed .

* ** * **
468

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EXTENSION OF ADMIRALTY AND MARITIME
JURISDICTION
LIBEL IN REM OR IN PERSONAM; EXCLUSIVE
740

f REMEDY; WAITING PERIOD (46 App. U.S.C.

(2004)). The admiralty and maritime jurisdiction of the United States
shall extend to and include all cases of damage or injury, to person or
property, caused by a vessel on navigable water, notwithstanding that
· such damage or injury be done or consummated on land. In any such
case suit may be brought in rem or in personam according to the princi­
ples of Jaw and the rules of practice obtaining in cases where the injury
f or damage has been done and consummated on navigable water:
/: Provided, That as to any suit against the United States for damage or
injury done or consummated on land by a vessel on navigable waters,
the Public Vessels Act or Suits in Admiralty Act, as appropriate, shall
constitute the exclusive remedy for all causes of action arising after the
I# date of the passage of this Act and for all causes of action where suit
,( has not been h.itherto filed under the Federal Tort Claims Act: Provided
fwther, That no suit shall be filed against the United States until there
shall have expired a period of six months after the claim has been pre­
' seated in writing to the Federal agency owning or operating the vessel
causing the injury or damage.

f

i

SUITS IN ADMIRALTY ACT
46 App. U.S.C. 741 (2004). Exemption of United States vessels and

j · cargoes from arrest or seizure. No vessel owned by the United States

; or by any corporation in which the United States or its representatives

' f . shall own the entire outstanding capital stock or in the possession of the
'' United States or of such corporation or operated by or for the United

i States or such corporation, and no cargo owned or possessed by the

· United States or by such corporation, shall hereafter [after March 9,
19201, in view of the provision herein made for a libel in personam, be
subject to arrest or seizure by judicial process in the United States or its
:,,, possessions: Provided, That this Act shall not apply to the Panama
Railroad Company [Panama Canal Commission].

I
'.

..

' 46App. U.S.C. 742 (2004). Libel in personam. In cases where if
" such vessel were privately owned or operated, or if such cargo were pri­
vately owned or possessed, or if a private person or property were
"''· involved, a proceeding in admiralty could be maintained , any appropri­
ate nonjury proceeding in personam may be brought against the United
469

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States or against any corporation mentioned in section I of this Act.
Such suits shall be brought in the district court of the United States for
the district in which the parties so suing, or any of them, reside or have
their principal place of business in the United States, or in which the
vessel or cargo charged with liability is found. In case the United States
or such corporation shall file a libel in rem or in personam in any dis­
trict, a cross-libel in personam may bet filed or a set-off claimed against
the United States or such corporation with the same force and effect as
if the libel had been filed by a private party. Upon application of either
party the cause may, in the discretion of the court, be transferred to any
other district court of the United States .
46 App. U.S.C. 743 (2004). Procedure in cases of libel in persooam.
Such suits shall proceed and shall be heard and determined according to
the principles of law and to the rules of practice obtaining in like cases
between private parties . A decree against the United States or such cor- .
poration may include costs of suit, and when the decree is for a money
judgment, interest at the rate of 4 per centum per annum until satisfied,
or at any higher rate which shall be stipulated in any contract upon
which such decree shall be based. Interest shall run as ordered by the
court. Decrees shall be subject to appeal and revision as now [on March.
9, 1920] provided in other cases of admiralty and maritime jurisdiction.
If the libelant so elects in his libel, the suit may proceed in accordance
with the principles of libels in rem wherever it shall appear that had the
vessel or cargo been privately owned and possessed a libel in rem might
have been maintained. Election so to proceed shall not preclude the
libelant in any proper case from seeking relief in personam in the same
suit. Neither the United States nor such corporation shall be required to
give any bond or admiralty stipulation on any proceeding brought here­
under .
46 App. U.S.C. 744 (2004). Release of privately owned vessel after
seizure. If a privately owned vessel not in the possession of the United
States or of such corporation is arrested or attached upon any cause of
action arising or alleged to have arisen from previous possess ion , own­
ership, or operation of such vessel by the United States or by such cor­
poration, such vessel shall be released without bond or stipulation there­
for upon the suggestion by the United States, through its Attorney
General or other duly authorized law officer, that it is interested in such
cause, desires such release, and assumes the liability for the satisfaction
of any decree obtained by the libelant in such cause, and thereafter such
cause shall proceed against the United States in accordance with the
provisions of this Act.
46 App. U.S.C. 745 (2004). Causes of action for which suits may be
brought; limitations; exceptions; actions which may not be revived;
470

iaterest on claims. Suits as herein authorized may be brought only
'\. within two years after the cause of action arises: Provided, That where
·a remedy is provided by this Act it shall hereafter be exclusive of any
{ other action by reason of the same subject matter against the agent or
f employee of the United States or of any incorpornted or unincorporated
}• agency thereof whose act or omission gave rise to the claim: Provided fur­
lber, That the limitations contained in this section for the commencement
\; of suits shall not bar any suit against the United States brought hereunder
[' within one year after the enactment of this amendatory Act [enacted
December. 13, 1950] if such suit is based upon a cause of action whereon
{.-• prior suit in admiralty or an action at law was timely commenced and
or may hereafter be dismissed solely because improperly brought
• •,:,against any person, partnership, association, or corporation engaged by
;:. lhe United States to manage and conduct the business of a vessel owned
, or bareboat chartered by the United States or against the master of any
such vessel: And provided further, That after June 30, 1932, no interest
f shall be allowed on any claim prior to the time when suit on such claim is
brought as authorized by section 2 of this Act unless upon a contract
{ expressly stipulating for the payment of interest.

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.

1: 46 App. U.S.C. 746 (2004). Exemptions and limitations of liability.

The United States or such corporation shall be entitled to the benefits of
all exemptions and of all limitations of liability accorded by law to the
owners, charterers, operators, or agents of vessels.

46 App. U.S.C. 747 (2004). Seizures in foreign jurisdictions. If any

vessel or cargo within the purview of sections I and 4 of this Act is
( arrested, attached, or otherwise seized by process of any court in any
country other than the United States, or if any suit is brought therein
against the master of any such vessel for any cause of action arising
_ from, or in connection with, the possession, operation, or ownership of
any such vessel, or the possession, carriage, or ownership of any such
cargo, the Secretary of State of the United States in his discretion , upon
the request of the Attorney General of the United States, or any other
officer duly authorized by him, may direct the United States consul
residing at or nearest the place at which such action may have been
commenced to claim such vessel or cargo as immune from such arrest,
attachment, or other seizure, and to execute an agreement, undertaking,
bond, or stipulation for and on behalf of the United States, or the
Maritime Administration, or such corporation as by said court required,
for the release of such vessel or cargo, and for the prosecution of any
.- appeal; or may, in the event of such suits against the master of any such
vessel, direct said United States consul to enter the appearance of the
- United States, or of the Maritime Administration, or of such corpora­
tion, and to pledge the credit thereof to the payment of any judgment
and cost that may be entered in such suit. The Attorney General is here471

by vested with power and authority to arrange with any bank, surety
company, person, firm. or corporation in the United States, its
Territories and possessions, or in any foreign country, to execute any
such aforesaid bond or stipulation as surety or stipulator thereon, and to
pledge the credit of the United States to the indemnification of such
surety or stipulator as may be required to secure the execution of such
bond or stipulation. The presentation of a copy of the judgment roll in
any such suit, certified by the clerk of the court and authenticated by the
certificate and seal of the United States consul claiming such vessel or
cargo, or his successor, and by the certificate of the Secretary of State as
to the official capacity of such consul, shall be sufficient evidence to the
proper accounting officers of the United States, or of the Maritime
Administration, or of such corporation, for the allowance and payment
of such judgments: Provided, however, That nothing in this section shall
be held to prejudice or preclude a claim of the immunity of such vessel
or cargo from foreign jurisdiction in a proper case.

States on any cause of action arising from, or in connection with, the
possession, operation. or ownership of any merchant vessel, or the pos­
session, carriage, or ownership of any cargo, shall be covered into the
United States Treasury to the credit of the department of the
Government of the United States, or of such aforesaid corporation, hav­
ing control of the vessel or cargo with respect to which such cause of
action arises, for reimbursement of the appropriation, or insurance fund,
or other funds, from which the loss, damage, or compensation for which
said judgment was recovered has been or will be paid.

46 App. U.S.C. 752 (2004). Reports as to awards and settlements.

The Secretary of any department of the Government of the United
States, and the board of trustees of any such aforesaid corporation, shall
likewise report the arbitration awards or settlements of claims which
shall have been agreed to since the previous session, and in which the
time to appeal shall have expired or have been waived.

46 App. U.S.C. 748 (2004). Payment of judgment, award, or settle­
ment. Any final judgment rendered in any suit herein authorized, and

any final judgment within the purview of sections 4 and 7 of this Act,
and any arbitration award or settlement had and agreed to under the pro­
visions of section 9 of this Act, shall, upon the presentation of a duly
authenticated copy thereof, be paid by the proper accounting officers of
the United States out of any appropriation or insurance fund or other
fund especially available therefor; otherwise there is appropriated, out
of any money in the Treasury of the United States not otherwise appro­
priated, a sum sufficient to pay any such judgment or award or settle­
ment.

46 App. U.S.C. 749 (2004). Arbitration, compromise, or settlement
of claims. The Secretary of any department of the Government of the

United States, or the board of trustees of such corporation, are, and each
is, authorized to arbitrate, compromise, or settle any claim in which suit
will lie under the provisions of sections 2, 4, 7, and IO of this Act

46 App. U.S.C. 750 (2004). Recovery for salvage services by vessel
or crew. The United States, and the crew of any merchant vessel owned
or operated by the United States, or such corporation, shall have the
right to collect and sue for salvage services rendered by such vessel and
crew, and any moneys recovered therefrom by the United States for its
own benefit, and not for the benefit of the crew, shall be covered into
the United States Treasury to the credit of the department of the
Government of the United States, or of such corporation, having control
of the possession or operation of such vessel.

46 App. U.S.C. 751 (2004). Disposition of moneys recovered by the
United States. All moneys recovered in any suit brought by the United
472

473

PUBLIC VESSELS ACT

tional distress, mental suffering, or psychological injury was(A) the result of physical injury to the claimant caused by the negli­
gence or fault of a crewmember or the manager, agent, master, owner,
or operator;
(B) the result of the claimant having been at actual risk of physical
injury, and such risk was caused I);,' the negligence or fault of a
crewmember or the manager, agent, master, owner, or operator; or
(C) intentionally inflicted by a crewmember or the manager, agent,
master, owner, or operator.
(2) Nothing in this subsection is intended to limit the liability of a
crewmember or the manager, agent, master, owner, or operator of a ves­
sel in a case involving sexual harassment, sexual assault, or rape.

46 U.S.C. 3505 (2004). Prevention of departure
Notwithstanding section 3303 of this title, a foreign vessel carrying a
citizen of the United States as a passenger or embarking passengers
from a United States port may not depart from a United States port if
the Secretary finds that the vessel does not comply with the standards
stated in the International Convention for the Safety of Life at Sea to
which the United States Government is currently a party.

SEC. 1. LIBEL IN ADMIRALTY AGAINST OR

IMPLEADER OF UNITED STATES (46 App. U.S.C. 781

I: (J804)).

A libel in personam in admiralty may be brought against the

) United States, or a petition impleading the United States, for damages

k caused by a public vessel of the United States, and for compensation for

f: t,owage and salvage services, including contract salvage, rendered to a
V public vessel of the United States: Provided, That the cause of action
". arose after the 6th day of April, 1920.
!.

; , SEC. 2. VENUE OF SUIT; APPLICATION OF PROVI­
SIONS OF THE SUITS IN ADMIRALTY ACT (46 App.
c• U.S.C. 782 (2004)). Such suit shall be brought in the district court

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of the United States for the district in which the vessel or cargo charged
with creating the liability is found within the United States, or if such
vessel or cargo be outside the territorial waters of the United States,
!hen in the district court of the United States for the district in which the
parties so suing, or any of them, reside or have an office for the transac­
tion of business in the United States; or in case none of such parties
reside or have an office for the transaction of business in the United
States, and such vessel or cargo be outside the territorial waters of the
United States, then in any district court of the United States. Such suits
will be subject to and proceed in accordance with the provisions of an
Act entitled "An Act authorizing suits against the United States in admi­
ralty, suits for salvage services, and providing for the release of mer­
chant vessels belonging to the United States from arrest and attachment
in foreign jurisdictions, and for other purposes," approved March 9,
1920, or any amendment thereof, in so far as the same are not inconsis­
tent herewith, except that no interest shall be allowed on any claim up to
the time of the rendition of judgment unless upon a contract expressly
stipulating for the payment of interest.

SEC. 3. CROSS LIBEL, SET-OFF, OR COUNTERCLAIM
(46 App. U.S.C. 783 (2004)). In the event of the United States

filing a libel in rem or in personam in admiralty for damages caused by
a privately owned vessel, the owner of such vessel, or his successors in
interest, may file a cross libel in personam or claim a set-off or counter­
claim against the United States in such suit for and on account of any
damages arising out of the same subject matter or cause of action:
Provided, That whenever a cross libel is filed for any cause of action for
which the original libel is filed by authority of this Act, the respondent
in the cross libel shall give security in the usual amount and form to
respond to the claim set forth in said cross libel unless the court. for
cause shown, shall otherwise direct; and all proceedings on the original
libel shall be stayed until such security shall be given.

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SEC. 4. SUBPOENAS TO OFFICERS OR MEMBERS OF
CREWS (46 App. U.S.C. 784 (2004)). No officer or member

of the crew of any public vessel of the United States may be subpoe­
naed in connection with any suit authorized under this Act without the
consent of the Secretary of the department or the head of any indepen­
dent establishment of the Government having control of the vessel at
the time the cause of action arose, or of the master or commanding offi­
cer of such vessel at the time of the issuance of such subpoena.

SEC. 5. SUITS BY NATIONALS OF FOREIGN GOVERN­
MENTS (46 App. U.S.C. 785 (2004)). No suit may be brought
under this Act by a national of any foreign government unless it shall
appear to the satisfaction of the court in which suit is brought that said

government, under similar circumstances, allows nationals of the United
States to sue in its courts.

SEC. 6. ARBITRATION, COMPROMISE, OR SETILE­

MENT (46 App. U.S.C. 786 (2004)). The Attorney General of

the United States is authorized to arbitrate, compromise, or settle any
claim on which a libel or cross libel would lie under the provisions of
this Act, and for which a libel or cross libel has actually been filed.

SEC. 7. PAYMENT OF JUDGMENTS OR SETTLEMENTS
( 46 App. U.S.C. 787 (2004)). Any final judgment rendered on
any libel or cross libel herein authorized, and any settlement had and
agreed to under the provisions of section 6 of this Act, shall, upon pre­
sentation of a duly authenticated copy thereof, be paid by the proper
accounting officer of the United States out of any moneys in the
Treasury of the United States appropriated therefor by Congress.

SEC. 8. LIEN NOT CREATED AGAINST PUBLIC VES­
SELS (46 App. U.S.C. 788 (2004)). Nothing contained in this
Act shall be construed to recognize the existence of or as creating a lien
against any public vessel of the United States.
SEC. 9. EXEMPTIONS AND LIMITATIONS OF LIABILITY
( 46 App. U.S.C. 789 (2004)). The United States shall be entitled to
the benefits of all exemptions and of all limitations of liability accorded
by law to the owners, charterers, operators or agents of vessels.

SEC. 10. REPORTS BY ATTORNEY GENERAL (46 App.
U.S.C. 790 (2004)). The Attorney General of the United States
shall report to the Congress at each session thereof all claims which
shall have been settled under this act.

RECENT TAX PROVISIONS
REDUCED TAXES FOR CERTAIN INLAND
WATERWAYS FUEL.
Section 24l(b) of Public Law 108-357, approved October 22. 2004 (I 18
STAT. 1438), the American Jobs Creations Act of 2004. amended 26
U.S.C. 4042(b)(2), effective January I, 2005, to phase out the 4.3 cents­
per-gallon tax on diesel fuel used in trains and barges operating on des­

ignated inland waters. As so amended, 26 U.S.C. 4042 provides:

26 U.S.C. 4042 (2004). Tax on fuel used in commercial trans­
portation on inland waterways.
(a) In general. There is hereby imposed a tax on any liquid used dur­

ing any calendar quarter by any person as a fuel in a vessel in commer­
cial waterway transportation.

(b) Amount of tax.

(I) In general. The rate of the tax imposed by subsection (a) is the

sum of--

(A) the Inland Waterways Trust Fund financing rate,

(B) the Leaking Underground Storage Tank Trost Fund financing

rate, and
(C) the deficit reduction rate.

(2) Rates. For purposes of paragraph (I)--

(A) The Inland Waterways Trust Fund financing rate is the rate
determined in accordance with the following table:
If the use occurs:
The tax per gallon is:

Before I990 ................................ IO cents
During I990 .............................. 11 cents
During I99 I.................................13 cents
During I992 ................................. 15 cents
During I993 ................................. 17 cents
During 1994 ................................ I9 cents
After 1994 .................................. 20 cents
(BJ The Leaking Underground Storage Tank Trost Fund financing
rate is 0.1 cent per gallon.
(C) The deficit reduction rate is--

(i) 3.3 cents per gallon after December 31. 2004, and before July

I, 2005,

(ii) 2.3 cents per gallon after June 30. 2005. and before January I.
2007, and
(iii) 0 after December 3 I. 2006.

* *
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Pl.327
party defendant or one of the parties'
iefendant irrespective of whether the
risk is covered by P&I insurance, the

A.gent shall immediately forward cop­
les of the pleading and all other related
legal documents, by first class mail, to
t.he Chief Counsel, Maritime Adminis­
t.ration, Department of Transportation,
Washington, DC 20590, and to the At­
t.orney General, Attn: Civil Division,

rorts Branch, Department of Justice,
Washington, DC 20530. No agent or au­
t.horized subagent shall incur any legal
xpenses in connection with any claim
)f a P&I nature, unless approved in ad­

vance by MARAD, and by the under­

.vriter. where applicable. However, the
A.gent may incur legal expenses if the

nission of the vessel will be frustrated

impeded and/or time will not permit
mch prior approval.
(b) In the event of any attachment or
eizure of a vessel, whether or not the
·isk is of a P&I nature, the Agent shall
,mmediately notify the Chief Counsel,
Maritime Administration.
Washington,
DC 20590, Tel. (202) 36&--05711. by tele­
;ram, radio, or cable.
)r

ART 327-SEAMEN'S CLAIMS; AD·
MINISTRATIVE ACTION AND LITI­
GATION
Sec.
127.l Purpose.
!27.2 Statutory provisions.
127.3 Required claims submission.
127.4 Claim requirements.
127.5 Filing of claims.
127.6 Notice of allowance or disallowance.
l'J:l.7 Administrative disallowance presumption.
127.8 Court action.
AUTHORITY: 46 app.

u.s.c. sections: 1114(b),
c24la; 50 U.S.C. app. 1291(a).
SOURCE: 56 FR 50275, Oct. 4, 1991, unless
Jtherwise noted.

i 327.1 Purpose.

This part prescribes rules and regula­
:;ions pertaining to the filing of claims
lesignated in §327.3 of this part and the
ulministrative allowance, or disallow­
ince (actual and presumed), of such
:-.laims, in who1e or in part, filed by of­
'.icers and members of crews (hereafter
:eferred to as "seamen") employed on
,ressels as employees of the United
3tates through the National Shipping

46 CFR Ch. II (10-1-04 Edition)
Authority (NSA). Maritime Adminis­
tration (MARAD), or successor.
§327.2 Statutory provisiona.
(a) In connection with the Vessel Op­
erations Revolving Fund created for
the purpose of carrying out the vessel
operating functions of the Secretary of
Transportation, the
Third
Supple­
mental Appropriation Act, 1951 (46 app.
U.S.C. 1241a), provides, in part:
That the provisions of sections l(a), l(c),
3(c) and 4 of Public Law 17, Seventy-eighth
Congress (57 Stat. 45), as amended, shall be
applicable in connection with such oper­
ations and to sea.men employed through gen­
eral agents as employees of the United
States, who may be employed in accordance
with CllBtoma.ry commercial practices in the
maritime induatry, notwithstanding the pro­
visions of any law applicable in terms to the
employment of persons by the United States.

(b) Section l(a) of Public Law 17 t50
U.S.C. app. 129l(a)), as amended, pro­
vides that:
(a)Officers and members of crews (herein­
after referred to as "seamen") employed on
United States or foreign flag vessels as em­
ployees of the United States through the
War Shipping Administration shall, with re­
spect to (1) laws administered by the Public
Health Service and the Social Security Act,
as amended by subsection (b) (2) and (3) of
this section; (2) death, injuries, illness, main­
tenance and cure, loss of effects, detention,
or repatriation, or claims arising therefrom
not covered by the foregoing clause (1); and
(3) collection of wages and bonuses and mak­
ing of allotments, have all of the rights, ben­
efits, exemptions, privileges, and liabilities,
under law applicable to citizens of the
United States employed as seamen on pri­
vately owned and operated American vessels.
* * *. Claims a.rising under clanae (1) hereof
shall be enforced in the same manner as such
claims would be enforced if the seamen were
employed on a privately owned and operated
American vessel. Any claim referred to in
clauae (2) or (3) hereof shall, if administra­
tively disallowed in whole or in part, be en­
forced pursuant to the provisions of the
Suits in Admiralty Act, notwithstanding the
vessel on which the seaman is employed is
not a merchant vessel within the meaning of
such Act. * * *. When used in this subsection
the term "administratively
disallowed"
means a denial of a written claim in accord­
ance with rules or regulations prescribed by
the Administrator, War Shipping Adminis­
tration. When used in this subsection the
terms "War Shipping Administration" and
"Administrator, War Shipping Administra­
tion" shall be deemed to include the United

§327.4

Maritime Administrolion, DOT
States Maritime Commission with respect to
the period beginning October 1 1941, and end­
ing February 11, 1942, and the term "seaman"
shall be deemed to include any seaman em­
ployed as an employee of the United States
through the War Shipping Administration on
vessels made available to or subcharte'red to
other agencies or departments of the United
States.

(c) The functions of the War Shipping
Administrator and War Shipping Ad­
ministration were transferred for liq­
uidation purposes by title II of Public
Law 492. 79th Congress (60 Stat. 501) to
the United States Maritime Commis­
sion and, on August 20, 1949, by Reorga­
nization Plan No. 6 of 1949 (63 Stat.
1069) to the Chairman of said Commis­
sion; certain of the functions of the
United States Maritime Commission
and of its Chairman were transferred
on May 24, 1950, by part II of Reorga­
nization Plan No. 21 of 1950 (64 Stat.
1273, 1276; 46 U.S.C. 1111-1114) to the
Secretary of Commerce, and thereafter
redeleg-ated by the Secretary of Com­
merce to the Maritime Administrator
(Department Order No. 117 (Amended).
Manual of Orders, Department of Com­
merce); vessel operating functions were
redelegated by the Maritime Adminis­
trator to the Director, National Ship­
ping Authority, Maritime Administra­
tion (Administrator's Order No. 11
(Amended), Manual of Orders, Federal
Maritime Board/Maritime Ad.ministra­
tion). In 1981, Public Law 99--31 (95 Stat.
165) transferred the Maritime Adminis­
tration from the Department of Com­
merce to the Department of Transpor­
tation.
1100.60A,
the Sec­
retaryBy
ofDOTOrder
Transportation
has delegated
to the Maritime Administrator the au­
thority to carry out the Act of June 2,
1951 (46 app. U.S.C. 1241a). regarding the
Vessel Operations Revolving Fund (49
CFR 1.66). The Maritime Administrator
has redelegated that authority to the
Associate Administrator for Ship­
building and Ship Operations (Mari­
time Administrative Order 70--1).
§

327.3 Required claims submission.

All claims specified in 50 U.S.C. app.
129!(a) (2) and (3), quoted in §327.2(b) of
this part, shall be submitted for admin­
istrative consideration, as provided in
§§327.4 and 327.5 of this part. prior to
institution of court action thereon.

§ 327.4

Claim requirements.
(a) Form. The claim may be in any
form and shall be
(1) In writing,
(2) Designated as a claim.
(3) Disclose that the object sought is
the administrative allowance of the
claim.
(4) Comply with the requirements of
this part, and
(5) Filed as provided in § 327.5 of this
part.
The claim need not be sworn or at­
tested to by the claimant. However,
the statements made in the claim are
subject to the provision of 18 U.S.C. 287
and 1001 and all other penalty provi­
sions for making false, fictitious, or
fraudulent claims, statements or en­
tries, or falsifying, concealing, or cov­
ering up a material fact in any matter
within the jurisdiction of any depart­
ment or agency of the United States.
Any lawsuits filed contrary to the pro­
visions of section 5 of the Suits in Ad­
miralty Act, as amended by Public Law
877, 81st Congress (64 Stat. 1112; 46 app.
U.S.C. 745), shall not be in compliance
with the requirements of this part.
(b) Contents. Each claim shall include
the following information:
(1) With respect to the seaman:
(i) Name;
(ii) Mailing address;
(iii) Date of birth;
(iv) Legal residence address;
(v) Place of birth; and
/ /
(vi) Merchant mariner license or foe_-,
ument number and social secuh,iy
number.
(2) With respect to the basis for the
claim:
(i) Name of vessel on which the sea­
man was serving when the incident oc­
curred that is the basis for the claim;
(ii) Place where the incident oc­
curred;
(iii) Time of incident-year, month
and day, and the precise time of day, to
the minute. where possible;
(iv) Narrative of the facts and cir­
cumstances surrounding the incident;
and
(v) The names of others whocan sup­
ply factual information about the incident and its consequences.
(3) The dollar amount of claim for:
(i) Past loss of earnings or earning
capacity;

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46 CFR Ch. II (10-1--04 Edition)

(ii) Future loss of earnings or earning
§327.6 Notice of allowance or diaallow-, :
capacity;
ance.
t
(iii) Medical expenses paid out of
MARAD shall give prompt notice in •
pocket;
writing of the allowance or disallow­
1 iv) Pain and suffering; and
ance of each claim, in whole or in par t ,
(v) Any other loss arising out of the
by mail to the last known address of,
iuciden t (describe).
or b:y personal delivery to, the claim­
(4) All medical and clinical records of
ant or the claimant's legal representa­
phy:;;icians and hospitals related to a
t iv e . In the c ase of administrative dis­
seama n's claim for injury, illness, or
all owance, in whole or in part , such no­
death shall be a t t ached . If the claimant
tice shall contain a brief statement of
rloes not have a copy of each record,
the reason for such disa ll owan ce .
the claimant shall identify every phy­
§ 327.7
Administrative
disallowance
sic ian and hospital having records re­
preaumptioa.
lating to the seaman and shall provide
If MARAD fails to give written no­
written authorization for MARAD to
tice of allowance or disallowance of a ,
obtain all such records. The claim shall
also include the number of days the claim in accordance with § 327.6 of this
part within sixty (60) calendar days fol­
s ea ma n worked as a merchant mariner
lowing the date of the receipt of such
and the earnings received for the cur­
claim by the proper person designated
rent calendar year, as well as for the
two preceding calendar years.
. in §327.5 of this pa.rt, such claim shall
be presumed to have been "administra­
(5) If the claim does not involve a
tively disa ll owed," within the meaning
sea ma n's death, the following informa­ in sect ion l(a) of 50 U.S.C. app. 1291(a),
tion shall be submitted with the claim:
quoted in §327.2(b) of this part.
(i) Date the seaman signed a reem­
ployment register as a merchant mar­ §327,8 Court action.
iner;
No seamen, having a claim specified
(ii) Copy of the medical fit-for-duty
in subsections (2) and (3) of section l(a)
certificate issued to the seaman;
of 50 U.S.C. 1291(a), quoted in §327.2(b)
(iii) Date and details of next employ­ of this part, their surviving dependents
ment as a seaman; and
and beneficiari es, or their legal rep­
(iv) Date and details of next employ­ resentatives shall institute a court ac­
tion for the enforcement of such claim
ment as other than a seaman.
unless such claim shall have been pre­
(6) If the claim is for other than per­
sonal in jury , illness or death, the claim pared and filed in accordance with
shall provide all supporting informa ­ §§3 27.4 and 327.5 of this part and shall
tion concerning the nature and dollar have been administratively disallowed
in accordance with §327.6 or 327.7 of
amount of the loss.
this part.
§327.5 Filing of claima,

(a) Claims may be filed by or on be­
half of seamen or their surviving de­
pendents or beneficiaries, or by their
legal representatives. Claims shall be
filed either by personal delivery or by
registered mail .
(b) Each claim shall be filed with the
Ship Manager or General Agent of the
vessel with respect to which such claim
arose. The claimant shall send a copy
directly to the Chief, Division of Ma ­
rine Insurance, Maritime Administra­
tion, Department of Transportation,
400 Seventh Street SW., Washington,
DC 20590.

PART 328-SLOP CHESTS
Sec .
1. What this order does.
2.

3.
4.

Genera.l Agent's requirements.
MMter's requirements.
General provisions.

A U'l'HORl'I'Y: Sec. 204, 49 Sta t . 1987,

Ill!

amended; 46 U.S.C. 1114. Interpret or apply
sec. 11, 23 S ta t . 56; 46 U.S.C. 670.

Section 1 What this order does.
In accordance with the provisions of

section 11 f the act of Congress ap­
proved June 26, 1884, 23 Sta t . 56; 46
U.S .C. 670, this order requires all ves­
sels operated by the National Shipping

Maritime Administration, DOT
Authority under General Agency
Agreement 3-19-51, Amendm en t
5, to
be provided with a slop chest subject to
all limitations cont ained in said act .
[OPR-1, 16 FR 4137, May 5, 1951, as amended
at 33 FR 5952, Apr . 18. 1968. Red esign a ted at
45 FR 44587, July 1, 1980)

Sec. 2

General Agent's requirements.

The General Agent shall:
(a) Obtain from the Master, a requisi­
tion for slop chest items required for
the intended voyage. Purchase for the
account of the NS A, from recognized
bona fide slop chest suppli ers , at prices
not in excess of the fair and reasonable
level prevailing at the respective do­
mestic ports, only such items and
quantities reflecting past experience of
actual requirements.
(b) Arrange for delivery on board to
the cUBtody of the Master all slop chest
items purchased, together with a copy
of the vendor 's invoice showing it ems,
units, unit cost and totals.
(c) Furnish the Master with a Slop
Chest Statement showing on hand at
the beginning of each voyage the
it ems , units , unit cost, totals and sell­
ing price per unit of each item. The
selling price shall approximate but not
exceed 110 percent of the reasonable
wholesale value of the same at the port
at which the voyage commenced. The
Slop Chest Statement shall also pro­
vide spaces for:
(1) Quantities and total value sold.
(2) Quantities and total cost value on
hand, end of voyage .
(3) Quantities of each item required
for next voyage .
(d) Submit to the .Coas t Director in
the district in which the General Agent
is located, upon termination of each
voyage a copy of the Slop Chest State­
ment obtained from the Master as pro­
vided for in section 3(b ) of this order
and a copy of all invoices for slop chest
purchases showing iterns by brand or
trade name, unit cost and total.
(e) Account to the cognizant Coast
Director for the purchase, delivery to
the Master, receipts from sales, con­
demnations, transfers and all other
transactions in connection with slop
chests.
[OPR-1, 16 FR 4137, May 5, 1951, a.s a.mended
by Arndt. 1, 33 FR 6475, Apr. 'J:1, 1968. Redesig •
nated a.t 45 FR 4458'7, July 1, 1980)

Sec.4
Sec. 3 Master's requirements.

The Master shall:
(a) Receive and receipt for the quan­
tities of slop chest items delivered on
board .
(b) Upon the termination of each voy­
age complete the Slop Che st Statement
refe rre d to in section 2(c) of this order ,
as to quan ti t ies and total value sold,
quantities and total cost value on hand
at end of voyage and quantities of each
item required for the next voyage.
(c) Sell, from time to time as speci­
fieFile Typeapplication/pdfAuthorJackson, Barbara (MARAD)File Modified2021-09-10File Created2021-09-10