with the facts and circumstances leading up to and surrounding the event out of which such claim arose. This order does not require that the claim be sworn to by the claimant; however, it is subject to Title 18, United States Code, sections 287, 1001 (62 Stat. 698, 749) and other penal laws which pertain to making any false, fictitious or fraudulent claims, statements or entries, or to falsifying, concealing or covering up a material fact in any matter within the jurisdiction of any Department or Agency of the United States. If injury, illness, or death is involved, the claimant shall attach copies of all pertinent clinical records and reports when the claim is filed; in the event that any of such records or reports are not then available to the claimant for attaching, he shall authorize the Maritime Administration in writing to obtain such information, clinical records and reports from the hospitals or physicians who examined or treated the seaman in connection with the injury, illness or death. Said authorization shall include the names and addresses of the hospitals and physicians concerned.

Sec. 5. Filing of claims.

(a) Claims may be filed by or on behalf of seamen of their surviving dependents, beneficiaries or legal representatives. Claims shall be filed either by personal delivery or by registered mail.

(b) Every claim (except claims which shall be filed with the Chief, Division of Insurance, Maritime Administration, as provided in paragraph (c) of this section) shall be filed with the General Agent of the vessel with respect to which such claim arose, or with the Director, National Shipping Authority, Maritime Administration, Department of Transportation, Washington, D.C.

(c) A claim based upon any insurance policy issued by the Maritime Administration (except claims for loss of or damage to personal effects if the seaman is alive, bonuses, detention and repatriation benefits) shall be filed with the Chief, Division of Insurance, Maritime Administration, Department of Transportation, Washington, D.C.

Sec. 6. Notice of allowance or disallow

ance.

The General Agent, the Director, National Shipping Authority, or the Chief, Division of Insurance, Maritime Administration, as the case may be, shall give prompt notice in writing of the allowance or disallowance of each claim, in whole or in part, by mail to the last known address of, or by personal delivery to, the claimant or his legal representative. In the case of administrative disallowance, in whole or in part, such notice shall contain a brief statement of the reason for such disallowance.

Sec. 7. Presumed disallowance.

If written notice of allowance or disallowance of a claim is not given in accordance with section 6 of this order within sixty days following the date of the receipt of such claim by the proper office as designated in section 5 of this order, such claim shall be presumed to have been "administratively disallowed" as provided in section 1(a) of Pub. L. 17, 78th Congress, quoted in section 2(b) of this order.

Sec. 8. Court action.

No seaman or his surviving dependents or his beneficiaries or his legal representatives, having a claim specified in subsections (2) and (3) of section 1(a) of Pub. L. 17, 78th Congress, quoted in section 2(b) of this order, shall institute a court action for the enforcement of such claim unless such claim shall have been prepared and filed in accordance with sections 4 and 5 of this order and shall have been administratively disallowed in accordance with section 6 or section 7 of this order.

Section 1. What this order does.

In accordance with the provisions of section 11 of the act of Congress approved June 26, 1884, 23 Stat. 56; 46 U.S.C. 670, this order requires all vessels operated by the National Shipping Authority under General Agency Agreement 3-19-51, Amendment 8-65, to be provided with a slop chest subject to all limitations contained in said act.

[OPR-1, 16 FR 4137, May 5, 1951, as amended at 33 FR 5952, Apr. 18, 1968. Redesignated at 45 FR 44587, July 1, 1980]

Sec. 2. General Agent's requirements.

The General Agent shall:

(a) Obtain from the Master, a requisition for slop chest items required for the intended voyage. Purchase for the account of the NSA, from recognized bona fide slop chest suppliers, at prices not in excess of the fair and reasonable level prevailing at the respective domestic ports, only such items and quantities reflecting past experience of actual requirements.

(b) Arrange for delivery on board to the custody of the Master all slop chest items purchased, together with a copy of the vendor's invoice showing items, units, unit cost and totals.

(c) Furnish the Master with a Slop Chest Statement showing on hand at the beginning of each voyage the items, units, unit cost, totals and selling 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 provide 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 Coast Director in the district in which the General Agent is located, upon termination of each voyage a copy of the Slop Chest Statement obtained from the Master as provided for in section 3(b) of this order and a copy of all invoices for slop chest purchases showing items 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, condemnations, transfers and all other transactions in connection with slop chests.

[OPR-1, 16 FR 4137, May 5, 1951, as amended by Amdt. 1, 33 FR 6475, Apr. 27, 1968. Redesignated at 45 FR 44587, July 1, 1980] Sec. 3. Master's requirements.

The Master shall:

(a) Receive and receipt for the quantities of slop chest items delivered on board.

(b) Upon the termination of each voyage complete the Slop Chest Statement referred to in section 2(c) of this order, as to quantities 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 specified by him, any of the contents of the slop chest to any or every seaman applying therefor, at the unit price, specified by the Slop Chest Statement furnished the Master by the General Agent as provided in section 2(c) of this order.

(d) Account to the General Agent for all slop chest items received on board, for all receipts and for all other slop chest transactions engaged in during the voyage.

(e) Cause entry to be made in the ship's log authenticated by the person designated by the Master to be in charge of the slop chest, together with signatures of two other witnesses, for all losses sustained due to fire, water or other damage which renders articles unsaleable. Such log entries shall itemize the quantities damaged and the cost thereof.

(f) Submit a detailed written report to the General Agent covering losses incurred due to damage, theft or pilferage of slop chest items. The report shall be submitted at the termination of the voyage during which the damage, theft or pilferage occurred.

(g) Retain on board, all damaged slop chest items, for survey, removal and disposition by the General Agent at a domestic port.

to time, may be issued by the National Shipping Authority, including but not limited to fiscal instructions to be observed in billing such compensation.

(b) Each General Agent subject to this order who has another contract with the Maritime Administration which gives the Maritime Administration the right to determine the amount of overhead expenses allocable to such contract (including but without limitation bareboat charter agreements and operating-differential subsidy contracts) may at the discretion of the General Agent allocate not more than 20 percent of the total compensation earned under sections 2, 3 and 8 of this order to NSA agency operations of the General Agent, in which case the remainder (but not less than 80 percent) of the total compensation earned under sections 2, 3 and 8 of this order, shall be deducted from the total overhead expenses of the General Agent before allocation of such expenses to his respective other operations, i.e., private vessel operations, bareboat charter agreements, operating-differential subsidy contract and agency operations other than NSA.

(c) For the purpose of making computations under paragraph (b) of this section, agency fees and commissions paid by the General Agent to subagents and branch houses, charges for postage and petties and customs brokerage charges pursuant to section 3 and communication expenses pursuant to section 6 which are to be absorbed by the General Agent under this order, shall be treated as administrative and general expense of the General Agent.

[AGE-4, 16 FR 9983, Sept. 29, 1951. Redesignated at 45 FR 44587, July 1, 1980]

Sec. 10. Effective date.

Unless otherwise provided, this order shall become effective as of March 20, 1951, at 00:01 a.m., and as to each vessel as of the date of delivery to the General Agent under Service Agreement, GAA 3-19-51.

[AGE-4, 16 FR 9983, Sept. 29, 1951. Redesignated at 45 FR 44587, July 1, 1980]

Sec.

PART 319-DUTIES OF BERTH AGENTS AND GENERAL AGENTS

1. What this order does.

2. Duties of Berth Agents.

3. Duties of General Agents.

4. Use of facilities in United States ports.

AUTHORITY: Sec. 204, 49 Stat. 1987, as amended; 46 U.S.C. 1114.

SOURCE: AGE-5, 16 FR 12434, Dec. 11, 1951. Redesignated at 45 FR 44587, July 1, 1980, unless otherwise noted.

Section 1. What this order does.

This order defines the duties of Berth Agents and General Agents in the conduct of business pertaining to vessels of the National Shipping Authority for the period of assignments of vessels under Berth Agency Agreement.

Sec. 2. Duties of Berth Agents.

Unless otherwise directed by the National Shipping Authority, the Berth Agent, pursuant to the terms of the Berth Agency Agreement for the period of assignment of each vessel thereunder, shall perform the following:

(a) Conduct the business. Conduct the business of the vessels including, but not limited to, all matters with respect to voyages, cargoes, mail, passengers, persons to be carried, charters, rates of freight and charges; and, subject to the provisions of section 4 of this order, procure or provide all services incident thereto including but not limited to stevedoring and other cargo handling, port activities, wharfage and dockage, pilotages, canal transits and services of sub-agents, brokers and consulates;

(b) Shipping documents. Issue or cause to be issued to passengers customary passengers tickets and to shippers customary shipping documents, freight contracts and bills of lading. All bills of lading shall be issued by the Berth Agent or its sub-agents as agent for the Master and the signature clause may provide substantially that the Berth Agent makes no warranty or representation as to the authority of the United States or the

Master to enter in to the agreement, and that the Berth Agent assumes no liability with respect to the goods described therein or the transportation thereof;

(c) Sub-agents. Appoint sub-agents where necessary, to perform the duties of the Berth Agent set forth herein;

(d) Entrance and clearance; foreign ports. Arrange entrance and clearance of vessel at all foreign ports, except as provided in section 3(a), including entrance at the first port of loading and clearance from last port of discharge;

(e) Cargo claims. Adjust, settle and pay cargo claims in accordance with such regulations as the National Shipping Authority may prescribe from time to time;

(f) Special voyage requirements. Notify the General Agent, in advance, of any requirements peculiar to the trade which relate to the duties of the General Agent, such as arrangements for dunnage, slings, fuel, fresh water, draft, etc., affecting the projected voyage in the service of the Berth Agent;

(g) Deviations, casualties, etc. Notify promptly the General Agent of all known deviations or intended deviations under the terms of the bill of lading or freight contract, and all known casualties, repairs or any other requirements which relate to the duties of the General Agent; and

(h) Accounting. Collect, deposit, remit, disburse and account to the National Shipping Authority for all monies due the United States arising in connection with activities under or pursuant to this order, and to the extent disbursements made by the Berth Agent pursuant to this order are recoverable from insurance the Berth Agent shall take such steps as may be appropriate to effect such recovery for the account of the United States.

In every case where, in accordance with the provisions of section 3(a) of this order, the sub-agent of a Berth Agent is used as the sub-agent of the General Agent, the Berth Agent is hereby authorized to reimburse the sub-agent out of National Shipping Authority funds for any services incurred for such vessel which are for account of the National Shipping Au

thority. In every case where, in accordance with section 3(a) of this order, the Berth Agent of a vessel is appointed by a General Agent as sub-agent of the General Agent, the Berth Agent is authorized to make disbursements on behalf of the General Agent out of National Shipping Authority funds for any expenses incurred for such vessel which are for account of the NSA. The Berth Agent shall submit to the General Agent the invoices and other documents covering all husbanding expenses (meaning expenses for all services not expressly assigned herein to a Berth Agent) incurred pursuant to the provisions of the foregoing authority and shall collect from the General Agent the amounts of such expenses. In the event the General Agent has reason to question or disapprove the payment of any particular item of husbanding expense same shall be referred to the Berth Agent for adjustment. This provision is stipulated because of the General Agent's over-all responsibility for the husbanding of the vessel although it is the purpose of this order to permit the Berth Agent promptly to reimburse sub-agents for services rendered or to promptly make disbursements on behalf of the General Agent.

Sec. 3. Duties of General Agents.

Unless otherwise directed by the National Shipping Authority, the General Agent, pursuant to the terms of the General Agency Agreement for the period of assignment of each vessel to a Berth Agent shall perform the following:

(a) Sub-agents. Appoint sub-agents for services required by the vessel which relate to the duties of the General Agent and which are beyond those performed by the sub-agent appointed by the Berth Agent pursuant to section 2 of this order, such as repairs, restowage of cargo, matters involving General Average, etc. Insofar as practicable, in foreign ports, the sub-agent of the Berth Agent should be used by the General Agent;

(b) Marine casualties, claims and deviations. Attend to all matters in connection with marine casualties and resulting claims in accordance with in

2). Continental United States ports do not include ports in the states of Alaska or Hawaii.

(a) The commencement of the initial voyage shall occur in a continental U.S. port at 0001 hours of the day the vessel is tendered and accepted for use by MSTS. Subsequent voyages shall commence in a continental U.S. port at 0001 hours of the day after either of the following activities occurs:

(1) The previous voyage terminates. (2) Reduced operational status period terminates and vessel returns to full operational status.

(b) Voyages shall terminate in a continental U.S. port at 2400 hours of the day that the following action is completed:

(1) Paying off of the crew from sea articles.

(c) Since, in all instances, the voyage termination procedure takes precedence over the voyage commencement procedure and since it is mandatory that voyages terminate in a continental U.S. port, the following exception to the requirement of paragraph (b) of this section shall be effective when warranted:

(1) If the vessel completes payoff as in paragraph (b) of this section and takes departure within the same calendar day, the General Agent shall immediately inform the nearest Coast Director of Area Representative of the circumstances and submit recommendations regarding voyage termination. The resulting recommendations, decisions, and instructions shall be confirmed in writing to the General Agent, copy to Division of Operations, Washington, DC 20590.

(d) Where a vessel is employed in intermediate voyages or in cross trading outside the continental United States, the original voyage shall continue until terminated under conditions in paragraph (b) of this section.

[OPR-2, Amdt. 3, 33 FR 6710, May 2, 1968. Redesignated at 45 FR 44587, July 1, 1980]

Sec.

PART 330-LAUNCH SERVICES

. What this order does.

. Authority for launch hire.

AUTHORITY: Sec. 204, 49 Stat. 1987, as amended; 46 U.S.C. 1114.

SOURCE: OPR-3, 16 FR 12791, Dec. 20, 1951. Redesignated at 45 FR 44587, July 1, 1980, unless otherwise noted.

Section 1. What this order does.

This order prescribes the circumstances under which launch hire will be accepted by National Shipping Authority as vessel operating expense.

Sec. 2. Authority for launch hire.

Launch hire in foreign and domestic ports will be accepted by National Shipping Authority as vessel operating expense, subject to the provisions of Article 5 of GAA 3-19-51 and BAA 919-51, only under the following circumstances:

(a) When incurred by the Master of an NSA vessel, or by an agent of NSA or by his sub-agent, for the purpose of properly conducting the owners' activities and business of NSA vessels;

(b) When incurred in transporting liberty parties to or from an NSA vessel with the approval of the Master or the General Agent as properly for account of the vessel owner; and

(c) When incurred for the transportation of workmen required aboard the vessel, if the contract for the work provides that such service shall be for account of NSA, and the launch service is authorized by the representative of NSA or the agent who ordered the work to be performed for account of NSA.