« AnteriorContinuar »
221 222 223 226
Documentation, transfer or charter of vessels.
common carriers by water.
233 234 235 237 243
SUBCHAPTER C-REGULATIONS AFFECTING SUBSIDIZED VESSELS
251 261 262 271
Application for subsidies.
foreign trade. Information and procedure required under operating-differential subsidy
Part 282 283 284
Uniform system of accounts for operating-differential subsidy contractors.
under operating-differential subsidy agreements.
reconditioning, or reconstruction of ships. Establishment and maintenance of the statutory capital and special reserve
funds and for the determination of "capital necessarily employed in the
business" and "net earnings". Establishment of construction reserve funds. Insurance of construction-differential subsidy vessels and of vessels sold or
adjusted under the Merchant Ship Sales Act of 1946.
SUBCHAPTERS D-FEDERAL SHIP MORTGAGE INSURANCE
Information concerning Federal ship mortgage insurance.
SUBCHAPTER F-MERCHANT SHIP SALES ACT OF 1946
Rules and regulations, forms and citizenship requirements.
SUBCHAPTER G-EMERGENCY OPERATIONS
Cross REFERENCES: Bureau of Customs, Department of the Treasury: See Customs Duties,
19 CFR Chapter I. Coast and Geodetic Survey, Department of Commerce: See Navigation and Navigable
Waters, 33 CFR Chapter III. Coast Guard, Department of the Treasury: See Navigation and Navigable Waters, 33 CFR
Chapter 1. Foreign-Trade Zones Board: See Commerce and Foreign Trade, 15 CFR Chapter IV. Interstate Commerce Commission: See Transportation, 49 CFR Chapter I. Operation and Navigation of the Panama Canal: See Panama Canal, 35 CFR Chapter I.
SUBCHAPTER A-ORGANIZATION, PROCEDURE, AND
Part 201 Rules of Procedure
Before the Commission
Subpart A-General Information Sec. 201.1 Application of rules. 201.2 Mailing address; hours. 201.3 Computation of time. 201.4 Additional time to file documents. 201.5 Compliance with rules or orders of
Commission. 201.6 Authentication of rules or orders of
the Commission. 201.7 Inspection of records. 201.8 Certified copies; requests for. 201.9 Documents in foreign languages. 201.10 Denial of applications and notice
thereof. 201.11 Suspension, amendments, etc., of
Subpart B-Appearances 201.21 Appearances in person or by repre
sentative. 201.22 Authority for representation. 201.23 Written appearance.
Subpart - Parties 201 31 Parties; how designated. 201.32 Substitution of parties.
Subpart D-Rule Making 201.41 Petition for issuance, etc., of rule. 201.42 Notice of proposed rule making. 201.43 Participation in rule making. 201.44 Contents of rules. 201.45 Effective date of rules. Subpart Pleadings and Prehearing Procedure 201.51 Complaints. 201.52 Reparation, statute of limitations. 201.53 Joinder of actions and parties. 201.54 Satisfaction of complaint. 201.55 Answers. 201.56 Replies to answers not permitted. 201.57 Opportunity for informal settle
ment. 201.58 Voluntary payment of reparation. 201.59 Prehearing conference, 201.60 Order to show cause. 201.61 Proceedings under section 3 of the
Intercoastal Act. 201.62 Petitions for miscellaneous relief. 201.63 Motions. 201.64 Amendments or supplements to
pleadings. 201.65 Bill of particulars.
Subpart Operating-Differential Subsidy 201.71 Hearings and disposition.
Subpart - Intervention 201.81 Petition for intervention. 201.82 Appearances by persons not parties.
Subpart H-Form and Service of Documents 201.91 Form and appearance of documents
filled with Commission.
Sec. 201.92 Verification of documents, 201.93 Complaints and other documents
served by Commission, 201.94 Service of answers, exceptions,
briefs, motions, etc. 201.95 Certificate of service. 201.96 Copies of documents for use of Com
Subpart Subpenas 201.101 Subpenas. 201.102 Attendance and mileage fees. 201.103 Service of subpenas.
Subpart J-Hearings 201.111 Informal hearings. 201.112 Formal hearings. 201.113 Notice of nature of hearing, juris
diction, and issues. 201.114 Notice of time and place of hearing. 201.115 Presiding officer. 201.116 Commencement of functions of
Office of Trial Examiners. 201.117 Applications for extension or post
ponement. 201.118 Conduct of hearings. 201.119 Postponement or change of place by
presiding officer. 201.120 Disqualification of presiding or par
ticipating officer. 201.121 Rules of evidence. 201.122 Burden of proof. 201.123 Cumulative evidence. 201.124 Further evidence during bearing. 201.125 Written evidence. 201.126 Exceptions to rulings of presiding
officer unnecessary. 201.127 Documents containing matter not
material. 201.128 Copies of exhibits. 201.129 Copies of data or evidence. 201.130 Oral argument at hearings. 201.131 Records in other proceedings. 201.132 Tariffs as evidence. 201.133 Receipt of documents after hear
ing. 201.134 Record for decision. 201.135 Oficial transcript. 201.136 Corrections of transcript. 201.137 Stipulations.
Subpart K—Shortened Procedure 201.151 Selection of cases for shortened pro
cedure; consent required. 201.152 Complainant's memorandum of
facts and argument. 201.163 Respondent's answering memoran
dum. 201.154 Complainant's memorandum in
reply. 201.155 Service of memoranda upon and by
interveners. 201.156 Contents of memoranda. 201.157 Procedure after filing of memoSubpart 1-Depositions Sec. 201.171 Requests for orders to take; time of
filing; contents. 201.172 Contents of order. 201.173 Record of examination; oath; ob
jections. 201.174 Submission to witness; changes;
signing. 201.175 Certification and filling by officer;
copies. 201.176 Waiver of objections and admissi
bility. 201.177 Time of filing. 201.178 Inclusion in record. 201.179 Witness fees; expenses of taking
depositions. 201.180 Depositions taken or authorized by
presiding officer. Subpart M-Briefs, Requests for Findings, and
Decisions 201.191 Briefs; requests for findings. 201.192 Extension of time for filing briefs. 201.193 Authority to make decisions. 201.194 Separation of functions. 201.195 Initial, recommended, tentative,
and final decisions. 201.196 Decision based on matter outside of
record. 201.197 Exceptions. 201.198 Extension of time for filing excep
tions. 201.199 Certification of record by presiding
or other oficer.
Subpart N—Oral Argument 201.211 Oral argument.
Subpart 0-Reparation Statements 201.221 Proof on award of reparation. 201.222 Reparation statements. Subpart P-Rearguments, Reconsideration, Peti
tions To Take Further Evidence or for Modifica
tion of Rules or Orders 201.231 Petition for reargument, etc. 201.232 Stay of rule or order. 201.233 Time for filing petition for reargu
ment, etc. 201.234 Replies to petitions for reargument,
Subpart Q-Judicial Review 201.241 Appeal necessary before judicial re
view. Appendix I-Schedule of Information for
Presentation in Regulatory Cases
AUTHORITY: $8 201.1 to 201.241 issued under sec. 204, 49 Stat. 1987, as amended; 46 U.S. C. 1114.
SOURCE: $ $201.1 to 201.241 contained in Revised General Order 41, 12 F. R. 6076.
SUBPART A-GENERAL INFORMATION $ 201.1 Application of rules. The rules in this part govern procedure before the Commission under the Shipping Act,
1916, as amended, Merchant Marine Act, 1936, as amended, Administrative Procedure Act, and related acts, except as may be provided otherwise by the Commission.
§ 201.2 Mailing address; hours. Documents required to be filed in and correspondence relating to proceedings governed by the rules in this part should be addressed to “United States Maritime Commission, Washington 25, D. C." The hours of the Commission are from 8:45 a. m. to 5:15 p. m., Monday to Friday, inclusive, except legal holidays.
§ 201.3 Computation of time. In computing any period of time under the rules in this part, except § 201.52, the time begins with the day following the act, event, or default, and includes the last day of the period, unless it is a Saturday, Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or a holiday. When the period of time prescribed or allowed is less than seven (7) days, intermediate Saturdays, Sundays, and holidays shall be excluded from the computation.
$ 201.4 Additional time to file documents. Parties in the States of Washington, Oregon, and California, and parties who reside beyond continental United States, and their agents or attorneys, are allowed five (5) additional days for filing documents. This section, however, shall not apply where a limitation of time is fixed by statute, nor shall it apply to applications for extension of time to file briefs or to file memoranda excepting to or in support of decisions, or to documents or other writings submitted for the record after the close of hearing.
8 201.5 Compliance with rules or orders of Commission. Persons named in a rule or order must notify the Commission during business hours on or before the day on which such rule or order becomes effective whether they have complied therewith and, if so, the manner in which compliance has been made. If a change in rates is required, the notification must specify the tariffs which effect the changes.
$ 201.6 Authentication of rules or orders of the Commission. All rules or orders issued in any proceeding covered by the rules in this part shall, unless otherwise specifically provided by the Commission, be signed by the Secretary of the Commission in the name of the
Commission, and shall be authenticated by the seal of the Commission.
$201.7 Inspection of records. The files and records of the Commission, except those held by the Commission for good cause to be confidential and not cited as precedents, shall be open to inspection as follows:
(a) Tariffs and agreements required to be filed with the Commission pursuant to statute or rule or order of the Commission may be inspected during business hours in the Division of Regulation at Washington.
(b) All pleadings, depositions, exhibits, transcripts of testimony, decisions (initial, recommended, tentative, and final), exceptions, briefs, rules, and orders in any proceeding under the Shipping Act, 1916, as amended, the Merchant Marine Act, 1936, as amended, and related acts, may be inspected at the Washington office of the Commission. Volumes of United States Maritime Commission reports may be purchased from the Government Printing Office, Washington 25, D. C. Copies of individual decisions may be secured from the Commission, upon request or may be examined in the regional offices of the Commission.
(c) Other files relating to proceedings under the rules in this part may be inspected in the discretion of the Commission upon written request, describing in detail the documents of which inspection is desired, and the reasons therefor.
$ 201.8 Certified copies; requests for. Copies of documents which may be inspected subject to the provisions of $201.7 will be prepared and certified by the Secretary under the seal of the Commission if written request is made specifying the exact documents, the number of copies desired, and the date on which the same will be required. Such request must permit a reasonable time for the preparation of copies. The cost of preparing copies shall be paid by the applicant.
$ 201.9 Documents in foreign languages. Every document, exhibit or other paper written in a language other than English, and filled with the Commission or offered in evidence in any proceeding before the Commission under the rules in this part, or in response to any rule or order of the Commission, pursuant to this part, shall be filled or
offered in the language in which it is written, and accompanied by an English translation thereof duly verified under oath to be a true translation.
$ 201.10 Denial of applications and notice thereof. Except in affirming a prior denial or where the denial is selfexplanatory, prompt written notice will be given of the denial in whole or in part of any written application, petition, or other request made in connection with any proceeding under the rules in this part, such notice to be accompanied by a simple statement of procedural or other grounds for the denial, and any other or further administrative remedies or recourse applicant may have where the denial is based on procedural grounds.
$ 201.11 Suspension, amendment, etc., of rules. The rules in this part may, from time to time, be suspended, amended, or revoked, in whole or in part. Notice of any such action will be published in the FEDERAL REGISTER.
SUBPART B-APPEARANCES § 201.21 Appearances in person or by representative. A party may appear in person or by an officer, partner, or regular employee of the party or by or with counsel or other duly qualified representative in any proceeding under the rules in this part. One who appears under this section may testify, produce and examine witnesses, and be heard upon brief and at oral argument if oral argument is granted.
CROSS REFERENCE: See $ 222.1 of this chapter. For regulations concerning practice before the Commission, see Part 203 of this chapter (Revised General Order 21).
$ 201.22 Authority for representation. Any individual acting in a representative capacity in any proceeding before the Commission may be required to show his authority to act in such capacity.
$ 201.23 Written appearance. Persons who appear at any hearing shall deliver a written notation of appearance to the reporter, stating for whom the appearance is made. The written appearance shall be made a part of the record.
SUBPART C-PARTIES $ 201.31 Parties; how designated. The term "party", wherever used in this part, shall include any natural person, corporation, association, firm, partnership, trustee, receiver, agency, or public