waived to the extent that United States citizens with appropriate ratings are not available for employment in the unlicensed crew of subsidized vessels of the United States, but in no event to exceed twenty-five per centum of such entire unlicensed crew. The employment of aliens to supply such deficiencies, as herein authorized, shall be permitted only to the extent of the non-availability of United States citizens, as determined after reasonable efforts made by the master, owner and others concerned to secure the employment of United States citizens, and in no event to exceed twenty-five per centum of the entire unlicensed crew employed on any subsidized vessel of the United States; Provided,

That such aliens as are employed under this waiver authority shall have served between December 7, 1941, and September 2, 1945, aboard vessels operated by the War Shipping Administration, the United States Maritime Commission, or the Army Transport Service, and shall present to the Shipping Commissioner or master of the vessel at the time of being employed authentic evidence of such service. This evidence shall consist of a certificate of discharge or other properly authenticated record of service showing the name of the vessel and the dates employed thereon. [CGFR 47-39, July 31, 1947, effective Aug. 1, 1947, 12 F.R. 5342]

NOTE: For interpretation of the waiver set forth above, see § 3.13-26, supra.

Appeal necessary before judicial review.

Appendix I-Schedule of Information For Presentation in Regulatory Cases

Appendix II-Approved Forms AUTHORITY: §§ 201.1 to 201.241, inclusive, issued under sec. 204 (b), 49 Stat. 1987, secs. 3, 12, 60 Stat. 238, 244; 46 U. S. C. 1114 (b), 5 U.S.C., 1002, 1011.

SOURCE: §§ 201.1 to 201.241, inclusive, contained in Revised General Order 41, United States Maritime Commission, Aug. 19, 1947, 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.

§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, 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 filed 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 filed 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.