{"database": "openregs", "table": "cfr_sections", "is_view": false, "human_description_en": "where part_number = 296 sorted by section_id", "rows": [["14:14:4.0.1.1.46.1.8.1", 14, "Aeronautics and Space", "II", "A", "296", "PART 296\u2014INDIRECT AIR TRANSPORTATION OF PROPERTY", "A", "Subpart A\u2014General", "", "\u00a7 296.1 Purpose.", "FAA", "", "", "[ER-1257, 46 FR 52591, Oct. 27, 1981, as amended at 60 FR 43527, Aug. 22, 1995]", "This part establishes rules for the indirect air transportation of property. It creates a class of air carriers to provide this air transportation and grants exemptions from certain provisions of the Subtitle VII of Title 49 of the United States Code (Transportation)."], ["14:14:4.0.1.1.46.1.8.2", 14, "Aeronautics and Space", "II", "A", "296", "PART 296\u2014INDIRECT AIR TRANSPORTATION OF PROPERTY", "A", "Subpart A\u2014General", "", "\u00a7 296.2 Applicability.", "FAA", "", "", "", "This part applies to air transportation of property by indirect cargo air carriers, and to persons entering into control relationships with indirect cargo air carriers."], ["14:14:4.0.1.1.46.1.8.3", 14, "Aeronautics and Space", "II", "A", "296", "PART 296\u2014INDIRECT AIR TRANSPORTATION OF PROPERTY", "A", "Subpart A\u2014General", "", "\u00a7 296.3 Indirect cargo air carrier.", "FAA", "", "", "[ER-1261, 46 FR 54727, Nov. 4, 1981, as amended by Doc. No. 47939, 57 FR 40103, Sept. 2, 1992; DOT-OST-2014-0140, 84 FR 15934, Apr. 16, 2019]", "An indirect cargo air carrier is any U.S. citizen who undertakes to engage indirectly in air transportation of property, and uses for the whole or any part of such transportation the services of an air carrier or a foreign air carrier that directly engages in the operation of aircraft under a certificate, regulation, order, or permit issued by the Department of Transportation or its predecessor to the extent that those actions, by law, are still in effect, or the services of its agent, or of another indirect cargo air carrier."], ["14:14:4.0.1.1.46.1.8.4", 14, "Aeronautics and Space", "II", "A", "296", "PART 296\u2014INDIRECT AIR TRANSPORTATION OF PROPERTY", "A", "Subpart A\u2014General", "", "\u00a7 296.4 Joint loading.", "FAA", "", "", "", "Nothing in this part shall preclude joint loading, meaning the pooling of shipments and their delivery to a direct air carrier for transportation as one shipment, under an agreement between two or more indirect air carriers or foreign indirect air carriers."], ["14:14:4.0.1.1.46.1.8.5", 14, "Aeronautics and Space", "II", "A", "296", "PART 296\u2014INDIRECT AIR TRANSPORTATION OF PROPERTY", "A", "Subpart A\u2014General", "", "\u00a7 296.5 Agency relationships.", "FAA", "", "", "", "An indirect cargo air carrier may act as agent of a shipper, or of a direct air carrier that has authorized such agency, rather than as an air carrier, if it expressly reserves the option to do so when the shipment is accepted."], ["14:14:4.0.1.1.46.1.8.6", 14, "Aeronautics and Space", "II", "A", "296", "PART 296\u2014INDIRECT AIR TRANSPORTATION OF PROPERTY", "A", "Subpart A\u2014General", "", "\u00a7 296.6 Public disclosure of cargo liability limits and insurance.", "FAA", "", "", "", "Every indirect cargo air carrier shall give notice in writing to the shipper, when any shipment is accepted, of the existence or absence of cargo liability accident insurance, and of the limits on the extent of its liability, if any. The notice shall be clear and conspicuously included on or attached to all of its rate sheets and airwaybills."], ["14:14:4.0.1.1.46.2.8.1", 14, "Aeronautics and Space", "II", "A", "296", "PART 296\u2014INDIRECT AIR TRANSPORTATION OF PROPERTY", "B", "Subpart B\u2014Exemption for Indirect Air Transportation of Property", "", "\u00a7 296.10 Exemption from the Statute.", "FAA", "", "", "[ER-1261, 46 FR 54727, Nov. 4, 1981, as amended by ER-1335, 48 FR 22705, May 20, 1983; ER-1381, 49 FR 25226, June 20, 1984, 50 FR 31142, July 31, 1985; 60 FR 43527, Aug. 22, 1995; DOT-OST-2014-0140, 84 FR 15934, Apr. 16, 2019]", "(a) Indirect cargo air carriers are exempted from the provisions of 49 U.S.C. Subtitle VII only if and so long as they comply with the provisions of this part and its conditions, and to the extent necessary to permit them to organize and arrange their air freight shipments to provide indirect air transportation, except for the following sections:\n\n(1) Section 41510(b) (solicitation of rebates). However, indirect cargo air carriers are exempt from section 41510(b) to the extent necessary to permit them to solicit, accept, or receive fees from direct air carriers.\n\n(2) Section 41702 to the extent required to provide safe service, equipment, and facilities in connection with air transportation.\n\n(3) Section 41310 (nondiscrimination) with respect to foreign air transportation.\n\n(4) Section 41708 (accounts, records, and reports) and section 41709 (inspection of accounts and property);\n\n(5) Section 41712 (unfair or deceptive practices or method of competition);\n\n(6) Section 40102(b) (form of control); and\n\n(7) Section 41711 (inquiry into air carrier management).\n\n(b)-(c) [Reserved]\n\n(d) Direct air carriers are exempted from Chapter 415 of 49 U.S.C. Subtitle VII to the extent necessary to permit them to pay, directly or indirectly, fees to indirect cargo air carriers."], ["14:14:4.0.1.1.46.3.8.1", 14, "Aeronautics and Space", "II", "A", "296", "PART 296\u2014INDIRECT AIR TRANSPORTATION OF PROPERTY", "C", "Subpart C\u2014Violations", "", "\u00a7 296.20 Enforcement.", "FAA", "", "", "[ER-1261, 46 FR 54727, Nov. 4, 1981, as amended by Doc. No. 47939, 57 FR 40103, Sept. 2, 1992; 60 FR 43527, Aug. 22, 1995; DOT-OST-2014-0140, 84 FR 15934, Apr. 16, 2019]", "In case of any violation of any of the provisions of 49 U.S.C. Subtitle VII, or of this part, or any other rule, regulation, or order issued under the Statute, the violator may be subject to a proceeding under section 46101 of 49 U.S.C. Subtitle VII before the Department, or sections 46106 through 46108 of 49 U.S.C. Subtitle VII before a U.S. District Court, as the case may be, to compel compliance. The violator may also be subject to civil penalties under the provisions of section 46301 of 49 U.S.C. Subtitle VII, or other lawful sanctions."], ["44:44:1.0.1.5.61.1.10.1", 44, "Emergency Management and Assistance", "I", "E", "296", "PART 296\u2014HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE", "A", "Subpart A\u2014General", "", "\u00a7 296.1 Purpose.", "FEMA", "", "", "", "This part implements the Hermit's Peak/Calf Canyon Fire Assistance Act (Act), Division G of Public Law 117-180, 136 Stat. 2114, 2168, which requires the Federal Emergency Management Agency (FEMA) to establish the Office of Hermit's Peak/Calf Canyon Fire Claims (\u201cClaims Office\u201d) to receive, evaluate, process, and pay actual compensatory damages for injuries resulting from the Hermit's Peak/Calf Canyon Fire."], ["44:44:1.0.1.5.61.1.10.2", 44, "Emergency Management and Assistance", "I", "E", "296", "PART 296\u2014HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE", "A", "Subpart A\u2014General", "", "\u00a7 296.2 Policy.", "FEMA", "", "", "", "It is our policy to provide for the expeditious resolution of damage claims through a process that is administered with sensitivity to the burdens placed upon claimants by the Hermit's Peak/Calf Canyon Fire."], ["44:44:1.0.1.5.61.1.10.3", 44, "Emergency Management and Assistance", "I", "E", "296", "PART 296\u2014HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE", "A", "Subpart A\u2014General", "", "\u00a7 296.3 Information and assistance.", "FEMA", "", "", "", "Information and assistance concerning the Act is available from the Claims Office, Federal Emergency Management Agency online at  https://www.fema.gov/hermits-peak."], ["44:44:1.0.1.5.61.1.10.4", 44, "Emergency Management and Assistance", "I", "E", "296", "PART 296\u2014HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE", "A", "Subpart A\u2014General", "", "\u00a7 296.4 Definitions.", "FEMA", "", "", "", "Administrative Appeal  means an appeal of the Authorized Official's Determination to the Director of the Claims Office in accordance with the provisions of Subpart E of this part.\n\nAdministrative Record  means all information submitted by the claimant and all information collected by FEMA concerning the claim, which is used to evaluate the claim and to formulate the Authorized Official's Determination. It also means all information that is submitted by the claimant or FEMA in an Administrative Appeal and the decision of the Administrative Appeal. It excludes the opinions, memoranda and work papers of FEMA attorneys and drafts of documents prepared by Claims Office personnel and contractors.\n\nAdministrator  means the Administrator of the Federal Emergency Management Agency.\n\nArbitration Administrator  means the FEMA official responsible for administering arbitration procedures to resolve disputes regarding a claim. Contact information for the Arbitration Administrator can be found online at  https://www.fema.gov/hermits-peak.\n\nAuthorized Official  means an employee of the United States who is delegated with authority by the Director of the Claims Office to render binding determinations on claims and to determine compensation due to claimants under the Act.\n\nAuthorized Official's Determination  means a report signed by an Authorized Official and mailed to the claimant evaluating each element of the claim as stated in the Proof of Loss and determining the compensation, if any, due to the claimant.\n\nClaimant  means a person who has filed a Notice of Loss under the Act.\n\nClaims Office  means the Office of Hermit's Peak/Calf Canyon Fire Claims.\n\nClaims Reviewer  means an employee of the United States or a Claims Office contractor or subcontractor who is authorized by the Director of the Claims Office to review and evaluate claims submitted under the Act.\n\nDays  means calendar days, including weekends and holidays.\n\nDirector  means an Independent Claims Manager appointed by the Administrator who will serve as the Director of the Claims Office.\n\nGood Cause,  for purposes of extending the deadline for filing, supplementing a claim, or reopening a claim includes, but is not limited to: instances where a claimant, through no fault of their own, may not be able to access needed documentation in time to submit a claim or transmit relevant information or data; or where damage is found after a claim has been submitted; or other instances in which the Director of the Claims Office, in their discretion, determines that an undue hardship or change in circumstances on the claimant warrants an extension of a deadline or the supplementation or reopening of existing claims.\n\nHermit's Peak/Calf Canyon Fire  means:\n\n(1) The fire resulting from the initiation by the U.S. Forest Service of a prescribed burn in the Santa Fe National Forest in San Miguel County, New Mexico on April 6, 2022;\n\n(2) The pile burn holdover resulting from the prescribed burn by the U.S. Forest Services which reemerged on April 19, 2022; and\n\n(3) The merger of the two fires described in paragraphs (1) and (2) of this definition, reported as the Hermit's Peak Fire or the Hermit's Peak Fire/Calf Canyon Fire.\n\nHousehold  means a group of people, related or unrelated, who live together on a continuous basis and does not include members of an extended family who do not regularly and continuously cohabit.\n\nHousehold Including Tribal Members  means a Household that existed on April 6, 2022, which included one or more Tribal Members as continuous residents.\n\nIndian Tribe  means the recognized governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or components reservation individually identified (including parenthetically) in the list published most recently as of September 30, 2022, pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994.\n\nIndividual Assistance  means the FEMA program established under subchapter IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, 42 U.S.C. 5121,  et seq.,  which provides assistance to individuals and families adversely affected by a major disaster or an emergency.\n\nInjured Person  means an individual, regardless of citizenship or alien status; or an Indian Tribe, Tribal corporation, corporation, partnership, company, association, county, township, city, State, school district, or other non-Federal entity that suffered injury resulting from the Hermit's Peak/Calf Canyon Fire. The term Injured Person includes an Indian Tribe with respect to any claim relating to property or natural resources held in trust for the Indian Tribe by the United States. Lenders holding mortgages or security interests on property affected by the Hermit's Peak/Calf Canyon Fire and lien holders are not an \u201cInjured Person\u201d for purposes of the Act.\n\nInjury  means \u201cinjury or loss of property, or personal injury or death,\u201d as used in the Federal Tort Claims Act, 28 U.S.C. 1346(b)(1).\n\nNotice of Loss  means a form supplied by the Claims Office through which an Injured Person or Subrogee makes a claim for possible compensation under the Act.\n\nProof of Loss  means a statement attesting to the nature and extent of the claimant's injuries.\n\nPublic Assistance Program  means the FEMA program established under Subchapter IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, 42 U.S.C. 5121,  et seq.,  which provides grants to States, local governments, Indian Tribes and private nonprofit organizations for emergency measures and repair, restoration, and replacement of damaged facilities.\n\nRelease and Certification Form  means a document in the manner prescribed by section 104(e) of the Act that all claimants who have received or are awarded compensatory damages under the Act must execute and return to the Claims Office as required by \u00a7 296.30(c).\n\nSubrogee  means an insurer or other third party that has paid to a claimant compensation for Injury and is subrogated to any right that the claimant has to receive payment under the Act.\n\nSubsistence Resources  means food and other items obtained through hunting, fishing, firewood and other natural resource gathering, timbering, grazing or agricultural activities undertaken by the claimant without financial remuneration, on land damaged by the Hermit's Peak/Calf Canyon Fire.\n\nTribal Member  means an enrolled member of an Indian Tribe."], ["44:44:1.0.1.5.61.1.10.5", 44, "Emergency Management and Assistance", "I", "E", "296", "PART 296\u2014HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE", "A", "Subpart A\u2014General", "", "\u00a7 296.5 Overview of the claims process.", "FEMA", "", "", "", "(a) The Act is intended to provide persons who suffered Injury from the Hermit's Peak/Calf Canyon Fire with a simple, expedited process to seek compensation from the United States. This section provides a brief explanation of the claims process for claims other than subrogation claims. It is not intended to supersede the more specific regulations that follow and explain the claims process in greater detail. To obtain compensation under the Act, an Injured Person must submit all Hermit's Peak/Calf Canyon Fire related claims against the United States or any employee, officer, or agency of the United States to the FEMA Claims Office. An Injured Person who elects to accept an award under the Act is barred from accepting an award pursuant to a claim under the Federal Tort Claims Act or a civil action against the United States or any employee, officer, or agency of the United States arising out of or relating to the same subject matter. Judicial review of FEMA decisions under the Act is available.\n\n(b) The first step in the process is to file a Notice of Loss with the Claims Office. The Claims Office will provide the claimant with a written acknowledgement that the claim has been filed and a claim number.\n\n(c) Shortly thereafter, a Claims Reviewer will contact the claimant to review the claim. Claims Reviewer will help the claimant formulate a strategy for obtaining any necessary documentation or other support. This assistance does not relieve the claimant of their responsibility for establishing all elements of the injuries and the compensatory damages that are sought, including that the Hermit's Peak/Calf Canyon Fire caused the injuries. After the claimant has had an opportunity to discuss the claim with the Claims Reviewer, a Proof of Loss will be presented to the claimant for signature. After any necessary documentation has been obtained and the claim has been fully evaluated, the Claims Reviewer will submit a report to the Authorized Official. The Claims Reviewer is responsible for providing an objective evaluation of the claim to the Authorized Official.\n\n(d) The Authorized Official will review the report and determine whether compensation is due to the claimant. The claimant will be notified in writing of the Authorized Official's determination. If the claimant is satisfied with the decision, payment will be made after the claimant returns a completed Release and Certification Form. If the claimant is dissatisfied with the Authorized Official's determination, an administrative appeal may be filed with the Director of the Claims Office. If the claimant remains dissatisfied after the appeal is decided, the dispute may be resolved through binding arbitration or heard in the United States District Court for the District of New Mexico."], ["44:44:1.0.1.5.61.1.10.6", 44, "Emergency Management and Assistance", "I", "E", "296", "PART 296\u2014HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE", "A", "Subpart A\u2014General", "", "\u00a7\u00a7 296.6-296.9 [Reserved]", "FEMA", "", "", "", ""], ["44:44:1.0.1.5.61.2.10.1", 44, "Emergency Management and Assistance", "I", "E", "296", "PART 296\u2014HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE", "B", "Subpart B\u2014Bringing a Claim Under the Hermit's Peak/Calf Canyon Fire Assistance Act", "", "\u00a7 296.10 Filing a claim under the Hermit's Peak/Calf Canyon Fire Assistance Act.", "FEMA", "", "", "", "(a) Any Injured Person may bring a claim under the Act by filing a Notice of Loss. A claim submitted on any form other than a Notice of Loss will not be accepted. The claimant must provide a brief description of each injury on the Notice of Loss.\n\n(b) A single Notice of Loss may be submitted on behalf of a household containing Injured Persons provided that all Injured Persons on whose behalf the claim is presented are identified.\n\n(c) The Notice of Loss must be signed by each claimant, if the claimant is an individual, or by a duly authorized legal representative of each claimant, if the claimant is an entity or an individual who lacks the legal capacity to sign the Notice of Loss. If one is signing a Notice of Loss as the legal representative of a claimant, the signer must disclose their relationship to the claimant. FEMA may require a legal representative to submit evidence of their authority to act.\n\n(d) The Claims Office will provide Notice of Loss forms through the mail, electronically, in person at the Claims Office or by telephone request. The Notice of Loss form can also be downloaded from the internet at  https://www.fema.gov/hermits-peak.\n\n(e) A Notice of Loss may be filed with the Claims Office by mail, electronically, or in person. Details regarding the filing process can be found at  https://www.fema.gov/hermits-peak.\n\n(f) A Notice of Loss that is completed and properly signed is deemed to be filed on the date it is received and acknowledged by the Claims Office."], ["44:44:1.0.1.5.61.2.10.2", 44, "Emergency Management and Assistance", "I", "E", "296", "PART 296\u2014HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE", "B", "Subpart B\u2014Bringing a Claim Under the Hermit's Peak/Calf Canyon Fire Assistance Act", "", "\u00a7 296.11 Deadline for notifying FEMA of injuries.", "FEMA", "", "", "", "The deadline for filing a Notice of Loss is November 14, 2024. Except as provided in \u00a7 296.35 with respect to a request to reopen a claim, an injury that has not been described: on a Notice of Loss, on a supplement to a Notice of Loss or a request to supplement a Notice of Loss under \u00a7 296.34 received by the Claims Office on or before November 14, 2024 cannot be compensated under the Act. The Act establishes this deadline and does not provide any extensions of the filing deadline."], ["44:44:1.0.1.5.61.2.10.3", 44, "Emergency Management and Assistance", "I", "E", "296", "PART 296\u2014HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE", "B", "Subpart B\u2014Bringing a Claim Under the Hermit's Peak/Calf Canyon Fire Assistance Act", "", "\u00a7 296.12 Election of remedies.", "FEMA", "", "", "", "(a) An Injured Person who accepts a final award under the Act waives the right to pursue all claims for injuries arising out of or relating to the same subject matter against the United States or any employee, officer, or agency of the United States through the Federal Tort Claims Act or a civil action authorized by any other provision of law.\n\n(b) An Injured Person who accepts a final award through a Federal Tort Claims Act claim or a civil action against the United States or any employee, officer, or agency of the United States relating to the Hermit's Peak/Calf Canyon Fire waives the right to pursue any claim arising out of or relating to the same subject matter under the Act."], ["44:44:1.0.1.5.61.2.10.4", 44, "Emergency Management and Assistance", "I", "E", "296", "PART 296\u2014HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE", "B", "Subpart B\u2014Bringing a Claim Under the Hermit's Peak/Calf Canyon Fire Assistance Act", "", "\u00a7 296.13 Subrogation.", "FEMA", "", "", "", "An insurer or other third party with the rights of a subrogee, who has compensated an injured person for Hermit's Peak/Calf Canyon Fire related injuries, may file a Notice of Loss under the Act for the subrogated claim. A subrogee may file a Notice of Loss without regard to whether the Injured Person who received payment from the subrogee filed a Notice of Loss. A Subrogation Notice of Loss should be filed after the subrogee has made all payments that it believes the Injured Person is entitled to receive for Hermit's Peak/Calf Canyon Fire related injuries under the terms of the insurance policy or other agreement between the subrogee and the Injured Person, but not later than November 14, 2024. By filing a Notice of Loss for any subrogated claim, the subrogee elects the Act as its exclusive remedy against the United States or any employee, officer, or agency of the United States for all subrogated claims arising out of the Hermit's Peak/Calf Canyon Fire. Subrogation claims must be made on a Notice of Loss form furnished by the Claims Office and such claims will be paid only after paying claims submitted by injured persons that are not insurance companies seeking payment as subrogees."], ["44:44:1.0.1.5.61.2.10.5", 44, "Emergency Management and Assistance", "I", "E", "296", "PART 296\u2014HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE", "B", "Subpart B\u2014Bringing a Claim Under the Hermit's Peak/Calf Canyon Fire Assistance Act", "", "\u00a7 296.14 Assignments.", "FEMA", "", "", "", "Assignment of claims and the right to receive compensation for claims under the Act is prohibited and will not be recognized by FEMA."], ["44:44:1.0.1.5.61.2.10.6", 44, "Emergency Management and Assistance", "I", "E", "296", "PART 296\u2014HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE", "B", "Subpart B\u2014Bringing a Claim Under the Hermit's Peak/Calf Canyon Fire Assistance Act", "", "\u00a7\u00a7 296.15-296.19 [Reserved]", "FEMA", "", "", "", ""], ["44:44:1.0.1.5.61.3.10.1", 44, "Emergency Management and Assistance", "I", "E", "296", "PART 296\u2014HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE", "C", "Subpart C\u2014Compensation Available Under the Hermit's Peak/Calf Canyon Fire Assistance Act", "", "\u00a7 296.20 Prerequisite to compensation.", "FEMA", "", "", "", "In order to receive compensation under the Act, a claimant must be an Injured Person who suffered an injury as a result of the Hermit's Peak/Calf Canyon Fire and sustained damages."], ["44:44:1.0.1.5.61.3.10.2", 44, "Emergency Management and Assistance", "I", "E", "296", "PART 296\u2014HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE", "C", "Subpart C\u2014Compensation Available Under the Hermit's Peak/Calf Canyon Fire Assistance Act", "", "\u00a7 296.21 Allowable damages.", "FEMA", "", "", "", "(a)  Allowable damages.  The Act provides for the payment of actual compensatory damages for injury or loss of property, business loss, and financial loss. The laws of the State of New Mexico will apply to the calculation of damages. Damages must be reasonable in amount.\n\n(b)  Exclusions.  Punitive damages, statutory damages under section 30-32-4 of the New Mexico Statutes Annotated (2019), interest on claims, attorney's fees and agents' fees incurred in prosecuting a claim under the Act or an insurance policy, and adjusting costs incurred by an insurer or other third party with the rights of a subrogee that may be owed by a claimant as a consequence of receiving an award are not recoverable from FEMA. The cost to a claimant of prosecuting a claim under the Act does not constitute compensatory damages and is not recoverable from FEMA, except as provided in \u00a7 296.31(b).\n\n(c)  Loss of property.  Compensatory damages may be awarded for an uninsured or underinsured property loss, a decrease in the value of real property, damage to physical infrastructure, cost resulting from lost subsistence, cost of reforestation or revegetation not covered by any other Federal program, and any other loss that the Administrator determines to be appropriate for inclusion as a loss of property.\n\n(1)  Real property and contents.  Compensatory damages for the damage or destruction of real property and its contents may include the reasonable cost of reconstruction of a structure comparable in design, construction materials, size, and improvements, taking into account post-fire construction costs in the community in which the structure existed before the fire and current building codes and standards. Compensatory damages may also include the cost of removing debris and burned trees, including hazardous materials or soils, stabilizing the land, replacing contents, and compensation for any decrease in the value of land on which the structure sat pursuant to paragraph (c)(3) of this section.\n\n(2)  Reforestation and revegetation.  Compensatory damages may be awarded for the cost of replacement of destroyed trees and landscaping.\n\n(3)  Decrease in the value of real property.  Compensatory damages may be awarded for a decrease in the value of real property that a claimant owned before the Hermit's Peak/Calf Canyon Fire if:\n\n(i) The claimant sells the real property in a good faith, arm's length transaction that is closed no later than November 14, 2024 and realizes a loss in the pre-fire value; or\n\n(ii) The claimant can establish that the value of the real property was significantly diminished long-term as a result of the Hermit's Peak/Calf Canyon Fire.\n\n(4)  Subsistence.  Compensatory damages will be awarded for lost Subsistence Resources.\n\n(i) FEMA may reimburse an injured party for the reasonable cost of replacing Subsistence Resources customarily and traditionally used by the claimant on or before April 6, 2022, but no longer available to the claimant as a result of the Hermit's Peak/Calf Canyon Fire. For each category of Subsistence Resources, the claimant must elect to receive compensatory damages either for the increased cost of obtaining Subsistence Resources from lands not damaged by the Hermit's Peak/Calf Canyon Fire or for the cost of procuring substitute resources in the cash economy.\n\n(ii) FEMA may consider evidence submitted by claimants, Indian Tribes, and other knowledgeable sources in determining the nature and extent of a claimant's subsistence uses.\n\n(iii) Compensatory damages for subsistence losses will be paid for the period between April 6, 2022 and the date when Subsistence Resources can reasonably be expected to return to the level of availability that existed before the Hermit's Peak/Calf Canyon Fire. FEMA may rely upon the advice of experts in making this determination.\n\n(iv) Long-term damage awards for subsistence resources will be made to claimants in the form of lump sum cash payments.\n\n(5)  Physical infrastructure.  Compensatory damages may be awarded for the damage to physical infrastructure, including damages to irrigation infrastructure such as acequia systems.\n\n(d)  Business loss.  Compensatory damages may be awarded for damage to tangible assets or inventory, including timber, crops, and other natural resources; business interruption losses; overhead costs; employee wages for work not performed; loss of business net income; and any other loss that the Administrator determines to be appropriate for inclusion as a business loss.\n\n(e)  Financial loss.  Compensatory damages may be awarded for increased mortgage interest costs, insurance deductibles, temporary living or relocation expenses, lost wages or personal income, emergency staffing expenses, debris removal and other cleanup costs, costs of reasonable heightened risk reduction, premiums for flood insurance, and any other loss that the Administrator determines to be appropriate for inclusion as financial loss.\n\n(1)  Recovery loans.  FEMA will reimburse claimants awarded compensation under the Act for interest paid on loans, including Small Business Administration disaster loans obtained after April 6, 2022 for damages resulting from the Fire. Interest will be reimbursed for the period beginning on the date that the loan was taken out and ending on the date when the claimant receives a compensation award (other than a partial payment). Claimants are required to use the proceeds of their compensation award to repay Small Business Administration disaster loans. FEMA will cooperate with the Small Business Administration to formulate procedures for assuring that claimants repay Small Business Administration disaster loans contemporaneously with the receipt of their compensation award.\n\n(2)  Flood insurance.  FEMA will reimburse claimants for flood insurance premiums to be paid on or before May 31, 2024 if, as a result of the Hermit's Peak/Calf Canyon Fire, a claimant who was not required to purchase flood insurance before the Hermit's Peak/Calf Canyon Fire is required to purchase flood insurance or the claimant did not maintain flood insurance before the Fire but purchased flood insurance after the Fire due to fear of heightened flood risk. Alternatively, FEMA may provide flood insurance to such claimants directly through a group or blanket policy.\n\n(3)  Out of pocket expenses for treatment of mental health conditions.  FEMA may reimburse an individual claimant for reasonable out of pocket expenses incurred for treatment of a mental health condition rendered by a licensed mental health professional, which condition resulted from or was worsened by the Hermit's Peak/Calf Canyon Fire. FEMA will not reimburse for treatment identified after November 14, 2024.\n\n(4)  Donations.  FEMA will compensate claimants for the cost of merchandise, use of equipment or other non-personal services, directly or indirectly donated to survivors of the Hermit's Peak/Calf Canyon Fire not later than November 14, 2022. Donations will be valued at cost.\n\n(5)  Heightened risk reduction.  FEMA will reimburse claimants for the costs incurred to implement reasonable measures necessary to reduce risks from natural hazards heightened by the Hermit's Peak/Calf Canyon Fire to the level of risk prevailing before the Hermit's Peak/Calf Canyon Fire. Such measures may include, for example, risk reduction projects that reduce an increased risk from flooding, mudslides, and landslides in and around burn scars. Claimants seeking compensation for heightened risk reduction must include the claim in their Notice of Loss by November 14, 2024 or an amended Notice of Loss filed no later than November 14, 2025. Claimants should take into account current building codes and standards and must complete the risk reduction project for which they receive compensation.\n\n(f)  Insurance and other benefits.  The Act allows FEMA to compensate Injured Persons only for damages not paid, and that will not be paid, by insurance or other third-party payments or settlements.\n\n(1)  Insurance.  Claimants who carry insurance will be required to disclose the name of the insurer(s) and the nature of the insurance and provide the Claims Office with such insurance documentation as the Claims Office reasonably requests.\n\n(2)  Coordination with FEMA's Public Assistance Program.  Injured Persons eligible for disaster assistance under FEMA's Public Assistance Program are expected to apply for all available assistance. Pursuant to the Act, the Federal share of the costs for Public Assistance projects is 100 percent. Compensation will not be awarded under the Act for injuries or costs that are eligible under the Public Assistance Program.\n\n(3)  Benefits provided by FEMA's Individual Assistance program.  Compensation under the Act will not be awarded for injuries or costs that have been reimbursed under the Federal Assistance to Individual and Households Program or any other FEMA Individual Assistance Program.\n\n(4)  Worker's compensation claims.  Individuals who have suffered injuries that are compensable under State or Federal worker's compensation laws must apply for all benefits available under such laws.\n\n(5)  Benefits provided by non-governmental organizations and individuals.  Gifts or donations made to a claimant by a non-governmental organization or an individual, other than wages paid by the claimant's employer or insurance payments, will be disregarded in evaluating claims and need not be disclosed to the Claims Office by claimants."], ["44:44:1.0.1.5.61.3.10.3", 44, "Emergency Management and Assistance", "I", "E", "296", "PART 296\u2014HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE", "C", "Subpart C\u2014Compensation Available Under the Hermit's Peak/Calf Canyon Fire Assistance Act", "", "\u00a7 296.22-296.29 [Reserved]", "FEMA", "", "", "", ""], ["44:44:1.0.1.5.61.4.10.1", 44, "Emergency Management and Assistance", "I", "E", "296", "PART 296\u2014HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE", "D", "Subpart D\u2014Claims Evaluation", "", "\u00a7 296.30 Establishing injuries and damages.", "FEMA", "", "", "", "(a)  Burden of proof.  The burden of proving injuries and damages rests with the claimant. A claimant may submit for the Administrative Record a statement explaining why the claimant believes that the injuries and damages are compensable and any documentary evidence supporting the claim. Claimants will provide documentation, which is reasonably available, including photographs and video, to corroborate the nature, extent, and value of their injuries and/or to execute affidavits in a form established by the Claims Office. FEMA may compensate a claimant for an injury in the absence of supporting documentation, in its discretion, on the strength of an affidavit or Proof of Loss executed by the claimant, if documentary evidence substantiating the injury is not reasonably available. FEMA may also require an inspection of real property. FEMA may request that a business claimant execute an affidavit, which states that the claimant will provide documentary evidence, including but not limited to income tax returns, if requested by the DHS Office of the Inspector General or the Government Accountability Office during an audit of the claim.\n\n(b)  Proof of Loss.  All claimants are required to attest to the nature and extent of each injury for which compensation is sought in the Proof of Loss. The Proof of Loss, which will be in a form specified by the Claims Office, must be signed by the claimant or the claimant's legal representative if the claimant is not an individual or is an individual who lacks the legal capacity to execute the Proof of Loss. The Proof of Loss must be signed under penalty of perjury. Non-subrogation claimants should submit a signed Proof of Loss to the Claims Office not later than 150 days after the date when the Notice of Loss was submitted. This deadline may be extended at the discretion of the Director of the Claims Office for good cause. If a non-subrogation claimant fails to submit a signed Proof of Loss within the timeframes set forth in this section and does not obtain an extension from the Director of the Claims Office, the Claims Office may administratively close the claim and require the claimant to repay any partial payments made on the claim. Subrogation claimants will submit the Proof of Loss contemporaneously with filing the Notice of Loss.\n\n(c)  Release and Certification Form.  All claimants who receive compensation under the Act are required to sign a Release and Certification Form, including for partial payments under \u00a7 296.33. The Release and Certification Form must be executed by the claimant or the claimant's legal representative if the claimant is an entity or lacks the legal capacity to execute the Release and Certification Form. A Release and Certification Form must be received by the Claims Office before the Claims Office provides payment on the claim. The United States will not attempt to recover compensatory damages paid to a claimant who has executed and returned a Release and Certification Form within the periods provided above, except in the case of fraud or misrepresentation by the claimant or the claimant's representative, failure of the claimant to cooperate with an audit as required by \u00a7 296.36 or a material mistake by FEMA.\n\n(d)  Authority to settle or compromise claims.  Notwithstanding any other provision of this part, the Director of the Claims Office may extend an offer to settle or compromise a claim or any portion of a claim at any time during the process outlined in this part, which if accepted by the claimant will be binding on the claimant and on the United States, except that the United States may recover funds improperly paid to a claimant due to fraud or misrepresentation on the part of the claimant or the claimant's representative, a material mistake on FEMA's part or the claimant's failure to cooperate in an audit as required by \u00a7 296.36."], ["44:44:1.0.1.5.61.4.10.2", 44, "Emergency Management and Assistance", "I", "E", "296", "PART 296\u2014HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE", "D", "Subpart D\u2014Claims Evaluation", "", "\u00a7 296.31 Reimbursement of claim expenses.", "FEMA", "", "", "", "(a) FEMA will reimburse claimants for the reasonable costs they incur in providing documentation requested by the Claims Office. FEMA will also reimburse claimants for the reasonable costs they incur in providing appraisals, or other third-party opinions that the Claims Office deems necessary to determine the amount of the claim. FEMA will not reimburse claimants for the cost of appraisals or other third-party opinions not deemed necessary by the Claims Office.\n\n(b) FEMA will provide a lump sum payment for incidental expenses incurred in claims preparation to claimants that are awarded compensatory damages under the Act after a properly executed Release and Certification Form has been returned to the Claims Office. The amount of the lump sum payment will be the greater of $150 or 5% of the Act's compensatory damages and insurance proceeds recovered by the claimant for Hermit's Peak/Calf Canyon Fire related injuries (not including the lump sum payment or monies reimbursed under the Act for the purchase of flood insurance) but will not exceed $25,000. Subrogation claimants and claimants whose only Hermit's Peak/Calf Canyon Fire related loss is for flood insurance premiums will not be eligible."], ["44:44:1.0.1.5.61.4.10.3", 44, "Emergency Management and Assistance", "I", "E", "296", "PART 296\u2014HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE", "D", "Subpart D\u2014Claims Evaluation", "", "\u00a7 296.32 Determination of compensation due to claimant.", "FEMA", "", "", "", "(a)  Authorized Official's report.  After the Claims Office has evaluated all elements of a claim as stated in the Proof of Loss, the Authorized Official will issue, and provide the claimant with a copy of, the Authorized Official's determination.\n\n(b)  Claimant's options upon issuance of the Authorized Official's determination.  Not later than 120 days after the date that appears on the Authorized Official's determination, the claimant must either accept the determination by submitting a Release and Certification Form to FEMA and/or initiate an Administrative Appeal in accordance with \u00a7 296.41. Claimants must sign the Release and Certification Form to receive payment on their claims (including for partial payments). The claimant will receive payment of compensation awarded by the Authorized Official after FEMA receives the completed Release and Certification Form. If the claimant does not either submit a Release and Certification Form to FEMA or initiate an Administrative Appeal no later than 120 days after the date that appears on the Authorized Official's determination, the claimant will be conclusively presumed to have accepted the Authorized Official's determination. The Director of the Claims Office may modify the deadlines set forth in this subsection at the request of a claimant for good cause shown."], ["44:44:1.0.1.5.61.4.10.4", 44, "Emergency Management and Assistance", "I", "E", "296", "PART 296\u2014HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE", "D", "Subpart D\u2014Claims Evaluation", "", "\u00a7 296.33 Partial payments.", "FEMA", "", "", "", "The Claims Office at the request of a claimant may make one or more partial payments on any aspect of a claim that is severable. Receipt by a claimant of a partial payment is contingent on the claimant signing a Release and Certification Form for the severable part of the claim for which partial payment is being made. Acceptance of a partial payment in no way affects a claimant's ability to pursue an Administrative Appeal of the Authorized Official's determination or to pursue other rights afforded by the Act with respect to any portion of a claim for which a Release and Certification Form has not been executed. The Claims Office decision on whether to provide a partial payment cannot be appealed."], ["44:44:1.0.1.5.61.4.10.5", 44, "Emergency Management and Assistance", "I", "E", "296", "PART 296\u2014HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE", "D", "Subpart D\u2014Claims Evaluation", "", "\u00a7 296.34 Supplementing claims.", "FEMA", "", "", "", "A claimant may amend the Notice of Loss to include additional claims at any time before signing a Proof of Loss. After the claimant has submitted a Proof of Loss and before submission of a Release and Certification Form, a claimant may request that the Director of the Claims Office consider one or more injuries not addressed in the Proof of Loss. The request must be submitted in writing to the Director of the Claims Office and received not later than the deadline for filing an Administrative Appeal under \u00a7 296.32 or November 14, 2024, whichever is earlier. It must be supported by the claimant's explanation of why the injury was not previously reported. If good cause is found to consider the additional injury, the Director will determine whether compensation is due to the claimant for the Loss under the Administrative Appeal procedures described in \u00a7 296.41."], ["44:44:1.0.1.5.61.4.10.6", 44, "Emergency Management and Assistance", "I", "E", "296", "PART 296\u2014HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE", "D", "Subpart D\u2014Claims Evaluation", "", "\u00a7 296.35 Reopening a claim.", "FEMA", "", "", "", "The Director of the Claims Office may reopen a claim if requested to do so by the claimant, notwithstanding the submission of the Release and Certification Form, for the limited purpose of considering issues raised by the request to reopen if, not later than November 14, 2025, the claimant desires heightened risk reduction compensation in accordance with \u00a7 296.21(e)(5) or the claimant closed the sale of real property and wishes to present a claim for decrease in the value of the real property under \u00a7 296.21(c)(3). Claimants may request to reopen claims where the claimant has incurred additional losses under \u00a7 296.21(c)(1) as part of a reconstruction in excess of those previously awarded or the Director of the Claims Office otherwise determines that claimant has demonstrated good cause no later than the deadline established by the Director of the Claims Office as published in the  Federal Register  and at  https://www.fema.gov/hermits-peak."], ["44:44:1.0.1.5.61.4.10.7", 44, "Emergency Management and Assistance", "I", "E", "296", "PART 296\u2014HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE", "D", "Subpart D\u2014Claims Evaluation", "", "\u00a7 296.36 Access to records.", "FEMA", "", "", "", "For purpose of audit and investigation, a claimant will grant the DHS Office of the Inspector General and the Comptroller General of the United States access to any property that is the subject of a claim and to any and all books, documents, papers, and records (including any relevant tax records) maintained by a claimant or under the claimant's control pertaining or relevant to the claim."], ["44:44:1.0.1.5.61.4.10.8", 44, "Emergency Management and Assistance", "I", "E", "296", "PART 296\u2014HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE", "D", "Subpart D\u2014Claims Evaluation", "", "\u00a7 296.37 Confidentiality of information.", "FEMA", "", "", "", "Confidential information submitted by individual claimants is protected from disclosure to the extent permitted by the Privacy Act. These protections are described in the Privacy Act Notice provided with the Notice of Loss. Other claimants should consult with FEMA concerning the availability of confidentiality protection under exemptions to the Freedom of Information Act and other applicable laws before submitting confidential, proprietary or trade secret information."], ["44:44:1.0.1.5.61.4.10.9", 44, "Emergency Management and Assistance", "I", "E", "296", "PART 296\u2014HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE", "D", "Subpart D\u2014Claims Evaluation", "", "\u00a7 296.38-296.39 [Reserved]", "FEMA", "", "", "", ""], ["44:44:1.0.1.5.61.5.10.1", 44, "Emergency Management and Assistance", "I", "E", "296", "PART 296\u2014HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE", "E", "Subpart E\u2014Dispute Resolution", "", "\u00a7 296.40 Scope.", "FEMA", "", "", "", "This subpart describes a claimant's right to bring an Administrative Appeal in response to the Authorized Official's Determination. It also describes the claimant's right to pursue arbitration or seek judicial review following an Administrative Appeal."], ["44:44:1.0.1.5.61.5.10.2", 44, "Emergency Management and Assistance", "I", "E", "296", "PART 296\u2014HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE", "E", "Subpart E\u2014Dispute Resolution", "", "\u00a7 296.41 Administrative appeal.", "FEMA", "", "", "", "(a)  Notice of appeal.  A claimant may request that the Director of the Claims Office review the Authorized Official's determination by written request to the Appeals Docket, Office of Hermit's Peak/Calf Canyon Claims, postmarked or delivered within 120 days after the date that appears on the Authorized Official's determination pursuant to \u00a7 296.32. The claimant will submit along with the notice of appeal a statement explaining why the Authorized Official's determination was incorrect. Information regarding where to file can be found at  http://www.fema.gov/hermits-peak.\n\n(b)  Acknowledgement of appeal.  The Claims Office will acknowledge receipt of an appeal. Following the receipt of a timely filed appeal, the Director of the Claims Office will obtain the Administrative Record from the Authorized Official and transmit a copy to the claimant.\n\n(c)  Supplemental filings.  The claimant may supplement their statement accompanying the appeal and provide any additional documentary evidence supporting the appeal within 60 days after the date when the appeal is filed. The Director of the Claims Office may extend these timeframes or authorize additional filings either on their own initiative or in response to a request by the claimant for good cause shown.\n\n(d)  Admissible evidence.  The claimant may rely upon any relevant evidence to support the appeal, regardless of whether the evidence was previously submitted to the Claims Reviewer for consideration by the Authorized Official.\n\n(e)  Obtaining evidence.  The Director of the Claims Office may request from the claimant or from the Authorized Official any additional information that is relevant to the issues posed by the appeal in their discretion.\n\n(f)  Conferences.  The Director of the Claims Office may schedule a conference to gain a better understanding of the issues or to explore settlement or compromise possibilities. The claimant may also request a conference. Conferences will generally be conducted virtually. In limited circumstances, the Director may convene an in-person conference at a location in New Mexico designated by the Director. A claimant may request that the Director of the Claims Office appoint a mediator at FEMA's expense to facilitate such conferences.\n\n(g)  Hearings.  The Director of the Claims Office may exercise the discretion to convene an informal hearing to receive oral testimony from witnesses or experts. The rules under which hearings will be conducted will be established by the Director of the Claims Office and provided to the claimant. Formal rules of evidence applicable to court proceedings will not be used in hearings under this subsection. Hearings will generally be conducted virtually, be transcribed, and the transcript will be entered in the Administrative Record. In limited circumstances, the Director may convene an in-person hearing at a location in New Mexico designated by the Director.\n\n(h)  Decision on appeal.  After the allotted time for submission of evidence has passed, the Director of the Claims Office will close the Administrative Record and render a written decision on the Administrative Appeal. The Director of the Claims Office's decision on the Administrative Appeal will constitute the final decision of the Administrator of FEMA under sections 104(d)(2)(B) and 104(i)(1) of the Act.\n\n(i)  Claimant's options following appeal.  The claimant's concurrence with the decision in the Administrative Appeal will be conclusively presumed unless the claimant initiates arbitration in accordance with \u00a7 296.42 or seeks judicial review in accordance with \u00a7 296.43. If the claimant concurs with the Director's determination, payment of any additional damages awarded by the Director will be made to the claimant upon receipt of a properly executed Release and Certification Form."], ["44:44:1.0.1.5.61.5.10.3", 44, "Emergency Management and Assistance", "I", "E", "296", "PART 296\u2014HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE", "E", "Subpart E\u2014Dispute Resolution", "", "\u00a7 296.42 Arbitration.", "FEMA", "", "", "", "(a)  Initiating arbitration.  A claimant who is dissatisfied with the outcome of the Administrative Appeal may elect to submit the dispute to a binding arbitration process. A claimant may initiate arbitration by submitting a written request to the Arbitration Administrator for Hermit's Peak/Calf Canyon Claims. Additional information regarding how to submit a written arbitration request can be found at  http://www.fema.gov/hermits-peak.  The written request for arbitration must be electronically stamped or postmarked no later than 60 days after the date that appears on the Administrative Appeal decision.\n\n(b)  Permissible claims.  A claimant may not arbitrate an issue unless it was raised and decided in the Administrative Appeal. Arbitration will be conducted on the evidence in the Administrative Record. Evidence not previously entered into the Administrative Record will not be considered.\n\n(c)  Selection of arbitrator.  The Arbitration Administrator will maintain a list of qualified arbitrators who have agreed to serve. The arbitration will be decided by one arbitrator if the amount in dispute is $500,000 or less and a panel of three arbitrators if the amount in dispute exceeds $500,000. Arbitrators will be assigned by the Arbitration Administrator through a random drawing.\n\n(d)  Conduct of arbitration.  Pursuant to guidelines from the Arbitration Administrator, which will be provided directly to claimants who have filed a request for arbitration, the arbitration process will include an arbitration hearing with consideration of the claimant's written request for arbitration, the Administrative Record, and oral testimony. Hearings will generally be conducted virtually. In limited circumstances, the arbitrator may convene an in-person hearing at a location in New Mexico designated by the Arbitration Administrator.\n\n(e)  Decision.  After a hearing and reviewing the evidence, the arbitrator(s) will render a written decision and will transmit the decision to the Arbitration Administrator, the claimant, and the Director of the Claims Office. If a panel of three arbitrators conducts the arbitration, at least two of the three arbitrators must sign the decision. The arbitrator(s) should render a decision no later than 10 Days after a hearing is concluded. The Arbitration Administrator may extend the time for a decision with notice to the claimant and the Director of the Claims Office. The decision will establish the compensation due to the claimant, if any, and the reasons therefor.\n\n(f)  Action on arbitration decision.  The Arbitration Administrator will forward the arbitration decision to the claimant and, if additional compensation is awarded to the claimant, a Release and Certification Form. Additional compensation awarded in the arbitration will be paid to the claimant after the signed Release and Certification Form is received by the Arbitration Administrator.\n\n(g)  Final decision.  The decision of the arbitrator(s) will be final and binding on all parties and will not be subject to any administrative or judicial review. The arbitrator(s) may correct clerical, typographical or computational errors as requested by the Arbitration Administrator.\n\n(h)  Administration of arbitration.  The Arbitration Administrator oversees arbitration procedures and will resolve any procedural disputes arising in the course of the arbitration.\n\n(i)  Expenses.  The Arbitration Administrator will pay all fees and expenses of the arbitrator(s). The claimant is responsible for any expenses they incur, including travel costs."], ["44:44:1.0.1.5.61.5.10.4", 44, "Emergency Management and Assistance", "I", "E", "296", "PART 296\u2014HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE", "E", "Subpart E\u2014Dispute Resolution", "", "\u00a7 296.43 Judicial review.", "FEMA", "", "", "", "As an alternative to arbitration, a claimant dissatisfied with the outcome of an Administrative Appeal may seek judicial review of the decision by bringing a civil lawsuit against FEMA in the United States District Court for the District of New Mexico. This lawsuit must be brought within 60 Days of the date that appears on the Administrative Appeal decision. Pursuant to section 104(i) of the Act, the court may only consider evidence in the Administrative Record. The court will uphold FEMA's decision if it is supported by substantial evidence on the record considered as a whole."], ["46:46:8.0.1.3.19.1.3.1", 46, "Shipping", "II", "C", "296", "PART 296\u2014MARITIME SECURITY PROGRAM (MSP)", "A", "Subpart A\u2014Introduction", "", "\u00a7 296.1 Purpose.", "FMC", "", "", "", "This part prescribes regulations implementing the provisions of Subtitle C, Maritime Security Fleet Program, Title XXXV of the National Defense Authorization Act for Fiscal Year 2004, the Maritime Security Act of 2003 (MSA 2003), governing Maritime Security Program (MSP) payments for vessels operating in the foreign trade or mixed foreign and domestic commerce of the United States allowed under a registry endorsement issued under 46 U.S.C. 12105. The MSA 2003 provides for joint responsibility between the Department of Defense (DOD) and the Department of Transportation (DOT) for administering the law. These regulations provide the framework for the coordination between DOD and DOT in implementing the MSA 2003. Implementation of the MSA 2003 has been delegated by the Secretary of Transportation to the Maritime Administrator, U.S. Maritime Administration and by the Secretary of Defense to the Commander, U.S. Transportation Command, respectively."], ["46:46:8.0.1.3.19.1.3.2", 46, "Shipping", "II", "C", "296", "PART 296\u2014MARITIME SECURITY PROGRAM (MSP)", "A", "Subpart A\u2014Introduction", "", "\u00a7 296.2 Definitions.", "FMC", "", "", "[70 FR 55588, Sept. 22, 2005, as amended at 82 FR 56897, Dec. 1, 2017]", "For the purposes of this part:\n\nAct  means the Merchant Marine Act, 1936, as amended (46 App. U.S.C. 1101  et seq. ).\n\nAdministrator  means the Maritime Administrator, U.S. Maritime Administration (MARAD), U.S. DOT, who is authorized by the Secretary of Transportation to administer the MSA 2003, in consultation with the Commander, U.S. Transportation Command (USTRANSCOM).\n\nAgreement Vessel  means a vessel covered by an MSP Operating Agreement.\n\nApplicant  means an applicant for an MSP Operating Agreement. The term, \u201capplicant\u201d excludes a trust.\n\nBulk Cargo  means cargo that is loaded and carried in bulk without mark or count.\n\nChapter 121  means the vessel documentation provisions of chapter 121 of title 46, United States Code.\n\nCoastwise Trade  means trade between points in the United States.\n\nCommander  means Commander, USTRANSCOM, who is authorized by the Secretary of Defense to administer the MSA 2003, in consultation with the Administrator.\n\nContracting Officer  means the Associate Administrator for National Security, MARAD.\n\nContractor  means the owner or operator of a vessel that enters into an MSP Operating Agreement for the vessel with the Secretary of Transportation (acting through MARAD) pursuant to \u00a7 53103 of the MSA 2003. The term, \u201cContractor\u201d excludes a trust.\n\nDefense Contractor  means a person that operates or manages United States documented vessels for the Secretary of Defense or charters vessels to the Secretary of Defense and has entered into a special security agreement with the Secretary of Defense.\n\nDocumentation Citizen  means an entity able to document a vessel under 46 U.S.C. chapter 121. This definition includes a trust.\n\nDOD  means the U.S. Department of Defense.\n\nDomestic Trade  means trade between points in the United States.\n\nEligible Vessel  means a vessel that meets the requirements of \u00a7 53102(b) of the MSA 2003.\n\nEmergency Preparedness Agreement  means an agreement, required by \u00a7 53107 of the MSA 2003, between a Contractor and the Secretary of Transportation (acting through MARAD) to make certain commercial transportation resources available during time of war or national emergency or whenever determined by the Secretary of Defense to be necessary for national security or contingency operation.\n\nEnrollment  means the entry into an MSP Operating Agreement with MARAD to operate a vessel(s) in the MSP Fleet in accordance with \u00a7 296.30.\n\nFiscal Year  means any annual period beginning on October 1 and ending on September 30.\n\nForeign Commerce  means a cargo freight service, including direct and relay service, operated exclusively in the foreign trade or in mixed foreign and domestic trade allowed under a registry endorsement under 46 U.S.C. 12111 where the origination point or the destination point of any cargo carried is the United States, regardless of whether the vessel provides direct service between the United States and a foreign country, or commerce or trade between foreign countries.\n\nMilitarily Useful  is defined, in terms of minimum military capabilities, according to DOD Joint Strategic Planning Capabilities Plan (JSCAP) guidance.\n\nMSA 2003  means the Maritime Security Act of 2003, as amended.\n\nMSP Fleet  means the fleet of vessels established under section 53102(a) of the MSA 2003 and operated under MSP Operating Agreements.\n\nMSP Operating Agreement  means the assistance agreement between a Contractor and MARAD that provides for MSP payments, but is not a \u201cprocurement contract.\u201d\n\nMSP Payments  means the payments made for the operation of U.S.-flag vessels in the foreign commerce.\n\nNoncontiguous Domestic Trade  means transportation of cargo between a point in the contiguous 48 states and a point in Alaska, Hawaii, or Puerto Rico, other than a point in Alaska north of the Arctic Circle.\n\nOperating Day  means any calendar day during which a vessel is operated in accordance with the terms and conditions of the MSP Operating Agreement.\n\nOperator  is a person that either owns a vessel and operates that vessel directly or charters in a vessel at a financial risk through a demise charter that transfers virtually all the rights and obligations of the vessel owner to the vessel operator, such as that of crewing, supplying, maintaining, insuring and navigating the vessel.\n\nOwner  means an entity that has title and/or beneficial ownership of a vessel. Only an owner that is a person is eligible to enter into an MSP Operating Agreement.\n\nParticipating Fleet Vessel  means a vessel that\u2014\n\n(1) On October 1, 2015\u2014\n\n(i) Meets the requirements of paragraph (1), (2), (3), or (4) of section 53102(c) of the MSA; and\n\n(ii) Is less than 20 years of age if the vessel is a tank vessel, or is less than 25 years of age for all other vessel types; and\n\n(2) on December 31, 2014, is covered by an MSP Operating Agreement under 46 U.S.C. chapter 531.\n\nPerson  includes corporations, limited liability companies, partnerships, and associations existing under or authorized by the laws of the United States, or any State, Territory, District, or possession thereof, or of any foreign country. For purposes of holding an MSP Operating Agreement, the term \u201cperson\u201d excludes a trust.\n\nRoll-on/Roll-off Vessel  means a vessel that has ramps allowing cargo to be loaded and discharged by means of wheeled vehicles so that cranes are not required.\n\nSecDef  means Secretary of Defense acting through the Commander USTRANSCOM.\n\nSection 2 Citizen  means a United States citizen within the meaning of 46 U.S.C. 50501, without regard to any statute that \u201cdeems\u201d a vessel to be owned and operated by a United States citizen within the meaning of 46 U.S.C. 50501.\n\nSecretary  means the Secretary of Transportation acting through the Maritime Administrator.\n\nTank Vessel  means, as stated in 46 U.S.C. 2101(38), a self-propelled tank vessel that is constructed or adapted to carry, or that carries, oil or hazardous material in bulk as cargo or cargo residue. In addition, the vessel must be double hulled and capable of carrying simultaneously more than two separated grades of refined petroleum products.\n\nTransfer of an MSP Operating Agreement  includes any sale, assignment or transfer of the MSP Operating Agreement, either directly or indirectly, or through any sale, reorganization, merger, or consolidation of the MSP Contractor.\n\nUnited States  includes the 50 U.S. States, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the Virgin Islands.\n\nUnited States Citizen Trust  means:\n\n(1) Subject to paragraph (3) of this definition, a trust that is qualified under this definition.\n\n(2) A trust is qualified only if:\n\n(i) Each of the trustees is a Section 2 Citizen; and\n\n(ii) The application for documentation of the vessel under 46 U.S.C. chapter 121, includes the affidavit of each trustee stating that the trustee is not aware of any reason involving a beneficiary of the trust that is not a Section 2 Citizen, or involving any other person that is not a Section 2 Citizen, as a result of which the beneficiary or other person would hold more than 25 percent of the aggregate power to influence or limit the exercise of the authority of the trustee with respect to matters involving any ownership or operation of the vessel that may adversely affect the interests of the United States.\n\n(3) If any person that is not a Section 2 Citizen has authority to direct or participate in directing a trustee for a trust in matters involving any ownership or operation of the vessel that may adversely affect the interests of the United States or in removing a trustee for a trust without cause, either directly or indirectly through the control of another person, the trust instrument provides that persons who are not Section 2 Citizens may not hold more than 25 percent of the aggregate authority to so direct or remove a trustee.\n\n(4) This definition shall not be considered to prohibit a person who is not a Section 2 Citizen from holding more than 25 percent of the beneficial interest in a trust.\n\nUnited States Documented Vessel  means a vessel documented under 46 U.S.C. chapter 121."], ["46:46:8.0.1.3.19.1.3.3", 46, "Shipping", "II", "C", "296", "PART 296\u2014MARITIME SECURITY PROGRAM (MSP)", "A", "Subpart A\u2014Introduction", "", "\u00a7 296.3 Applications.", "FMC", "", "", "", "(a)  Action by MARAD \u2014 Time Deadlines.  Applications for enrollment of vessels in the MSP were due by October 15, 2004 to the Secretary, Maritime Administration, Room 7218, Maritime Administration, U.S. Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590. Any applications received before October 15, 2004 were deemed to have been submitted on October 15, 2004. Within 90 days after receipt of a completed application, the Secretary was obligated to approve the application, in conjunction with the SecDef, or provide in writing the reason for denial of that application. Execution of a standard MSP Operating Agreement took place reasonably soon after approval of the application. Contractors of MSP Operating Agreements were required to submit ownership information and signed charters to MARAD for approval by July 1, 2005.\n\n(b)  Action by the Applicant.  Each applicant for an MSP Operating Agreement was required to submit an application under OMB control number 2133-0525 to the Secretary, Maritime Administration in the manner prescribed on that form. Application forms were made available from MARAD's Office of Sealift Support, or the application form could be downloaded from the MARAD Web site,  http://www.marad.dot.gov,  Information required included:\n\n(1) An  Affidavit of Section 2 Citizenship  that comports with the requirements of 46 CFR part 355, if applying as a Section 2 Citizen. Otherwise, an affidavit which demonstrates that the applicant is qualified to document a vessel under 46 U.S.C. chapter 121 is required. If the applicant is a vessel operator and proposes to employ a vessel manager, then the applicant must supply an affidavit for the vessel manager that meets the same citizenship requirements applicable to the applicant;\n\n(2)  Certificate of Incorporation;\n\n(3)  Copies of by-laws or other governing instruments;\n\n(4)  Maritime related affiliations;\n\n(5)  Financial data:\n\n(i) Provide an audited financial statement or a completed MARAD Form MA-172 dated within 120 days after the close of the most recent fiscal period; and\n\n(ii) Provide estimated annual forecast of maritime operations for the next five years showing revenue and expense, including explanations of any significant increase or decrease of these items;\n\n(6)  Intermodal network:\n\n(i) If applicable, a statement describing the applicant's operating and transportation assets, including vessels, container stocks, trucks, railcars, terminal facilities, and systems used to link such assets together;\n\n(ii) The number of containers and their twenty-foot equivalent units (TEUs) by size and type owned and/or long-term leased by the applicant distinguishing those that are owned from those that are leased; and\n\n(iii) The number of chassis by size and type owned and/or long-term leased by the applicant distinguishing those that are owned from those that are leased;\n\n(7)  Diversity of trading patterns:  A list of countries and trade routes serviced along with the types and volumes of cargo carried;\n\n(8)  Applicant's record of owning and/or operating vessels:  Provide number of ships owned and/or operated, specifying flag, in the last ten years, trades involved, number of employees in your ship operations department, vessel or ship managers utilized in the operation of your vessels, and any other information relevant to your record of owning or operating vessels;\n\n(9)  Bareboat charter arrangements,  if applicable;\n\n(10)  Vessel data including vessel type, size, and construction date;\n\n(11)  Military Utility:  Provide an assessment of the value of the vessel to DOD sealift requirements. Provide characteristics which indicate the value of the vessels to DOD including items of specific value,  e.g. , ramp strengths, national defense sealift features;\n\n(12)  Special Security Agreements:  If applicable, provide a copy of any Special Security Agreement;\n\n(13) If applicable,  Certification from documentation citizen who is the demise charterer of the MSP vessel:  In a letter submitted at the time of the application addressed to the Administrator and the Commander from the Chief Executive Officer, or equivalent, of a documentation citizen that is the proposed Contractor of an MSP Operating Agreement, provide a statement that there are no treaties, statutes, regulations, or other laws of the foreign country(ies) of the parent, that would prohibit the proposed Contractor from performing its obligations under an MSP Operating Agreement. The statement should be substantially in the following format:\n\n\u201cI, ________, Chief Executive Officer of ________, certify to you that there are no treaties, statutes, regulations, or other laws of the foreign country(ies) of ____'s ultimate foreign parent or intermediate parents that would prohibit ____ from performing its obligations under an Operating Agreement with the Maritime Administration pursuant to the Maritime Security Act of 2003.\u201d;\n\n\u201cI, ________, Chief Executive Officer of ________, certify to you that there are no treaties, statutes, regulations, or other laws of the foreign country(ies) of ____'s ultimate foreign parent or intermediate parents that would prohibit ____ from performing its obligations under an Operating Agreement with the Maritime Administration pursuant to the Maritime Security Act of 2003.\u201d;\n\n(14)  Agreement from the ultimate foreign parent of the documentation citizen:  An agreement to be signed and submitted at the time of application from the equivalent of the Chief Executive Officer of the ultimate foreign parent of a documentation citizen not to influence the operation of the MSP vessel in a manner that will adversely affect the interests of the United States. The Agreement should be substantially in the following format:\n\n\u201cI, ________, am the Chief Executive Officer [or equivalent] of ______, the ultimate foreign parent of ________, a documentation citizen of the United States that is applying for an MSP Operating Agreement. I agree on behalf of the \u201cforeign parent\u201d that neither ________ (the ultimate foreign parent) nor any representative of ________ (the ultimate foreign parent) will in any way influence the operation of the MSP vessel in a manner that will adversely affect the interests of the United States.\u201d;\n\n\u201cI, ________, am the Chief Executive Officer [or equivalent] of ______, the ultimate foreign parent of ________, a documentation citizen of the United States that is applying for an MSP Operating Agreement. I agree on behalf of the \u201cforeign parent\u201d that neither ________ (the ultimate foreign parent) nor any representative of ________ (the ultimate foreign parent) will in any way influence the operation of the MSP vessel in a manner that will adversely affect the interests of the United States.\u201d;\n\n(15)  Replacement Vessel Plan and Age Waiver:  If applicable, an applicant must submit a replacement vessel plan along with an age waiver request if the applicant seeks an age waiver for an existing vessel(s). The vessel replacement plan shall include the vessel's characteristics, a letter of intent or other document indicating agreement for purchase of vessel, and a forecast of operations for five years for the replacement vessel. The age restriction for over-age vessels shall not apply to a Participating Fleet Vessel during the 30-month period beginning on the date the vessel begins operating under an MSP Operating Agreement under the MSA 2003 provided that the Secretary has determined that the Contractor has entered into an arrangement for a replacement vessel that will be eligible to be included in an MSP Operating Agreement, and;\n\n(16)  Anti-Lobbying Certificate:  A certificate as required by 49 CFR part 20 stating that no funds provided under MSP have been used for lobbying to obtain an Operating Agreement."], ["46:46:8.0.1.3.19.1.3.4", 46, "Shipping", "II", "C", "296", "PART 296\u2014MARITIME SECURITY PROGRAM (MSP)", "A", "Subpart A\u2014Introduction", "", "\u00a7 296.4 Waivers.", "FMC", "", "", "", "In General\u2014In special circumstances, and for good cause shown, the procedures prescribed in this part may be waived in writing by the Secretary, by mutual agreement of the Secretary in consultation with the SecDef, and the Contractor, so long as the procedures adopted are consistent with the MSA 2003 and with the objectives of these regulations."], ["46:46:8.0.1.3.19.2.3.1", 46, "Shipping", "II", "C", "296", "PART 296\u2014MARITIME SECURITY PROGRAM (MSP)", "B", "Subpart B\u2014Eligibility", "", "\u00a7 296.10 Citizenship requirements of owners, charterers and operators.", "FMC", "", "", "", "Citizenship requirements are deemed to have been met if during the entire period of an MSP Operating Agreement under this chapter that applies to the vessel, all of the conditions of any of the paragraphs (a), (b), (c), or (d) of this section are met, and subject to conditions in paragraph (e):\n\n(a) A vessel to be included in an MSP Operating Agreement is owned and operated by one or more persons that are Section 2 Citizens.\n\n(b) A vessel to be included in an MSP Operating Agreement is owned by either a person that is a Section 2 Citizen or a United States Citizen Trust, and the vessel is demise chartered to a non-Section 2 Citizen\u2014\n\n(1) That is eligible to document the vessel under 46 U.S.C. chapter 121;\n\n(2) Whose chairman of the board of directors, chief executive officer, and a majority of the members of the board of directors are Section 2 Citizens, and are appointed and subject to removal only upon approval by the Secretary as follows:\n\n(i) Proposed changes to the chairman of the board, chief executive officer, and membership of the board of directors must be submitted to the Administrator 60 days before scheduled to take effect; and\n\n(ii) MARAD must approve or disapprove changes within 30 days of receiving the proposed changes;\n\n(3) That certifies to the Secretary in a format substantially similar to the format at \u00a7 296.3(b)(13) that there are no treaties, statutes, regulations, or other laws that would prohibit the Contractor from performing its obligations under an MSP Operating Agreement at the time of application for an MSP Operating Agreement; and\n\n(4) The ultimate foreign parent of that person proffers, at the time of application for an MSP Operating Agreement, an agreement in a format substantially similar to the format at \u00a7 296.3(b)(14) not to influence the vessel's operation in a way that is detrimental to the United States.\n\n(c) A vessel to be included in an MSP Operating Agreement is owned and operated by a defense contractor or a related person to include affiliated or related companies within the same corporate group that:\n\n(1) Is eligible to document the vessel under 46 U.S.C. chapter 121;\n\n(2) Operates or manages other United States-documented vessels for the SecDef, or charters other vessels to the SecDef;\n\n(3) Has entered into a special security agreement with the SecDef;\n\n(4) Certifies to the Secretary, at the time of application, in a format substantially similar to the format of \u00a7 296.3(b)(13), that there are no treaties, statutes, regulations, or other laws that would prohibit the Contractor from performing its obligations under an MSP Operating Agreement; and\n\n(5) Has its ultimate foreign parent proffer, at the time of application for an MSP Operating Agreement, an agreement in a format substantially similar to the format of \u00a7 296.3(b)(14) not to influence the vessel's operation in a way that is detrimental to the United States.\n\n(d) The vessel is owned by a documentation citizen and demise chartered to a Section 2 Citizen.\n\n(e) Where applicable, the Secretary and the SecDef shall notify the Senate Committees on Armed Services, and Commerce, Science, and Transportation and the House of Representatives Committee on Armed Services that they concur with the certifications by the documentation citizens under \u00a7 296.3(b)(13) and that they have reviewed the agreements proffered by the ultimate foreign parent under \u00a7 296.3(b)(14), and agree that there are no other legal, operational, or other impediments that would prohibit the contractors for the vessels from performing their obligations under MSP Operating Agreements."], ["46:46:8.0.1.3.19.2.3.2", 46, "Shipping", "II", "C", "296", "PART 296\u2014MARITIME SECURITY PROGRAM (MSP)", "B", "Subpart B\u2014Eligibility", "", "\u00a7 296.11 Vessel requirements.", "FMC", "", "", "[70 FR 55588, Sept. 22, 2005; 70 FR 59400, Oct. 12, 2005; 82 FR 56897, Dec. 1, 2017]", "(a)  Eligible vessel.  A vessel is eligible to be included in an MSP Operating Agreement if:\n\n(1) The vessel is:\n\n(i) Determined by the SecDef to be suitable for use by the United States for national defense or military purposes in time of war or national emergency; and\n\n(ii) Determined by the Secretary to be commercially viable;\n\n(2) The vessel is operated or, in the case of a vessel to be purchased or constructed, will be operated to provide transportation in the foreign commerce;\n\n(3) The vessel is self-propelled and\u2014\n\n(i) Is a tank vessel that is 10 years of age or less on the date the vessel is included in the Fleet; or\n\n(ii) Is any other type of vessel that is 15 years of age or less on the date the vessel is included in the Fleet;\n\n(4) The vessel is:\n\n(i) A United States documented vessel under 46 U.S.C. chapter 121; or\n\n(ii) Not a United States-documented vessel under 46 U.S.C. chapter 121, but the owner of the vessel has demonstrated an intent to have the vessel documented under 46 U.S.C. chapter 121 at the time the vessel is to be included in the MSP fleet; and\n\n(A) The vessel is eligible for a certificate of inspection if the Secretary of the Department in which the United States Coast Guard is operating determines that:\n\n( 1 ) The vessel is classed and designed in accordance with the rules of the American Bureau of Shipping (ABS) or another classification society accepted by such Secretary;\n\n( 2 ) The vessel complies with applicable international agreements and associated guidelines as determined by the country in which the vessel was documented immediately before becoming a U.S.-flag vessel; and\n\n( 3 ) The flag country has not been identified by such Secretary as inadequately enforcing international vessel regulations.\n\n(B) [Reserved]\n\n(b)  Waiver of age restriction of vessels.  The SecDef, in conjunction with the Secretary, may waive the age restriction in paragraph (a) of this section if the Secretaries jointly determine that the waiver:\n\n(1) Is in the national interest;\n\n(2) Is appropriate to allow the maintenance of the economic viability of the vessel and any associated operating network; and\n\n(3) Is necessary due to the lack of availability of other vessels and operators that comply with the requirements of the MSA 2003.\n\n(c)  Telecommunications and other electronic equipment.  The telecommunications and other electronic equipment on an existing vessel that is redocumented under the laws of the United States for operation under an MSP Operating Agreement shall be deemed to satisfy all Federal Communications Commission equipment certification requirements, if\n\n(1) Such equipment complies with all applicable international agreements and associated guidelines as determined by the country in which the vessel was documented immediately before becoming documented under the laws of the United States;\n\n(2) That country has not been identified by the Secretary as inadequately enforcing international regulations as to that vessel; and\n\n(3) At the end of its useful life, such equipment will be replaced with equipment that meets Federal Communications Commission equipment certification standards ( see  47 CFR Chapter I)."], ["46:46:8.0.1.3.19.2.3.3", 46, "Shipping", "II", "C", "296", "PART 296\u2014MARITIME SECURITY PROGRAM (MSP)", "B", "Subpart B\u2014Eligibility", "", "\u00a7 296.12 Applicants.", "FMC", "", "", "", "Applicant.  Owners or operators of an eligible vessel may apply to MARAD for inclusion of that vessel in the MSP Fleet pursuant to the provisions of the MSA 2003. Applications shall be addressed to the Secretary, Maritime Administration, Room 7218, Maritime Administration, U.S. Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590."], ["46:46:8.0.1.3.19.3.3.1", 46, "Shipping", "II", "C", "296", "PART 296\u2014MARITIME SECURITY PROGRAM (MSP)", "C", "Subpart C\u2014Priority for Granting Applications", "", "\u00a7 296.20 Tank vessels.", "FMC", "", "", "", "(a) First priority for the award of MSP Operating Agreements under MSA 2003 shall be granted to a tank vessel that is constructed in the United States after October 1, 2004.\n\n(b) First priority for the award of MSP Operating Agreements under the MSA 2003 may be granted to a tank vessel that is less than ten years of age on the date it enters an MSP Operating Agreement:\n\n(1)  Provided:  (i) That the Contractor agrees to execute a binding agreement approved by the Secretary for a replacement vessel to be operated under the MSP Operating Agreement and to be built in the United States not later than nine months after the first date appropriated funds are available for construction and operating assistance for a minimum of three tank vessels;\n\n(ii) A tank vessel under this section is eligible to be included in the MSP under \u00a7 296.11(a); and\n\n(iii) A tank vessel under this section is owned and operated during the period of the MSP Operating Agreement by one or more persons that are Section 2 Citizens;\n\n(2) No payment can be made for an existing tank vessel granted priority one status after the earlier of:\n\n(i) Four years following the date this MSP Operating Agreement is effective, except if amounts are available for construction of a minimum of three tank vessels under the National Defense Tank Vessel Construction Assistance Program (NDTVCP) by October 1, 2007, then no payments shall be made for the existing \u201ctank vessel\u201d after four years following the date such amounts are available; or\n\n(ii) The date of delivery of the replacement tank vessel constructed in the United States after October 1, 2004.\n\n(3) The Secretary will not enter into more than five MSP Operating Agreements for tank vessels under this priority. If the five tank vessel MSP Operating Agreement slots are not fully subscribed, the Secretary, in consultation with the SecDef, may award the non-subscribed slots to lower priority vessels, if deemed appropriate. If the Secretary determines that no funds are, or are likely to be, allocated for any tank vessel construction in the United States, the five slots may nevertheless be awarded to existing tank vessels or the slots may be awarded permanently to any eligible vessels. The Secretary may temporarily award a slot reserved for a tank vessel under construction to a lower priority vessel during the construction period of that vessel if an existing tank vessel offered by the tank vessel Contractor is not eligible for priority for that slot. If no existing tank vessel is offered by the tank vessel Contractor, the Secretary may temporarily award an MSP Operating Agreement to any eligible vessel of another Contractor until a new tank vessel's construction is completed in the United States. Such temporary MSP Operating Agreements may be terminated under terms set forth in the temporary MSP Operating Agreement."], ["46:46:8.0.1.3.19.3.3.2", 46, "Shipping", "II", "C", "296", "PART 296\u2014MARITIME SECURITY PROGRAM (MSP)", "C", "Subpart C\u2014Priority for Granting Applications", "", "\u00a7\u00a7 296.21-296.23 [Reserved]", "FMC", "", "", "", ""], ["46:46:8.0.1.3.19.3.3.3", 46, "Shipping", "II", "C", "296", "PART 296\u2014MARITIME SECURITY PROGRAM (MSP)", "C", "Subpart C\u2014Priority for Granting Applications", "", "\u00a7 296.24 Subsequent awards of MSP Operating Agreements.", "FMC", "", "", "[82 FR 56897, Dec. 1, 2017]", "(a) MARAD intends to ensure that all available MSP Operating Agreements are fully utilized at all times in order to maximize the benefit of the MSP. Accordingly, when an MSP Operating Agreement becomes available through termination by the Secretary or early termination by the MSP contractor, and no transfer under 46 U.S.C. 53105(e) is involved, MARAD will reissue the MSP Operating Agreement pursuant to the following criteria:\n\n(1) The proposed vessel shall meet the requirements for vessel eligibility in 46 U.S.C. 53102(b);\n\n(2) The applicant shall meet the vessel ownership and operating requirements for priority in 46 U.S.C. 53102(c); and\n\n(3) Priority will be assigned on the basis of vessel type established by military requirements specified by the Secretary of Defense. After consideration of military requirements, priority shall be given to an applicant that is a United States citizen under section 50501 of this title.\n\n(b) MARAD shall allow an applicant at least 30 days to submit an application for a new MSP Operating Agreement.\n\n(c) MARAD and USTRANSCOM will determine if the applications received form an adequate pool for award of a reissued MSP Operating Agreement. If so, MARAD will award a reissued MSP Operating Agreement from that pool of qualified applicants in its discretion according to the procedures of paragraph (a) of this section, subject to approval of the Secretary of Defense. MARAD and USTRANSCOM may decide to open a new round of applications. MARAD shall provide written reasons for denying applications. In as much as MSP furthers a public purpose and MARAD does not acquire goods or services through MSP, the selection process for award of MSP Operating Agreements does not constitute an acquisition process subject to any procurement law or the Federal Acquisition Regulations."], ["46:46:8.0.1.3.19.4.3.1", 46, "Shipping", "II", "C", "296", "PART 296\u2014MARITIME SECURITY PROGRAM (MSP)", "D", "Subpart D\u2014Maritime Security Program Operating Agreements", "", "\u00a7 296.30 General conditions.", "FMC", "", "", "[82 FR 56897, Dec. 1, 2017]", "(a)  Approval.  The Secretary, in conjunction with the Secretary of Defense, may approve applications to enter into a MSP Operating Agreement and make MSP Payments with respect to vessels that are determined by the Secretary to be commercially viable and deemed by the Secretary of Defense to be militarily useful for meeting the sealift needs of the United States in time of war or national emergencies. The Secretary announced an initial award of 60 MSP Operating Agreements on January 12, 2005. In June 2014, the Secretary extended the term of all 60 MSP Operating Agreements through FY 2025.\n\n(b)  Effective date \u2014(1)  General rule.  Unless otherwise provided, the effective date of an MSP Operating Agreement is October 1, 2005.\n\n(2)  Exceptions.  In the case of an Eligible Vessel to be included in an MSP Operating Agreement that is on charter to the U.S. Government, other than a charter under the provisions of an Emergency Preparedness Agreement (EPA) provided by 46 U.S.C. 53107, as amended, unless an earlier date is requested by the applicant, the effective date for an MSP Operating Agreement shall be:\n\n(i) The expiration or termination date of the Government charter covering the vessel; or\n\n(ii) Any earlier date on which the vessel is withdrawn from that charter, but not before October 1, 2005.\n\n(c)  Replacement vessels.  A Contractor may replace an MSP vessel under an MSP Operating Agreement with another vessel that is eligible to be included in the MSP under section 296.11(a), if the Secretary, in conjunction with the Secretary of Defense, approves the replacement vessel.\n\n(d)  Termination by the Secretary.  If the Contractor materially fails to comply with the terms of the MSP Operating Agreement:\n\n(1) The Secretary shall notify the Contractor and provide a reasonable opportunity for the Contractor to comply with the MSP Operating Agreement;\n\n(2) The Secretary shall terminate the MSP Operating Agreement if the Contractor fails to achieve such compliance; and\n\n(3) Upon such termination, any funds obligated by the relevant MSP Operating Agreement shall be available to the Secretary to carry out the MSP.\n\n(e)  Early termination by Contractor, generally.  An MSP Operating Agreement shall terminate on a date specified by the Contractor if the Contractor notifies the Secretary not later than 60 days before the effective date of the proposed termination that the Contractor intends to terminate the MSP Operating Agreement. The Contractor shall be bound by the provisions relating to vessel documentation and national security commitments, and by its EPA for the full term, from October 1, 2005, through September 30, 2025, of the MSP Operating Agreement.\n\n(f) [Reserved]\n\n(g)  Non-renewal for lack of funds.  If, by the first day of a fiscal year, sufficient funds have not been appropriated under the authority of MSA 2003, as amended, for that fiscal year, the Secretary will notify the Senate Committees on Armed Services and Commerce, Science, and Transportation, and the House of Representatives Committee on Armed Services, that MSP Operating Agreements for which sufficient funds are not available will not be renewed for that fiscal year if sufficient funds are not appropriated by the 60th day of that fiscal year. If only partial funding is appropriated by the 60th day of such fiscal year, then the Secretary, in consultation with the Secretary of Defense, shall select the vessels to retain under MSP Operating Agreements, based on the Secretaries' determinations of the most militarily useful and commercially viable vessels. In the event that no funds are appropriated, then all MSP Operating Agreements shall be terminated, and each Contractor shall be released from its obligations under the MSP Operating Agreement. Final payments under the terminated MSP Operating Agreements shall be made in accordance with \u00a7 296.41. To the extent that funds are appropriated in a subsequent fiscal year, former MSP Operating Agreements may be reinstated if mutually acceptable to the Administrator and the Contractor, provided the MSP vessel remains eligible.\n\n(h)  Release of vessels from obligations.  If sufficient funds are not appropriated for payments under an MSP Operating Agreement for any fiscal year by the 60th day of that fiscal year, then\u2014\n\n(1) Each vessel covered by a terminated MSP Operating Agreement is released from any further obligation under the MSP Operating Agreement;\n\n(2) The owner and operator of a non-tank vessel may transfer and register the applicable vessel under foreign registry deemed acceptable by the Secretary and the SecDef, notwithstanding 46 U.S.C. chapter 561 and 46 CFR part 221;\n\n(3) If section 902 of the Act is applicable to a vessel that has been transferred to a foreign registry due to a terminated MSP Operating Agreement, then that vessel is available to be requisitioned by the Secretary pursuant to section 902 of the Act; and\n\n(4) Paragraph (h) of this section is not applicable to vessels under MSP Operating Agreements that have been terminated for any other reason.\n\n(i)  Foreign transfer of vessel.  A Contractor may transfer a non-tank vessel to a foreign registry, without approval of the Secretary, if the Secretary, in conjunction with the Secretary of Defense, determines that the contractor will provide a replacement vessel:\n\n(1) Of equal or greater military capability and of a capacity that is equivalent or greater as measured in deadweight tons, gross tons, or container equivalent units, as appropriate;\n\n(2) That is a documented vessel under 46 U.S.C. chapter 121 by the owner of the vessel to be placed under a foreign registry; and\n\n(3) That is not more than 10 years of age on the date of that documentation.\n\n(j)  Transfer of MSP Operating Agreements.  A contractor under an MSP Operating Agreement may transfer the agreement (including all rights and obligations under the MSP Operating Agreement) to any person that is eligible to enter into the MSP Operating Agreement under this chapter if the Secretary and the Secretary of Defense determine that the transfer is in the best interests of the United States. A transaction shall not be considered a transfer of an MSP Operating Agreement if the same legal entity with the same vessels remains the contracting party under the MSP Operating Agreement."], ["46:46:8.0.1.3.19.4.3.2", 46, "Shipping", "II", "C", "296", "PART 296\u2014MARITIME SECURITY PROGRAM (MSP)", "D", "Subpart D\u2014Maritime Security Program Operating Agreements", "", "\u00a7 296.31 MSP assistance conditions.", "FMC", "", "", "[70 FR 55588, Sept. 22, 2005, as amended at 82 FR 56898, Dec. 1, 2017]", "(a)  Term of MSP Operating Agreement.  MSP Operating Agreements are authorized for 20 years, starting on October 1, 2005, and ending on September 30, 2025, but payments to Contractors are subject to annual appropriations each fiscal year. MARAD may enter into MSP Operating Agreements for a period less than the full term authorized under the MSA 2003, as amended.\n\n(b)  Terms under a Continuing Resolution (CR).  In the event funds are available under a CR, the terms and conditions of the MSP Operating Agreements shall be in force provided sufficient funds are available to fully meet obligations under MSP Operating Agreements, and only for the period stipulated in the applicable CR. If funds are not appropriated under a CR at sufficient levels for any portion of a fiscal year, the Secretary will select the vessels to retain within the funding level of the previous fiscal year, in consultation with the SecDef, based on the Secretaries' determination of the most militarily useful and commercially viable vessels. With regard to an MSP Operating Agreement that does not receive funds, the terms and conditions of any applicable MSP Operating Agreement may be voided and the Contractor may request termination of the MSP Operating Agreement.\n\n(c)  National security requirements.  Each MSP Operating Agreement shall require the owner or operator of an Eligible Vessel included in that MSP Operating Agreement to enter into an EPA pursuant to section 53107 of the MSA 2003. The EPA shall be a document incorporating the terms of the Voluntary Intermodal Sealift Agreement (VISA), as approved by the Secretary and the SecDef, or other agreement approved by the Secretaries.\n\n(d)  Vessel operating agreements.  The MSP Operating Agreement shall require that during the period an Eligible Vessel is included in that MSP Operating Agreement, the Eligible Vessel shall:\n\n(1)  Documentation:  Be documented as a U.S.-flag vessel under 46 U.S.C. chapter 121;\n\n(2)  Operation:  Be operated exclusively in the foreign commerce or in mixed foreign commerce and domestic trade allowed under a registry endorsement issued under 46 U.S.C. 12111, and shall not otherwise be operated in the coastwise trade of the United States; and\n\n(3)  Noncontiguous Domestic Trade:  Not receive MSP payments during a period in which the Contractor participates,  i.e. , directly or indirectly owns, charters, or operates, a vessel engaged in noncontiguous domestic trade unless the Contractor is a Section 2 Citizen.\n\n(e)  Obligation of the U.S. Government.  The amounts payable as MSP payments under an MSP Operating Agreement shall constitute a contractual obligation of the United States Government to the extent of available appropriations.\n\n(f)  U.S. Merchant Marine Academy cadets.  The MSP Operator shall agree to carry on the MSP vessel two U.S. Merchant Marine Academy cadets, if available, on each voyage."], ["46:46:8.0.1.3.19.4.3.3", 46, "Shipping", "II", "C", "296", "PART 296\u2014MARITIME SECURITY PROGRAM (MSP)", "D", "Subpart D\u2014Maritime Security Program Operating Agreements", "", "\u00a7 296.32 Reporting requirements.", "FMC", "", "", "[70 FR 55588, Sept. 22, 2005, as amended at 82 FR 56898, Dec. 1, 2017]", "The Contractor shall submit to the Director, Office of Financial Approvals, Maritime Administration, 2nd Floor, West Building, 1200 New Jersey Ave. SE., Washington, DC 20590, one of the following reports, including management footnotes where necessary to make a fair financial presentation:\n\n(a)  Form MA-172:  Not later than 120 days after the close of the Contractor's semiannual accounting period, a Form MA-172 on a semiannual basis, in accordance with 46 CFR 232.6; or\n\n(b)  Financial Statement:  Not later than 120 days after the close of the Contractor's annual accounting period, an audited financial statement in accordance with 46 CFR 232.6 and the most recent vessel operating cost data submitted as part of its EPA, or if not current year data, a Schedule 310 of the MA-172."], ["46:46:8.0.1.3.19.5.3.1", 46, "Shipping", "II", "C", "296", "PART 296\u2014MARITIME SECURITY PROGRAM (MSP)", "E", "Subpart E\u2014Billing and Payment Procedures", "", "\u00a7 296.40 Billing procedures.", "FMC", "", "", "[82 FR 56898, Dec. 1, 2017]", "Submission of voucher.  For contractors operating under more than one MSP Operating Agreement, the contractor may submit a single monthly voucher applicable to all its MSP Operating Agreements. Each voucher submission shall include a certification that the vessel(s) for which payment is requested were operated in accordance with \u00a7 296.31(d) and applicable MSP Operating Agreements with MARAD, and consideration shall be given to reductions in amounts payable as set forth in \u00a7 296.41(b) and (c). All submissions shall be forwarded to the Director, Office of Accounting, MAR-330, Maritime Administration, 2nd Floor, West Building, 1200 New Jersey Ave. SE., Washington, DC 20590. Payments shall be paid and processed under the terms and conditions of the Prompt Payment Act, 31 U.S.C. 3901."], ["46:46:8.0.1.3.19.5.3.2", 46, "Shipping", "II", "C", "296", "PART 296\u2014MARITIME SECURITY PROGRAM (MSP)", "E", "Subpart E\u2014Billing and Payment Procedures", "", "\u00a7 296.41 Payment procedures.", "FMC", "", "", "[70 FR 55588, Sept. 22, 2005, as amended at 82 FR 56898, Dec. 1, 2017]", "(a)  Amount payable.  An MSP Operating Agreement shall provide, subject to the availability of appropriations and to the extent the MSP Operating Agreement is in effect, for each Agreement Vessel, an annual payment equal to $2,600,000 for FY 2006, FY 2007, FY 2008; $2,900,000 for FY 2009, FY 2010, FY 2011; $3,100,000 for FY 2012, FY 2013, FY 2014, and FY 2015; $3,500,000 for FY 2016; $4,999,950 for FY 2017; $5,000,000 for FY 2018, FY 2019, and FY 2020; $5,233,463 for FY 2021; and $3,700,000 for FY 2022, FY 2023, FY 2024, and FY 2025. This amount shall be paid in equal monthly installments at the end of each month. The annual amount payable shall not be reduced except as provided in paragraphs (b) and (c) of this section.\n\n(b)  Reductions in amount payable.  (1) The annual amount otherwise payable under an MSP Operating Agreement shall be reduced on a pro rata basis for each day less than 320 in a fiscal year that an Agreement Vessel:\n\n(i) Is not operated exclusively in the foreign commerce, except for tank vessels, which may be operated in foreign-to-foreign commerce;\n\n(ii) Is operated in the coastwise trade; or\n\n(iii) Is not documented under 46 U.S.C. chapter 121.\n\n(2) To the extent that a Contractor operates MSP vessels less than 320 days under the provisions of \u00a7 296.31(d), payments will be reduced for each day less than 320 days.\n\n(c)  No payment.  (1) Regardless of whether the Contractor has or will operate for 320 days in a fiscal year, a Contractor shall not be paid:\n\n(i) For any day that an Agreement Vessel is engaged in transporting more than 7,500 tons (using the U.S. English standard of short tons, which converts to 6,696.75 long tons, or 6,803.85 metric tons) of civilian bulk preference cargoes pursuant to section 901(a), 901(b), or 901b of the Act, provided that it is bulk cargo;\n\n(ii) During a period in which the Contractor participates in noncontiguous domestic trade, unless that Contractor is a Section 2 Citizen;\n\n(iii) While under charter to the United States Government other than a charter pursuant to an EPA under \u00a7 53107 of the MSA 2003. A voyage charter that is essentially a contract of affreightment will not be considered to be a charter;\n\n(iv) For a vessel in excess of 25 years of age, except for a LASH vessel in excess of 30 years of age or a tank vessel which is limited to 20 years of age, unless the vessel is a Participating Fleet Vessel meeting the requirements of \u00a7 296.21(e);\n\n(v) For days in excess of 30 days in a fiscal year in which a vessel is drydocked or undergoing survey, inspection, or repair unless prior to the expiration of the vessel's 30-day period, approval is obtained from MARAD for an extension beyond 30 days. Drydocking, survey, inspection, or repair periods of 30 days or less are considered operating days; and\n\n(vi) If the contracted vessel is not operated or maintained in accordance with the terms of the MSP Operating Agreement.\n\n(2) To the extent that non-payment days under paragraph (c) of this section are known, Contractor payments shall be reduced at the time of the current billing. The daily reduction amounts shall be based on the annual amounts in paragraph (a) of this section divided by 365 days (366 days in leap years) and rounded to the nearest cent. Daily reduction amounts shall be applied.\n\n(3) MARAD may require, for good cause, that a portion of the funds payable under this section be withheld if the provisions of \u00a7 296.31(d) have not been met.\n\n(4) Amounts owed to MARAD for reductions applicable to a prior billing period shall be electronically transferred using MARAD's prescribed format, or a check may be forwarded to the Maritime Administration, P.O. Box 845133, Dallas, Texas 75284-5133, or the amount owed can be credited to MARAD by offsetting amounts payable in future billing periods."], ["46:46:8.0.1.3.19.6.3.1", 46, "Shipping", "II", "C", "296", "PART 296\u2014MARITIME SECURITY PROGRAM (MSP)", "F", "Subpart F\u2014Appeals Procedures", "", "\u00a7 296.50 Administrative determinations.", "FMC", "", "", "", "(a)  Policy.  A Contractor who disagrees with the findings, interpretations or decisions of the Maritime Administration or the Contracting Officer with respect to the administration of this part or any other dispute or complaint concerning MSP Operating Agreements may submit an appeal to the Administrator. Such appeals shall be made in writing to the Secretary, within 60 days following the date of the document notifying the Contractor of the administrative determination of the Contracting Officer. Such an appeal should be addressed to the Maritime Administrator, Attn.: MSP Operating Agreement Appeals, Maritime Administration, 400 Seventh St., SW., Washington, DC 20590. Such an appeal is a prerequisite to exhausting administrative remedies.\n\n(b)  DOD determinations.  The MSA 2003 assigns joint and separate roles and responsibilities to the Secretary and to the SecDef. The Administrator and the Commander will make joint and separate findings, interpretations, and decisions necessary to implement the MSA 2003. A Contractor who disagrees with the initial findings, interpretations or decisions regarding the implementation of the MSA 2003\u2014whether joint or separate in nature\u2014shall communicate such disagreement to the Contracting Officer. Any disagreement or dispute of a Contractor may, where appropriate, be transferred to the Director, Policy and Plans, U.S. Transportation Command (Director), for resolution. A Contractor who disagrees with the findings, interpretations, or decisions of the Director, with respect to the administration of this part, may submit an appeal to the Commander. Such an appeal shall be made in writing to the Commander within 60 days following the date of the document notifying the Contractor of the administrative determination of the Director. Such an appeal should be addressed to the Commander, U.S. Transportation Command, 508 Scott Drive, Scott Air Force Base, IL 62225-5357.\n\n(c)  Process.  The Administrator, or the Commander in the case of a DOD determination, may require the person making the request to furnish additional information, or proof of factual allegations, and may order any proceeding appropriate in the circumstances. The decision of the Administrator, or the Commander in the case of a DOD determination, shall be final."], ["50:50:11.0.1.8.9.0.1.1", 50, "Wildlife and Fisheries", "II", "K", "296", "PART 296\u2014FISHERMEN'S CONTINGENCY FUND", "", "", "", "\u00a7 296.1 Purpose.", "NOAA", "", "", "", "These regulations implement title IV of the Outer Continental Shelf Lands Act Amendments of 1978, as amended (title IV). Title IV establishes a Fishermen's Contingency Fund to compensate commercial fishermen for damage or loss caused by obstructions associated with oil and gas activities on the Outer Continental Shelf."], ["50:50:11.0.1.8.9.0.1.10", 50, "Wildlife and Fisheries", "II", "K", "296", "PART 296\u2014FISHERMEN'S CONTINGENCY FUND", "", "", "", "\u00a7 296.10 Agency review.", "NOAA", "", "", "", "(a) Within 30 days after the Chief, FDS, issues an initial determination, the claimant, or any other interested person who submitted evidence relating to the initial determination, may ask the Assistant Administrator, NMFS, or his designee, for a review of the initial determination.\n\n(b) The petitioner may submit written or oral evidence within 30 days of filing the petition for review."], ["50:50:11.0.1.8.9.0.1.11", 50, "Wildlife and Fisheries", "II", "K", "296", "PART 296\u2014FISHERMEN'S CONTINGENCY FUND", "", "", "", "\u00a7 296.11 Final determination.", "NOAA", "", "", "", "(a) If a petition for review of an initial determination is filed within 30 days after the date the Chief, FSD, issues an initial determination, the Assistant Administrator, NMFS, or his designee will conduct a review of the initial determination, and will issue a final determination no later than 60 days after receipt of the request for review of the initial determination.\n\n(b) If a petition for review of an initial determination is not filed within 30 days after the day on which the Chief, FSD, issues an initial determination, the initial determination will become a final determination."], ["50:50:11.0.1.8.9.0.1.12", 50, "Wildlife and Fisheries", "II", "K", "296", "PART 296\u2014FISHERMEN'S CONTINGENCY FUND", "", "", "", "\u00a7 296.12 Payment of costs.", "NOAA", "", "", "", "(a)  By person denying responsibility for damage.  Any person who is notified by the Interior Department and fails to respond or denies responsibility for the damages claimed will pay the costs of the proceedings if such person is subsequently found to be responsible for the damage claimed.\n\n(b)  By the claimant.  Any claimant who files a claim will pay the cost of the proceedings if such person is subsequently found to be responsible for the damage claimed.\n\n(c)  By person denying responsibility for damage and the claimant.  If more than one party is found to have responsibility for the damage claimed, then the cost of the proceedings will be apportioned between them."], ["50:50:11.0.1.8.9.0.1.13", 50, "Wildlife and Fisheries", "II", "K", "296", "PART 296\u2014FISHERMEN'S CONTINGENCY FUND", "", "", "", "\u00a7 296.13 Payment of award for claim.", "NOAA", "", "", "[61 FR 6322, Feb. 20, 1996]", "(a) Upon an initial determination, the Chief, Financial Services Division, shall immediately disburse the claim awarded if the claimant signed as part of his/her application a statement agreeing to repay all or any part of the award if the award should for any reason be subsequently reduced.\n\n(b) [Reserved]"], ["50:50:11.0.1.8.9.0.1.14", 50, "Wildlife and Fisheries", "II", "K", "296", "PART 296\u2014FISHERMEN'S CONTINGENCY FUND", "", "", "", "\u00a7 296.14 Subrogation.", "NOAA", "", "", "[47 FR 49600, Nov. 1, 1982, as amended at 61 FR 6323, Feb. 20, 1996]", "(a) The claim application will contain a subrogation statement signed by the claimant as a condition of payment of the claim which:\n\n(1) Assigns to the Fund the claimant's rights against third parties; and\n\n(2) Provides that the claimant will assist the Fund in any reasonable way to pursue those rights.\n\n(b) Collection of subrogated rights. If a reasonable chance of successful collection exists, NMFS will refer any subrogated rights to the Justice Department for collection.\n\n(c) Any moneys recovered through subrogation shall be deposited into the Fund."], ["50:50:11.0.1.8.9.0.1.15", 50, "Wildlife and Fisheries", "II", "K", "296", "PART 296\u2014FISHERMEN'S CONTINGENCY FUND", "", "", "", "\u00a7 296.15 Judicial review.", "NOAA", "", "", "", "Any claimant or other person who is aggrieved by a final determination may, no later than 30 days after the determination, seek judicial review of the determination in the United States District Court for such judicial district as may be mutually agreeable to the parties concerned or, if no agreement can be reached, in the United States District Court for the judicial district in which the claimant's home port is located."], ["50:50:11.0.1.8.9.0.1.2", 50, "Wildlife and Fisheries", "II", "K", "296", "PART 296\u2014FISHERMEN'S CONTINGENCY FUND", "", "", "", "\u00a7 296.2 Definitions.", "NOAA", "", "", "[47 FR 49600, Nov. 1, 1982, as amended at 61 FR 6322, Feb. 20, 1996]", "Area affected by Outer Continental Shelf activities  means the area within a 3-mile radius of any casualty site which:\n\n(1) Includes any portion of a leased block, pipeline, easement, right of way, or other OCS oil and gas exploration, development, or production activity; or\n\n(2) Is otherwise associated (as determined by the Chief, Financial Services Division) with OCS oil and gas activities, such as, for example, expired lease areas, relinquished rights-of-way or easements, and areas used extensively by surface vessels supporting OCS oil and gas activities (areas landward of the OCS are included when such areas meet this criterion).\n\nChief, FSD  means Chief, Financial Services Division, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910; telephone: (301) 713-2396.\n\nCitizen of the United States  means any person who is a United States citizen, any State, or any corporation, partnership, or association organized under the laws of any state which meets the requirements for documenting vessels in the U.S. coastwise trade.\n\nCommercial fisherman  means any citizen of the United States who owns, operates, or is employed on a commercial fishing vessel.\n\nCommercial fishing vessel  means any marine craft which is documented under the laws of the United States or, if under five net tons, registered under the laws of any State, and used for commercial fishing or activities directly related to commercial fishing.\n\nEasement  means a right of use or easement granted under 30 CFR 250.18.\n\nFish  means all forms of marine animal and plant life other than marine mammals, birds, and highly migratory species.\n\nFishing gear  means any commercial fishing vessel, and any equipment of such vessel.\n\nFund  means the Fishermen's Contingency Fund established by title IV of the Outer Continental Shelf Lands Act Amendments of 1978.\n\nHolder  means the owner of record of each lease, prelease exploratory drilling permit, easement, or right-of-way or any agent or assignee of an owner.\n\nLease  means any authority under section 8 or section 6 of the OCS Lands Act to develop and produce or explore for oil or gas.\n\nNegligence or fault  includes, but is not limited to, failure to:\n\n(1) Remain outside of any navigation safety zone established around oil and gas rigs and platforms by any responsible Federal agency;\n\n(2) Avoid obstructions recorded on nautical charts or in the Notice to Mariners or marked by a buoy or other surface marker (casualties occurring within a one-quarter mile radius of obstructions so recorded or marked are presumed to involve negligence or fault of the claimant);\n\n(3) Abide by established rules of the road;\n\n(4) Use proper care; or\n\n(5) Use due care and diligence to mitigate the damage or loss.\n\nOuter Continental Shelf  means all submerged lands lying seaward and outside of the area of lands beneath navigable waters as defined in 43 U.S.C. section 1301, and of which the subsoil and seabed appertain to the United States and are subject to its jurisdiction and control. Generally, but not in all cases, this includes all submerged lands lying seaward of the territorial sea (3 miles from a State's coastline, or 9 miles from the coast of Texas or Florida).\n\nPerson  means an individual, partnership, corporation, association, public or private organization, government, or other entity.\n\nResulting Economic Loss  means the gross income, as estimated by the Chief, FSD, that a claimant will lose because of not being able to fish, or having to reduce fishing effort, during the period before the damaged or lost fishing gear concerned is repaired or replaced and available for use. This period must be reasonable. This period begins on the date of the casualty and stops on the date the damage could reasonably have been remedied by repair or replacement.\n\nRight-of-way  means any right-of-way granted under section 5(e) of the OCS Lands Act or under 43 CFR 3340.0-5.\n\nSecretary  means the Secretary of Commerce or his designee."], ["50:50:11.0.1.8.9.0.1.3", 50, "Wildlife and Fisheries", "II", "K", "296", "PART 296\u2014FISHERMEN'S CONTINGENCY FUND", "", "", "", "\u00a7 296.3 Fishermen's contingency fund.", "NOAA", "", "", "", "(a)  General.  There is established in the Treasury of the United States the Fishermen's Contingency Fund. The Fund is available without fiscal year limitation as a revolving fund to carry out the purposes of title IV of the Outer Continental Shelf Lands Act Amendments of 1978, as amended.\n\n(b)  Payments into the fund.  Each Holder of an exploration permit, lease, easement, or rights-of-way for the construction of a pipeline, or a prelease exploration drilling permit issued or maintained under the Outer Continental Shelf Lands Act, in effect on or after June 30, 1982, shall pay assessments to the Fund. All pipeline right-of-way and easements are to be included for assessment except those constructed and operated lines within the confines of a single lease or group of contiguous leases under unitized operation or single operator. Payments will not be required for geological or geophysical permits, other than prelease exploratory drilling permits issued under section 11 of the Outer Continental Shelf Lands Act (43 U.S.C. 1340).\n\n(1)  Assessments to maintain the fund.  When the total amount in the Fund is less than the Chief, FSD, determines is needed to pay Fund claims and expenses, the Chief, FSD, will notify the Secretary of the Interior that additional assessments are needed.\n\n(2)  Billing and collections.  The Secretary of the Interior will calculate the amounts to be paid by each Holder and shall notify each Holder of the dollar amount and the time and place for all payments. Each assessment shall be paid to the Secretary of the Interior no later than 45 days after the Secretary of the Interior sends notice of the assessment.\n\n(3)  Annual assessment limits.  No Holder shall be required to pay in excess of $5,000 for any lease, permit, easement or right-of-way in any calendar year.\n\n(c)  Moneys recovered through subrogation.  Any moneys recovered by the Secretary through the subrogation of a claimant's rights shall be deposited into the Fund.\n\n(d)  Investments of the fund.  Excess sums in the Fund will be invested in obligations of, or guaranteed by, the United States. Revenue from such investments shall be deposited in the Fund.\n\n(e)  Litigation.  The Fund may sue and be sued in its own name."], ["50:50:11.0.1.8.9.0.1.4", 50, "Wildlife and Fisheries", "II", "K", "296", "PART 296\u2014FISHERMEN'S CONTINGENCY FUND", "", "", "", "\u00a7 296.4 Claims eligible for compensation.", "NOAA", "", "", "[47 FR 49600, Nov. 1, 1982, as amended at 50 FR 13796, Apr. 8, 1985; 61 FR 6322, Feb. 20, 1996]", "(a)  Claimants.  Damage or loss eligible for Fund compensation must be suffered by a commercial fisherman.\n\n(b)  Damage or loss of fishing gear.  Damage or loss is eligible for Fund compensation if it was caused by materials, equipment, tools, containers, or other items associated with OCS oil and gas exploration, development, or production activities. Damage or loss may be eligible for compensation even though it did not occur in OCS waters if the item causing the damage or loss was associated with oil and gas exploration, development, or production activities in OCS waters.\n\n(c)  Exceptions.  Damage or loss is not eligible for Fund compensation:\n\n(1) If the damage or loss was caused by the negligence or fault of the claimant;\n\n(2) If the damage or loss occurred prior to September 18, 1978;\n\n(3) To the extent that damage or loss exceeds the replacement value of the fishing gear involved;\n\n(4) For any portion of the damage or loss which can be compensated by insurance;\n\n(5) If the claim is not filed within 90 calendar days of the date the claimant or the claimant's agent first became aware of the damage or loss (or such longer period as the Secretary may allow under unusual and extenuating circumstances); or\n\n(6) If the damage or loss was caused by an obstruction unrelated to OCS oil and gas exploration, development, or production activities."], ["50:50:11.0.1.8.9.0.1.5", 50, "Wildlife and Fisheries", "II", "K", "296", "PART 296\u2014FISHERMEN'S CONTINGENCY FUND", "", "", "", "\u00a7 296.5 Instructions for filing claims.", "NOAA", "", "", "[47 FR 49600, Nov. 1, 1982, as amended at 50 FR 13796, Apr. 8, 1985; 53 FR 24645, June 29, 1988; 61 FR 6322, Feb. 20, 1996]", "(a)  Fifteen-day report required to gain presumption of causation \u2014(1)  General.  Damages or losses are presumed to be qualified for compensation if certain requirements are satisfied. One requirement is that a report must be made to NMFS within fifteen (15) days after the date on which the vessel first returns to a port after discovering the damage or loss. Filing of a fifteen-day report must be followed up by filing a detailed claim.\n\n(2)  When and how to file a fifteen-day report.  To qualify for the presumption of causation, a fifteen-day report must be made to NMFS within fifteen days after the date on which the vessel first returns to a port after discovering the damage or loss. Satisfaction of the fifteen-day requirement is determined by the postmark, if the report is mailed; by the date of a call, if the report is telephoned or radiotelephoned; or, by the date of appearance, if the report is made in person. The fifteen-day report must be made to the Chief, Financial Services Division, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910; telephone: (301) 713-2396.\n\n(3)  Contents of fifteen-day report.  Each fifteen-day report must include the following information:\n\n(i) The claimant's name and address;\n\n(ii) The name of the commercial fishing vessel involved;\n\n(iii) The location of the obstruction which caused the damage or loss;\n\n(iv) A description of the nature of the damage or loss;\n\n(v) The date such damage or loss was discovered;\n\n(vi) If the fifteen-day report is made after the vessel returns to port, the date on which the vessel first returned to port after discovering the damage.\n\n(b)  Form of claim.  Claims must be in writing. Claims may be submitted on NOAA form 88-164. This form may be obtained from any NMFS regional office or from the Chief, FSD. Although claimants are not required to use this claim form, it will probably be to their benefit to do so.\n\n(c)  Who must file and when and where to file claims.  All claimants (including those who filed 15-day reports to gain the presumption of causation) must submit a claim application to the Chief, Financial Services Division, within 90 calendar days of the date the claimant or the claimant's agent first became aware of the damage or loss. The Chief, FSD, may allow a longer period for filing claims if, in his discretion, unusual and extenuating circumstances justify a longer period. The term \u201cfiled\u201d means delivered in person, or mailed (as determined by the date of the postmark) to the Chief, Financial Services Division, National Marine Fisheries Service, 1825 Connecticut Avenue, NW., Washington, DC 20235. The Chief, FSD, suggests that mailed claims be sent by registered or certified mail, return receipt requested, so the claimant will have a record that the claim was received by the Chief, FSD.\n\n(d)  Aggregating claims.  If more than one commercial fisherman suffers loss or damage from the same incident (for example, when several members of the crew lost income due to loss of fishing time), all claims should be submitted on their behalf by the owner or operator of the commercial fishing vessel involved.\n\n(e)  Contents of claim.  Each claim must be signed by the claimant and must accurately and completely provide the following information:\n\n(1) The name, mailing address, telephone number, citizenship, and occupational status (for example, vessel owner, operator, or crew member) of each claimant;\n\n(2) The name and Coast Guard documentation number or State registration number of the commercial fishing vessel involved in the damage or loss;\n\n(3) The home port, type, and size of the vessel involved in the casualty;\n\n(4) A full statement of the circumstances of the damage or loss including:\n\n(i) The date when the casualty was first discovered by the claimant,\n\n(ii) The water depth (if known) and visibility at the time and location where the casualty occurred,\n\n(iii) The direction, speed, and activities of the claimant's vessel immediately before, during, and after the casualty (including a full description of both the deployment of any fishing gear which is the subject of the claim and all attempts at retrieval of the gear),\n\n(iv) The names and addresses of all witnesses to the casualty,\n\n(v) The location where the casualty occurred in Loran C coordinates or the next most accurate method of position fixing available to the claimant,\n\n(vi) A description of the item or obstruction (if sighted or recovered) which caused the casualty, and whether or not any surface markers were attached to or near the obstruction. Submit any available photographs of the item or obstruction. State reasons for believing the obstruction is associated with OCS oil and gas activities.\n\n(5) The amount claimed for property damage or loss and a full statement of the type and extent of damage or loss including:\n\n(i) An inventory of all components of fishing gear damaged or lost,\n\n(ii) The date, place, and cost of acquisition of all fishing gear damaged or lost and proof of its purchase (sales receipts, affidavits, or other evidence),\n\n(iii) One estimate from a commercial fishing gear repair or supply company of the present replacement or repair (whichever applies) cost of the damaged or lost fishing gear. If the gear will be repaired by the claimant himself, a detailed estimate by the claimant identifying the repair cost.\n\n(6) The amount claimed for economic loss and the basis for that amount with supporting documentation, as follows:\n\n(i) Trip tickets for the three vessel trips immediately before the trip during which the casualty was discovered and for the vessel trip immediately following the trip during which the casualty occurred.\n\n(ii) A statement of the amount of time involved on each of the vessel trips above (or if the casualty involves fixed gear, a statement of the number of gear units deployed on each of these trips).\n\n(iii) A statement of the amount of time lost from fishing because of the damage or loss and a full explanation of why this time period is reasonable.\n\n(iv) Documentation of the date replacement gear was ordered and received or the date gear repair began and ended. This documentation may consist of purchase orders, bills of lading, or statements from sellers or repairers.\n\n(7) The amount claimed for other consequential loss or costs (including fees for claim preparation, etc.) with suitable documentation of the amounts claimed (such as invoices, receipts, etc.)."], ["50:50:11.0.1.8.9.0.1.6", 50, "Wildlife and Fisheries", "II", "K", "296", "PART 296\u2014FISHERMEN'S CONTINGENCY FUND", "", "", "", "\u00a7 296.6 NMFS processing of claims.", "NOAA", "", "", "[47 FR 49600, Nov. 1, 1982, as amended at 61 FR 6322, Feb. 20, 1996]", "(a)  Action by NMFS.  Upon receipt of a claim, the Chief, FSD, will:\n\n(1) Send an abstract of the claim to the Secretary of the Interior;\n\n(2) Send the reported location of any obstruction which was not recovered and retained to the National Ocean Survey, which will inform the Defense Mapping Agency Hydrographic/Topographic Center.\n\n(b)  Actions by the Interior Department.  Upon receipt of an abstract of a claim, the Interior Department will immediately:\n\n(1) Plot the casualty site, and advise NMFS whether the site is in an area affected by OCS activities;\n\n(2) make reasonable efforts to notify all persons known to have engaged in activities associated with OCS energy activity in the vicinity where the damage or loss occurred.\n\n(c)  Responses to notice of claim.  (1) Each person notified by the Interior Department will, within thirty days after receipt of the notice, advise the Chief, FSD, and the Interior Department whether he admits or denies responsibility for the damages claimed.\n\n(2) Each person notified by the Interior Department who fails to give timely and proper advice of admission or denial of responsibility shall be presumed to deny responsibility for the damages claimed.\n\n(3) If any person admits responsibility, the Chief, FSD, will initiate action to recover from that party any sums paid or to be paid for the claimed damages.\n\n(4) Any person referred to in this section, including lessees or permittees or their contractors or subcontractors, may submit evidence about any claim to the Chief, FSD.\n\n(d)  Failure to meet filing requirements.  The Chief, FSD, may reject any claim that does not meet the filing requirements. The Chief, FSD, will give a claimant whose claim is rejected written notice of the reasons for rejection within 30 days after the date on which the claim was filed. If the claimant does not refile an acceptable claim within 30 days after the date of this written notice, the claimant is not eligible for Fund compensation unless there are extenuating circumstances.\n\n(e)  Proceedings \u2014(1)  Location.  Any required proceeding will be conducted within such United States judicial district as may be mutually agreeable to the claimant and the Assistant Administrator, NMFS, or his designee, or if no agreement can be reached, within the United States judicial district in which the claimant's home port is located.\n\n(2)  Powers.  For purposes of any proceeding, the Assistant Administrator, NMFS, or his designee, shall have the power to administer oaths and subpoena witnesses and the production of books, records, and other evidence relative to the issues involved.\n\n(3)  Amendments to claims.  A claimant may amend the claim at any time before the Chief, FSD, issues an initial determination.\n\n(4)  Criminal penalty for fraudulent claims.  Any person who files a fraudulent claim is subject to prosecution under 18 U.S.C. sections 287 and 1001, each of which, upon conviction, imposes a penalty of not more than a $10,000 fine and 5 years' imprisonment, or both."], ["50:50:11.0.1.8.9.0.1.7", 50, "Wildlife and Fisheries", "II", "K", "296", "PART 296\u2014FISHERMEN'S CONTINGENCY FUND", "", "", "", "\u00a7 296.7 Burden of proof and presumption of causation.", "NOAA", "", "", "", "(a)  Burden of proof.  The claimant has the burden to establish, by a preponderance of the evidence, all facts necessary to qualify his claim, including:\n\n(1) The identity or nature of the item which caused the damage or loss; and\n\n(2) That the item is associated with oil and gas exploration, development, or production activities on the Outer Continental Shelf.\n\n(b)  Presumption of causation.  Notwithstanding the above, damages or losses are presumed to be caused by items associated with oil and gas exploration, development, or production activities on the OCS if the claimant establishes that:\n\n(1) The claimant's commercial fishing vessel was being used for commercial fishing and was located in an area affected by OCS oil and gas exploration, development, or production activities;\n\n(2) A report on the location of the obstruction which caused such damage or loss, and the nature of such damage or loss, was made within fifteen days after the date on which the vessel first returned to a port after discovering such damage;\n\n(3) There was no record on the most recent nautical charts issued by the National Ocean Survey, NOAA, or in any weekly Notice to Mariners issued by the Defense Mapping Agency Hydrographic/Topographic Center, in effect at least 15 days before the date the damage or loss occurred, then an obstruction existed in the immediate vicinity where the damage or loss occurred. In the case of damages caused by a pipeline, the presumption will be available regardless of whether the pipeline was recorded on charts or in the Notice to Mariners; and\n\n(4) There was no proper surface marker or lighted buoy attached, or closely anchored, to such obstruction.\n\n(c)  Geographic exclusion from presumption of causation.  Damage or loss occurring within a one-quarter mile radius of obstructions recorded on charts or in a Notice to Mariners, or properly marked, is presumed to involve the recorded or marked obstruction."], ["50:50:11.0.1.8.9.0.1.8", 50, "Wildlife and Fisheries", "II", "K", "296", "PART 296\u2014FISHERMEN'S CONTINGENCY FUND", "", "", "", "\u00a7 296.8 Amount of award.", "NOAA", "", "", "[47 FR 49600, Nov. 1, 1982, as amended at 50 FR 13796, Apr. 8, 1985]", "(a)  Actual damages.  The award for damaged fishing gear will be the lesser of the gear's repair cost or replacement cost. The award for lost fishing gear will be the gear's replacement cost.\n\n(b)  Consequential damages.  An award may also include compensation for any damage or loss (except personal injury) that is incurred as a consequence of the fishing gear damage or loss.\n\n(c)  Resulting economic loss.  An award may also include 50 percent of the resulting economic loss from damage to or loss of fishing vessels and gear.\n\n(d)  Attorney, CPA, consultant fees.  An award may also include compensation for reasonable fees paid by the claimant to an attorney, CPA, or other consultant for the preparation or prosecution of a claim.\n\n(e)  Negligence of claimant.  (1) An award will be reduced to the extent that the loss or damage was caused by the negligence or fault of the claimant. (For example, a claimant who sustained $10,000 in damages and whose negligence or fault was found to be responsible for 40% of the damage would receive $6,000 in compensation. If the same claimant were responsible for 99% of the negligence or fault that caused the damage, the claimant would receive $100 in compensation).\n\n(2) Negligence of the owner or operator of the fishing vessel or gear will reduce crewmember awards to the same extent that it reduces an award to the vessel's owner or operator.\n\n(f)  Insurance proceeds.  An award will be reduced by the amount the claimant has, or reasonably would have, received under a commercial policy of full hull and machinery and protection and indemnity insurance, whether or not such insurance was in effect at the time the casualty occurred."], ["50:50:11.0.1.8.9.0.1.9", 50, "Wildlife and Fisheries", "II", "K", "296", "PART 296\u2014FISHERMEN'S CONTINGENCY FUND", "", "", "", "\u00a7 296.9 Initial determination.", "NOAA", "", "", "", "The Chief, FSD will make an initial determination on a claim within 60 days after the day on which the claim is accepted for filing. The initial determination will state:\n\n(a) If the claim is disapproved, the reason for disapproval, or\n\n(b) If the claim is approved, the amount of compensation and the basis on which the amount was determined."]], "truncated": false, "filtered_table_rows_count": 67, "expanded_columns": [], "expandable_columns": [], "columns": ["section_id", "title_number", "title_name", "chapter", "subchapter", "part_number", "part_name", "subpart", "subpart_name", "section_number", "section_heading", "agency", "authority", "source_citation", "amendment_citations", "full_text"], "primary_keys": ["section_id"], "units": {}, "query": {"sql": "select section_id, title_number, title_name, chapter, subchapter, part_number, part_name, subpart, subpart_name, section_number, section_heading, agency, authority, source_citation, amendment_citations, full_text from cfr_sections where \"part_number\" = :p0 order by section_id limit 101", "params": {"p0": "296"}}, "facet_results": {"title_number": {"name": "title_number", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=296", "results": [{"value": 44, "label": 44, "count": 28, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=296&title_number=44", "selected": false}, {"value": 46, "label": 46, "count": 16, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=296&title_number=46", "selected": false}, {"value": 50, "label": 50, "count": 15, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=296&title_number=50", "selected": false}, {"value": 14, "label": 14, "count": 8, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=296&title_number=14", "selected": false}], "truncated": false}, "agency": {"name": "agency", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=296", "results": [{"value": "FEMA", "label": "FEMA", "count": 28, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=296&agency=FEMA", "selected": false}, {"value": "FMC", "label": "FMC", "count": 16, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=296&agency=FMC", "selected": false}, {"value": "NOAA", "label": "NOAA", "count": 15, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=296&agency=NOAA", "selected": false}, {"value": "FAA", "label": "FAA", "count": 8, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=296&agency=FAA", "selected": false}], "truncated": false}, "part_number": {"name": "part_number", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=296", "results": [{"value": "296", "label": "296", "count": 67, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json", "selected": true}], "truncated": false}}, "suggested_facets": [{"name": "title_name", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=296&_facet=title_name"}, {"name": "chapter", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=296&_facet=chapter"}, {"name": "subchapter", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=296&_facet=subchapter"}, {"name": "part_name", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=296&_facet=part_name"}, {"name": "subpart", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=296&_facet=subpart"}, {"name": "subpart_name", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=296&_facet=subpart_name"}, {"name": "amendment_citations", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=296&_facet=amendment_citations"}], "next": null, "next_url": null, "private": false, "allow_execute_sql": true, "query_ms": 29.490023967809975, "source": "Federal Register API & Regulations.gov API", "source_url": "https://www.federalregister.gov/developers/api/v1", "license": "Public Domain (U.S. Government data)", "license_url": "https://www.regulations.gov/faq"}