cfr_sections
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
13 rows where agency = "FMC" and part_number = 309 sorted by section_id
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| 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 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 46:46:8.0.1.7.23.0.11.1 | 46 | Shipping | II | G | 309 | PART 309—VALUES FOR WAR RISK INSURANCE | § 309.1 Procedure. | FMC | The Ship Valuation Committee, Maritime Administration, shall publish bianually in the notice section of the Federal Register a general notice which shall set forth the stated valuations of individual vessels upon which interim binders for war risk hull insurance have been issued. Such values shall be effective with respect to a six-month period commencing on January 1 and ending on June 30, or a six-month period commencing on July 1 and ending on December 31 of each calendar year; Provided, however, That if there is a substantial change in market values during the effective period of a state valuation, the Maritime Administration reserves the right to revise such valuations at any time during such period. | ||||||
| 46:46:8.0.1.7.23.0.11.10 | 46 | Shipping | II | G | 309 | PART 309—VALUES FOR WAR RISK INSURANCE | § 309.201 Purpose. | FMC | It is the purpose of §§ 309.201 through 309.204 to prescribe the method for determining the values of stores and supplies on board a vessel when lost, for which claims for loss will be paid, and to prescribe the procedure for payment of claims for such loss, when stores and supplies are covered under a disbursements clause of a War Risk Hull Insurance Binder or a War Risk Hull Insurance Policy issued by the United States on forms prescribed by §§ 308.106 and 308.107 of this chapter, or when stores and supplies are covered by a War Risk Disbursements Policy issued by the United States pursuant to section 1203(c) of the Merchant Marine Act, 1936, as amended (46 U.S.C. 1283(c)). The vessel values established by §§ 309.1 through 309.8 (General Order 82) do not include any allowance for the loss of stores and supplies, as distinguished from equipment and spare parts which are included in such vessel values. | ||||||
| 46:46:8.0.1.7.23.0.11.11 | 46 | Shipping | II | G | 309 | PART 309—VALUES FOR WAR RISK INSURANCE | § 309.202 Definitions. | FMC | Stores and supplies are those articles and commodities used and consumed in the day-to-day operation of a vessel by the operation and maintenance of machinery and equipment; the maintenance of clean and sanitary conditions; the feeding of passengers, officers, and crew; and stocked for the use and convenience of passengers, officers, and crew. Vessel stores and supplies include (a) consumable stores, (b) subsistence stores, (c) slop chest, (d) bar stock, and (e) fuel, as defined in Maritime Administration Inventory Books, Forms MA-4736, A through K. | ||||||
| 46:46:8.0.1.7.23.0.11.12 | 46 | Shipping | II | G | 309 | PART 309—VALUES FOR WAR RISK INSURANCE | § 309.203 Value at time of loss. | FMC | The value of unused stores and supplies on board a vessel at the time of loss, and for which claims for loss will be paid equals: (a) The value of such stores and supplies on board at the completion of the previous voyage, plus (b) The value of stores and supplies purchased and placed on board the vessel before the commencement of the voyage during which the loss occurred, plus (c) The value of stores and supplies purchased and placed on board the vessel after the commencement of such voyage, less (d) That portion of the sum of paragraphs (a), (b), and (c) of this section which was sold, transferred, used or consumed to, but not including, the date of the loss. | ||||||
| 46:46:8.0.1.7.23.0.11.13 | 46 | Shipping | II | G | 309 | PART 309—VALUES FOR WAR RISK INSURANCE | § 309.204 Proof of loss. | FMC | Claims for reimbursement for total loss of stores and supplies may be submitted by the owner to the Chief, Division of Insurance, Maritime Administration, Washington, DC 20590, based on one of two alternative methods of proof, as provided in paragraphs (a) and (b) of this section. Owners may use either method for each category of stores and supplies. (a) Formula. In cases where the owner and the Chief, Division of Insurance, Maritime Administration, have agreed, in advance of the loss, upon amounts representing, or the method for determining, the average daily consumption costs of stores and supplies for the owner's vessel, claims for total loss of such stores and supplies may be submitted by the owner on Affidavit in Proof of Claim for the loss of stores and supplies, Exhibit A. In such cases, the value of the consumable stores at time of loss is determined as follows: (1) The value of consumable stores on board at the time the vessel was ready to sail, determined by multiplying the number of days for which the vessel is stored by the average daily consumption cost in dollars, plus (2) The cost of consumable stores, if any, purchased in foreign ports for the homeward voyage, less (3) The average daily consumption cost times the number of days from the date the vessel was ready to sail to, but not including, the date of loss, plus the actual amount of consumable stores transferred or sold. The values of slop chest stores, bar stock and fuel, at the time of loss are determined in the same manner by using the applicable daily consumption costs for such stores. The value of subsistence stores at the time of loss is determined as follows: (i) The value of subsistence stores on board at the time the vessel was ready to sail, determined by multiplying the agreed cost for one man per day by the number of crew signed on and the number of passengers, if any, and multiplying that product by the number of days for which the vessel is stored, plus (ii) The cost of subsistence stores, if any, purchased in foreign port… | ||||||
| 46:46:8.0.1.7.23.0.11.2 | 46 | Shipping | II | G | 309 | PART 309—VALUES FOR WAR RISK INSURANCE | § 309.2 Definitions. | FMC | (a) Ship Valuation Committee means the Ship Valuation Committee referred to in Maritime Administrative Order 440-3. (b) The date a vessel is built is the date the vessel is delivered by the shipbuilder. (c) The deadweight tonnage of a vessel means her deadweight capacity established in accordance with normal Summer Freeboard as assigned pursuant to the International Load Line Convention, 1966, and shall be her capacity (in tons of 2,240 pounds) for cargo, fuel, fresh water, spare parts, and stores, but exclusive of permanent ballast. (d) The speed of a vessel means the speed determined in accordance with the formulae provided in part 246 of this chapter. (e) A passenger vessel is a vessel which carries more than twelve passengers. | ||||||
| 46:46:8.0.1.7.23.0.11.3 | 46 | Shipping | II | G | 309 | PART 309—VALUES FOR WAR RISK INSURANCE | § 309.3 Stated valuation. | FMC | A stated valuation represents just compensation for the vessel to which it applies computed by the Ship Valuation Committee in accordance with sections 902(a) and 1209(a)(2) of the Merchant Marine Act, 1936, as amended (46 U.S.C. 1242(a), 1289(a)(2)). The stated valuation of a vessel does not include vessel stores and supplies, which consist of (a) consumable stores, (b) subsistence stores, (c) slop chest, (d) bar stock, and (e) fuel, as defined in Maritime Administration Inventory Book Forms MA-4736, A through K, which will be valued separately. | ||||||
| 46:46:8.0.1.7.23.0.11.4 | 46 | Shipping | II | G | 309 | PART 309—VALUES FOR WAR RISK INSURANCE | § 309.4 Maximum amount insured. | FMC | A stated valuation is the maximum amount for which the Maritime Administration will provide war risk hull insurance for damage to or actual or constructive total loss of the vessel to which such valuation applies and for which claims for damage to or actual or constructive total loss of such insured vessel may be adjusted, compromised, settled, adjudged, or paid by the Maritime Administration with respect to insurance attaching during the effective period of such valuation under the standard forms of war risk hull insurance interim binder or policy prescribed by §§ 308.106 and 308.107 of this chapter. | ||||||
| 46:46:8.0.1.7.23.0.11.5 | 46 | Shipping | II | G | 309 | PART 309—VALUES FOR WAR RISK INSURANCE | § 309.5 Condition of vessel. | FMC | If the true condition of a vessel is not known, the Ship Valuation Committee, in determining the stated valuation of the vessel, may assume that it is in a condition that would entitle it to the highest classification of the American Bureau of Shipping, or the equivalent if the vessel is a foreign-flag vessel, with all required certificates, including but not limited to, marine inspection certificates of the United States Coast Guard, the United States Public Health Service, and the Federal Communications Commission, with all outstanding requirements and recommendations necessary for retention of class accomplished, without regard to any grace period; and, so far as due diligence can make her so, the vessel is tight, staunch, strong, and well and sufficiently tacked, appareled, furnished, and equipped, and in every respect seaworthy and in good running condition and repair, with clean swept holds and in all respects fit for service. The stated valuation of a vessel in substandard condition is subject to downward adjustment as provided in § 309.6(a). | ||||||
| 46:46:8.0.1.7.23.0.11.6 | 46 | Shipping | II | G | 309 | PART 309—VALUES FOR WAR RISK INSURANCE | § 309.6 Adjustments for condition, equipment, and other considerations. | FMC | (a) Adjustment for a vessel in substandard condition. If the Maritime Administration determines that a vessel is in substandard condition from that assumed by the Committee as provided in § 309.5, there shall be subtracted from the stated valuation of such vessel an amount estimated by the Maritime Administration as the cost of putting the vessel in the condition assumed by the Committee when determining its stated valuation. (b) Special equipment. If the depreciated reproduction cost less construction subsidy, if any, of any special equipment of material utility in the handling of cargo or utilization of a vessel, not otherwise taken into account in determining the stated valuation of such vessel, is in excess of $50,000, an amount estimated by the Maritime Administration as the fair and reasonable value of such equipment shall be added to the stated valuation of such vessel. (c) Government installations. A stated valuation determined pursuant to this part shall not include any allowance for any special installations or equipment to the extent that their cost was borne by the United States. | ||||||
| 46:46:8.0.1.7.23.0.11.7 | 46 | Shipping | II | G | 309 | PART 309—VALUES FOR WAR RISK INSURANCE | § 309.7 Modifications. | FMC | The Maritime Administration reserves the right to exempt any vessel from the scope of this part, or to amend, modify, or terminate the provisions hereof. | ||||||
| 46:46:8.0.1.7.23.0.11.8 | 46 | Shipping | II | G | 309 | PART 309—VALUES FOR WAR RISK INSURANCE | § 309.8 Vessel data forms. | FMC | [39 FR 30487, Aug. 23, 1974, as amended at 47 FR 25330, June 14, 1982; 50 FR 50167, Dec. 9, 1985] | (a) To accompany application for insurance. Each application for war risk insurance, submitted in accordance with § 308.3 of this chapter, shall be accompanied by a completed Form MA-828, Vessel Data. Copies of this form may be obtained from either the American War Risk Agency, 14 Wall Street, New York, N.Y. 10005, or the Director, Office of Marine Insurance (MAR-540) Maritime Administration 400 Seventh Street SW., Washington, DC 20590. (b) Modification to vessels. Revised vessel data shall be submitted on the appropriate form prescribed in paragraph (a) of this section whenever a vessel undergoes a physical change which increases or decreases its value by five percent or more. | |||||
| 46:46:8.0.1.7.23.0.11.9 | 46 | Shipping | II | G | 309 | PART 309—VALUES FOR WAR RISK INSURANCE | § 309.101 Amendment of interim binders. | FMC | The interim binder for a vessel whose stated valuation is established pursuant to this part shall be deemed to have been amended on the first day of the effective period of such valuation, as provided in the notice publishing such valuation, by inserting in the space provided therefor, or in substitution for any value appearing in such space, the stated valuation of the vessel set forth in such notice. A stated valuation shall apply with respect to insurance attaching during the effective period of such valuation; Provided, however, That if there is a substantial change in market values during such period, the Maritime Administration reserves the right to revise the valuations provided for therein at any time during said period; And provided further, That the assured shall have the right within 60 days after the date of publication of a stated valuation or within 60 days after the attachment of the insurance under the interim binder to which such valuation applies, whichever is later, to reject such valuation and proceed as authorized by section 1209(a)(2), Merchant Marine Act, 1936, as amended (46 U.S.C. 1289(a)(2)). |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);