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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 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 14:14:4.0.1.1.46.1.8.1 | 14 | Aeronautics and Space | II | A | 296 | PART 296—INDIRECT AIR TRANSPORTATION OF PROPERTY | A | Subpart A—General | § 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—INDIRECT AIR TRANSPORTATION OF PROPERTY | A | Subpart A—General | § 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—INDIRECT AIR TRANSPORTATION OF PROPERTY | A | Subpart A—General | § 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—INDIRECT AIR TRANSPORTATION OF PROPERTY | A | Subpart A—General | § 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—INDIRECT AIR TRANSPORTATION OF PROPERTY | A | Subpart A—General | § 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—INDIRECT AIR TRANSPORTATION OF PROPERTY | A | Subpart A—General | § 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—INDIRECT AIR TRANSPORTATION OF PROPERTY | B | Subpart B—Exemption for Indirect Air Transportation of Property | § 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: (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. (2) Section 41702 to the extent required to provide safe service, equipment, and facilities in connection with air transportation. (3) Section 41310 (nondiscrimination) with respect to foreign air transportation. (4) Section 41708 (accounts, records, and reports) and section 41709 (inspection of accounts and property); (5) Section 41712 (unfair or deceptive practices or method of competition); (6) Section 40102(b) (form of control); and (7) Section 41711 (inquiry into air carrier management). (b)-(c) [Reserved] (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—INDIRECT AIR TRANSPORTATION OF PROPERTY | C | Subpart C—Violations | § 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—HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE | A | Subpart A—General | § 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 (“Claims Office”) 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—HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE | A | Subpart A—General | § 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—HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE | A | Subpart A—General | § 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—HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE | A | Subpart A—General | § 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. Administrative 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. Administrator means the Administrator of the Federal Emergency Management Agency. Arbitration 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. Authorized 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. Authorized 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. Claimant means a person who has filed a Notice of Loss under the Act. Claims Office means the Office of Hermit's Peak/Calf Canyon Fire Claims. Claims 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. Days means calendar days, including weekends and holidays. Director means an Independent Claims Manager appointed by the Administrator who will serve as the Direct… | ||||
| 44:44:1.0.1.5.61.1.10.5 | 44 | Emergency Management and Assistance | I | E | 296 | PART 296—HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE | A | Subpart A—General | § 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. (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. (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 evaluatio… | ||||
| 44:44:1.0.1.5.61.1.10.6 | 44 | Emergency Management and Assistance | I | E | 296 | PART 296—HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE | A | Subpart A—General | §§ 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—HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE | B | Subpart B—Bringing a Claim Under the Hermit's Peak/Calf Canyon Fire Assistance Act | § 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. (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. (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. (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. (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. (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—HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE | B | Subpart B—Bringing a Claim Under the Hermit's Peak/Calf Canyon Fire Assistance Act | § 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 § 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 § 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—HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE | B | Subpart B—Bringing a Claim Under the Hermit's Peak/Calf Canyon Fire Assistance Act | § 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. (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—HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE | B | Subpart B—Bringing a Claim Under the Hermit's Peak/Calf Canyon Fire Assistance Act | § 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—HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE | B | Subpart B—Bringing a Claim Under the Hermit's Peak/Calf Canyon Fire Assistance Act | § 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—HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE | B | Subpart B—Bringing a Claim Under the Hermit's Peak/Calf Canyon Fire Assistance Act | §§ 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—HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE | C | Subpart C—Compensation Available Under the Hermit's Peak/Calf Canyon Fire Assistance Act | § 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—HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE | C | Subpart C—Compensation Available Under the Hermit's Peak/Calf Canyon Fire Assistance Act | § 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. (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 § 296.31(b). (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. (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. (2) Reforestation and revegetation. Compensator… | ||||
| 44:44:1.0.1.5.61.3.10.3 | 44 | Emergency Management and Assistance | I | E | 296 | PART 296—HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE | C | Subpart C—Compensation Available Under the Hermit's Peak/Calf Canyon Fire Assistance Act | § 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—HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE | D | Subpart D—Claims Evaluation | § 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. (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 Dire… | ||||
| 44:44:1.0.1.5.61.4.10.2 | 44 | Emergency Management and Assistance | I | E | 296 | PART 296—HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE | D | Subpart D—Claims Evaluation | § 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. (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—HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE | D | Subpart D—Claims Evaluation | § 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. (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 § 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—HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE | D | Subpart D—Claims Evaluation | § 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—HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE | D | Subpart D—Claims Evaluation | § 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 § 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 § 296.41. | ||||
| 44:44:1.0.1.5.61.4.10.6 | 44 | Emergency Management and Assistance | I | E | 296 | PART 296—HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE | D | Subpart D—Claims Evaluation | § 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 § 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 § 296.21(c)(3). Claimants may request to reopen claims where the claimant has incurred additional losses under § 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—HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE | D | Subpart D—Claims Evaluation | § 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—HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE | D | Subpart D—Claims Evaluation | § 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—HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE | D | Subpart D—Claims Evaluation | § 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—HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE | E | Subpart E—Dispute Resolution | § 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—HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE | E | Subpart E—Dispute Resolution | § 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 § 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. (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. (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. (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. (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. (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 … | ||||
| 44:44:1.0.1.5.61.5.10.3 | 44 | Emergency Management and Assistance | I | E | 296 | PART 296—HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE | E | Subpart E—Dispute Resolution | § 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. (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. (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. (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. (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 Directo… | ||||
| 44:44:1.0.1.5.61.5.10.4 | 44 | Emergency Management and Assistance | I | E | 296 | PART 296—HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE | E | Subpart E—Dispute Resolution | § 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—MARITIME SECURITY PROGRAM (MSP) | A | Subpart A—Introduction | § 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—MARITIME SECURITY PROGRAM (MSP) | A | Subpart A—Introduction | § 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: Act means the Merchant Marine Act, 1936, as amended (46 App. U.S.C. 1101 et seq. ). Administrator 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). Agreement Vessel means a vessel covered by an MSP Operating Agreement. Applicant means an applicant for an MSP Operating Agreement. The term, “applicant” excludes a trust. Bulk Cargo means cargo that is loaded and carried in bulk without mark or count. Chapter 121 means the vessel documentation provisions of chapter 121 of title 46, United States Code. Coastwise Trade means trade between points in the United States. Commander means Commander, USTRANSCOM, who is authorized by the Secretary of Defense to administer the MSA 2003, in consultation with the Administrator. Contracting Officer means the Associate Administrator for National Security, MARAD. Contractor 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 § 53103 of the MSA 2003. The term, “Contractor” excludes a trust. Defense 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. Documentation Citizen means an entity able to document a vessel under 46 U.S.C. chapter 121. This definition includes a trust. DOD means the U.S. Department of Defense. Domestic Trade means trade between points in the United States. Eligible Vessel means a vessel that meets the requirements of § 53102(b) of the MSA 2003. Emergency Preparedness Agreement means an agreement, required by § 53107 of the MSA 2003, between a Contractor and the Secretary of Transportation (acting through MARA… | |||
| 46:46:8.0.1.3.19.1.3.3 | 46 | Shipping | II | C | 296 | PART 296—MARITIME SECURITY PROGRAM (MSP) | A | Subpart A—Introduction | § 296.3 Applications. | FMC | (a) Action by MARAD — 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. (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: (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; (2) Certificate of Incorporation; (3) Copies of by-laws or other governing instruments; (4) Maritime related affiliations; (5) Financial data: (i) Provide an audited financial statement or a completed MARAD Form MA-172 dated within 120 days after the close… | ||||
| 46:46:8.0.1.3.19.1.3.4 | 46 | Shipping | II | C | 296 | PART 296—MARITIME SECURITY PROGRAM (MSP) | A | Subpart A—Introduction | § 296.4 Waivers. | FMC | In General—In 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—MARITIME SECURITY PROGRAM (MSP) | B | Subpart B—Eligibility | § 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): (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. (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— (1) That is eligible to document the vessel under 46 U.S.C. chapter 121; (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: (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 (ii) MARAD must approve or disapprove changes within 30 days of receiving the proposed changes; (3) That certifies to the Secretary in a format substantially similar to the format at § 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 (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 § 296.3(b)(14) not to influence the vessel's operation in a way that is detrimental to the United States. (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 … | ||||
| 46:46:8.0.1.3.19.2.3.2 | 46 | Shipping | II | C | 296 | PART 296—MARITIME SECURITY PROGRAM (MSP) | B | Subpart B—Eligibility | § 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: (1) The vessel is: (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 (ii) Determined by the Secretary to be commercially viable; (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; (3) The vessel is self-propelled and— (i) Is a tank vessel that is 10 years of age or less on the date the vessel is included in the Fleet; or (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; (4) The vessel is: (i) A United States documented vessel under 46 U.S.C. chapter 121; or (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 (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: ( 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; ( 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 ( 3 ) The flag country has not been identified by such Secretary as inadequately enforcing international vessel regulations. (B) [Reserved] (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: (1) Is in the national interest; (2) Is appropriate to allo… | |||
| 46:46:8.0.1.3.19.2.3.3 | 46 | Shipping | II | C | 296 | PART 296—MARITIME SECURITY PROGRAM (MSP) | B | Subpart B—Eligibility | § 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—MARITIME SECURITY PROGRAM (MSP) | C | Subpart C—Priority for Granting Applications | § 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. (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: (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; (ii) A tank vessel under this section is eligible to be included in the MSP under § 296.11(a); and (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; (2) No payment can be made for an existing tank vessel granted priority one status after the earlier of: (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 “tank vessel” after four years following the date such amounts are available; or (ii) The date of delivery of the replacement tank vessel constructed in the United States after October 1, 2004. (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 vesse… | ||||
| 46:46:8.0.1.3.19.3.3.2 | 46 | Shipping | II | C | 296 | PART 296—MARITIME SECURITY PROGRAM (MSP) | C | Subpart C—Priority for Granting Applications | §§ 296.21-296.23 [Reserved] | FMC | |||||
| 46:46:8.0.1.3.19.3.3.3 | 46 | Shipping | II | C | 296 | PART 296—MARITIME SECURITY PROGRAM (MSP) | C | Subpart C—Priority for Granting Applications | § 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: (1) The proposed vessel shall meet the requirements for vessel eligibility in 46 U.S.C. 53102(b); (2) The applicant shall meet the vessel ownership and operating requirements for priority in 46 U.S.C. 53102(c); and (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. (b) MARAD shall allow an applicant at least 30 days to submit an application for a new MSP Operating Agreement. (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—MARITIME SECURITY PROGRAM (MSP) | D | Subpart D—Maritime Security Program Operating Agreements | § 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. (b) Effective date —(1) General rule. Unless otherwise provided, the effective date of an MSP Operating Agreement is October 1, 2005. (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: (i) The expiration or termination date of the Government charter covering the vessel; or (ii) Any earlier date on which the vessel is withdrawn from that charter, but not before October 1, 2005. (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. (d) Termination by the Secretary. If the Contractor materially fails to comply with the terms of the MSP Operating Agreement: (1) The Secretary shall notify the Contractor and provide a reasonable opportunity for the Contractor to comply with the MSP Operating Agreement; (2) The Secretary shall terminate the MSP Operating Agreement if the Contractor fails to achieve such compliance; and (3) Upon such termination, any funds obligated by the… | |||
| 46:46:8.0.1.3.19.4.3.2 | 46 | Shipping | II | C | 296 | PART 296—MARITIME SECURITY PROGRAM (MSP) | D | Subpart D—Maritime Security Program Operating Agreements | § 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. (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. (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. (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: (1) Documentation: Be documented as a U.S.-flag vessel under 46 U.S.C. chapter 121; (2) Operation: Be operated exclusively in the foreign commerce or in mixed foreign com… | |||
| 46:46:8.0.1.3.19.4.3.3 | 46 | Shipping | II | C | 296 | PART 296—MARITIME SECURITY PROGRAM (MSP) | D | Subpart D—Maritime Security Program Operating Agreements | § 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: (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 (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—MARITIME SECURITY PROGRAM (MSP) | E | Subpart E—Billing and Payment Procedures | § 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 § 296.31(d) and applicable MSP Operating Agreements with MARAD, and consideration shall be given to reductions in amounts payable as set forth in § 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—MARITIME SECURITY PROGRAM (MSP) | E | Subpart E—Billing and Payment Procedures | § 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. (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: (i) Is not operated exclusively in the foreign commerce, except for tank vessels, which may be operated in foreign-to-foreign commerce; (ii) Is operated in the coastwise trade; or (iii) Is not documented under 46 U.S.C. chapter 121. (2) To the extent that a Contractor operates MSP vessels less than 320 days under the provisions of § 296.31(d), payments will be reduced for each day less than 320 days. (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: (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; (ii) During a period in which the Contractor participates in noncontiguous domestic trade, unless that Contractor is a Section 2 Citizen; (iii) While under charter to the United States Government other than a charter pursu… | |||
| 46:46:8.0.1.3.19.6.3.1 | 46 | Shipping | II | C | 296 | PART 296—MARITIME SECURITY PROGRAM (MSP) | F | Subpart F—Appeals Procedures | § 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. (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—whether joint or separate in nature—shall 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. (c) Process. The Administrator, or the Commander in the case of a DOD determination, may require the person making the… | ||||
| 50:50:11.0.1.8.9.0.1.1 | 50 | Wildlife and Fisheries | II | K | 296 | PART 296—FISHERMEN'S CONTINGENCY FUND | § 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—FISHERMEN'S CONTINGENCY FUND | § 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. (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—FISHERMEN'S CONTINGENCY FUND | § 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. (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—FISHERMEN'S CONTINGENCY FUND | § 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. (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. (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—FISHERMEN'S CONTINGENCY FUND | § 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. (b) [Reserved] | |||||
| 50:50:11.0.1.8.9.0.1.14 | 50 | Wildlife and Fisheries | II | K | 296 | PART 296—FISHERMEN'S CONTINGENCY FUND | § 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: (1) Assigns to the Fund the claimant's rights against third parties; and (2) Provides that the claimant will assist the Fund in any reasonable way to pursue those rights. (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. (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—FISHERMEN'S CONTINGENCY FUND | § 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—FISHERMEN'S CONTINGENCY FUND | § 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: (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 (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). Chief, FSD means Chief, Financial Services Division, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910; telephone: (301) 713-2396. Citizen 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. Commercial fisherman means any citizen of the United States who owns, operates, or is employed on a commercial fishing vessel. Commercial 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. Easement means a right of use or easement granted under 30 CFR 250.18. Fish means all forms of marine animal and plant life other than marine mammals, birds, and highly migratory species. Fishing gear means any commercial fishing vessel, and any equipment of such vessel. Fund means the Fishermen's Contingency Fund established by title IV of the Outer Continental Shelf Lands Act Amendments of 1978. Holder 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. Lease means any authority un… | |||||
| 50:50:11.0.1.8.9.0.1.3 | 50 | Wildlife and Fisheries | II | K | 296 | PART 296—FISHERMEN'S CONTINGENCY FUND | § 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. (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). (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. (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. (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. (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. (d) Investments of the fund. Excess sums in the Fund will be inves… | ||||||
| 50:50:11.0.1.8.9.0.1.4 | 50 | Wildlife and Fisheries | II | K | 296 | PART 296—FISHERMEN'S CONTINGENCY FUND | § 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. (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. (c) Exceptions. Damage or loss is not eligible for Fund compensation: (1) If the damage or loss was caused by the negligence or fault of the claimant; (2) If the damage or loss occurred prior to September 18, 1978; (3) To the extent that damage or loss exceeds the replacement value of the fishing gear involved; (4) For any portion of the damage or loss which can be compensated by insurance; (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 (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—FISHERMEN'S CONTINGENCY FUND | § 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 —(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. (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. (3) Contents of fifteen-day report. Each fifteen-day report must include the following information: (i) The claimant's name and address; (ii) The name of the commercial fishing vessel involved; (iii) The location of the obstruction which caused the damage or loss; (iv) A description of the nature of the damage or loss; (v) The date such damage or loss was discovered; (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. (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. (c) Who must file and when and where to file claims. All claimants (including those who filed 15-day reports to… | |||||
| 50:50:11.0.1.8.9.0.1.6 | 50 | Wildlife and Fisheries | II | K | 296 | PART 296—FISHERMEN'S CONTINGENCY FUND | § 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: (1) Send an abstract of the claim to the Secretary of the Interior; (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. (b) Actions by the Interior Department. Upon receipt of an abstract of a claim, the Interior Department will immediately: (1) Plot the casualty site, and advise NMFS whether the site is in an area affected by OCS activities; (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. (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. (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. (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. (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. (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. (e) Proceedings —(1) … | |||||
| 50:50:11.0.1.8.9.0.1.7 | 50 | Wildlife and Fisheries | II | K | 296 | PART 296—FISHERMEN'S CONTINGENCY FUND | § 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: (1) The identity or nature of the item which caused the damage or loss; and (2) That the item is associated with oil and gas exploration, development, or production activities on the Outer Continental Shelf. (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: (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; (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; (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 (4) There was no proper surface marker or lighted buoy attached, or closely anchored, to such obstruction. (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—FISHERMEN'S CONTINGENCY FUND | § 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. (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. (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. (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. (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). (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. (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—FISHERMEN'S CONTINGENCY FUND | § 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: (a) If the claim is disapproved, the reason for disapproval, or (b) If the claim is approved, the amount of compensation and the basis on which the amount was determined. |
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