Title 46: Shipping
PART 252—OPERATING-DIFFERENTIAL SUBSIDY FOR BULK CARGO VESSELS ENGAGED IN WORLDWIDE SERVICES
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Subpart E—Subsidy Payment and Billing Procedures
Source: 51 FR 40432, Nov. 7, 1986, unless otherwise noted.
§ 252.40 Payment of subsidy.
(a) Submission of voucher. At the close of each calendar month, the subsidized operator may submit a voucher, and include for payment in such voucher the amount of ODS accrued for the voyages terminated during the period.
(b) Maintenance and repair subsidy. In the case of payments for maintenance and repair subsidy only, the subsidized operator shall submit an initial voucher and include for payment in such voucher a percentage of the ODS payable for the period covered by the voucher, which percentage shall be negotiated between MARAD and the subsidized operator, but in no instance shall exceed 90 percent. Upon the completion of MARAD's determinations that the expenses are fair and reasonable, MARAD's computation of the ratio of subsidized vs. nonsubsidized days during the calendar year in which the last voyage terminated, and the Office of the Inspector General's audit of subsidizable expenses, the subsidized operator shall submit a final voucher for an adjustment of the amount of subsidy paid.
[51 FR 40432, Nov. 7, 1986, as amended at 58 FR 17349, Apr. 2, 1993]
§ 252.41 Subsidy billing procedures.
(a) Subsidy voucher—(1) Form. Requests for payment of ODS shall be submitted on a public voucher, Standard Forms 1034 and 1034A, which can be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC. 20402.
(2) Copies. The operator shall submit the original and 3 copies of the voucher to the MARAD Region Director for payment. The original and 2 copies must be supported by schedules and an affidavit. The third copy is the payee's copy and need not be supported.
(b) Schedules and affidavit. (1) The following schedules shall be used for calculating the amount of ODS payable:
Schedule A
(Company)____________________
ODSA No.____________________
ODS Accrued During Fiscal Year 19__
ODS Payable for the Month of ___________
------------------------------------------------------------------------ Current Previous voucher voucher Total------------------------------------------------------------------------Total accrued ODS (sched. B)........... $___Les ODS reductions: reduced crew ___ (sched. C)............................Net ODS accrued........................ ___ $___ $___ --------------------------------Less previous payments................. ......... ......... ___ODS payable............................ ......... ......... ___------------------------------------------------------------------------
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Schedule B (Company)____________________
ODS Accrued for the Month of ___
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---------------------------------------------------------------------------------------------------------------- Voyage dates Vessel name Voy. ---------------- Voy. Per diem Accrued No. From To days rates subsidy---------------------------------------------------------------------------------------------------------------- ..... ...... ...... ...... $___ $___ODS payable for unpredictably timed expenses not included in ..... ...... ...... ...... ........ $___ daily amount (attach supporting supporting information).....Total accured subsidy (enter on Schedule A).................. ..... ...... ...... ...... ........ $___----------------------------------------------------------------------------------------------------------------
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Schedule C
(Company)____________________
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Reduced Crew Periods---------------------------------------------------------------------------------------------------------------- Reduced crew No. of dates reduced No. of Man- Man-day Reduced Vessel ---------------- crew crew days amount crew From To days (a) reduced reduction---------------------------------------------------------------------------------------------------------------- ...... ...... ........ x ........ = ...... x $___ = $___ ...... ...... ........ x ........ = ...... x ___ = ___ ...... ...... ........ x ........ = ...... x ___ = ___ ...... ...... ........ x ........ = ...... x ___ = ___ ---------- Total reduced crew ...... ...... ........ .. ........ .. ...... .. ___ reduction (enter on Schedule A)...............----------------------------------------------------------------------------------------------------------------(a) If licensed crew, indicate (a).(b) If unlicensed crew, indicate (b).
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(2) A notorized affidavit as shown below shall be signed by an official of the subsidized operator who is familiar with the ODSA, these regulations, the operation of the subsidized vessel, and the accounts, books, records, and disbursements of the subsidized operator relating to such operation:
Affidavit State of____________________
City of____________________
County/Parish of____________________
I, ___, being duly sworn, depose and say that I am ___ (title) of the ___ (herein referred to as the “Operator”), and as such am familiar with (a) provisions of the Operating-Differential Subsidy Agreement, Contract No. ___, dated as of ___, as amended, to which the Operator is a party; and (b) the regulations governing the payment of operating-differential subsidy for bulk cargo vessels, PART 252, Title 46, CFR: and (c) the operation of the vessels covered by said Agreement and regulations; and (d) the accounts, books, records, and disbursements of the Operator relating to such operation.
Referring to the public voucher dated ___, covering voyage days allowed for subsidy during the periods commencing ___, and ending ___, and attached, submitted by said Operator concurrent herewith for a payment on account in the sum of ___, under said Agreement, I further depose and say that, to the best of my knowledge and belief, the Operator has fully complied with the terms and conditions of said Agreement and regulations, applicable orders, rulings and provisions of the Merchant Marine Act, 1936, as amended, and is entitled, under the provisions of said Agreement and regulations, orders and rulings applicable thereto, to the amount of the payment on account requested; and further depose and say that the vessels named in the attached schedules were in authorized service for the vessel operating days on which the payment is requested and has not included in the calculation of the amount of subsidy claimed in the attached voucher any costs of a character that the Maritime Administration, or Secretary of Transportation acting by and through the Maritime Subsidy Board or any predecessor or successor, had advised the Operator to be ineligible to be so included, or any costs collectible from insurance, or from any other source.
Payment by the Maritime Administration of all or part of the amount claimed herein shall not be construed as approval of the correctness of the amount stated to have been due, nor a waiver of any right of remedy the Maritime Administration, or Secretary of Transportation, acting by and through the Maritime Subsidy Board, or any predecessor or successor, may have under the terms of said Agreement, or otherwise.
I further depose and say that this affidavit is made for and on behalf and at the direction of the Operator for the purpose of inducing the Maritime Administration to make a payment pursuant to the provisions of the aforesaid Operating-Differential Subsidy Agreement, as amended. ____________________
Subscribed and sworn to before me, a Notary Public, in and for the aforesaid County and State, this ___ day of ___, My commission expires____________________
Notary Public____________________
(3) The subsidized operator shall furnish its own supply of supporting schedules and affidavit. § 252.42 Appeals procedures.
(a) Appeals of annual or special audits. An operator who disagrees with the findings, interpretations or decisions in connection with audit reports of the Office of the Inspector General and who cannot settle said differences by negotiation with the Contracting Officer may submit an appeal to the Maritime Administrator from such findings, interpretations or decisions in accordance with Part 205 of this chapter.
(b) Appeals of administrative determinations—(1) Policy. An operator who disagrees with the findings, interpretations or decisions of the Contracting Officer with respect to the administration of this part may submit an appeal from such findings, interpretations or decisions as follows:
(i) Appeals shall be made in writing to the Secretary, Maritime Subsidy Board, Maritime Administration, within 60 days following the date of the document notifying the operator of the administration determination of the Contracting Officer. In his appeal to the Secretary the operator shall indicate whether or not he desires a hearing.
(ii) The appellant will be notified in writing if a hearing is to be held and whether he is required to submit additional facts for consideration in connection with the appeal.
(iii) When a decision has been rendered by the Board, the appellant will be notified in writing.
(2) Appeal to the Secretary of Transportation. An operator who disagrees with the Board may appeal such findings and determinations by filing a written petition for review of the Board's action with the Secretary of Transportation. The petition shall be filed in accordance with provisions of the Department of Transportation pertaining to Secretarial review.
(3) Hearings, The Rules of Practice and Procedures, 46 CFR part 201, subpart M, shall be followed for all hearings granted under 46 U.S.C. 1176 and 46 CFR 252.42.
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