46 C.F.R. Subpart D—Subsidy Payment and Billing Procedures
Title 46 - Shipping
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. (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 198__ ODS Payable for the Month of___________ Schedule B (Company) ODS Accrued for the Month of___________ Trade Area ______________________ Schedule C (Company) Domestic Trade and Voyage Deviation ODS Reductions Domestic Trade Reduction (DTR): Deviation Reduction: Schedule D (Company) Reduced Crew Period (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 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 liner vessels, PART 282, 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 thereof, 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 ____, (3) The subsidized operator shall furnish its own supply of supporting schedules and affidavit. (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 administrative determination of the Contracting Officer. In the appeal to the Secretary, the operator shall indicate whether or not a hearing is desired. (ii) MARAD will notify the appellant in writing if a hearing is to be held and whether the operator is required to submit additional facts for consideration in connection with the appeal. (iii) When a decision has been rendered, the Board shall notify the appellant in writing. (2) Appeal to the Secretary of Transportation. An operator who disagrees with the Board may appeal such findings and determinations by filing with the Secretary of Transportation, a written petition for review of the Board's action. The petition shall be filed in accordance with provisions of the Department of Transportation pertaining to Secretarial review. (3) Hearings. MARAD shall follow the Rules of Practice and Procedure (46 CFR part 201, subpart M) for hearings granted under 46 U.S.C. 1176 and 46 CFR 282.32.
Title 46: Shipping
PART 282—OPERATING-DIFFERENTIAL SUBSIDY FOR LINER VESSELS ENGAGED IN ESSENTIAL SERVICES IN THE FOREIGN COMMERCE OF THE UNITED STATES
Subpart D—Subsidy Payment and Billing Procedures
§ 282.30 Payment of subsidy.
§ 282.31 Subsidy billing procedures.
------------------------------------------------------------------------ Current Previous voucher voucher Total------------------------------------------------------------------------Total Accrued ODS (Sched. B). $ $ $ --------------- Less ODS Reductions: DTR/Deviations (Sched. C) $ --------------- Reduced Crew (Sched. D).. $ ---------------Net ODS Accrued.............. $ $ $ =============================-------------Less Previous Payments....... $ -------------ODS Payable.................. $ =============------------------------------------------------------------------------
---------------------------------------------------------------------------------------------------------------- Voyage dates Vessel name Voy. ---------------------------- Voy. Per diem rates Net subsidy No. From To days \1\ \1\---------------------------------------------------------------------------------------------------------------- ....... ............ ............ ........ $ $ ODS payable for unpredictably ....... ............ ............ ........ ............... $ timed expenses not included in daily amount (attach supporting information). ----------- Total accrued subsidy ....... ............ ............ ........ ............... $ (enter on Schedule A). ===========----------------------------------------------------------------------------------------------------------------\1\ Place* next to applicable ``Voy. days'' or ``Per diem rate'' of vessel and voyage requiring reduction of ODS because of domestic trade operations or voyage deviations.
---------------------------------------------------------------------------------------------------------------- % of Voy. Gross Domestic dom. to Per Per diem DTR ODS Vessel name no. voyage revenue gross diem reduction days reduction revenue revenue rate---------------------------------------------------------------------------------------------------------------- ....... $....... $........ ........ $...... $......... ....... $ %----------------------------------------------------------------------------------------------------------------
---------------------------------------------------------------------------------------------------------------- Deviation days or Vessel name Voy. no. % of day Per diem rate ODS reduction---------------------------------------------------------------------------------------------------------------- ................... .................. $................. $----------------------------------------------------------------------------------------------------------------(Enter total Reductions on Schedule A).
---------------------------------------------------------------------------------------------------------------- Reduced crew dates No. of -------------------------- reduced No. of Man-day Reduced Vessel crew days crew Man-days amount crew From To (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, include (b).
City of____________________
County/Parish of____________________
Notary Public____________________
§ 282.32 Appeal procedures.
