46 CFR Part 287

§ 272.43

46 CFR Ch. II (10–1–23 Edition)

any items disallowed and the reasons
for such disallowance.

after the date of the notification sent
to the operator by the appropriate Director pursuant to paragraph (d) of this
section or § 272.33.

aworley on LAPBH6H6L3 with DISTILLER

[57 FR 34690, Aug. 6, 1992]

§ 272.43 Review and appeal procedures.
(a) Exclusive procedures. Notwithstanding the audit appeal procedures of
part 205 of this chapter, the provisions
of this section shall be the exclusive
remedy available to an Operator for
the review and appeal of any disallowance of subsidy for a M&R expense
claimed or any penalty assessed pursuant to § 272.31.
(b) Request for review. An Operator
may request review by:
(1) The Director, Office of Ship Operations, with respect to any disallowance by the Region office of a claimed
M&R expense, after receiving the notification required by § 272.41(c); or
(2) The Director, Office of Financial
Approvals, with respect to any disallowance of a claimed M&R expense,
after receiving the notification required by § 272.42(b).
(c) Timeliness of request. The Operator
shall file all requests for review pursuant to paragraph (b) of this section
within 60 days after the date of the
audit notification. Any disallowance
with respect to which the Operator
fails to file a timely request for review
shall be final and shall not be subject
to appeal to the Board pursuant to
paragraph (e) of this section.
(d) Notification of review determination.
The appropriate MARAD Office Director shall notify the Operator by letter,
with respect to each timely filed review request, of the Director’s determination and the reasons for each disallowance and whether the determination is final or subject to the submission of additional information.
(e) Appeal to the Maritime Subsidy
Board—(1) Right to appeal. An Operator
may appeal a MARAD Office Director’s
final determination issued pursuant to
§ 272.32 (penalties) or § 272.43 (review of
claims disallowance or of audit results)
of this section to the Board in writing.
(2) Contents and timeliness. The Operator shall set forth in any appeal the
reasons for the Operator’s objection to
a penalty or disallowance of M&R subsidy and shall file such appeal with the
Secretary of the Board within 60 days

§ 272.44 Dates.
The dates noted on the letters or notifications sent to the Operator by officials of the Region Office, any Director
or any other official or MARAD, pursuant to the provisions of this part, shall
be conclusive for the purposes of determining the timeliness of any requests
for review made under the provisions of
this part.

PART 276 [RESERVED]
PART 277—DOMESTIC AND
FOREIGN TRADE; INTERPRETATIONS
§ 277.1 Guam, Midway and Wake.
Steamship service between ports of
the United States mainland and ports
in the islands of Guam, Midway and
Wake is not ‘‘domestic intercoastal or
coastwise service’’ within the meaning
of section 805(a) of the Merchant Marine Act, 1936. This interpretation is
limited to Guam, Midway and Wake
and does not signify that a similar interpretation is or would be applicable
to Hawaii, Puerto Rico or Alaska.
(Sec. 204, 49 Stat. 1987, as amended; 46 U.S.C.
1114. Interprets or applies sec. 805, 49 Stat.
2012, as amended; 46 U.S.C. 1223)
[G.O. 73, 15 FR 9065, Dec. 19, 1950]

PARTS 280–283 [RESERVED]
PART 287—ESTABLISHMENT OF
CONSTRUCTION RESERVE FUNDS
Sec.
287.1 Definitions.
287.2 Scope of section 511 of the Act and the
regulations in this part.
287.3 Requirements as to vessel operations.
287.4 Application to establish fund.
287.5 Tentative authorization to establish
fund.
287.6 Establishment of fund.
287.7 Circumstances permitting reimbursement from a construction reserve fund.
287.8 Investment of funds in securities.
287.9 Valuation of securities in fund.
287.10 Withdrawals from fund.
287.11 Time deposits.
287.12 Election as to nonrecognition of gain.

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