46 CFR 327 Clarification Act Claims Seamen's Claims; Administrative Action and Litigation

Maritime Administration, DOT

§ 327.1

supported by all the facts and circumstances and is in the best interest
of the United States.
§ 326.7

Litigation.

(a) If a court suit of a P&I nature is
filed which arises out of the activities
of the Agent under its Agreement,
wherein the Agent is named as the
party defendant or one of the parties’
defendant irrespective of whether the
risk is covered by P&I insurance, the
Agent shall immediately forward copies of the pleading and all other related
legal documents, by first class mail, to
the Chief Counsel, Maritime Administration, Department of Transportation,
Washington, DC 20590, and to the Attorney General, Attn: Civil Division,
Torts Branch, Department of Justice,
Washington, DC 20530. No agent or authorized subagent shall incur any legal
expenses in connection with any claim
of a P&I nature, unless approved in advance by MARAD, and by the underwriter, where applicable. However, the
Agent may incur legal expenses if the
mission of the vessel will be frustrated
or impeded and/or time will not permit
such prior approval.
(b) In the event of any attachment or
seizure of a vessel, whether or not the
risk is of a P&I nature, the Agent shall
immediately notify the Chief Counsel,
Maritime Administration, Washington,
DC 20590, Tel. (202) 366–05711, by telegram, radio, or cable.

PART 327—SEAMEN’S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION
Subpart A—Clarification Act Claims: Seamen’s Claims; Administrative Action
and Litigation
Sec.
327.1 Purpose.
327.2 Statutory provisions.
327.3 Required claims submission.
327.4 Claim requirements.
327.5 Filing claims.
327.6 Notice of allowance or disallowance.
327.7 Administrative disallowance presumption.

327.8

Court action.

Subpart
B—Admiralty
Extension
Act
Claims; Administrative Action and Litigation
327.20 Admiralty Jurisdiction Extension
Claims: Required claims.
327.21 Definitions.
327.22 Who may present claims.
327.23 Insurance and other subrogated
claims.
327.24 Actions by claimant.
327.25 Contents of a claim.
327.26 Evidence supporting a claim.
327.27 Proof of amount claimed for personal
injury.
327. 28 Proof of amount claimed for loss of,
or damage to, property.
327.29 Effect of other payments to claimant.
327.30 Statute of limitations for AEA and
claim requirements.
327.31 Statute of limitations not tolled by
administrative consideration of claims.
327.32 Notice of claim acceptance or denial.
327.33 Claim denial presumption.
327.34 Court action.

Subpart C—Other Admiralty Claims
327.40 Other Admiralty claims.
327.41 Definitions.
327.42 Who may present claims.
327.43 Insurance and other subrogated
claims.
327.44 Actions by claimant.
327.45 Contents of a claim.
327.46 Evidence supporting a claim.
327.47 Proof of amount claimed for personal
injury.
327. 48 Proof of amount claimed for loss of,
or damage to, property.
327.49 Effect of other payments to claimant.
327.50 Statute of limitations for other admiralty claims and claim requirements.
327.51 Statute of limitations not tolled by
administrative consideration of claims.
327.52 Notice of claim acceptance or denial.
AUTHORITY: 46 U.S.C. Chapters 301–309.
SOURCE: 77 FR 65633, Oct. 30, 2012, unless
otherwise noted.

Subpart
A—Clarification
Act
Claims: Seamen’s Claims; Administrative Action and Litigation.
§ 327.1 Purpose.
This part prescribes rules and regulations pertaining to the filing of claims
designated in § 327.3 and the administrative allowance, or disallowance (actual and presumed), of such claims, in
whole or in part, filed by officers and

229

§ 327.2

46 CFR Ch. II (10–1–24 Edition)

members of crews (hereafter referred to
as ‘‘seamen’’) employed on vessels as
employees of the United States
through the National Shipping Authority (NSA), Maritime Administration
(MarAd), or successor.
§ 327.2

Statutory provisions.

These regulations are enacted to implement the administrative claims procedures set forth in 50 U.S.C. App.
1291(a).
§ 327.3

Required claims submission.

All claims specified in 50 U.S.C. App.
1291(a) shall be submitted for administrative consideration, as provided in
§§ 327.4 and 327.5, prior to institution of
court action thereon.
§ 327.4

Claim requirements.

(a) Form. The claim may be in any
form and shall be
(1) In writing,
(2) Designated as a claim,
(3) Disclose that the object sought is
the administrative allowance of the
claim,
(4) Comply with the requirements of
this part, and
(5) Filed as provided in § 327.5.
(6) The claim must be signed or attested to by the claimant. The statements made in the claim should be
made to the best of the knowledge of
the claimant and are subject to the
provision of 18 U.S.C. 287 and 1001 and
all other penalty provisions for making
false, fictitious, or fraudulent claims,
statements or entries, or falsifying,
concealing, or covering up a material
fact in any matter within the jurisdiction of any department or agency of
the United States. Any lawsuits filed
contrary to the provisions of section 5
of the Suits in Admiralty Act, as
amended by Public Law 877, 81st Congress (64 Stat. 1112; 46 U.S.C. 30901 et
seq.), shall not be in compliance with
the requirements of this part.
(b) Contents. Each claim shall include
the following information:
(1) With respect to the seaman:
(i) Name;
(ii) Mailing address;
(iii) Date of birth;
(iv) Legal residence address;
(v) Place of birth; and

(vi) Merchant mariner license or document number and social security
number.
(2) With respect to the basis for the
claim:
(i) Name of vessel on which the seaman was serving when the incident occurred that is the basis for the claim;
(ii) Place where the incident occurred;
(iii) Time of incident—year, month
and day, and the precise time of day, to
the minute, where possible;
(iv) Narrative of the facts and circumstances surrounding the incident,
including a statement explaining why
the United States is liable for this
claim;
(v) Pictures, video recordings and
other physical evidence related to the
case and
(vi) The names, addresses, and telephone numbers, if available, of others
who can supply factual information
about the incident and its consequences.
(3) A sum certain dollar amount of
claim, which includes a total for all
amounts sought. The claim shall explain the amounts sought for:
(i) Past loss of earnings or earning
capacity;
(ii) Future loss of earnings or earning
capacity;
(iii) Medical expenses paid out of
pocket;
(iv) Pain and suffering; and
(v) Any other loss arising out of the
incident (describe).
(4) All medical and clinical records of
physicians and hospitals related to a
seaman’s claim for injury, illness, or
death shall be attached. If the claimant
does not have a copy of each record,
the claimant shall identify every physician and hospital having records relating to the seaman and shall provide
written authorization for MarAd to obtain all such records. The claim shall
also include the number of days the
seaman worked as a merchant mariner
and the earnings received for the current calendar year, as well as for the
two preceding calendar years.
(5) If the claim does not involve a
seaman’s death, the following information shall be submitted with the claim:

230