Rule2026-11313
Seamen's Claims; Administrative Action and Litigation
Primary source
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Published
June 5, 2026
Effective
June 5, 2026
Issuing agencies
Transportation DepartmentMaritime Administration
Abstract
MARAD is revising its regulations regarding the filing of claims and the administrative allowance or disallowance of claims filed by officers or members of crew employed on vessels owned, operated, or chartered by MARAD. The rule will correct numerous citations in accordance with the codification of title 46 of the United States Code, improve accessibility by modernizing text and updating agency contact information, and remove obsolete references.
Full Text
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[Federal Register Volume 91, Number 108 (Friday, June 5, 2026)]
[Rules and Regulations]
[Pages 34162-34170]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-11313]
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DEPARTMENT OF TRANSPORTATION
Maritime Administration
46 CFR Part 327
[Docket Number MARAD-2025-0089]
RIN 2133-AC02
Seamen's Claims; Administrative Action and Litigation
AGENCY: Maritime Administration (MARAD), U.S. Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: MARAD is revising its regulations regarding the filing of
claims and the administrative allowance or disallowance of claims filed
by officers or members of crew employed on vessels owned, operated, or
chartered by MARAD. The rule will correct numerous citations in
accordance with the codification of title 46 of the United States Code,
improve accessibility by modernizing text and updating agency contact
information, and remove obsolete references.
DATES: This final rule is effective on June 5, 2026.
FOR FURTHER INFORMATION CONTACT: Mitch Hudson, Office of the Chief
Counsel, Division of Legislation and Regulation, (202) 366-9373 or via
email at <a href="/cdn-cgi/l/email-protection#84c9edf0e7ecaaccf1e0f7ebeac4e0ebf0aae3ebf2"><span class="__cf_email__" data-cfemail="a9e4c0ddcac187e1dccddac6c7e9cdc6dd87cec6df">[email protected]</span></a>. Persons who use a telecommunications
device for the deaf (TDD) may call the Federal Information Relay
Service (FIRS) at 1-800-877-8339 to contact the above individual during
business hours. The FIRS is available twenty-four hours a day, seven
days a week, to leave a message or question. You will receive a reply
during normal business hours. You may send mail to U.S. Department of
Transportation, Maritime Administration, Office of the Chief Counsel,
Division of Legislation and Regulations, W24-220, 1200 New Jersey
Avenue SE, Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
Electronic Access and Filing
This final rule and all comments may be viewed online through the
Federal eRulemaking portal at <a href="http://www.regulations.gov">www.regulations.gov</a>. An electronic copy
of this document may also be downloaded by accessing the Office of the
Federal Register home page at: <a href="http://www.federalregister.gov">www.federalregister.gov</a>.
Privacy Act: Anyone can search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). For information on
DOT's compliance with the Privacy Act, please visit <a href="https://www.transportation.gov/privacy">https://www.transportation.gov/privacy</a>.
Background
Improvement of regulations is a continuous focus for DOT and MARAD.
For that reason, DOT/MARAD regularly and deliberately review their
rules in accordance with DOT Order 2100.6B, Policies and Procedures for
Rulemakings, Executive Order (E.O.) 12866, Regulatory Planning and
Review (Oct. 4, 1993), and section 610 of the Regulatory Flexibility
Act. That process is summarized in Appendix D of DOT's semi-annual
regulatory agenda. In addition, E.O. 14192, Unleashing Prosperity
Through Deregulation (Feb. 6, 2025), and E.O. 14219, Ensuring Lawful
Governance and Implementing the President's ``Department of Government
Efficiency'' Deregulatory Initiative (Feb. 19, 2025), directed agencies
to further scrutinize their regulations to reduce unnecessary costs,
clear barriers to emerging technology, and alleviate unnecessary
regulatory burdens.
Accordingly, MARAD identified its Seamen's Claims regulations
governing claims and administrative procedures for consideration. MARAD
proposed amendments on Jul. 1, 2025 (90 FR 28504). MARAD considered the
public comments received on the rule in issuing this final rule, which
will ensure that the program remains current, modern, and the least
burdensome to the public.
Section by Section Analysis
Section 327.1 Purpose
MARAD makes minor, non-substantive edits to this section for
clarity.
Section 327.2 Statutory Provisions
MARAD revises the statutory provisions for accuracy.
Section 327.3 Required Claims Submission
MARAD updates citations for accuracy.
Section 327.4 Claim Requirements
MARAD makes minor, non-substantive edits to this section for
clarity and to improve accessibility.
Section 327.5 Filing Claims
MARAD makes minor, non-substantive edits to this section for
clarity and to improve accessibility.
Section 327.6 Notice of Allowance or Disallowance
MARAD makes minor, non-substantive edits to this section for
clarity.
Section 327.7 Administrative Disallowance Presumption
MARAD updates citations for accuracy.
Section 327.8 Court Action
MARAD revises minor, non-substantive edits to this section for
clarity.
Section 327.20 Admiralty Jurisdiction Extension Claims: Required Claims
MARAD makes minor, non-substantive edits to this section for
clarity.
Section 327.21 Definitions
MARAD makes minor, non-substantive edits to this section for
clarity.
[[Page 34163]]
Section 327.22 Who May Present Claims
MARAD proposes to make minor, non-substantive edits to this section
for clarity.
Section 327.23 Insurance and Other Subrogated Claims
MARAD proposes to make minor, non-substantive edits to this section
for clarity.
Section 327.24 Actions by Claimant
MARAD makes contact information updates.
Section 327.25 Contents of Claim
MARAD proposes to make minor, non-substantive edits to this section
for clarity.
Section 327.26 Evidence Supporting a Claim
No changes.
Section 327.27 Proof of Amount Claimed for Personal Injury
No changes.
Section 327.28 Proof of Amount Claimed for Loss of, or Damage to,
Property
No changes.
Section 327.29 Effect of Other Payments to Claimant
No changes.
Section 327.30 Statute of limitations for AEA and Claim Requirements
MARAD makes minor, non-substantive edits to this section for
clarity.
Section 327.31 Statute of Limitations Not Tolled by Administrative
Consideration of Claims
MARAD makes minor, non-substantive edits to this section for
clarity.
Section 327.32 Notice of Claim Acceptance or Denial
MARAD proposes minor, non-substantive edits to this section for
clarity.
Section 327.33 Claim Denial Presumption
MARAD makes minor, non-substantive edits to this section for
clarity.
Section 327.34 Court Action
MARAD makes minor, non-substantive edits to this section for
clarity.
Section 327.40 Other Admiralty Claims
MARAD updates citations for accuracy.
Section 327.41 Definitions
No changes.
Section 327.42 Who May Present Claims
No changes.
Section 327.43 Insurance and Other Subrogated Claims
No changes.
Section 327.44 Actions by Claimant
MARAD updates contact information.
Section 327.45 Contents of a Claim
No changes.
Section 327.46 Evidence Supporting a Claim
No changes.
Section 327.47 Proof of Amount Claimed for Personal Injury
No changes.
Section 327.48 Proof of Amount Claimed for Loss of, or Damage to,
Property
No changes.
Section 327.49 Effect of Other Payments to Claimant
MARAD makes minor, non-substantive edits to this section for
clarity.
Section 327.50 Statute of Limitations for Other Admiralty Claims and
Claim Requirements
MARAD makes minor, non-substantive edits to this section for
clarity.
Section 327.51 Statute of Limitations Not Tolled by Administrative
Consideration of Claims
MARAD makes minor, non-substantive edits to this section for
clarity.
Section 327.52 Notice of Claim Acceptance or Denial
MARAD makes minor, non-substantive edits to this section for
clarity.
Discussion of Comments Received
In response to the agency's NPRM seeking public comment on ways to
improve accessibility by modernizing text and the removal of obsolete
references, MARAD received a comment from the American Association of
Nurse Practitioners, which included the recommendation to recognize
nurse practitioners and other qualified licensed healthcare providers
because they are often the clinicians most responsible for a patient's
overall care and are often ideally suited to provide medical
information necessary for claim development and evaluation.
MARAD agrees with this recommendation and has replaced the term
``physician'' with ``licensed healthcare practitioner'' where it is
referenced in the final rule. The rule will help ensure that patients
are able to see the healthcare provider(s) of choice without undue
burden. It will also provide MARAD with information from the clinicians
who are most familiar with the patient's injuries and treatments.
Rulemaking Analysis and Notices
Executive Orders 12866
This rule is not a significant regulatory action under Executive
Order (E.O.) 12866 and therefore was not reviewed by the Office of
Management and Budget. It is also not considered a major rule for
purposes of Congressional review under Public Law 104-121. This rule is
limited to updating the citations, addresses, and modernizing text.
Executive Order 14192
E.O. 14192 requires that for ``each new [E.O. 14192 regulatory
action] issued, at least ten prior regulations be identified for
elimination.'' Implementation guidance for E.O. 14192, issued by OMB
(Memorandum M-25-20, March 26, 2025), defines an E.O. 14192
deregulatory action as ``an action that has been finalized and has
total costs less than zero.'' This rule will have total costs less than
zero and therefore is an E.O. 14192 deregulatory action.
Executive Order 13132
MARAD analyzed this rulemaking in accordance with the principles
and criteria contained in E.O. 13132 and has determined that it has no
substantial effect on the States, on the current Federal-State
relationship, or on the current distribution of power and
responsibilities among the various local officials. Nothing in this
document preempts any State law or regulation. Therefore, MARAD did not
consult with State and local officials on this rulemaking and did not
prepare a federalism summary impact statement.
Executive Order 13175
This rulemaking will not significantly or uniquely affect the
communities of Indian tribal governments when analyzed under the
principles and criteria contained in E.O. 13175.
[[Page 34164]]
Therefore, the funding and consultation requirements of this E.O. do
not apply.
Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.,
as amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996), whenever an agency is required to publish a notice
of proposed rulemaking or final rule, the agency must prepare and make
available for public comment a regulatory flexibility analysis that
describes the effect of the rule on small entities (i.e., small
businesses, small organizations and small governmental jurisdictions),
unless the head of the agency certifies the rule will not have a
significant economic impact on a substantial number of small entities.
Agencies must also provide a statement of the factual basis for this
certification.
For the following reasons, the MARAD Administrator certifies that
this rulemaking action would not have a significant economic impact on
a substantial number of small entities. The revisions to the
regulations are only clerical and should result in no substantive
change to the regulation.
Privacy Impact Assessment
Section 522(a)(5) of the Transportation, Treasury, Independent
Agencies, and General Government Appropriations Act, 2005 (Pub. L. 108-
447, div. H, 118 Stat. 2809 at 3268) requires DOT and certain other
Federal agencies to conduct a privacy impact assessment of each
proposed rule that will affect the privacy of individuals. This
rulemaking, which only corrects citations in accordance with the
codification of Title 46 of the United States Code, improve
accessibility by modernizing text and updating agency contact
information, and removes obsolete references, does not result in
personally identifiable information (PII) being collected or maintained
in a Government-run website or IT system. Therefore, MARAD did not
conduct a Privacy Impact Assessment.
Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 requires agencies to
evaluate whether an agency action would result in the expenditure by
State, local, and tribal governments, in the aggregate, or by the
private sector, of $212 million or more (as adjusted for inflation, in
2026) in any one year, and if so, to take steps to minimize these
unfunded mandates. This rulemaking will not impose unfunded mandates
under the Unfunded Mandates Reform Act of 1995. It will not result in
costs of $212 million or more (in $2026) to either State, local, or
Tribal governments, in the aggregate, or to the private sector, so the
analytical requirements of the UMRA do not apply. The rule is the least
burdensome alternative that achieves MARAD's stated objectives for the
rule.
National Environmental Policy Act
Pursuant to 49 CFR 1.81, the Secretary has delegated the
``functions'' under NEPA to the Administrators ``as they relate to the
matters within the primary responsibility of each Operating
Administration.'' MARAD has determined that this proposed rule is
categorically excluded pursuant to DOT Order 5610.1D, subpart C,
section (e)(3). A categorical exclusion (CE) is an action identified in
an agency's NEPA procedures that does not normally have a significant
impact on the environment and therefore does not require either an
environmental assessment (EA) or environmental impact statement (EIS).
See DOT Order 5610.1D, section 9. In analyzing the applicability of a
CE, the agency must also consider whether extraordinary circumstances
are present that would warrant the preparation of an EA or EIS. Id. at
section 9(b). MARAD may utilize its own CEs, in addition to CEs listed
in DOT Order 5610.1D Appendix A or another Operating Administration's
CEs, using the procedures described in DOT Order 5610.1D, section 9,
and subpart C, section (e). This rulemaking, Seamen's Claims;
Administrative Action and Litigation, is categorically excluded
pursuant to DOT Order 5610.1D, subpart C, section (e)(3): ``Internal
orders and procedures not required to be published in the Federal
Register, promulgation of rules, regulations, directives, and
amendments thereto which do not require a regulatory impact analysis
under section 3 or do not have a potential to cause a significant
impact on the environment . . .'' MARAD does not anticipate any
environmental impacts, and there are no extraordinary circumstances
present in connection with this rulemaking.
Regulation Identifier Number
A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN number contained in the heading
of this document can be used to cross-reference this action with the
Unified Agenda.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) (PRA)
requires that DOT consider the impact of paperwork and other
information collection burdens imposed on the public. This final rule
will not result in a change in the burden hours required for
information collection 2133-0522, Seamen's Claims, Administrative
Action and Litigation, because changes to the regulation are clerical
and non-substantive.
Notwithstanding any other provision of law, a person is not
required to respond to a collection of information by a Federal agency
unless the collection displays a valid OMB control number.
List of Subjects in 46 CFR Part 327
Administrative practice and procedure, Claims, National defense,
Seamen.
For the reasons described in the preamble, MARAD revises 46 CFR
part 327 as set forth below:
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
Sec.
327.20 Admiralty Jurisdiction Extension Claims: Required claims.
327.21 Definitions.
327.22 Presentation of 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.
[[Page 34165]]
Subpart C--Other Admiralty Claims
Sec.
327.40 Other Admiralty claims.
327.41 Definitions.
327.42 Presentation of 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, 49 CFR 1.93(b).
Subpart A--Clarification Act Claims: Seamen's Claims;
Administrative Action and Litigation
Sec. 327.1 Purpose.
This part prescribes rules and regulations pertaining to the filing
of claims designated in Sec. 327.3 and the administrative allowance,
or disallowance (actual and presumed), of such claims, in whole or in
part, filed by officers and members of crews (hereafter referred to as
``seamen'') employed on vessels owned, operated, or chartered by the
Maritime Administration (MARAD), or successor.
Sec. 327.2 Statutory provisions.
This part is enacted to implement the administrative claims
procedures set forth in 50 U.S.C.A. 4701 (a).
Sec. 327.3 Required claims submission.
All claims specified in 50 U.S.C.A. 4701 (a) must be submitted for
administrative consideration, as provided in Sec. Sec. 327.4 and
327.5, prior to institution of court action thereon.
Sec. 327.4 Claim requirements.
(a) Form. The claim must be in writing, in any form, and must
provide the following:
(1) Designated as a claim;
(2) Disclose that the object sought is the administrative allowance
of the claim;
(3) Comply with the requirements of this part; and
(4) Filed as provided in Sec. 327.5.
(5) 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.
(b) Contents. Each claim must include the following information:
(1) With respect to the seaman:
(i) Name;
(ii) Mailing address;
(iii) Email address;
(iv) Date of birth;
(v) Legal residence address;
(vi) Place of birth; and
(vii) Merchant mariner license or document number and last four
digits of the seamen's 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 must 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 the licensed healthcare
practitioner and hospitals related to a seaman's claim for injury,
illness, or death must be attached. If the claimant does not have a
copy of each record, the claimant must identify every licensed
healthcare practitioner and hospital having records relating to the
seaman and provide written authorization for MARAD to obtain all such
records. The claim must 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 must be submitted with the claim:
(i) Date the seaman signed a reemployment register as a merchant
mariner;
(ii) Copy of the medical fit-for-duty certificate issued to the
seaman;
(iii) Date and details of next employment as a seaman; and
(iv) Date and details of next employment as other than a seaman.
(6) If the claim is for other than personal injury, illness or
death, the claim must provide all supporting information concerning the
nature and dollar amount of the loss.
Sec. 327.5 Filing claims.
(a) Claims may be filed by or on behalf of seamen or their
surviving dependents or beneficiaries, or by their legal
representatives.
(b) Claims may be filed either by personal delivery or by
registered mail to the Maritime Administration, Attn: Marine Insurance,
Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC
20590.
(c) A copy of each claim must be filed with the Ship Manager or
General Agent of the vessel with respect to which such claim arose.
Sec. 327.6 Notice of allowance or disallowance.
MARAD will give prompt notice in writing of the allowance or
disallowance of each claim, in whole or in part, by mail to the last
known address of, by personal delivery, or by email to, the claimant or
the claimant's legal representative. In the case of administrative
disallowance, in whole or in part, such notice will contain a brief
statement of the reason for such disallowance.
Sec. 327.7 Administrative disallowance presumption.
If MARAD fails to give written notice of allowance or disallowance
of a claim in accordance with Sec. 327.6 within sixty calendar days
following the date of the receipt of such claim by the proper person
designated in Sec. 327.5, such claim will be presumed to have been
``administratively disallowed,'' within the meaning in section 1(a) of
50 U.S.C.A. 4701 (a).
Sec. 327.8 Court action.
No seamen, their surviving dependents and beneficiaries, or their
legal representatives may institute a court action unless such claim
has been prepared and filed in accordance with Sec. Sec. 327.4 and
327.5 and was
[[Page 34166]]
administratively disallowed in accordance with Sec. 327.6 or Sec.
327.7.
Subpart B--Admiralty Extension Act Claims; Administrative Action
and Litigation
Sec. 327.20 Admiralty Jurisdiction Extension Claims: Required
claims.
(a) Pursuant to 46 U.S.C. 30101(c) of the Admiralty Extension Act
(AEA), administrative claims involving the extension of admiralty
jurisdiction to cases of damage or injury on land caused by a MARAD
vessel on navigable waters must be presented in writing to MARAD in
accordance with this section through Sec. 327.34 prior to institution
of a court action thereon.
(b) A civil action against the United States for injury or damage
done or consummated on land by a vessel on navigable waters may not be
brought until the earlier occurrence of either the denial of the claim
by MARAD or the presumptive denial of the claim which arises 6 months
after the claim has been presented in writing to MARAD. 46 U.S.C.
30101(c) (2). Note that the six-month period of review will not begin
until a valid claim is filed pursuant to Sec. 327.25.
(c) Proceedings against the United States pursuant to the
requirements of the AEA and this part is the exclusive remedy available
against the United States of America, acting by and through MARAD, with
respect to such injuries and damages.
Sec. 327.21 Definitions.
The following definitions apply to this subpart:
(a) Accrual date. The day on which the alleged wrongful act or
omission results in injury or damage for which a claim is made.
(b) Claim. A written notification of an incident, signed by the
claimant, describing the incident, and explaining why the United States
is liable.
Sec. 327.22 Presentation of claims.
(a) A claim for property loss or damage may be presented by anyone
having an interest in the property, including an insurer or other
subrogee.
(b) A claim for personal injury may be presented by the person
injured.
(c) A claim based on death may be presented by the executor or
administrator of the decedent's estate, or any other person legally
entitled to assert such a claim under local law. The claimant's status
must be stated in the claim.
(d) A claim for medical, hospital, or burial expenses may be
presented by any person who by reason of family relationship has, in
fact, incurred the expenses.
(e) A joint claim must be presented in the names of and signed by
the joint claimants, and the settlement will be made payable to the
joint claimants.
(f) A claim may be presented by a duly authorized agent, legal
representative, or survivor, if it is presented in the name of the
claimant. If the claim is not signed by the claimant, the agent, legal
representative, or survivor must indicate their title or legal capacity
and provide evidence of their authority to present the claim.
(g) Where the same claimant has a claim for damage to or loss of
property and a claim for personal injury or a claim based on death
arising out of the same incident, they must be combined into one claim.
Sec. 327.23 Insurance and other subrogated claims.
(a) The claims of an insured (subrogor) and an insurer (subrogee)
for damages arising out of the same incident constitute a single claim.
(b) An insured (subrogor) and an insurer (subrogee) may file a
claim jointly or separately. If the insurer has fully reimbursed the
insured, payment will only be made to the insurer. If separate claims
are filed, the settlement will be made payable to each claimant to the
extent of that claimant's undisputed interest. If joint claims are
filed, the settlement will be sent to the insurer.
(c) Each claimant must include with a claim, a written disclosure
concerning insurance coverage including:
(1) The names and addresses of all insurers;
(2) The kind and amount of insurance;
(3) The policy number;
(4) Whether a claim has been or will be presented to an insurer,
and, if so, the amount of that claim; and whether the insurer has paid
the claim in whole or in part or has indicated payment will be made.
(d) Each subrogee must substantiate an interest or right to file a
claim by appropriate documentary evidence and support the claim as to
liability and measure of damages in the same manner as required of any
other claimant. Documentary evidence of payment to a subrogor does not
constitute evidence of liability of the United States or conclusive
evidence of the amount of damages. MARAD will make an independent
determination on the issues of fact and law based upon the evidence of
record.
Sec. 327.24 Actions by claimant.
(a) Form of claim. The claim must meet the requirements of this
section.
(b) Presentation. The claim must be presented in writing to the
Maritime Administration, Attn: Marine Insurance, 1200 New Jersey Avenue
SE, Washington, DC 20590-0001.
Sec. 327.25 Contents of a claim.
(a) A valid claim will contain the following:
(1) Identification of MARAD as the agency whose act or omission
gave rise to the claim;
(2) The full name, mailing address, and email address of the
claimant. If the mailing address is not claimant's residence, the
claimant must also include a residence address;
(3) The date, time, and place of the incident giving rise to the
claim;
(4) The amount claimed, in a sum certain, supported by independent
evidence of property damage or loss, personal injury, or death, as
applicable together with supporting medical records and a HIPPA
compliant medical waiver for each treating licensed healthcare
practitioner or hospital;
(5) A detailed description of the incident giving rise to the claim
and the factual basis upon which it is claimed MARAD is liable for the
claim;
(6) A description of any property damage or loss, including the
identity of the owner, if other than the claimant, as applicable;
(7) The nature and extent of the injury, as applicable;
(8) The full name, title, if any, and address of any witness to the
incident and a brief statement of the witness' knowledge of the
incident;
(9) A description of any insurance carried by the claimant or owner
of the property and the status of any insurance claim arising from the
incident; and
(10) An agreement by the claimant to accept the total amount
claimed in full satisfaction and final settlement of the claim, lien or
subrogation claim on the claimed amount, or any assignment of the
claim.
(b) A claimant or duly authorized agent or legal representative
must sign in ink a claim and any amendment to that claim. The claim
must include a statement that the information provided is true and
correct to the best of the claimant's knowledge, information, and
belief. If the person's signature does not include the first name,
middle initial, if any, and surname, that information must be included
in the claim. A married woman must sign her claim in her given name,
e.g., ``Mary A. Doe,'' rather than ``Mrs. John Doe.''
Sec. 327.26 Evidence supporting a claim.
(a) The claimant must present any evidence in the claimant's
possession
[[Page 34167]]
that supports the claim. This evidence must include, if available,
statements of witnesses, accident or casualty reports, photographs, and
drawings.
(b) Notwithstanding anything in the regulations in this part, the
claimant must provide such additional reasonable documents and evidence
as requested by MARAD with respect to the claim. Failure to respond to
reasonable requests for additional information and documentation can
result in a determination that a valid claim has not been submitted.
Sec. 327.27 Proof of amount claimed for personal injury.
The following evidence must be presented when appropriate in
claims:
(a) Itemized medical, hospital, and burial bills.
(b) A written report by the attending licensed healthcare
practitioner including:
(1) The nature and extent of the injury and the treatment;
(2) The necessity and reasonableness of the various medical
expenses incurred;
(3) Duration of time injuries prevented or limited employment;
(4) Past, present, and future limitations on employment;
(5) Duration and extent of pain and suffering and of any disability
or physical disfigurement;
(6) A current prognosis;
(7) Any anticipated medical expenses;
(8) Any past medical history of the claimant relevant to the injury
alleged; and
(9) If required by MARAD, an examination by an independent medical
facility or licensed healthcare practitioner to provide independent
medical evidence against which to evaluate the written report of the
claimant's licensed healthcare practitioner. If MARAD determines the
need for this examination, it will make mutually convenient
arrangements for such an examination and will bear the costs thereof.
(c) All hospital records or other medical documents from either
this injury or any relevant past injury.
(d) If the claimant is employed, a written statement by the
claimant's employer certifying the claimant's:
(1) Age;
(2) Occupation;
(3) Hours of employment;
(4) Hourly rate of pay or weekly salary;
(5) Time lost from work because of the incident; and
(6) Claimant's actual period of employment, full-time or part-time,
and any effect of the injury upon such employment to support claims for
lost earnings.
(e) If the claimant is self-employed, written statements, or other
evidence showing:
(1) The amount of earnings actually lost; and
(2) The Federal tax return if filed for the three previous years.
(f) If the claim arises out of injuries to a person providing
services to the claimant, statement of the cost necessarily incurred to
replace the services to which claimant is entitled under law.
Sec. 327.28 Proof of amount claimed for loss of or damage to,
property.
The following evidence must be presented when appropriate:
(a) For each lost item, evidence of its value such as a bill of
sale and a written appraisal, or two written appraisals, from separate
disinterested dealers or brokers, market quotations, commercial
catalogs, or other evidence of the price at which like property can be
obtained in the community. MARAD may waive these requirements when
circumstances warrant. The reasonable cost of any appraisal may be
included as an element of damage if not deductible from any bill
submitted to claimant.
(b) For each damaged item which can be economically repaired,
evidence of cost of repairs such as a receipted bill and one estimate,
or two estimates, from separate disinterested repairmen. MARAD may
waive these requirements when circumstances warrant. The reasonable
cost of any estimate may be included as an element of damage if not
deductible from any repair bill submitted to claimant.
(c) For any claim for property damage which may result in payment
in excess of $20,000.00, a survey or appraisal must be performed as
soon as practicable after the damage accrues, and, unless waived in
writing, be performed jointly with a government representative.
(d) If the item is so severely damaged that it cannot be
economically repaired or used, it must be treated as a lost item.
(e) If a claim includes loss of earnings or use during repairs to
the damaged property, the following must also be furnished and
supported by competent evidence:
(1) The date the property was damaged;
(2) The name and location of the repair facility;
(3) The beginning and ending dates of repairs and an explanation of
any delay between the date of damage and the beginning date;
(4) A complete description of all repairs performed, segregating
any work performed for the owner's account and not attributable to the
incident involved, and the costs thereof;
(5) The date and place the property was returned to service after
completion of repairs, and an explanation, if applicable, of any delay;
(6) Whether or not a substitute for the damaged property was
available. If a substitute was used by the claimant during the time of
repair, an explanation of the necessity of using the substitute, how it
was used, and for how long, and the costs involved. Any costs incurred
that would have been similarly incurred by the claimant in using the
damaged property must be identified;
(7) Whether or not during the course of undergoing repairs the
property would have been used, and an explanation submitted showing the
identity of the person who offered that use, the terms of the offer,
time of prospective service, and rate of compensation; and
(8) If at the time of damage, the property was under charter or
hire, or was otherwise employed, or would have been employed, the
claimant must submit a statement of operating expenses that were, or
would have been, incurred. This statement must include wages and all
bonuses which would have been paid, the value of fuel and the value of
consumable stores, separately stated, which would have been consumed,
and all other costs of operation which would have been incurred
including, but not limited to, license and parking fees, personnel
expenses, harbor fees, wharfage, dockage, shedding, stevedoring,
towage, pilotage, inspection, tolls, lockage, anchorage and moorage,
grain elevation, storage, and customs fees.
(f) For each item which is lost, actual or constructive, proof of
ownership.
Sec. 327.29 Effect of other payments to claimant.
The total amount to which the claimant may be entitled is normally
computed as follows:
(a) The total amount of the loss, damage, or personal injury
suffered for which the United States is liable, less any payment the
claimant has received from the following sources:
(1) The military member or civilian employee who caused the
incident;
(2) The military member's or civilian employee's insurer; and
(3) Any joint tort-feasor or insurer.
(b) No deduction is generally made for any payment the claimant has
received by way of voluntary contributions, such as donations from
charitable organizations.
[[Page 34168]]
Sec. 327.30 Statute of limitations for AEA and claim requirements.
A civil suit must be filed within two years of the Accrual Date. No
civil suit may be brought until the earlier occurrence of either the
denial of a claim or the presumptive denial of the claim after six
months from the date the claim was properly presented in writing to
MARAD.
Sec. 327.31 Statute of limitations not tolled by administrative
consideration of claims.
The statute of limitations for filing a civil action under 46
U.S.C. 30101(b) is not tolled by MARAD's administrative consideration
of a claim.
Sec. 327.32 Notice of claim acceptance or denial.
MARAD will give prompt notice in writing of the acceptance or
denial of each claim in whole or in part, by mail to the last known
address of, by personal delivery to, or by email to the claimant or the
claimant's legal representative. In the case of denial, such notice
will contain a brief statement of the reason for such a denial.
Sec. 327.33 Claim denial presumption.
If MARAD fails to give written notice of acceptance or denial of a
claim in accordance with Sec. 327.30 within six months following the
date of receipt of such a claim by the proper person designated in
Sec. 327.24(b), such claim will be presumed to have been denied by
MARAD.
Sec. 327.34 Court action.
No person, surviving dependent or beneficiary, or legal
representative, having a claim specified under 46 U.S.C. 30101(a)
against MARAD, may institute a court action against MARAD unless an
administrative claim has previously been properly presented and filed
in accordance with Sec. Sec. 327.22 through 327.24, and such
administrative claim has been subsequently denied in accordance with
Sec. 327.32 or Sec. 327.33.
Subpart C--Other Admiralty Claims
Sec. 327.40 Other Admiralty claims.
(a) Admiralty claims caused by United States owned and operated
vessels on navigable waters or otherwise that are not covered under the
Clarification Act (50 U.S.C.A. 4701 (a)), the Admiralty Extension Act
(46 U.S.C. 30101) or the Contracts Disputes Act (41 U.S.C. 601 et.
seq.) may be filed with MARAD in accordance with this section through
Sec. 327.52.
(b) A civil action against the United States for admiralty claims
caused by United States owned and operated vessels on navigable waters
or otherwise that are not covered under the Clarification Act (50
U.S.C.A. 4701 (a)), the Admiralty Extension Act (46 U.S.C. 30101) or
the Contracts Disputes Act (41 U.S.C. 601 et. seq.) may be brought
without the filing of an administrative claim. This part sets forth the
optional procedure for filing such claims with MARAD in advance of
litigation. Once litigation is filed, the authority to handle such
claims is vested with the Justice Department, not the agency.
(c) Proceeding against the United States pursuant to the
requirements this part is not a requirement for filing suit against the
United States of America, acting by and through MARAD, with respect to
such admiralty claims.
Sec. 327.41 Definitions.
The following definitions apply to this subpart:
(a) Accrual date. The day on which the alleged wrongful act or
omission results in injury or damage for which a claim is made.
(b) Claim. A written notification of an incident, signed by the
claimant, describing the incident, and explaining why the United States
is liable. The claim must be accompanied by a demand for the payment of
a sum certain of money, with a statement as to how that sum certain was
calculated and all documents supporting the amount claimed. Where
damages for medical injuries are made, the doctor's statement relating
the injuries to the accident should be attached as well as medical
release forms for each treating licensed healthcare practitioner,
hospital, and medical care provider.
Sec. 327.42 Presentation of claims.
(a) A claim for property loss or damage may be presented by anyone
having an interest in the property, including an insurer or other
subrogee.
(b) A claim for personal injury may be presented by the person
injured.
(c) A claim based on death may be presented by the executor or
administrator of the decedent's estate, or any other person legally
entitled to assert such a claim under local law. The claimant's status
must be stated in the claim.
(d) A claim for medical, hospital, or burial expenses may be
presented by any person who by reason of family relationship has, in
fact, incurred the expenses.
(e) A joint claim must be presented in the names of and signed by,
the joint claimants, and the settlement must be made payable to the
joint claimants.
(f) A claim may be presented by a duly authorized agent, legal
representative, or survivor, if it is presented in the name of the
claimant. If the claim is not signed by the claimant, the agent, legal
representative, or survivor must indicate their title or legal capacity
and provide evidence of their authority to present the claim.
(g) Where the same claimant has a claim for damage to or loss of
property and a claim for personal injury or a claim based on death
arising out of the same incident, they must be combined in one claim.
Sec. 327.43 Insurance and other subrogated claims.
(a) The claims of an insured (subrogor) and an insurer (subrogee)
for damages arising out of the same incident constitute a single claim.
(b) An insured (subrogor) and an insurer (subrogee) may file a
claim jointly or separately. If the insurer has fully reimbursed the
insured, payment will only be made to the insurer. If separate claims
are filed, the settlement will be made payable to each claimant to the
extent of that claimant's undisputed interest. If joint claims are
filed, the settlement will be sent to the insurer.
(c) Each claimant must include with a claim, a written disclosure
concerning insurance coverage including:
(1) The names and addresses of all insurers;
(2) The kind and amount of insurance;
(3) The policy number; and
(4) Whether a claim has been or will be presented to an insurer,
and, if so, the amount of that claim; and whether the insurer has paid
the claim in whole or in part or has indicated payment will be made.
(d) Each subrogee must substantiate an interest or right to file a
claim by appropriate documentary evidence and support the claim as to
liability and measure of damages in the same manner as required of any
other claimant. Documentary evidence of payment to a subrogor does not
constitute evidence of liability of the United States or conclusive
evidence of the amount of damages. MARAD will make an independent
determination on the issues of fact and law based upon the evidence of
record.
Sec. 327.44 Actions by claimant.
(a) Form of claim. The claim should meet the requirements of this
section.
(b) Presentation. The claim must be presented in writing to the
Maritime Administration, Attn: Marine Insurance, 1200 New Jersey Avenue
SE, Washington, DC 20590-0001.
[[Page 34169]]
Sec. 327.45 Contents of a claim.
(a) A properly filed claim must include the following, however, any
of the following requirements may be waived by MARAD:
(1) Identification of MARAD as the agency whose act or omission
gave rise to the claim;
(2) The full name, mailing address, and email address of the
claimant. If this mailing address is not claimant's residence, the
claimant must also include a residence address;
(3) The date, time, and place of the incident giving rise to the
claim;
(4) The amount claimed, in a sum certain, supported by independent
evidence of property damage or loss, personal injury, or death, as
applicable together with supporting medical records and a HIPPA
compliant medical waiver for each treating licensed healthcare
practitioner, hospital, or medical provider;
(5) A detailed description of the incident giving rise to the claim
and the factual basis upon which it is claimed the United States is
liable for the claim;
(6) A description of any property damage or loss, including the
identity of the owner, if other than the claimant, as applicable;
(7) The nature and extent of the injury, as applicable;
(8) The full name, title, if any, and address of any witness to the
incident and a brief statement of the witness' knowledge of the
incident;
(9) A description of any insurance carried by the claimant or owner
of the property and the status of any insurance claim arising from the
incident; and
(10) An agreement by the claimant to accept the total amount
claimed in full satisfaction and final settlement of the claim, lien,
or subrogation claim on the claimed amount, or any assignment of the
claim.
(b) A claimant or duly authorized agent or legal representative
must sign in ink a claim and any amendment to that claim. The claim
must include a statement that the information provided is true and
correct to the best of the claimant's knowledge, information, and
belief. If the person's signature does not include the first name,
middle initial, if any, and surname, that information must be included
in the claim. A married woman must sign her claim in her given name,
e.g., ``Mary A. Doe,'' rather than ``Mrs. John Doe.''
Sec. 327.46 Evidence supporting a claim.
(a) The claimant should present any evidence in the claimant's
possession that supports the claim. This evidence must include, if
available, statements of witnesses, accident or casualty reports,
photographs, and drawings.
(b) Notwithstanding anything in the regulations in this subpart,
the claimant must provide such additional documents and evidence as
requested by MARAD with respect to the claim. Failure to respond to
reasonable requests for additional information and documentation can
result in a determination that a proper claim has not been submitted.
Sec. 327.47 Proof of amount claimed for personal injury.
The following evidence must be presented when appropriate in
claims:
(a) Itemized medical, hospital, and burial bills.
(b) A written report by the attending licensed healthcare
practitioner including:
(1) The nature and extent of the injury and the treatment;
(2) The necessity and reasonableness of the various medical
expenses incurred;
(3) Duration of time injuries prevented or limited employment;
(4) Past, present, and future limitations on employment;
(5) Duration and extent of pain and suffering and of any disability
or physical disfigurement;
(6) A current prognosis;
(7) Any anticipated medical expenses;
(8) Any past medical history of the claimant relevant to the injury
alleged; and
(9) At the request of MARAD, an examination by an independent
medical facility or licensed healthcare practitioner may be required to
provide independent medical evidence against which to evaluate the
written report of the claimant's licensed healthcare practitioner. If
MARAD determines the need for this examination, it will make mutually
convenient arrangements for such an examination and bears the costs
thereof.
(c) All hospital records or other medical documents from either
this injury or any relevant past injury.
(d) If the claimant is employed, a written statement by the
claimant's employer certifying the claimant's:
(1) Age;
(2) Occupation;
(3) Hours of employment;
(4) Hourly rate of pay or weekly salary;
(5) Time lost from work because of the incident; and
(6) Claimant's actual period of employment, full-time or part-time,
and any effect of the injury upon such employment to support claims for
lost earnings.
(e) If the claimant is self-employed, written statements, or other
evidence showing:
(1) The amount of earnings actually lost, and
(2) The Federal tax return, if filed, for the three previous years.
(f) If the claim arises out of injuries to a person providing
services to the claimant, statement of the cost necessarily incurred to
replace the services to which claimant is entitled under law.
Sec. 327.48 Proof of amount claimed for loss of, or damage to,
property.
The following evidence should be presented when appropriate:
(a) For each lost item, evidence of its value such as a bill of
sale and a written appraisal, or two written appraisals, from separate
disinterested dealers or brokers, market quotations, commercial
catalogs, or other evidence of the price at which like property can be
obtained in the community. MARAD may waive these requirements when
circumstances warrant. The reasonable cost of any appraisal may be
included as an element of damage if not deductible from any bill
submitted to claimant.
(b) For each damaged item which can be economically repaired,
evidence of cost of repairs such as a receipted bill and one estimate,
or two estimates, from separate disinterested repairmen. MARAD may
waive these requirements when circumstances warrant. The reasonable
cost of any estimate may be included as an element of damage if not
deductible from any repair bill submitted to claimant.
(c) For any claim which may result in payment in excess of
$20,000.00, a survey or appraisal shall be performed as soon as
practicable after the damage accrues, and, unless waived in writing,
must be performed jointly with a government representative.
(d) If the item is so severely damaged that it cannot be
economically repaired or used, it must be treated as a lost item.
(e) If a claim includes loss of earnings or use during repairs to
the damaged property, the following must also be furnished and
supported by competent evidence:
(1) The date the property was damaged;
(2) The name and location of the repair facility;
(3) The beginning and ending dates of repairs and an explanation of
any delay between the date of damage and the beginning date;
(4) A complete description of all repairs performed, segregating
any work performed for the owner's account and not attributable to the
incident involved, and the costs thereof;
[[Page 34170]]
(5) The date and place the property was returned to service after
completion of repairs, and an explanation, if applicable, of any delay;
(6) Whether or not a substitute for the damaged property was
available. If a substitute was used by the claimant during the time of
repair, an explanation of the necessity of using the substitute, how it
was used, and for how long, and the costs involved. Any costs incurred
that would have been similarly incurred by the claimant in using the
damaged property must be identified;
(7) Whether or not during the course of undergoing repairs the
property would have been used, and an explanation submitted showing the
identity of the person who offered that use, the terms of the offer,
time of prospective service, and rate of compensation; and
(8) If at the time of damage, the property was under charter or
hire, or was otherwise employed, or would have been employed, the
claimant must submit a statement of operating expenses that were, or
would have been, incurred. This statement must include wages and all
bonuses which would have been paid, the value of fuel and the value of
consumable stores, separately stated, which would have been consumed,
and all other costs of operation which would have been incurred
including, but not limited to, license and parking fees, personnel
expenses, harbor fees, wharfage, dockage, shedding, stevedoring,
towage, pilotage, inspection, tolls, lockage, anchorage and moorage,
grain elevation, storage, and customs fees.
(f) For each item which is lost, actual or constructive, proof of
ownership.
Sec. 327.49 Effect of other payments to claimant.
The total amount to which the claimant may be entitled is normally
computed as follows:
(a) The total amount of the loss, damage, or personal injury
suffered for which the United States is liable, less any payment the
claimant has received from the following sources:
(1) The military member or civilian employee who caused the
incident;
(2) The military member's or civilian employee's insurer; and
(3) Any joint tort-feasor or insurer.
(b) No deduction is generally made for any payment the claimant has
received by way of voluntary contributions, such as donations of
charitable organizations.
Sec. 327.50 Statute of limitations for other admiralty claims and
claim requirements.
A civil suit must be filed within the statute of limitations of the
specific admiralty claim. The start date for such statute of
limitations determinations must be the Accrual Date.
Sec. 327.51 Statute of limitations not tolled by administrative
consideration of claims.
The statute of limitations for filing a civil action under 46
U.S.C. 30101(b) is not tolled by the MARAD's administrative
consideration of a claim.
Sec. 327.52 Notice of claim acceptance or denial.
MARAD will give prompt notice in writing of the acceptance or
denial of each claim in whole or in part, by mail to the last known
address of, or by personal delivery to, the claimant or the claimant's
legal representative. In the case of denial, such notice will contain a
brief statement of the reason for such a denial.
By Order of the Maritime Administrator.
T. Mitchell Hudson, Jr.,
Secretary, Maritime Administration.
[FR Doc. 2026-11313 Filed 6-4-26; 8:45 am]
BILLING CODE 4910-81-P
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</html>Indexed from Federal Register on June 5, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.