46 CFR 327.40
§ 327.40 Other Admiralty claims.
United States · 46 CFR — Shipping · Status: effective
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- Citation
- 46 CFR 327.40, § 327.40 Other Admiralty claims, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/232180
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Full text
(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 § 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.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.