and upon conviction thereof shall be fined in any sum not exceeding $1,000.

(b) Federal Tort Claims distinguished. The above-quoted provision which does not require that an attorney's fees be fixed in, and be made a part of, the award adjudicating the claim, is different from an otherwise similar provision concerning certain Federal Tort Claims as described in § 750.13.

(c) Other prohibition. The provisions concerning an attorney's fee set forth in paragraph (a) of this section does not authorize a fee in those cases where a fee is prohibited for other reasons (see SECNAVINST 5801.1B, Legal assistance program, paragraph 15).

(a) A claim may be reconsidered which was previously disapproved in whole or in part even though final settlement has been made when it appears that the original action was erroneous or incorrect in law or in fact based on the evidence of record at the time of the action or subsequently submitted. A request for reconsideration shall be made in writing to the adjudicating authority originally acting on the claim and should include all documents which have been returned to the claimant. All requests for reconsideration shall be made within six months from the date the claimant received notice of the initial adjudica

tion of his claim. Any adjudicating authority shall reconsider a claim upon which he has originally acted upon the request of a claimant or someone acting in the claimant's behalf and may settle it by granting such relief as may be warranted. If it is determined that the original action was incorrect, it shall be modified and, if appropriate, a supplemental payment shall be approved. An adjudicating authority may also, on his own initiative, reconsider a claim which he has denied in whole or in part.

(b) If an adjudicating authority does not grant the relief requested, the request for reconsideration shall be forwarded, together with the entire file and the adjudicating authority's recommendation, to the Judge Advocate General and the claimant so informed.

AUTHORITY: The provisions of this Part 752 issued under sec. 5031, 70A Stat. 278, as amended, sec. 301, 80 Stat. 379; 5 U.S.C. 301, 10 U.S.C. 5031. Interpret or apply secs. 76217623, 70A Stat. 472, as amended, 79 Stat. 212; 10 U.S.C. 7621-7623.

SOURCE: The provisions of this Part 752 appear at 35 F.R. 13104, Aug. 18, 1970, unless otherwise noted.

NOTE: This Part 752 is Chapter XII of the Manual of the Judge Advocate General. § 752.1

Scope.

(a) Application of chapter. This part applies to admiralty tort claims. These include claims against the United States for damage caused by a vessel in the naval service and affirmative claims by the United States for damage caused by a vessel or floating object to Navy property. Most collisions involve claims both by and against the Navy.

(b) JAGINST 5880.1 series. Detailed instructions concerning admiralty claims

are contained in JAGINST 5880.1 series. This Instruction must be consulted and its provisions followed in the actual handling of any admiralty claim.

(c) Claims against the United States. The Secretary of the Navy may settle or compromise, in an amount not more than $1 million, a claim against the United States for damage caused by a vessel in the naval service, or for towage or salvage services rendered to such a vessel. In addition to collisions and cases of actual physical contact with another vessel or a shore structure, the following are examples of damage that may be caused by a naval vessel:

(1) Wave wash or swell damage; (2) Damage to fish nets or traps, lobster pots, oyster beds or clam flats;

(3) Damage to commercial cargo carried in a Navy bottom;

(4) Personal injury or death of a civilian not employed by the Government (including longshoremen, harbor workers, repairmen, visitors, passengers, and guests);

(5) Damage resulting from oil spills, paint spray, blowing tubes;

(6) Damage to third parties resulting from fire or explosion on a naval vessel. (d) Affirmative claims. The Secretary of the Navy also has authority to settle or compromise affirmative admiralty claims in an amount not over $1 million. These are claims for damage to property under the jurisdiction of the Department of the Navy or property for which the Department has assumed an obligation to respond for damage, if the claim is within the admiralty jurisdiction or is for damage caused by a vessel or floating object.

(e) Collisions between U.S. naval vessels. This part does not apply to incidents involving only U.S. naval vessels or property, or where neither private interests nor foreign governments nor any other potential claimants are involved.

(f) Policy. The policy of the Navy is to effect fair and prompt settlements of admiralty claims wherever possible. The procedures described in this part are designed to accomplish that end.

report of significant damage is necessary under other directives (e.g., articles 0628, 0727, U.S. Navy Regulations) this requirement can be met by including JAG and the cognizant judge advocate in the field as addressees of the casualty report. If a telephone report is to be used, the call should be directed to the Admiralty Division of the Office of the Judge Advocate General, Navy Department, Washington, D.C., Area Code 202, OXford 45274, during office hours, or Oxford 50231 (the OPNAV Duty Captain) at other times for connection with the JAG Duty Officer.

(b) Assistance by admiralty officers. Immediate reporting of an admiralty claim enables the local judge advocate or the Admiralty Division to render prompt assistance with respect to surveying the damage, dealing with opposing interests, and advising as to the scope of any investigation which may be required. The district judge advocate or staff judge advocate is prepared to furnish needed assistance.

(a) Reference to other chapters. In the event of a collision between a nava vessel and a merchant vessel, the investgation will be in accordance with Part 719 of this chapter, as applicable, and Chapters VII, IX and XI of the Manual of the Judge Advocate General of the Navy. The type of fact-finding body to be ordered is within the discretion of the commander concerned, unless otherwise directed by higher authority. An advance copy of the report of the investigation in any admiralty case is to be sent directly to the Judge Advocate General (Admiralty Division) as soon as possible.

(b) Letter report in minor cases. If the incident or resulting damage is of minor significance, and of interest only from an admiralty claims standpoint, a letter report may suffice. Should later developments so require, a fact-finding body may then be ordered.

(c) Reporting all the facts. When dealing with admiralty claims, the major consideration is to obtain and report all the facts upon which an appraisal of liability will depend. The form of the report is of lesser importance.

(d) Limited use of subpoena power. An investigation, as distinguished from a court of inquiry, does not have subpoena power. Even in the case of a court of inquiry, it is usually not advisable to subpoena witnesses from a merchant ves

sel to testify in a case involving collision with a naval vessel. The fact that merchant marine personnel were required to testify before the Navy court would no doubt result in a motion to produce a record of the Navy inquiry in any subsequent litigation.

(e) Witnesses from merchant vessel. Witnesses from the merchant ship may be invited to testify before a Navy investigation or court of inquiry. However, such invitations are almost always declined on advice of counsel. Should witnesses from the merchant ship testify, the record must indicate when they and their attorneys were present. Attorneys who represent the interests of the merchant vessel or crew may not examine any of the witnesses, including their own, or participate in the proceedings in any manner. They may only be present when their witnesses testify. A witness from a merchant vessel should be furnished a copy of his testimony before a naval investigation.

(f) Coast Guard investigation. The United States Coast Guard has investigative responsibility in marine casualties involving loss of life, violations of the navigation and inspection laws, and incompetency or misconduct of licensed and certificated personnel. Navy employees and personnel cannot be summoned as witnesses in a Coast Guard investigation without the Navy's consent. If the Coast Guard requests the production of Navy witnesses, the circumstances of the particular case and the Navy's interest therein will determine whether or not they will be produced. The final decision is made in the Office of the Judge Advocate General. If naval witnesses are produced, it is essential that the interests of the Government be represented by competent admiralty counsel from a Navy legal office.

§ 752.4 Documents.

(a) Preserving records of original entry. Particularly in a collision case, all original documents, logs, and records relating to or recording the occurrence must be preserved. If entries were made in the first instance on slips of paper, such entries must also be preserved. Admiralty courts attach great significance to records of original entry.

(b) No erasures. No erasures shall be made for any purpose in a log book or any record of original entry. If an entry is to be corrected, the original shall be lined through and initialed, and the cor

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(9) CIC logs;

(10) Radar logs;

(11) Signal and communication logs;
(12) Voice radio log;
(13) Radar plot;
(14) DRT plot;

(15) Night order book; and
(16) Fathometer record.

(d) Forwarding of records. In major collision cases, the foregoing documents should be assembled and forwarded to the Judge Advocate General (Admiralty Division) as soon as possible. A copy of the letter of transmittal should be sent to the Chief of Naval Personnel. Copies should first be made of such parts of the original documents as may be required for use by fact finding bodies or for ship's use. In other than major collisions, the same documents should be preserved and assembled, and the Judge Advocate General (Admiralty Division) and the cognizant judge advocate in the field advised where these records are being held. If the original documents are required by the Judge Advocate General in such cases, appropriate instructions will then be forthcoming.

(e) Photographs. Although photographs do not constitute original documentary evidence, they are an extremely valuable adjunct to an investigation. In collision cases, photographs indicating the angle of collision and the extent of damage are most helpful. They are also essential in personal injury cases where there is a possible issue of some unseaworthy condition or some alleged defect in a vessel's tackle, gear, or appurtenances. In such cases, photos should be taken of the area of the ship and the apparatus involved. Such photos should be identified as to date, time, and place of taking, and as to the name, rate, and service number of the photographer.

§ 752.5 Surveys.

(a) Requirements. Surveys of the damages to both the naval vessel and the privately owned vessel are essential in the Navy's admiralty claims procedure. The requirement applies not only to collisions but also to all damages caused by a vessel, such as to a pier or land structure. The same considerations apply to affirmative claims where a privately owned vessel damages Navy property. The primary purpose of a survey is to reach an agreement between the interested parties as to the extent of physical damage resulting from a casualty, and to eliminate later controversy concerning the items of damage. Surveys should therefore be held as soon after the collision or casualty as possible. When additional damage is discovered, or when repairs to a ship are deferred and no price has been agreed upon, a supplementary survey is frequently held at the time repairs are made.

(b) Notice. For a survey to be of most value, it should be a joint survey; that is, with all interests represented. If a naval -vessel or property has suffered damage, notice must be given promptly to the owner or representative of the offending -vessel, fixing a time and place where the Navy's damages may be surveyed. Where survey would result in disclosure of classified information, opposing interests should be advised in writing that, for this reason, survey of the naval vessel, or certain parts thereof, carnot be permitted. However, every opportunity for a complete survey should be afforded opposing interests if at all possible.

(c) Report. The surveyors normally write up their findings as to damage and their recommendations for repair, in the -form of a field survey, immediately after making the survey. It is customary for all surveyors to sign this report, without prejudice as to liability. If a surveyor does not agree to all items in the survey, a statement of his objections to certain items should be noted in the survey report.

(d) Progress of repairs. The surveyor should follow the progress of repair -work, noting whether this is accomplished in accordance with the recommendations. If work other than damage repair is accomplished at the same time, .details should be included in his report. Where repairs are made commercially the cost should be reported, and if bids

are obtained, these should be checked and reported.

(e) U.S. Salvage Association, Inc. The Navy is normally represented at marine surveys by United States Salvage Associations, Inc., which is under contract to represent the Navy worldwide in these matters. The Judge Advocate General and the various district judge advocates and admiralty officers have authority to request the services of the Salvage Association under this contract. In areas served by a district judge advocate, the admiralty officer normally will make all arrangements for the survey, including notification of opposing interest. However, it is the responsibility of the commanding officer to insure that a survey is held. (As to surveys in Army and Air Force cases, see § 752.7 (f).)

(f) Exception-special situations involving foreign government claims. Depending on the identity of the foreign sovereign involved in the particular incident, admiralty survey procedures may apply to collisions between U.S. Navy ships and foreign naval or public ships. In cases where claims can be legally asserted, it has been determined, for policy reasons, that in certain special situations, joint survey exchanges will not be held without prior specific approval. OPNAV Instructions under subject identification code 3040 establish policy in such cases.

her services due to a collision. These costs include the out of pocket expenses incurred during the repair period, particularly the following:

(1) Pay and allowances of officers and crew;

(2) Subsistence of crew;

(3) Fuel and lube oil consumed; and
(4) Supplies and stores consumed.

(d) Collection of data. As soon as possible after a collision, the commanding officer of a naval vessel must take steps to insure the collection of the necessary data in support of an affirmative claim. Original documents in support of the various items of claim must be preserved. Detailed signed statements in support of the various items are to be prepared by the cognizant officers or persons computing those items. The foregoing data should be retained pending instructions from the Judge Advocate General or the cognizant judge advocate.

(e) Log entries. The ship's log should contain entries showing when the vessel entered and departed the repair yard and when collision repairs were started and completed. The log entry for the midwatch of each day of the repair period should state that the vessel is in a repair yard for the accomplishment of collision repairs, if this is the case.

§ 752.7 Miscellaneous.

(a) Libel against foreign merchant vessel. Article 0632, U.S. Navy Regulations, provides for the filing of a libel by a commanding officer or senior officer present against a foreign merchant vessel in a foreign port. Such action involves an exercise of authority to institute litigation on behalf of the United States, a matter within the primary cognizance of the Department of Justice. Because of the complications and policy considerations involved, action under 0632 should not be taken without prior clearance from the Judge Advocate General.

(b) Public information. Serious collisions and marine casualties are matters of great public interest, and frequently result in requests from press, radio, television, and other media representatives for interviews or statements from personnel involved. Unguarded and impulsive statements by persons still laboring under the strain of an emergency situation can seriously prejudice the interests of the Government in subsequent claims and litigation. Accordingly, all hands should be cautioned after

a casualty to give no statements or interviews without prior clearance from both the cognizant public information officer and the cognizant judge advocate.

(c) Dealings with opposing interests. All dealings and negotiations with opposing interests in admiralty matters should be handled by a judge advocate or the Judge Advocate General. Any correspondence, letters of claim, or demands received by a commanding officer in this connection may be forwarded to the cognizant judge advocate or to the Judge Advocate General for handling and reply. All hands are to be cautioned against giving statements to opposing interests or making any admission which might prejudice the Government's case.

(d) Foreign claims. Certain claims arising in a foreign country can be handled either as admiralty claims or foreign claims. As indicated in § 753.17 of this chapter, such claims are not to be handled as foreign claims without the authorization of the Judge Advocate General.

(e) Guidance and assistance. The admiralty officers in the various naval districts and the Admiralty Division of the Office of the Judge Advocate General are prepared to offer advice, assistance, and guidance in the handling of all admiralty matters. Any question which may arise with respect to the applicability of this part or the handling of a particular incident may be referred to an admiralty officer or to the Judge Advocate General with a request for instructions and guidance.

(f) Surveys in Army and Air Force cases. While both the Department of the Army and the Department of the Air Force have administrative authority to settle admiralty claims comparable to that of the Navy, neither of these departments has experienced the case volume which would warrant negotiation of a separate contract with the U.S. Salvage Association, Inc. Nevertheless, on occasion, both Departments have needed representation by an independent marine surveyor. The Navy has thus authorized, and the U.S. Salvage Association has agreed to attend joint surveys and represent the Army or the Air Force. Accordingly, when requested to do so by appropriate Army or Air Force commands, naval officers authorized by § 752.5(e) may engage the U.S. Salvage Association for the Army or Air Force under the Navy contract with the U.S.