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Tuesday, April 23, 2024 | Back issues
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U.S. Admiralty Claims Procedures Get Overhaul

WASHINGTON (CN) - The Maritime Administration has adopted new procedures to more effectively address Admiralty claims, a new regulation says.

The move is in response to President Barack Obama's 2011 executive order for federal agencies to design cost-effective, evidence-based regulations that are compatible with economic growth, job creation, and competitiveness, whether the regulations are old or new.

The new Admiralty claims regulations are split into three sections, effective Nov. 29: Seamen's Claims governed by the Clarification Act; claims filed under the Admiralty Extension Act; and administrative claims for all admiralty claims not covered by the first two sections or the Contracts Disputes Act.

The Admiralty Extension Act is a law that "extends the admiralty and maritime jurisdiction of the United States to cases of injury or damage to a person or property caused by a vessel on navigable waters, even though the injury or damage is done or consummated on land," according to the new regulation.

The filing of proper administrative claims under the first two sections of Admiralty claims must take place before filing suit against the United States. For example, under the Clarification Act, before suit can be filed against the United States, there must be a denial of an administrative claim filed by officers and members of crews injured aboard Maritime Administration vessels.

Before suit can be filed against the United States under the Admiralty Extension Act, there must be an administrative denial of a claim filed under that act or 6 months must have passed after the claim is presented in writing to the agency.

To learn more, click the document icon for this regulation and others.

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