(a) Application. Before any facility is exempt from coverage under
the Act, the facility must apply for and receive a certificate of
exemption from the Director or his/her designee. The application must be
made by the owner of the facility; where the owner is a partnership it
shall be made by a partner and where a corporation by an officer of the
corporation or the manager in charge of the facility for which an
exemption is sought. The information submitted shall include the
following:
(1) Name, location, physical description and a site plan or aerial
photograph of the facility for which an exemption is sought.
(2) Description of the nature of the business.
(3) An affidavit (signed by a partner if the facility is owned by a
partnership or an officer if owned by a corporation) vertifying and/or
acknowledging that:
(i) the facility is, as of the date of the application, engaged in
the business of building, repairing or dismantling exclusively small
commercial vessels and that it does not then nor foreseeably will it
engage in the building, repairing or dismantling of other than small
vessels.
(ii) The facility does not receive any Federal maritime subsidy.
(iii) The signator has the duty to immediately inform the district
director of any change in these or other conditions likely to result in
a termination of an exemption.
(iv) the employer has secured appropriate compensation liability
under a State workers' compensation law.
(v) Any false, relevant statements relating to the application or
the failure to notify the district director of any changes in
circumstances likely to result in termination of the exemption
will be grounds for revocation of the exemption certificate and will
subject the employer to all provisions of the Act, including all duties,
responsibilities and penalties, retroactive to the date of application
or date of change in circumstances, as appropriate.
(b) Action by the Director. The Director or his/her designee shall
review the application within thirty (30) days of its receipt.
(1) Where the application is complete and shows that all
requirements under Sec. 702.173 are met, the Director shall promptly
notify the employer by certified mail, return receipt requested, that
certification has been approved and will be effective on the date
specified. The employer is required to post notice of the exemption at a
conspicuous location.
(2) Where the application is incomplete or does not substantiate
that all requirements of section 3(d) of the Act, 33 U.S.C. 903(d), have
been met, or evidence shows the facility is not eligible for exemption,
the Director shall issue a letter which details the reasons for the
deficiency or the rejection. The employer/applicant may reapply for
certification, correcting deficiencies and/or responding to the reasons
for the Director's denial. The Director or his/her designee shall issue
a new decision within a reasonable time of reapplication following
denial. Such action will be the final administrative review and is not
appealable to the Administrative Law Judge or the Benefits Review Board.
(c) The Director or another designated individual at any time has
the right to enter on and inspect any facility seeking exemption for
purposes of verifying information provided on the application form.
(d) Action by the employer. Immediately upon receipt of the
certificate of exemption from coverage under the Act the employer shall
post:
(1) A general notice in a conspicuous place that the Act does not
cover injuries sustained at the facility in question, the basis of the
exemption, the effective date of the exemption and grounds for
termination of the exemption.
(2) A notice, where applicable, at the entrances to all areas to
which the exemption does not apply.
(Approved by the Office of Management and Budget under control number
1215-0160)
[50 FR 396, Jan. 3, 1985, as amended at 51 FR 4283, Feb. 3, 1986]
