[Code of Federal Regulations]
[Title 33, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR148.219]

[Page 188-189]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
   CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)
 
PART 148--GENERAL--Table of Contents
 
                    Subpart C--Application Proceeding
 
Sec. 148.219  Claims and objections.

    (a) Any person required to furnish information may assert, as ground 
for relief from the requirement, any failure to comply with this part or 
any other constitutional or legal right or privilege.
    (b) In general, claims relating to documents must be made on filing 
an application or on receiving a determination by the Secretary pursuant 
to Sec. 148.109(z).
    (c) If a person claims attorney-client privilege, he must identify 
the communication by date, type of communication, persons making and 
receiving the communication, and general subject matter. If the required 
information is in a separable part of a communication, such as an 
attachment to a letter, the separate part must be similarly identified. 
The identification must be filed with the clerk or as a document 
pursuant to Sec. 148.269.
    (d) Any document claimed to be protected by section 14(b) of the Act 
must be placed in a sealed envelope, containing the name of the person 
claiming the protection and of the applicant, and the date or 
anticipated date of the application. A brief statement of the basis of 
the claim must be included, either on the envelope or separately. If a 
number of documents are involved, they must be grouped according to 
nature of claim, and a self-explanatory numbering system used for 
envelopes and documents.
    (e) Written objection to any claim may be made by any Federal or 
State department or agency, or any applicant, affiliate, party or other 
interested person. The objection shall include a brief statement of its 
basis and identify the documents to which it applies.
    (f) Except as provided in paragraph (g) of this section, the General 
Counsel shall determine, or designate a person to determine, issues 
raised by any claim filed under this section. A designation by the 
General Counsel may specify procedures to be used in resolving the issue 
or may leave some or all of the procedural matters to the discretion of 
the designated person. The proceedings pursuant to a designation shall 
be reported to the General Counsel, who shall approve, modify or 
disapprove the reported findings and conclusions.
    (g) Any person making or objecting to a claim, or other interested 
person, may at any time file with the General Counsel a request or 
recommendation as to procedures. The General Counsel may act upon it or 
refer it to a person designated to resolve the issue.
    (h) At any formal or informal hearing the presiding officer may 
permit any person to assert any claim that could be filed under this 
section and may determine any issue raised by the claim

[[Page 189]]

or, in his discretion, refer it to the General Counsel for resolution 
pursuant to paragraph (f) of this section.
    (i) The filing of any claim under this section, other than a claim 
of document protection under paragraph (d) of this section, shall stay 
the time for meeting any information required to which the claim 
relates, but shall not stay the periods for processing and review of an 
application unless the Secretary determines that compliance with the 
requirement is material to processing of the application within the time 
prescribed in the Act. If the Secretary determines that it is material, 
he may suspend the application pending a determination that processing 
can be resumed. The period of any suspension shall not be counted in 
determining the date prescribed by the time limit set forth in section 
4(c)(6), 5(d)(3), 5(e)(2), 5(g), 7(b)(11) or 9(b)(1) of the Act.
    (j) Any determination by the General Counsel under paragraph (f) of 
this section may be appealed to the Secretary for good cause shown.

                         Informal Public Hearing