46 CFR 515.23 - Claims against an ocean transportation intermediary.

Status message

There is 1 rule appearing in the Federal Register for 46 CFR 515. View below or at eCFR (GPOAccess)
§ 515.23 Claims against an ocean transportation intermediary.
The Commission or another party may seek payment from the bond, insurance, or other surety that is obtained by an ocean transportation intermediary pursuant to this section. (See also§ 545.3 of this chapter.)
(a) Payment pursuant to Commission order. If the Commission issues an order for reparation pursuant to sections 11 (46 U.S.C. 41301-41302, 41305-41307(a)) or 14 (46 U.S.C. 41304, 41308-41309) of the Act, or assesses a penalty pursuant to section 13 of the Act (46 U.S.C. 41107-41109), a bond, insurance, or other surety shall be available to pay such order or penalty.
(b) Payment pursuant to a claim.
(1) If a party does not file a complaint with the Commission pursuant to section 11 of the Act (46 U.S.C. 41301-41302, 41305-41307(a)), but otherwise seeks to pursue a claim against an ocean transportation intermediary bond, insurance or other surety for damages arising from its transportation-related activities, it shall attempt to resolve its claim with the financial responsibility provider prior to seeking payment on any judgment for damages obtained. When a claimant seeks payment under this section, it simultaneously shall notify both the financial responsibility provider and the ocean transportation intermediary of the claim by certified mail, return receipt requested. The bond, insurance, or other surety may be available to pay such claim if:
(i) The ocean transportation intermediary consents to payment, subject to review by the financial responsibility provider; or
(ii) The ocean transportation intermediary fails to respond within forty-five (45) days from the date of the notice of the claim to address the validity of the claim, and the financial responsibility provider deems the claim valid.
(2) If the parties fail to reach an agreement in accordance with paragraph (b)(1) of this section within ninety (90) days of the date of the initial notification of the claim, the bond, insurance, or other surety shall be available to pay any final judgment for damages obtained from an appropriate court. The financial responsibility provider shall pay such judgment for damages only to the extent they arise from the transportation-related activities of the ocean transportation intermediary ordinarily within 30 days, without requiring further evidence related to the validity of the claim; it may, however, inquire into the extent to which the judgment for damages arises from the ocean transportation intermediary's transportation-related activities.
(c) The Federal Maritime Commission shall not serve as depository or distributor to third parties of bond, guaranty, or insurance funds in the event of any claim, judgment, or order for reparation.
(d) Optional bond riders. The Federal Maritime Commission shall not serve as a depository or distributor to third parties of funds payable pursuant to optional bond riders described in § 515.25(c).
[64 FR 11171, Mar. 8, 1999, as amended at 65 FR 26512, May 8, 2000; 65 FR 33480, May 24, 2000; 69 FR 17945, Apr. 6, 2004; 74 FR 50719, Oct. 1, 2009]

Title 46 published on 2013-10-01

The following are only the Rules published in the Federal Register after the published date of Title 46.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-07-24; vol. 79 # 142 - Thursday, July 24, 2014
    1. 79 FR 42986 - Procedure for Public Notification of Ocean Transportation Intermediary Licensing Activity
      GPO FDSys XML | Text
      FEDERAL MARITIME COMMISSION
      Direct final rule; and request for comments.
      This rule is effective on September 22, 2014 without further action, unless significant adverse comment is received by August 22, 2014. If significant adverse comment is received, the Federal Maritime Commission will publish a timely withdrawal of the rule in the Federal Register .
      46 CFR Part 515

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
Statutes at Large

Title 46 published on 2013-10-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 46 CFR 515 after this date.

  • 2014-07-24; vol. 79 # 142 - Thursday, July 24, 2014
    1. 79 FR 42986 - Procedure for Public Notification of Ocean Transportation Intermediary Licensing Activity
      GPO FDSys XML | Text
      FEDERAL MARITIME COMMISSION
      Direct final rule; and request for comments.
      This rule is effective on September 22, 2014 without further action, unless significant adverse comment is received by August 22, 2014. If significant adverse comment is received, the Federal Maritime Commission will publish a timely withdrawal of the rule in the Federal Register .
      46 CFR Part 515