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. 41301-413 02, 41305-41307(a)) or 14 (46 U.S.C. 41304, 41308-413 09) of the Act, or assesses a penalty pursuant to section 13 of the Act (46 U.S.C. 41107-411 09), a bond, insurance, or other surety shall be available to pay such order or penalty.
(b) Payment pursuant to a claim.
If a party does not file a complaint with the Commission pursuant to section 11 of the Act (46 U.S.C. 41301-413 02, 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:
The ocean transportation intermediary consents to payment, subject to review by the financial responsibility provider; or
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.
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.
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]