(a) No common carrier may transport cargo for the account of a shipper known by the carrier to be an NVOCC unless the carrier has determined that the NVOCC has a tariff and financial responsibility as required by sections 8 (46 U.S.C. 40501-405 03) and 19 (46 U.S.C. 40901-409 04) of the Act.
(b) A common carrier can obtain proof of an NVOCC's compliance with the tariff and financial responsibility requirements by:
(1) Reviewing a copy of the tariff published by the NVOCC and in effect under part 520 of this chapter ;
(2) Consulting the Commission to verify that the NVOCC has filed evidence of its financial responsibility; or
(3) Any other appropriate procedure, provided that such procedure is set forth in the carrier's tariff.
(c) A common carrier that has employed the procedure prescribed in either paragraphs (b)(1) or (b)(2) of this section shall be deemed to have met its obligations under section 10(b)(11) of the Act (46 U.S.C. 41104(11) ), unless the common carrier knew that such NVOCC was not in compliance with the tariff and financial responsibility requirements.
(d) The Commission will publish at its website, www.fmc.gov, a list of the locations of all carrier and conference tariffs, and a list of ocean transportation intermediaries who have furnished the Commission with evidence of financial responsibility, current as of the last date on which the list is updated. The Commission will update this list on a periodic basis.
[64 FR 11171, Mar. 8, 1999, as amended at 74 FR 50720, Oct. 1, 2009]
Title 46 published on 2012-10-01
no entries appear in the Federal Register after this date.
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.