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46 CFR 520.11 - Non-vessel-operating common carriers.

§ 520.11
Non-vessel-operating common carriers.
(a) Financial responsibility. An ocean transportation intermediary that operates as a non-vessel-operating common carrier shall state in its tariff publication:
(1) That it has furnished the Commission proof of its financial responsibility in the manner and amount required by part 515 of this chapter ;
(2) The manner of its financial responsibility;
(3) Whether it is relying on coverage provided by a group or association to which it is a member;
(4) The name and address of the surety company, insurance company or guarantor issuing the bond, insurance policy, or guaranty;
(5) The number of the bond, insurance policy or guaranty; and
(6) Where applicable, the name and address of the group or association providing coverage.
(b) Agent for service. Every NVOCC not in the United States shall state the name and address of the person in the United States designated under part 515 of this chapter as its legal agent for service of process, including subpoenas. The NVOCC shall further state that in any instance in which the designated legal agent cannot be served because of death, disability or unavailability, the Commission's Secretary will be deemed to be its legal agent for service of process.
(c) Co-Loading. (1) NVOCCs shall address the following situations in their tariffs:
(i) If an NVOCC does not tender cargo for co-loading, this shall be noted in its tariff.
(ii) If two or more NVOCCs enter into an agreement which establishes a carrier-to-carrier relationship for the co-loading of cargo, then the existence of such agreement shall be noted in the tariff.
(iii) If two NVOCCs enter into a co-loading arrangement which results in a shipper-to-carrier relationship, the tendering NVOCC shall describe its co-loading practices and specify its responsibility to pay any charges for the transportation of the cargo. A shipper-to-carrier relationship shall be presumed to exist where the receiving NVOCC issues a bill of lading to the tendering NVOCC for carriage of the co-loaded cargo.
(2) Documentation requirements. An NVOCC which tenders cargo to another NVOCC for co-loading, whether under a shipper-to-carrier or carrier-to-carrier relationship, shall annotate each applicable bill of lading with the identity of any other NVOCC to which the shipment has been tendered for co-loading. Such annotation shall be shown on the face of the bill of lading in a clear and legible manner.
(3) Co-loading rates. No NVOCC may offer special co-loading rates for the exclusive use of other NVOCCs. If cargo is accepted by an NVOCC from another NVOCC which tenders that cargo in the capacity of a shipper, it must be rated and carried under tariff provisions which are available to all shippers.

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.

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
USC : Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

§ 553 - Rule making

USC : Title 46 - SHIPPING

§ 305 - Regulations

§ 40101 - Purposes

§ 40102 - Definitions

§ 40501 - General rate and tariff requirements

§ 40502 - Service contracts

§ 40503 - Refunds and waivers

§ 40701 - Rates

§ 40702 - Rate standards

§ 40703 - Effective date of rates

§ 40704 - Commission review

§ 40705 - Presidential review of Commission orders

§ 40706 - Exceptions

§ 41101 - Joint ventures and consortiums

§ 41102 - General prohibitions

§ 41103 - Disclosure of information

§ 41104 - Common carriers

§ 41105 - Concerted action

§ 41106 - Marine terminal operators

§ 41107 - Monetary penalties

§ 41108 - Additional penalties

§ 41109 - Assessment of penalties

Title 46 published on 2012-10-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 46 CFR 520 after this date.

  • 2013-02-26; vol. 78 # 38 - Tuesday, February 26, 2013
    1. 78 FR 13011 - Non-Vessel-Operating Common Carrier Negotiated Rate Arrangements; Tariff Publication Exemption
      GPO FDSys XML | Text
      FEDERAL MARITIME COMMISSION
      Notice of proposed rulemaking.
      Comments or suggestions due on or before: April 29, 2013.
      46 CFR Parts 515, 520, and 532