46 CFR 501.26 - Delegation to and redelegation by the Director, Bureau of Certification and Licensing.

§ 501.26 Delegation to and redelegation by the Director, Bureau of Certification and Licensing.

Except where specifically redelegated in this section, the authorities listed in this section are delegated to the Director, Bureau of Certification and Licensing.

(a) Authority to:

(1) Approve or disapprove applications for OTI licenses; issue or reissue or transfer such licenses; and approve extensions of time in which to furnish the name(s) and ocean transportation intermediary experience of the managing partner(s) or officer(s) who will replace the qualifying partner or officer upon whose qualifications the original licensing was approved;

(2) Issue a letter stating that the Commission intends to deny an OTI application, unless within 20 days applicant requests a hearing to show that denial of the application is unwarranted; deny applications where an applicant has received such a letter and has not requested a hearing within the notice period; and rescind, or grant extensions of, the time specified in such letters;

(3) Revoke the license of an OTI upon the request of the licensee;

(4) Upon receipt of notice of cancellation of any instrument evidencing financial responsibility, notify the licensee in writing that its license will automatically be suspended or revoked, effective on the cancellation date of such instrument, unless new or reinstated evidence of financial responsibility is submitted and approved prior to such date, and subsequently order such suspension or revocation for failure to maintain proof of financial responsibility;

(5) Revoke the ocean transportation intermediary license of a non-vessel-operating common carrier not in the United States for failure to designate and maintain a person in the United States as legal agent for the receipt of judicial and administrative process;

(6) Approve changes in an existing licensee's organization; and

(7) Return any application which on its face fails to meet the requirements of the Commission's regulations, accompanied by an explanation of the reasons for rejection.

(8) The authorities contained in paragraphs (a)(3) and (a)(4) of this section are redelegated to the Director, Office of Transportation Intermediaries, in the Bureau of Certification and Licensing.

(b) Authority to:

(1) Approve applications for Certificates (Performance) and Certificates (Casualty) for passenger vessels, evidenced by a surety bond, guaranty or insurance policy, or combination thereof; and issue, reissue, or amend such Certificates;

(2) Issue a written notice to an applicant stating intent to deny an application for a Certificate (Performance) and/or (Casualty), indicating the reason therefor, and advising applicant of the time for requesting a hearing as provided for under § 540.26(c) of this chapter; deny any application where the applicant has not submitted a timely request for a hearing; and rescind such notices and grant extensions of the time within which a request for hearing may be filed;

(3) Issue a written notice to a certificant stating that the Commission intends to revoke, suspend, or modify a Certificate (Performance) and/or (Casualty), indicating the reason therefor, and advising of the time for requesting a hearing as provided for under § 540.26(c) of this chapter; revoke, suspend or modify a Certificate (Performance) and/or (Casualty) where the certificant has not submitted a timely request for hearing; and rescind such notices and grant extensions of time within which a request for hearing may be filed;

(4) Revoke a Certificate (Performance) and/or (Casualty) which has expired, and/or upon request of, or acquiescence by, the certificant; and

(5) Notify a certificant when a Certificate (Performance) and/or (Casualty) has become null and void in accordance with §§ 540.8(a) and 540.26(a) of this chapter.

(c) Authority to approve amendments to escrow agreements filed under § 540.5(b) of this Chapter when such amendments are for the purpose of changing names of principals, changing the vessels covered by the escrow agreement, changing the escrow agent, and changing the amount of funds held in escrow, provided that the changes in amount of funds result in an amount of coverage that complies with the requirements in the introductory text of § 540.5 of this Chapter.

(d) Authority to the Director, Bureau of Certification and Licensing to grant requests to substitute alternative financial responsibility pursuant to § 540.9(l) of this chapter based upon existing protection available to purchases of passenger vessel transportation by credit card by an amount up to fifty (50) percent of the passenger vessel operator's highest two-year unearned passenger revenues.

[ 70 FR 7659, Feb. 15, 2005, as amended at 70 FR 44866, Aug. 4, 2005; 78 FR 13277, Feb. 27, 2013]

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
U.S. Code: Title 31 - MONEY AND FINANCE
U.S. Code: Title 41 - PUBLIC CONTRACTS
U.S. Code: Title 46 - SHIPPING

§ 301 - General organization

§ 302 - Quorum

§ 303 - Record of meetings and votes

§ 304 - Delegation of authority

§ 305 - Regulations

§ 306 - Annual report

§ 307 - Expenditures

§ 40101 - Purposes

§ 40102 - Definitions

§ 40103 - Administrative exemptions

§ 40104 - Reports filed with the Commission

§ 40301 - Application

§ 40302 - Filing requirements

§ 40303 - Content requirements

§ 40304 - Commission action

§ 40305 - Assessment agreements

§ 40306 - Nondisclosure of information

§ 40307 - Exemption from antitrust laws

§ 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

§ 40901 - License requirement

§ 40902 - Financial responsibility

§ 40903 - Suspension or revocation of license

§ 40904 - Compensation by common carriers

§ 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

§ 41301 - Complaints

§ 41302 - Investigations

§ 41303 - Discovery and subpoenas

§ 41304 - Hearings and orders

§ 41305 - Award of reparations

§ 41306 - Injunctive relief sought by complainants

§ 41307 - Injunctive relief sought by the Commission

§ 41308 - Enforcement of subpoenas and orders

§ 41309 - Enforcement of reparation orders

§ 42101 - Regulations of the Commission

§ 42102 - Regulations of other agencies

§ 42103 - No preference to Government-owned vessels

§ 42104 - Information, witnesses, and evidence

§ 42105 - Disclosure to public

§ 42106 - Other actions to remedy unfavorable conditions

§ 42107 - Refusal of clearance and entry

§ 42108 - Penalty for operating under suspended tariff or service contract

§ 42109 - Consultation with other agencies

§ 44101 - Application

§ 44102 - Financial responsibility to indemnify passengers for nonperformance of transportation

§ 44103 - Financial responsibility to pay liability for death or injury

§ 44104 - Civil penalty

§ 44105 - Refusal of clearance

§ 44106 - Conduct of proceedings

Statutes at Large
Presidential Documents

Reorganization ... 1961 Plan No. 7

Title 46 published on 09-May-2017 04:27

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 46 CFR Part 501 after this date.

  • 2016-08-15; vol. 81 # 157 - Monday, August 15, 2016
    1. 81 FR 53986 - Ocean Common Carrier and Marine Terminal Operator Agreements Subject to the Shipping Act of 1984
      GPO FDSys XML | Text
      Notice of proposed rulemaking.
      Submit comments on or before: October 17, 2016. In compliance with the Paperwork Reduction Act, the Commission is also seeking comment on revisions to an information collection. See the Paperwork Reduction Act section under Regulatory Analyses and Notices below. Please submit all comments relating to the revised information collection to the Commission and to the Office of Management and Budget (OMB) at the address listed in the ADDRESSES section on or before October 17, 2016. Comments to OMB are most useful if submitted within 30 days of publication.
      46 CFR Parts 501 and 535