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Subchapter B—Regulations Affecting Ocean Shipping in Foreign Commerce

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Subchapter B—Regulations Affecting Ocean Shipping in Foreign Commerce SUBCHAPTER B—REGULATIONS AFFECTING OCEAN SHIPPING IN FOREIGN COMMERCE PART 515—LICENSING, FINANCIAL APPENDIX F TO SUBPART C OF PART 515—OP- TIONAL RIDER FOR ADDITIONAL NVOCC FI- RESPONSIBILITY REQUIREMENTS, NANCIAL RESPONSIBILITY FOR GROUP AND GENERAL DUTIES FOR BONDS(OPTIONAL RIDER TO FORM FMC–69] OCEAN TRANSPORTATION INTER- MEDIARIES Subpart D—Duties and Responsibilities of Ocean Transportation Intermediaries; Subpart A—General Reports to Commission Sec. 515.31 General duties. 515.1 Scope. 515.32 Freight forwarder duties. 515.2 Definitions. 515.33 Records required to be kept. 515.3 License; when required. 515.34 Regulated Persons Index. 515.4 License; when not required. 515.5 Forms and fees. Subpart E—Freight Forwarding Fees and Compensation Subpart B—Eligibility and Procedure for Licensing 515.41 Forwarder and principal; fees. 515.42 Forwarder and carrier; compensation. 515.11 Basic requirements for licensing; eli- 515.91 OMB control number assigned pursu- gibility. ant to the Paperwork Reduction Act. 515.12 Application for license. AUTHORITY: 5 U.S.C. 553; 31 U.S.C. 9701; 46 515.13 Investigation of applicants. U.S.C. 305, 40102, 40104, 40501–40503, 40901– 515.14 Issuance and use of license. 40904, 41101–41109, 41301–41302, 41305–41307; 515.15 Denial of license. Pub. L. 105–383, 112 Stat. 3411; 21 U.S.C. 862. 515.16 Revocation or suspension of license. 515.17 Application after revocation or de- SOURCE: 64 FR 11171, Mar. 8, 1999, unless nial. otherwise noted. 515.18 Changes in organization. EDITORIAL NOTE: Nomenclature changes to part 515 appear at 67 FR 39860, June 11, 2002, Subpart C—Financial Responsibility Re- and 70 FR 7669, Feb. 15, 2005. quirements; Claims Against Ocean Transportation Intermediaries Subpart A—General 515.21 Financial responsibility require- ments. § 515.1 Scope. 515.22 Proof of financial responsibility. (a) This part sets forth regulations 515.23 Claims against an ocean transpor- tation intermediary. providing for the licensing as ocean 515.24 Agent for service of process. transportation intermediaries of per- 515.25 Filing of proof of financial responsi- sons who wish to carry on the business bility. of providing intermediary services, in- 515.26 Termination of financial responsi- cluding the grounds and procedures for bility. revocation and suspension of licenses. 515.27 Proof of compliance. This part also prescribes the financial APPENDIX A TO SUBPART C—OCEAN TRANS- responsibility requirements and the du- PORTATION INTERMEDIARY (OTI) BOND ties and responsibilities of ocean trans- FORM [FORM-48] portation intermediaries, and regula- APPENDIX B TO SUBPART C—OCEAN TRANS- PORTATION INTERMEDIARY (OTI) INSUR- tions concerning practices of ocean ANCE FORM [FORM-67] transportation intermediaries with re- APPENDIX C TO SUBPART C—OCEAN TRANS- spect to common carriers. PORTATION INTERMEDIARY (OTI) GUAR- (b) Information obtained under this ANTY FORM [FORM-68] part is used to determine the qualifica- APPENDIX D TO SUBPART C—OCEAN TRANS- tions of ocean transportation inter- PORTATION INTERMEDIARY (OTI) GROUP mediaries and their compliance with BOND FORM [FMC–69] APPENDIX E TO SUBPART C OF PART 515—OP- shipping statutes and regulations. Fail- TIONAL RIDER FOR ADDITIONAL NVOCC FI- ure to follow the provisions of this part NANCIAL RESPONSIBILITY (OPTIONAL RIDER may result in denial, revocation or sus- TO FORM FMC–48] [FORM 48A] pension of an ocean transportation 138 VerDate Mar<15>2010 08:04 Nov 03, 2010 Jkt 220199 PO 00000 Frm 00148 Fmt 8010 Sfmt 8010 Y:\SGML\220199.XXX 220199 erowe on DSK5CLS3C1PROD with CFR Federal Maritime Commission § 515.2 intermediary license. Persons oper- States and a foreign country for com- ating without the proper license may pensation that: be subject to civil penalties not to ex- (1) Assumes responsibility for the ceed $5,500 for each such violation un- transportation from the port or point less the violation is willfully and of receipt to the port or point of des- knowingly committed, in which case tination, and the amount of the civil penalty may (2) Utilizes, for all or part of that not exceed $27,500 for each violation; transportation, a vessel operating on for other violations of the provisions of the high seas or the Great Lakes be- this part, the civil penalties range from tween a port in the United States and $5,500 to $27,500 for each violation (46 a port in a foreign country, except that U.S.C. 41107–41109). Each day of a con- the term does not include a common tinuing violation shall constitute a carrier engaged in ocean transpor- separate violation. tation by ferry boat, ocean tramp, chemical parcel tanker, or by a vessel [64 FR 11171, Mar. 8, 1999, as amended at 74 FR 50719, Oct. 1, 2009] when primarily engaged in the carriage of perishable agricultural commodities. § 515.2 Definitions. (i) if the common carrier and the owner of those commodities are whol- The terms used in this part are de- ly-owned, directly or indirectly, by a fined as follows: person primarily engaged in the mar- (a) Act means the Shipping Act of keting and distribution of those com- 1984, as amended by the Ocean Shipping modities, and Reform Act of 1998 and the Coast Guard (ii) only with respect to those com- Authorization Act of 1998. modities. (b) Beneficial interest includes a lien (g) Compensation means payment by a or interest in or right to use, enjoy, common carrier to a freight forwarder profit, benefit, or receive any advan- for the performance of services as spec- tage, either proprietary or financial, ified in § 515.42(c). from the whole or any part of a ship- (h) Freight forwarding fee means ment of cargo where such interest charges billed by a freight forwarder to arises from the financing of the ship- a shipper, consignee, seller, purchaser, ment or by operation of law, or by or any agent thereof, for the perform- agreement, express or implied. The ance of freight forwarding services. term ‘‘beneficial interest’’ shall not in- (i) Freight forwarding services refers to clude any obligation in favor of an the dispatching of shipments on behalf ocean transportation intermediary of others, in order to facilitate ship- arising solely by reason of the advance ment by a common carrier, which may of out-of-pocket expenses incurred in include, but are not limited to, the fol- dispatching a shipment. lowing: (c) Branch office means any office in (1) Ordering cargo to port; the United States established by or (2) Preparing and/or processing ex- maintained by or under the control of port declarations; a licensee for the purpose of rendering (3) Booking, arranging for or con- intermediary services, which office is firming cargo space; located at an address different from (4) Preparing or processing delivery that of the licensee’s designated home orders or dock receipts; office. (5) Preparing and/or processing ocean (d) Brokerage refers to payment by a bills of lading; common carrier to an ocean freight (6) Preparing or processing consular broker for the performance of services documents or arranging for their cer- as specified in paragraph (n) of this sec- tification; tion. (7) Arranging for warehouse storage; (e) Commission means the Federal (8) Arranging for cargo insurance; Maritime Commission. (9) Clearing shipments in accordance (f) Common carrier means any person with United States Government export holding itself out to the general public regulations; to provide transportation by water of (10) Preparing and/or sending advance passengers or cargo between the United notifications of shipments or other 139 VerDate Mar<15>2010 08:04 Nov 03, 2010 Jkt 220199 PO 00000 Frm 00149 Fmt 8010 Sfmt 8010 Y:\SGML\220199.XXX 220199 erowe on DSK5CLS3C1PROD with CFR § 515.2 46 CFR Ch. IV (10–1–10 Edition) documents to banks, shippers, or con- cargo for such carrier and/or to sell or signees, as required; offer for sale ocean transportation (11) Handling freight or other monies services and which holds itself out to advanced by shippers, or remitting or the public as one who negotiates be- advancing freight or other monies or tween shipper or consignee and carrier credit in connection with the dis- for the purchase, sale, conditions and patching of shipments; terms of transportation. (12) Coordinating the movement of (o) Ocean transportation intermediary shipments from origin to vessel; and means an ocean freight forwarder or a (13) Giving expert advice to exporters non-vessel-operating common carrier. concerning letters of credit, other doc- For the purposes of this part, the term uments, licenses or inspections, or on (1) Ocean freight forwarder means a problems germane to the cargoes’ dis- person that— patch. (i) in the United States, dispatches (j) From the United States means shipments from the United States via a oceanborne export commerce from the common carrier and books or otherwise United States, its territories, or pos- arranges space for those shipments on sessions, to foreign countries. behalf of shippers; and (k) Licensee is any person licensed by (ii) processes the documentation or the Federal Maritime Commission as performs related activities incident to an ocean transportation intermediary. those shipments; and (l) Non-vessel-operating common carrier (2) Non-vessel-operating common carrier services refers to the provision of trans- (‘‘NVOCC’’) means a common carrier portation by water of cargo between that does not operate the vessels by the United States and a foreign coun- which the ocean transportation is pro- try for compensation without oper- vided, and is a shipper in its relation- ating the vessels by which the trans- ship with an ocean common carrier. portation is provided, and may include, (p) Person includes individuals, cor- but are not limited to, the following: porations, partnerships and associa- (1) Purchasing transportation serv- tions existing under or authorized by ices from a VOCC and offering such the laws of the United States or of a services for resale to other persons; foreign country.
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