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endobj (e) A tariff shall not be published and NVOCC service shall not commence until the Commission receives valid proof of financial responsibility from the registrant and a Form FMC-1 has been submitted. 10. What is the definition of a qualified individual? Foreign-based Unlicensed NVOCC Registration/Renewal Form FMC-65 and financial responsibility Forms FMC-48, FMC-67, FMC-68, FMC-69 may be obtained from the Commission's website at www.fmc.gov, from the Director, Bureau of Certification and Licensing, Federal Maritime Commission, Washington, DC 20573, or from any of the Commission's Area Representatives. Form FMC-65 must be filed by a non-U.S.-based-registered NVOCC if any information reported on the original Form FMC-65 has changed. Regulation Y citations and headings If replacing a qualifying individual, list the name of the individual A license number should be provided only by those persons who are already Within the same 30-day period, the licensee shall furnish to the Commission the name(s) and detailed intermediary experience of any other active partner(s), member(s), manager(s) or officer(s) who may qualify the licensee. No person may advertise or hold out to act as an OTI unless that person holds a valid OTI license or is registered under this part. Corporations must list the name and title of each individual is submitting for consideration. (v) Transportation-related activities which are covered by the financial responsibility obtained pursuant to this part include, to the extent involved in the foreign commerce of the United States, any activity performed by an ocean transportation intermediary that is necessary or customary in the provision of transportation services to a customer, but are not limited to the following: (1) For an ocean transportation intermediary operating as an ocean freight forwarder, the freight forwarding services enumerated in paragraph (h) of this section, and. (f) Compensation means payment by a common carrier to a freight forwarder for the performance of services as specified in 515.2(h). 2. A registration shall become automatically ineffective for a failure of a registered NVOCC to maintain proof of financial responsibility on file with the Commission. %PDF-1.6 % (s) Shipment means all of the cargo carried under the terms of a single bill of lading. If applicant is currently licensed as an ocean freight This part also prescribes the financial responsibility requirements and the duties and responsibilities of ocean transportation intermediaries, and regulations concerning practices of ocean transportation intermediaries with respect to common carriers. If the transferor will The eCFR is displayed with paragraphs split and indented to follow 40101-41309, and, if necessary, has a valid tariff published pursuant to 46 CFR part 515 and 520, and pursuant to section 19 of the Shipping Act (46 U.S.C. If the response to any question is yes, please attach an Note: If you are a noncustodial parent, the term "qualifying child" for head of household Each applicant shall be investigated in accordance with 515.13. This Insurance Form has been filed with the Federal Maritime Commission. Choosing an item from (a) Except as otherwise provided in this part, no person in the United States may advertise, hold oneself out, or act as an ocean transportation intermediary unless that person holds a valid license issued by the Commission. The qualifying individuals experience must have been gained in the United States. 4 0 obj An additional condition of this Bond is that $ ______________(payable in U.S. Whereas ____ (Name of Applicant [indicate whether NVOCC or Freight Forwarder]) (hereinafter Applicant) is or may become an Ocean Transportation Intermediary (OTI) subject to the Shipping Act of 1984 (46 U.S.C. This bond is effective the ____, day of ____,____ and shall continue in effect until discharged or terminated as herein provided. A group or association of ocean transportation intermediaries may also file an optional bond rider as provided in 515.25(b). Failure business in the United States in order to be approved. This is to certify, that the (Name of Insurance Company), (hereinafter Insurer) of (Home Office Address of Company) has issued to (OTI or Group or Association of OTIs [indicate whether NVOCC(s) or Freight Forwarder(s)]) (hereinafter Insured) of (Address of OTI or Group or Association of OTIs) a policy or policies of insurance for purposes of complying with the provisions of Section 19 of the Shipping Act of 1984 (46 U.S.C. QI-1 eligible beneficiaries receive help with part of their Medicare expenses through state Medicaid programs. *Persons failing to indicate accurate residency status will be automatically charged the non-resident rate. A joint licensee. The Qualified Individuals (QI) program is a Medicare Savings Program (MSP) that pays for an enrollee's Medicare Part B premiums. (b) A common carrier can obtain proof of an NVOCC or OFF's compliance with the OTI licensing, registration, tariff and financial responsibility requirements by: (1) Consulting the Commission's website www.fmc.gov as provided in paragraph (d) of this section, to verify that the NVOCC or OFF has complied with the applicable licensing, registration, tariff, and financial responsibility requirements; or. endobj contained in the Form FMC-18 must be reported to the Commission within 30 days When the licensee's or registrant's name appears on shipping documents, its Commission license or registration number shall also be included. Cargo Modules LLC (NVO & OFF) 2510 West 237th Street, Suite 106 Torrance, CA 90505 Officers: Reto D. Kaufmann, Director of LAX, FMC License QI (QI) Maurin M. Semsch, Member Application Type: QI Change. 40901-40904), and the rules and regulations of the Federal Maritime Commission relating to evidence of financial responsibility for OTIs, this Insurance shall be available to pay any judgment obtained or any settlement made pursuant to a claim under 46 CFR 515.23 for damages against the Insured arising from the Insured's transportation-related activities under the Shipping Act, or order for reparations issued pursuant to section 11 of the Shipping Act (46 U.S.C. License Application Form FMC-18 is found at the Commission's website www.fmc.gov for completion on-line by applicants and licensees. 41107-41109). ____ to the United States of America and filed with the Federal Maritime Commission pursuant to section 19 of the Shipping Act of 1984 is modified as follows: 1. (2) Hearing procedure. A separate drafting site A person must be given the opportunity to choose which benefit they prefer . The qualifying individual's experience must have been gained in the United States. If Officer: Matthew A. Keces, Sole Proprietor, (Qualifying Individual). Guarantor agrees to appoint an agent for service of process in the United States. Create your signature and click Ok. Press Done. license, state the name of the existing company whose license is being Choose My Signature. and continue entering the information. switch to drafting.ecfr.gov. For more information about registering with the FMC as a mediator please see . Completed application Form FMC-18 and $250.00 fee. instance where the application has been processed in whole or part. (2) Where information identified in an OTI's license renewal process is changed from that set out in its current Form FMC-18 and requires Commission approval pursuant to 515.20, the licensee must promptly submit a request for such approval on Form FMC-18 together with the required filing fee. name must be submitted with an initial application or where the application (u) Special contract is a contract for ocean freight forwarding services which provides for a periodic lump sum fee. All hearing requests under 515.15 and 515.16 shall be submitted to the Commission's Secretary. Such termination shall become effective thirty (30) days after receipt of said notice and proof of transmission by the Federal Maritime Commission. (g) Termination or suspension of registration -. (d) Federal military and civilian household goods. 515.2(i), application for a license as an ocean transportation intermediary has been (c) Guaranty, by filing with the Commission evidence of guaranty on Form FMC-68. Organization and Purpose A current running account of all receipts and disbursements, accounts receivable and payable, and daily cash balances, supported by appropriate books of account, bank deposit slips, canceled checks, and monthly reconciliation of bank statements. 40901-40904) and this part. (c) Has made any materially false or misleading statement to the Commission in connection with its application; then, a notice of intent to deny the application shall be sent to the applicant stating the reason(s) why the Commission intends to deny the application. Maria A. Garcia, Secretary. This content is from the eCFR and is authoritative but unofficial. indicate old name or transferor. of Incorporation and minutes of a meeting appointing officers (or other (See 46 C.F.R. ZI])(. It is highly A Fictitious Name Statement). (d) In-plant arrangements. The certification shall read as follows: The undersigned hereby certifies that neither it nor any holding company, subsidiary, affiliate, officer, director, agent or executive of the undersigned has a beneficial interest in this shipment; that it is the holder of valid FMC License No. Application Type: New OFF & NVO License. Sole proprietorships must show 1 0 obj of more than one trade name, documentation is needed stating which name will be Documentation This document is available in the following developer friendly formats: Information and documentation can be found in our discretion, undertake a supplementary investigation to determine the continued 2. Question 16 is an officer, director, partner, member, owner, stockholder, Subpart C - Financial Responsibility Requirements; Claims Against Ocean Transportation Intermediaries. 6. Everest Transportation Systems, LLC . (2) Any other appropriate procedure, provided that such procedure is set forth in the carrier's tariff. 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(b). A qualifying individual must have at least three years of demonstrable OTI experience and, depending on the applicants business structure, be an officer of the applicants corporation, the sole proprietor of a sole proprietorship, the manager or member in (respectively) a manager-managed or member-managed LLC, or a partner in a partnership. Jun. persons to verify the information set forth on the Form FMC-18. [64 FR 11171, Mar. Persons who have had a registration rejected may submit a new registration at any time. 41104(a)(11), unless the common carrier knew that such NVOCC or OFF was not in compliance with the applicable tariff or financial responsibility requirements. Proof of firm's name, original and English translation. 5 Helpful. c. This Rider is effective the ____ day of ____, 20____, and shall continue in effect until discharged, terminated as herein provided, or upon termination of the Bond in accordance with the sixth paragraph of the Bond. Check the boxes that apply. In the event of additions to Appendix A, coverage will be effective upon receipt of such notice, in writing, by the Commission at its office in Washington, DC. Neither the Principal nor the Surety shall be liable for any transportation-related activities of the OTI(s) deleted from Appendix A that occur after the expiration of the 30-day period, but such termination shall not affect the liability of the Principal and Surety for any transportation-related activities of said OTI(s) occurring prior to the date when said termination becomes effective. FAR). Medicare provides four savings programs with different income and resource limits. A common carrier or agent thereof which meets the requirements of this part may be licensed as an ocean freight forwarder to dispatch shipments moving on other than such carrier's own bills of lading subject to the provisions of 515.42(g). Your individual or joint income and resources must meet a certain criteria to qualify. if this is an application for a license transfer, this question must be Any NVOCC as defined in 515.2(m)(2), in addition to a bond meeting the requirements of 515.21(a)(2) or (3), may obtain and file with the Commission proof of an optional bond rider, as provided in Appendix E or Appendix F of this part. 6. The Guarantor must certify that it has sufficient and acceptable assets located in the United States to cover all damages arising from the transportation-related activities of the covered ocean transportation intermediary as specified under the Act. Submission of Form FMC-1 as Prerequisite for License: The FMC proposes adjusting the language of . documentation that will verify that fact, e.g. LII Electronic Code of Federal Regulations (e-CFR) Title 46 - Shipping CHAPTER IV - FEDERAL MARITIME COMMISSION SUBCHAPTER B - REGULATIONS AFFECTING OCEAN SHIPPING IN FOREIGN COMMERCE PART 515 - LICENSING, REGISTRATION, FINANCIAL RESPONSIBILITY REQUIREMENTS AND GENERAL DUTIES FOR OCEAN TRANSPORTATION INTERMEDIARIES stream (Qualifying Individuals for NVOCCs not in the US may submit proof of The complete 40901-40904), and the rules and regulations of the Federal Maritime Commission relating to evidence of financial responsibility for OTIs (46 CFR part 515), this guaranty shall be available to pay any judgment obtained or any settlement made pursuant to a claim under 46 CFR 515.23 for damages against the Applicant arising from the Applicant's transportation-related activities under the Shipping Act, or order for reparations issued pursuant to section 11 of the Shipping Act (46 U.S.C. You can write to the Secretary, Federal Maritime Commission, 800 North Capitol Street NW., Washington, DC 20573-0001 or email: [email protected]. Such registered NVOCC shall be strictly responsible for the acts and omissions of its employees and agents, wherever they are located. For LLPs and LLCs, an Amended Partner Membership user convenience only and is not intended to alter agency intent [64 FR 11171, Mar. A person cannot be certified for any other Medicaid-funded program and the QI program at the same time. 41107-41109); and, (ii) Be for an amount up to the amount determined in accordance with 515.21(b), taking into account a member's individual financial responsibility coverage already in place. an ocean transportation intermediary license. Each applicant shall promptly advise the Commission of any material changes in the facts submitted in the application. He or she need not be a shareholder of the company, but must be an officer and a full-time employee. (e) Foreign-based licensed NVOCC. The underwriting Surety will promptly notify the Director, Bureau of Certification and Licensing, Federal Maritime Commission, Washington, DC 20573, in writing by mail or email ([email protected]), of all claims made, lawsuits filed, judgments rendered, and payments made against this bond. 40501 and part 520 of this chapter, and a bond, insurance, or other surety as required by 46 U.S.C. (i) From the United States means oceanborne export commerce from the United States, its territories, or possessions, to foreign countries. You should familiarize This evidence of financial responsibility shall be accompanied by: in the case of a financial rating, the Insurer's financial rating on the rating organization's letterhead or designated form; in the case of insurance provided by Underwriters at Lloyd's, documentation verifying membership in Lloyd's; and in the case of insurance provided by surplus lines insurers, documentation verifying inclusion on a current white list issued by the Non-Admitted Insurers' Information Office of the National Association of Insurance Commissioners. A licensed freight forwarder may own, operate, or otherwise maintain or supervise an electronic data interchange-based computer system in its forwarding business; however, the forwarder must directly perform value-added services as described in paragraph (c) of this section in order to be entitled to carrier compensation. Order Here Open Lap Swim / Conditioning Membership: $60.00 Monthly Unlike corporations, LLCs are not required by state law to track meeting minutes upon convening. p;^z^r':;@{GKC 0e`} ^8 T@T!n9Sp Y "0429D -3,~iF i 20* uT Upon receipt of notice of termination of such financial responsibility, the Commission shall notify the concerned licensee, registrant, or registrant's legal agent in the United States, by email, mail, courier, or other method reasonably calculated to provide actual notice, at its last known email address or address, that the Commission shall, without hearing or other proceeding, revoke the license or terminate the registration as of the termination date of the financial responsibility instrument, unless the licensee or registrant shall have submitted valid replacement proof of financial responsibility before such termination date. The effectiveness of such a registration may otherwise be terminated or suspended, after notice and the opportunity for a hearing, for any of the following reasons: (i) Violation of any provision of the Act, or any other statute or Commission order or regulation related to carrying on the business of an ocean transportation intermediary; (ii) Failure to respond to any lawful order or inquiry by the Commission or an authorized Commission representative; (iii) Making a materially false or misleading statement to the Commission in connection with a registration or renewal thereof; (iv) Failure to honor financial obligations to the Commission; (v) Failure to timely renew a registration; (vi) Failure to maintain a Form FMC-1 or a tariff in compliance with 46 CFR part 520; (vii) Knowingly and willfully accepting cargo from or transporting cargo for the account of: (A) an NVOCC that does not have a published tariff as required by 46 U.S.C. 10/2007) II . officer, director, or stockholder and the percentage of ownership. of Page 10 pertaining to the distribution or possession of a controlled (b) Filing of license application forms. gained in the ocean transportation intermediary business in U.S. foreign This benefit was federally funded and set to expire at the end of 2010, but President Obama signed a . The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. Join Our Team (c) Information provided to the principal. (2) In addition to information provided by the applicant and its references, the Commission may consider all information relevant to determining whether an applicant has the necessary character to render ocean transportation intermediary services, including but not limited to, information regarding: Violations of any shipping laws, or statutes relating to the import, export, or transport of merchandise in international trade; operating as an OTI without a license or registration; state and federal felonies and misdemeanors; voluntary and non-voluntary bankruptcies not discharged; outstanding tax liens and other court and administrative judgments and proceedings; compliance with immigration status requirements described in 49 CFR 1572.105; denial, revocation, or suspension of a Transportation Worker Identification Credential under 49 CFR 1572; and the denial, revocation, or suspension of a customs broker's license under 19 CFR subpart B, section 111. (d) Invoices; documents available upon request. OMB control number assigned pursuant to the Paperwork Reduction Act. [80 FR 68733, Nov. 5, 2015, as amended at 84 FR 62467, Nov. 15, 2019]. There are four different types of Medicare Savings Programs, this page focuses on the Qualifying Individual (QI-1) Program. Replacement financial responsibility must bear an effective date no later than the termination date of the expiring financial responsibility instrument. For the purposes of this part, the term: (1) Ocean freight forwarder (OFF) means a person that -, (i) In the United States, dispatches shipments from the United States via a common carrier and books or otherwise arranges space for those shipments on behalf of shippers; and, (ii) Processes the documentation or performs related activities incident to those shipments; and. The common carrier shall retain such certifications for a period of five (5) years. If you are transferring a 41107-41109). acceptable include experience gained overseas (import) as an ocean freight The Qualifying Individuals (QIs) program is an extension of QMB. The bond, insurance, or other surety may be available to pay such claim if: (i) The ocean transportation intermediary consents to payment, subject to review by the financial responsibility provider; or. This web site is designed for the current versions of The estimated average time is: Recordkeeping, 20 minutes; Learning about the form, 20 minutes; Preparing and sending the form to the FMC, 20 minutes. Please list any organization (a) Forms. If you need additional space, enter the information on 8, 1999, as amended at 78 FR 42888, July 18, 2013], (a) Filing of proof of financial responsibility -. Should you You may If more than one insurer joins in executing this document, that action constitutes joint and several liability on the part of the insurers. (2) Utilizes, for all or part of that transportation, a vessel operating on the high seas or the Great Lakes between a port in the United States and a port in a foreign country, except that the term does not include a common carrier engaged in ocean transportation by ferry boat, ocean tramp, chemical parcel tanker, or by a vessel when primarily engaged in the carriage of perishable agricultural commodities: (i) If the common carrier and the owner of those commodities are wholly-owned, directly or indirectly, by a person primarily engaged in the marketing and distribution of those commodities, and. d. This Rider is effective the ____ day of ____, 20____, and shall continue in effect until discharged, terminated as herein provided, or upon termination of the Bond in accordance with the sixth paragraph of the Bond. 2 0 obj Exception: A licensed freight forwarder may perform freight forwarding services for recognized relief agencies or charitable organizations, which are designated as such in the tariff of the common carrier, free of charge or at reduced fees. The Principal or the Surety may at any time terminate this Rider by mail or email ([email protected]) written notice to the Director, Bureau of Certification and Licensing, Federal Maritime Commission, Washington, DC 20573, accompanied by proof of transmission of notice to MOC. 40901-40904), files with the Commission this Insurance Form as evidence of its financial responsibility and evidence of a financial rating for the Insurer of Class V or higher under the Financial Size Categories of A.M. Best & Company or equivalent from an acceptable international rating organization on such organization's letterhead or designated form, or, in the case of insurance provided by Underwriters at Lloyd's, documentation verifying membership in Lloyd's, or, in the case of surplus lines insurers, documentation verifying inclusion on a current white list issued by the Non-Admitted Insurers' Information Office of the National Association of Insurance Commissioners. (c) Notices of court and other claims against OTIs by financial responsibility providers. If the applicant is an (p) Qualifying individual (QI) means an individual who meets the experience and character requirements of section 19 of the Shipping Act (46 U.S.C. 16. legal name of the applicant must be shown in this section. Incomplete applications will be returned without processing. When assessing an application to be an RFMC, LFMC or VCFM, MAS takes into account factors such as: Fitness and propriety of the applicant, its shareholders and directors. Licensing, Registration and/or Proof of Financial Responsibility, Competition and Integrity for Americas Ocean Supply Chain, Apply for or make changes to a License or Request a Foreign Registration, Ocean Shipping Reform Act of 2022 (OSRA) Implementation, Foreign NVOCC Registration Status Changes, Consumer Affairs & Dispute Resolution Services, Historical Federal Maritime Commission Reports, Vessel-Operating Common Carrier (VOCC) Audit Program.