Licensing, Registration, Financial Responsibility Requirements, and General Duties for Ocean Transportation Intermediaries
| Published date | 15 November 2019 |
| Citation | 84 FR 62464 |
| Record Number | 2019-24472 |
| Section | Rules and Regulations |
| Court | Federal Maritime Commission |
Federal Register, Volume 84 Issue 221 (Friday, November 15, 2019)
[Federal Register Volume 84, Number 221 (Friday, November 15, 2019)]
[Rules and Regulations]
[Pages 62464-62468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24472]
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FEDERAL MARITIME COMMISSION
46 CFR Part 515
[Docket No. 18-11]
RIN 3072-AC73
Licensing, Registration, Financial Responsibility Requirements,
and General Duties for Ocean Transportation Intermediaries
AGENCY: Federal Maritime Commission.
ACTION: Final rule.
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SUMMARY: The Federal Maritime Commission (Commission) amends its rules
governing licensing, registration, financial responsibility
requirements, and general duties for ocean transportation
intermediaries (OTIs). The changes are mainly administrative and
procedural.
DATES: The rule is effective December 16, 2019.
FOR FURTHER INFORMATION CONTACT: Sandra L. Kusumoto, Director, Bureau
of Certification and Licensing. Address: 800 North Capitol Street, NW,
Washington, DC 20573-0001. Phone: (202) 523-5787. Email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
By Notice of Proposed Rulemaking (NPRM) published in the Federal
Register on December 17, 2018, 83 FR 64502, the Commission proposed
changes to 46 CFR part 515, which governs licensing, registration,
financial responsibility requirements, and general duties for OTIs. The
changes are necessary because while implementing the extensive
revisions to part 515 made in a November 5, 2015 final rule (80 FR
68722), the Commission has identified a number of regulatory provisions
where clarification is warranted.
The Commission invited comments on the NPRM, and later extended the
comment period from January 12, 2019 to February 22, 2019, 84 FR 2125
(February 6, 2019). The Commission received three comments. After
consideration of the comments and for the reasons stated below, the
Commission is adopting all but one of the proposed amendments to part
515 without change. The exception is the proposed change to Sec.
515.3, which the Commission is deferring while it considers whether
this section of its rules will require further revision in light of the
recent statutory changes made by the Frank LoBiondo Coast Guard
Authorization Act of 2018, Public Law 115-282 (LoBiondo Act).
II. Summary of NPRM
The Commission's proposed changes to its current rules were
administrative or procedural in nature or would further reduce the
regulatory burden on regulated entities. These proposed changes
included: (1) Updating the title and scope of part 515 to include
foreign-based non-vessel-operating common carrier (NVOCC)
registrations; (2) clarifying the requirements for U.S. agents of
foreign-based registered NVOCCs; (3) removing the optional paper
application process and related reference to fee amounts; (4) adding
language to clarify who can be the Qualifying Individual (QI) in
partnerships between entities other than individuals; (5) updating and
improving processes (renewal, bond, and termination); (6) adding
clarifying language regarding the Commission's direct review of
applications in certain cases; (7) clarifying the information that
sureties are to provide regarding claims against OTIs; (8) adding a
requirement that NVOCCs submit their Form FMC-1 prior to being issued a
license; and (9) deleting the reference to the availability of the
Regulated Person's Index. None of the proposed changes would increase
the burden to applicants, licensees, or foreign-based registered
NVOCCs.
III. Summary of Comments
Roanoke Insurance Group Inc. (Roanoke), a provider of surety bonds
to OTIs, stated that it endorses and supports the minor administrative
modifications the Commission is proposing to part 515. Specifically,
Roanoke stated that it believes ``the closer integration between the
Tariff and Licensing units during the licensing process, specifically
adopting a rule that the [Commission] will not issue the license until
the financial responsibility and tariff are in place, is beneficial to
the industry.'' Roanoke also had no objection to the proposed
clarifications relating to information provided by financial
responsibility providers on claims against OTIs.
Distribution-Publications, Inc. (DPI), a tariff publisher, stated
in its comments that it agrees ``none of the proposed changes will
increase the burden on applicants, licensees or registered foreign-
based NVOCCs.'' DPI supports the requirement for NVOCCs to submit the
tariff registration form (Form FMC-1) prior to being issued a license
and agrees with the Commission that the rule will not add any
additional burden to NVOCCs because ``this will merely be a change to
the timing of the [tariff publication] requirement.''
The National Customs Brokers and Forwarders Association of America,
Inc. (NCBFAA) is a national trade association representing the
interests of freight forwarders, NVOCCs, and customs brokers in the
ocean shipping industry. The NCBFAA stated that ``the majority of the
proposed changes are mainly administrative or procedural and do not
raise substantive issues or impose new regulatory obligations on
licensees.'' The NCBFAA, however, raised a concern with the proposed
changes to Sec. 515.14, namely ``that the duration of an OTI license
would be for a period of one to four years, as contrasted with the
current three-year initial license period.'' The NCBFAA asserted that
``[a] change of that nature would be both administratively burdensome
to the Commission and unnecessarily burdensome to licensees.'' We
address this concern below.
IV. Changes to Part 515
Accordingly, the Commission adopts the changes in the proposed rule
as follows:
A. Part 515 Title and Scope
The final rule adds ``Registration'' to the part heading to reflect
that foreign-based NVOCCs have the option of registering or becoming
licensed. The rule also includes registration in the description of the
scope of part 515 in Sec. 515.1.
B. U.S. Agents for Registered NVOCCs
The NPRM proposed amending Sec. 515.3 to clarify that licensed OTI
agents for foreign-based NVOCCs can be either ocean freight forwarders
(OFFs) or NVOCCs. In light of the changes
[[Page 62465]]
made by the LoBiondo Act to the licensing requirements in 46 U.S.C.
40901, the Commission is deferring making any changes to Sec. 515.3
while it determines whether the LoBiondo Act requires more substantive
revisions to the section. See NPRM: Regulatory Amendments Implementing
the Frank LoBiondo Coast Guard Authorization Act of 2018, 84 FR 54087
(Oct. 9, 2019).
C. Forms and Application Fees
The final rule removes references in Sec. Sec. 515.5 and 515.14 to
renewal forms for licensed OTIs. These references are not needed
because the data collection during the renewal process is the same as
the data collection in the initial Form FMC-18.
The final rule also amends Sec. Sec. 515.5(b) and 515.12(a) to
eliminate the paper application option for OTI licenses, based on the
Commission's experience since introducing the electronic filing option.
The Commission has not received any requests for a waiver to file a
paper application since the waiver requirement was implemented in
November 2015.
Finally, the final rule replaces an outdated reference to ``Form
FMC-18 Rev.'' in Sec. Sec. 515.5; 515.12 with ``Form FMC-18.''
D. Qualifying Individuals in Partnerships Between Entities
The current qualifying individual (QI) requirements in Sec.
515.11(b) regarding partnerships assume that the managing partners are
individuals and thus eligible to be the QI for the partnership. In
order to address the situation in which the managing partners are
entities rather than individuals, clarifying language has been added
indicating that an officer of a general partner entity may be the QI.
E. Submission of Form FMC-1 as Prerequisite for License
The final rule amends Sec. 515.14(a) to require NVOCCs applying
for a license to provide the Commission with a Form FMC-1 prior to the
Commission issuing a license, which conforms to the current procedures
for foreign-based NVOCCs that register with the Commission.\1\
Currently, a license is issued after approval by the Commission and
receipt of proof of financial responsibility. Although NVOCCs are
required under Sec. 520.3 to submit a Form FMC-1 prior to the
commencement of common carrier service pursuant to a published tariff,
submission of the form is not currently a prerequisite for receiving a
license. Like the current requirement for submitting proof of financial
responsibility, the final rule requires NVOCCs to submit a Form FMC-1
within 120 days of the conditional approval of their license
application. Failure to submit the form within that time period will
result in the NVOCC having to submit a new application to restart the
license process. This change will ensure that NVOCCs comply with all
requirements for commencing service in the U.S. trades in a timely
manner. This change will add no additional burden to NVOCCs seeking
licenses as they are already required to provide the Commission with a
Form FMC-1; the final rule merely affects the timing of the submission
of the form.
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\1\ The final rule also makes minor clarifying changes to the
corresponding requirement in Sec. 515.19 for foreign-based NVOCCs
registering with the Commission.
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Because the Form FMC-1 requirements mirror the existing
requirements for submitting proof of financial responsibility, the
final rule combines the latter requirement from Sec. 515.25 with the
Form FMC-1 requirements being added to Sec. 515.14(a).
F. License Renewal Process
The final rule makes a number of changes to Sec. 515.14 to improve
and clarify the license renewal process. In addition to some minor
clarifying language changes, the final rule changes the initial license
period before renewal from three years to a period of not less than one
year and not greater than four years. Allowing for a range in the
initial period would provide flexibility and account for the varying
time periods between submission of an application and issuance of a
license due to issues that may arise during the review process or
delayed submission of necessary documentation (e.g., proof of financial
responsibility).
As noted above, the NCBFAA has concerns about this change, stating
that the group assumes that the Commission did not intend for the
proposed rule to mean that some licenses would be issued for a period
of less than three years, and, instead, that the Commission was trying
to ``rationalize the process by which renewal obligations were set.''
The NCBFAA argues that issuing licenses for periods of less than three
years would be burdensome for the Commission and licensees and requests
that the Commission clarify the proposal.
The NCBFAA is correct that the change to Sec. 515.14(c) is
intended to govern how renewal obligations are set. Specifically, the
purpose is to enable the Bureau of Certification and Licensing to
determine license renewal dates by the license number rather than the
initial issuance date of the license in order to evenly distribute
license renewals over a 36-month period. An even distribution of
license renewals will ensure an effective and efficient renewal process
for the increasing OTI licensee population by preventing the potential
bunching of license renewals in particular months or years. Such
bunching could occur if the initial issuance date of a license was the
basis for the renewal, potentially delaying the review and processing
of renewals during more populous months or years.
Spreading out the renewal dates, however, necessitates establishing
a range of initial license periods for OTIs; otherwise, the initial
license period could conflict with the renewal date (e.g., if an OTI
had a three-year initial license period but the renewal date was in
four years).
Although we understand NCBFAA's concern, the Commission
respectfully disagrees with the assertion that this change will be
burdensome for the Commission or licensees. As explained above, the
purpose of the change is to reduce the burden on the Commission and to
provide the industry with efficient and timely renewal processing.
Moreover, the change only affects the initial license period, which
will be one to four years; all subsequent renewal periods will continue
to be three years. And although some OTIs will have initial license
periods of one to two years, others will have an initial period of
three to four years, i.e., longer than the current three-year period.
For those OTIs with a shorter initial license period, the Commission
expects the renewal burden to be lower than for OTIs with longer
initial license periods, given that the shorter duration will decrease
the likelihood of any changes needing to be made during the renewal.
Overall, the Commission believes that the change will be beneficial to
both OTI licensees and the Commission in that it will ensure the timely
processing of renewals.
The final rule would also change the deadline for completing the
renewal process. Currently, Sec. 515.14 requires licensed OTIs to
complete the renewal process no later than 60 days prior to the renewal
date. The final rule would change the deadline to the renewal date
itself. This change would reduce the burden on licensed OTIs by
allowing them additional time to complete the renewal process.
G. Application After Revocation or Denial
The final rule expands the types of applications subject to direct
Commission review to include applicants employing the same officers,
[[Page 62466]]
managers, or members of an OTI whose license was revoked or denied
within the previous three years and where the Commission determined
that the OTI was not qualified to provide OTI services. The
applications currently subject to direct Commission review are limited
to those submitted by an OTI whose license was previously denied or
revoked, or those from another OTI that employs the same QI or is
controlled by persons whose conduct formed the basis for the previous
revocation or denial. The Commission believes that an OTI employing an
officer, manager, or member of another OTI that previously had its
license denied or revoked raises the same concerns as an OTI employing
the same QI and has concluded that direct review of applications by
such OTIs is warranted.
The final rule also adds clarifying language to more clearly
reflect that denial of an application under Sec. 515.18 is final and
not subject to the hearing procedures in Sec. 515.17.
H. Reporting Changes in Trade Names
The final rule clarifies in Sec. 515.20 that a change in a
licensee's name includes adding or deleting a trade name relating to
its OTI services. OTIs must seek prior approval from the Commission
before making such changes.
I. Proof of Financial Responsibility
The final rule clarifies in Sec. 515.22 that OTIs may submit proof
of financial responsibility via email, and, in Sec. 515.26 that the
Commission may transmit notices of termination of financial instruments
via email. Allowing transmission of this information by email reduces
delays and the burdens on both OTIs and the Commission.
The final rule also clarifies that in addition to the principal's
name, trade name, and address, the financial responsibility instrument
must clearly identify the state of incorporation or formation, and the
printed name and title of the signatory.
J. Claims Against an OTI
The final rule clarifies that financial responsibility providers
must include a registered foreign-based NVOCC's organization number
when notifying the Commission of claims against that NVOCC under Sec.
515.23(c). The current rule requires that financial responsibility
providers include an OTI's license number, but registered foreign-based
NVOCCs do not have license numbers. This change will ensure that the
organization number for registered NVOCCs will be included in claim
notifications to the Commission. Notwithstanding the ambiguity in the
rule, financial responsibility providers currently provide this
information with OTI claim information; thus, this change will not
result in any additional burdens for financial responsibility
providers.
K. Regulated Persons Index
The final rule deletes Sec. 515.34, which references the
availability of the Regulated Persons Index (RPI) on the Commission
website. The Commission has determined that because the RPI is
available on the website, and the Commission advertises that fact, this
section is no longer helpful or necessary.
V. Rulemaking Analyses and Notices
Congressional Review Act
The rule is not a ``major rule'' as defined by the Congressional
Review Act, codified at 5 U.S.C. 801 et seq. The rule will not result
in: (1) An annual effect on the economy of $100,000,000 or more; (2) a
major increase in costs or prices; or (3) significant adverse effects
on competition, employment, investment, productivity, innovation, or
the ability of United States-based companies to compete with foreign-
based companies. 5 U.S.C. 804(2).
Regulatory Flexibility Act
The Regulatory Flexibility Act (codified as amended at 5 U.S.C.
601-612) provides that whenever an agency promulgates a final rule
after being required to publish a proposed rulemaking under the
Administrative Procedure Act (APA) (5 U.S.C. 553), the agency must
prepare and make available a final regulatory flexibility analysis
(FRFA) describing the impact of the rule on small entities, unless the
head of the agency certifies that the rulemaking will not have a
significant economic impact on a substantial number of small entities.
5 U.S.C. 604-605. Based on the analysis below, the Chairman of the
Federal Maritime Commission certifies that this final rule will not
have a significant economic impact on a substantial number of small
entities.
The Commission recognizes that the majority of businesses affected
by these rules (OTIs) qualify as small entities under the guidelines of
the Small Business Administration. The final rule will not, however,
result in a significant economic impact on these businesses. No
material changes are being proposed; the proposed rule would make minor
changes to the licensing, registration, and financial responsibility
processes. Most of the changes will have little to no economic impact
on OTIs, while some of the changes, e.g., changes to the deadline for
renewing licenses, expressly allowing email transmission of documents
between OTIs and the Commission, are expected to reduce burdens on
OTIs. Notwithstanding the concerns of the NCBFAA regarding the changes
to the initial license period, we conclude that, as discussed above,
the change will not meaningfully increase the burden on licensees.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521) requires
an agency to seek and receive approval from the Office of Management
and Budget (OMB) before collecting information from the public. 44
U.S.C. 3507.
The information collection requirements for part 515 are currently
authorized under OMB Control Number 3072-0018: 46 CFR 515- Licensing,
Financial Responsibility Requirements, and General Duties for Ocean
Transportation Intermediaries and Related Forms. The final rule will
result in very minor changes to information collected by the
Commission. Specifically, the final rule makes minor adjustments to
information provided to the Commission and the timing of such
submissions, as well as expressly allowing the submission of certain
information by email. No changes are being made, however, to any of the
forms in part 515, and none of the changes are expected to affect the
burden hours associated with the information collection.
Although the Commission initially concluded in the NPRM that these
changes did not warrant revisions to the information collection
associated with part 515, the Commission subsequently determined to
submit the changes to OMB for approval. Notice of the revised
information collection was published in the Federal Register; no
comments were received. See 84 FR 25274 (May 31, 2019) (60-day notice);
84 FR 50036 (Sep. 24, 2019) (30-day notice).
National Environmental Policy Act
The Commission's regulations categorically exclude certain
rulemakings from any requirement to prepare an environmental assessment
or an environmental impact statement because they do not increase or
decrease air, water or noise pollution or the use of fossil fuels,
recyclables, or energy. 46 CFR 504.4. This final rule relates to OTI
licensing and financial responsibility requirements and therefore falls
within the categorical exclusions for matters related to the issuance,
modification, denial and revocation of ocean transportation
intermediary licenses, and matters related to the receipt of
[[Page 62467]]
surety bonds from OTIs. Sec. 504.4(a)(1), (3). Therefore, no
environmental assessment or environmental impact statement is required.
Executive Order 12988 (Civil Justice Reform)
This proposed rule meets applicable standards in E.O. 12988 titled,
``Civil Justice Reform,'' to minimize litigation, eliminate ambiguity,
and reduce burden.
Regulation Identifier Number
The Commission assigns a regulation identifier number (RIN) to each
regulatory action listed in the Unified Agenda of Federal Regulatory
and Deregulatory Actions (Unified Agenda). The Regulatory Information
Service Center publishes the Unified Agenda in April and October of
each year. You may use the RIN contained in the heading at the
beginning of this document to find this action in the Unified Agenda,
available at http://www.reginfo.gov/public/do/eAgendaMain.
List of Subjects in 46 CFR Part 515
Freight, Freight forwarders, Maritime carriers, Reporting and
recordkeeping. requirements.
For the reasons stated in the supplementary information, 46 CFR
part 515 is amended as follows:
PART 515--LICENSING, REGISTRATION, FINANCIAL RESPONSIBILITY
REQUIREMENTS, AND GENERAL DUTIES FOR OCEAN TRANSPORTATION
INTERMEDIARIES
0
1. The authority citation for part 515 continues to read as follows:
Authority: 5 U.S.C. 553; 31 U.S.C. 9701; 46 U.S.C. 305, 40102,
40104, 40501-40503, 40901-40904, 41101-41109, 41301-41302, 41305-
41307; Pub. L. 105-383, 112 Stat. 3411; 21 U.S.C. 862.
0
2. Revise the part heading to read as set forth above.
0
3. Amend Sec. 515.1 by revising the first sentence of paragraph (a) to
read as follows:
Sec. 515.1 Scope.
(a) This part sets forth regulations providing for the licensing
and registration as ocean transportation intermediaries of persons who
wish to carry on the business of providing intermediary services,
including the grounds and procedures for revocation and suspension of
licenses and registrations. * * *
* * * * *
0
4. Amend Sec. 515.5 by revising paragraphs (a), (b), and (c)(2) to
read as follows:
Sec. 515.5 Forms and fees.
(a) Forms. License Application Form FMC-18 is found at the
Commission's website www.fmc.gov for completion on-line by applicants
and licensees. 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.
(b) Filing of license application forms. All application forms are
to be filed electronically.
(c) * * *
(2) Fees under this part shall be as follows:
(i) Application for new OTI license as required by Sec. 515.12(a):
Filing $250.
(ii) Application for change to OTI license or license transfer as
required by Sec. 515.20(a) and (b): Filing $125.
0
5. Amend Sec. 515.11 by revising paragraph (b)(2) to read as follows:
Sec. 515.11 Basic requirements for licensing; eligibility.
* * * * *
(b) * * *
(2) Partnership. At least one of the active managing partners,
unless the partners are entities, such as corporations, in which case
an officer, member, or manager of one of the entities as long as the
entity is a general partner.
* * * * *
0
6. Amend Sec. 515.12 by revising the first sentence of paragraph
(a)(1) to read as follows:
Sec. 515.12 Application for license.
(a) * * *
(1) Any person who wishes to obtain a license to operate as an
ocean transportation intermediary shall submit electronically a
completed application Form FMC-18 (Application for a License as an
Ocean Transportation Intermediary) in accordance with the automated
FMC-18 filing system and corresponding instructions. * * *
* * * * *
0
7. Amend Sec. 515.14 by revising paragraphs (a), (c), (d)(1), and the
first sentence of paragraph (d)(2) to read as follows:
Sec. 515.14 Issuance, renewal, and use of license.
(a) Qualification necessary for issuance. (1) The Commission will
issue a license if it determines, as a result of its investigation,
that the applicant possesses the necessary experience and character to
render ocean transportation intermediary services; has filed the
required bond, insurance or other surety; and has electronically
submitted Form FMC-1 pursuant to Sec. 520.3 if approved to offer NVOCC
service.
(2) If, within 120 days of notification of conditional approval for
licensing by the Commission, proof of financial responsibility and, in
the case of an NVOCC, the Form FMC-1 is not received, the conditional
approval of the application will be invalid. Applicants whose
applications/approvals have become invalid may submit a new Form FMC-
18, together with the required filing fee, at any time.
* * * * *
(c) Duration of license. Licenses shall be issued for an initial
period of not less than one year and not greater than four years as
determined by the license number and published on the Commission
website. Thereafter, licenses will be renewed for sequential three-year
periods upon successful completion of the renewal process in paragraph
(d) of this section.
(d) * * *
(1) The licensee shall submit the renewal electronically to the
Director of the Bureau of Certification and Licensing (BCL) no later
than the renewal date as published on the Commission website. The
renewal date (month/day) will remain the same for subsequent renewals
irrespective of the date on which the license renewal is submitted or
when the renewal is accepted by the Commission, unless another renewal
date is assigned by the Commission.
(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 Sec. 515.20, the licensee
must promptly submit a request for such approval on Form FMC-18
together with the required filing fee. * * *
* * * * *
0
8. Revise Sec. 515.18 to read as follows:
Sec. 515.18 Application after revocation or denial.
Whenever a license has been revoked or an application has been
denied because the Commission has found the licensee or applicant to be
not qualified to render ocean transportation
[[Page 62468]]
intermediary services, any further application within 3 years of the
Commission's notice of revocation or denial, made by such former
licensee or applicant or by another applicant employing the same
qualifying individual, officer(s), member(s), manager(s) or controlled
by persons on whose conduct the Commission based its determination for
revocation or denial, shall be reviewed directly by the Commission. If
the Commission denies the application, such denial is final and not
subject to the hearing procedures described in Sec. Sec. 515.15 and
515.17.
0
9. Amend Sec. 515.19 by revising paragraphs (c), (e), and
(g)(1)(viii) to read as follows:
Sec. 515.19 Registration of foreign-based unlicensed NVOCC.
* * * * *
(c) Registrations are complete upon receipt of a registration form
which meets the requirements of this section, evidence of financial
responsibility pursuant to Sec. 515.21, and Form FMC-1 pursuant to
Sec. 520.3.
* * * * *
(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.
* * * * *
(g) * * *
(1) * * *
(viii) Failure to designate and maintain a person in the United
States as legal agent for the receipt of judicial and administrative
process, including subpoenas, as required by Sec. 515.24.
* * * * *
0
10. Amend Sec. 515.20 by revising paragraph (a)(4) to read as
follows:
Sec. 515.20 Changes in organization.
(a) * * *
(4) Any change in a licensee's name, including adding or deleting a
trade name relating to its OTI services; or
* * * * *
0
11. Amend Sec. 515.22 by revising paragraph (e) to read as follows:
Sec. 515.22 Proof of financial responsibility.
* * * * *
(e) All forms and documents for establishing financial
responsibility of ocean transportation intermediaries prescribed in
this section shall be submitted to the Director, Bureau of
Certification and Licensing, via email to [email protected]. Such forms and
documents must clearly identify the principal's name; trade name, if
any; address; the state of incorporation/formation; and the printed
name and title of the signatory.
0
12. Amend Sec. 515.23 by revising paragraph (c)(3) to read as
follows:
Sec. 515.23 Claims against an ocean transportation intermediary.
* * * * *
(c) * * *
(3) Notices required by this section shall include the name of the
claimant, name of the court and case number assigned, and the name and
license or organization number of the OTI involved. Such notices may
include or attach other information relevant to the claim.
* * * * *
0
13. Amend Sec. 515.25 by revising paragraph (a)(1) to read as follows:
Sec. 515.25 Filing of proof of financial responsibility.
(a) * * *
(1) Licenses. Upon notification by the Commission that an applicant
has been conditionally approved for licensing, the applicant shall file
with the Director of the Commission's Bureau of Certification and
Licensing, proof of financial responsibility in the form and amount
prescribed in Sec. 515.21. No license will be issued until the
Commission is in receipt of valid proof of financial responsibility.
* * * * *
0
14. Revise Sec. 515.26 to read as follows:
Sec. 515.26 Termination of financial responsibility.
No license or registration shall remain in effect unless valid
proof of a financial responsibility instrument is maintained on file
with the Commission. 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. Replacement financial
responsibility must bear an effective date no later than the
termination date of the expiring financial responsibility instrument.
Sec. 515.34 [Removed]
0
15. Remove Sec. 515.34.
By the Commission.
Rachel Dickon,
Secretary.
[FR Doc. 2019-24472 Filed 11-14-19; 8:45 am]
BILLING CODE 6731-AA-P
