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<br />. <br /> <br />form specified by the consignor, directly <br />to the consignor or his designee. prompt- <br />ly. and in no event later than 10 days, <br />after delivery of the C,O.n. shipment to <br />the consignee. <br /> <br />~ 296.93 Surely bond. <br /> <br />(a) No airfreight forwarder shall ren- <br />der C.O.D. service pursuant to this part <br />unless it shall have in effect Rnd on <br />file with the Board, in addition to the in- <br />surance required by ~ 296.51. a surety <br />bond. issued by a surety company which <br />meets the standards prescribed for sW'ety <br />companies by part 378 of the Board's <br />special regulations, in such form as the <br />Board may deem proper, and in a sum <br />not less than $25.000. <br />(b) The terms of the bond required by <br />this subpart shall obligate the surety to <br />pay to any consignor such amoun t. not <br />exceeding the face amount of the bond, <br />as may be due on any C.O.D. shipment <br />delivered by the consignor to the for.- <br />warder and not remitted to the con- <br />signor, or his designee. within 10 days <br />after delivery of such C.O.D. ship- <br />ment to the consignee. <br />(c) The terms of such bond shall fur- <br />ther provide: That any consignor to <br />whom the forwarder has failed to remit <br />any amount of any C.O.D. shipment <br />withil110 days after delivery of said sh1p- <br />ment. may file a claim with the surety <br />for such amount; that upon the tiling of <br />the claim, the surety shall notify the <br />Board in writing of such filing; that the <br />limitation of time within which a con- <br />signor must file a claim against a suret.y. <br />~s provided for above, shall not be less <br />than 1 year from the date the C.O.D. <br />shipment was received by the forwarder <br />from the consignor; that the principal or <br />the surety ma.y at any time cancel or <br />terminate the bond by wrItten notice to <br />the Board, such cancellation or termi- <br />nation to become effective 30 days <br />after actual receipt of said notice by the <br />Board, and that said bond shalll'emain <br />and continue in force until its cancelllt- <br />tion or termination becomes effective, as <br />provided for above: Provided, however, <br />That such cancellation or termination <br />shall not relieve the surety of its liability <br />under the bond with respect to C.O.D. <br />shipments received by the forwarder <br />while the bond was in force. <br />(d) If the bond does not comply with' <br />the requirements of this section. or for <br />any reason fails to prOVide satisfactory <br />or adequate protection for the public. <br />the Board will notify the forwarder by <br />registered or certified mail. sto.ting .the <br />deficiencies of the bond, and the bond <br />shall not be accepted for filing unless and <br />until corrected. <br /> <br />~, <br /> <br />j. <br /> <br />PART 297-eLASSIFICATION ANll". EX. <br />EMPTION OF "INTERNATIONAL AIR <br />FREIGHT FORWARDERS <br /> <br />8. Amend ~ 297.1 by adding a new <br />paragraph (g). the paragraph to read 88 <br /> <br />follows: ~ <br /> <br />PROPOSED RULES <br /> <br />~ 297.1 Definitions. <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />10819 <br /> <br />collection, in the form specified by the <br />consignor, directly to the consignor or <br />his designee. promptly. and in no event <br />later than 10 days, after delivery of the <br />C.O.D. shipment to the consignee. <br /> <br />~ 297.73 Surety bond. <br /> <br />(a) No international air freight for- <br />warder shall render C.O.D. service pur- <br />suaut to this part unless it shall have on <br />file with the Board, in addition to the in- <br />surance reqUired by 9 297.45. a surety <br />bond, issued by a surety company which <br />meets the standards prescribed for surety <br />companies by part 378 of the Board's <br />special regulations, in such for:m as the <br />Board may deem proper. and in a sum <br />not less than $25,000. <br />(b) The term of the bond required <br />by this subpart shall obligate the surety <br />to pay to any consignor such amoWlt, not <br />exceeding the face amount o.f the bond, <br />as may be due on any C.O.D. shipment <br />delivered by the consignor to the for- <br />warder and not remitted to the con- <br />signor, or his designee. within 10 days <br />after delivery of such C.OD. shipments <br />to the consignee. <br />(c) The terms of such bond shall Iur- <br />'tJ1er provide: That any consignor to <br />whom the forwarder has failed to remit <br />any amount on a.ny C.O.D. shipment <br />within 10 days after delivery of said ship- <br />ment may file a claim with the surety <br />for such amount; that upon the filing of <br />the claim. the surety shall notify the <br />Board in writing of suc_h tIling; that the <br />limitation of time witJ1in which a con- <br />signor must file a claim against a surety <br />as provided for above, shall not be less <br />than 1 yenr from the dat.e the C.O.D. <br />shipment was received by the for- <br />warder from the consignor; that the <br />principal or the surety may at any <br />time cancel or terminate the bond <br />by written notice to the Board. such <br />cancellation or termination to become <br />effective 30 days after actual receipt <br />of said notice by the Board, and that <br />said bond shall remain and continue <br />in force until Its cancellation or termina- <br />tion becomes effective, as provided for <br />above~ Provided, however. That such <br />cancellation or termination shall not re- <br />lieve the surety of its liability under the <br />bond, with respect to C.O.D. shipments <br />received by the forwarded while the bond <br />was in force. <br />(d) If the bond does not comply with <br />the requirements of this section, or for <br />any reason fails to provide satisfactory <br />or adequate protection for the public, <br />the Board will notify the forwarded by <br />registered or certified mail, stating the <br />deficiencies of the bond. Unless such de- <br />ficiencies are corrected within the time <br />set forth in such notification. the for- <br />warder shall in no event accept any <br />C.O.D. shipments. <br /> <br />~ 297.74 NOlicercquireme-nl. <br /> <br />Each holder of an operating author- <br />ization as an internattonal air freight <br />forwarder shall provide to consignors of <br /> <br />FEDERAL REGISTER, VOL. 38, NO. 84-WEDNESDA Y, MAY 2, 1913 <br /> <br />OS&(J <br /> <br />. <br /> <br />(f) An "affi.liate". . <br />(g) A "collect on delivery" ("C.O.D." <br />herein) shipment means a shipment of <br />goods, the delivery of which has been <br />condltioned by the consignor .upon pay- <br />ment by the consignee of a specified sum <br />of money. which swn is to be received by <br />the forwarder, in such form as the con- <br />signor may instruct, as agent for the <br />consignor. for remittance to the con- <br />signor or his designee. <br /> <br />9. Amend ~ 297.51 by adding a new <br />paragraph (d). the new paragraph to <br />read as follows: <br /> <br />~ 297...5-1 RCCOTds requircmf'_nts. <br /> <br />. <br /> <br />, . <br /> <br />. <br /> <br />. <br /> <br />(c) Each holder of .. .. * <br />(d) Each holder of an operating au- <br />thorization as an international air <br />freight forwarder shall maintain a rec- <br />ord of all C.O.D. shipments received for <br />delivery in such a manner and form as <br />will plainly and readily show the follow- <br />ing information with respect to each <br />shipmen t: <br />(U Nwnber and date of aIrway bill. <br />(2) Name and address of consignor <br />and, if collections of payment are to be <br />remitted to a designee of the consignor, <br />the name and address of such designee. <br />(3) Name and address of consignee. <br />(4) Date shipment delivered. <br />(5) Amount of C.O.D. to be collected. <br />(6) Date C.O.D. collected ..by the <br />forwarder. <br />(7) Date C.O.D. collection remitted to <br />consignor or his designee. <br />(8) Check number or other identifica- <br />tion of remit,tance. <br />10. Amend part 297 by adding a new <br />subpart 0, to read as follows: <br />Subpart G--Condi1:ion. on Hllndling C.O.D. <br />Shipments <br />29771 Tariff requIrement. <br />297.72 Remlttallce. <br />297.73 Surety bond. <br />297.74 NotIce requirement. <br />AUTHORITY.-8eCS. 101(3), 204(a), 403. 407 <br />and 416(a) of the Federal Aviation Act of <br />1958, as amended; 72 Sta.t. 737 (as amended) <br />743, 758 (as 6mended by 74 Stat. 445), 766 <br />(as amended by 83 Stat. 103), 771; 49 U.S.O. <br />1301, 1324, 1373, 1377, a.nd 1386. <br />Subpart G-Conditions on Handling C.O.D. <br />Shipments <br />~ 297.71 T;lriff' reqllir~menl. <br />No international air freight forwarder <br />engaged in air transportation pursuant <br />to this part shalI render any C.O.D. serv- <br />ice unless such forwarder has published. <br />posted. and filed tariffs which contnin <br />the rates, charges, and rules. governing <br />such service. which rules !hall conform <br />to the prOVisions of this subpart. <br />~ 297.72 Rcmiuarn=e. <br />Any international air freight forward- <br />er engaged In air transportatIon pursu- <br />ant to this part shall remit each C.O.D. <br />