<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 />
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