Title 46
PART 502 APPENDIX
| Date of B/L | Date of delivery or tender of delivery | Date charges paid | Vessel | Voyage No. | Port of origin | Destination port | Route | Commodity | Weight or measurement | As charged | Should be | Reparation | Charges paid by * | ||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Rate | Amount | Rate | Amount | ||||||||||||
*Here insert name of person paying charges in the first instance, and state whether as consignor, consignee, or in what other capacity.
| Total amount of reparation $____________________. | |
| The undersigned hereby certifies that this statement has been checked against the records of this company and found correct. | |
| Date ____________________. | |
| ____________________ Steamship Company, Collecting Carrier Respondent, | |
| By ____________________, Auditor | |
| By ____________________, Claimant | |
| ____________________, Attorney | |
| (address and date) |
Exhibit No. 1 to Subpart Q [§ 502.271(d)] of Part 502 - Application for Refund or Waiver of Freight Charges Due to Tariff or Quoting Error
46:9.0.1.1.3.17.1.2.4 :
Exhibit No. 1 to Subpart Q [§ 502.271(d)] of Part 502 - Application for Refund or Waiver of Freight Charges Due to Tariff or Quoting ErrorFederal Maritime Commission Special Docket No. _____ [leave blank].
Amount of Freight Charges to be refunded or waived:
Application of (Name of carrier or shipper) for the benefit of (Name of person who paid or is responsible for payment of freight charges).
1. Shipment(s). Here fully describe:
(a) Commodity (according to tariff description).
(b) Number of shipments.
(c) Weight or measurement, container size, and number of containers of individual shipment, as well as all shipments.
(d)(1) Date(s) of receipt of shipment(s) by the carrier;
(2) Date(s) of sailing(s) (furnish supporting evidence).
(e) Shipper and place of origin.
(f) Consignee, place of destination and routing of shipment(s).
(g) Name of carrier and date shown on bill of lading (furnish legible copies of bill(s) of lading).
(h) Names of participating ocean carrier(s).
(i) Name(s) of vessel(s) involved in carriage.
(j) Amount of freight charges actually collected (furnish legible copies of rated bill(s) of lading or freight bill(s), as appropriate) broken down (i) per shipment, (ii) in the aggregate, (iii) by whom paid, (iv) who is responsible for payment if different, and (v) date(s) of collection.
(k) Rate and tariff commodity description applicable at time of shipment (furnish legible copies of tariff materials).
(l) Rate and commodity description sought to be applied (furnish legible copies of applicable tariff materials).
(m)(1) Amount of applicable freight charges, per shipment and in the aggregate;
(2) Amount of freight charges at rate sought to be applied, per shipment and in the aggregate.
(n) Amount of freight charges sought to be (refunded) (waived), per shipment and in the aggregate.
2. Furnish docket numbers of other special docket applications or decided or pending formal proceedings involving the same rate situations.
3. Fully explain the basis for the application, i.e., the error, failure to publish, or misquote, showing why the application should be granted. Furnish affidavits, if appropriate, and legible copies of all supporting documents. If the error is due to failure to publish a tariff, specify the date when the carrier and/or conference intended or agreed to publish a new tariff. If the application is based on a misquote, the application must include the affidavit of the person who made the misquote describing the circumstances surrounding such misquote along with any other supporting documentary evidence available.
4. Furnish any information or evidence as to whether granting the application may result in discrimination among shippers, ports or carriers. List any shipments of other shippers of the same commodity which (i) moved via the carrier(s) or conference involved in this application during the period of time beginning on the date the intended rate would have become effective and ending on the day before the effective date of the conforming tariff; (ii) moved on the same voyage(s) of the vessel(s) carrying the shipment(s) described in No. 1, above; or (iii), in the case of a misquote, moved between the date of receipt of shipment(s) described in No. 1 above, and the date(s) of sailing(s).
(Here set forth Name of Applicant, Signature of Authorized Person, Typed or Printed Name of Person, Title of Person and Date)
State of , County of . ss:
I,___ , on oath declare that I am ___ of the above-named applicant, that I have read this application and know its contents, and that they are true. Subscribed and sworn to before me, a notary public in and for the State of ______ , County of ______, this ___ day of ___ .
(Seal)Notary Public
My Commission expires.
CERTIFICATE OF SERVICE (if applicable)I hereby certify that I have this day served the foregoing document upon the (insert the conference name if a conference tariff is involved; or the name of the carrier if the applicant is a shipper) by delivering a copy (insert means by which copy delivered).
Dated in (insert city, county, state) this ___ day of ___. (signature)
For:
CERTIFICATE OF MAILINGI certify that the date shown below is the date of mailing (or date of delivery to courier) of the original and one (1) copy of this application to the Secretary, Federal Maritime Commission, Washington, DC, 20573-0001.
Dated at ___, this ___ day of ___ .
(Signature) .
For.
Exhibit No. 1 to Subpart S [§ 502.304(a)] of Part 502 - Small Claim Form for Informal Adjudication and Information Checklist
46:9.0.1.1.3.19.1.6.5 :
Exhibit No. 1 to Subpart S [§ 502.304(a)] of Part 502 - Small Claim Form for Informal Adjudication and Information Checklist Federal Maritime Commission, Washington, DC.Informal Docket No.___
(Claimant)vs.
(Respondent)I. The claimant is [state in this paragraph whether claimant is an association, corporation, firm or partnership, and if a firm or partnership, the names of the individuals composing the same. State the nature and principal place of business.]
II. The respondent named above is [state in this paragraph whether respondent is an association, corporation, firm or partnership, and if a firm or partnership, the names of the individuals composing the same. State the nature and principal place of business.]
III. That [state in this and subsequent paragraphs to be lettered A, B, etc., the matters that gave rise to the claim. Name specifically each rate, charge, classification, regulation or practice which is challenged. Refer to tariffs, tariff items or rules, or agreement numbers, if known. If claim is based on the fact that a firm is a common carrier, state where it is engaged in transportation by water and which statute(s) it is subject to under the jurisdiction of the Federal Maritime Commission].
IV. If claim is for overcharges, state commodity, weight and cube, origin, destination, bill of lading description, bill of lading number and date, rate and/or charges assessed, date of delivery, date of payment, by whom paid, rate or charge claimed to be correct and amount claimed as overcharges. [Specify tariff item for rate or charge claimed to be proper].
V. State section of statute claimed to have been violated. (Not required if claim is for overcharges).
VI. State how claimant was injured and amount of damages requested.
VII. The undersigned authorizes the Small Claims Officer to determine the above-stated claim pursuant to the informal procedure outlined in subpart S (46 CFR 502.301-502.305) of the Commission's informal procedure for adjudication of small claims subject to discretionary Commission review.
Attach memorandum or brief in support of claim. Also attach bill of lading, copies of correspondence or other documents in support of claim.
(Date) (Claimant's signature) (Claimant's address) (Signature of agent or attorney) (Agent's or attorney's address) VerificationState of ___, County of ___, ss: ___, being first duly sworn on oath deposes and says that he or she is
The claimant [or if a firm, association, or corporation, state the capacity of the affiant] and is the person who signed the foregoing claim, that he or she has read the foregoing and that the facts set forth without qualification are true and that the facts stated therein upon information received from others, affiant believes to be true. Subscribed and sworn to before me, a notary public in and for the State of ___, County of ___, this __ day of ___ 19 - . (Seal) (Notary Public) My Commission expires, Information To Assist in Filing Informal ComplaintsInformal Docket procedures are limited to claims of $50,000 or less and are appropriate only in instances when an evidentiary hearing on disputed facts is not necessary. Where, however, a respondent elects not to consent to the informal procedures [See Exhibit No. 2 to subpart S], the claim will be adjudicated by an administrative law judge under subpart T of Part 502.
Under the Shipping Act of 1984 [for foreign commerce], the claim must be filed within three (3) years from the time the cause of action accrues and may be brought against any person alleged to have violated the 1984 Act to the injury of claimant.
A violation of a specific section of a particular shipping statute must be alleged.
The format of Exhibit No. 1 must be followed and a verification must be included. (See §§ 502.21-502.32, 502.112, and 502.304.) An original and two (2) copies of the claim and all attachments, including a brief in support of the claim, must be submitted.
[49 FR 44369, Nov. 6, 1984; 49 FR 47394, Dec. 4, 1984, as amended at 55 FR 28400, July 11, 1990; 64 FR 7812, Feb. 17, 1999; 76 FR 10262, Feb. 24, 2011; 79 FR 46715, Aug. 11, 2014]Exhibit No. 2 to Subpart S [§ 502.304(e)] of Part 502 - Respondent's Consent Form for Informal Adjudication
46:9.0.1.1.3.19.1.6.6 :
Exhibit No. 2 to Subpart S [§ 502.304(e)] of Part 502 - Respondent's Consent Form for Informal Adjudication Federal Maritime Commission, Washington, DC. Informal Docket No. ___ Respondent's AffidavitI authorize the Small Claims Officer to determine the above-numbered claim in accordance with subpart S (46 CFR 502) of the Commission's informal procedure for adjudication of small claims subject to discretionary Commission Review.
(Date) (Signed) (Capacity) VerificationState of ___________, County of __________, ss: ______, being first duly sworn on oath deposes and says that he or she is _________, (Title or Position) and is the person who signed the foregoing and agrees without qualification to its truth.
Subscribed and sworn to before me, a notary public in and for the State of ________, County of ________, this ______ day of __________, 19__.
(Seal) (Notary Public) My Commission expires. Certificate of Service [See § 502.320] [49 FR 44369, Nov. 6, 1984, as amended at 79 FR 46715, Aug. 11, 2014]Appendix A to Subpart W of Part 502 - Example of Compromise Agreement To Be Used Under 46 CFR 502.604
46:9.0.1.1.3.23.1.6.7 : Appendix A
Appendix A to Subpart W of Part 502 - Example of Compromise Agreement To Be Used Under 46 CFR 502.604 Compromise Agreement FMC File No. ____This Agreement is entered into between:
(1) the Federal Maritime Commission, hereinafter referred to as Commission, and
(2) ________, hereinafter referred to as Respondent.
Whereas, the Commission is considering the institution of an assessment proceeding against Respondent for the recovery of civil penalties provided under the [appropriate statute], for alleged violations of section ____;
Whereas, this course of action is the result of practices believed by the Commission to have been engaged in by Respondent, to wit:
[General description of practices and dates or time period involved]
Whereas, the Commission has authority under the Shipping Act of 1984 to compromise and collect civil penalties; and,
Whereas, Respondent has terminated the practices which are the basis for the allegations of violation set forth herein, and has instituted and indicated its willingness to maintain measures designed to eliminate these practices by Respondent, its officers, directors or employees.
Now Therefore, in consideration of the premises herein, and in compromise of all civil penalties arising from the alleged violations, Respondent and the Commission hereby agree upon the following terms and conditions of compromise and settlement:
1. Respondent shall make a monetary payment to the Commission herewith, by bank cashier's check, in the total amount of $____.
2. Upon acceptance in writing of this Agreement by the Director of the Bureau of Enforcement of the Commission, this instrument shall forever bar the commencement or institution of any assessment proceeding or other claim for recovery of civil penalties from the Respondent arising from the alleged violations set forth above.
3. It is expressly understood and agreed that this Agreement is not, and is not to be construed as, an admission by Respondent to the alleged violations set forth above.
(Respondent's Name) By: Title: Date: Approval and AcceptanceThe above terms, conditions and consideration are hereby approved and accepted:
By the Federal Maritime Commission:
Director, Bureau of Enforcement Date: [49 FR 44418, Nov. 6, 1984. Redesignated at 58 FR 27211, May 7, 1993, as amended at 61 FR 51233, Oct. 1, 1996; 65 FR 81759, Dec. 27, 2000]