application fees. However, once an application is withdrawn or denied for any reason, and the same applicant, holding no valid Certificates, wishes to reapply for a Certificate (covering the same or new vessel), a new application and application fee of $75 shall be filed. (e) In addition to the $75 application fee, applicants shall pay a $40 fee for each Certificate issued. Applicants shall submit such certification fee for each vessel listed in, or later added to, an application. The $40 certification fee is required to renew or to reissue a Certificate for any reason, including, but not limited to, a name change or a lost Certificate. (f) Certification fees are refunded, upon receipt of a written request, if the application is withdrawn or denied before issuance of the Certificates. Overpayments of application and certification fees are refunded on request only if the refund is $20 or more. However, any overpayments not refunded are credited, for a period of three years from the date of receipt of the moneys by the Coast Guard, for the applicant's possible future use under this part. produce a valid Certificate, the Coast Guard (1) Denies the vessel entry to any port or place in the United States or the navigable waters of the United States; and (2) Detains the vessel at the port or place in the United States from which it is about to depart for any other port or place in the United States. § 132.14 Service of process. (a) When executing the forms required by this part, each applicant and underwriter shall designate thereon a person in the United States as its agent for service of process for the purposes of Title III of the Act and of this part. (b) Each designation shall be acknowledged in writing by the designee unless the designee has already furnished the Coast Guard with a master concurrence showing it has agreed in advance to act as the United States agent for service of process for the applicant or underwriter in question. (c) When the designated agent cannot be served because of death, disability, or unavailability, the Commandant becomes the agent for service of process. (d) When serving the Commandant, the server shall also (1) Send to the applicant, certificant, or underwriter, by registered mail, postage prepaid, at its address last on file with the Coast Guard, a copy of each document served upon the Commandant; and (2) Attest to that mailing at the time service is made upon the Commandant. [CGD 83-039, 48 FR 46203, Oct. 11, 1983, as amended by CGD 88 -052, 53 FR 25120, July 1, 1988] $ 132.10 Operator's responsibility for identification. (a) Except in the case of unmanned barges, operators who are not also the owners of certificated vessels shall carry on board such vessels the original or legible copy of the demise charter-party or any other written document which demonstrates that such operators are, in fact, the operators designated on the Certificates. (b) The documents required by paragraph (a) of this section shall be presented for examination to U.S. Government officials upon request. § 132.11 Denial or revocation of Certificates. (a) A Certificate is denied or revoked for any of the following reasons: (1) Making any willfully false statement to the Coast Guard in connection with an application for an initial Certificate or a request for a renewal Certificate or the retention of an existing Certificate. (2) Failure of an applicant or certificant to establish or maintain acceptable evidence of financial responsibility. (3) Failure to comply with or respond to lawful inquires, regulations, or orders of the Coast Guard pertaining to activities subject to this part. (4) Failure to timely file the statements or affidavits required by § 132.8(b)(3) (i), (iii). (5) Cancellation or termination of any insurance form, surety bond or guaranty issued by an underwriter under this part unless acceptable substitute evidence of financial responsibility has been submitted. (b) Denial or revocation of a Certificate is immediate and without prior notice where the applicant or certificant (1) Is no longer the operator of the vessel in question; (2) Fails to furnish acceptable evidence of financial responsibility in support of an application; (3) Permits the cancellation or termination of the insurance form, surety bond or guaranty upon which the con tinued validity of the Certificate was based; or (4) Where the Certificate no longer reflects current information, as would occur in the case of a name change or other change. In any other case, before the denial or revocation of a Certificate, the Commandant (GMER-1) advises the applicant or certificant, in writing, of the intention to deny or revoke the Certificate, and states the reason therefor. (c) If the reason for an intended revocation is failure to file the required financial statements or affidavits, the revocation is effective 10 days after the date of the notice of intention to revoke, unless the certificant shall, before revocation, demonstrate that the required statements were timely filed. (d) If the intended denial or revocations is based upon one of the reasons in paragraph (a)(1) or (3) of this section, the applicant or certificant may request, in writing, a hearing to show that the applicant or certificant is in compliance with this part, and, if such request is received within 30 days after the date of the notification of intention to deny or revoke the Coast Guard schedules a hearing. Hearings are conducted in accordance with § 135.223 of this subchapter. (a) This section establishes the application fee imposed by the Coast Guard for processing applications and also establishes the certification fee imposed for the issuance or renewal of Certificates. (b) No Certificate is issued unless the fees set forth in paragraphs (d) and (e) of this section have been paid. (c) Fees shall be paid in United States currency by check, draft or postal money order made payable to the U.S. Coast Guard. (d) Each applicant who submits an application for the first time shall pay an initial, non-refundable application fee of $75. Applications for additional Certificates, or to amend or renew existing Certificates, do not require new application fees. However, once an application is withdrawn or denied for any reason, and the same applicant, holding no valid Certificates, wishes to reapply for a Certificate (covering the same or new vessel), a new application and application fee of $75 shall be filed. (e) In addition to the $75 application fee, applicants shall pay a $40 fee for each Certificate issued. Applicants shall submit such certification fee for each vessel listed in, or later added to, an application. The $40 certification fee is required to renew or to reissue a Certificate for any reason, including, but not limited to, a name change or a lost Certificate. (f) Certification fees are refunded, upon receipt of a written request, if the application is withdrawn or denied before issuance of the Certificates. Overpayments of application and certification fees are refunded on request only if the refund is $20 or more. However, any overpayments not refunded are credited, for a period of three years from the date of receipt of the moneys by the Coast Guard, for the applicant's possible future use under this part. $132.13 Enforcement. (a) Any vessel operator who fails to comply with this part is subject to a civil penalty of not more than $10,000 for each such failure to comply. (b) No penalty under paragraph (a) of this section is assessed until notice and an opportunity for hearing on the alleged violation have been given. (c) In the event any vessel subject to this part fails, upon request, to produce a valid Certificate, the Coast Guard (1) Denies the vessel entry to any port or place in the United States or the navigable waters of the United States; and (2) Detains the vessel at the port or place in the United States from which it is about to depart for any other port or place in the United States. § 132.14 Service of process. (a) When executing the forms required by this part, each applicant and underwriter shall designate thereon a person in the United States as its agent for service of process for the purposes of Title III of the Act and of this part. (b) Each designation shall be acknowledged in writing by the designee unless the designee has already furnished the Coast Guard with a master concurrence showing it has agreed in advance to act as the United States agent for service of process for the applicant or underwriter in question. (c) When the designated agent cannot be served because of death, disability, or unavailability, the Commandant becomes the agent for service of process. (d) When serving the Commandant, the server shall also (1) Send to the applicant, certificant, or underwriter, by registered mail, postage prepaid, at its address last on file with the Coast Guard, a copy of each document served upon the Commandant; and (2) Attest to that mailing at the time service is made upon the Commandant. APPENDIX-FINANCIAL RESPONSIBILITY APPLICATION AND SUPPORTING FORMS DEPARTMENT OF TRANSPORTATION CG-5358-1 (6-83) APPLICATION FOR CERTIFICATE OF FINANCIAL 1. Legal name of applicant (name of legally responsible operator of all vessels listed in Part II) (a) English equivalent of legal name if customarily written in language other than English Approved OMB No. 2115-0535 GENERAL (Part 1 of 4 Parts) INSTRUCTIONS Please type or print clearly and submit this applica- 3. State applicant's legal form of organization, i.e., whether operating as an individual, corporation, partnership, association, joint stock company, business trust or other organized group of persons (whether incorporated or not), or as a receiver, trustee, or other liquidating agent, and briefly describe current business activities and length of time engaged therein. (a) If a corporation, association, or other organization, please indicate: Date of incorporation or organization (b) If a partnership, give name and address of each partner 4. Name and address of applicant's United States agent or other person authorized by applicant to accept legal service in the United States (see PART IV) (U.S. applicants may appoint themselves as agent, eliminating the need to complete Part IV.) 110 5. EVIDENCE OF FINANCIAL RESPONSIBILITY (Part II of 4 Parts) Please list each vessel for which a Certificate is desired. Vessels for which the operator named in item I (a) is not responsible should not be listed in this form. In column (f) indicate the number "I" if the operator is also the registered owner. Indicate "2" in column (f) if the operator is not the registered owner. |