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FOR APPOINTMENT AS GENERAL AGENT, AGENT AND/OR BERTH AGENT OF THE NATIONAL SHIPPING AUTHORITY
DEPARTMENT OF COMMERCE Filed by
A citizen of
The undersigned hereby applies for appointment as:
*(1) General Agent □
*(3) Berth Agent
* Indicate service or services for which application is made.
of the National Shipping Authority, in accordance with the provisions of NSA Order No. 1 (AGE-1) (herein called the "regulations"), which the applicant agrees shall be binding in all transactions in connection with this application. Applicant also agrees that any amendment or modification of the rules and regulations (approved by the Director), after the date of publication of such amendment or modification shall be binding in all transactions.
In order to induce the Director to act favorably upon this application, the applicant submits in support thereof the following information:
Capital shares owned.
A brief description should be submitted of the principal business activities during the past ten years of each officer and director, name and title of each other principal supervisory shoreside official with statement of the responsibility and experience, and number of employees in each department including but not limited to operating manager, port captain, port engineer, port steward, traffic manager, purchasing agent, principal accountant, and treasurer. If applicant has more than one class of stock, the information requested should be furnished for each class of stock.
8. Applicant represents that it is a citizen of If applicant claims United States citizenship, submit three affidavits of United States citizenship in form prescribed by the Maritime Administration, Department of Transportation, as set forth in 46 CFR Part 355 (General Order 89, Rev.) (73 Stat. 597; 46 U.S.C. 11, 802, 888, 1244) [AGE-2, 16 FR 2888, Apr. 3, 1951, as amended by Amdt. 5, 35 FR 19351, Dec. 22, 1970. Redesignated at 45 FR 44587, July 1, 1980]
A. As to the applicant: its citizenship and affiliations.
1. Exact name.
2. Form or type of organization.
3. State or other sovereign power under the laws of which organized.
4. Address of principal executive offices. 5. A brief description of (a) the shipping business of the applicant: and (b) any other business activities of the applicant during the preceding ten years. If within such period the applicant has acquired the business of any other person or has been reorganized, there should be included a brief description of such acquisition or reorganization.
6. A list of (a) all subsidiaries, (b) parent company, and (c) all other affiliated interests of the applicant, together with an indication of the nature of the business transacted during the past ten years by each. This information may be furnished in the form of a chart, indicating clearly the relationships between the persons named, and the nature and extent of control.
7. The following information with respect ch officer and director of the applicant: e and address.
5. Measures to protect ship's payrolls.
6. Surety and form of bond.
AUTHORITY: Sec. 204, 49 Stat. 1987, as amended; 46 U.S.C. 1114.
SOURCE: AGE-3, 16 FR 6751, July 12, 1951. Redesignated at 45 FR 44587, July 1, 1980, unless otherwise noted.
Section 1. What this order does.
This order requires that General Agents, appointed under Service Agreement "G.A.A., 3/19/51” shall not advance or entrust any monies or slop chest property of the United States to a master, purser or any other member of the ship's personnel unless such person is under a bond indemnifying the United States against loss of such monies or property caused solely or in part by the dishonesty or lack of care of any such person in the performance of the duties of any petition covered by the bond.
Measures to protect ship's payrolls. (a) General Agents are not required to consider the amount of the payroll delivered to the Master at the conclusion of a voyage in determining the amount of bond required for any one person filling a bonded position hereunder. However, the person paying off the crew should be either the Master, or purser, or some other member of the ship's personnel acting for the Master who has been bonded pursuant to this order. If, however, the person paying off is a shoreside employee of the General Agent, such employee shall be bonded under the General Agents' general fidelity bond.
(b) The principal risk involved where payrolls are delivered to a vessel at the conclusion of a voyage is loss through hold-up. Therefore, reasonable protection shall be taken by all General Agents where payrolls are delivered to a vessel or elsewhere. Because the circumstances of each case will vary, the General Agents shall use their best judgment in determining whether armored car service, armed guards or similar types of protection should be employed (in other words, the General Agents should follow their usual prac
tices). The cost of these services may be included in vessel operating expenses.
(c) General Agents are not required to purchase hold-up insurance, since subject to the terms, conditions and limitations of Service Agreement "G.A.A., 3/19/51" losses resulting from this exposure are assumed by the National Shipping Authority.
Sec. 6. Surety and form of bond.
Each bond provided for by this order shall be duly executed by an authorized surety appearing on the current approved list of companies acceptable as sureties on Federal bonds published by the U.S. Treasury Department. The form of bond required by the National Shipping Authority to be used by the General Agents shall be as follows:
DEPARTMENT OF TRANSPORTATION
MARITIME ADMINISTRATION, NATIONAL
Position Fidelity Schedule Bond
In consideration of the annual premium (hereafter called the "Surety") hereby agrees to pay to or its successors (hereafter called the "Agent") or the United States of America, (hereafter called the "United States"), represented by the Director, National Shipping Authority of the Maritime Administration, Department of Transportation (hereafter called the "Director"), as their interests may appear, the amount of any pecuniary loss of money or slop chest property caused, solely or in part, by reason of the dishonesty or lack of care of any person in the performance of the duties of any position, now or hereafter listed in the Schedule of Positions and Amounts forming part hereof (hereafter called the "Schedule"), on any and all vessels from time to time allocated to the Agent by the Director. This bond is executed and accepted subject to the following agreements, limitations and conditions:
First. Liability under this bond begins with the day of 19 in respect
of each person then filling any position named in the Schedule on any and all vessels then allocated to the Agent by the Director. As to any position or positions bearing the same designation as that of any position or positions named in the Schedule on any vessel or vessels thereafter allocated to the Agent by the Director, liability under this bond shall automatically begin as soon as such position or positions are filled, pro
vided the Director or the Agent shall within ninety (90) days of the date such position or positions are filled notify the Surety in writing of the date such position or positions are filled. As between the Agent and the Director, it shall be the responsibility of the Agent to give the notice to the Surety as provided herein. Without affecting its liability hereunder, the Surety agrees that neither the Agent nor the Director need furnish the names of vessels on which positions are bonded hereunder at any time during the effective period of this bond.
Second. If the Agent or the Director shall request the Surety to increase or decrease the amount of coverage applicable to any position named in the Schedule, the Surety shall make such change by written acceptance showing the increase or decrease in the amount of coverage and the effective date thereof, which effective date shall not be prior to the date of such request; provided, however, that if the Director shall within ninety (90) days after receipt of notice of a decrease resulting from a request by the Agent, advise the Surety that it does not consent to such decrease, such decrease shall become inoperative and coverage shall continue in the amount applicable prior to such decrease as if such decrease had never been made.
forms furnished by the Surety. Prior discoery and report to the Agent of such low shall not affect the right of the Director notify the Surety of such loss and to file proof of loss. As between the Agent and the Director, it shall be the responsibility of the Agent to give the notice and to file the proof of loss with the Surety as provided herein. "Discovery and report" as used herein is defined in paragraph Tenth hereof.
Fifth. Any suit to recover on account of any loss hereunder shall be brought before the expiration of five years from the report to the Agent or the Director of the act causing such loss.
Sixth. The Agent will declare at the origi nal effective date of this bond, and at each subsequent premium anniversary date, the total number of persons then filling each position named in the Schedule, and the annual premium will be computed for the ensuing year on the basis of the aggregate coverage represented by such declaration Upon such premium anniversary date there will be a computation of additional prem um or refund of premium in proportion the change in the coverage each year.
Seventh. Settlement of any claim hereun der shall be made by check payable to the Agent unless otherwise instructed by the Director, but no settlement of any claim hereunder may be made for an amount Jes than the full amount of the loss for whic the claim is made without the written co sent of the Director thereto.
Third. If the Surety knows or has reason to believe that any person filling any position named in the Schedule has caused any loss of money or property entrusted to him by reason of his dishonesty or lack of care in the performance of the duties of such position, the Surety may terminate the coverage of this bond as to such person by giving notice in writing to the Agent and the Director at least thirty (30) days prior to the completion, in a continental United States port, of the then current voyage of the vessel on which such person is filling a position, in which case the coverage of this bond as to such person shall terminate when the crew is paid off upon such completion of the voyage. The Agent may cancel the coverage of this bond (a) as an entirety or (b) as to any position named in the Schedule by giving the Surety fifteen (15) days' written notice accompanied by written approval of the Director to such cancellation. The Director may cancel the coverage of this bond (a) as an entirety or (b) as to any position named in the Schedule upon fifteen (15) days' written notice to the Surety. In the event of any such cancellation the Surety shall refund to the Agent any unearned premiums computed pro rata.
Fourth. After discovery and report to the Agent or the Director of any loss hereunder, the Agent or the Director shall give the Surety written notice thereof, and within ninety (90) days after such written notice to the Surety shall file with the Surety affirmative proof of loss itemized and sworn to on
Eighth. The Surety shall not be entitled t any reimbursement, salvage or recovery.except from insurance, reinsurance, colla: eral or indemnity taken by the Surety for its own benefit,-on account of any los hereunder until the Agent or the Director as their interests may appear, is reimbursed in full.
Ninth. No modification or change of any nature of the provisions of this bond sha take effect unless the Director shall have given his written consent thereto, except that the Agent may increase the coverage hereunder in accordance with the provisions of paragraph First hereof without such consent of the Director.
Tenth. (a) Any action, approval or consent which by the provisions of this bond is re quired to be taken or signed by the Director shall be effective if taken or signed by the Director or by his authorized representa tive, and wherever and whenever herein any right, power, or authority is granted or given to the Director, such right, power, or authority may be exercised in all cases by his authorized representative, and the act or acts of such authorized representative, when taken shall constitute the act of the Director hereunder.
Discovery and report" by the Agent herein shall be deemed to mean disby any person and the report of such ry to an executive officer or head of artment or division concerned with iscovery and report of the Agent at gent's principal place of business the continental United States. "Disand report" by the Director shall be d to mean discovery by any person e report of such discovery to an execofficer or head of a division or section rned with such discovery and report at irector's headquarters.
Notices, approvals and requests red by the provisions hereof shall be sent e Surety addressed to it at its home e at.
SCHEDULE OF POSITIONS AND AMOUNTS
e positions set forth hereinafter in this Schedule are all located on board the vessel or vessels allocated by the Director from time to time to the Agent named herein
(d) Notices, acceptances and requests required to be sent to the Agent shall be sent to The Agent,
(Name and head office address).
(e) Notices and requests to be sent to the Director shall be addressed to the Director, National Shipping Authority of the Maritime Administration, Department of Transportation, at the Director's headquarters. Signed, sealed and dated this ➖➖➖➖, 19—-—. [corporate seal]
Attest or witness:
Number persons filling position
AGE-3, 16 FR 6751, July 12, 1951, as amended by Amdt. 1, 16 FR 9527, Sept. 19, 1951. Reesignated at 45 FR 44587, July 1, 1980]
Amount coverage on each
AUTHORITY: Sec. 204, 49 Stat. 1987, as amended; 46 U.S.C. 1114.
Section 1. What this order does.
This order prescribes the amount of compensation payable to Agents, General Agents and Berth Agents of the National Shipping Authority for services rendered in connection with the husbanding and conduct of the business of dry-cargo, passenger type and tanker vessels assigned to such agents under standard forms of Service Agreements prescribed by NSA Order No. 1 (AGE-1) as amended from time to time.
[Amdt. 2, 17 FR 2615, Mar. 26, 1952, as amended by Amdt. 9, 22 FR 521, Jan. 26, 1957. Redesignated at 45 FR 44587, July 1, 1980]
Sec. 2. Compensation of General Agents for husbanding services, etc.
(a) Except as otherwise provided, the General Agent who performs services in connection with the husbanding of the vessels and services related thereto, acts as accounting line in connection therewith, and performs duties for which no compensation is provided in other sections of this order, shall be compensated at the rate set forth in this paragraph, out of which the General Agent shall pay his sub-agents, branch houses, charges for postage and petties and customs brokers in the continental United States, and also any items of expense not authorized for inclusion in the vessel operating expenses:
(1) Dry cargo vessels. $125.00 per day per vessel for each dry-cargo vessel.
(2) Passenger vessels. $375.00 per day for passenger type vessels of 17,000 gross registered tons or over, effective October 28, 1951.
(3) Vessels assigned for the Grain Storage Program. $75.00 per day per vessel for the period the vessel is assigned for the Grain Storage Program: Provided, That if the vessel is assigned for a period of more than 10 days such compensation shall be reduced to $25.00 per day for each full day, after said 10 day period, that the vessel is determined by the Coast Director to be inactive because its movement to or from the Reserve Fleet, its preparation for loading, or its loading or discharging is stopped, effective April 15, 1953. (The Director has found that the activities of the General Agents performing services for the grain storage program are not within the scope of sections 3 and 7, of NSA Order No. 47 (AGE-4), and, pursuant to section 8(d) of said order, has exempted said activities from the provisions of said sections, and has determined that the rates prescribed in this subparagraph consitute fair and reasonable compensation for all services required to be performed by the General Agents in connection with the grain storage program.
(4) Tankers assigned for deactivation and layup. $75.00 per day per tanker for the period the tanker is assigned for deactivation and layup: Provided, That such compensation shall
be reduced to $25.00 per day for each full day the tanker is not being substantially serviced by the General Agent under NSA Order No. 66 (OPR6) or is not moving or being moved in connection with such services, as determined by the Coast Director, effective July 15, 1954. (The Director has found that the activities of General Agents performing services for tankers are not within the scope of sections 3 and 7 of NSA Order No. 47 (AGE-4), and pursuant to section 8(d) of said order, has exempted said activities from the provisions of said sections and has determined that the rates prescribed in this paragraph constitute fair and reasonable compensation for all services required to be performed by the General Agents.)
(5) Vessels withdrawn from Reserve Fleets for repairs. Effective as of August 1, 1954:
(i) Mariner ships; turbine repairs and stripping. $75.00 per day for each day the vessel is under tow from and to a Reserve Fleet and during actual stripping operation; $25.00 per day for each day such vessel is not under tow or not being stripped, as determined by the Coast Director, while assigned under this Program: Provided, That, if a vessel does not require stripping, compensation shall be payable in the sum of $25.00 per day for each day it is under assignment, whether or not
(ii) Vessels in Emergency Ship Repair Program. $50.00 per day for each day the vessel is being equipped and prepared for tow, is under tow, or is undergoing dismantling at the termination of tow, as determined by the Coast Director, while assigned under this program.
(iii) Tankers assigned for reactivation. $75.00 per day per tanker while assigned for this purpose.
(b) Upon the redelivery or total loss (not constructive total loss) of a vessel allocated to a General Agent under the Service Agreement, the compensation authorized in paragraph (a) of this section shall terminate.
(c) In determining the compensation provided in this section, part days shall be counted as whole days.
(d) Compensation of General Agents for taking inventories. (1) If a General