Guam Administrative Code

§ 180.213 Requalific.ation markings. using· a pressure sensitive !.abel.. (a} Geneml. Each cylinder or UN pres- (2J For a DOT 3HT cylinder. the test stlre reGeptacle requalifi.ect in accord- date and RIN must be applied by low- ance wl.th this subpa.rt with aeceptable stress stee…

§ 180.215 49 CFR Ch. I (lQ-1-T T Edition) permanently secured to the cylinder in (<1) For designation of the proof pres- accordance with parag-raph (b) of t.his sure test, the marking is as illustrat.ed section. An ex~tmple of the markings in paragraph (dJ of this section, except…

§ 180.217 Re<(Ualification requirements damage or deterioration of the MEGC. forMEGCs. As a minimum. an except;ional inspec- (a) Pe1·iodic inspections. Each MEGC tion of a. MEGC must include inspec- must be givHn an initial visual inspec- tion as specified in pa.ra.g-raph (a)(l) …

§ 180.3 General rt!quirements. tion, maintenance, or peri.odic requali- cal No person may represent, mark, fi.cation of DOT specification and ex- certify, sell, or offer a packaging or emption cylinders and UN pr-essure re- container as meeting· the reQuirements ceptacles. of thi…

§ 180.350 Applicability and definitions. i2l Plastics or textile flex.ible IBCs of operations, such ?os: This subpart prescribes r·equire- ii) Cleaning: or ments, in addition to those contained (ii) Replacement of non--i.nte~Tal com- in pal·ts 107, 171, 172, 173 and 178 of this s…

§ 180.352 Uequirements for retest and of a composite IBC must be removed inspection of IBCs. from the outer IBC body for inspection (a) General. Each IBC constructed in unless t.he Inner receptacle is bonded to accordance with a UN standard for the outer body or unless the outer …

§ 180.401 49 CFR Ch. I (lD-1-11 Edition) ma.rked on the IBC. the party per- § 180.403 Definitions. fol'ming the routine rnaintenance shall In addition to the definitions con- durablv mark the IBC near t;he rnanu- factur~;r's UN desig·n type marking to tained in §§ 171.8. 178.320\…

§ 180.405 49 CFR Ch. I (10-1-11 Edition) parag-raph (c)(l) may be used when au- (d} MC 338 cargo t<mk. 'rhe owner of a thorized in this part, provided- carg·o tank that conforms to and was <l.l The cargo tank initial construc- used under the terms of an exemption tion began on or…

§ 180.407 49 CFR Ch. I (10-1-11 Edition) 13,217.5 L (3,500 gallons) water capacity dioxide only'' or intended for use in transporting ill metered delivery serv- chlorine service only. ice a Division 2.1 material. a Division <2) Each owner of an MC 338 carg·o 2.2 material with a s…

§ 180.409 49 CFR Ch. I (10-1-11 Edition) <iil The carg-o tank motor vehicle's "R,egistered Inspector" in § 171.8 of this nameplate must ref1ect the revised chapter. service limits. (b) A. person who only performs an- Ci'i An owner of a carg-o tank th~>.t no nual external visual i…

§ 180.411 A(~ceptable results of tests wi!~h the edit.ion of the National Board and inspections. lnspect;ion Code in effect at the time <a) Con-r;ded OT a.bmcled a.reas. The the work is performed. minimum thickne.<;s may not be less (i) Repairs. mod.ifioati.ons. than that pz•escr…

§ 180.413 49 CFR Ch. I ( 10-1-11 Edition) bulkheads, piping and vapor recovery ment aJter minor weld repairs is not systems. required. When a. repair is made of de- (3) Each person performi.ng- a repair. fects revealed by the wet fluorescent modification. st1·etching·, reharrelli…

§ 180.415 'fest and inspection mark· [Arndt. 180-2, 56 FR 27879, June 17, 1991. a.~ ings. r~mencl.ed by Amdt. 180-3. 56 FR 66287. Dec. 20. 1991; 57 FR. 45466. Oct. l. 1992; Arndt. 180-..f>, 59 (a) Each cargo t;ank successfully li'R 49135, Sept. 26, 1994; Arndt. lll0-10. 61 FR c-o…

§ 180.417 Re-porting and record reten- in th.is section. tion requirements. (ii) ASlVJE Code Stamped ca.mo tanks. If (a) Vehicle cettification.. (1) Each the owner does not have the manufac- owner of a specification cargo tank turer's certificate required by the spec- must retain…

§ 180.501 49 CFR Ch. I ( 10-1-11 Edition) written reQuest to. and with the ap- § 180.50:3 Definitions. proval of. the Field Administrator. Re- ~rhe definitions contained in §§ 171.8 gional Service Center, Federal Motor a.nd 179.2 of this subchapter apply. Carrier Sa.fety Administ…

§ 180.509 49 CFR Ch. I (10-1-11 Edition) (.Bi 'l'he owner of the lining or coat· of the bottom longitudina,l center line; ing shall provide the pe1iodic inspec- the termi.nation of longitudinal fillet tiOJ1 interval. test technique. and a.c- welds greater than 0.64 em C0.25 inch)…

§ 180.511 49 CFR Ch. I (lG-1-1 1 Edition) midpoint between the compliance date (g) Hydrostatic test. A Class 107 tan.k in paragraph (l)(ll or (2) of this section car. or a riveted tank car successfully and the remaining ~·ears until the tank passes the hydrostatic test when it wo…

§ 180.515. tank and 5 years for service equipment: (3) A written report as specified in . 1 - f, §180.517(b) must be prepared for each 1=··..1- - · tank car that is inspec.ted and tested r under this section. Where: (b) Conditions re(Juiring i:nspection and i is the inspection an…

§ 180.517 Reporting and record reten· paragraph (b)(5) of this section. Retests tion requirements. may be made at any time during the (a}Cert:i.(ication and representation. calendar year the r-et,est falls due. Each owner of a specification tank cru· (b) P1·essu:re test.. (1) Eac…

§ 180.519 49 CFR Ch. I (10-1-11 Edition) RETEST TABLE 1 Ret~st interval--years I Mini~:;;fiet~sf Pressure relief valve -- -i Specmcation I ·rank I"' Pressure re- ' 1 /' 1 d · " pressure-ps1g 'f;,;;;;;;,o. l · ~ k -- -1-----P•_••_s_ure--.psfg Start-to· ,. : ~g;: : : : : : : : : : …

§ 180.5ll Acceptable results of inspec· ti<ms and tests. !i 180.513 Repairs, alterations, conver· Provi<led it conforms with other ap- sions, and modifications. plicable requirements of this sub- (a) In order to repair tank cars, the chapter, a tank oar is qualifi.ed for use tank…

§ 180.601 Applicability. business, a copy of the last exemption 'lllis subpart prescribes require- in effect. ments, in addition to those contained § 180.605 Requirements for periodic in parts 107, 171. 172, 173, and 178 of this testing, inspection and repair of subc.hapter, appl…

§ 180.605 49 CFR Ch.l (10-1-ll Edition) permitted by the applicable specifica- (1{) Jnspec/:ion and test markings. (1) tion; if there i.s any leakage; or if there Eaeh IM or UN portable ta.nl{ must. be are any deficieneies that would render durably and leg'ibly marked, in the por…

§ 180.60a Qualification of portable in this subpart. has l)ecome due, must tanks. be tested or inspected prior to being· re- (a) E!ach portable tank used for the t;umed for transportation. kansportation of hm::ardous mat,erials (b) Conditions requirin.o t.est and insvec- must be …

§15101. Rules and Regulations Incorporated by Reference. The rules and regulations of the Office of the Commissioner of Banking are incorporated herein by reference. (The regulations of the Office of the Commissioner of Banking can be found in 11 GCA Chapter 106.) CH. 15 - COMMIS…

§16101. Definitions. In these regulations, unless the context requires otherwise, (a) The Act means 22 GCA Division 2. (b) Affiliated company or affiliate means any company in the same corporate system as a parent or member organization by virtue of common ownership, control, ope…

§16102. Application Procedure for Captive Insurance License. (a) Contents of Application. Every applicant for a captive insurance license shall pay the $200.00 statutory application fee and file the following documents with the Commissioner: (1) A certified copy of the articles o…

§16103. Review of Applications and Issuance of Licenses. (a) The Commissioner shall review each application submitted by a company that has already been incorporated to determine whether the company meets the requirements of the Act. The Commissioner shall notify each applicant i…

§16104. Insurance Company may Convert to Captive Insurance. (a) Any non-domestic insurance company that has operated as an insurance company on Guam pursuant to a Guam Certificate of Authority during the five (5) years immediately preceding the enactment of this Chapter as set fo…

§16105. Renewal Applications. All licenses granted under the Act shall expire on the April 1 following the date of issuance. On or before March 1 of each year, every company holding a license that wishes to renew the license for an additional year shall apply to the Commissioner …

§16106 through §16110 relating to Captive Insurance Companies, and will fully comply therewith. CH. 16 - CAPTIVE INSURANCE - 1997 P. 33 Signed _____________________ (NO FEE REQUIRED) Dated ______________________ SUBSCRIBED AND SWORN TO before me this________ day of ___________, 2…

§16107. Report Form. The annual audit report shall consist of the following: (a) Opinion of Independent Certified Public Accountant. (1) Financial statements furnished pursuant to this section shall be examined by Independent Auditor in accordance with Statutory Accounting Practi…

§16108. Change of Independent Auditor. Each company that is licensed under the Act shall notify the Commissioner in writing of any change in the Independent Auditor appointed by the company. The change appointment of the Independent Auditor shall be deemed to be approved by the C…

§16109. Notice of Adverse Financial Condition. Each company that is licensed under the Act shall require its Independent Auditor to immediately notify in writing the president or his designee and all members of the board of directors of the captive insurance company of any determ…

§16110 of the regulations and that the accountant consents and agrees to make available for review by the Commissioner, his designee or his appointed agent, the work papers as defined in §16110 of the regulations. (5) That the accountant is properly licensed by the Territory of G…

§16111. Security. Whenever the Commissioner deems that the financial condition of the company warrants additional security, he may require a company to deposit with the Treasurer of Guam or an escrow agent approved by the Commissioner cash or securities approved by the Commission…

§16112. Other Requirements and Restrictions. This Chapter contains interpretations of various additional requirements and restrictions applicable to captive insurance companies. (a) Annual Meeting of the Board of Directors on Guam. (1) To fulfill the requirements of 22 GCA §23102…

§16113. Resident Registered Agent for Service of Process. The registered agent of a licensed captive insurance company shall be either an individual who resides in Guam or a corporation formed on Guam or a partnership formed on Guam that maintains an office in Guam that is regula…

§16114. Extension of Period Between Examination. Under 22 GCA §23108, requiring that the Commissioner make an examination of the affairs of each captive insurance company at least once every three years, but the Commissioner has the right, upon application, to enlarge the three y…

§16115. Restrictions on Insurance of Direct Risks by Captive Insurance Companies. (a) Title 22 Guam Code Annotated §23102(a)(1), limiting the insurance of risks by pure captive insurance companies, applies only to direct insurance of risks and not to reinsurance, which is governe…

§16116. Reinsurance. (a) Any captive insurance company authorized to do business under the Act may take credit for reserves on risks ceded to a reinsurer subject to the following limitations: (1) No credit shall be allowed for reinsurance where the reinsurance contract does not r…

§16117. Insurance Managers and Intermediaries. (a) In addition to the ‘Principal Place of Business‘ of the captive insurance company shall be a person who resides in Guam. Any entity or association organized under the laws of Guam and keeping a principal office in Guam may apply …

§16118. Directors. Every company shall report to the Commissioner within thirty days after any change in its executive officers or directors, including in its report a statement of the business and professional affiliations of any new executive officer or director. No director, o…

§16119. Conflict of Interest. In addition to the investment of funds limitation in §16118 of these regulations, each company licensed under the Act is required to adopt a conflict of interest statement for officers, directors and key employees. Such statement shall disclose that …

§16120. Suspension or Revocation. The Commissioner may, for any of the following reasons, conduct for suspension or revocation of the license of a captive insurance company in accordance with the Administrative Adjudication Law: (1) if the company has not commenced business accor…

§16121. Waiver of Hearing. (a) In the event the suspension or revocation of license is requested by the president or any board of director of the captive insurance company, such request shall be deemed to be a waiver of hearing. The Commissioner may upon receipt of such request f…

§16122. Acquisition of Control of or Merger with Domestic Company.

§16122.Acquisition of Control of or Merger with Domestic Company. No person other than the issuer shall make a tender offer for or a request or invitation for tenders of, or enter into any agreement to exchange securities for, seek to acquire, or acquire in the open market or oth…

§16123. Change of Business. Any change in the nature of the captive, business from that stated in the company's plan of operation filed with the Commissioner upon application requires prior approval from the Commissioner. Any change in any other information filed with the applica…

§18101. Authority. These Rules and Regulations are promulgated pursuant to the authority granted to the Banking Board, 11 GCA §103103 is hereinafter referred to as Banks & Banking.