[Federal Register Volume 67, Number 45 (Thursday, March 7, 2002)]
[Notices]
[Pages 10407-10409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5358]


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FEDERAL MARITIME COMMISSION


Notice of Request for Public Comments Regarding Extensions to 
Existing OMB Clearances

AGENCY: Federal Maritime Commission.

ACTION: Notice.

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SUMMARY: The Federal Maritime Commission (FMC or Commission) is 
preparing submissions to the Office of Management and Budget (OMB) for 
continued approval of the following information collections (extensions 
with no changes) under the provisions of the Paperwork Reduction Act of 
1995, as amended: OMB No. 3072-0012 (Security for the Protection of the 
Public and Related Application Form FMC-131, Application for a 
Certificate of Financial Responsibility); OMB No. 3072-0018 (Licensing, 
Financial Responsibility Requirements and General Duties for Ocean 
Transportation Intermediaries and FMC Form 18); OMB No. 3072-0045 
(Ocean Common Carrier and Marine Terminal Operator Agreements Subject 
to the Shipping Act of 1984); OMB No. 3072-0060 (Controlled Carriers); 
OMB No. 3072-0061 (Marine Terminal Operator Schedules and Related Form 
FMC-1); OMB No. 3072-0064 (Carrier Automated Tariff Systems and Related 
Form FMC-1); and OMB No. 3072-0065 (Service Contracts). Comments 
submitted in response to this notice will be summarized and/or included 
in the request for OMB approval and will become a matter of public 
record.

DATES: Comments must be submitted on or before May 6, 2002.

ADDRESSES: Send comments to: Austin L. Schmitt, Deputy Executive 
Director, Federal Maritime Commission, 800 North Capitol Street, NW., 
Washington, DC 20573, (Telephone: (202) 523-5800), [email protected].

FOR FURTHER INFORMATION CONTACT: Send requests for copies of the 
current OMB clearances to: George D. Bowers, Director, Office of 
Information Resources Management, Federal Maritime Commission, 800 
North Capitol Street, NW., Washington, DC 20573, (Telephone: (202) 523-
5835, [email protected], or visit our Website at http://www.fmc.gov.

SUPPLEMENTARY INFORMATION:
    OMB Approval Number: 3072-0012 (Expires May 31, 2002).
    Abstract: Sections 2 and 3 of Public Law 89-777 (46 U.S.C. app. 
817(d) and (e)) require owners or charterers of passenger vessels with 
50 or more passenger berths or stateroom accommodations and embarking 
passengers at United States ports and territories to establish their 
financial responsibility to meet liability incurred for death or injury 
to passengers and other persons, and to indemnify passengers in the 
event of nonperformance of transportation. The Commission's Rules at 46 
CFR part 540 implement Public Law 89-777 and specify financial 
responsibility coverage requirements for such owners and charterers.
    Needs and Uses: The information will be used by the Commission's 
staff to ensure that passenger vessel owners and charterers have 
evidenced financial responsibility to indemnify passengers and others 
in the event of nonperformance or casualty.
    Frequency: This information is collected when applicants apply for 
a certificate or when existing certificants change any information in 
their application forms.
    Type of Respondents: The types of respondents are owners, 
charterers and operators of passenger vessels with 50 or more passenger 
berths that embark passengers from U.S. ports or territories.
    Number of Annual Respondents: The Commission estimates an annual 
respondent universe of 60.
    Estimated Time Per Response: The time per response ranges from .5 
to 6 hours for complying with the regulations and 8 hours for 
completing Application Form FMC-131. The total average time for both 
requirements for each respondent is 34.66 person-hours.
    Total Annual Burden: The Commission estimates the total person-hour 
burden at 2,080 person-hours.
    OMB Approval Number: 3072-0018 (Expires August 31, 2002).
    Abstract: Section 19 of the Shipping Act of 1984, 46 U.S.C. app. 
1718, provides that no person in the United States may act as an ocean 
transportation intermediary (OTI) unless

[[Page 10408]]

that person holds a license issued by the Commission. The Commission 
shall issue an OTI license to any person that the Commission determines 
to be qualified by experience and character to act as an OTI. Further, 
no person may act as an OTI unless that person furnishes a bond, proof 
of insurance or other surety in a form and amount determined by the 
Commission to insure financial responsibility. The Commission has 
implemented the provisions of section 19 in regulations contained in 46 
CFR part 515, including financial responsibility forms FMC-48, FMC-67, 
FMC-68, and FMC-69, and its related license application form, FMC-18.
    Needs and Uses: The Commission uses information obtained from Form 
FMC-18, as well as information contained in the Commission's files and 
letters of reference, to determine whether an applicant meets the 
requirements for a license. If the collection of information were not 
conducted, there would be no basis upon which the Commission could 
determine if applicants are qualified for licensing.
    Frequency: This information is collected when applicants apply for 
a license or when existing licensees change certain information in 
their application forms.
    Type of Respondents: Persons desiring to obtain a license to act as 
an OTI.
    Number of Annual Respondents: The Commission estimates an annual 
respondent universe of 3,450.
    Estimated Time Per Response: The time per response for completing 
Application Form FMC-18 averages 1.5 hours.
    Total Annual Burden: The Commission estimates the total person-hour 
burden at 5,175 person-hours.
    OMB Approval Number: 3072-0045 (Expires August 31, 2002).
    Abstract: The Shipping Act of 1984, 46 U.S.C. app. 1701 et seq., 
requires certain classes of agreements between and among ocean common 
carriers and marine terminal operators to be filed with the Commission, 
specifies the mandatory content of those agreements, and defines the 
Commission's authorities and responsibilities in overseeing those 
agreements. 46 CFR 535 establishes the form and manner for filing 
agreements and for the underlying commercial data necessary to evaluate 
agreements.
    Needs and Uses: Under its pre-effectiveness review process, the 
Commission reviews agreement filings to determine statutory and 
regulatory compliance, as well as to assess any anti-competitive impact 
the agreement may have. After agreements become effective, the 
Commission continues to monitor agreement activities to ensure 
continued statutory and regulatory compliance. To accomplish this, the 
Commission continuously gathers, reviews, and interprets commercial 
data regarding the impact of agreements on competition, prices, and 
service in the U.S. foreign trades.
    Frequency: The Commission has no control over how frequently 
agreements are entered into; this is solely a matter between the 
negotiating parties. When parties do reach an agreement that falls 
within the jurisdiction of the Commission, that agreement must be filed 
with the Commission. Ongoing surveillance of agreement activities is 
conducted through the review of minutes and quarterly monitoring 
reports filed by certain types of agreements the Commission has 
identified as having greater potential effects on competition.
    Type of Respondents: Parties that enter into agreements subject to 
the Commission's oversight are ocean common carriers and marine 
terminal operators operating in the U.S. foreign trades.
    Number of Annual Respondents: Over the last five years the 
Commission has averaged 362 agreement filings a year from an estimated 
potential universe of 682 regulated entities. Starting in 1996, certain 
agreements were required to file quarterly monitoring reports under 
these regulations. The number of annual respondents under this program 
will vary according to the number of agreements subject to the 
reporting obligation. Last year, agreements subject to the monitoring 
report requirements filed 221 reports.
    Estimated Time Per Response: It is estimated that the time for 
preparing and filing an agreement ranges anywhere from as little as 
three person-hours to as much as 150 person-hours. The latest estimate 
of the average burden per respondent was 70 person-hours. Time required 
for preparing monitoring reports varies according to the complexity of 
the filing obligation. Class C agreements have the least burden, and it 
was estimated to be about 20 person-hours. Class A/B agreements require 
more detailed data and hence a greater burden. It was estimated that 
Class B monitoring reports require about 130 person-hours, and Class A 
reports about 170 person-hours. The latest estimated time per 
respondent under the record-keeping obligations of the regulation was 
five person-hours.
    Total Annual Burden: The latest reported annual burden on 
respondents was estimated at 109,750 person-hours: 105,000 person-hours 
as the filing burden, and 4,750 person-hours as the record-keeping 
burden.
    OMB Approval Number: 3072-0060 (Expires August 31, 2002).
    Abstract: Section 9 of the Shipping Act of 1984 requires that the 
Federal Maritime Commission monitor the practices of controlled 
carriers to ensure that they do not maintain rates or charges in their 
tariffs and service contracts that are below a level that is just and 
reasonable; nor establish, maintain or enforce unjust or unreasonable 
classifications, rules or regulations in those tariffs or service 
contracts which result or are likely to result in the carriage or 
handling of cargo at rates or charges that are below a just and 
reasonable level. 46 CFR part 565 establishes the method by which the 
Commission determines whether a particular ocean common carrier is a 
controlled carrier subject to section 9 of the Shipping Act of 1984. 
When a government acquires a controlling interest in an ocean common 
carrier, or when a controlled carrier newly enters a United States 
trade, the Commission's rules require that such a carrier notify the 
Commission of these events.
    Needs and Uses: The Commission uses these notifications in order to 
effectively discharge its statutory duty to determine whether a 
particular ocean common carrier is a controlled carrier and therefore 
subject to the requirements of section 9 of the Shipping Act of 1984.
    Frequency: The submission of notifications from controlled carriers 
are not assigned to a specific time frame by the Commission; they are 
submitted as circumstances warrant. The Commission only requires 
notification when a majority portion of an ocean common carrier becomes 
owned or controlled by a government, or when a controlled carrier newly 
begins operation in any United States trade.
    Type of Respondents: Controlled carriers are ocean common carriers 
which are owned or controlled by a government.
    Number of Annual Respondents: Although it is estimated that only 5 
of the 14 currently-classified controlled carriers may respond in any 
given year, because this is a rule of general applicability, the 
Commission considers the number of annual respondents to be 10.
    Estimated Time Per Response: The estimated time for compliance is 7 
person-hours per year.
    Total Annual Burden: The Commission estimates the person-hour 
burden required to make such

[[Page 10409]]

notifications at 70 person-hours per year.
    OMB Approval Number: 3072-0061 (Expires August 31, 2002).
    Abstract: Section 8(f) of the Shipping Act of 1984, 46 U.S.C. app. 
1707(f), provides that a marine terminal operator (MTO) may make 
available to the public a schedule of its rates, regulations, and 
practices, including limitations of liability for cargo loss or damage, 
pertaining to receiving, delivering, handling, or storing property at 
its marine terminal, subject to section 10(d)(1), 46 U.S.C. app. 
1709(d)(1), of the Act. The Commission's rules governing MTO schedules 
are set forth at 46 CFR part 525.
    Needs and Uses: The Commission uses information obtained from Form 
FMC-1 to determine the organization name, organization number, home 
office address, name and telephone number of the firm's representatives 
and the location of MTO schedules of rates, regulations and practices, 
and publisher, should the MTOs determine to make their schedules 
available to the public, as set forth in section 8(f) of the Shipping 
Act.
    Frequency: This information is collected prior to an MTO's 
commencement of its marine terminal operations.
    Type of Respondents: Persons operating as MTOs.
    Number of Annual Respondents: The Commission estimates the 
respondent universe at 186.
    Estimated Time Per Response: The Commission estimates an average of 
five hours per schedule.
    Total Annual Burden: The Commission estimates the total person-hour 
burden at 930.
    OMB Approval Number: 3072-0064 (Expires August 31, 2002).
    Abstract: Except with respect to certain specified commodities, 
section 8(a) of the Shipping Act of 1984, 46 U.S.C. app. 1707(a), 
requires that each common carrier and conference shall keep open to 
public inspection, in an automated tariff system, tariffs showing its 
rates, charges, classifications, rules, and practices between all ports 
and points on its own route and on any through transportation route 
that has been established. In addition, individual carriers or 
agreements among carriers are required to make available in tariff 
format certain enumerated essential terms of their service contracts. 
46 U.S.C. app. 1707(c). The Commission is responsible for reviewing the 
accessibility and accuracy of automated tariff systems, in accordance 
with its regulations set forth at 46 CFR part 520.
    Needs and Uses: The Commission uses information obtained from Form 
FMC-1 to ascertain the location of common carrier and conference tariff 
publications.
    Frequency: This information is collected when common carriers or 
conferences publish tariffs.
    Type of Respondents: Persons desiring to operate as common carriers 
or conferences.
    Number of Annual Respondents: The Commission estimates an annual 
respondent universe of 3000.
    Estimated Time Per Response: The time per response averages five 
person-hours per respondent for Form FMC 1 and tariff publication 
matters.
    Total Annual Burden: The Commission estimates the total person-hour 
burden at 313,400 person-hours.
    OMB Approval Number: 3072-0065 (Expires August 31, 2002).
    Abstract: The Shipping Act of 1984, 46 U.S.C. app. 1707, requires 
service contracts, except those dealing with bulk cargo, forest 
products, recycled metal scrap, new assembled motor vehicles, waste 
paper or paper waste, and their related amendments and notices to be 
filed confidentially with the Commission.
    Needs and Uses: The Commission monitors service contract filings 
for acts prohibited by the Shipping Act of 1984.
    Frequency: The Commission has no control over how frequently 
service contracts are entered into; this is solely a matter between the 
negotiating parties. When parties enter into a service contract it must 
be filed with the Commission.
    Types of Respondents: Parties that enter into service contracts are 
ocean common carriers and agreements among ocean common carriers on the 
one hand, and shippers or shipper's associations on the other.
    Number of Annual Respondents: The Commission estimates an annual 
respondent universe of 155.
    Estimated Time Per Response: The time per response ranges from one 
to eight hours.
    Total Annual Burden: The Commission estimates the total person-hour 
burden at 303,953.

Theodore A. Zook,
Assistant Secretary.
[FR Doc. 02-5358 Filed 3-6-02; 8:45 am]
BILLING CODE 6730-01-P