[Federal Register Volume 67, Number 119 (Thursday, June 20, 2002)]
[Notices]
[Pages 41996-42000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-15502]


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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 
transmitting clearance packages to the Office of Management and Budget 
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); 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). The Commission received one 
comment in response to the Notice.

DATES: Comments must be submitted on or before July 22, 2002.

ADDRESSES: Send written comments to:

Office of Information and Regulatory Policy, Office of Management and 
Budget, New Executive Office Building, Docket Room, Rm. 10201, 
Washington, DC 20503. Attn: Desk Officer for the Federal Maritime 
Commission.

And to:

Secretary, Federal Maritime Commission, 800 N. Capitol Street, NW., 
Washington, DC 20573.

    Comments in electronic form should be sent to: [email protected] 
and [email protected].

FOR FURTHER INFORMATION: Send requests for copies of the current OMB 
clearances to: George D. Bowers,

[[Page 41997]]

Director, Office of Information Resources Management, Federal Maritime 
Commission, 800 North Capitol Street, NW., Washington, DC 20573. 
Telephone: (202) 523-5835. [email protected].

SUPPLEMENTARY INFORMATION: On March 7, 2002, the Federal Maritime 
Commission published a notice and request for comments (Notice) in the 
Federal Register regarding the Commission's request for continued 
approval from the Office of Management and Budget (OMB) for information 
collections as required by the Paperwork Reduction Act of 1995. 67 FR 
10407. One comment was received in response to the Notice with sole 
regard to OMB No. 3072-0045, the OMB certification for the Commission's 
information collection regarding agreements of marine terminal 
operators and ocean common carriers, as required and authorized by 
section 46 U.S.C. app. secs. 1703-1705 and Commission regulation 46 CFR 
part 535. That comment is addressed below. The Commission received no 
comments on any of the other requests for extensions of OMB clearance.

Comments of the Ocean Carrier Working Group Agreement on OMB Approval 
Number 3072-0045

Summary of the Comments

    The Commission received comments on this request for an extension 
of OMB clearance from the Ocean Carrier Working Group Agreement 
(OCWGA), which is made up of twelve agreements filed under the Shipping 
Act of 1984, whose members in turn are forty-one ocean common 
carriers.\1\ OCWGA comments that, based upon the experience of its 
members, the Commission has underestimated the burden involved in 
complying with the monitoring report requirements for ``Class A'' 
agreements and urges the Commission to revise both its estimates of 
that burden and the reporting requirements themselves. OCWGA suspects 
that the disparity between its estimate and that of the FMC may be due 
to the omission from the FMC's estimate of time spent by the agreement 
secretariat in preparing the monitoring reports and to an 
underestimation of the time it takes carriers to complete the 
monitoring reports.
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    \1\ A.P. Moller-Maersk Sealand; APL Co. PTE, Ltd./American 
President Lines, Ltd.; Crowley Liner Services, Inc.; King Ocean 
Services, Ltd.; Seaboard Marine, Ltd.; Frontier Liner Services; 
Alianca Navegacao e Logistica Ltda.; CMA CGM, S.A.; Companhia Libra 
de Navegacao d/b/a Braztrans Line; CSAV d/b/a Euroatlantic Container 
Line and Chilean Line; Evergreen Marine Corporation (Taiwan) Ltd.; 
Hamburg-Sudamerikanische Dampfschifffahrtsgesellschaft KG d/b/a 
Columbus Line and Crowley American Transport; Lykes Lines Ltd., LLC; 
Mediterranean Shipping Company, S.A.; Montemar Maritima, S.A. d/b/a 
Pan American Independent Line; P&O Nedlloyd B.V./P&O Nedlloyd, Ltd.; 
Safmarine Container Lines, N.V.; Senator Lines GMbH; Zim Israel 
Navigation Co., Ltd.; Farrell Lines, Inc.; Italia di Navigazione, 
S.p.A.; The National Shipping Company of Saudi Arabia; United Arab 
Shipping Company (S.A.G.); Atlantic Container Line AB; Hapag-Lloyd 
Container Linie GMbH; Nippon Yusen Kaisha; Orient Overseas Container 
Line; Cosco Container Lines Company Ltd.; Hanjin Shipping Company, 
Ltd.; Hyundai Merchant Marine Co., Ltd.; Kawasaki Kisen Kaisha, 
Ltd.; Mitsui O.S.K. Lines, Ltd.; Yangming Marine Transport Corp.; 
Australia-New Zealand Direct Line, a division of CP Ships (U.K.), 
Ltd.; Contship Containerlines, a division of CP Ships (U.K.), Ltd.; 
Wallenius Wilhelmsen Lines AS; Compagnie Marseille Fret; Fesco Ocean 
Management Ltd. d/b/a Fesco Australia North America Line; Compania 
Chilena de Navegacion Interoceania, S.A.; South Pacific Shipping 
Company, Ltd. d/b/a Ecuadorian Line; and Trinity Shipping Line.
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    OCWGA asserts that the 170 person-hours per annum estimated by the 
Commission is too low. OCWGA estimates that the time it takes Class A 
agreements to collect and submit the information required on a 
quarterly basis by the monitoring requirements ranges from 10 person-
hours per quarter to 100 person-hours per quarter, or, over the course 
of a year, between 40 and 400 person-hours on a per-agreement basis. 
The agreement secretariat obtains the information from its member 
carriers; OCWGA estimates that each carrier spends between 6 and 40 
person-hours per quarter on the monitoring report data collection and 
assembly, or between 24 and 160 person-hours per annum.
    Taking an average-size membership agreement made up of 7 carriers, 
and assuming that each carrier member of that Class A agreement spends 
24 person-hours per annum on the monitoring report, in total, the 
members of that agreement will together spend 168 person-hours on 
monitoring reports annually. The agreement secretariat for that 
agreement, OCWGA estimates, may spend approximately 40 person-hours on 
the monitoring reports on an annual basis; then the agreement 
secretariat and its members, taken together, would spend 208 person-
hours per annum on the Class A monitoring report. This estimate, 208 
person-hours per annum, is approximately 20% higher than the 
Commission's estimate of 170 person-hours per annum. OCWGA suspects 
that the reason for the disparity is that the Commission neglected to 
estimate the time spent by an agreement secretariat, rather than just 
the carrier members of the agreement, in preparing the monitoring 
reports.
    OCWGA's comments also urge the Commission to revise its current 
monitoring report requirements because they do not meet either: (1) the 
standards of the Paperwork Reduction Act of 1995, 44 U.S.C. 3501(1), 
and the Shipping Act of 1984, 46 U.S.C. app. sec. 1701(2) (which both 
call for a minimizing of regulatory burdens on industry); or (2) the 
current practical requirements of the Commission. OCWGA asserts that 
the dated and voluminous information required to be filed in the Class 
A monitoring report does not meet the needs of the Commission and 
imposes an undue burden on the industry. Therefore, OCWGA urges the 
Commission to eliminate the Class A monitoring report and redesignate 
the current Class B monitoring report as an ``A/B monitoring report.'' 
OCWGA also urges the Commission specifically to delete both: (1) The 
``Other Agreements'' requirement, because the Commission already has 
that information; and (2) the ``Port Service'' requirement, because 
that information is typically of questionable value.

Discussion

    OCWGA's comments appear to have misconstrued the Commission's 
estimate as having been based on a per-annum, rather than on a per-
filing basis. The estimated per filing per respondent (which also did 
include agreement secretariats mentioned by OCWGA) person-hour burden 
for preparing a single Class A monitoring report was 170 hours. OCWGA's 
estimate was (on a per-respondent per-filing basis) a maximum of 100 
person-hours, whereas that of the Commission was 170 person-hours. 
Nevertheless, the Commission has increased this estimated burden as 
discussed below.
    In April 2002, Commission staff interviewed attorneys at two law 
firms that handle the filing of a large percentage of the agreements 
filed with the Commission. They indicated that the current estimated 
hour burden for compiling and filing an agreement was ``too low'' and 
that the current estimated hour burden for a Class A monitoring report 
was also ``too low.''
    Based on these remarks, as well as those of OCWGA in the comments 
summarized above, the Commission has adjusted the estimated burdens as 
follows. Originally, the Commission had estimated a per-filing burden 
for original agreement and amendment filings at 70 person-hours per 
filing; this was increased to 76 person-hours per filing. The estimated 
hour burden for Class A monitoring reports was increased from 170 to 
225 hours. The second estimate represents an increase

[[Page 41998]]

of approximately 25 percent over the Commission's original estimate.
    The Commission originally created different monitoring report 
requirements for different classes of agreements based on market share 
and authority. It found that Class A agreements were those which were 
most likely to be of concern to the Commission and as such, the 
information required in those monitoring reports therefore reflects a 
greater level of detail than for other classes of agreements. The 
Commission constantly considers ways to improve its information 
collection and intends specifically to review and revise its monitoring 
report requirements. OCWGA's comments regarding specific revisions to 
the monitoring reports requirements will be considered at that time.

OMB Approval Requests by OMB Approval Number

1. Security for the Protection of the Public and Related Application 
Form FMC-131, Application for a Certificate of Financial Responsibility

    OMB Approval Number: 3072-0012 (Expires November 30, 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 (1) establish 
their financial responsibility to meet liability incurred for death or 
injury to passengers and other persons, and to (2) 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 or stateroom accommodations 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.

2. Licensing, Financial Responsibility Requirements and General Duties 
for Ocean Transportation Intermediaries and FMC Form 18

    OMB Approval Number: 3072-0018 (Expires August 31, 2002).
    Abstract: Section 19 of the Shipping Act of 1984, 46 U.S.C. app. 
sec. 1718, provides that no person in the United States may act as an 
ocean transportation intermediary (OTI) unless 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.

3. Ocean Common Carrier and Marine Terminal Operator Agreements

    OMB Approval Number: 3072-0045 (Expires August 31, 2002).
    Abstract: The Shipping Act of 1984, 46 U.S.C. app. secs. 1703-1705, 
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. Commission rules at 46 CFR part 535 set forth 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 the greatest 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 360 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

[[Page 41999]]

these regulations. The number of annual respondents under this program 
will vary according to the number of agreements subject to the 
reporting obligation. The current estimated potential universe of 
respondents subject to quarterly monitoring reports is 420. In FY 2001, 
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 current estimate 
of the average burden per respondent is 76 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 
is estimated to be about 20 person-hours. Class A/B agreements require 
more detailed data and hence a greater burden. It is estimated that 
Class B monitoring reports require about 130 person-hours, and Class A 
reports about 225 person-hours. The current estimated time per 
respondent under the record-keeping obligations of the regulation is 
five person-hours.
    Total Annual Burden: The current revised annual burden on 
respondents is estimated at 88,970 person-hours: 85,580 person-hours as 
the filing burden, and 3,390 person-hours as the record-keeping burden.

4. Controlled Carriers

    OMB Approval Number: 3072-0060 (Expires August 31, 2002).
    Abstract: Section 9 of the Shipping Act of 1984, 46 U.S.C. app. 
sec. 1708, requires that the 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. Commission regulations at 46 CFR part 565 
establish the method by which the Commission determines whether a 
particular ocean common carrier is a controlled carrier subject to 
section 9 of the Act. 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 notifications at 70 person-hours per year.

5. Marine Terminal Operator Schedules and Related Form FMC-1

    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 person-hours per schedule.
    Total Annual Burden: The Commission estimates the total person-hour 
burden at 930.

6. Carrier Automated Tariff Systems and Related Form FMC-1

    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 3,000.
    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.

7. Service Contracts

    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

[[Page 42000]]

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. The 
carrier party is responsible for filing the service contract.
    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.

Bryant L. VanBrakle,
Secretary.
[FR Doc. 02-15502 Filed 6-19-02; 8:45 am]
BILLING CODE 6730-01-P