[Federal Register Volume 70, Number 136 (Monday, July 18, 2005)]
[Notices]
[Pages 41223-41225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14040]


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FEDERAL MARITIME COMMISSION


Agency Information Collection Activities: Submission for OMB 
Review; Comment Request

July 15, 2005.
    The Federal Maritime Commission (FMC or Commission) has submitted 
the following information collection requirements to the Office of 
Management and Budget (OMB) for review and clearance under the 
Paperwork Reduction Act of 1995 (Pub. L. 104-13). Comments regarding 
(1) the necessity and utility of the proposed information collection 
for the proper performance of the agency's functions; (2) the accuracy 
of the estimated burden; (3) ways to enhance the quality, utility, and 
clarity of the information to be collected; and (4) the use of 
automated collection techniques or other forms of information 
technology to minimize the information collection burden should be 
addressed to: Office of Information and Regulatory Affairs, Office of 
Management and Budget, Attention: Nathan Knuffman, Desk Officer for 
FMC, 725-17th Street, NW., Washington, DC 20503, [email protected] or fax (202) 395-5806, and to Derek O. 
Scarbrough, Chief Information Officer, Office of Administration, 
Federal Maritime Commission, 800 North Capitol Street, NW., Washington, 
DC 20573, (telephone: (202) 523-5800), [email protected]. Copies of the 
submission(s) may be obtained by contacting Jane Gregory on 202-523-
5800 or e-mail: [email protected].

DATES: Written comments should be received on or before August 17, 
2005, to be assured of consideration.

SUPPLEMENTARY INFORMATION:
    On May 9, 2005, the FMC published a notice and request for comments 
in the Federal Register (70 FR 24413) regarding the agency's request 
for continued approval from OMB for information collections as required 
by the Paperwork Reduction Act of 1995. The FMC received no comments on 
any of the requests for extensions of OMB clearance.
    The FMC hereby informs potential respondents that an agency may not 
conduct or sponsor, and that a person is not required to respond to, a 
collection of information unless it displays a currently valid OMB 
control number.

Information Collections Open for Comment

    Title: 46 CFR Part 540--Application for Certificate of Financial 
Responsibility/Form FMC-131.
    OMB Approval Number: 3072-0012 (Expires August 31, 2005).
    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 Stated 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.
    Current Actions: There are no changes to this information 
collection, and it is being submitted for extension purposes only.
    Type of Review: Extension.
    Needs and Uses: The information will be used by the Commission's 
staff to

[[Page 41224]]

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 50.
    Estimated Time Per Response: The time per response ranges from .5 
to 6 person-hours for reporting and recordkeeping requirements 
contained in the rules, and 8 person-hours for completing Application 
Form FMC-131. The total average time for both requirements for each 
respondent is 31.48 person-hours.
    Total Annual Burden: The Commission estimates the total person-hour 
burden at 1,574 person-hours.
    Title: 46 CFR Part 565--Controlled Carriers.
    OMB Approval Number: 3072-0060 (Expires August 31, 2005).
    Abstract: Section 9 of the Shipping Act of 1984 requires that the 
FMC 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.
    Current Actions: There are no changes to this information 
collection, and it is being submitted for extension purposes only.
    Type of Review: Extension.
    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 
is 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 8 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 8. The FMC 
cannot anticipate when a new carrier may enter the trade; therefore, 
the number of annual respondents could increase to 10 or more at any 
time.
    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 56 person-hours per year.
    Title: 46 CFR Part 525--Marine Terminal Operator Schedules and 
Related Form FMC-1.
    OMB Approval Number: 3072-0061 (Expires August 31, 2005).
    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.
    Current Actions: There are no changes to this information 
collection, and it is being submitted for extension purposes only.
    Type of Review: Extension.
    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 247, of which 168 opt to make their schedules 
available to the public.
    Estimated Time Per Response: The time per response for completing 
Form FMC-1 averages .5 person hours, and approximately 5 person-hours 
for related MTO schedules.
    Total Annual Burden: The Commission estimates the total person-hour 
burden at 964 person-hours.
    Title: 46 CFR Part 520--Carrier Automated Tariff Systems and 
Related Form FMC-1.
    OMB Approval Number: 3072-0064 (Expires August 31, 2005).
    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.
    Current Actions: There are no changes to this information 
collection, and it is being submitted for extension purposes only.
    Type of Review: Extension.
    Needs and Uses: The Commission uses information obtained from Form 
FMC-1 to ascertain the location of common carrier and conference tariff 
publications, and to access their provisions regarding rules, rates, 
charges and practices.
    Frequency: This information is collected when common carriers or 
conferences publish tariffs.
    Type of Respondents: Persons desiring to operate as common carriers 
or conferences.

[[Page 41225]]

    Number of Annual Respondents: The Commission estimates an annual 
respondent universe of 3,500.
    Estimated Time Per Response: The time per response for completing 
Form FMC-1 averages .5 person hours, and approximately 5.6 person-hours 
for related tariff publication.
    Total Annual Burden: The Commission estimates the total person-hour 
burden at 364,200 person-hours.
    Title: 46 CFR Part 530--Service Contracts and Related Form FMC-83.
    OMB Approval Number: 3072-0065 (Expires August 31, 2005).
    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.
    Current Actions: There are no changes to this information 
collection, and it is being submitted for extension purposes only.
    Type of Review: Extension.
    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.
    Type 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 140.
    Estimated Time Per Response: The time per response for completing 
Form FMC-83 averages .5 person hours, and approximately 27 person-hours 
for reporting and recordkeeping requirements contained in the rules.
    Total Annual Burden: The Commission estimates the total person-hour 
burden at 528,770 person-hours.

Bryant L. VanBrakle,
Secretary.
[FR Doc. 05-14040 Filed 7-15-05; 8:45 am]
BILLING CODE 6730-01-P