[Federal Register Volume 73, Number 93 (Tuesday, May 13, 2008)]
[Notices]
[Pages 27537-27539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-10602]


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FEDERAL MARITIME COMMISSION


Agency Information Collection Activities: Proposed Collection; 
Comment Request

AGENCY: Federal Maritime Commission.

ACTION: Notice and request for comments.

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SUMMARY: As part of our continuing effort to reduce paperwork and 
respondent burden, and as required by the Paperwork Reduction Act of 
1995, the Federal Maritime Commission invites comments on the 
continuing information collections (extensions with no changes) listed 
below in this notice.

DATES: Comments must be submitted on or before July 14, 2008.

ADDRESSES: You may send comments to: Anthony Haywood, Chief Information 
Officer, Office of Administration, Federal Maritime Commission, 800 
North Capitol Street, NW., Washington, DC 20573, (Telephone: (202) 523-
5800), [email protected]. Please send separate comments for each 
specific information collection listed below. You must reference the 
information collection's title and OMB number in your comment.

FOR FURTHER INFORMATION CONTACT: To obtain additional information, 
copies of the information collections and their instructions, or copies 
of any comments received, contact Jane Gregory, Management Analyst, 
Office of Administration, Federal Maritime Commission, 800 North 
Capitol Street, NW., Washington, DC 20573, (Telephone: (202) 523-5800), 
[email protected].

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Federal Maritime Commission, as part of its continuing effort 
to reduce paperwork and respondent burden, invites the general public 
and other Federal agencies to comment on the continuing information 
collections listed in this notice, as required by the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    Comments submitted in response to this notice will be included or 
summarized in our request for Office of Management and Budget (OMB) 
approval of the relevant information collection. All comments are part 
of the public record and subject to disclosure. Please do not include 
any confidential or inappropriate material in your comments. We invite 
comments on: (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.

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 September 30, 2008).
    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 27538]]

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 8 person-hours for reporting and recordkeeping requirements 
contained in the rules, and 8 person-hours for completing Application 
Form FMC-131.
    Total Annual Burden: The Commission estimates the total person-hour 
burden at 1,478 person-hours.
    Title: 46 CFR part 565--Controlled Carriers.
    OMB Approval Number: 3072-0060 (Expires September 30, 2008).
    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.
    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. 
Classifications are reviewed periodically to determine current status 
of respondents and to increase or decrease the number of controlled 
carriers based on new circumstances. The Federal Maritime Commission 
cannot anticipate when a new carrier may enter the United States trade; 
therefore, the number of annual respondents may fluctuate from year to 
year and 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 September 30, 2008).
    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 258, of which 153 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 894 person-hours.
    Title: 46 CFR part 520--Carrier Automated Tariffs and Related Form 
FMC-1.
    OMB Approval Number: 3072-0064 (Expires September 30, 2008).
    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.

[[Page 27539]]

    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 4,200.
    Estimated Time per Response: The time per response ranges from .5 
to 2 person-hours for reporting and recordkeeping requirements 
contained in the rules, and .5 person-hours for completing Form FMC-1.
    Total Annual Burden: The Commission estimates the total person-hour 
burden at 436,500 person-hours.
    Title: 46 CFR Part 530--Service Contracts and Related Form FMC-83.
    OMB Approval Number: 3072-0065 (Expires September 30, 2008).
    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 143.
    Estimated Time per Response: The time per response ranges from .5 
to 16 person-hours for reporting and recordkeeping requirements 
contained in the rules, and .5 person-hours for completing Form FMC-83.
    Total Annual Burden: The Commission estimates the total person-hour 
burden at 617,015 person-hours.
    Title: 46 CFR part 531--NVOCC Service Arrangements and Related Form 
FMC-78.
    OMB Approval Number: 3072-0070 (Expires September 30, 2008).
    Abstract: The Shipping Act of 1984, 46 U.S.C. app. 1715, authorizes 
the FMC to exempt by rule ``any class of agreements between persons 
subject to the Act or any specified activity of those persons from any 
requirement of this Act if it finds that the exemption will not result 
in substantial reduction in competition or be detrimental to commerce. 
The Commission may attach conditions to any exemption and may, by 
order, revoke any exemption.'' 46 CFR part 531 allows non-vessel-
operating common carriers (NVOCCs) and shippers' associations with 
NVOCC members to act as shipper parties in NVOCC Service Arrangements 
(NSAs), and to be exempt from certain tariff publication requirements 
of the Shipping Act provided the carriage in question is done pursuant 
to an NSA filed with the Commission and the essential terms are 
published in the NVOCC's tariff.
    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 filed NSAs and associated data 
for monitoring and investigatory purposes and, in its proceedings, to 
adjudicate related issues raised by private parties.
    Frequency: The filing of NSAs is not assigned a specific time by 
the Commission; NSAs are filed as they may be entered into by private 
parties. When parties enter into an NSA, it must be filed with the 
Commission.
    Type of Respondents: Parties that enter into NSAs are NVOCCs and 
shippers' associations with NVOCC members.
    Number of Annual Respondents: The Commission estimates an annual 
respondent universe of 533.
    Estimated Time per Response: The time per response ranges from .5 
to 4 person-hours for reporting and recordkeeping requirements 
contained in the rules, and 1 person-hour for completing Form FMC-78.
    Total Annual Burden: The Commission estimates the total person-hour 
burden at 13,082 person-hours.

Karen V. Gregory,
Assistant Secretary.
 [FR Doc. E8-10602 Filed 5-12-08; 8:45 am]
BILLING CODE 6730-01-P