[Federal Register Volume 76, Number 142 (Monday, July 25, 2011)]
[Notices]
[Pages 44327-44330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-18648]



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FEDERAL MARITIME COMMISSION




Agency Information Collection Activities: Submission for OMB 

Review; Comment Request



AGENCY: Federal Maritime Commission.



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ACTION: Notice.



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SUMMARY: The Federal Maritime Commission (Commission) is giving public 

notice that the agency has submitted to the Office of Management and 

Budget (OMB) for approval the continuing information collections 

(extensions with no changes) described in this notice. The public is 

invited to comment on the proposed information collections pursuant to 

the Paperwork Reduction Act of 1995.



DATES: Written comments must be submitted at the addresses below on or 

before August 24, 2011 to be assured of consideration.



ADDRESSES: Comments should be addressed to:



Office of Information and Regulatory Affairs, Office of Management and 

Budget, Attention: Kristy L. Daphnis, Desk Officer for Federal Maritime 

Commission, 725 17th Street, NW., Washington, DC 20503, [email protected], Fax (202) 395-5167.



    and to:



Ronald D. Murphy, Managing Director, Office of the Managing Director, 

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, and reference the information collection's title and OMB 

number in your comments.



FOR FURTHER INFORMATION CONTACT: Copies of the submission(s) may be 

obtained by contacting Jane Gregory on 202-523-5800 or e-mail: 

[email protected].



SUPPLEMENTARY INFORMATION: 



Request for Comments



    Pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104-13), 

the Commission invites the general public and other Federal agencies to 

comment on proposed information collections. On May 3, 2011, the 

Commission published a notice and request for comments in the Federal 

Register (76 FR 24881) regarding the agency's request for continued 

approval from OMB for information collections as required by the 

Paperwork Reduction Act of 1995. The Commission received no comments on 

any of the requests for extensions of OMB clearance. The Commission has 

submitted the described information collections to OMB for approval.

    In response to this notice, comments and suggestions should address 

one or more of the following points: (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 August 31, 2011).

    Abstract: Sections 2 and 3 of Public Law 89-777 (46 U.S.C. 44105-

44106) 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.

    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 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 45.

    Estimated Time per Response: The time per response ranges from 0.5 

to 8 hours for reporting and recordkeeping requirements contained in 

the rules, and 8 hours for completing Application Form FMC-131.

    Total Annual Burden: The Commission estimates the total hour burden 

at 1,294 hours.

    Title: 46 CFR part 565--Controlled Carriers.

    OMB Approval Number: 3072-0060 (Expires August 31, 2011).

    Abstract: Section 9 of the Shipping Act of 1984, 46 U.S.C. 40701-

40706, 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. 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: It is estimated that 9 of the 

currently classified controlled carriers may respond in any given year. 

Classifications are reviewed periodically to determine current status 

of respondents and to increase or decrease the number of controlled 

carriers based



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on new circumstances. The 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 

hours per year.

    Total Annual Burden: The Commission estimates the hour burden 

required to make such notifications at 63 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, 2011).

    Abstract: Section 8(f) of the Shipping Act of 1984, 46 U.S.C. 

40501(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. 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 20, of which 12 opt to make their schedules 

available to the public.

    Estimated Time per Response: The time per response for completing 

Form FMC-1 averages 0.5 hours, and approximately 5 hours for related 

MTO schedules.

    Total Annual Burden: The Commission estimates the total burden at 

70 hours.

    Title: 46 CFR part 520--Carrier Automated Tariff Systems and 

Related Form FMC-1.

    OMB Approval Number: 3072-0064 (Expires August 31, 2011).

    Abstract: Except with respect to certain specified commodities, 

section 8(a) of the Shipping Act of 1984, 46 U.S.C. 40501(a)-(c), 

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. 40502. 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.

    Number of Annual Respondents: The Commission estimates there are 

4,200 Carrier Automated Tariffs. It is estimated that the number of 

annual respondents will be 1,300.

    Estimated Time per Response: The time per response ranges from 0.1 

to 2 hours for reporting and recordkeeping requirements contained in 

the rules, and 0.5 hours for completing Form FMC-1.

    Total Annual Burden: The Commission estimates the total hour burden 

at 4,278 hours.

    Title: 46 CFR part 530--Service Contracts and Related Form FMC-83.

    OMB Approval Number: 3072-0065 (Expires August 31, 2011).

    Abstract: Section 8(c) of the Shipping Act of 1984, 46 U.S.C. 

40502, 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 141.

    Estimated Time per Response: The time per response ranges from 0.1 

to 1 hour for reporting and recordkeeping requirements contained in the 

rules, and 0.1 hour for completing Form FMC-83.

    Total Annual Burden: The Commission estimates the total hour burden 

at 79,370 hours.

    Title: 46 CFR part 531--NVOCC Service Arrangements and Related Form 

FMC-78.

    OMB Approval Number: 3072-0070 (Expires August 31, 2011).

    Abstract: Section 16 of the Shipping Act of 1984, 46 U.S.C. 40103, 

authorizes the Commission to exempt by rule ``any class of agreements 

between persons subject to this part or any specified activity of those 

persons from any requirement of this part if the Commission 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



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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 145.

    Estimated Time per Response: The time per response ranges from 0.1 

to 1 hour for reporting and recordkeeping requirements contained in the 

rules, and 1 hour for completing Form FMC-78.

    Total Annual Burden: The Commission estimates the total hour burden 

at 1,186 person-hours.



Karen V. Gregory,

Secretary.

[FR Doc. 2011-18648 Filed 7-22-11; 8:45 am]

BILLING CODE 6730-01-P