[Federal Register Volume 84, Number 105 (Friday, May 31, 2019)]
[Notices]
[Pages 25274-25275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11386]
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FEDERAL MARITIME COMMISSION
Agency Information Collection Activities: 60-Day Public Comment
Request
AGENCY: Federal Maritime Commission.
ACTION: Notice and request for comments.
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SUMMARY: The Federal Maritime Commission (Commission), will be
submitting an Information Collection Request (ICR) to the Office of
Management and Budget (OMB) for review and approval in accordance with
the Paperwork Reduction Act of 1995. The ICR is for reinstatement with
change of a previously approved information collection, which expired
on March 31, 2019. Prior to submitting the ICR to OMB, the Commission
invites comments on the information collection reinstatement listed
below in this notice.
DATES: Written comments must be submitted on or before July 30, 2019.
ADDRESSES: You may send comments by the following methods. Please
reference the information collection's title and OMB number in your
comments.
Email: [email protected]. Comments should be attached to the
email as a Microsoft Word or text-searchable PDF document. Only non-
confidential and public versions of confidential comments should be
submitted by email.
Mail: Karen V. Gregory, Managing Director, Office of the
Managing Director, Federal Maritime Commission, 800 North Capitol
Street NW, Washington, DC 20573.
FOR FURTHER INFORMATION CONTACT: Copies of the information collection
and instructions, or copies of any comments received, may be obtained
by contacting Donna Lee at (202) 523-5800 or email: [email protected].
SUPPLEMENTARY INFORMATION:
Request for Comments
The 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 information collection reinstatement
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 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 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 Collection Open for Comment
Title: 46 CFR 515--Licensing, Financial Responsibility
Requirements, and General Duties for Ocean Transportation
Intermediaries and Related Forms.
[[Page 25275]]
OMB Approval Number: 3072-0018 (Expired March 31, 2019).
Abstract: The Shipping Act of 1984 (the Act), 46 U.S.C. 40101-41309
(2006), as modified by Public Law 105-258 (The Ocean Shipping Reform
Act of 1998) and Section 424 of Public Law 105-383 (The Coast Guard
Authorization Act of 1998), 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 ensure financial responsibility. The Commission has
implemented the Act's OTI requirements in regulations contained in 46
CFR part 515, including financial responsibility Forms FMC-48, FMC-67,
FMC-68, and FMC-69, Optional Rider Forms FMC-48A and FMC-69A, its
related license application Form FMC-18, and the related foreign-based
unlicensed NVOCC registration/renewal Form FMC-65.
Type of Request: Reinstatement, with changes of a previously
approved collection for which approval has expired.
Proposed Changes: The proposed changes to the collection reflect
proposed changes to Part 515 in a recent rulemaking, which include: (a)
Removing optional paper application process and related reference to
fee amounts; (b) clarifying language specifying who can be the
Qualifying Individual in a partnership between entities other than
individuals; (c) updating description of processes regarding renewals,
bonds, and terminations; (d) expanding the types of applications
subject to direct Commission review to include applicants employing the
same officers, managers, or members of an OTI whose license was revoked
or denied within the previous three years; (e) clarifying that sureties
provide the organization number of OTIs with claim details for
registered NVOCCs; (f) adding the submission of Form FMC-1 prior to
being licensed; and (g) deleting reference to availability of the
Regulated Person's Index (RPI) upon request.
Most of the proposed changes seek to streamline licensing,
registration, renewal, and termination processes so that the Commission
and licensees and registrants can receive and transmit documents
electronically; remove references to paper application and registration
forms on the basis that no requests for waivers were received; and
assist carriers in verifying an NVOCC's compliance with OTI licensing,
tariff, and financial responsibility requirements by adding the
requirement that Form FMC-1 be submitted prior to issuance of an OTI
license. Electronic filing of applications, registrations, and
financial responsibility documents reduces cost to OTIs and the
Commission and facilitates Commission review and issuance of OTI
licenses and registrations. The Commission currently issues OTI
licenses upon receipt of evidence of financial responsibility.
Licensees that are NVOCCs must publish a tariff and notify the
Commission using Form FMC-1, prior to commencing NVOCC service. The
proposed change to issue an NVOCC OTI license upon receipt of financial
responsibility and Form FMC-1 will assist common carriers in
determining an NVOCC's compliance with the OTI licensing, tariff, and
financial responsibility requirements. Foreign-registered NVOCCs submit
a Form FMC-65, Form FMC-1, and evidence of financial responsibility to
the Commission prior to commencing NVOCC service. The Commission is
clarifying that sureties provide the organization number of OTIs with
claim details for registered NVOCCs. The sureties currently provide
similar identifying information for licensed OTIs. Data contained in
the RPI can be downloaded at no cost from the Commission's website, and
therefore the Commission is proposing to delete reference of the
availability of the RPI.
Purpose: The Commission uses information obtained under this part
and through Form FMC-18 to determine the qualifications of OTIs and
their compliance with the Act and regulations and to enable the
Commission to discharge its duties under the Act by ensuring that OTIs
maintain acceptable evidence of financial responsibility. 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. The Commission would also not be able to effectively
assess the compliance of foreign-based unlicensed NVOCCs without the
required registration information.
Frequency: This information is collected when applicants apply for
a license or registration, complete the triennial renewal, or when
existing licensees or registrants change certain information in their
application forms.
Type of Respondents: The types of respondents are persons desiring
to obtain or maintain a license or registration to act as an OTI. Under
the Act, OTIs may be either an ocean freight forwarder, a non-vessel-
operating common carrier, or both.
Number of Annual Respondents: The Commission estimates a potential
annual respondent universe of 6,475 entities.
Estimated Time per Response: The time per response to complete
application Form FMC-18 averages 2 hours and to complete the triennial
renewal is 10 minutes. The time to complete a financial responsibility
form averages 20 minutes. The time to complete Form FMC-65 to submit or
renew a registration as a foreign-based unlicensed NVOCC averages 10
minutes.
Total Annual Burden: The Commission estimates the total annual
burden at 3,941 hours.
Rachel Dickon,
Secretary.
[FR Doc. 2019-11386 Filed 5-30-19; 8:45 am]
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