[Federal Register Volume 84, Number 185 (Tuesday, September 24, 2019)]
[Notices]
[Pages 50036-50037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20614]


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FEDERAL MARITIME COMMISSION


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

AGENCY: Federal Maritime Commission.

ACTION: Final notice of submission for OMB review.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the 
Federal Maritime Commission (Commission) hereby gives notice that it 
has submitted to the Office of Management and Budget (OMB) a request 
for a reinstatement of the existing collection of information 
requirements under Commission rules concerning Licensing, Financial 
Responsibility Requirements and General Duties for Ocean Transportation 
Intermediaries.

DATES: Written comments must be submitted on or before October 24, 
2019.

ADDRESSES: Comments should be addressed to:

Office of Information and Regulatory Affairs, Office of Management and 
Budget, Attention: Desk Officer for Federal Maritime Commission, 725 
17th Street NW, Washington, DC 20503, [email protected], Fax: 
(202) 395-5806
    and to:

Karen V. Gregory, 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 reference the information collection's title and OMB 
approved number in your comments.

FOR FURTHER INFORMATION CONTACT: Copies of the submission(s) may be 
obtained by contacting Donna Lee at 202-523-5800 or email: [email protected].

SUPPLEMENTARY INFORMATION: Pursuant to the Paperwork Reduction Act of 
1995 (44 U.S.C. 3501 et seq.), the Commission invites the general 
public and other Federal agencies to comment on the proposed 
information collection. On May 31, 2019, the Commission published a 
notice and request for comment in the Federal Register (84 FR 25274) 
regarding the agency's request to OMB for reinstatement for information 
collections as required by the Paperwork Reduction Act of 1995. The 
Commission received no comments on the request for reinstatement of OMB 
approval. The Commission has submitted the described information 
collection 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 Collection Open for Comment

    Title: 46 CFR part 515--Licensing, Financial Responsibility 
Requirements and General Duties for Ocean Transportation 
Intermediaries.
    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 insure 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

[[Page 50037]]

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 license 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, licensees and registrants can receive and transmit 
documents electronically; remove references to paper license 
application and registration forms on the basis that no requests for 
waivers of electronic filing requirement 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 to availability of the RPI 
upon request.
    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 submit a 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 3,918 hours.

Rachel Dickon,
Secretary.
[FR Doc. 2019-20614 Filed 9-23-19; 8:45 am]
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