Notice of Request for Public Comments Regarding Extensions to Existing OMB Clearances

Federal RegisterMar 26, 1998

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FEDERAL MARITIME COMMISSION

Notice of Request for Public Comments Regarding Extensions to

Existing OMB Clearances

AGENCY: Federal Maritime Commission.

ACTION: Notice.

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SUMMARY: The FMC is preparing submissions to the Office of Management

and Budget (OMB) for continued approval of the following information

collections (extensions with no changes) under the provisions of the

Paperwork Reduction Act of 1995, as amended (44 U.S.C. Chapter 35): OMB

No. 3072-0012 (Licensing of Ocean Freight Forwarders and Form FMC-18);

OMB No. 3072-0028 (Foreign Commerce Anti-Rebating Certification); and

OMB No. 3072-0053 (Non-Vessel-Operating Common Carriers Surety Bonds).

Comments submitted in response to this notice will be summarized and/or

included in the request for OMB approval and will become a matter of

public record.

DATES: Comments must be submitted on or before May 26, 1998.

ADDRESSES: Send comments to: Edward P. Walsh, Managing Director,

Federal Maritime Commission, 800 North

[[Page 14714]]

Capitol Street, NW., Washington, DC 20573, (Telephone: (202) 523-5800).

FOR FURTHER INFORMATION CONTACT: Send requests for copies of the

current OMB clearances to: George D. Bowers, Director, Office of

Information Resources Management, Federal Maritime Commission, 800

North Capitol Street, NW., Washington, DC 20573 (Telephone: (202) 523-

5834).

SUPPLEMENTARY INFORMATION: Ocean Freight Forwarder Licensing--OMB

approval number 3072-0012 expires August 31, 1998.

Abstract: Section 19 of the Shipping Act of 1984, 46 U.S.C. app.

Sec. 1718, requires that no person shall act as a freight forwarder

unless they hold a license by the Federal Maritime Commission. The Act

requires the Commission to issue a license to any person that it

determines to be qualified by experience and character to act as an

ocean freight forwarder if that person has provided a surety bond

issued by a surety company found acceptable by the Secretary of the

Treasury. The Commission has implemented the provisions of Section 19

in regulations contained in 46 CFR Part 510 and its related application

form, FMC-18.

Needs and Uses: The Commission uses information obtained from Form

FMC-18 as well as information contained in the Commission's files and

letters of reference to determine whether an applicant meets the

requirements for a license. 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.

Frequency: This information is collected as applicants apply for a

license or when certain information changes in existing licenses.

Type of Respondents: Persons desiring to act as freight forwarders.

Number of annual respondents: The Commission estimates an annual

respondent universe of 2,007 licensed freight forwarders. The

Commission estimates that the rule will impose, in varying degrees, a

reporting burden on the entire respondent universe.

Estimated time per response: The completion time for the Form FMC-

18 is estimated to be 2 person hours on average with the range being .5

hours to 4 hours. It is estimated that 694 person hours will be

expended by respondents to complete Form FMC-18.

Total Annual Burden: The Commission estimates the total annual

burden to be 2,018 person hours, as follows: 822 hours to comply with

the regulation provisions; 502 hours for recordkeeping requirements;

and 694 hours to complete the Form FMC-18.

Foreign Commerce Anti-rebating Certification--OMB approval number

3072-0028 expires August 31, 1998.

Abstract: Section 15(b) of the Shipping Act of 1984, 46 U.S.C. app.

Sec. 1714(b), requires the chief executive officer of each common

carrier and certain other persons to file with the Commission a

periodic written certification that anti-rebating policies have been

implemented and that full cooperation will be given to any Commission

investigation of illegal rebating activity. The Commission has

implemented the provisions of section 15(b) in regulations contained in

46 CFR 582.

Needs and Uses: The Commission uses the information filed by these

parties to maintain continuous surveillance over the activities of

these entities and to provide an effective deterrent against rebating

practices.

Frequency: This information is collected with the filing of a

carrier's initial tariff and the applicant's licensed ocean freight

forwarder application. On each subsequent even-numbered calendar year,

certifications are required to be filed.

Type of Respondents: Respondents may include the chief executive

officer of each common carrier and ocean freight forwarder, shipper,

shipper's association, marine terminal operator or broker.

Number of Annual Respondents: The Commission estimates a total of

approximately 4,857 respondents as follows: 2,450 Non-vessel Operating

Common Carriers, 400 Vessel Operating Common Carriers and 2,007 ocean

freight forwarders.

Estimated Time Per Response: The Commission estimates approximately

.5 person hours per response.

Total Annual Burden: Total annual burden is estimated at 2,429

person hours. NVOCC Surety Bonds--OMB approval number 3072-0053 expires

September 30, 1988.

Abstract: Section 23(a) of the Shipping Act of 1984, 46 U.S.C. app.

Sec. 1721(a), requires each non-vessel operating common carrier (NVOCC)

to furnish the Commission with an acceptable bond, proof of insurance

or other surety, which is to be available to pay for damages arising

from transportation-related activities, reparations or penalties. The

Commission has implemented the provisions of section 23(a) in

regulations contained in 45 CFR 583.

Needs and Uses: The Commission uses the information to maintain

continuous surveillance over NVOCCs and to enable the Commission to

discharge its duties under the Act. Upon request, the Commission

provides information to the public regarding a carrier's evidence of

financial responsibility.

Frequency: Documents are filed annually.

Type of Respondents: Non-Vessel Operating Common Carriers.

Number of annual respondents: The Commission estimates that

approximately 2,450 NVOCCs will file these documents.

Estimated Time per response: The Commission estimates one person

hour per response for each filing.

Total Annual Burden: Total annual manhour burden is estimated at

2,450 hours.

Before the Commission submits these renewal packages to the Office

of Management and Budget, the Commission is inviting public, written

comments on: (a) Whether the proposed collections of information are

necessary for the proper performance of the functions of the agency,

including whether the information will have practical utility; (b) the

accuracy of the Commission's burden estimates for the proposed

collections of information; (c) ways to enhance the quality, utility,

and clarity of the information to be collected; and (d) ways to

minimize the burden of the collections of information on respondents,

including through the use of automated collection techniques or other

forms of information technology.

Dated: March 20, 1998.

Joseph C. Polking,

Secretary.

[FR Doc. 98-7860 Filed 3-25-98; 8:45 am]

BILLING CODE 6730-01-M

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