Reports, Forms and Recordkeeping Requirements; Agency Information Collection Activity Under OMB Review

DEPARTMENT OF TRANSPORTATION

Maritime Administration

Reports, Forms and Recordkeeping Requirements; Agency Information

Collection Activity Under OMB Review

AGENCY: Maritime Administration, DOT.

ACTION: Notice and request for comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.), this notice announces that the Information

Collection abstracted below has been forwarded to the Office of

Management and Budget (OMB) for review and comment. The nature of the

information collection is described as well as its expected burden. The

Federal Register Notice with a 60-day comment period soliciting

comments on the following collection of information was published on

July 8, 1999, at 64 FR 36831. Three respondents submitted comments

pertaining to the collection. These are reviewed later in this notice.

DATES: Comments must be submitted on or before December 9, 1999.

FOR FURTHER INFORMATION CONTACT: Michael Hokana, Office of Ports and

Domestic Shipping, Maritime Administration, 400 7th Street, SW,

Washington, DC 20590, Telephone 202-366-0760, or FAX 202-366-6988.

Copies of this collection can also be obtained from that office.

SUPPLEMENTARY INFORMATION:

Maritime Administration (MARAD)

Title: Application for Waiver of the Coastwise Trade Laws for Small

Passenger Vessels.

OMB Control Number: 2133-NEW.

Type of Request: Approval of a new request.

Affected Public: Small passenger vessel owners desirous of

operating in the coastwise trade.

Form(s): None.

Abstract: Owners of ship vessels desiring waiver of the coastwise

trade laws affecting small passenger vessels will be required to file a

written application and justification for waiver to the Maritime

Administration (MARAD). The agency will review the application and make

a determination whether to grant the requested waiver.

Annual Estimated Burden Hours: 100 hours.

ADDRESSES: Send comments to the Office of Information and Regulatory

Affairs, Office of Management and Budget, 725 17th Street, NW,

Washington, DC 20503, Attention MARAD Desk Officer.

Comments Are Invited on

Whether the proposed collection of information is necessary for the

proper performance of the functions of the agency, including whether

the information will have practical utility; the accuracy of the

agency's estimate of the burden of the proposed information collection;

ways to enhance the quality, utility and clarity of the information to

be collected; and ways to minimize the burden of the collection of

information on respondents, including the use of automated collection

techniques or other forms of information technology. A comment to OMB

is best assured of having its full effect if OMB receives it within 30

days of publication.

Comments Received in Response to 60-Day Comment Period

On July 8, 1999, a notice was published in the Federal Register, 64

FR

[[Page 61178]]

36831, requesting comments within 60 days on this information

collection. Three respondents submitted comments. One concurred,

indicating it appeared all interests have been served by the wording

and thought behind this measure. The second respondent made three

recommendations: (1) Eliminate the geographical region of intended

operation and trade. MARAD's response--Non-concur, we find it necessary

to require the geographical region in order to make the necessary

determination of adverse affect of the requested waiver. (2) Eliminate

the requirement to include impact on other commercial passenger vessel

operators in the application for waiver. MARAD's response--Non-concur,

the information on impact is needed to determine the adverse affect, if

any, and is therefore retained in the application information

collection requirements. (3) Eliminate the application fee. MARAD's

response--Non-concur, the application fee will be retained as it is

Federal policy to assess a ``user charge'' against each identifiable

recipient for special benefits derived from Federal activities beyond

those received by the general public (Office of Management and Budget

Circular A-25, ``User Charges,'' July 8, 1993). Processing a waiver

application would provide such a special benefit.

The third respondent proposed a number of changes to the proposed

regulation. All comments are addressed in the preamble to the final

rule. Here, we are concerned only with the four comments relevant to

the information collection requirements: (1) Suggest that only the

owner of the vessel should be able to submit a waiver application.

MARAD's response--Concur, we have revised the rule to reflect this

requirement. (2) Suggest the applicant be required to provide a

statement explaining the duration of the applicant's ownership of the

vessel, his cost of purchasing or otherwise obtaining the vessel, and

the uses to which he has put the vessel since obtaining it. MARAD's

response--We believe these questions are unnecessary for MARAD to

effectively carry out its responsibilities under Title V of the Coast

Guard Authorization Act of 1998. (3) The association supports the

application fee of $300. (4) Require that no substantial change in

employment of the vessel in the coastwise trade may be made without

prior notice to MARAD. MARAD's response--Concur, we have added this

requirement to the final rule, indicating that failure to provide

advance notice may effect an immediate revocation of the waiver under

section 388.5.

Issued in Washington, DC on November 3, 1999.

Joel C. Richard,

Secretary, Maritime Administration.

[FR Doc. 99-29268 Filed 11-8-99; 8:45 am]

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