[Federal Register Volume 63, Number 55 (Monday, March 23, 1998)]
[Notices]
[Pages 13856-13857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7466]
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FEDERAL MARITIME COMMISSION
Notice of Submission for OMB Review and Comment Request
AGENCY: Federal Maritime Commission.
ACTION: Notice.
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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this notice announces that the information collection
requests abstracted below have been forwarded to the Office of
Management and Budget (OMB) for review and approval. The submissions to
OMB request continued approval (extensions with no changes) for OMB No.
3072-0055 (Tariffs and Service Contracts), OMB No. 3072-0045
(Agreements), and OMB No. 3072-0001 (Admission to Practice).
Previously, comments were solicited by notice published on December 24,
1997 (62 FR 67367-67368). The FMC did not receive any comments in
response to that notice.
DATES: Comments must be submitted on or before April 22, 1998.
ADDRESSES: Send comments to:.
Edward P. Walsh, Managing Director, Federal Maritime Commission, 800
North Capitol Street, N.W., Washington, D.C. 20573, (Telephone: (202)
523-5800)
and
Office of Information and Regulatory Affairs, Office of Management and
Budget, Attention: Ed Clarke, Desk Officer for FMC, 725 17th Street,
N.W., Washington, D.C. 20503.
FOR FURTHER INFORMATION:
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, N.W., Washington, D.C.
20573, (Telephone: (202) 523-5834).
SUPPLEMENTARY INFORMATION:
OMB Approval Number: 3072-0055 Expires May 31, 1998.
Abstract: Section 8 of the Shipping Act of 1984, 46 U.S.C. app.
Sec. 1707, requires common carriers and conferences of such common
carriers to file with the Commission and keep open for public
inspection, tariffs showing all rates, charges, classifications, rules
and practices for transportation of cargo between the U.S. and foreign
ports. Section 8(c) of the Act also provides for the filing of service
contracts and statements of the contracts' essential terms with the
Commission. 46 CFR 514 establishes the requirements, format and user
charges for the electronic publication, filing and retrieval of tariffs
of carriers and terminal operators, as well as service contracts and
their essential terms, covering the transportation of property
performed by common carriers in the foreign commerce of the United
States and by combinations of such common carriers, including through
transportation offered in conjunction with one or more carriers not
otherwise subject to the Shipping Act of 1984.
Needs and Uses: In order to effectively discharge its statutorily-
assigned duties, the Commission uses filed tariff and service contract
data for surveillance and investigatory purposes, and, in its
proceedings, adjudicates related issues raised by private parties.
Type of Respondents: Common carriers are persons who hold
themselves out to the general public to provide transportation by water
of cargo between the United States and a foreign country for
compensation, who assume the responsibility for the transportation from
origin to destination and use a vessel operating on the high seas or
the Great Lakes between a U.S. port and a foreign country. Terminal
operators are persons who carry on the business of furnishing wharfage,
dock, warehouse or other terminal facilities in connection with common
carries operating in the U.S. foreign commerce.
Number of Annual Respondents: The Commission estimates an annual
respondent universe of 3,267. This number varies as persons file
tariffs.
Estimated time per response: The average time for preparing and
filing tariffs and service contracts is estimated at 122 person hours.
Estimated time per respondent for recordkeeping requirements is
estimated at 6 person hours.
Total Annual Burden: The Commission estimates the manhour burden to
file foreign tariffs, service contracts and essential terms at 399,829;
recordkeeping requirements are estimated at 12,080 person hours.
OMB Approval Number: 3072-0045 (Expires May 31, 1998).
Abstract: The Shipping Act of 1984, 46 U.S.C. app. Sec. 1701 et
seq., requires certain classes of agreements between and among ocean
common carriers and marine terminal operators to be filed with the
Commission, specifies the content of those agreements, and defines the
Commission's authorities and responsibilities in overseeing these
agreements. 46 CFR 572 establishes the form and manner for filing
agreements and for the underlying commercial data necessary to evaluate
agreements.
Needs and Uses: Under its pre-effective review process, the
Commission reviews agreements filings to determine statutory and
regulatory compliance, as well as to assess their anticompetitive
impact. After agreements become effective, the Commission monitors
agreement activities to ensure continued statutory and regulatory
compliance. To accomplish this, the Commission continually gathers,
reviews, and interprets commercial data regarding the impact of
agreements on competition, prices, and service in the U.S. foreign
commerce.
Frequency: The Commission has no control over how frequently
agreements are entered into; this is solely a matter between the
negotiating parties. When parties do reach an agreement that falls
under the jurisdiction of the 1984 Shipping Act, that agreement must be
filed with the Commission. Ongoing surveillance of agreement activities
is conducted through the review of minutes and quarterly monitoring
reports filed by the more anticompetitive agreements.
Type of Respondents: Parties that enter into agreements subject to
the Commission's oversight are ocean common carriers and marine
terminal operators operating in the foreign oceanborne commerce of the
United States.
Number of Annual Respondents: Potentially, there are 1,655
respondents. Over the last five years the Commission has averaged 358
agreement filings a year from an estimated potential universe of 764
regulated entities. Starting in mid-1996, certain agreements are
required to file quarterly monitoring reports under these regulations.
The number of annual respondents under this program will vary according
to the number of agreements subject to the reporting obligation. Last
year, 235 agreements were subject; they filed 940 monitoring reports.
Estimated Time Per Response: The time for preparing and filing an
agreement can range anywhere from as little as three staff-hours to as
much 150 staff-hours. The estimated average burden per respondent is 90
staff-hours. Time required for preparing monitoring reports varies
according to the complexity of the filing obligation. Class C
agreements have the least burden, and it is estimated to be about 20
staff-hours. Class A/B agreements require more specific data and hence
a greater
[[Page 13857]]
burden. It is estimated that Class B monitoring reports require about
120 staff-hours, and Class A reports about 160 staff-hours. Estimated
time per respondent under the record-keeping obligations of the
regulation is five staff-hours.
Total Annual Burden: The total annual burden on respondents is
estimated at 115,000 staff-hours, 110,000 staff-hours as the filing
burden, and 5,000 staff-hours as the record-keeping burden. These
estimates are based on anticipated filings over the next year.
OMB Approval Number: 3072-0001 (Expires May 31, 1998).
Abstract: Qualified persons who desire to practice before the
Commission must complete and file Form FMC-12 (Application for
Admission to Practice before the Federal Maritime Commission) with the
Commission.
Needs and Uses: The Commission uses data contained in the
application to determine whether applicants have the necessary
qualifications to enable them to represent others in matters before the
Commission.
Frequency: The collection of the information is on a one-time only
basis.
Type of Respondents: Persons desiring to practice before the
Commission in quasi-judicial hearings.
Number of annual respondents: The Commission estimates there are
approximately 10 respondents annually for this one-time response.
Estimated Time per response: Approximately one hour.
Total Annual Burden: Ten manhours per year.
Send comments regarding the burden estimate, or any other aspect of
the information collections, including suggestions for reducing the
burden, to the addresses shown above.
Joseph C. Polking,
Secretary.
[FR Doc. 98-7466 Filed 3-20-98; 8:45 am]
BILLING CODE 6730-01-M