98-7466. Notice of Submission for OMB Review and Comment Request  

  • [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
    
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    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
    
    
    

Document Information

Published:
03/23/1998
Department:
Federal Maritime Commission
Entry Type:
Notice
Action:
Notice.
Document Number:
98-7466
Dates:
Comments must be submitted on or before April 22, 1998.
Pages:
13856-13857 (2 pages)
PDF File:
98-7466.pdf