[Federal Register: March 23, 1998 (Volume 63, Number 55)]
[Notices]               
[Page 13856-13857]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23mr98-77]

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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