Agency Information Collection Activities: Submission for OMB Review; Comment Request, 44327-44330 [2011-18648]

Download as PDF Federal Register / Vol. 76, No. 142 / Monday, July 25, 2011 / Notices proposal, and a $10,000,000 funding requirement for the National Deaf-Blind Equipment Distribution Program (NDBEDP) mandated by Congress. Paperwork Reduction Act This document does not contain new or modified information collection requirements subject to the Paperwork Reduction Act of 1995, Pub. L. 104–13. In addition, therefore, it does not contain any new or modified information collection burden for small business concerns with fewer than 25 employees, pursuant to the Small Business Paperwork Relief Act of 2002, Pub. L. 107–198, see 44 U.S.C. 3506(c)(4). jlentini on DSK4TPTVN1PROD with NOTICES Congressional Review Act The Commission will send a copy of document FCC 11–104 in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act. See 5 U.S.C. 801(a)(1)(A). Final Regulatory Flexibility Certification The Regulatory Flexibility Act of 1980, as amended (‘‘RFA’’) requires that a final regulatory flexibility analysis be prepared for notice-and-comment rule making proceedings, unless the agency certifies that ‘‘the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities.’’ The RFA generally defines the term ‘‘small entity’’ as having the same meaning as the terms ‘‘small business,’’ ‘‘small organization,’’ and ‘‘small governmental jurisdiction.’’ In addition, the term ‘‘small business’’ has the same meaning as the term ‘‘small business concern’’ under the Small Business Act. 5 U.S.C. 605(b). A ‘‘small business concern’’ is one which: (1) Is independently owned and operated; (2) is not dominant in its field of operation; and (3) satisfies any additional criteria established by the Small Business Administration (‘‘SBA’’). 15 U.S.C. 632. In document FCC 11–104, the Commission adopts per-minute compensation rates for the Interstate Telecommunications Relay Services Fund for the 2011–2012 Fund year for all forms of TRS except for video relay service (‘‘VRS’’). The current interim VRS rates adopted for the 2010–2011 Fund year will be extended based on the proposal of the Fund administrator, as well as the record in the VRS Rate NPRM proceeding, published at 76 FR 24442, May 2, 2011. As of July 1, 2011, the interim rates for VRS shall continue to be: $6.2390 for Tier I, $6.2335 for Tier II, and $5.0668 for Tier III. The rates for VerDate Mar<15>2010 16:15 Jul 22, 2011 Jkt 223001 the other forms of TRS shall be: $1.8611 for interstate traditional TRS; $2.9921 for Speech-to-Speech service (‘‘STS’’); $1.7630 for captioned telephone service (‘‘CTS’’) and Internet Protocol (‘‘IP’’) CTS; and $1.2920 for IP Relay. The VRS rates adopted in document FCC 11–104 are interim rates, and the Commission will continue to examine VRS compensation as part of the 2010 VRS NOI proceeding. Based on the adoption of these rates for VRS as well as for the other forms of TRS, and NECA’s proposals for additional funding requirements, the Commission adopts a carrier contribution factor of 0.01058, and a funding requirement of $740,399,393.56 for the 2011–2012 Fund year. In regard to VRS, the Commission sought comment on extending the current VRS rates for the upcoming Fund year in the VRS Rate NPRM proceeding. In the attached initial regulatory flexibility certification, the Commission concluded that its proposal would not impose a financial burden on entities, including small businesses, because eligible entities would continue to be promptly reimbursed from the Interstate TRS Fund at the same rate at which they are currently reimbursed for VRS. No commenters opposed this proposal or the associated initial regulatory flexibility certification. In document FCC 11–104, the Commission adopts its proposal to extend VRS rates, and determines that this extension will not place any financial burden on VRS entities, including small VRS businesses, because these entities will continue to be promptly reimbursed from the Interstate TRS Fund at the same rate at which they are currently reimbursed. In addition, with respect to 2011– 2012 rates adopted in document FCC 11–104 to apply to entities other than VRS, i.e. to TRS, STS, CTS, IP CTS, and IP Relay entities, the rates for the latter group of entities are based on the same methodology used in adopting rates for the last Fund year. Therefore, the Commission determines that there is no financial burden caused by the adoption of the rates for TRS, STS, CTS, IP CTS, and IP Relay for entities, including small businesses, because these entities will also continue to be promptly reimbursed from the Interstate TRS Fund at the same rate at which they are currently reimbursed. Therefore, the Commission certifies that the proposal in document FCC 11– 104 does not have a significant economic impact on a substantial number of small entities. The Commission will send a copy of the document FCC 11–104, including a PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 44327 copy of the Final Regulatory Flexibility Certification, to the Chief Counsel for Advocacy of the SBA. Ordering Clauses Pursuant to the authority contained in section 225 of the Communications Act of 1934, as amended, 47 U.S.C. 225, and 64.604(c)(5)(iii) of the Commission’s rules, 47 CFR 64.604(c)(5)(iii), document FCC 11–104 Is Adopted. The TRS Fund Administrator shall compensate providers of interstate traditional TRS for the July 1, 2011 through June 30, 2012 Fund year, at the rate of $1.8611 per completed interstate conversation minute. The TRS Fund Administrator shall compensate providers of interstate Speech-to-Speech service for the July 1, 2011 through June 30, 2012 Fund year, at the rate of $2.9921 per completed interstate conversation minute. The TRS Fund Administrator shall compensate providers of interstate captioned telephone service and intrastate and interstate IP captioned telephone service for the July 1, 2011 through June 30, 2012 Fund year, at the rate of $1.7630 per completed conversation minute. The TRS Fund Administrator shall compensate providers of intrastate and interstate IP Relay service for the July 1, 2011 through June 30, 2012 Fund year, at the rate of $1.2920 per completed conversation minute. Beginning July 1, 2011, the TRS Fund administrator shall continue to compensate eligible providers of intrastate and interstate video relay service at the rates of $6.2390 for the first 50,000 monthly minutes (Tier I), $6.2335 for monthly minutes between 50,001 and 500,000 (Tier II), and $5.0668 for minutes above 500,000 (Tier III) per completed conversation minute until otherwise directed by the Commission. The Interstate TRS carrier contribution factor shall be 0.01058, and the funding requirement shall be $740,399,393.56, and the, for the July 1, 2011 through June 30, 2012 Fund year. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. 2011–18744 Filed 7–22–11; 8:45 am] BILLING CODE 6712–01–P FEDERAL MARITIME COMMISSION Agency Information Collection Activities: Submission for OMB Review; Comment Request AGENCY: E:\FR\FM\25JYN1.SGM Federal Maritime Commission. 25JYN1 44328 ACTION: Federal Register / Vol. 76, No. 142 / Monday, July 25, 2011 / Notices Notice. SUMMARY: The Federal Maritime Commission (Commission) is giving public notice that the agency has submitted to the Office of Management and Budget (OMB) for approval the continuing information collections (extensions with no changes) described in this notice. The public is invited to comment on the proposed information collections pursuant to the Paperwork Reduction Act of 1995. DATES: Written comments must be submitted at the addresses below on or before August 24, 2011 to be assured of consideration. ADDRESSES: Comments should be addressed to: Office of Information and Regulatory Affairs, Office of Management and Budget, Attention: Kristy L. Daphnis, Desk Officer for Federal Maritime Commission, 725 17th Street, NW., Washington, DC 20503, OIRA_Submission@omb.eop.gov, Fax (202) 395–5167. and to: Ronald D. Murphy, Managing Director, Office of the Managing Director, Federal Maritime Commission, 800 North Capitol Street, NW., Washington, DC 20573, Telephone: (202) 523–5800, omd@fmc.gov. Please send separate comments for each specific information collection listed below, and reference the information collection’s title and OMB number in your comments. FOR FURTHER INFORMATION CONTACT: Copies of the submission(s) may be obtained by contacting Jane Gregory on 202–523–5800 or e-mail: jgregory@fmc.gov. SUPPLEMENTARY INFORMATION: jlentini on DSK4TPTVN1PROD with NOTICES Request for Comments Pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104–13), the Commission invites the general public and other Federal agencies to comment on proposed information collections. On May 3, 2011, the Commission published a notice and request for comments in the Federal Register (76 FR 24881) regarding the agency’s request for continued approval from OMB for information collections as required by the Paperwork Reduction Act of 1995. The Commission received no comments on any of the requests for extensions of OMB clearance. The Commission has submitted the described information collections to OMB for approval. In response to this notice, comments and suggestions should address one or more of the following points: (1) The VerDate Mar<15>2010 16:15 Jul 22, 2011 Jkt 223001 necessity and utility of the proposed information collection for the proper performance of the agency’s functions; (2) the accuracy of the estimated burden; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) the use of automated collection techniques or other forms of information technology to minimize the information collection burden. Information Collections Open for Comment Title: 46 CFR part 540—Application for Certificate of Financial Responsibility/Form FMC–131. OMB Approval Number: 3072–0012 (Expires August 31, 2011). Abstract: Sections 2 and 3 of Public Law 89–777 (46 U.S.C. 44105–44106) require owners or charterers of passenger vessels with 50 or more passenger berths or stateroom accommodations and embarking passengers at United States ports and territories to establish their financial responsibility to meet liability incurred for death or injury to passengers and other persons, and to indemnify passengers in the event of nonperformance of transportation. The Commission’s Rules at 46 CFR part 540 implement Public Law 89–777 and specify financial responsibility coverage requirements for such owners and charterers. Current Actions: There are no changes to this information collection, and it is being submitted for extension purposes only. Type of Review: Extension. Needs and Uses: The information will be used by the Commission’s staff to ensure that passenger vessel owners and charterers have evidenced financial responsibility to indemnify passengers and others in the event of nonperformance or casualty. Frequency: This information is collected when applicants apply for a certificate or when existing certificants change any information in their application forms. Type of Respondents: The types of respondents are owners, charterers and operators of passenger vessels with 50 or more passenger berths that embark passengers from U.S. ports or territories. Number of Annual Respondents: The Commission estimates an annual respondent universe of 45. Estimated Time per Response: The time per response ranges from 0.5 to 8 hours for reporting and recordkeeping requirements contained in the rules, and 8 hours for completing Application Form FMC–131. PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 Total Annual Burden: The Commission estimates the total hour burden at 1,294 hours. Title: 46 CFR part 565—Controlled Carriers. OMB Approval Number: 3072–0060 (Expires August 31, 2011). Abstract: Section 9 of the Shipping Act of 1984, 46 U.S.C. 40701–40706, requires that the Commission monitor the practices of controlled carriers to ensure that they do not maintain rates or charges in their tariffs and service contracts that are below a level that is just and reasonable; nor establish, maintain or enforce unjust or unreasonable classifications, rules or regulations in those tariffs or service contracts which result or are likely to result in the carriage or handling of cargo at rates or charges that are below a just and reasonable level. 46 CFR part 565 establishes the method by which the Commission determines whether a particular ocean common carrier is a controlled carrier subject to section 9 of the Shipping Act of 1984. When a government acquires a controlling interest in an ocean common carrier, or when a controlled carrier newly enters a United States trade, the Commission’s rules require that such a carrier notify the Commission of these events. Current Actions: There are no changes to this information collection, and it is being submitted for extension purposes only. Type of Review: Extension. Needs and Uses: The Commission uses these notifications in order to effectively discharge its statutory duty to determine whether a particular ocean common carrier is a controlled carrier and therefore subject to the requirements of section 9 of the Shipping Act of 1984. Frequency: The submission of notifications from controlled carriers is not assigned to a specific time frame by the Commission; they are submitted as circumstances warrant. The Commission only requires notification when a majority portion of an ocean common carrier becomes owned or controlled by a government, or when a controlled carrier newly begins operation in any United States trade. Type of Respondents: Controlled carriers are ocean common carriers which are owned or controlled by a government. Number of Annual Respondents: It is estimated that 9 of the currently classified controlled carriers may respond in any given year. Classifications are reviewed periodically to determine current status of respondents and to increase or decrease the number of controlled carriers based E:\FR\FM\25JYN1.SGM 25JYN1 jlentini on DSK4TPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 142 / Monday, July 25, 2011 / Notices on new circumstances. The Commission cannot anticipate when a new carrier may enter the United States trade; therefore, the number of annual respondents may fluctuate from year to year and could increase to 10 or more at any time. Estimated Time per Response: The estimated time for compliance is 7 hours per year. Total Annual Burden: The Commission estimates the hour burden required to make such notifications at 63 hours per year. Title: 46 CFR part 525—Marine Terminal Operator Schedules and Related Form FMC–1. OMB Approval Number: 3072–0061 (Expires August 31, 2011). Abstract: Section 8(f) of the Shipping Act of 1984, 46 U.S.C. 40501(f), provides that a marine terminal operator (MTO) may make available to the public a schedule of its rates, regulations, and practices, including limitations of liability for cargo loss or damage, pertaining to receiving, delivering, handling, or storing property at its marine terminal. The Commission’s rules governing MTO schedules are set forth at 46 CFR part 525. Current Actions: There are no changes to this information collection, and it is being submitted for extension purposes only. Type of Review: Extension. Needs and Uses: The Commission uses information obtained from Form FMC–1 to determine the organization name, organization number, home office address, name and telephone number of the firm’s representatives and the location of MTO schedules of rates, regulations and practices, and publisher, should the MTOs determine to make their schedules available to the public, as set forth in section 8(f) of the Shipping Act. Frequency: This information is collected prior to an MTO’s commencement of its marine terminal operations. Type of Respondents: Persons operating as MTOs. Number of Annual Respondents: The Commission estimates the respondent universe at 20, of which 12 opt to make their schedules available to the public. Estimated Time per Response: The time per response for completing Form FMC–1 averages 0.5 hours, and approximately 5 hours for related MTO schedules. Total Annual Burden: The Commission estimates the total burden at 70 hours. Title: 46 CFR part 520—Carrier Automated Tariff Systems and Related Form FMC–1. VerDate Mar<15>2010 16:15 Jul 22, 2011 Jkt 223001 OMB Approval Number: 3072–0064 (Expires August 31, 2011). Abstract: Except with respect to certain specified commodities, section 8(a) of the Shipping Act of 1984, 46 U.S.C. 40501(a)-(c), requires that each common carrier and conference shall keep open to public inspection, in an automated tariff system, tariffs showing its rates, charges, classifications, rules, and practices between all ports and points on its own route and on any through transportation route that has been established. In addition, individual carriers or agreements among carriers are required to make available in tariff format certain enumerated essential terms of their service contracts. 46 U.S.C. 40502. The Commission is responsible for reviewing the accessibility and accuracy of automated tariff systems, in accordance with its regulations set forth at 46 CFR part 520. Current Actions: There are no changes to this information collection, and it is being submitted for extension purposes only. Type of Review: Extension. Needs and Uses: The Commission uses information obtained from Form FMC–1 to ascertain the location of common carrier and conference tariff publications, and to access their provisions regarding rules, rates, charges and practices. Frequency: This information is collected when common carriers or conferences publish tariffs. Type of Respondents: Persons desiring to operate as common carriers or conferences. Number of Annual Respondents: The Commission estimates there are 4,200 Carrier Automated Tariffs. It is estimated that the number of annual respondents will be 1,300. Estimated Time per Response: The time per response ranges from 0.1 to 2 hours for reporting and recordkeeping requirements contained in the rules, and 0.5 hours for completing Form FMC–1. Total Annual Burden: The Commission estimates the total hour burden at 4,278 hours. Title: 46 CFR part 530—Service Contracts and Related Form FMC–83. OMB Approval Number: 3072–0065 (Expires August 31, 2011). Abstract: Section 8(c) of the Shipping Act of 1984, 46 U.S.C. 40502, requires service contracts, except those dealing with bulk cargo, forest products, recycled metal scrap, new assembled motor vehicles, waste paper or paper waste, and their related amendments and notices to be filed confidentially with the Commission. Current Actions: There are no changes to this information collection, and it is PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 44329 being submitted for extension purposes only. Type of Review: Extension. Needs and Uses: The Commission monitors service contract filings for acts prohibited by the Shipping Act of 1984. Frequency: The Commission has no control over how frequently service contracts are entered into; this is solely a matter between the negotiating parties. When parties enter into a service contract, it must be filed with the Commission. Type of Respondents: Parties that enter into service contracts are ocean common carriers and agreements among ocean common carriers on the one hand, and shippers or shipper’s associations on the other. Number of Annual Respondents: The Commission estimates an annual respondent universe of 141. Estimated Time per Response: The time per response ranges from 0.1 to 1 hour for reporting and recordkeeping requirements contained in the rules, and 0.1 hour for completing Form FMC–83. Total Annual Burden: The Commission estimates the total hour burden at 79,370 hours. Title: 46 CFR part 531—NVOCC Service Arrangements and Related Form FMC–78. OMB Approval Number: 3072–0070 (Expires August 31, 2011). Abstract: Section 16 of the Shipping Act of 1984, 46 U.S.C. 40103, authorizes the Commission to exempt by rule ‘‘any class of agreements between persons subject to this part or any specified activity of those persons from any requirement of this part if the Commission finds that the exemption will not result in substantial reduction in competition or be detrimental to commerce. The Commission may attach conditions to any exemption and may, by order, revoke any exemption.’’ 46 CFR part 531 allows non-vesseloperating common carriers (NVOCCs) and shippers’ associations with NVOCC members to act as shipper parties in NVOCC Service Arrangements (NSAs), and to be exempt from certain tariff publication requirements of the Shipping Act provided the carriage in question is done pursuant to an NSA filed with the Commission and the essential terms are published in the NVOCC’s tariff. Current Actions: There are no changes to this information collection, and it is being submitted for extension purposes only. Type of Review: Extension. Needs and Uses: The Commission uses filed NSAs and associated data for monitoring and investigatory purposes E:\FR\FM\25JYN1.SGM 25JYN1 44330 Federal Register / Vol. 76, No. 142 / Monday, July 25, 2011 / Notices and, in its proceedings, to adjudicate related issues raised by private parties. Frequency: The filing of NSAs is not assigned a specific time by the Commission; NSAs are filed as they may be entered into by private parties. When parties enter into an NSA, it must be filed with the Commission. Type of Respondents: Parties that enter into NSAs are NVOCCs and shippers’ associations with NVOCC members. Number of Annual Respondents: The Commission estimates an annual respondent universe of 145. Estimated Time per Response: The time per response ranges from 0.1 to 1 hour for reporting and recordkeeping requirements contained in the rules, and 1 hour for completing Form FMC–78. Total Annual Burden: The Commission estimates the total hour burden at 1,186 person-hours. Karen V. Gregory, Secretary. [FR Doc. 2011–18648 Filed 7–22–11; 8:45 am] BILLING CODE 6730–01–P FEDERAL MARITIME COMMISSION jlentini on DSK4TPTVN1PROD with NOTICES Ocean Transportation Intermediary License Applicants Notice is hereby given that the following applicants have filed with the Federal Maritime Commission an application for a license as a NonVessel-Operating Common Carrier (NVO) and/or Ocean Freight Forwarder (OFF)—Ocean Transportation Intermediary (OTI) pursuant to section 19 of the Shipping Act of 1984 as amended (46 U.S.C. Chapter 409 and 46 CFR part 515). Notice is also hereby given of the filing of applications to amend an existing OTI license or the Qualifying Individual (QI) for a license. Interested persons may contact the Office of Transportation Intermediaries, Federal Maritime Commission, Washington, DC 20573, by telephone at (202) 523–5843 or by e-mail at OTI@fmc.gov. Ace Maritime, Inc. (NVO), 5201 Lincoln Avenue, #233, Cypress, CA 90630, Officers: Cindy J. Lee, Secretary/CFO, (Qualifying Individual), Kathlyn Park, CEO, Application Type: New NVO License. Advanced Maritime Transport, Inc. (NVO & OFF), 1704 Rankin Road, Suite 110, Houston, TX 77073, Officers: Sandy Lance, Secretary, (Qualifying Individual), Alain Vedrine, President/Vice President, Application Type: QI Change. Alaska Seavan, Inc. dba Mitchell Moving & Storage (OFF), 18800 VerDate Mar<15>2010 16:15 Jul 22, 2011 Jkt 223001 Southcenter Parkway, Seattle, WA 98188, Officers: Charles K. Behrens, President, (Qualifying Individual), Todd L. Halverson, CEO, Application Type: New OFF License. Annam Cargo, Inc. (NVO & OFF), 1340 Tully Road, # 308, San Jose, CA 95122, Officers: Tuan S. Huynh, President, (Qualifying Individual), Tam M. Nguyen, Secretary/CFO, Application Type: New NVO & OFF License. Atlas Logistics LLC (NVO & OFF), 2801 NW 74th Avenue, Suite 171, Miami, FL 33122, Officer: Louissana Dappo, MGRM, (Qualifying Individual), Application Type: New NVO & OFF License. Bulk Cargo Services & Logistics Inc. (OFF), 15400 N.E. 103rd Drive, Vancouver, WA 98682, Officers: Darrell L. Bryant, President, (Qualifying Individual), Bruce R. Skerry, Vice President, Application Type: New OFF License. CargoLogic USA LLC (NVO & OFF), 182–16 149th Road, #212, Springfield Gardens, NY 11413, Officers: Matvey Gurfinkel, Vice President, (Qualifying Individual), Alex Epshteyn, President/Secretary, Application Type: New NVO & OFF License. D. Kratt International, Inc. (OFF), 25 West Higgins Road, #140–150, Hoffmann Estates, IL 60169, Officers: Rebecca M. Kennedy, Vice President, (Qualifying Individual), David P. Kratt, President, Application Type: QI Change. Direct Freight Services LLC (NVO), 1810 NW 51st Place, Hanger 40A, Ft. Lauderdale, FL 33309, Officers: Neil T. Marshall, Member/Chief Executive Manager, (Qualifying Individual), Stina Storr, Member/Managing Member, Application Type: New NVO License. Empire Consolidators, Inc. (NVO & OFF), 60 Terrehans Lane, Syosset, NY 11791, Officer: Vivian C. Chan, President/VP/Secretary/Treasurer, (Qualifying Individual), Application Type: New NVO and OFF License. Equipsa Inc. (OFF), 2105 NW 102 Avenue, Miami, FL 33172, Officers: Eduardo del Pozo, General Manager, (Qualifying Individual), Arthur S. Gelfand, President, Application Type: QI Change. Equipsa N.V.O.C.C. Inc. (NVO), 2105 NW 102 Avenue, Miami, FL 33172, Officers: Eduardo del Pozo, General Manager, (Qualifying Individual), Arthur S. Gelfand, President, Application Type: QI Change. Foothills Logistics, Inc. dba Foothills Logistics of Florida, Inc. (NVO), 2045 John Crosland Jr. Way, Charlotte, NC 28208, Officers: William A. Pottow, PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 Vice President, (Qualifying Individual), Janine A. Antonio, President, Application Type: License Transfer. Green World Cargo, LLC (NVO), 150–30 132nd Avenue, #302, Jamaica, NY 11434, Officers: Harjinder P. Singh, President/Chief Executive Manager, (Qualifying Individual), Salvatore J. Stile, II, Manager, Application Type: New NVO License. Guardian Marine LLC (NVO), 600 Glenrose Drive, Allen, TX 75013, Officers: Don F. Mcnally, Managing Member, (Qualifying Individual), Don A. Mcnally, Managing Member, Application Type: New NVO License. International Bonded Couriers, Inc. (NVO), 8401 NW 17th Street, Miami, FL 33126, Officers: Rocio Liriano, Vice President of Logistics, (Qualifying Individual), Seddik Si Hassen, President, Application Type: New NVO License. IWIN Group Corp. (NVO), 1055 E. Colorado Blvd., Suite 5113, Pasadena, CA 91106, Officers: Honggang Liu, Secretary/CFO/Treasurer, (Qualifying Individual), Yaoyao (Jessie) Guo, CEO/President, Application Type: QI Change. Kamino International Transport, Inc. (NVO & OFF), 145th Avenue & Hook Creek Blvd., Valley Stream, NY 11581, Officers: Jeffrey Hudson, Vice President of Operations, (Qualifying Individual), Robert Snelson, Director/ CEO, Application Type: QI Change. M E Dey Cargo Corporation dba Orient Grace Container Lines(NVO & OFF), 510 Plaza Drive, #1210, College Park, GA 30349, Officers: Joshua Wolf, President, (Qualifying Individual), Robert Gardenier, Director, Application Type: New NVO & OFF License. Newtrans Overseas, Inc. (NVO & OFF), 8939 S. Sepulveda Blvd., #225, Los Angeles, CA 90045, Officers: Walter Rozario, President/CEO, (Qualifying Individual), Shoeba Rozario, Secretary, Application Type: New NVO & OFF License. NUCO Logistics, Inc. (NVO & OFF), 500 S. Kraemer Blvd., Suite 395, Brea, CA 92821, Officers: Noushin Shamsili, President, (Qualifying Individual), Farid Tahvildari, Vice President/ Treasurer, Application Type: QI Change. Sicomex International Corp (NVO & OFF), 8458 NW 70th Street, Miami, FL 33166, Officers: Angelica Boscan, Treasurer, (Qualifying Individual), Tayme Cabeza, President, Application Type: New NVO & OFF License. Sisto International Shipping, Inc. (OFF), 10255 NW 116 Way, #3, Medley, FL 33178, Officers: Raymond Fleites, E:\FR\FM\25JYN1.SGM 25JYN1

Agencies

[Federal Register Volume 76, Number 142 (Monday, July 25, 2011)]
[Notices]
[Pages 44327-44330]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-18648]



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FEDERAL MARITIME COMMISSION




Agency Information Collection Activities: Submission for OMB 

Review; Comment Request



AGENCY: Federal Maritime Commission.



[[Page 44328]]





ACTION: Notice.



-----------------------------------------------------------------------



SUMMARY: The Federal Maritime Commission (Commission) is giving public 

notice that the agency has submitted to the Office of Management and 

Budget (OMB) for approval the continuing information collections 

(extensions with no changes) described in this notice. The public is 

invited to comment on the proposed information collections pursuant to 

the Paperwork Reduction Act of 1995.



DATES: Written comments must be submitted at the addresses below on or 

before August 24, 2011 to be assured of consideration.



ADDRESSES: Comments should be addressed to:



Office of Information and Regulatory Affairs, Office of Management and 

Budget, Attention: Kristy L. Daphnis, Desk Officer for Federal Maritime 

Commission, 725 17th Street, NW., Washington, DC 20503, OIRA_Submission@omb.eop.gov, Fax (202) 395-5167.



    and to:



Ronald D. Murphy, Managing Director, Office of the Managing Director, 

Federal Maritime Commission, 800 North Capitol Street, NW., Washington, 

DC 20573, Telephone: (202) 523-5800, omd@fmc.gov.



Please send separate comments for each specific information collection 

listed below, and reference the information collection's title and OMB 

number in your comments.



FOR FURTHER INFORMATION CONTACT: Copies of the submission(s) may be 

obtained by contacting Jane Gregory on 202-523-5800 or e-mail: 

jgregory@fmc.gov.



SUPPLEMENTARY INFORMATION: 



Request for Comments



    Pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104-13), 

the Commission invites the general public and other Federal agencies to 

comment on proposed information collections. On May 3, 2011, the 

Commission published a notice and request for comments in the Federal 

Register (76 FR 24881) regarding the agency's request for continued 

approval from OMB for information collections as required by the 

Paperwork Reduction Act of 1995. The Commission received no comments on 

any of the requests for extensions of OMB clearance. The Commission has 

submitted the described information collections to OMB for approval.

    In response to this notice, comments and suggestions should address 

one or more of the following points: (1) The necessity and utility of 

the proposed information collection for the proper performance of the 

agency's functions; (2) the accuracy of the estimated burden; (3) ways 

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

collected; and (4) the use of automated collection techniques or other 

forms of information technology to minimize the information collection 

burden.



Information Collections Open for Comment



    Title: 46 CFR part 540--Application for Certificate of Financial 

Responsibility/Form FMC-131.

    OMB Approval Number: 3072-0012 (Expires August 31, 2011).

    Abstract: Sections 2 and 3 of Public Law 89-777 (46 U.S.C. 44105-

44106) require owners or charterers of passenger vessels with 50 or 

more passenger berths or stateroom accommodations and embarking 

passengers at United States ports and territories to establish their 

financial responsibility to meet liability incurred for death or injury 

to passengers and other persons, and to indemnify passengers in the 

event of nonperformance of transportation. The Commission's Rules at 46 

CFR part 540 implement Public Law 89-777 and specify financial 

responsibility coverage requirements for such owners and charterers.

    Current Actions: There are no changes to this information 

collection, and it is being submitted for extension purposes only.

    Type of Review: Extension.

    Needs and Uses: The information will be used by the Commission's 

staff to ensure that passenger vessel owners and charterers have 

evidenced financial responsibility to indemnify passengers and others 

in the event of nonperformance or casualty.

    Frequency: This information is collected when applicants apply for 

a certificate or when existing certificants change any information in 

their application forms.

    Type of Respondents: The types of respondents are owners, 

charterers and operators of passenger vessels with 50 or more passenger 

berths that embark passengers from U.S. ports or territories.

    Number of Annual Respondents: The Commission estimates an annual 

respondent universe of 45.

    Estimated Time per Response: The time per response ranges from 0.5 

to 8 hours for reporting and recordkeeping requirements contained in 

the rules, and 8 hours for completing Application Form FMC-131.

    Total Annual Burden: The Commission estimates the total hour burden 

at 1,294 hours.

    Title: 46 CFR part 565--Controlled Carriers.

    OMB Approval Number: 3072-0060 (Expires August 31, 2011).

    Abstract: Section 9 of the Shipping Act of 1984, 46 U.S.C. 40701-

40706, requires that the Commission monitor the practices of controlled 

carriers to ensure that they do not maintain rates or charges in their 

tariffs and service contracts that are below a level that is just and 

reasonable; nor establish, maintain or enforce unjust or unreasonable 

classifications, rules or regulations in those tariffs or service 

contracts which result or are likely to result in the carriage or 

handling of cargo at rates or charges that are below a just and 

reasonable level. 46 CFR part 565 establishes the method by which the 

Commission determines whether a particular ocean common carrier is a 

controlled carrier subject to section 9 of the Shipping Act of 1984. 

When a government acquires a controlling interest in an ocean common 

carrier, or when a controlled carrier newly enters a United States 

trade, the Commission's rules require that such a carrier notify the 

Commission of these events.

    Current Actions: There are no changes to this information 

collection, and it is being submitted for extension purposes only.

    Type of Review: Extension.

    Needs and Uses: The Commission uses these notifications in order to 

effectively discharge its statutory duty to determine whether a 

particular ocean common carrier is a controlled carrier and therefore 

subject to the requirements of section 9 of the Shipping Act of 1984.

    Frequency: The submission of notifications from controlled carriers 

is not assigned to a specific time frame by the Commission; they are 

submitted as circumstances warrant. The Commission only requires 

notification when a majority portion of an ocean common carrier becomes 

owned or controlled by a government, or when a controlled carrier newly 

begins operation in any United States trade.

    Type of Respondents: Controlled carriers are ocean common carriers 

which are owned or controlled by a government.

    Number of Annual Respondents: It is estimated that 9 of the 

currently classified controlled carriers may respond in any given year. 

Classifications are reviewed periodically to determine current status 

of respondents and to increase or decrease the number of controlled 

carriers based



[[Page 44329]]



on new circumstances. The Commission cannot anticipate when a new 

carrier may enter the United States trade; therefore, the number of 

annual respondents may fluctuate from year to year and could increase 

to 10 or more at any time.

    Estimated Time per Response: The estimated time for compliance is 7 

hours per year.

    Total Annual Burden: The Commission estimates the hour burden 

required to make such notifications at 63 hours per year.

    Title: 46 CFR part 525--Marine Terminal Operator Schedules and 

Related Form FMC-1.

    OMB Approval Number: 3072-0061 (Expires August 31, 2011).

    Abstract: Section 8(f) of the Shipping Act of 1984, 46 U.S.C. 

40501(f), provides that a marine terminal operator (MTO) may make 

available to the public a schedule of its rates, regulations, and 

practices, including limitations of liability for cargo loss or damage, 

pertaining to receiving, delivering, handling, or storing property at 

its marine terminal. The Commission's rules governing MTO schedules are 

set forth at 46 CFR part 525.

    Current Actions: There are no changes to this information 

collection, and it is being submitted for extension purposes only.

    Type of Review: Extension.

    Needs and Uses: The Commission uses information obtained from Form 

FMC-1 to determine the organization name, organization number, home 

office address, name and telephone number of the firm's representatives 

and the location of MTO schedules of rates, regulations and practices, 

and publisher, should the MTOs determine to make their schedules 

available to the public, as set forth in section 8(f) of the Shipping 

Act.

    Frequency: This information is collected prior to an MTO's 

commencement of its marine terminal operations.

    Type of Respondents: Persons operating as MTOs.

    Number of Annual Respondents: The Commission estimates the 

respondent universe at 20, of which 12 opt to make their schedules 

available to the public.

    Estimated Time per Response: The time per response for completing 

Form FMC-1 averages 0.5 hours, and approximately 5 hours for related 

MTO schedules.

    Total Annual Burden: The Commission estimates the total burden at 

70 hours.

    Title: 46 CFR part 520--Carrier Automated Tariff Systems and 

Related Form FMC-1.

    OMB Approval Number: 3072-0064 (Expires August 31, 2011).

    Abstract: Except with respect to certain specified commodities, 

section 8(a) of the Shipping Act of 1984, 46 U.S.C. 40501(a)-(c), 

requires that each common carrier and conference shall keep open to 

public inspection, in an automated tariff system, tariffs showing its 

rates, charges, classifications, rules, and practices between all ports 

and points on its own route and on any through transportation route 

that has been established. In addition, individual carriers or 

agreements among carriers are required to make available in tariff 

format certain enumerated essential terms of their service contracts. 

46 U.S.C. 40502. The Commission is responsible for reviewing the 

accessibility and accuracy of automated tariff systems, in accordance 

with its regulations set forth at 46 CFR part 520.

    Current Actions: There are no changes to this information 

collection, and it is being submitted for extension purposes only.

    Type of Review: Extension.

    Needs and Uses: The Commission uses information obtained from Form 

FMC-1 to ascertain the location of common carrier and conference tariff 

publications, and to access their provisions regarding rules, rates, 

charges and practices.

    Frequency: This information is collected when common carriers or 

conferences publish tariffs.

    Type of Respondents: Persons desiring to operate as common carriers 

or conferences.

    Number of Annual Respondents: The Commission estimates there are 

4,200 Carrier Automated Tariffs. It is estimated that the number of 

annual respondents will be 1,300.

    Estimated Time per Response: The time per response ranges from 0.1 

to 2 hours for reporting and recordkeeping requirements contained in 

the rules, and 0.5 hours for completing Form FMC-1.

    Total Annual Burden: The Commission estimates the total hour burden 

at 4,278 hours.

    Title: 46 CFR part 530--Service Contracts and Related Form FMC-83.

    OMB Approval Number: 3072-0065 (Expires August 31, 2011).

    Abstract: Section 8(c) of the Shipping Act of 1984, 46 U.S.C. 

40502, requires service contracts, except those dealing with bulk 

cargo, forest products, recycled metal scrap, new assembled motor 

vehicles, waste paper or paper waste, and their related amendments and 

notices to be filed confidentially with the Commission.

    Current Actions: There are no changes to this information 

collection, and it is being submitted for extension purposes only.

    Type of Review: Extension.

    Needs and Uses: The Commission monitors service contract filings 

for acts prohibited by the Shipping Act of 1984.

    Frequency: The Commission has no control over how frequently 

service contracts are entered into; this is solely a matter between the 

negotiating parties. When parties enter into a service contract, it 

must be filed with the Commission.

    Type of Respondents: Parties that enter into service contracts are 

ocean common carriers and agreements among ocean common carriers on the 

one hand, and shippers or shipper's associations on the other.

    Number of Annual Respondents: The Commission estimates an annual 

respondent universe of 141.

    Estimated Time per Response: The time per response ranges from 0.1 

to 1 hour for reporting and recordkeeping requirements contained in the 

rules, and 0.1 hour for completing Form FMC-83.

    Total Annual Burden: The Commission estimates the total hour burden 

at 79,370 hours.

    Title: 46 CFR part 531--NVOCC Service Arrangements and Related Form 

FMC-78.

    OMB Approval Number: 3072-0070 (Expires August 31, 2011).

    Abstract: Section 16 of the Shipping Act of 1984, 46 U.S.C. 40103, 

authorizes the Commission to exempt by rule ``any class of agreements 

between persons subject to this part or any specified activity of those 

persons from any requirement of this part if the Commission finds that 

the exemption will not result in substantial reduction in competition 

or be detrimental to commerce. The Commission may attach conditions to 

any exemption and may, by order, revoke any exemption.'' 46 CFR part 

531 allows non-vessel-operating common carriers (NVOCCs) and shippers' 

associations with NVOCC members to act as shipper parties in NVOCC 

Service Arrangements (NSAs), and to be exempt from certain tariff 

publication requirements of the Shipping Act provided the carriage in 

question is done pursuant to an NSA filed with the Commission and the 

essential terms are published in the NVOCC's tariff.

    Current Actions: There are no changes to this information 

collection, and it is being submitted for extension purposes only.

    Type of Review: Extension.

    Needs and Uses: The Commission uses filed NSAs and associated data 

for monitoring and investigatory purposes



[[Page 44330]]



and, in its proceedings, to adjudicate related issues raised by private 

parties.

    Frequency: The filing of NSAs is not assigned a specific time by 

the Commission; NSAs are filed as they may be entered into by private 

parties. When parties enter into an NSA, it must be filed with the 

Commission.

    Type of Respondents: Parties that enter into NSAs are NVOCCs and 

shippers' associations with NVOCC members.

    Number of Annual Respondents: The Commission estimates an annual 

respondent universe of 145.

    Estimated Time per Response: The time per response ranges from 0.1 

to 1 hour for reporting and recordkeeping requirements contained in the 

rules, and 1 hour for completing Form FMC-78.

    Total Annual Burden: The Commission estimates the total hour burden 

at 1,186 person-hours.



Karen V. Gregory,

Secretary.

[FR Doc. 2011-18648 Filed 7-22-11; 8:45 am]

BILLING CODE 6730-01-P
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