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View ICR - OIRA Conclusion
OMB Control No:
3072-0012
ICR Reference No:
201109-3072-008
Status:
Active
Previous ICR Reference No:
201105-3072-002
Agency/Subagency:
FMC
Agency Tracking No:
Title:
46 CFR Part 540 - Application for Certificate of Financial Responsibility
Type of Information Collection:
Extension without change of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved with change
Conclusion Date:
10/04/2011
Retrieve Notice of Action (NOA)
Date Received in OIRA:
09/30/2011
Terms of Clearance:
FMC clarified its calculation methodology for the number of responses and recordkeeping burden. FMC plans to revise the passenger vessel forms related to performance as part of a forthcoming NPRM.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
10/31/2014
36 Months From Approved
10/31/2011
Responses
645
645
791
Time Burden (Hours)
1,294
1,294
1,478
Cost Burden (Dollars)
13,912
13,912
0
Abstract:
Sections 2 and 3 of P.L. 89-777 (46 USC 44101-44106) require owners or charterers of passenger vessels with 50 or more passenger berths or stateroom accommodations and embarking passengers at US 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 FMC's Rules at 46 CFR Part 540 implement Public Law 89-777 and specify financial responsibility coverage requirements for such owners and charterers.
Authorizing Statute(s):
PL: Pub.L. 89 - 777 2 and 3 Name of Law: Safety at Sea Act
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
76 FR 24881
05/03/2011
30-day Notice:
Federal Register Citation:
Citation Date:
76 FR 44327
07/25/2011
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
19
IC Title
Form No.
Form Name
Reports by Escrow Agents to Operators/Charters & Commission
Guaranties - Performance Certificates - New and Amended
FMC 133A
Guaranty in Respect of Liability for Nonperformance, Section 3 of the Act
Furnish Written Designation of Legal Agent - Performance Certificants
Exemption whole-ship charters - furnish copy of contract w/in 30 days
Application Change - Performance Certificants
Termination/Cancellation of Financial Responsibility Coverage - Casualty Certificants
Coverage Requirement - Performance Certificants
Application Change - Casualty Certificants
Recomputation Certificates to Commission and Escrow Agent
Unearned Passenger Revenue Reports - Performance Certificants
Notify FMC of Arrangements for Which Performance Certificant Does Not Assume Financial Responsibility
Escrow Agreement - New and Amended
Surety Bonds - Performance Certificants - New and Amended
FMC-132A
Passenger Vessel Surety Bond
Independent Auditors Reports to Escrow Agents and Commission
46 CFR 540 - Application for Certificate of Financial Responsibility
FMC-131
Application for Certificate of Financial Responsibility
Termination and Cancellation of Coverage - Performance Certificants
Surety Bonds/Self-Insurance/Guaranties - Casualty Certificants
FMC 133B, FMC 132B
Guaranty in Respect of Liability for Death or Injury
,
Passenger Vessel Surety Bond
Furnish Written Designation of Legal Agent - Casualty Certificants
File Evidence of Charter Arrangements w/FMC - Casualty Certificants
ICR Summary of Burden
Total Approved
Previously Approved
Change Due to New Statute
Change Due to Agency Discretion
Change Due to Adjustment in Estimate
Change Due to Potential Violation of the PRA
Annual Number of Responses
645
791
0
0
-146
0
Annual Time Burden (Hours)
1,294
1,478
0
0
-184
0
Annual Cost Burden (Dollars)
13,912
0
0
0
13,912
0
Burden increases because of Program Change due to Agency Discretion:
No
Burden Increase Due to:
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
Annual Cost to Federal Government:
$162,618
Does this IC contain surveys, censuses, or employ statistical methods?
No
Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002?
No
Is this ICR related to the Affordable Care Act [PPACA, P.L. 111-148 & 111-152]?
No
Is this ICR related to the Dodd-Frank Act [Dodd-Frank Wall Street Reform and Consumer Protection Act, P.L. 111-203]?
No
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
No
Agency Contact:
Sandra Kusumoto 202 523-5787 otibonds@fmc.gov
Common Form ICR:
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(a) It is necessary for the proper performance of agency functions;
(b) It avoids unnecessary duplication;
(c) It reduces burden on small entities;
(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
(f) It indicates the retention periods for recordkeeping requirements;
(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
(i) It uses effective and efficient statistical survey methodology (if applicable); and
(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date:
09/30/2011
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