View Information Collection Request (ICR) Package
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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
3072-0012
ICR Reference No:
201110-3072-001
Status:
Historical Inactive
Previous ICR Reference No:
201109-3072-008
Agency/Subagency:
FMC
Agency Tracking No:
Title:
46 CFR Part 540 - Application for Certificate of Financial Responsibility
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Comment filed on proposed rule and continue
Conclusion Date:
11/18/2011
Retrieve Notice of Action (NOA)
Date Received in OIRA:
10/05/2011
Terms of Clearance:
In accordance with 5 CFR 1320, OMB is withholding approval of this information collection. Prior to the publication of the final rule, the agency must provide to OMB a summary of all comments pertaining to the information collection burden imposed by this rule and any changes made in response to those comments.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
10/31/2014
36 Months From Approved
02/28/2015
Responses
645
0
645
Time Burden (Hours)
1,294
0
1,294
Cost Burden (Dollars)
13,912
0
13,912
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 P.L. 89-777 and specify financial responsibility coverage requirements for such owners and charterers. The FMC proposes to amend its rules regarding the establishment of passenger financial responsibility. The amendments would modify the current cap on required performance coverage from $15 million to $30 million over a 2-year period; adjust the amount of coverage required for smaller passenger vessel operators by providing for consideration of alternative forms of protection; revise the application Form FMC-131; add an expiration date to the Certificate (Performance); and make some technical adjustments to the regulations.
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:
3072-AC45
Proposed rulemaking
76 FR 58227
09/20/2011
Federal Register Notices & Comments
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
46 CFR 540 - Application for Certificate of Financial Responsibility
FMC-131
Application for Certificate of Financial Responsibility
Application Change - Performance Certificants
Application Change - Casualty Certificants
Coverage Requirement - Performance Certificants
Escrow Agreement - New and Amended
Exemption whole-ship charters - furnish copy of contract w/in 30 days
File Evidence of Charter Arrangements w/FMC - Casualty Certificants
Furnish Written Designation of Legal Agent - Casualty Certificants
Furnish Written Designation of Legal Agent - Performance Certificants
Guaranties - Performance Certificates - New and Amended
FMC-133A
Guaranty in Respect of Liability for Nonperformance,
Independent Auditors Reports to Escrow Agents and Commission
Notify FMC of Arrangements for Which Performance Certificant Does Not Assume Financial Responsibility
Recomputation Certificates to Commission and Escrow Agent
Reports by Escrow Agents to Operators/Charters & Commission
Surety Bonds - Performance Certificants - New and Amended
FMC-132A
Passenger Vessel Surety Bond (Performance)
Surety Bonds/Self-Insurance/Guaranties - Casualty Certificants
FMC 133B, FMC 132B
Passenger Vessel Surety Bond
,
Guaranty in Respect of Liability for Death or Injury
Termination and Cancellation of Coverage - Performance Certificants
Termination/Cancellation of Financial Responsibility Coverage - Casualty Certificants
Unearned Passenger Revenue Reports - Performance Certificants
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:
$171,760
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 [Pub. L. 111-148 & 111-152]?
No
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
No
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
No
Is this ICR related to the Pandemic Response?
Uncollected
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:
10/05/2011
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