SUPPLEMENTARY INFORMATION:

The Commission invites the general public and other Federal agencies to comment on any aspect of the continuing information collection listed in this notice, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). We are particularly interested in receiving comments on: (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.

Comments submitted in response to this notice will be included or summarized in our request for Office of Management and Budget (OMB) approval of the relevant information collection. All comments are part of the public record and subject to disclosure. Please do not include any confidential or inappropriate material in your comments.

Information Collections Open for Comment

Title:46 CFR 515—Licensing, Financial Responsibility Requirements and General Duties for Ocean Transportation Intermediaries and Related Forms.

OMB Control Number: 3072-0018.

Form Numbers: FMC-18, FMC-48, FMC-48A, FMC-65, FMC-67, FMC-68, FMC-69, FMC-69A.

Abstract: Sections 40101-41309 of title 46 of the United States Code, as amended, provide that no person in the United States may advertise, hold oneself out, or act as an ocean transportation intermediary (OTI) unless that person holds a license issued by the Commission. The Commission shall issue an OTI license to any person that the Commission determines to be qualified by experience and character to act as an OTI. Further, no person may act as an OTI unless that person furnishes a bond, proof of insurance, or other surety in a form and amount determined by the Commission to insure financial responsibility. The Commission has implemented the legislative requirements in regulations contained in 46 CFR part 515, including in financial responsibility Forms FMC-48, FMC-67, FMC-68, and FMC-69, Optional Rider Forms FMC-48A and FMC-69A, its related license application Form FMC-18, and the related foreign-based unlicensed non-vessel-operating common carriers (NVOCCs) registration/renewal Form FMC-65.

Type of Review: Extension with change.

Current Actions: There are no changes to the questions asked or the type of information collected. The FMC-18 will remain an electronic form. The current electronic Form FMC-18 is a legacy system that requires the use of Microsoft Internet Explorer. In 2022, Microsoft ended support for internet Explorer and has since directed users to Microsoft Edge, which offers a built-in “IE mode” for legacy site compatibility but requires the end user to go through a lengthy and sometimes confusing process to enable the feature. The new FMC systems will be implemented utilizing Microsoft Entra ID (Microsoft Entra) and ServiceNow PSDS (ServiceNow). Microsoft Entra is used to securely create and manage ID logins and ServiceNow will be the platform ( printed page 51708) through which the external user will submit the data collected. Both Microsoft Entra and ServiceNow will also allow the use of modern, Chromium-based browsers like Google Chrome, Microsoft Edge, Firefox, and Safari. Forms FMC-48, FMC-48A, FMC-65, FMC-69 and FMC-69A will be accessed through ServiceNow and primarily be submitted through the automated electronic system but will remain as PDF forms available on the Commission's website. Forms FMC-67 and FMC-68 will continue to be available on the Commission's website as PDF forms and continue to be accepted through email or mail. To further reduce the burden, on amendment applications for Form FMC-18, the form will auto populate with the entity information previously submitted and vetted to reduce the burden of data input and human error from the external user. This same auto populate information will be available to external users that submit Forms FMC-48, FMC-48A, FMC-69 and FMC-69A to reduce the human error commonly associated with the submission of those forms.

Total estimated burden has been amended to reflect changes in Commission estimates.

Needs and Uses: The Commission uses information obtained under part 515 and through Form FMC-18 to determine the qualifications of OTIs and their compliance with 46 U.S.C. subtitle IV and FMC regulations, and to enable the Commission to discharge its duties under 46 U.S.C. subtitle IV by ensuring that OTIs maintain acceptable evidence of financial responsibility. If the collection of information were not conducted, there would be no basis upon which the Commission could determine if applicants are qualified for licensing. The Commission would also not be able to effectively assess the compliance of foreign-based, unlicensed NVOCCs without the required registration information.

Frequency: This information will be collected on an ad hoc basis. This information is collected when applicants apply for a license or submit a registration, complete the triennial renewal, or when existing licensees or registrants change their application forms.

Type of Respondents: The types of respondents are persons desiring to obtain or maintain a license or registration to advertise, hold themselves out as, or act as an OTI. Under 46 U.S.C. subtitle IV, OTIs may be either an ocean freight forwarder, an NVOCC, or both.

Number of Annual Respondents: The Commission estimates a potential annual respondent universe of 9,611 entities. Due to an increase in the number of OTIs, the inclusion of Form FMC-65 Change submissions and recordkeeping requirements, the Commission estimates the number of responses as 19,046. The distribution of responses is as follows: 360 New FMC-18 filings; 280 FMC-18 Amendment filings; 1,780 OTI License Renewals; 6,406 FMC-48 and FMC-69 filings; 3 FMC-48A and FMC-69A filings, 744 FMC-65 registration filings; 1,531 FMC-65 Renewal filings; 471 FMC-65 Organizational Change filings; and 9,611 recordkeeping requirements. The Commission does not anticipate receiving any filings of Forms FMC-67 or FMC-68 based on experience in recent years and so the estimate for these forms is zero. These forms are included in this renewal to remain available to respondents when applicable.

Estimated Time per Response: The time per response to complete application Form FMC-18 New filings averages two (2) hours, Form FMC-18 Amendment filings averages one (1) hour, and to complete the triennial renewal is ten (10) minutes. The time to complete a financial responsibility form (FMC-48, FMC-48A, FMC-69, or FMC-69A) is ten (10) minutes. The time to complete a financial responsibility form (FMC-67, FMC-68) averages 20 minutes. The time to complete Form FMC-65 to submit, renew or report changes to a registration as a foreign-based, unlicensed NVOCC averages ten (10) minutes.

Total Annual Burden: 720 person-hours (Form FMC-18, New) + 280 person-hours (Form FMC-18, Amended/Change in Organization) + 303 person-hours (OTI License Renewal) + 2,114 person-hours (Forms FMC-FMC 48, 67, 68, 69) + .51 person-hours (Forms FMC 48A, 69A) + 126 person-hours (Form FMC-65) + 260 (Form FMC-65 Renewal) + 80 (Form FMC-65, Organizational Changes) + 2,403 person-hours (Recordkeeping). Total burden equals 6,286.51 hours.

91 FR 51707