[Federal Register: November 9, 1999 (Volume 64, Number 216)]
[Notices]               
[Page 61177-61178]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09no99-117]                         

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DEPARTMENT OF TRANSPORTATION

Maritime Administration

 
Reports, Forms and Recordkeeping Requirements; Agency Information 
Collection Activity Under OMB Review

AGENCY: Maritime Administration, DOT.
ACTION: Notice and request for comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.), this notice announces that the Information 
Collection abstracted below has been forwarded to the Office of 
Management and Budget (OMB) for review and comment. The nature of the 
information collection is described as well as its expected burden. The 
Federal Register Notice with a 60-day comment period soliciting 
comments on the following collection of information was published on 
July 8, 1999, at 64 FR 36831. Three respondents submitted comments 
pertaining to the collection. These are reviewed later in this notice.

DATES: Comments must be submitted on or before December 9, 1999.

FOR FURTHER INFORMATION CONTACT: Michael Hokana, Office of Ports and 
Domestic Shipping, Maritime Administration, 400 7th Street, SW, 
Washington, DC 20590, Telephone 202-366-0760, or FAX 202-366-6988. 
Copies of this collection can also be obtained from that office.

SUPPLEMENTARY INFORMATION:

Maritime Administration (MARAD)

    Title: Application for Waiver of the Coastwise Trade Laws for Small 
Passenger Vessels.
    OMB Control Number: 2133-NEW.
    Type of Request: Approval of a new request.
    Affected Public: Small passenger vessel owners desirous of 
operating in the coastwise trade.
    Form(s): None.
    Abstract: Owners of ship vessels desiring waiver of the coastwise 
trade laws affecting small passenger vessels will be required to file a 
written application and justification for waiver to the Maritime 
Administration (MARAD). The agency will review the application and make 
a determination whether to grant the requested waiver.
    Annual Estimated Burden Hours: 100 hours.

ADDRESSES: Send comments to the Office of Information and Regulatory 
Affairs, Office of Management and Budget, 725 17th Street, NW, 
Washington, DC 20503, Attention MARAD Desk Officer.

Comments Are Invited on

    Whether the proposed collection of information is necessary for the 
proper performance of the functions of the agency, including whether 
the information will have practical utility; the accuracy of the 
agency's estimate of the burden of the proposed information collection; 
ways to enhance the quality, utility and clarity of the information to 
be collected; and ways to minimize the burden of the collection of 
information on respondents, including the use of automated collection 
techniques or other forms of information technology. A comment to OMB 
is best assured of having its full effect if OMB receives it within 30 
days of publication.

Comments Received in Response to 60-Day Comment Period

    On July 8, 1999, a notice was published in the Federal Register, 64 
FR

[[Page 61178]]

36831, requesting comments within 60 days on this information 
collection. Three respondents submitted comments. One concurred, 
indicating it appeared all interests have been served by the wording 
and thought behind this measure. The second respondent made three 
recommendations: (1) Eliminate the geographical region of intended 
operation and trade. MARAD's response--Non-concur, we find it necessary 
to require the geographical region in order to make the necessary 
determination of adverse affect of the requested waiver. (2) Eliminate 
the requirement to include impact on other commercial passenger vessel 
operators in the application for waiver. MARAD's response--Non-concur, 
the information on impact is needed to determine the adverse affect, if 
any, and is therefore retained in the application information 
collection requirements. (3) Eliminate the application fee. MARAD's 
response--Non-concur, the application fee will be retained as it is 
Federal policy to assess a ``user charge'' against each identifiable 
recipient for special benefits derived from Federal activities beyond 
those received by the general public (Office of Management and Budget 
Circular A-25, ``User Charges,'' July 8, 1993). Processing a waiver 
application would provide such a special benefit.
    The third respondent proposed a number of changes to the proposed 
regulation. All comments are addressed in the preamble to the final 
rule. Here, we are concerned only with the four comments relevant to 
the information collection requirements: (1) Suggest that only the 
owner of the vessel should be able to submit a waiver application. 
MARAD's response--Concur, we have revised the rule to reflect this 
requirement. (2) Suggest the applicant be required to provide a 
statement explaining the duration of the applicant's ownership of the 
vessel, his cost of purchasing or otherwise obtaining the vessel, and 
the uses to which he has put the vessel since obtaining it. MARAD's 
response--We believe these questions are unnecessary for MARAD to 
effectively carry out its responsibilities under Title V of the Coast 
Guard Authorization Act of 1998. (3) The association supports the 
application fee of $300. (4) Require that no substantial change in 
employment of the vessel in the coastwise trade may be made without 
prior notice to MARAD. MARAD's response--Concur, we have added this 
requirement to the final rule, indicating that failure to provide 
advance notice may effect an immediate revocation of the waiver under 
section 388.5.


    Issued in Washington, DC on November 3, 1999.
Joel C. Richard,
Secretary, Maritime Administration.
[FR Doc. 99-29268 Filed 11-8-99; 8:45 am]
BILLING CODE 4910-81-P