2133-0526 2008 Supporting Statement1

SUPPORTING STATEMENT FOR PAPERWORK REDUCTION ACT
SUBMISSIONS UNDER 5 CFR PART 1320
Information Collection: 2133-0526
Introduction: This is to request the Office of Management and Budget’s (OMB)
renewed three –year approved clearance for the information collection entitled,
Information to Determine Seamen’s Reemployment Rights – National Emergency; OMB
Control No. 2133-0526, which is currently due to expire on May 31, 2009.
A.

Justification

1.
Explain the circumstances that make the collection of information necessary.
Identify any legal or administrative requirements that necessitate the collection.
Attach a copy of the appropriate section of each statute and regulation mandating
or authorizing the collection of information.
This information supports the DOT National Security Strategic Goal by helping to ensure
sufficient qualified mariners to operate defense-related ships during a national
emergency. U.S. mariners performed a vital role in manning U.S.-flag ships operating in
the war zone, the Ready Reserve Force (RRF) and the Navy’s Fast Sealift Ships (FSS).
However, deficiencies occur in filling the additional jobs needed to operate these sealift
ships. The problem is attributable to the declining workforce. This situation will
continue as the number of afloat jobs continues to decline; manpower requirements for
emergency shipping are still substantial, and the regulatory requirements imposed upon
merchant seamen have significantly increased.
46 U.S.C. 52101 provides the procedures by which MARAD is able to certify that certain
merchant seamen are entitled to reemployment rights after completion of their service on
U.S. vessels during times of national emergency.
With the exception of training evolutions (e.g., RRF “breakout” exercises), these
reemployment rights are authorized only in the event of a national emergency. A
merchant seaman will be eligible for certification by the Maritime Administration only if
a prior employer does not reemploy him/her. To determine eligibility for certification of
reemployment rights, MARAD will require a copy of the mariner’s U. S Coast Guard
discharge form, which shows the date of completion of duty and service time, and a copy
of the seaman’s U.S. Coast Guard- issued Merchant Mariner’s Document (MMD, also
known as “Z-card”). MARAD will determine eligibility for certification and inform the
mariner of the Agency’s decision by letter.
2.
Indicate how, by whom, and for what purpose the information is to be used.
Except for a new collection, indicate the actual use the agency has made of the
information received from the current collection.

MARAD will only use the information during a national emergency to determine if U.S.
civilian mariners are eligible for reemployment rights under the Maritime Security Act of
1996. A formal letter from MARAD will transmit the eligibility decision.
3.
Describe whether, and to what extent, the collection of information involves
the use of automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology. Also describe any
consideration of using information technology to reduce burden.
MARAD provides a total electronic option for this collection.
4.
Describe efforts to identify duplication. Show specifically why any similar
information already available cannot be used or modified for use for the purposes
described in item 2 above.
There is no duplication. This information is collected only upon the declaration of a
national emergency and only to determine a merchant mariner’s eligibility for
reemployment rights. It is the responsibility of the applicant to send the documents
needed for certification to MARAD. There is no other source that can satisfy the
requirement for a mariner’s documentation.
5.
If the collection of information impacts small businesses or other small
entities (Item 5 of OMB Form 83-I), describe any methods used to minimize burden.
This information is collected from individual mariners. Businesses cannot provide this
information under the existing regulations.
6.
Describe the consequence to Federal program or policy activities if the
collection is not conducted or is conducted less frequently, as well as any technical
or legal obstacles to reducing burden.
This information is collected only as needed to determine eligibility of reemployment
rights. Without this information, MARAD cannot determine if an applicant is eligible for
the reemployment guarantee found in the Maritime Security Act of 1996.
7.
Explain any special circumstances that would cause an information collection
to be conducted in a manner:
•

requiring respondents to report information to the agency more often
than quarterly;

•

requiring respondents to prepare a written response to a collection of
information in fewer than 30 days after receipt of it;

•

requiring respondents to submit more than an original and two copies of
any document;

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•

requiring respondents to retain records, other than health, medical,
government contract, grant-in-aid, or tax records for more than three
years;

•

in connection with a statistical survey, that is not designed to produce
valid and reliable results that can be generalized to the universe of study;

•

requiring the use of a statistical data classification that has not been
reviewed and approved by OMB;

•

that includes a pledge of confidentiality that is not supported by authority
established in statute or regulation, that is not supported by disclosure
and data security policies that are consistent with the pledge, or which
unnecessarily impedes sharing data with other agencies for compatible
confidential use; or

•

requiring respondents to submit proprietary trade secret, or other
confidential information unless the agency can demonstrate that it has
instituted procedures to protect the information's confidentiality to the
extent permitted by law.

Not applicable. There are no special circumstances requiring the information to be
collected as described above.
8.
If applicable, provide a copy and identify the date and page number of
publication in the Federal Register of the agency's notice required by 5 CFR
1320.8(d), soliciting comments on the information collection prior to submission to
OMB. Summarize public comments received in response to that notice and describe
actions taken by the agency in response to these comments. Specifically address
comments received on cost and hour burden.
Describe efforts to consult with persons outside the agency to obtain their views on
the availability of data, frequency of collection, the clarity of instructions and
recordkeeping, disclosure, or reporting format (if any), and on the data elements to
be recorded, disclosed, or reported.
Consultation with representatives of those from whom information is to be obtained
or those who must compile records should occur at least once every three years even if the collection of information activity is the same as in prior periods. There
may be circumstances that may preclude consultation in a specific situation. These
circumstances should be explained.
The Maritime Administration published a 60-day notice and request for comments on this
information collection in the Federal Register on October 15, 2008, (Vol. 73, No. 200 at
61192 indicating comments should be submitted on or before December 15, 2008. No

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comments were received.
9.
Explain any decision to provide any payment or gift to respondents, other
than remuneration of contractors or grantees.
None.
10.
Describe any assurance of confidentiality provided to respondents and the
basis for the assurance in statute, regulation, or agency policy.
Applicants will be advised that any documentation they provide will be held in strictest
confidence.
11.
Provide additional justification for any questions of a sensitive nature, such
as sexual behavior and attitudes, religious beliefs, and other matters that are
commonly considered private. This justification should include the reasons why the
agency considers the questions necessary, the specific uses to be made of the
information, the explanation to be given to persons from whom the information is
requested, and any steps to be taken to obtain their consent.
Not Applicable. There are no questions of a sensitive nature.
12.
Provide estimates of the hour burden of the collection of information. The
statement should:
•

Indicate the number of respondents, frequency of response, annual hour
burden, and an explanation of how the burden was estimated. Unless
directed to do so, agencies should not conduct special surveys to obtain
information on which to base hour burden estimates. Consultation with a
sample (fewer than 10) of potential respondents is desirable. If the hour
burden on respondents is expected to vary widely because of differences
in activity, size, or complexity, show the range of estimated burden and
explain the reasons for the variance. Generally, estimates should not
include burden hours for customary and usual business practices.

•

If this request for approval covers more than one form, provide separate
hour burden estimates for each form and aggregate the hour burdens in
item 13 of OMB Form 83-I.

•

Provide estimates of annualized cost to respondents for the hour burdens
for collections of information, identifying and using appropriate wage
rate categories. The cost of contracting out or paying outside parties for
information collection activities should not be included here. Instead, this
cost should be included in item 14.
Responses

Total

4

Hours

Total

Number of
Respondents
10

x

Per
Respondent
1

Responses
Annually
=
10

Per
Hours
Response
Annually
x 1
= 10

In addition, MARAD estimates respondents will spend one hour collecting and
reproducing the required information. Therefore, given an estimated figure of $15.00, the
cost per response per year to each respondent is estimated:

Number of
Per
Respondents Response
10 x 1
x

Cost
Per
Hour
$15

x

Number
Of
Hours
1
=

Hours
Other
Total
Cost
Costs
Cost
Annually Annually Annually
150.
+ 0.00
= $150.00.

13.
Provide an estimate of the total annual cost burden to respondents or record
keepers resulting from the collection of information. (Do not include the cost of any
hour burden shown in items 12 and 14).
•

The cost estimate should be split into two components: (a) a total capital
and start-up cost component (annualized over its expected useful life);
and (b) a total operation and maintenance and purchase of services
component. The estimates should take into account costs associated with
generating, maintaining and disclosing or providing the information.
Include descriptions of methods used to estimate major cost factors
including system and technology acquisition, expected useful life of
capital equipment, the discount rate(s), and the time period over which
costs will be incurred. Capital and start-up costs include, among other
items, preparations for collecting information such as purchasing
computers and software; monitoring, sampling, drilling and testing
equipment; and record storage facilities.

•

If cost estimates are expected to vary widely, agencies should present
ranges of cost burdens and explain the reasons for the variance. The cost
of purchasing or contracting out information collection services should be
a part of this cost burden estimate. In developing cost burden estimates,
agencies may consult with a sample of respondents (fewer than 10), utilize
the 60-day pre-OMB submission public comment process and use existing
economic or regulatory impact analysis associated with the rulemaking
containing the information collection, as appropriate.

•

Generally, estimates should not include purchases of equipment or
services, or portions thereof, made: (1) prior to October 1, 1995, (2) to
achieve regulatory compliance with requirements not associated with the
information collection, (3) for reasons other than to provide information
or keep records for the government, or (4) as part of customary and usual
business or private practices.

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The annual cost burden to the respondents per response is as follows:
(a) Total Capital and Start-Up Costs Estimate:

N/A

(b) Total Operation and Maintenance and Purchase of Services Estimate: N/A
14.
Provide estimates of annualized cost to the Federal Government. Also
provide a description of the method used to estimate cost, which should include
quantification of hours, operational expenses (such as equipment, overhead,
printing, and support staff), and any other expense that would not have been
incurred without this collection of information. Agencies also may aggregate cost
estimates from items 12, 13, and 14 in a single table.
The total annual cost to the Federal Government for processing the collection is estimated
as follows:
One Time Costs: n/a; there are no one-time costs
It is estimated that two employees in various areas of the Maritime Administration spend
4.25 hours of their time collecting and assimilating information submitted with each
application.
Therefore, given an average salary of $25 per hour for each of the employees and an
overhead cost of 85% of the salary, the cost to the Government is estimated as follows:
Number of
Employees

Hourly
Wage

Project
Time

Cost Per
Application

2
x $25
x
4.25
Overhead at 85%
Sub-total
Times 10 responses per year

=
=
=
=

Maximum Total Annual Cost to Federal Government:

$212.50
$180.63
$393.13
$3,931.3
$ 3,931.30

15.
Explain the reasons for any program changes or adjustments reported in
items 13 or 14 of OMB Form 83-I.
The number of inquiries fell sharply.
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For collections of information whose results will be published, outline plans
for tabulation and publication. Address any complex analytical techniques that will
be used. Provide the time schedule for the entire project, including beginning and
ending dates of the collection of information, completion of report, publication dates
and other actions.

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MARAD projects about 10 cases per year, and will provide annually a simple status
report on all cases. This project will not commence absent a declaration of national
emergency.
17.
If seeking approval to not display the expiration date for OMB approval of
the information collection, explain the reasons that display would be inappropriate.
N/A.
18.
Explain each exception to the certification statement identified in Item 19,
"Certification for Paperwork Reduction Act Submissions," of OMB Form 83-I.
There are no exceptions to the certificate statement.

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