46 CFR Part 540 - Application for Certificate of Financial Responsibility

ICR 202109-3072-002

OMB: 3072-0012

Federal Form Document

IC Document Collections
IC ID
Document
Title
Status
32177 Modified
249593
New
244717 Modified
244716
Modified
244715
Modified
244714
Unchanged
185630
Unchanged
185629
Modified
185628 Modified
185617
Unchanged
185616
Modified
185615 Modified
185612
Unchanged
185611
Unchanged
185610
Unchanged
185608
Modified
185606
Modified
185592
Modified
185591
Unchanged
ICR Details
3072-0012 202109-3072-002
Received in OIRA 202010-3072-002
FMC
46 CFR Part 540 - Application for Certificate of Financial Responsibility
Revision of a currently approved collection   No
Regular 10/19/2021
  Requested Previously Approved
36 Months From Approved 04/30/2024
560 445
1,243 1,233
64,482 49,204

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.

PL: Pub.L. 89 - 777 2 and 3 Name of Law: Safety at Sea Act
  
None

3072-AC82 Proposed rulemaking 86 FR 47441 08/25/2021

No

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 - Insurance Casualty Certificants
Coverage Requirement - Performance Certificants
Escrow Agreement - New and Amended
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, FMC-133A Guaranty in Respect of Liability for Nonperformance, Section 3 of the Act ,   Guaranty in Respect of Liability for Nonperformance, Section 3 of the Act
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
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

  Total Request 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 560 445 0 115 0 0
Annual Time Burden (Hours) 1,243 1,233 0 10 0 0
Annual Cost Burden (Dollars) 64,482 49,204 0 15,278 0 0
Yes
Miscellaneous Actions
Yes
Miscellaneous Actions
Form FMC-131 is being revised to include a required field for PVOs to provide the web page address of their refund instructions on how passengers may obtain refunds in the event of nonperformance of transportation. The process for obtaining refunds in the event of nonperformance are outlined in revised forms FMC-132A, FMC-133A, and the escrow account. The passenger must make a written request for a refund from the PVO in accordance with the respective PVO’s claims procedures. If the PVO claims procedure provides less than 180 days for submission of claims after nonperformance of transportation, the passenger may seek reimbursement from the financial instrument provider after providing written notification to the PVO.

$160,494
No
    No
    No
No
No
No
No
Cindy Hennigan 202 523-5787 chennigan@fmc.gov

  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:
 
 
 
 
 
 
 
    (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;
 
 
 
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.
10/19/2021


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