Background

Part 540 background.docx

46 CFR Part 540 - Application for Certificate of Financial Responsibility

Background

OMB: 3072-0012

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46 CFR Part 540 – Passenger Vessel Financial Responsibility


OMB Control Number: 3072-0012

Information Collection Reference Number: 202506-3072-001

Previous Information Collection Reference Number: 202203-3072-002


Part 540 establishes the requirements for passenger vessel operators (PVOs or cruise lines) to maintain financial responsibility to meet liability incurred for injury or death aboard a cruise, or for non-performance of the cruise for all passengers. Cruise lines meet this requirement by applying for a certificate from the FMC every five years. This application process involved the submission of a number of pieces of information, depending on how the PVO chooses to demonstrate financial responsibility. Because the Commission requires the provision of information and documents, Part 540 requires an information collection clearance from OMB.


In 2022, the FMC issued a final rule updating this part following the COVID pandemic which significantly affected the cruise industry. The final rule was published in the Federal Register on March 17, 2022, and became effective on April 18, 2022. Among other changes, the final rule revised Form FMC-131 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.


In 2024, the 60-day Federal Register Notice was published on 10/30/2024. No comments were received.


In 2025, the 30-day Federal Register Notice was published on 6/16/2025. A correction was published on 6/30/2025.


The current information collection expiration date is 7/31/2025.

File Typeapplication/vnd.openxmlformats-officedocument.wordprocessingml.document
AuthorJason Guthrie
File Modified0000-00-00
File Created2025-07-01

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