Application for Waiver of the Coastwise Trade Laws for Small Passenger Vessels

Forms and Documents

Document Name	Status
Supporting Statement 3-27-18.doc Supporting Statement A	2018-03-27
30-day FRN.pdf Supplementary Document	2018-03-26
60-day FRN.pdf Supplementary Document	2018-03-26

IC Document Collections

IC ID	Document Title	Status
26689	Application for Waiver of the Coastwise Trade Laws for Small Passenger Vessels Instruction	Modified

ICR Details

OMB Control No: 2133-0529	ICR Reference No: 201803-2133-002
Status: Active	Previous ICR Reference No: 201412-2133-001
Agency/Subagency: DOT/MARAD	Agency Tracking No: 2133-0529
Title: Application for Waiver of the Coastwise Trade Laws for Small Passenger Vessels
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 11/06/2018
	Date Received in OIRA: 03/29/2018
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2021	36 Months From Approved	11/30/2018
Responses	138	0	95
Time Burden (Hours)	138	0	95
Cost Burden (Dollars)	7,571	0	47,500

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Abstract: The response to the collection is voluntary. Persons (current U.S.- flag vessel operators and builders) desiring waiver of the coastwise trade laws affecting small passenger vessels may file a written application and justification for waiver to the Maritime Administration (MARAD). Respondents can submit an application on Form MA-1023 (which is available on MARAD’s website at www.marad.dot.gov under Programs, Small Vessel Waiver Program) or they may submit information in any format they desire. The information that would be reported and maintained in records are Small Vessel Application and Official Letter. These are publicly available in the docket maintained at regulations.gov. The collection frequency is on an as need basis. The information will be used by the Maritime Administration to determine if the applicant is entitled to a waiver to ensure the foreign vessel will not have an undue adverse effect on a current U.S. vessel operator or builder.

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Authorizing Statute(s): US Code: 46 USC 12121 Name of Law: Small passenger vessels and uninspected passenger vessels
   US Code: 46 USC 12132 Name of Law: Loss of coastwise trade privileges
   US Code: 46 USC 55102 Name of Law: Transportation of merchandise
   US Code: 46 USC 55103 Name of Law: Transportation of passengers
   US Code: 46 USC 12101 Name of Law: Coastwise endorsement
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	82 FR 57522	12/05/2017
30-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 12073	03/19/2018
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Application for Waiver of the Coastwise Trade Laws for Small Passenger Vessels	MA-1023	REQUEST FOR ADMINISTRATIVE WAIVER OF THE JONES ACT

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ICR Summary of Burden

	Total Approved	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	138	95	0	43	0	0
Annual Time Burden (Hours)	138	95	0	43	0	0
Annual Cost Burden (Dollars)	7,571	47,500	0	-39,929	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The number of respondents and burden hours has increased since the previous submission to an average of 138 applicants per year from 95 applicants per year due to the economic demand for tourism services in the key small vessel market areas of New York, New England, the Great Lakes and Florida. There have been more requests for the entry of new vessels into the sport fishing, sight-seeing and eco-tourism trades. In addition, an adjustment in the burden cost was due to calculating the actual mean hourly wage ($39.19 times 1.4 for benefits) for Ship Captains, Mates and Pilots of water vessels. The hourly wage used was taken from the BLS occupation table under the category of Mean hourly wage for Ship Captains, Mates and Pilots of water vessels (https://www.bls.gov/oes/current/oes535021.htm).

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Annual Cost to Federal Government: $50,870

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 03/29/2018

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