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khammond on DSKJM1Z7X2PROD with PROPOSALS

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Federal Register / Vol. 86, No. 162 / Wednesday, August 25, 2021 / Proposed Rules
Current Action: The proposed rule would amend 1 the Application for Certificate of Financial Responsibility filing requirements adding the website and 2 unearned passenger revenue reports by PVOs adding nonperformance of transportation occurrences. Currently, part 540
requires that passenger vessel operators file unearned passenger revenue only, on a semiannual basis.
Type of Request: Revision of a previously approved collection.
Needs and Uses: The Commission issues certificates Performance and Casualty to PVOs for the Indemnification of Passengers for Nonperformance of Transportation and Financial Responsibility to Meet Liability Incurred for Death or Injury to Passengers or Other Persons under Public Law 89777 codified as 46
U.S.C. 44102 and 44103.
Frequency: Filings are submitted to the Commission on a semiannual basis.
Type of Respondents: Passenger vessel operators or their duly appointed agents are required to file applications and unearned passenger revenue reports with the Commission.
Number of Annual Respondents: The Commission does not anticipate that the proposed revisions would affect the number of respondents. As a general matter, however, the number of respondents has decreased since the last revision to the information collection.
The Commission estimates an annual respondent universe of 48 passenger vessel operators.
Estimated Time per Response: The Commission does not anticipate that the proposed revisions would affect the estimated time per response, which would continue to be 8 person-hours for reporting and recordkeeping requirements contained in the regulations and for completing Form131.
Total Annual Burden: The Commission does not anticipate that the proposed revisions would affect the number of applications or unearned passenger revenue reports filed, however there will be an increase in the burden associated with each filing and would in fact affect the total annual burden. Due to the increase in the amount of information being collected since the last revision, the Commission expects that the total annual burden will increase. The Commission estimates the total person-hour burden at 2,087
person-hours.
Comments are invited on:
Whether the collection of information is necessary for the proper performance of the functions of the
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Commission, including whether the information will have practical utility;
Whether the Commissions estimate for the burden of the information collection is accurate;
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.
Please submit any comments, identified by the docket number in the heading of this document, by the methods described in the ADDRESSES
section of this document.
Executive Order 12988 Civil Justice Reform The Commission will ensure that any proposed or final rule issued in this proceeding meets the applicable standards in E.O. 12988 titled, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden.
Regulation Identifier Number The Commission assigns a regulation identifier number RIN to each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions Unified Agenda.
The Regulatory Information Service Center publishes the Unified Agenda in April and October of each year. You may use the RIN contained in the heading at the beginning of this document to find this action in the Unified Agenda, available at http
www.reginfo.gov/public/do/
eAgendaMain.
VII. Proposed Regulatory Language List of Subjects in 46 CFR Part 540
Insurance, Maritime carriers, Penalties, Reporting and recordkeeping requirements, Surety bonds.
For the reasons stated in the preamble, the Federal Maritime Commission proposes to amend part 540 of Title 46 Code of Federal Regulations as follows:
PART 540PASSENGER FINANCIAL
RESPONSIBILITY
1. The authority citation for part 540
continues to read as follows:

Authority: 5 U.S.C. 552, 553; 31 U.S.C.
9701; 46 U.S.C. 305, 4410144106.

2. Amend 540.2 by revising paragraph i and adding paragraph m to read as follows:

540.2

PO 00000

Definitions.

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Fmt 4702

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i Unearned Passenger Revenue means that passenger revenue received for water transportation and all other accommodations, services, and facilities that have not been performed by the PVO. Passenger revenue includes port fees, taxes, and all ancillary fees remitted to the PVO by the passenger.

m Nonperformance of transportation means cancelling or delaying a voyage by three 3 or more calendar days, if the passenger elects not to embark on the delayed voyage or a substitute voyage offered by the passenger vessel operator.
3. Amend 540.9 by revising paragraphs f, h, and i to read as follows:
540.9

Miscellaneous.

f Process for obtaining refunds from the financial instrument in the event of nonperformance. 1 The passenger must make a written request for a refund from the PVO in accordance with the respective PVOs 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.
2 In the event the passenger is unable to resolve the claim within 180
days after nonperformance of transportation occurs or if the claim is denied by the PVO, the passenger may submit a claim against the financial instrument as per instructions on the Commission website. The claim must include a copy of the boarding pass, proof and amount of payment, the cancellation or delay notice, and dated proof of properly filed claim against the PVO or written notification as required in paragraph 1 above. All documentation must clearly display the vessel and voyage with the scheduled and actual date of sailing.

h Every person who has been issued a Certificate Performance must submit to the Commission a semi-annual statement of any changes with respect to the information contained in the application or documents submitted in support thereof or a statement that no changes have occurred. Negative statements are required to indicate no change. These statements must cover the 6-month period of January through June and July through December and include a statement of the highest unearned passenger vessel revenue accrued for each month in the 6-month reporting period as well as any
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