46 CFR 535-Ocean Common Carrier and Marine Terminal Operator Agreements Subject to the Shipping Act of 1984.

Forms and Documents

Document Name	Status
Form FMC-150 Information Form for Agreements Form	Modified
Form FMC-151 Monitoring Reports - Major Rate Agreements Form	New
0045 supporting statement.doc Supporting Statement A	0000-00-00

IC Document Collections

IC ID	Document Title	Status
32188	Information Form for Agreements Form	Modified
178875	Recordkeeping	New
178873	Minutes Filing	New
178872	Contract Guidelines	New
178871	Periodic Reports	New
178855	Monitoring Reports - Capacity Agreements	New
178854	Monitoring Reports - Minor Rate Agreements	New
178853	Monitoring Reports - Major Rate Agreements Form	New
178852	Filing of Agreements and Modifications	New

ICR Details

OMB Control No: 3072-0045	ICR Reference No: 200702-3072-001
Status: Historical Active	Previous ICR Reference No: 200410-3072-003
Agency/Subagency: FMC	Agency Tracking No:
Title: 46 CFR 535-Ocean Common Carrier and Marine Terminal Operator Agreements Subject to the Shipping Act of 1984.
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: 05/18/2007
	Date Received in OIRA: 03/02/2007
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2010	36 Months From Approved	05/31/2007
Responses	1,672	0	1,832
Time Burden (Hours)	13,620	0	35,770
Cost Burden (Dollars)	0	0	4,819,000

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Abstract: The FMC via 46 U.S.C. 40101 et seq. requires that subject agreements be filed with the FMC. The FMC is required to monitor agreements to ensure that such agreements do not produce anticompetitive results. As such, certain agreements are required to submit quarterly monitoring reports and minutes of meetings as long as the agreements are in effect. In the event that an agreement is found to have adverse effects, the FMC may bring suit in the U.S. District Court to enjoin the operation of that agreement. Respondents are agreements comprised of ocean common carriers and/or marine terminal operators. Agreements are staffed by their own personnel who are responsible for collecting, maintaining, and submitting data to the FMC.

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Authorizing Statute(s): US Code: 46 USC 40101 et seq. Name of Law: Shipping Act of 1984
  

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:
	71 FR 77021	12/22/2006
30-day Notice:	Federal Register Citation:	Citation Date:
	72 FR 9530	03/02/2007
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 9

IC Title	Form No.	Form Name
Information Form for Agreements	FMC-150	Information Form for Agreements
Monitoring Reports - Capacity Agreements
Minutes Filing
Recordkeeping
Filing of Agreements and Modifications
Monitoring Reports - Major Rate Agreements	FMC-151	Monitoring Report for Agreements Between or Among Ocean Common Carriers
Monitoring Reports - Minor Rate Agreements
Periodic Reports
Contract Guidelines

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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	1,672	1,832	0	0	-160	0
Annual Time Burden (Hours)	13,620	35,770	0	0	-22,150	0
Annual Cost Burden (Dollars)	0	4,819,000	0	0	-4,819,000	0

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

Burden Increase Due to:

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

Burden Reduction Due to:

Short Statement: Commission staff revised its method for calculating the workload burden to obtain more current and accurate information (see No. 12 of Supporting Statement).

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Annual Cost to Federal Government: $1,647,297

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

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

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: 03/02/2007

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