46 CFR 531, NVOCC Service Arrangements

Forms and Documents

Document Name	Status
Form FMC-78 Form FMC-78, NVOCC Service Arrangement Registration Form and Instruction	Modified
0070 sup statement 2008 rev.doc Supporting Statement A	2008-07-24

IC Document Collections

IC ID	Document Title	Status
32209	Form FMC-78, NVOCC Service Arrangement Registration Form and Instruction	Modified
185815	Recordkeeping/Auditing Requirements	New
185814	Disclosure/Third Party	New
185813	Notification/Filing Requirements	New
185812	Essential Terms Publication	New
185811	NSAs/Format Requirements	New

ICR Details

OMB Control No: 3072-0070	ICR Reference No: 200807-3072-005
Status: Historical Active	Previous ICR Reference No: 200508-3072-001
Agency/Subagency: FMC	Agency Tracking No:
Title: 46 CFR 531, NVOCC Service Arrangements
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: 08/30/2008
	Date Received in OIRA: 07/28/2008
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2011	36 Months From Approved	09/30/2008
Responses	7,752	0	2,576,667
Time Burden (Hours)	13,082	0	190,252
Cost Burden (Dollars)	0	0	0

---

Abstract: Sec. 16 of the Shipping Act of 1984 authorizes the FMC to exempt by rule "any class of agreements between persons subject to this Act or any specified activity of those persons from any requirement of this Act if it finds that the exemption will not result in substantial reduction in competition or be detrimental to commerce. The Commission may attach conditions to any exemption and may, by order, revoke any exemption." 46 CFR 531 exempts NVOCCs from the otherwise applicable statutory and regulatory requirements of the Shipping Act and FMC's tariff regulations for service arrangements they reach with their shippers. The exemption is conditioned upon the filing of these service arrangements by the NVOCC offering the service. These regulations also ensure compliance with the licensing and financial responsibility requirements of the Shipping Act. The respondents to the information collection are NVOCCs.

---

Authorizing Statute(s): US Code: 46 USC 40103 Name of Law: Shipping Act of 1984
   US Code: 46 USC 40901-40904 Name of Law: Shipping Act of 1984
  

Citations for New Statutory Requirements: None

---

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

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	73 FR 27537	05/13/2008
30-day Notice:	Federal Register Citation:	Citation Date:
	73 FR 43759	07/28/2008
Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 6

IC Title	Form No.	Form Name
Essential Terms Publication
Notification/Filing Requirements
Recordkeeping/Auditing Requirements
Disclosure/Third Party
Form FMC-78, NVOCC Service Arrangement Registration	FMC-78	NVOCC Service Arrangement Registration
NSAs/Format Requirements

---

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	7,752	2,576,667	0	0	-2,568,915	0
Annual Time Burden (Hours)	13,082	190,252	0	0	-177,170	0
Annual Cost Burden (Dollars)	0	0	0	0	0	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: The number of respondents and annual instances for NSAs was overestimated in the initial OMB clearance package filed in 2005. At that time, it was estimated the number of NSA filings would be on the same level as the number of service contracts filed annually. However, this has not happened, and the annual time burden requested, based upon actual filings, is 177,170 hours less than that requested in 2005.

---

Annual Cost to Federal Government: $179,119

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

---

Common Form ICR:  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:

(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: 07/28/2008

---