46 CFR 532 - NVOCC Negotiated Rate Arrangements

Forms and Documents

Document Name	Status
Form FMC-1 Filing of FMC-1 Invoking Exemption Form and Instruction	Removed
Worksheets 2012.docx Supplementary Document	2012-09-21
Worksheets 2012.docx Supporting Statement B	2012-08-24
OMB_Supporting_Statement_Sept_21_2012[1].docx Supporting Statement A	2012-09-27

IC Document Collections

IC ID	Document Title	Status
192680	Recordkeeping/Auditing Requirements	Modified
192679	Modification of Tariff Invoking Exemption	Modified
192678	Filing of FMC-1 Invoking Exemption Form and Instruction	Removed

ICR Details

OMB Control No: 3072-0071	ICR Reference No: 201206-3072-001
Status: Historical Active	Previous ICR Reference No: 201103-3072-001
Agency/Subagency: FMC	Agency Tracking No:
Title: 46 CFR 532 - NVOCC Negotiated Rate Arrangements
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 10/04/2012
	Date Received in OIRA: 06/06/2012
Terms of Clearance: FMC shall include a PRA statement on its website and new publication dates whenever it updates its instructions.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2015	36 Months From Approved	08/31/2014
Responses	930	0	9,726
Time Burden (Hours)	4,435	0	15,237
Cost Burden (Dollars)	0	0	0

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Abstract: The Federal Maritime Commission is revising the regulations which govern negotiated rate arrangements. Specifically, the Commission is eliminating the requirement for the shipper's title and address in their written assent to rates; eliminating the requirement that the bill of lading include a notice that a shipment is moving pursuant to an NRA; and eliminating the requirement that an NVOCC retain all associated records and written communications pertaining to an NRA.

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Authorizing Statute(s): US Code: 46 USC 40103 Name of Law: Shipping Act of 1984
   US Code: 46 USC 41109(e) 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:
3072-AC38	Final or interim final rulemaking	75 FR 25150	05/07/2010

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Recordkeeping/Auditing Requirements
Modification of Tariff Invoking Exemption
Filing of FMC-1 Invoking Exemption	FMC-1	Tariff Registration Form

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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	930	9,726	0	-9,408	612	0
Annual Time Burden (Hours)	4,435	15,237	0	-648	-10,154	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: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: The Commission is removing several recordkeeping requirements associated with the use of negotiated rate arrangements including: the requirement that NVOCCs indicate their intention to move cargo under NRAs on their Form FMC-1 on file with the Commission; the requirement that the bill of lading include a notice that a shipment is moving pursuant to an NRA; and the requirement that an NVOCC retain all associated records and written communications pertaining to an NRA. The number of NVOCCs eligible to take advantage of the exemption and use negotiated rate arrangements has increased since the Commission originally issued its rulemaking establishing negotiated rate arrangements.

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Annual Cost to Federal Government: $6,074

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]? 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: 06/06/2012

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