46 CFR 532 - NVOCC Negotiated Rate Arrangements

Forms and Documents

Document Name	Status
OMB Supporting Statement for part 532 Final Rule (revision 2).docx Supporting Statement A	2013-07-10
Worksheets 2013.docx Supplementary Document	2013-02-22

IC Document Collections

IC ID	Document Title	Status
192680	Recordkeeping/Auditing Requirements	Unchanged
192679	Modification of Tariff Invoking Exemption	Unchanged

ICR Details

OMB Control No: 3072-0071	ICR Reference No: 201307-3072-004
Status: Historical Active	Previous ICR Reference No: 201302-3072-001
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: 07/22/2013
	Date Received in OIRA: 07/02/2013
Terms of Clearance: As shown by the changes to this submission, FMC shall continue to report consistent and accurate estimates for the time and cost burdens of this collection.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	07/31/2016	36 Months From Approved	10/31/2015
Responses	1,252	0	930
Time Burden (Hours)	5,970	0	4,435
Cost Burden (Dollars)	0	0	0

---

Abstract: The Federal Maritime Commission is revising the regulations which govern negotiated rate arrangements. Specifically, the Commission proposes to impose registration requirements on foreign-based unlicensed non-vessel-operating common carriers and to extend an exemption from certain provisions and requirements of the Shipping Act of 1984 and the Commission regulations to foreign-based unlicensed non-vessel-operating common carriers that agree to negotiated rate arrangements.

---

Authorizing Statute(s): US Code: 46 USC 41109(e) Name of Law: Shipping Act of 1984
   US Code: 46 USC 40103 Name of Law: Shipping Act of 1984
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3072-AC51	Final or interim final rulemaking	78 FR 42886	07/18/2013

---

Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? Yes

---

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

IC Title	Form No.	Form Name
Recordkeeping/Auditing Requirements
Modification of Tariff Invoking Exemption

---

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	1,252	930	0	322	0	0
Annual Time Burden (Hours)	5,970	4,435	0	1,535	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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

Burden Increase Due to: Changing Regulations

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

Burden Reduction Due to:

Short Statement: The Commission proposes to extend the tariff rate publication exemption contained in 46 CFR part 532 to foreign-based unlicensed NVOCCs. Under the proposed rule, these foreign-based unlicensed NVOCCs that enter into NRAs will be subject to the same requirement that they include a prominent notice invoking the exemption in its electronically published rules tariff and indicate their intention to the Commission. In addition, foreign-based unlicensed NVOCCs must maintain all original NRAs and associated records including written communications for 5 years in a format easily produced to the Commission and must produce those records promptly upon request from the Commission.

---

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

---

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: 07/02/2013

---