The Commission is required by section
9 of the Shipping Act of 1984 (46 U.S.C. 40701-40706) to ensure
that controlled carriers (i.e., carriers owned or controlled by a
government) publish and use rates, charges, classifications, rules,
and regulations that are just and reasonable. Carriers are required
to notify the Commission of certain events, including certain
changes in ownership or control and their entry into the U.S. trade
when they meet certain ownership or control conditions, so that
that the Commission can determine whether they are controlled
carriers under the Act. 46 CFR 565.4. This information allows the
Commission to identify controlled carriers and to monitor their
activities to ensure that they do not engage in the acts prohibited
by section 9 of the Act (46 U.S.C. 40701-40706), i.e., to charge or
assess rates below a just and reasonable level or to reduce
effective tariff rates sooner than the 30th day after the date of
publication.
The Commission previously
included in this collection information submitted by carriers under
other sections of Part 565, including rebuttals to Commission
designation of a carrier as a controlled carrier (§ 565.3),
statements of justification submitted in response to Commission
requests for information on specific rates, charges,
classifications, rules, or regulations (§ 565.9), and supporting
letters submitted to the Commission in conjunction with replacement
rates, charges, classifications, rules or regulations published in
response to Commission suspension of a carrier’s rates, charges,
classifications, rules or regulations (§ 565.10). As part of our
review of this collection, we have determined that these
information submissions are collected during the conduct of
administrative actions and investigations by the Commission
directed against specific carriers and are therefore exempt from
the requirements of the Paperwork Reduction Act. See 44 U.S.C.
3518(c)(1)(B)(ii); 5 CFR 1320.4(a)(2). These submissions have
therefore been removed from this collection of information. The
burden hour estimates and total estimated cost have likewise been
limited to the notifications required by 46 CFR 565.4.
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:
(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;
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.