46 CFR Part 531, NVOCC Service Arrangements

Forms and Documents

Document Name	Status
Form FMC 78 and instruc Form FMC-78, NVOCC Service Arrangement Registration Form and Instruction	Removed
OMB Support Statement Part 531 NSAs final rule.docx Supporting Statement A	2018-07-23

IC Document Collections

IC ID	Document Title	Status
32209	Form FMC-78, NVOCC Service Arrangement Registration Form and Instruction	Removed
229079	Modification of Tariff Invoking Exemption to use NSAs	Modified
223112	NSAs/Format Requirements - all filings	Removed
185815	Recordkeeping/Auditing Requirements	Modified
185813	Notification/Filing Requirements	Removed
185812	Essential Terms Publication	Removed

ICR Details

OMB Control No: 3072-0070	ICR Reference No: 201807-3072-003
Status: Active	Previous ICR Reference No: 201711-3072-005
Agency/Subagency: FMC	Agency Tracking No: Docket No. 17-10
Title: 46 CFR Part 531, NVOCC Service Arrangements
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 04/24/2019
	Date Received in OIRA: 07/23/2018
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2022	36 Months From Approved	03/31/2020
Responses	3,328	0	10,055
Time Burden (Hours)	127	0	831
Cost Burden (Dollars)	0	0	0

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Abstract: Section 16 of the Shipping Act of 1984, 46 U.S.C. 40103, authorizes the Federal Maritime Commission 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.” The Commission added 46 CFR 531 to exempt non-vessel-operating common carriers (NVOCCs) from the more stringent tariff rate publication requirements of the Shipping Act of 1984 and related provisions of the Commission’s regulations to permit them to enter into contracts with shippers similar to ocean common carrier service contracts. 69 FR 75850 (Dec. 20, 2004). The exemption was conditioned upon the filing of NVOCC service arrangements (NSAs) by the NVOCC offering the service; publication of the essential terms of NSAs; and confidential treatment of such NSAs. In addition, NVOCCs must maintain NSAs and associated records for 5 years in a format easily produced to the Commission and produce those records promptly upon request from the Commission.

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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

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3072-AC68	Final or interim final rulemaking	83 FR 34780	07/23/2018

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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

IC Title	Form No.	Form Name
Form FMC-78, NVOCC Service Arrangement Registration	FMC 78 and instructions 2017	NVOCC Service Arrangement Registration
Recordkeeping/Auditing Requirements
NSAs/Format Requirements - all filings
Essential Terms Publication
Modification of Tariff Invoking Exemption to use NSAs
Notification/Filing Requirements

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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	3,328	10,055	0	-6,727	0	0
Annual Time Burden (Hours)	127	831	0	-704	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: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: Given that the Final Rule in Docket No. 17-10 eliminates the NSA filing requirement in the Commission’s SERVCON system (and related Form FMC-78) as well as the Essential Terms publication requirement, the burden estimate to respondents for this information collection has been significantly reduced from 831 hours (2016 estimate) to 127 hours, a difference of 704 hours. More specifically, the following information collection requirements have been eliminated: NSAs/Format Requirements, Essential Terms Publication, Notification/Filing Requirements and Form FMC-78.

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Annual Cost to Federal Government: $11,122

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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: 07/23/2018

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