46 CFR 532 - NVOCC Negotiated Rate Arrangements

Forms and Documents

Document Name	Status
30 day FR Notice Parts 525; 530; 531; 532.pdf Supplementary Document	2025-07-01
Part 532 Background.docx Supplementary Document	2025-07-01
Part 532 NVOCC Negotiated Rate Arrangements Supporting Statement.docx Supporting Statement A	2025-07-01
60 day FR Notice.pdf Supplementary Document	2025-06-23

IC Document Collections

IC ID	Document Title	Status
222760	Modification of Tariff Invoking Exemption - NRAs exclusively	Modified
192680	Recordkeeping/Auditing Requirements	Modified
192679	Modification of Tariff Invoking Exemption (combination of tariff rates and NRAs)	Modified

ICR Details

OMB Control No: 3072-0071	ICR Reference No: 202506-3072-005
Status: Received in OIRA	Previous ICR Reference No: 202112-3072-003
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	Date Submitted to OIRA: 07/01/2025

	Requested	Previously Approved
Expiration Date	36 Months From Approved	07/31/2025
Responses	4,255	2,543
Time Burden (Hours)	3,925	2,402
Cost Burden (Dollars)	533,738	0

---

Abstract: Section 16 of the Shipping Act of 1984, 46 U.S.C. § 40103, authorizes the Federal Maritime Commission (“Commission”) to exempt by order or regulation “any class of agreements between persons subject to this [Act] or any specified activity of those persons from any requirement of this [Act] if the Commission 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 an exemption.” The Commission added 46 CFR 532 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 negotiated rate arrangements (NRAs) with shippers.76 FR 11351 (March 2, 2011). The Commission subsequently extended the tariff rate publication exemption contained in 46 CFR part 532 to foreign based unlicensed NVOCCs as well. 78 FR 42886 (July 10, 2013). The exemption is conditioned upon the NVOCC including a prominent notice invoking the exemption in its electronically published rules tariff and indicating their intention to the Commission. In addition, NVOCCs must maintain original NRAs and associated records for 5 years in a format easily produced to the Commission and furnish those records promptly upon request from the Commission. An NVOCC invoking the exemption must: Include its rates in a tariff open to public inspection (46 CFR 532.3(a)(1); Comply with 46 USC 40501(d) and (e) (46 CFR 532.3(b) and (c)); Comply with 46 USC 40503 (46 CFR 532.3(d); Adhere to the prohibitions in 46 USC 41104(a)(2)(A) (46 CFR 532.3(e); Include its rates in a tariff open for public inspection in an automated tariff system (46 CFR 532.3(f); Comply with 46 CFR 520.4(a)(4), 520.4(f), 520.6(e), 520.7(c) and (d), 520.8(a), 520.12, and 520.14 (46 CFR 523..3(g); Ensure their NRA meets the requirements of 46 CFR 532.5; Indicate their intention to the Commission and the public to invoke the exemption by a prominent notice in its rules tariff (46 CFR 532.6); Maintain original NRAs in a readily accessible and retrievable manner for 5 years from the completion date of performance of the NRA (46 CFR 532.7; and Promptly respond to requests by the Commission for those records (46 CFR 532.7).

---

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:
	Not associated with rulemaking

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 91749	11/20/2024
30-day Notice:	Federal Register Citation:	Citation Date:
	90 FR 28743	07/01/2025
Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 3

IC Title	Form No.	Form Name
Modification of Tariff Invoking Exemption (combination of tariff rates and NRAs)
Modification of Tariff Invoking Exemption - NRAs exclusively
Recordkeeping/Auditing Requirements

---

ICR Summary of Burden

	Total Request	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	4,255	2,543	0	1,712	0	0
Annual Time Burden (Hours)	3,925	2,402	0	1,523	0	0
Annual Cost Burden (Dollars)	533,738	0	0	533,738	0	0

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

Burden Increase Due to: Miscellaneous Actions

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

Burden Reduction Due to:

Short Statement: The estimated potential reporting respondent universe (licensed NVOCCs and foreign-based registered NVOCCs) is approximately 8,700; an average of 500 annually over the last three years have added a prominent notice to its electronically published rules tariff indicating the intention to invoke the NRA exemption. Of the total respondent universe, 3,800 have thus far invoked the exemption to use NRAs. The cost burden was added to each information collection.

---

Annual Cost to Federal Government: $12,065

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? No

---

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: 07/01/2025

---