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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
3072-0045
ICR Reference No:
201308-3072-001
Status:
Historical Active
Previous ICR Reference No:
201003-3072-001
Agency/Subagency:
FMC
Agency Tracking No:
Title:
46 CFR 535-Ocean Common Carrier and Marine Terminal Operator Agreements Subject to the Shipping Act of 1984.
Type of Information Collection:
Extension without change of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
11/13/2013
Retrieve Notice of Action (NOA)
Date Received in OIRA:
09/10/2013
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
11/30/2016
36 Months From Approved
11/30/2013
Responses
1,501
0
1,653
Time Burden (Hours)
13,629
0
10,502
Cost Burden (Dollars)
0
0
129,503
Abstract:
The FMC, via 46 U.S.C. 40301 and 40302, requires that subject agreements be filed with the FMC. The FMC is required to monitor agreements to ensure that such agreements do not produce anticompetitive results. As such, certain agreements are required to submit quarterly monitoring reports and minutes of meetings as long as the agreements are in effect. In the event that an agreement is found to have adverse effects, the FMC may bring suit in the U.S. District Court for the District of Columbia to enjoin the operation of that agreement. Respondents are agreements comprised of ocean common carriers and/or marine terminal operators. Agreements are staffed by their own personnel who are responsible for collecting, maintaining, and submitting data to the FMC.
Authorizing Statute(s):
US Code:
46 USC 40301 et seq.
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:
78 FR 38335
06/26/2013
30-day Notice:
Federal Register Citation:
Citation Date:
78 FR 55256
09/10/2013
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
10
IC Title
Form No.
Form Name
Contract Guidelines
Filing of Agreements and Modifications
Information Form for Agreements
FMC-150
Information Form for Agreements
Minutes Filing
Monitoring Reports - Capacity Agreements
FMC-151
Monitoring Report
Monitoring Reports - Major Rate Agreements
FMC-151
Monitoring Report for Agreements Between or Among Ocean Common Carriers
Monitoring Reports - Minor Rate Agreements
FMC-151
Monitoring Reports for Agreements Between or Among Ocean Common Carriers
Monitoring Reports - Rate and Capacity Agreements
FMC-151
Monitoring Report
Periodic Reports
Recordkeeping
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
1,501
1,653
0
-152
0
0
Annual Time Burden (Hours)
13,629
10,502
0
3,127
0
0
Annual Cost Burden (Dollars)
0
129,503
0
-129,503
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:
The increase in burden hours for respondents is accounted for by two factors. First, the number of agreements received has increased over the last three years. Second, the number of reports and minutes collected from respondents and the complexity of those reports had increased due to special requirements imposed by Commission Order. As these requirements have been substantially reduced when the Commission Orders were terminated, a reduction in respondents' estimated time burden is expected. Reduction in annual cost burden is due to the removal of filing fees incurred by respondents as they are only necessary to include if they fund a cost to the USG. The reduction is also due to the removal of costs associated with counsel obtaining a private vendor for report preparation. The data has a variety of carrier uses beyond preparation of Commission required submissions, and the data is not purchased solely for such submissions.
Annual Cost to Federal Government:
$940,209
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
Agency Contact:
Vern Hill 202 523-5783
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:
09/10/2013
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