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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:
202001-3072-003
Status:
Historical Active
Previous ICR Reference No:
201608-3072-001
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:
Reinstatement with change of a previously approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
08/15/2020
Retrieve Notice of Action (NOA)
Date Received in OIRA:
01/28/2020
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
08/31/2023
36 Months From Approved
03/31/2017
Responses
3,336
0
24
Time Burden (Hours)
15,655
0
2,112
Cost Burden (Dollars)
0
0
0
Abstract:
The Shipping Act of 1984 (Shipping Act or Act), 46 U.S.C. 40101 et seq., establishes an alternative antitrust regime that grants limited antitrust immunity to regulated entities and requires that they file their commercial agreements with the Federal Maritime Commission (FMC or Commission). Section 40301 identifies which agreements between ocean common carriers and/or marine terminal operators (MTOs) fall within the jurisdiction of the Act. Section 40302 requires that carriers and MTOs file those agreements with the Commission. Section 40304 provides the authority for Commission action on filed agreements, including the authority to require information from parties to an agreement. Section 40104 provides the authority for the Commission to require periodic or special reports from carriers and other related persons. These requests for additional information and the filing of reports assist the Commission in its statutory responsibility to analyze the activities of parties to agreements. Such information aids the Commission in monitoring the activities of agreement parties to determine whether any Commission action is required in response to adverse market conditions resulting from the agreement.
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:
84 FR 25275
05/31/2019
30-day Notice:
Federal Register Citation:
Citation Date:
85 FR 1156
01/09/2020
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
8
IC Title
Form No.
Form Name
Agreements and Modifications: Information Form for Agreements
FMC-150
Information Form for Agreements
Agreements and Modifications: Terminations of Agreements
Agreements and Modifications: Without Information Form
Contract Guidelines
Minutes Filing
Monitoring Reports - Alliance Agreements
FMC-151
Monitoring Reports for Agreements Between or Among Ocean Common Carriers
Monitoring Reports - Other Reporting Requirements
FMC-151
Monitoring Report
Monitoring Reports - Rate and Capacity Agreements
FMC-151
Monitoring Report
Monitoring Reports - VOCC Rate Discussion Agreements
FMC-151
Monitoring Report for Agreements Between or Among Ocean Common Carriers
Recordkeeping
Reports other than FMC-151 (Periodic Reports)
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
3,336
24
0
2,030
-159
1,441
Annual Time Burden (Hours)
15,655
2,112
0
7,397
-3,231
9,377
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:
Miscellaneous Actions
Burden decreases because of Program Change due to Agency Discretion:
Yes
Burden Reduction Due to:
Miscellaneous Actions
Short Statement:
The net increase in burden hours for respondents from the current reported burden of 13,629 hours to 15,655 hours, as reflected in Item 12 above, is accounted for by a number of factors. However, those factors can generally be summarized in that, the nature of agreements received since the previous Paperwork Reduction Act submission has significantly increased in complexity. These increasingly complicated agreements with a wider range of potentially anti-competitive outcomes require a greater level of initial burden (given that more extensive review is required for unique agreements) and more detailed oversight through special monitoring requirements. Regarding the government burden, any increased government burden was mitigated due to a Commission automation initiative. More specifically, in FY 2017, the Commission launched the eAgreements system which provided for the electronic filing of agreements in lieu of paper filings, streamlined the Commission’s internal review of agreements, and automated the manual online publication process for filed agreements. These efforts reduced staff resources needed to process, review, publish and manage the Commission’s filed agreements. While electronic filing is optional, external users were quick to adopt it. Currently, over 99 percent of agreements are filed electronically through the eAgreements system. Thus, automation has resulted in less resources being devoted to internal business processes, thereby allowing staff to focus efforts on analysis of the impact of filed agreements.
Annual Cost to Federal Government:
$2,073,301
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
Agency Contact:
Florence Carr 202 523-5796 tradeanalysis@fmc.gov
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:
01/28/2020