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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

ICR Summary of Burden

	Total Approved	Previously Approved	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	2,030	-159	1,441
Annual Time Burden (Hours)	15,655	2,112	7,397	-3,231	9,377
Annual Cost Burden (Dollars)	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

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