View Information Collection Request (ICR) Package
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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:
3072-0071
ICR Reference No:
201607-3072-001
Status:
Historical Active
Previous ICR Reference No:
201307-3072-004
Agency/Subagency:
FMC
Agency Tracking No:
Title:
46 CFR 532 - NVOCC Negotiated Rate Arrangements
Type of Information Collection:
Reinstatement without change of a previously approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved with change
Conclusion Date:
03/06/2017
Retrieve Notice of Action (NOA)
Date Received in OIRA:
08/04/2016
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
03/31/2020
36 Months From Approved
Responses
1,550
0
0
Time Burden (Hours)
1,365
0
0
Cost Burden (Dollars)
0
0
0
Abstract:
Section 16 of the Shipping Act of 1984, 46 U.S.C. § 40103, authorizes the 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. In 46 CFR Part 532, the Commission exempted non-vessel-operating common carriers (NVOCCs) from the tariff rate publication requirements of Part 520, and allowed an NVOCC to enter into an NVOCC Negotiated Rate Arrangement (NRA) in lieu of publishing its tariff rate(s), provided the NVOCC posts a prominent notice in its rules tariff invoking the NRA exemption and provides electronic access to its rules tariff to the public free of charge. This information collection corresponds to the rules tariff prominent notice and the requirement to make its tariff publicly available free of charge.
Authorizing Statute(s):
US Code:
46 USC 40103
Name of Law: Shipping Act of 1984
US Code:
46 USC 41109(e)
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:
81 FR 24814
04/27/2016
30-day Notice:
Federal Register Citation:
Citation Date:
81 FR 51446
08/04/2016
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 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
1,550
0
0
298
0
1,252
Annual Time Burden (Hours)
1,365
0
0
-4,605
0
5,970
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 burden estimate for this collection has decreased substantially since it was last submitted. The Commission extended the tariff publication exemption contained in 46 CFR part 532 to foreign-based registered NVOCCs, the number of which is currently 1,405. Accordingly, NVOCCs eligible to take advantage of the exemption and use negotiated rate arrangements was increased by 1,405 since the Commission issued its last rulemaking amending part 532. It was expected that this additional group of NVOCCs, who were granted the ability to utilize this exemption, could raise the percentage of NVOCCs using it considerably; however, this has not been the case. In fact, although it was anticipated that the majority of all NVOCCs would use the exemption, only 25% of NVOCCs, which is 1,295 NVOCCs in total, both licensed and foreign registered, have published the requisite rule to use NRAs. In addition, of those 25%, only 3% opted to use NRAs exclusively. The remaining 22% of NVOCCs utilize a combination of tariff rates and NRAs. The recordkeeping burden associated with tariff rates is already accounted for under the information collection in Part 520, Carrier Automated Tariffs, thus the prior burden estimate was higher than appropriate. For these reasons, the number of annual instances and thereby the respondent burden has been reduced from the previous 5,970 person-hours to 1,365 person-hours.
Annual Cost to Federal Government:
$9,764
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:
Rebecca Fenneman 2025235740 generalcounsel@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:
08/04/2016
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