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:
3072-0070
ICR Reference No:
201711-3072-005
Status:
Historical Inactive
Previous ICR Reference No:
201703-3072-005
Agency/Subagency:
FMC
Agency Tracking No:
Docket No. 17-10
Title:
46 CFR Part 531, NVOCC Service Arrangements
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Comment filed on proposed rule and continue
Conclusion Date:
02/13/2018
Retrieve Notice of Action (NOA)
Date Received in OIRA:
11/30/2017
Terms of Clearance:
OMB files this comment in accordance with 5 CFR 1320.11( c ). This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. This action has no effect on any current approvals. If OMB has assigned this ICR a new OMB Control Number, the OMB Control Number will not appear in the active inventory. For future submissions of this information collection, reference the OMB Control Number provided. OMB reminds FMC to follow the requirements in 5 CFR 1320 if it wishes to include this collection of information in the final rule.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
03/31/2020
36 Months From Approved
03/31/2020
Responses
10,055
0
10,055
Time Burden (Hours)
831
0
831
Cost Burden (Dollars)
0
0
0
Abstract:
Section 16 of the Shipping Act of 1984, 46 U.S.C. 40103, authorizes the Federal Maritime Commission to exempt by rule “any class of agreements between persons subject to this Act or any specified activity of those persons from any requirement of this Act if it 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 any exemption.” The Commission added 46 CFR 531 in January 2005 to exempt non-vessel-operating common carriers (NVOCCs) from the otherwise applicable statutory and regulatory requirements of the Shipping Act and the Commission’s tariff regulations for service arrangements they reach with their shippers. The exemption is conditioned upon the filing of NVOCC service arrangements (NSAs) by the NVOCC offering the service. These regulations also ensure compliance with the licensing and financial responsibility requirements of the Shipping Act, 46 U.S.C. 40901-40904. The proposed rule would eliminate the requirement that NSAs be filed with the Commission. .
Authorizing Statute(s):
US Code:
46 USC 40103
Name of Law: Shipping Act of 1984
US Code:
46 USC 40901-40904
Name of Law: Shipping Act of 1984
Citations for New Statutory Requirements:
None
EO 14192 Designation:
Deregulatory
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
3072-AC68
Proposed rulemaking
82 FR 56781
11/30/2017
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
2
IC Title
Form No.
Form Name
Essential Terms Publication
Form FMC-78, NVOCC Service Arrangement Registration
FMC 78 and instructions 2017
NVOCC Service Arrangement Registration
Modification of Tariff Invoking Exemption to use NSAs
NSAs/Format Requirements - all filings
Notification/Filing Requirements
Recordkeeping/Auditing Requirements
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:
Given that the proposed rule eliminates the NSA filing requirement in the Commission’s SERVCON system (and related Form FMC-78) as well as the Essential Terms publication requirement, the burden estimate to respondents for this information collection has been significantly reduced from 831 hours (2016 estimate) to 127 hours, a difference of 704 hours. More specifically, the following information collection requirements have been eliminated: NSAs/Format Requirements, Essential Terms Publication, Notification/Filing Requirements and Form FMC-78 (See Attachment 1). Similarly, a considerable reduction to the burden to the Federal government would be achieved under the proposed rule, i.e., from 1,795 hours to 96 hours.
Annual Cost to Federal Government:
$10,570
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?
Uncollected
Agency Contact:
Gary Kardian 202 523-5856
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:
11/30/2017
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