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OMB Control No: 3072-0071	ICR Reference No: 202112-3072-003
Status: Active	Previous ICR Reference No: 201807-3072-001
Agency/Subagency: FMC	Agency Tracking No:
Title: 46 CFR 532 - NVOCC Negotiated Rate Arrangements
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: 07/15/2022
Retrieve Notice of Action (NOA)	Date Received in OIRA: 04/04/2022
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	07/31/2025	36 Months From Approved	07/31/2022
Responses	2,543	0	1,818
Time Burden (Hours)	2,402	0	1,641
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 (“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.” The Commission added 46 CFR 532 to exempt non-vessel-operating common carriers (NVOCCs) from the more stringent tariff rate publication requirements of the Shipping Act of 1984 and related provisions of the Commission’s regulations to permit them to enter into negotiated rate arrangements (NRAs) with shippers.76 FR 11351 (March 2, 2011). The Commission subsequently extended the tariff rate publication exemption contained in 46 CFR part 532 to foreign based unlicensed NVOCCs as well. 78 FR 42886 (July 10, 2013). The exemption is conditioned upon the NVOCC including a prominent notice invoking the exemption in its electronically published rules tariff and indicating their intention to the Commission. In addition, NVOCCs must maintain original NRAs and associated records for 5 years in a format easily produced to the Commission and furnish those records promptly upon request from the Commission.

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:
	86 FR 69254	12/07/2021
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 18368	03/30/2022
Did the Agency receive public comments on this ICR? No

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to Agency Discretion
Annual Number of Responses	2,543	1,818	725
Annual Time Burden (Hours)	2,402	1,641	761
Annual Cost Burden (Dollars)	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 estimated potential reporting respondent universe (licensed NVOCCs and foreign-based registered NVOCCs) is 6929. Of the total respondent universe, 2,349 have thus far invoked the exemption to use NRAs. Based on the current number of NVOCCs that have evoked this exemption the total estimated hour burden for this information collection is 2,402 person-hours, as set forth below. Modification of Tariff Invoking Exemption to use NRAs: An NVOCC publishes a prominent notice in its tariff to invoke the exemption. The Commission uses the information filed by NVOCCs in its rules tariff to determine whether an NVOCC has invoked the exemption to use NSAs. On average, 194 existing or new NVOCCs annually invoke the exemption to use NRAs by filing a rule or prominent notice in their rules tariff. The time estimate is greater for the 3% of NVOCCs that use NRAs exclusively because those NVOCCs largely self-publish their tariffs. Recordkeeping/Audit Requirements: NVOCCs create original NRAs, which are kept primarily in MS Word Doc, MS Excel or Pdf formatted files and stored electronically in their internal databases/contract management systems which are easily retrievable and produced. Many NRAs are executed by electronic signature or by an email acceptance. Based on consultation with a major tariff publisher who provides NRA contract management software, their NVOCC clients incur, on average, one hour to manage and organize their electronic portfolio of NRAs to file/store for recordkeeping and auditing requirements. For smaller NVOCCs that opt to self-publish their tariffs and use NRAs, we likewise estimate one hour annually for recordkeeping and storage management. The recordkeeping/audit processes used by NVOCCs invoking the NRA exemption result in an estimated burden of 2,349 hours for the recordkeeping function.

Annual Cost to Federal Government: $10,688

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: Kristen Monaco 202 523-5789

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