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OMB Control No: 3072-0070	ICR Reference No: 202506-3072-004
Status: Received in OIRA	Previous ICR Reference No: 202112-3072-002
Agency/Subagency: FMC	Agency Tracking No:
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	Date Submitted to OIRA: 07/01/2025

	Requested	Previously Approved
Expiration Date	36 Months From Approved	12/31/2025
Responses	1,825	650
Time Burden (Hours)	456	406
Cost Burden (Dollars)	41,343	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 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 contracts with shippers similar to ocean common carrier service contracts. 69 FR 75850 (Dec. 20, 2004). The exemption was conditioned upon the filing of NVOCC service arrangements (NSAs) with the Commission by the NVOCC offering the service; publication of the essential terms of NSAs; and confidential treatment of NSAs. In addition, NVOCCs were required to maintain NSAs and associated records for five years. In 2018, the Commission provided further relief of regulatory burdens on NVOCC by removing the NSA filing requirements effective August 22, 2018. (83 FR 34780) The filing exemption is conditioned upon the licensed NVOCC including a prominent notice invoking the exemption in its electronically published rules tariff and indicating their intention to the Commission. NVOCCs must continue to maintain original NSAs and associated records for 5 years in a format easily produced to the Commission, and provide those records promptly upon request from the Commission. NVOCCs wishing to invoke the exemption must: Including the terms listed in 46 CFR 531.6(b) in their NSA; Abide by the prohibitions in 46 CFR 531.6(c); Assign a unique NSA number to each agreement (46 CFR531.6(d)); Provide electronic access to its rules tariffs to the public free of charge (46 CFR 531.4(a); Indicate their intention to invoke the exemption by including a prominent notice on its rules tariff (46 CFR 531.4(b); Maintain original NSAs, amendments, and their associated records for five years from the termination of each NSA in a format that is readily available and useable by Commission (46 CFR 531.12(a)); and Provide those records to the agency upon a written request from the Commission (46 CFR 531.12(b)).

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

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:
	89 FR 91749	11/20/2024
30-day Notice:	Federal Register Citation:	Citation Date:
	90 FR 28743	07/01/2025
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
Modification of Tariff Invoking Exemption to use NSAs
Recordkeeping/Auditing Requirements

ICR Summary of Burden

	Total Request	Previously Approved	Change Due to Agency Discretion
Annual Number of Responses	1,825	650	1,175
Annual Time Burden (Hours)	456	406	50
Annual Cost Burden (Dollars)	41,343	0	41,343

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: No

Burden Reduction Due to:

Short Statement: The recordkeeping requirement burden increased; The Commission estimates that approximately 1,500 NVOCCs in total have invoked this exemption and would therefore be subject to the recordkeeping requirements. The number of NVOCCs is approximately 8,700, however only 325 NVOCCs on average filed an NSA exemption annually during the past three years.

Annual Cost to Federal Government: $13,062

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: Sarah Cinq Mars 202 523-1899 scinqmars@fmc.gov

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