46 CFR 535-Ocean Common Carrier and Marine Terminal Operator Agreements Subject to the Shipping Act of 1984.

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form FMC-150 Information Form for Agreements	Form	Modified	Available
Form FMC-151 Monitoring Reports - Rate and Capacity Agreements	Form	Modified	Repair queued
Form FMC-151 Monitoring Reports - Capacity Agreements	Form	Modified	Repair queued
Form FMC-151 Monitoring Reports - Minor Rate Agreements	Form	Modified	Available
Form FMC-151 Monitoring Reports - Major Rate Agreements	Form	Modified	Available
Agreements IC Supporting Statement 2013 extension FINAL.docx	Supporting Statement A	Uploaded 2013-09-06	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
32188	Information Form for Agreements	Form	Modified
192375	Monitoring Reports - Rate and Capacity Agreements	Form	Modified
178875	Recordkeeping		Unchanged
178873	Minutes Filing		Modified
178872	Contract Guidelines		Modified
178871	Periodic Reports		Modified
178855	Monitoring Reports - Capacity Agreements	Form	Modified
178854	Monitoring Reports - Minor Rate Agreements	Form	Modified
178853	Monitoring Reports - Major Rate Agreements	Form	Modified
178852	Filing of Agreements and Modifications		Modified

ICR Details

OMB Control No: 3072-0045	ICR Reference No: 201308-3072-001
Status: Historical Active	Previous ICR Reference No: 201003-3072-001
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: 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: 11/13/2013
	Date Received in OIRA: 09/10/2013
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2016	36 Months From Approved	11/30/2013
Responses	1,501	0	1,653
Time Burden (Hours)	13,629	0	10,502
Cost Burden (Dollars)	0	0	129,503

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Abstract: The FMC, via 46 U.S.C. 40301 and 40302, requires that subject agreements be filed with the FMC. The FMC is required to monitor agreements to ensure that such agreements do not produce anticompetitive results. As such, certain agreements are required to submit quarterly monitoring reports and minutes of meetings as long as the agreements are in effect. In the event that an agreement is found to have adverse effects, the FMC may bring suit in the U.S. District Court for the District of Columbia to enjoin the operation of that agreement. Respondents are agreements comprised of ocean common carriers and/or marine terminal operators. Agreements are staffed by their own personnel who are responsible for collecting, maintaining, and submitting data to the FMC.

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Authorizing Statute(s): US Code: 46 USC 40301 et seq. Name of Law: Shipping Act of 1984
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	78 FR 38335	06/26/2013
30-day Notice:	Federal Register Citation:	Citation Date:
	78 FR 55256	09/10/2013
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 10

table that charts list of burden

IC Title	Form No.	Form Name
Information Form for Agreements	FMC-150	Information Form for Agreements
Monitoring Reports - Capacity Agreements	FMC-151	Monitoring Report
Filing of Agreements and Modifications
Monitoring Reports - Major Rate Agreements	FMC-151	Monitoring Report for Agreements Between or Among Ocean Common Carriers
Monitoring Reports - Minor Rate Agreements	FMC-151	Monitoring Reports for Agreements Between or Among Ocean Common Carriers
Periodic Reports
Contract Guidelines
Minutes Filing
Monitoring Reports - Rate and Capacity Agreements	FMC-151	Monitoring Report
Recordkeeping

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ICR Summary of Burden

table that charts list 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	1,501	1,653	0	-152	0	0
Annual Time Burden (Hours)	13,629	10,502	0	3,127	0	0
Annual Cost Burden (Dollars)	0	129,503	0	-129,503	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: The increase in burden hours for respondents is accounted for by two factors. First, the number of agreements received has increased over the last three years. Second, the number of reports and minutes collected from respondents and the complexity of those reports had increased due to special requirements imposed by Commission Order. As these requirements have been substantially reduced when the Commission Orders were terminated, a reduction in respondents' estimated time burden is expected. Reduction in annual cost burden is due to the removal of filing fees incurred by respondents as they are only necessary to include if they fund a cost to the USG. The reduction is also due to the removal of costs associated with counsel obtaining a private vendor for report preparation. The data has a variety of carrier uses beyond preparation of Commission required submissions, and the data is not purchased solely for such submissions.

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Annual Cost to Federal Government: $940,209

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

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Common Form ICR:  No

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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: 09/10/2013

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