46 CFR 532 - NVOCC Negotiated Rate Arrangements

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
0071 2016 OMB Extension FR 30 day notice - FINAL.docx	Supplementary Document	Uploaded 2016-07-29	Available
OMB Supporting Statement for Part 532 Extension (Revised).docx	Supporting Statement A	Uploaded 2017-02-23	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
222760	Modification of Tariff Invoking Exemption - NRAs exclusively		New
192680	Recordkeeping/Auditing Requirements		Modified
192679	Modification of Tariff Invoking Exemption (combination of tariff rates and NRAs)		Modified

ICR Details

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
	Date Received in OIRA: 08/04/2016
Terms of Clearance:

table that charts list comparision

	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

table that charts list of burden

IC Title	Form No.	Form Name
Recordkeeping/Auditing Requirements
Modification of Tariff Invoking Exemption (combination of tariff rates and NRAs)
Modification of Tariff Invoking Exemption - NRAs exclusively

---

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	1,550	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

---

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

---