46 CFR Part 565 - Controlled Carriers

Forms and Documents

Document Name	Status
2017-25255.pdf Supplementary Document	2017-11-22
3072-0060 - 2017 Controlled Carrier supporting statement FINAL.docx Supporting Statement A	2017-11-15

IC Document Collections

IC ID	Document Title	Status
32193	Rebuttal of Classification	Removed
185839	Submit Letter	Removed
185838	File Justification	Removed
185837	Change Operations	Modified

ICR Details

OMB Control No: 3072-0060	ICR Reference No: 201711-3072-004
Status: Historical Inactive	Previous ICR Reference No: 201409-3072-010
Agency/Subagency: FMC	Agency Tracking No:
Title: 46 CFR Part 565 - Controlled Carriers
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Improperly submitted and continue	Conclusion Date: 11/30/2017
	Date Received in OIRA: 11/22/2017
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2017	36 Months From Approved	09/30/2018
Responses	4	0	4
Time Burden (Hours)	7	0	7
Cost Burden (Dollars)	0	0	0

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Abstract: Sec. 9 of the Shipping Act of 1984 requires that the FMC monitor the practices of controlled carriers to ensure that they do not maintain rates or charges in their tariffs and service contracts that are below a level that is just and reasonable; nor establish, maintain or enforce unjust or unreasonable classifications, rules or regulations in those tariffs or service contracts which result or are likely to result in the carriage or handling of cargo at rates or charges that are below a just and reasonable level. 46 CFR Part 565 establishes the method by which the FMC determines whether a particular ocean common carrier is a controlled carrier subject to sec. 9 of the Shipping Act. When a government acquires a controlling interest in an ocean common carrier, or when a controlled carrier newly enters a US trade, the FMC's rules require that such a carrier notify the FMC of these events. The respondents to this information collection are ocean common carriers.

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Authorizing Statute(s): US Code: 46 USC 40701 - 40706 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:
	82 FR 36769	08/07/2017
30-day Notice:	Federal Register Citation:	Citation Date:
	82 FR 55607	11/22/2017
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Submit Letter
Change Operations
Rebuttal of Classification
File Justification

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Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

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

Burden Reduction Due to: Miscellaneous Actions

Short Statement: The Commission previously included in this collection information submitted by carriers under other sections of Part 565, including rebuttals to Commission designation of a carrier as a controlled carrier (§ 565.3), statements of justification submitted in response to Commission requests for information on specific rates, charges, classifications, rules, or regulations (§ 565.9), and supporting letters submitted to the Commission in conjunction with replacement rates, charges, classifications, rules or regulations published in response to Commission suspension of a carrier’s rates, charges, classifications, rules or regulations (§ 565.10). As part of our review of this collection, we have determined that these information submissions are collected during the conduct of administrative actions and investigations by the Commission directed against specific carriers and are therefore exempt from the requirements of the Paperwork Reduction Act. See 44 U.S.C. 3518(c)(1)(B)(ii); 5 CFR 1320.4(a)(2). These submissions have therefore been removed from this collection of information. The burden hour estimates and total estimated cost have likewise been limited to the notifications required by 46 CFR 565.4.

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Annual Cost to Federal Government: $253

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

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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: 11/22/2017

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