The Shipping Act of 1984 (Shipping Act or Act), 46 U.S.C. 40101 et seq., establishes an alternative antitrust regime that grants limited antitrust immunity to regulated entities and requires that they file their commercial agreements with the Federal Maritime Commission (FMC or Commission). Section 40301 identifies which agreements between ocean common carriers and/or marine terminal operators (MTOs) fall within the jurisdiction of the Act. Section 40302 requires that carriers and MTOs file those agreements with the Commission. Section 40304 provides the authority for Commission action on filed agreements, including the authority to require information from parties to an agreement. Section 40104 provides the authority for the Commission to require periodic or special reports from carriers and other related persons. These requests for additional information and the filing of reports assist the Commission in its statutory responsibility to analyze the activities of parties to agreements. Such information aids the Commission in monitoring the activities of agreement parties to determine whether any Commission action is required in response to adverse market conditions resulting from the agreement.
The net increase in burden hours for respondents from the current reported burden of 13,629 hours to 15,655 hours, as reflected in Item 12 above, is accounted for by a number of factors. However, those factors can generally be summarized in that, the nature of agreements received since the previous Paperwork Reduction Act submission has significantly increased in complexity. These increasingly complicated agreements with a wider range of potentially anti-competitive outcomes require a greater level of initial burden (given that more extensive review is required for unique agreements) and more detailed oversight through special monitoring requirements.
Regarding the government burden, any increased government burden was mitigated due to a Commission automation initiative. More specifically, in FY 2017, the Commission launched the eAgreements system which provided for the electronic filing of agreements in lieu of paper filings, streamlined the Commissionâs internal review of agreements, and automated the manual online publication process for filed agreements. These efforts reduced staff resources needed to process, review, publish and manage the Commissionâs filed agreements. While electronic filing is optional, external users were quick to adopt it. Currently, over 99 percent of agreements are filed electronically through the eAgreements system. Thus, automation has resulted in less resources being devoted to internal business processes, thereby allowing staff to focus efforts on analysis of the impact of filed agreements.
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:
(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;
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.
Form FMC-150 Agreements and Modifications: Information Form for Agreements
Agreements IC Supporting Statement FINAL.pdf
Agreements and Modifications: Information Form for Agreements