46 CFR 530 - Service Contracts and Related Form FMC-83

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form 83 Form FMC-83 - Service Contract Registration	Form and Instruction	Modified	Available
NPRM OMB supporting statement FINAL.pdf	Supporting Statement A	Uploaded 2020-02-18	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
32204	Form FMC-83 - Service Contract Registration	Form and Instruction	Modified
223063	Service Contracts/Formats - All Filings		Modified
185810	Disclosure/Third Party		Unchanged
185809	Recordkeeping/Audit Requirements		Modified
185807	Notification/Filing Requirements		Modified
185806	Essential Terms Publication		Modified

ICR Details

OMB Control No: 3072-0065	ICR Reference No: 202002-3072-001
Status: Historical Inactive	Previous ICR Reference No: 201703-3072-004
Agency/Subagency: FMC	Agency Tracking No: Docket No. 20-20
Title: 46 CFR 530 - Service Contracts and Related Form FMC-83
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 06/17/2020
	Date Received in OIRA: 02/18/2020
Terms of Clearance: Prior terms of clearance continue to apply. OMB files this comment in accordance with 5 CFR 1320.11( c ). This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. This action has no effect on any current approvals. If OMB has assigned this ICR a new OMB Control Number, the OMB Control Number will not appear in the active inventory. For future submissions of this information collection, reference the OMB Control Number provided. OMB files this comment in accordance with 5 CFR 1320.11( c ). OIRA is withholding approval at this time. Prior to publication of the final rule, the agency must submit to OIRA a summary of all comments related to the information collection contained in the proposed rule and the agency response. The agency should clearly indicate any changes made to the information collection as a result of these comments.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2020	36 Months From Approved	12/31/2020
Responses	1,927,058	0	1,927,058
Time Burden (Hours)	85,439	0	85,439
Cost Burden (Dollars)	0	0	0

---

Abstract: Section 8(c) of the Shipping Act of 1984 (1984 Act) (46 U.S.C. 40502), as amended by the Ocean Shipping Reform Act of 1998 (OSRA), requires ocean common carriers and agreements among such carriers to file their service contracts confidentially with the Commission and to publish certain essential terms of those service contracts. Service contracts are written contracts between one or more shippers or a shippers’ association and an individual ocean common carrier or an agreement between or among ocean common carriers in which the shipper makes a commitment to provide a certain minimum quantity or portion of its cargo or freight revenue over a fixed period, and the ocean common carrier or the agreement commits to a certain rate or rate schedule as well as defined service level, such as assured space, transit time, port rotation, etc. Authority to file or delegate the authority to file must be requested by a responsible official of the service contract carrier in writing by submitting the Form FMC-83, Service Contract Registration. The proposed rule would eliminate the requirement to publish certain essential terms of filed service contracts.

---

Authorizing Statute(s): US Code: 46 USC 40502 Name of Law: Shipping Act of 1984
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3072-AC80	Proposed rulemaking	85 FR 8527	02/14/2020

---

Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 6

table that charts list of burden

IC Title	Form No.	Form Name
Notification/Filing Requirements
Service Contracts/Formats - All Filings
Recordkeeping/Audit Requirements
Essential Terms Publication
Disclosure/Third Party
Form FMC-83 - Service Contract Registration	83	Service Contract Registration

---

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: Given the increased use of web services’ automated filing capabilities (accounting for 74% of all service contract filings), the respondent burden estimate for this information collection has decreased for Service Contracts/Formats from 32,115 hours (2013 estimate) to 3,542 hours, a reduction of 28,573 hours. Without the regulatory relief granted in the proposed rule, the Essential Terms Publication burden would also be 41,038 hours. With the relief provided in this rule, the Essential Terms Publication burden estimate would decrease from 32,115 hours (2013 estimate) to 87 hours.

---

Annual Cost to Federal Government: $543,682

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

---

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: 02/18/2020

---