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

Forms and Documents

Document Name	Status
Form 83 Form FMC-83 - Service Contract Registration Form and Instruction	Modified
OMB supporting statement part 530 NPRM final.docx Supporting Statement A	2021-01-19

IC Document Collections

IC ID	Document Title	Status
32204	Form FMC-83 - Service Contract Registration Form and Instruction	Modified
223063	Service Contracts/Formats - All Filings	Modified
185810	Disclosure/Third Party	Modified
185809	Recordkeeping/Audit Requirements	Modified
185807	Notification/Filing Requirements	Modified
185806	Service Contract Rules & Notices	Modified

ICR Details

OMB Control No: 3072-0065	ICR Reference No: 202101-3072-001
Status: Received in OIRA	Previous ICR Reference No: 202006-3072-002
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	Date Submitted to OIRA: 01/19/2021

	Requested	Previously Approved
Expiration Date	36 Months From Approved	12/31/2023
Responses	1,025,008	1,034,366
Time Burden (Hours)	30,448	30,726
Cost Burden (Dollars)	0	0

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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.

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Authorizing Statute(s): US Code: 46 USC 40502 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:
3072-AC84	Proposed rulemaking	86 FR 5106	01/19/2021

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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

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

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ICR Summary of Burden

	Total Request	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	1,025,008	1,034,366	0	-9,358	0	0
Annual Time Burden (Hours)	30,448	30,726	0	-278	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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 slight decrease in respondent’s burden is attributable to the reduction in the respondent universe by one ocean carrier that is no longer operating in the U.S. trades. The regulatory relief granted under this proposed rule would allow ocean carriers greater flexibility in expeditiously contracting with shippers for ocean transportation services. The additional time afforded to the carrier for filing original service contacts has no impact on the respondent’s burden.

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Annual Cost to Federal Government: $232,591

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

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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: 01/19/2021

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