Extension without change of a currently approved collection
No
Regular
03/31/2022
Requested
Previously Approved
36 Months From Approved
04/30/2022
650
3,328
406
127
0
0
Section 16 of the Shipping Act of
1984, 46 U.S.C. 40103, authorizes the Federal Maritime Commission
to exempt by rule “any class of agreements between persons subject
to this Act or any specified activity of those persons from any
requirement of this Act if it 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 any exemption.” The Commission added 46 CFR
531 to exempt non-vessel-operating common carriers (NVOCCs) from
the more stringent tariff rate publication requirements of the
Shipping Act of 1984 and related provisions of the Commission’s
regulations to permit them to enter into contracts with shippers
similar to ocean common carrier service contracts. 69 FR 75850
(Dec. 20, 2004). The exemption was conditioned upon the filing of
NVOCC service arrangements (NSAs) with the Commission by the NVOCC
offering the service; publication of the essential terms of NSAs;
and confidential treatment of NSAs. In addition, NVOCCs were
required to maintain NSAs and associated records for five years. In
2018, the Commission provided further relief of regulatory burdens
on NVOCC by removing the NSA filing requirements effective August
22, 2018. (83 FR 34780) The filing exemption is conditioned upon
the licensed NVOCC including a prominent notice invoking the
exemption in its electronically published rules tariff and
indicating their intention to the Commission. NVOCCs must continue
to maintain original NSAs and associated records for 5 years in a
format easily produced to the Commission, and provide those records
promptly upon request from the Commission.
Modification of Tariff Invoking
Exemption to use NSAs: An NVOCC publishes a prominent notice in its
tariff to invoke the exemption. The Commission uses the information
filed by NVOCCs in its rules tariff to determine whether an NVOCC
has invoked the exemption to use NSAs. Recordkeeping/Audit
Requirements: NVOCCs create original NSAs and amendments, which are
kept primarily in MS Word Doc, MS Excel or Pdf formatted files and
stored electronically in databases which are easily retrievable and
produced. Today, many NSAs are filed electronically, however in the
case of a traditionally signed NSA, hard copy files are kept.
Allowing for 1 hour for recordkeeping/auditing purposes for each
NVOCC that has invoked the exemption totals 325 hours.
$11,570
No
No
No
No
No
No
No
Kristen Monaco 202
523-5789
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:
(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.
30 Day Extension+ Correction - 2022-02656.pdf
Modification of Tariff Invoking Exemption to use NSAs