46 CFR Part 520 - Carrier Automated Tariff Systems and Related Form FMC-1

Forms and Documents

Document Name	Status
Form Form FMC-1 File Form FMC-1 Form and Instruction	Modified
Part 520 supporting statement 5-12-22 FINAL.pdf Supporting Statement A	2022-05-12

IC Document Collections

IC ID	Document Title	Status
32201	File Form FMC-1 Form and Instruction	Modified
185641	Maintain Shipper Notices & Shipment Records for Time/Volume	Unchanged
185640	Provide Reasonable Access to FMC of Tariff Publications	Modified
185639	Maintain Data in Tariff Publication Systems	Modified
185638	Publish Tariffs and Keep Open for Public Inspection	Modified
185637	File documents with FMC & Certifications	Modified
185636	Inform FMC in Writing of Certain Occurrences	Modified

ICR Details

OMB Control No: 3072-0064	ICR Reference No: 202112-3072-004
Status: Received in OIRA	Previous ICR Reference No: 202103-3072-002
Agency/Subagency: FMC	Agency Tracking No: 21-03
Title: 46 CFR Part 520 - Carrier Automated Tariff Systems and Related Form FMC-1
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 05/12/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved	04/30/2024
Responses	106,252	99,181
Time Burden (Hours)	2,509	2,295
Cost Burden (Dollars)	0	0

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Abstract: 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 in January 2005 to exempt non-vessel-operating common carriers (NVOCCs) from the otherwise applicable statutory and regulatory requirements of the Shipping Act and the Commission’s tariff regulations for service arrangements they reach with their shippers. The exemption is conditioned upon the filing of these service arrangements by the NVOCC offering the service. These regulations also ensure compliance with the licensing and financial responsibility requirements of the Shipping Act, 46 U.S.C. 40901-40904.

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Authorizing Statute(s): US Code: 46 USC 40501(a)-(c) 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-AC86	Proposed rulemaking	87 FR 27971	05/10/2022

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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: 7

IC Title	Form No.	Form Name
File Form FMC-1	Form FMC-1	Tariff Locator
File documents with FMC & Certifications
Inform FMC in Writing of Certain Occurrences
Maintain Data in Tariff Publication Systems
Maintain Shipper Notices & Shipment Records for Time/Volume
Provide Reasonable Access to FMC of Tariff Publications
Publish Tariffs and Keep Open for Public Inspection

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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	106,252	99,181	0	7,071	0	0
Annual Time Burden (Hours)	2,509	2,295	0	214	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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: No

Burden Reduction Due to:

Short Statement: Any changes to burdens are due to changes in agency estimates of number of annual respondents.

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Annual Cost to Federal Government: $83,800

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: 05/12/2022

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