46 CFR 535-Ocean Common Carrier and Marine Terminal Operator Agreements Subject to the Shipping Act of 1984.

Forms and Documents

Document Name	Status
Form FMC-150 Agreements and Modifications: Information Form for Agreements Form	Modified
Form FMC-151 Monitoring Reports - Other Reporting Requirements Form	Modified
Form FMC-151 Monitoring Reports - Alliance Agreements Form	Modified
Form FMC-151 Monitoring Reports - VOCC Rate Discussion Agreements Form	Modified
Part 535 Agreements IC Supporting Statement.pdf Supporting Statement A	2023-11-27

IC Document Collections

IC ID	Document Title	Status
32188	Agreements and Modifications: Information Form for Agreements Form	Modified
239274	Agreements and Modifications: Terminations of Agreements	Modified
178875	Recordkeeping	Modified
178873	Minutes Filing	Modified
178855	Monitoring Reports - Other Reporting Requirements Form	Modified
178854	Monitoring Reports - Alliance Agreements Form	Modified
178853	Monitoring Reports - VOCC Rate Discussion Agreements Form	Modified
178852	Agreements and Modifications: Without Information Form	Modified

ICR Details

OMB Control No: 3072-0045	ICR Reference No: 202311-3072-003
Status: Received in OIRA	Previous ICR Reference No: 202001-3072-003
Agency/Subagency: FMC	Agency Tracking No:
Title: 46 CFR 535-Ocean Common Carrier and Marine Terminal Operator Agreements Subject to the Shipping Act of 1984.
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 11/27/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved	02/29/2024
Responses	2,637	3,336
Time Burden (Hours)	14,279	15,655
Cost Burden (Dollars)	0	0

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Abstract: The Shipping Act of 1984 (Shipping Act or Act), 46 U.S.C. 40101 et seq., requires that Vessel Operating Common Carriers (VOCCs) and Marine Terminal Operators (MTO) file agreements with the Federal Maritime Commission (FMC or Commission). Section 40301 identifies which agreements between VOCCs and MTOs fall within the jurisdiction of the Act. Section 40302 requires that carriers and MTOs file those agreements with the Commission. Section 40304 directs, and provides the authority for, Commission action on filed agreements, including submission of 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.

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Authorizing Statute(s): US Code: 46 USC 40301 et seq. 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:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 57459	08/23/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 82892	11/27/2023
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 8

IC Title	Form No.	Form Name
Agreements and Modifications: Information Form for Agreements	FMC-150, FMC-150	Information Form for Agreements ,   Information Form for Agreements - data template
Agreements and Modifications: Terminations of Agreements
Agreements and Modifications: Without Information Form
Minutes Filing
Monitoring Reports - Alliance Agreements	FMC-151	Monitoring Reports for Agreements Between or Among Ocean Common Carriers
Monitoring Reports - Other Reporting Requirements	FMC-151	Monitoring Report
Monitoring Reports - VOCC Rate Discussion Agreements	FMC-151	Monitoring Report for Agreements Between or Among Ocean Common Carriers
Recordkeeping

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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	2,637	3,336	0	-699	0	0
Annual Time Burden (Hours)	14,279	15,655	0	-1,376	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: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: Burden associated with agreement filings decreased in part due to a decrease in the number of agreements filed since the last renewal. Burden associated with agreements requiring an information form increased due to additional requirements on this form (FMC-150). Net decrease in total burden associated with agreements filing. Burden associated with monitoring reports and meeting minutes decreased in part due to a decrease in the number of meeting minutes filed annually. Burden increased in part due to new requirements on monitoring reports for alliance agreements. In total, a net decrease in total burden associated with agreements monitoring.

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Annual Cost to Federal Government: $1,523,046

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: 11/27/2023

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