The agency responded to the public comment it received during the 30-day comment solicitation.
table that charts list comparision
Inventory as of this Action
Requested
Previously Approved
02/28/2029
36 Months From Approved
02/28/2026
4,255
0
2,543
3,925
0
2,402
533,738
0
0
Section 16 of the Shipping Act of 1984, 46 U.S.C. § 40103, authorizes the Federal Maritime Commission (âCommissionâ) to exempt by order or regulation âany class of agreements between persons subject to this [Act] or any specified activity of those persons from any requirement of this [Act] if the Commission 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 an exemption.â
The Commission added 46 CFR 532 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 Commissionâs regulations to permit them to enter into negotiated rate arrangements (NRAs) with shippers.76 FR 11351 (March 2, 2011). The Commission subsequently extended the tariff rate publication exemption contained in 46 CFR part 532 to foreign based unlicensed NVOCCs as well. 78 FR 42886 (July 10, 2013). The exemption is conditioned upon the NVOCC including a prominent notice invoking the exemption in its electronically published rules tariff and indicating their intention to the Commission. In addition, NVOCCs must maintain original NRAs and associated records for 5 years in a format easily produced to the Commission and furnish those records promptly upon request from the Commission.
An NVOCC invoking the exemption must: Include its rates in a tariff open to public inspection (46 CFR 532.3(a)(1); Comply with 46 USC 40501(d) and (e) (46 CFR 532.3(b) and (c)); Comply with 46 USC 40503 (46 CFR 532.3(d); Adhere to the prohibitions in 46 USC 41104(a)(2)(A) (46 CFR 532.3(e); Include its rates in a tariff open for public inspection in an automated tariff system (46 CFR 532.3(f); Comply with 46 CFR 520.4(a)(4), 520.4(f), 520.6(e), 520.7(c) and (d), 520.8(a), 520.12, and 520.14 (46 CFR 523..3(g); Ensure their NRA meets the requirements of 46 CFR 532.5; Indicate their intention to the Commission and the public to invoke the exemption by a prominent notice in its rules tariff (46 CFR 532.6); Maintain original NRAs in a readily accessible and retrievable manner for 5 years from the completion date of performance of the NRA (46 CFR 532.7; and Promptly respond to requests by the Commission for those records (46 CFR 532.7).
The estimated potential reporting respondent universe (licensed NVOCCs and foreign-based registered NVOCCs) is approximately 8,700; an average of 500 annually over the last three years have added a prominent notice to its electronically published rules tariff indicating the intention to invoke the NRA exemption. Of the total respondent universe, 3,800 have thus far invoked the exemption to use NRAs. The cost burden was added to each information collection.
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.
46CFR Part 532 NRAs Public Comment Response.docx
PC_202506-3072-005_073125_031635_1.pdf
Modification of Tariff Invoking Exemption - NRAs exclusively