Notice2023-18167
Agency Information Collection Activities: 60-Day Public Comment Request
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 23, 2023
Issuing agencies
Federal Maritime Commission
Abstract
The Federal Maritime Commission (Commission) invites comments on the information collection related to ocean common carrier and marine terminal operator agreements subject to the Shipping Act of 1984 as part of our continuing effort to reduce paperwork and respondent burden required by the Paperwork Reduction Act of 1995. This notice announces a renewal of an existing collection and includes an update to FMC-150.
Full Text
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<title>Federal Register, Volume 88 Issue 162 (Wednesday, August 23, 2023)</title>
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[Federal Register Volume 88, Number 162 (Wednesday, August 23, 2023)]
[Notices]
[Pages 57459-57460]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-18167]
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FEDERAL MARITIME COMMISSION
[Docket No. FMC-2023-0017]
Agency Information Collection Activities: 60-Day Public Comment
Request
AGENCY: Federal Maritime Commission.
ACTION: Sixty-day notice; request for comments.
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SUMMARY: The Federal Maritime Commission (Commission) invites comments
on the information collection related to ocean common carrier and
marine terminal operator agreements subject to the Shipping Act of 1984
as part of our continuing effort to reduce paperwork and respondent
burden required by the Paperwork Reduction Act of 1995. This notice
announces a renewal of an existing collection and includes an update to
FMC-150.
DATES: Written comments must be submitted on or before October 23,
2023.
ADDRESSES: The Commission will collect comments on this notice through
the Federal eRulemaking Portal at <a href="http://www.regulations.gov">www.regulations.gov</a>. A copy of the
notice and supporting materials can be found at <a href="https://www.regulations.gov/">https://www.regulations.gov/</a> under Docket No. FMC-2023-0017. The FMC will
summarize any comments received in response to this notice in a
subsequent notice and include them in its information collection
submission to OMB for approval.
FOR FURTHER INFORMATION CONTACT: William Cody, Secretary; Phone: (202)
523-5725; Email: mailto:<a href="/cdn-cgi/l/email-protection#4330262031263722313a03252e206d242c35"><span class="__cf_email__" data-cfemail="ea998f89988f9e8b9893aa8c8789c48d859c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Request for Comments
As part of its continuing effort to reduce paperwork and respondent
burden, the Commission invites the general public and other Federal
agencies to comment on the continuing information collection listed in
this notice, as required by the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
Comments submitted in response to this notice will be included or
summarized in our request for Office of Management and Budget (OMB)
approval of the relevant information collection. All comments are part
of the public record and subject to disclosure. Please do not include
any confidential or inappropriate material in your comments. We invite
comments on: (1) the necessity and utility of the proposed information
collection for the proper performance of the agency's functions; (2)
the accuracy of the estimated burden; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) the
use of automated collection techniques or other forms of information
technology to minimize the information collection burden.
Information Collection Open for Comment
Title: 46 CFR 535--Ocean Common Carrier and Marine Terminal
Operator Agreements Subject to the Shipping Act of 1984.
OMB Approval Number: 3072-0045 (Expires August 31, 2023).
Abstract: Section 4 of the Shipping Act of 1984, 46 U.S.C. 40301
(a)-(c), identifies certain agreements by or among ocean common
carriers (carriers) and marine terminal operators (MTOs) that fall
within the jurisdiction of that Act. Section 5 of the Act, 46 U.S.C.
40302, requires that carriers and MTOs file those agreements with the
Federal Maritime Commission. Section 6 of the Act, 46 U.S.C. 40304,
40306, and 41307 (b)-(d), specifies the Commission actions that may be
taken with respect to filed agreements, including requiring the
submission of additional information. Section 15 of the Act, 46 U.S.C.
40104, authorizes the Commission to require that carriers and MTOs,
among other persons, file periodic or special reports. Requests for
additional information and the filing of periodic or special reports
are meant to assist the Commission in fulfilling its statutory mandate
of overseeing the activities of the ocean transportation industry.
These reports are necessary so that the Commission can monitor
agreement parties' activities to determine how or if their activities
will have an impact on competition.
This update includes a revised FMC-150 form, which is collected
upon agreement filing for a subset of agreements under 46 CFR part 535.
The Commission intends that filers will have a choice between using the
existing FMC-150 or the revised FMC-150 pending any other changes in
Part 535 through rulemaking. This update also includes an increase in
the number of responses received. The total estimated burden hours has
decreased.
Current Actions: Revision of Form 150.
Type of Review: Extension.
Needs and Uses: The Commission uses the information filed by
agreement parties to monitor their activities as required by the
Shipping Act. Under 46 U.S.C. 41307, the Commission must determine
whether an agreement will have, or has resulted in, a substantial
reduction in competition within the prevailing market leading to an
unreasonable reduction in transportation service or an unreasonable
increase in transportation costs ``or to substantially lessen
competition in the purchasing of certain covered services.'' In such
cases, the Commission would take action to seek to enjoin the agreement
in the U.S. District Court for the District of Columbia.
Frequency: This information will be collected as required by the
regulations at Part 535.
Type of Respondents: The types of respondents are marine terminal
operators, vessel-operating common carriers, and other parties to FMC-
filed agreements.
Number of Annual Respondents: The 2019 notice stated that the
number of respondents was 334. This number erroneously counted the
number of VOCCs and MTOs as the number of respondents. The adjusted
number accounts for the number of filings of agreements and monitoring
information, as well as those subject to recordkeeping, under the
regulations at Part 535. Some MTOs and VOCCs are not required to submit
any information, some are subject only to the recordkeeping, and a
relatively small subset are parties to multiple agreements and
therefore file multiple types of information under this
[[Page 57460]]
collection with different periodicity. The agency will consider these
separate respondents for the purpose of this collection. The total
number is 2,887.
Estimated Time per Response:
Responses associated with Agreement filings under Part 535:
<bullet> The average time per response to file an Agreement that
includes Form FMC-150 is 75 hours.
<bullet> The average time per response to file an Agreement that
does not require FMC-150 is 6 hours.
<bullet> The time to file an Agreement termination averages 0.25
hours.
Responses associated with Monitoring Requirements under Part 535:
<bullet> The average time for meeting minutes is 2 hours.
<bullet> The average time for filing quarterly monitoring reports
for VOCC rate discussion agreements is 50 hours.
<bullet> The average time for filing FMC-151 (filed by alliance
parties) is 160 hours.
<bullet> Other reporting requirements average 10 hours.
<bullet> Recordkeeping for optionally filed agreements is estimated
at 0.25 hours.
Total Annual Burden:
Associated with Agreement filings under Part 535:
<bullet> Filing an Agreement that includes Form FMC-150: 15
responses x 75 hours = 1,125 person-hours.
<bullet> Filing an Agreement that does not require FMC-150: 60
responses x 6 hours = 360 person-hours.
<bullet> Termination of Agreements: 36 responses x 0.25 hours = 9
person-hours.
Associated with Monitoring Requirements under Part 535:
<bullet> Filing meeting minutes: 850 responses x 2 hours = 1,700
person-hours.
<bullet> Reporting for VOCC rate discussion agreements: 40 x 50 =
2,000 person-hours.
<bullet> Reporting on FMC-151 (filed by Alliance parties): 36 x 160
= 5,760 person-hours.
<bullet> Other reporting requirements = 300 x 10 = 3,000 person-
hours.
<bullet> Recordkeeping for optionally filed agreements = 1,300 x
0.25 = 325 person-hours.
Total burden equals 14,279 hours.
William Cody,
Secretary.
[FR Doc. 2023-18167 Filed 8-22-23; 8:45 am]
BILLING CODE 6730-02-P
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