Notice2024-27129
Renewal of Agency Information Collections of Previously Approved Collections; 60-Day Public Comment Request; Marine Terminal Operators; Service Contracts, Non-Vessel Operating Common Carriers
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
November 20, 2024
Issuing agencies
Federal Maritime Commission
Abstract
The Federal Maritime Commission (Commission) is giving public notice that the agency has submitted to the Office of Management and Budget (OMB) for approval extensions, without change, of existing information collections related to marine terminal operator schedules, service contracts, non-vessel-operating common carrier (NVOCC) service arrangements and negotiated rate agreements. The public is invited to comment on these information collections pursuant to the Paperwork Reduction Act of 1995.
Full Text
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<title>Federal Register, Volume 89 Issue 224 (Wednesday, November 20, 2024)</title>
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[Federal Register Volume 89, Number 224 (Wednesday, November 20, 2024)]
[Notices]
[Pages 91749-91750]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-27129]
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FEDERAL MARITIME COMMISSION
[FMC-2024-0018; FMC-2024-0019; FMC-2024-0020; FMC-2024-0021]
Renewal of Agency Information Collections of Previously Approved
Collections; 60-Day Public Comment Request; Marine Terminal Operators;
Service Contracts, Non-Vessel Operating Common Carriers
AGENCY: Federal Maritime Commission.
ACTION: Notice and request for comment.
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SUMMARY: The Federal Maritime Commission (Commission) is giving public
notice that the agency has submitted to the Office of Management and
Budget (OMB) for approval extensions, without change, of existing
information collections related to marine terminal operator schedules,
service contracts, non-vessel-operating common carrier (NVOCC) service
arrangements and negotiated rate agreements. The public is invited to
comment on these information collections pursuant to the Paperwork
Reduction Act of 1995.
DATES: Written comments must be submitted on or before January 21,
2025.
ADDRESSES: The Commission is accepting comments using the Federal
eRulemaking Portal at <a href="http://www.regulations.gov">www.regulations.gov</a>. The dockets for this notice,
which include a copy of any applicable forms, and submitting comments
can be found at <a href="https://www.regulations.gov/">https://www.regulations.gov/</a> under the following Docket
Nos:
46 CFR part 525: FMC-2024-0018.
46 CFR part 530: FMC-2024-0019.
46 CFR part 531: FMC-2024-0020.
46 CFR part 532: FMC-2024-0021.
Follow the instructions provided for submitting comments.
FOR FURTHER INFORMATION CONTACT: Amy Strauss, (202) 523-5793,
<a href="/cdn-cgi/l/email-protection#82f6f0e3e6e7e3ece3eefbf1ebf1c2e4efe1ace5edf4"><span class="__cf_email__" data-cfemail="3c484e5d58595d525d50454f554f7c5a515f125b534a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The Commission invites the general public
and other Federal agencies to comment on any aspect of the continuing
information collections listed in this notice, as required by the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). We are
particularly interested in receiving 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.
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.
Information Collections Open for Comment
I. Title: 46 CFR Part 525--Marine Terminal Operator Schedules and
Related Form FMC-1
OMB Approval Number: 3072-0061 (Expires July 31, 2025).
Abstract: Section 40501(f) of title 46 of the United States Code
provides marine terminal operators (MTOs) with the option of making
their schedules of rates, regulations, and practices available to the
public subject to 46 U.S.C. 41102(c). MTOs must maintain a complete set
of all of their terminal schedules and shall promptly make them
available to the Commission upon request. Each MTO is required to file
Form FMC-1 with the Bureau of Trade Analysis providing its organization
name, organization number, home office address, name and telephone
number of the firm's representative, the location of its terminal
schedule(s), and the publisher, if any, used to maintain its terminal
schedule. The Commission publishes a list on its website of the
location of any terminal schedule made available to the public.
Current Actions: There are no changes to this information
collection, and it is being submitted for extension purposes only.
Type of Review: Extension.
Needs and Uses: The Commission uses the information filed by these
parties to maintain continuous surveillance over the activities of
these entities and to meet its responsibilities with regard to
identifying and preventing unreasonable preference or prejudice and
unjust discrimination pursuant to 46 U.S.C. 41102.
Frequency: Submission of new FMC-1 forms or updates to existing
forms are not assigned a specific time frame by the Commission; they
are submitted as circumstances warrant. However, it is unlikely that
any single entity would need to provide information more than once in a
calendar year.
Type of Respondents: Marine Terminal Operators.
Number of Annual Respondents: There are currently 202 MTOs
registered with the Commission. One hundred and forty-six (146) of
those entities make their schedules available to the public. Based on
previous years, the Commission estimates that approximately 20 MTOs
will file a new FMC-1 or update an existing FMC-1. MTOs are not
required to inform the Commission when they update a marine terminal
schedule outside of publishing its location; however, the Commission
estimates that 10 MTOs would update their schedules in a given year.
Estimated Time per Response: The time per response for completing
Form FMC-1 averages 0.5 person-hours, and approximately 5 person-hours
for updating an existing MTO schedule.
Total Annual Burden: The Commission estimates the total person-hour
burden at 60 person-hours per year.
II. Title: 46 CFR Part 530--Service Contracts and Related Form FMC-83
OMB Approval Number: 3072-0065 (Expires July 31, 2025).
Abstract: Section 40502 of title 46 of the United States Code
requires ocean common carriers and agreements between or among such
carriers to file their service contracts confidentially with the
Commission. The Commission's rules governing the filing
[[Page 91750]]
of service contracts are set forth at 46 CFR part 530.
Current Actions: There are no changes to this information
collection, and it is being submitted for extension purposes only.
Type of Review: Extension.
Needs and Uses: The Commission monitors service contract filings to
ensure compliance with 46 U.S.C. subtitle IV.
Frequency: Frequency of filings is determined by the ocean common
carrier and its customers. When parties enter into a service contract
or amend the contract, the service contract or amendment must be filed
with the Commission.
Type of Respondents: Ocean common carriers or their duly appointed
agents are required to file service contracts and amendments with the
Commission.
Number of Annual Respondents: The Commission estimates an annual
respondent universe of 89 ocean common carriers. During 2023, carriers
filed 361,971 original service contracts, and 851,191 service contract
amendments.
Estimated Time per Response: The Commission estimates that the time
per response ranges from 0.0166 to 1 person-hours for reporting and
recordkeeping requirements contained in the regulations and is 0.1
person-hours for completing Form FMC-83.
Total Annual Burden: The Commission estimates the total annual
person-hour burden at 45,171 person-hours.
III. Title: 46 CFR Part 531--NVOCC Service Arrangements
OMB Approval Number: 3072-0070 (Expires July 31, 2025).
Abstract: 46 CFR part 531 allows NVOCCs and shippers' associations
with NVOCC members to act as shipper parties in NVOCC Service
Arrangements (NSAs), and to be exempt from certain tariff publication
requirements of 46 U.S.C. subtitle IV provided the NVOCC posts a
prominent notice in its rules tariff invoking the NSA exemption and
provides electronic access to its rules tariff to the public free of
charge. This information collection corresponds to the requirements to
include the NSA exemption in the tariff, recordkeeping requirements,
and the requirement to make the tariff publicly available free of
charge.
Current Actions: There are no changes to this information
collection, and it is being submitted for extension purposes only.
Type of Review: Extension.
Needs and Uses: The Commission uses NSAs and associated data for
monitoring and investigatory purposes and, in its proceedings, to
adjudicate related issues raised by private parties.
Frequency: NVOCCs that opt to enter into an NSA in lieu of
publishing tariff rate(s) must post a notice in its rules tariff
invoking the NSA exemption.
Type of Respondents: Parties that enter into NSAs are NVOCCs and
shippers' associations with NVOCC members.
Number of Annual Respondents: Of the total respondent universe of
approximately 8,700 active NVOCCs, the Commission estimates that 325
NVOCCs per year add a prominent notice to their electronically
published rules tariff indicating the intention to invoke the NSA
exemption. The Commission estimates that approximately 1,500 NVOCCs in
total have invoked this exemption and would therefore be subject to the
recordkeeping requirements.
Estimated Time per Response: The time per response is estimated to
be 15 minutes to add a tariff rule invoking the NSA exemption, and one
hour for recordkeeping requirements.
Total Annual Burden: Total annual burden is estimated to be 1,581
hours.
IV. Title: 46 CFR Part 532--NVOCC Negotiated Rate Arrangements
OMB Approval Number: 3072-0071 (Expires July 31, 2025).
Abstract: Section 40103 of title 46 of the United States Code
authorizes the Commission to exempt by order or regulation ``any class
of agreements between persons subject to [46 U.S.C. subtitle IV, Part
A] or any specified activity of those persons from any requirement of
[46 U.S.C. subtitle IV, Part A] 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. In 46 CFR part 532,
the Commission exempted NVOCCs from the tariff rate publication
requirements of Part 520 and allowed an NVOCC to enter into an NVOCC
Negotiated Rate Arrangement (NRA) in lieu of publishing its tariff
rate(s), provided the NVOCC posts a prominent notice in its rules
tariff invoking the NRA exemption and provides electronic access to its
rules tariff to the public free of charge. This information collection
corresponds to the rules tariff prominent notice and the requirement to
make its rules tariff publicly available free of charge.
Current Actions: There are no changes to this information
collection, and it is being submitted for extension purposes only.
Type of Review: Extension.
Needs and Uses: The Commission uses the information filed by an
NVOCC in its rules tariff to determine whether the NVOCC has invoked
the exemption for a particular shipment or shipments. The Commission
has used and will continue to use the information required to be
maintained by NVOCCs for monitoring and investigatory purposes, and, in
its proceedings, to adjudicate related issues raised by private
parties.
Type of Respondents: Parties that enter into NRAs are NVOCCs and
shippers' associations with NVOCC members.
Number of Annual Respondents: Of the total respondent universe of
approximately 8,700 active NVOCCs, 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. The Commission estimates that a total of 3,800 NVOCCs now
utilize the NRA exemption and would then need approximately one hour
per year for recordkeeping requirements.
Estimated Time per Response: The time per response is estimated to
be 15 minutes to add a tariff rule invoking the NRA exemption, and one
hour for recordkeeping requirements.
Total Annual Burden: Total annual burden is estimated to be 3,925
hours.
David Eng,
Secretary.
[FR Doc. 2024-27129 Filed 11-19-24; 8:45 am]
BILLING CODE 6730-02-P
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