[Federal Register Volume 90, Number 124 (Tuesday, July 1, 2025)]
[Notices]
[Pages 28743-28745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-12287]
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FEDERAL MARITIME COMMISSION
[FMC-2024-0018; FMC-2024-0019; FMC-2024-0020; FMC-2024-0021]
Renewal of Agency Information Collection Activities: Submission
for OMB Review; Comment Requested; 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 the continuing information
collections listed below in this notice to the Office of Management and
Budget (OMB) for approval of revisions of
[[Page 28744]]
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 July 31, 2025.
ADDRESSES: Comments should be submitted to: (1) the Commission through
the Federal eRulemaking Portal at www.regulations.gov (dockets FMC-
2024-0018; FMC-2024-0019; FMC-2024-0020; FMC-2024-0021) and (2) also
sent to the Office of Management and Budget's Office of Information and
Regulatory Affairs through the portal at https://www.reginfo.gov/public/do/PRAMain. Find this particular information collection at
Reginfo.gov by selecting ``Currently under Review--Open for Public
Comments'' or by using the search function. If your material cannot be
submitted to the addresses above, contact the person in the FOR FURTHER
INFORMATION CONTACT section of this document for alternate
instructions.
FOR FURTHER INFORMATION CONTACT: For additional information, please
contact Amy Strauss, (202) 523-5793, [email protected].
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 collections 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 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.
Previous Request for Comments
On November 20, 2024, the Commission published a notice and request
for comment in the Federal Register (89 FR 91749) regarding the
agency's request for approval from OMB for information collections as
required by the Paperwork Reduction Act of 1995. During the 60-day
period, the Commission received no comments.
Information Collection 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.
Type of Review: Revision of a currently approved collection.
Needs and Uses: The Commission uses the information filed by these
parties to monitor 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. Additionally, the Commission uses the information filed by these
parties to monitor the activities of these entities and to meet its
responsibilities with regard to identifying and preventing unreasonable
discrimination, preference or advantage (or disadvantage) or
unreasonable refusal to deal pursuant to 46 U.S.C. 41106.
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.
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 of service
contracts are set forth at 46 CFR part 530.
Type of Review: Revision of a currently approved collection.
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 84 ocean common carriers. During 2024, ocean
common carriers filed 370,918 original service contracts, and 835,092
service contract amendments.
Estimated Time per Response: The Commission estimates that the time
per response ranges from 0.0166 to 0.1 person-hours for reporting and
recordkeeping requirements contained in the regulations, averaging 119
hours per response for audit requirements, and
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0.1 person-hours for completing Form FMC-83.
Total Annual Burden: The Commission estimates the total annual
person-hour burden at 34,285.48 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.
Type of Review: Revision of a currently approved collection.
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 will need to 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 15
minutes for recordkeeping requirements.
Total Annual Burden: Total annual burden is estimated to be 456
person-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.
Type of Review: Revision of a currently approved collection.
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
person-hours.
David Eng,
Secretary.
[FR Doc. 2025-12287 Filed 6-30-25; 8:45 am]
BILLING CODE 6730-02-P