SUPPLEMENTARY INFORMATION:

The Commission invites the general public and other Federal agencies to comment on any aspect of the continuing information collection 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

Title:46 CFR part 535—Ocean Common Carrier and Marine Terminal Operator Agreements and Related Forms (FMC-150 and FMC-151).

OMB Control Number: 3072-0045 (Expires January 31, 2027).

Form Numbers: FMC-150, FMC-151. ( printed page 65555)

Abstract: The Commission administers subtitle IV of title 46 of the United States Code (the Shipping Act or the Act). 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 40104 authorizes the Commission to require that carriers and MTOs, among other persons, file periodic or special reports. Requests for 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.

Type of Review: Extension with change.

Current Actions: The estimated number of responses and burden hours for the collection have increased due to a number of factors. The biggest change is attributed to the transition from use of the Monitoring Report Form (FMC-151) to individualized reporting requirements under the Periodic Reporting Requirements provision of 46 CFR 535.701(d). Global vessel sharing agreements, which are now monitored under Alternative Period Reporting under 46 CFR 535.703(d), are required to submit monitoring data monthly. The Commission has increased its monitoring activities for MTO agreements. The FMC has reduced the estimated time to complete the Information Form (FMC-150) from 75 hours to 3 hours. The FMC has also now added to the burden estimate the time it takes to file Voluntary Guidelines for service contracts with the Commission. It is unclear why this activity was previously excluded from the burden calculation. Agreement filings, required reports, other agreement-related collections and Forms FMC-150 and FMC-151 have been included with the agency's modernization initiative and will be included within the ServiceNow platform.

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 result, 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 “substantially lessen[s] 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: It is estimated that the number of annual respondents will be 4,365.

Estimated Time per Response:

Responses associated with Agreement filings under Part 535:

• The average time per response to file an Agreement that includes Form FMC-150 is 75 hours.
• The average time per response to file an Agreement that does not include Form FMC-150 is 1 hour.
• The time to file an Agreement termination averages 0.25 hours.

Responses associated with Monitoring Requirements under Part 535:

• The average time per response to file meeting minutes is 2 hours.
• The average time per response to file meeting minutes for Alternative Periodic Reporting is 2 hours.
• The average time per response to file MTO meeting minutes is 2 hours.
• The average time per response to file an Alliance Agreement that includes Form FMC-151 is 160 hours.
• The average time per response to file a VOCC Rate Discussion Agreement that includes Form FMC-151 is 50 hours.
• The average time per response to file an Agreement other than a Global Vessel Sharing or VOCC Rate Discussion Agreement is 10 hours.
• The average time per response to file a Global Vessel Sharing Agreement is 160 hours.
• The average time per response to file an Alternative Periodic Reporting, VOCC Rate Discussion Agreement is 50 hours.
• The average time per response to file an Alternative Periodic Reporting other than a Global Vessel Sharing or VOCC Rate Discussion Agreement is 10 hours.
• The average time per response for filing a Marine Terminal Operators Monitoring Report is 160 hours.

Responses associated with Service Contracts, Voluntary Guidelines under Part 535:

• The average time per response for filing Service Contracts, Voluntary Guidelines is 0.25 hours.

Responses associated with Recordkeeping under Part 535:

• Recordkeeping for minutes filing and alternative periodic reporting is estimated at 0.25 hours.

Total Annual Burden: The Commission estimates the total person-hour burden at 22,347.25 hours, as detailed below.

Responses associated with Agreement filings under Part 535:

• Filing an Agreement that includes Form FMC-150: 10 × 75 hours = 750 person-hours.
• Filing an Agreement that does not require FMC-150: 50 × 1 hour = 50 person-hours.
• Termination of Agreements: 23 × 0.25 hours = 5.75 person-hours.

Responses associated with Monitoring Requirements under Part 535:

• Reporting on FMC-151 (filed by Alliance parties): 0 × 160 hours = 0 person-hours.
• Reporting for VOCC Rate Discussion Agreements: 0 × 50 hours = 0 person-hours.
• Reporting for other than Alliance or VOCC Rate Discussion Agreements: 0 × 10 hours = 0 person-hours.
• Reporting for Alternative Periodic Reporting—Global Vessel Sharing agreements: 60 × 160 hours = 9,600 person-hours.
• Reporting for Alternative Periodic Reporting—VOCC Rate Discussion Agreements: 32 × 50 hours = 1,600 person-hours.
• Reporting for Alternative Periodic Reporting—other than Global Vessel Sharing or VOCC Rate Discussion Agreement: 300 × 10 hours = 3,000 person-hours.
• Reporting for Alternative Periodic Reporting—Marine Terminal Operators Monitoring Report: 12 × 160 hours = 1,920 person-hours.
• Filing meeting minutes: 0 × 2 hours = 0 person-hours.
• Filing meeting minutes—Alternative Periodic Reporting: 2,340 × 2 hours = 4,680 person-hours.
• Filing meeting minutes—MTOs: 204 × 2 hours = 408 person-hours.

Responses associated with Service Contracts, Voluntary Guidelines under Part 535:

• Reporting Service Contracts: 34 × 0.25 hours = 8.5 person-hours.

Responses associated with Recordkeeping under Part 535: ( printed page 65556)

• Recordkeeping for optionally filed agreements = 1,300 × 0.25 hours = 325 person-hours.