FOREIGN AVAILABILITY PROCEDURES AND CRITERIA

OMB Control No: 0625-0150	ICR Reference No: 198712-0625-005
Status: Historical Active	Previous ICR Reference No: 198503-0625-002
Agency/Subagency: DOC/ITA	Agency Tracking No:
Title: FOREIGN AVAILABILITY PROCEDURES AND CRITERIA
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 03/02/1988
Retrieve Notice of Action (NOA)	Date Received in OIRA: 12/04/1987
Terms of Clearance: In accordance with 5 CFR 1320, OMB approves this information collection until September 1, 1988. The Paperwork Reduction Act requires OMB to minimize the Federal paperwork burden imposed on the public, to improve the quality of data collected by the Federal government, and to ensure the practical utility of Federal information collections. The foreign availability regulations (15 CFR 391) establish a procedure by which the public submits information in support of investigations to determine the foreign availability of controlled commodities and technologies. The business community expends considerable time and resources gathering and submitting pamphlets, brochures, photographs, and other evidence of foreign availability. Yet as a recent GAO report concluded, the governing regulations are too general to constructively guide businesses in submitting timely, useful information. It appears that the open-minded nature of the regulations invites the submission of unnecessary information and therefore imposes a needless burden on the reporting public. Consistent with 5 CFR 1320.14(f) and (g), therefore BXA is instructed to amend its foreign availability regulations to clarify what information it finds useful in making foreign availability determinations. A letter explaining this decision in greater detail and outlining a schedule for the rulemaking will be sent shortly.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/1988	09/30/1988	03/31/1988
Responses	1,200	0	500
Time Burden (Hours)	2,420	0	1,000
Cost Burden (Dollars)	0	0	0

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Abstract: THE FOREIGN AVAILABILITY ASSESSMENT DIVISION ADDRESSES CLAIMS BY U.S. EXPORTERS OF FOREIGN AVAILABILITY OF U.S. CONTROLLED COMMODITIES AND TECHNOLOGY THAT WILL HELP MINIMIZE ADVERSE EFFECTS OF THE U.S. EXPORT CONTROL SYSTEM ON U.S. COMPETITIVENESS IN FOREIGN MARKETS.

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Authorizing Statute(s): None

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title Form No. Form Name FOREIGN AVAILABILITY PROCEDURES AND CRITERIA FAR 391.2, (D)(1)

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	1,200	500	0	700	0	0
Annual Time Burden (Hours)	2,420	1,000	0	1,420	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement:

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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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:
		(a) It is necessary for the proper performance of agency functions;
		(b) It avoids unnecessary duplication;
		(c) It reduces burden on small entities;
		(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
		(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
		(f) It indicates the retention periods for recordkeeping requirements;
		(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
			(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;
		(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
		(i) It uses effective and efficient statistical survey methodology (if applicable); and
		(j) It makes appropriate use of information technology.
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.
Certification Date: 12/04/1987

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