Commercial Encryption Items Under Commerce Jurisdiction

OMB Control No: 0694-0104	ICR Reference No: 201003-0694-002
Status: Historical Inactive	Previous ICR Reference No: 200909-0694-002
Agency/Subagency: DOC/BIS	Agency Tracking No: Obama Encryption Rule
Title: Commercial Encryption Items Under Commerce Jurisdiction
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 05/14/2010
OIRA Conclusion Action: Preapproved	Conclusion Date: 06/14/2010
Retrieve Notice of Action (NOA)	Date Received in OIRA: 04/30/2010
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2010	6 Months From Approved	11/30/2012
Responses	1,756	0	940
Time Burden (Hours)	3,243	0	8,090
Cost Burden (Dollars)	0	0	0

---

Abstract: This collection is authorized by Section 5(h) of the Export Administration Act of 1979, as amended (EAA) and Section 203(a) (2) of the International Emergency Economic Powers Act (IEEPA). The collection is necessary to provide technical and end user information for encryption items that are eligible for export under license exception or under licenses that authorize exports to various destinations.

Emergency Justfication: President Obama announced this change in the export controls on commercial encryption items in his remarks at the Ex-Im Bank on 3/11/10. These changes will reduce public burden and make it easier for U.S. companies to compete for global export sales. Accordingly, every effort is being made to implement this new policy as soon as possible.

---

Authorizing Statute(s): US Code: 50 USC 1701 Name of Law: International Emergency Economic Powers Act    US Code: 50 USC 2401 Name of Law: Export Administration Act of 1979    EO: EO 13222 Name/Subject of EO: Continuation of Export Control Regulations

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
0694-AE89	Final or interim final rulemaking

---

Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 6

IC Title Form No. Form Name ENC/ELA semi-annual reports TSU notifications Key length increase notifications Pre-shipment Notifications Encryption Registration Annual Self Classification Report

---

ICR Summary of Burden

	Total Request	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	1,756	940	0	816	0	0
Annual Time Burden (Hours)	3,243	8,090	0	-4,847	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: Changing Regulations

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

Burden Reduction Due to: Changing Regulations

Short Statement: The reduction in burden hours is the result of streamlining export controls. The increase in responses is temporary until most exporters become registered under the new procedures.

---

Annual Cost to Federal Government: $59,200

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]? No

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)? No

Is this ICR related to the Pandemic Response? Uncollected

Agency Contact: Lawrence Hall 202-482-4895 [email protected]

---

Common Form ICR:  No

---

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: 04/30/2010

---