License Exemptions and Exclusions

OMB Control No: 0694-0137	ICR Reference No: 201304-0694-004
Status: Historical Inactive	Previous ICR Reference No: 201304-0694-002
Agency/Subagency: DOC/BIS	Agency Tracking No: Spacecraft Rule
Title: License Exemptions and Exclusions
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 06/04/2013
Retrieve Notice of Action (NOA)	Date Received in OIRA: 05/02/2013
Terms of Clearance: This collection should be resubmitted to OMB when the final rule is submitted for review.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2016	01/31/2016	01/31/2016
Responses	19,756	0	19,756
Time Burden (Hours)	30,001	0	30,001
Cost Burden (Dollars)	0	0	0

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Abstract: The Bureau of Industry and Security (BIS) is requesting a revision of this collection to support publication of a proposed rule "Revisions to the Export Administration Regulations (EAR): Control of Spacecraft Systems and Related Items the President Determines No Longer Warrant Control Under the United States Munitions List (USML)" (RIN 0694-AF87). This rule implements a portion of the USML-to-CCL process being conducted under the Export Control Reform (ECR) Initiative. The changes included in this rule will create increased burdens on exporters under the Export Administration Regulations (EAR) by increasing the number of license applications received by BIS for the new spacecraft and related items which will be moved to the Commerce Control List (CCL) from the United States Munitions List (USML). These burden increases were not included in the prior revision request for the USML-to-CCL process because spacecraft and related items were statutorily assigned to the USML by Section 1513of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (1999 NDAA) (PL 105-261; 112 Stat. 1995). Recently, Section 1261 of the National Defense Authorization Act for Fiscal Year 2013 (2013 NDAA) (Pub. L. 112-239; 126 Stat. 1632) amended Section 1513 of the 1999 NDAA by striking the requirement that all satellites be controlled on the USML. BIS estimates that the overall "net burden" on exporters will be reduced because of the reductions in the burden associated with moving spacecraft and related items from the more restrictive licensing regime of the International Traffic in Arms Regulations (ITAR) to the more flexible licensing regime of the EAR.

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Authorizing Statute(s): EO: EO 13222 Name/Subject of EO: Continuation of Export Control Regulations    US Code: 50 USC 1702 Name of Law: International Emergency Economic Powers Act    PL: Pub.L. 95 - 72 5, 6 Name of Law: Export Administration Act of 1979

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
0694-AF87	Proposed rulemaking

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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: 18

IC Title Form No. Form Name Encryption Registration (formerly OMB 0694-0104) Annual Self-Classification Report (formerly OMB 0694-0104) Strategic Trade Authorization (STA) Encryption Key Lenght Increase (formerly OMB 0694-0104) GFT (formerly OMB 0694-0033 Thermal Imaging Camera Reporting (formerly OMB 0694-0133) Wassenaar Recordkeeping (formerly OMB 0694-0106) Wassenaar Reporting (formerly OMB 0694-0106) WRC (formerly OMB 0694-0025) AGR (formerly OMB 0694-0123) TSR (formerly 0694-0023) Encryption Pre-shipment Notificaitons (formerly OMB 0694-0104) TMP (formerly OMB 0694-0029 TSU Notifications (formerly OMB 0694-0104) NLR Chemical Sample Shipments (formerly OMB 0694-0086) ENC/ELA semi-annual repoerts (formerly OMB 0694-0104) De Minimus One-Time Report for Foreign Software (formerly OMB 0694-0101) TAPS Reporting and Recordkeeping (formerly OMB 0694- 0027)

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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: No

Burden Reduction Due to:

Short Statement: The program changes are associated with the rule RINs 0694-AF87, and are necessary to implement the President's Export Control Reform Initiative. The responses and burden hours are increased by 1,935 and 2,258, respectively.

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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]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

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]

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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: 05/02/2013

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