80 FR 32935 - Proposed Information Collection; Comment Request; Chemical Weapons Convention Provisions of the Export Administration Regulations

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 80, Issue 111 (June 10, 2015)

Page Range		32935-32936
FR Document		2015-14164

The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.

Federal Register, Volume 80 Issue 111 (Wednesday, June 10, 2015)

[Federal Register Volume 80, Number 111 (Wednesday, June 10, 2015)]
[Notices]
[Pages 32935-32936]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-14164]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Proposed Information Collection; Comment Request; Chemical 
Weapons Convention Provisions of the Export Administration Regulations

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Notice.

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SUMMARY: The Department of Commerce, as part of its continuing effort 
to reduce paperwork and respondent burden, invites the general public 
and other Federal agencies to take this opportunity to comment on 
proposed and/or continuing information collections, as required by the 
Paperwork Reduction Act of 1995.

DATES: Written comments must be submitted on or before August 10, 2015.

ADDRESSES: Direct all written comments to Jennifer Jessup, Departmental 
Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th 
and Constitution Avenue NW, Washington, DC 20230 (or via the Internet 
at [email protected]).

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
copies of the information collection instrument and instructions should 
be directed to Mark Crace, BIS ICB Liaison, (202) 482-8093, 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Abstract

    The Chemical Weapons Convention (CWC) is a multilateral arms 
control treaty that seeks to achieve an international ban on chemical 
weapons (CW). The CWC prohibits, the use, development, production, 
acquisition, stockpiling, retention, and direct or indirect transfer of 
chemical weapons. This collection implements the following provision of 
the treaty:
    Schedule 1 notification and report: Under Part VI of the CWC 
Verification Annex, the United States is required to notify the 
Organization for the Prohibition of Chemical Weapons (OPCW), the 
international organization created to implement the CWC, at least 30 
days before any transfer (export/import) of Schedule 1 chemicals to 
another State Party. The United States is also required to submit 
annual reports to the OPCW on all transfers of Schedule 1 Chemicals.
    End-Use Certificates: Under Part VIII of the CWC Verification 
Annex, the United States is required to obtain End-Use Certificates for 
transfers of Schedule 3 chemicals to Non-States Parties to ensure the 
transferred chemicals are only used for the purposes not prohibited 
under the Convention.

II. Method of Collection

    Submitted electronically or on paper.

III. Data

    OMB Control Number: 0694-0117.
    Form Number(s): Not applicable.
    Type of Review: Regular submission extension.
    Affected Public: Business or other for-profit organizations.
    Estimated Number of Respondents: 70.
    Estimated Time Per Response: 36 minutes.
    Estimated Total Annual Burden Hours: 42 hours.
    Estimated Total Annual Cost to Public: $0.

IV. Request for Comments

    Comments are invited on: (a) whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the agency, including whether the information shall have practical 
utility; (b) the accuracy of the agency's estimate of the burden 
(including hours and cost) of the proposed collection of information; 
(c) ways to enhance the quality, utility, and clarity of the 
information to be collected; and (d) ways to minimize the burden of the 
collection of information on respondents, including through the use of 
automated collection techniques

[[Page 32936]]

or other forms of information technology.
    Comments submitted in response to this notice will be summarized 
and/or included in the request for OMB approval of this information 
collection; they also will become a matter of public record.

    Dated: June 5, 2015.
Glenna Mickelson,
Management Analyst, Office of the Chief Information Officer.
[FR Doc. 2015-14164 Filed 6-9-15; 8:45 am]
 BILLING CODE 3510-33-P

Federal Register / Vol. 80, No. 111 / Wednesday, June 10, 2015 / Notices 32935

meets the additional conditions detailed including whether the information will I. Abstract
in the BE–11 forms and instructions. have practical utility; (b) the accuracy of The Chemical Weapons Convention
Entities required to report will be the Agency’s estimate of the burden (CWC) is a multilateral arms control
contacted individually by BEA. Entities (including hours and cost) of the treaty that seeks to achieve an
not contacted by BEA have no reporting proposed collection of information; (c) international ban on chemical weapons
responsibilities. ways to enhance the quality, utility, and (CW). The CWC prohibits, the use,
BEA offers electronic filing through clarity of the information to be development, production, acquisition,
its eFile system for use in reporting on collected; and (d) ways to minimize the stockpiling, retention, and direct or
the BE–11 annual survey forms. In burden of the collection of information indirect transfer of chemical weapons.
addition, BEA posts all its survey forms on respondents, including through the This collection implements the
and reporting instructions on its Web use of automated collection techniques following provision of the treaty:
site (www.bea.gov/dia). These may be or other forms of information Schedule 1 notification and report:
downloaded, completed, printed, and technology. Under Part VI of the CWC Verification
submitted via fax or mail. Comments submitted in response to Annex, the United States is required to
Potential respondents of the BE–11 this notice will be summarized and notify the Organization for the
are selected from those U.S. parents that included in the request for OMB Prohibition of Chemical Weapons
reported owning foreign business approval of this information collection; (OPCW), the international organization
enterprises in the 2014 BE–10, they also will become a matter of public created to implement the CWC, at least
Benchmark Survey of U.S. Direct record. 30 days before any transfer (export/
Investment Abroad, along with entities
Dated: June 5, 2015. import) of Schedule 1 chemicals to
that subsequently entered the direct
Glenna Mickelson, another State Party. The United States is
investment universe. The BE–11 is a
Management Analyst, Office of Chief also required to submit annual reports
sample survey, as described; universe
Information Officer. to the OPCW on all transfers of
estimates are developed from the
[FR Doc. 2015–14148 Filed 6–9–15; 8:45 am] Schedule 1 Chemicals.
reported sample data.
BILLING CODE 3510–06–P
End-Use Certificates: Under Part VIII
III. Data of the CWC Verification Annex, the
OMB Control Number: 0608–0053. United States is required to obtain End-
Form Number: BE–11. DEPARTMENT OF COMMERCE Use Certificates for transfers of Schedule
Type of Review: Regular submission. 3 chemicals to Non-States Parties to
Affected Public: Businesses or other Bureau of Industry and Security ensure the transferred chemicals are
for-profit organizations. only used for the purposes not
Estimated Number of Respondents: Proposed Information Collection; prohibited under the Convention.
1,900 U.S. parents filing for their U.S. Comment Request; Chemical Weapons
Convention Provisions of the Export II. Method of Collection
operations on the A form, for 21,800
foreign affiliates, which include 20,500 Administration Regulations Submitted electronically or on paper.
B forms, 1,150 C forms, 150 D forms, III. Data
AGENCY: Bureau of Industry and
and 500 Claim for Exemption forms for
Security, Commerce. OMB Control Number: 0694–0117.
U.S. operations or foreign affiliates.
Estimated Total Annual Burden ACTION: Notice. Form Number(s): Not applicable.
Hours: 262,250 hours. Total annual Type of Review: Regular submission
burden is calculated by multiplying the SUMMARY: The Department of extension.
estimated number of submissions of Commerce, as part of its continuing Affected Public: Business or other for-
each form by the average hourly burden effort to reduce paperwork and profit organizations.
per form, which is 7 hours for the A respondent burden, invites the general Estimated Number of Respondents:
form, 12 hours for the B form, 2 hours public and other Federal agencies to 70.
for the C form, 1 hour for the D form, take this opportunity to comment on Estimated Time Per Response: 36
and 1 hour for the Claim for Exemption proposed and/or continuing information minutes.
forms. collections, as required by the Estimated Total Annual Burden
Estimated Time per Respondent: Paperwork Reduction Act of 1995. Hours: 42 hours.
138.0 hours per respondent (262,250 Estimated Total Annual Cost to
DATES:Written comments must be
hours/1,900 U.S. parents) is the average, Public: $0.
submitted on or before August 10, 2015.
but may vary considerably among IV. Request for Comments
respondents because of differences in ADDRESSES: Direct all written comments
company structure, size, and to Jennifer Jessup, Departmental Comments are invited on: (a) whether
complexity. Paperwork Clearance Officer, the proposed collection of information
Estimated Total Annual Cost to Department of Commerce, Room 6616, is necessary for the proper performance
Public: $0. 14th and Constitution Avenue NW, of the functions of the agency, including
Respondent’s Obligation: Mandatory. Washington, DC 20230 (or via the whether the information shall have
Legal Authority: International Internet at JJessup@doc.gov). practical utility; (b) the accuracy of the
agency’s estimate of the burden
asabaliauskas on DSK5VPTVN1PROD with NOTICES

Investment and Trade in Services FOR FURTHER INFORMATION CONTACT:
Survey Act (Pub. L. 94–472, 22 U.S.C. Requests for additional information or (including hours and cost) of the
3101–3108, as amended). copies of the information collection proposed collection of information; (c)
instrument and instructions should be ways to enhance the quality, utility, and
IV. Request for Comments clarity of the information to be
directed to Mark Crace, BIS ICB Liaison,
Comments are invited on: (a) Whether (202) 482–8093, Mark.Crace@ collected; and (d) ways to minimize the
the proposed collection of information bis.doc.gov. burden of the collection of information
is necessary for the proper performance on respondents, including through the
of the functions of the Agency, SUPPLEMENTARY INFORMATION: use of automated collection techniques

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32936 Federal Register / Vol. 80, No. 111 / Wednesday, June 10, 2015 / Notices

or other forms of information the Director of the Office of Export A. Applying for, obtaining, or using
technology. Enforcement, may deny the export any license, License Exception, or
Comments submitted in response to privileges of any person who has been export control document;
this notice will be summarized and/or convicted of a violation of the Export B. Carrying on negotiations
included in the request for OMB Administration Act (‘‘EAA’’), the EAR, concerning, or ordering, buying,
approval of this information collection; or any order, license or authorization receiving, using, selling, delivering,
they also will become a matter of public issued thereunder; any regulation, storing, disposing of, forwarding,
record. license, or order issued under the transporting, financing, or otherwise
Dated: June 5, 2015. International Emergency Economic servicing in any way, any transaction
Powers Act (50 U.S.C. 1701–1706); 18 involving any item exported or to be
Glenna Mickelson,
U.S.C. 793, 794 or 798; section 4(b) of exported from the United States that is
Management Analyst, Office of the Chief subject to the Regulations, or in any
Information Officer. the Internal Security Act of 1950 (50
U.S.C. 783(b)), or section 38 of the Arms other activity subject to the Regulations;
[FR Doc. 2015–14164 Filed 6–9–15; 8:45 am]
Export Control Act (22 U.S.C. 2778).’’ 15 or
BILLING CODE 3510–33–P
CFR 766.25(a); see also Section 11(h) of C. Benefitting in any way from any
the EAA, 50 U.S.C. app. 2410(h). The transaction involving any item exported
denial of export privileges under this or to be exported from the United States
DEPARTMENT OF COMMERCE that is subject to the Regulations, or in
provision may be for a period of up to
Bureau of Industry and Security 10 years from the date of the conviction. any other activity subject to the
15 CFR 766.25(d); see also 50 U.S.C. Regulations.
In the Matter of: Luis Armando Collins- app. § 2410(h). In addition, Section Second, no person may, directly or
Avila, Inmate Number—98902–308, Big 750.8 of the Regulations states that the indirectly, do any of the following:
Spring, Correctional Institution, 2001 Bureau of Industry and Security’s Office A. Export or reexport to or on behalf
Rickabaugh Drive, Big Spring, TX of Exporter Services may revoke any of the Denied Person any item subject to
79720 Bureau of Industry and Security (‘‘BIS’’) the Regulations;
B. Take any action that facilitates the
licenses previously issued in which the
Order Denying Export Privileges acquisition or attempted acquisition by
person had an interest in at the time of
On September 24, 2014, in the U.S. the Denied Person of the ownership,
his conviction.
District Court for the District of Arizona, possession, or control of any item
BIS has received notice of Collins- subject to the Regulations that has been
Luis Armando Collins-Avila (‘‘Collins- Avila’s conviction for violating the
Avila’’), was convicted of violating or will be exported from the United
AECA, and has provided notice and an States, including financing or other
Section 38 of the Arms Export Control opportunity for Collins-Avila to make a
Act (22 U.S.C. 2778 (2012)) (‘‘AECA’’). support activities related to a
written submission to BIS, as provided transaction whereby the Denied Person
Specifically, Collins-Avila knowingly in Section 766.25 of the Regulations.
and willfully attempted to export and acquires or attempts to acquire such
BIS has received and reviewed a ownership, possession or control;
caused to be exported from the United submission from Collins-Avila. C. Take any action to acquire from or
States to Mexico 6,000 rounds of
Based upon my review and to facilitate the acquisition or attempted
ammunition which comprised of 3,000
consultations with BIS’s Office of acquisition from the Denied Person of
rounds of 7.62 x 39 caliber ammunition;
Export Enforcement, including its any item subject to the Regulations that
2,000 rounds of 9 mm caliber
Director, and the facts available to BIS, has been exported from the United
ammunition; and 1,000 rounds of .38
I have decided to deny Collins-Avila’s States;
Super caliber ammunition, which were D. Obtain from the Denied Person in
designated as defense articles on the export privileges under the Regulations
for a period of 10 years from the date of the United States any item subject to the
United States Munitions List, without Regulations with knowledge or reason
having first obtained from the United Collins-Avila’s conviction. I have also
decided to revoke all licenses issued to know that the item will be, or is
states Department of State a license for intended to be, exported from the
such export or written authorization for pursuant to the Act or Regulations in
which Collins-Avila had an interest at United States; or
such export. Collins-Avila was E. Engage in any transaction to service
sentenced to 46 months of the time of his conviction.
any item subject to the Regulations that
imprisonment, three years of supervised Accordingly, it is hereby ordered: has been or will be exported from the
release, and fined a $200 assessment. First, from the date of this Order until United States and which is owned,
Section 766.25 of the Export September 24, 2024, Luis Armando possessed or controlled by the Denied
Administration Regulations (‘‘EAR’’ or Collins-Avila, with a last known address Person, or service any item, of whatever
‘‘Regulations’’) 1 provides, in pertinent of Inmate Number—98902–308, Big origin, that is owned, possessed or
part, that ‘‘[t]he Director of the Office of Spring, Correctional Institution, 2001 controlled by the Denied Person if such
Exporter Services, in consultation with Rickabaugh Drive, Big Springs, TX service involves the use of any item
1 The Regulations are currently codified in the
79720, and when acting for or on his subject to the Regulations that has been
Code of Federal Regulations at 15 CFR parts 730–
behalf, his successors, assigns, or will be exported from the United
774 (2015). The Regulations issued pursuant to the employees, agents or representatives States. For purposes of this paragraph,
(the ‘‘Denied Person’’), may not, directly servicing means installation,
asabaliauskas on DSK5VPTVN1PROD with NOTICES

Export Administration Act (50 U.S.C. app. §§ 2401–
2420 (2000)) (‘‘EAA’’). Since August 21, 2001, the or indirectly, participate in any way in maintenance, repair, modification or
EAA has been in lapse and the President, through
Executive Order 13222 of August 17, 2001 (3 CFR,
any transaction involving any testing.
2001 Comp. 783 (2002)), which has been extended commodity, software or technology Third, after notice and opportunity for
by successive Presidential Notices, the most recent (hereinafter collectively referred to as comment as provided in Section 766.23
being that of August 7, 2014 (79 FR 46959 (August ‘‘item’’) exported or to be exported from of the Regulations, any other person,
11, 2014)), has continued the Regulations in effect
under the International Emergency Economic
the United States that is subject to the firm, corporation, or business
Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp. Regulations, including, but not limited organization related to Collins-Avila by
IV 2010)). to: ownership, control, position of

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Document Created: 2015-12-15 15:17:06
Document Modified: 2015-12-15 15:17:06

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Dates		Written comments must be submitted on or before August 10, 2015.
Contact		Requests for additional information or copies of the information collection instrument and instructions should be directed to Mark Crace, BIS ICB Liaison, (202) 482-8093, [email protected]
FR Citation		80 FR 32935

80 FR 32935 - Proposed Information Collection; Comment Request; Chemical Weapons Convention Provisions of the Export Administration Regulations

DEPARTMENT OF COMMERCEBureau of Industry and Security

Federal Register Volume 80, Issue 111 (June 10, 2015)

DEPARTMENT OF COMMERCE
Bureau of Industry and Security