81_FR_40112 81 FR 39994 - 60-Day Notice of Proposed Information Collection: Disclosure of Violations of the Arms Export Control Act

81 FR 39994 - 60-Day Notice of Proposed Information Collection: Disclosure of Violations of the Arms Export Control Act

DEPARTMENT OF STATE

Federal Register Volume 81, Issue 118 (June 20, 2016)

Page Range39994-39995
FR Document2016-14503

The Department of State is seeking Office of Management and Budget (OMB) approval for the information collection described below. In accordance with the Paperwork Reduction Act of 1995, we are requesting comments on this collection from all interested individuals and organizations. The purpose of this notice is to allow 60 days for public comment preceding submission of the collection to OMB.

Federal Register, Volume 81 Issue 118 (Monday, June 20, 2016)
[Federal Register Volume 81, Number 118 (Monday, June 20, 2016)]
[Notices]
[Pages 39994-39995]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14503]


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DEPARTMENT OF STATE

[Public Notice: 9611]


60-Day Notice of Proposed Information Collection: Disclosure of 
Violations of the Arms Export Control Act

ACTION: Notice of request for public comment.

-----------------------------------------------------------------------

SUMMARY: The Department of State is seeking Office of Management and 
Budget (OMB) approval for the information collection described below. 
In accordance with the Paperwork Reduction Act of 1995, we are

[[Page 39995]]

requesting comments on this collection from all interested individuals 
and organizations. The purpose of this notice is to allow 60 days for 
public comment preceding submission of the collection to OMB.

DATES: The Department will accept comments from the public up to August 
19, 2016.

ADDRESSES: You may submit comments by any of the following methods:
     Web: Persons with access to the Internet may comment on 
this notice by going to www.Regulations.gov. You can search for the 
document by entering ``Docket Number: DOS-2016-0041'' in the Search 
field. Then click the ``Comment Now'' button and complete the comment 
form.
     Email: [email protected].
     Regular Mail: Send written comments to: Directorate of 
Defense Trade Controls, Department of State; 2401 E St. NW., Suite 
H1205, Washington, DC 20522. You must include the DS form number, 
information collection title, and the OMB control number in any 
correspondence.

FOR FURTHER INFORMATION CONTACT: Direct requests for additional 
information regarding the collection listed in this notice, including 
requests for copies of the proposed collection instrument and 
supporting documents, to Steve Derscheid, Directorate of Defense Trade 
Controls, Department of State, who may be reached at 
[email protected].

SUPPLEMENTARY INFORMATION: 
     Title of Information Collection: Disclosure of Violations 
of the Arms Export Control Act.
     OMB Control No.: 1405-0179.
     Type of Request: Revision of a Currently Approved 
Collection.
     Originating Office: T/PM/DDTC.
     Form No.: DS-7787.
     Respondents: Individuals and companies engaged in the 
business of exporting or temporarily importing defense hardware or 
defense technology data.
     Estimated Number of Respondents: 12,500.
     Estimated Number of Responses: 1,500.
     Average Time per Response: 10 hours.
     Total Estimated Burden Time: 15,000 hours.
     Frequency: On occasion.
     Obligation To Respond: Voluntary.
    We are soliciting public comments to permit the Department to:
     Evaluate whether the proposed information collection is 
necessary for the proper functions of the Department.
     Evaluate the accuracy of our estimate of the time and cost 
burden for this proposed collection, including the validity of the 
methodology and assumptions used.
     Enhance the quality, utility, and clarity of the 
information to be collected.
     Minimize the reporting burden on those who are to respond, 
including the use of automated collection techniques or other forms of 
information technology.
    Please note that comments submitted in response to this Notice are 
public record. Before including any detailed personal information, you 
should be aware that your comments as submitted, including your 
personal information, will be available for public review.
    Abstract of proposed collection: The Directorate of Defense Trade 
Controls (DDTC), located in the Political-Military Affairs Bureau of 
the Department of State, encourages voluntary disclosures of violations 
of the Arms Export Control Act (AECA) (22 U.S.C. 2751 et seq.), its 
implementing regulations, the International Traffic in Arms Regulations 
(ITAR) (22 CFR 120-130), and any regulation, order, license, or other 
authorization issued thereunder. The information disclosed is analyzed 
by DDTC to ultimately determine whether to take administrative action 
concerning any violation that may have occurred. Voluntary disclosure 
may be considered a mitigating factor in determining the administrative 
penalties, if any, that may be imposed. Failure to report a violation 
may result in circumstances detrimental to the U.S. national security 
and foreign policy interests and will be an adverse factor in 
determining the appropriate disposition of such violations. Also, the 
activity in question might merit referral to the Department of Justice 
for consideration of whether criminal prosecution is warranted. In such 
cases, DDTC will notify the Department of Justice of the voluntary 
nature of the disclosure, but the Department of Justice is not required 
to give that fact any weight.
    ITAR Sec.  127.12 enunciates the information which should accompany 
a voluntary disclosure. Historically, respondents to this information 
collection submitted their disclosures to DDTC in writing via hard copy 
documentation. However, as part of an IT modernization project designed 
to streamline the collection and use of information by DDTC, a discrete 
form has been developed for the submission of voluntary disclosures. 
This will allow both DDTC and respondents submitting a disclosure to 
more easily track submissions.
    Methodology: This information will be collected by electronic 
submission.

    Dated: June 9, 2016.
Lisa Aguirre,
Managing Director, Directorate of Defense Trade Controls, Department of 
State.
[FR Doc. 2016-14503 Filed 6-17-16; 8:45 am]
BILLING CODE 4710-25-P



                                                    39994                          Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Notices

                                                    DEPARTMENT OF STATE                                       • Originating Office: Directorate of                 of the forms used by DDTC have become
                                                                                                            Defense Trade Controls, Bureau of                      outdated.
                                                    [Public Notice: 9609]                                   Political Military Affairs, Department of                 This information collection will
                                                                                                            State (T/PM/DDTC).                                     supersede forms DSP–5, DSP–6, DSP–
                                                    60-Day Notice of Proposed Information                     • Form Number: DS–7788.                              61, DSP–62, DSP–71, and DSP–74
                                                    Collection: Application for the                           • Respondents: Individuals and                       which are currently used by DDTC.
                                                    Permanent Export, Temporary Export,                     companies registered with DDTC and                     Over a period of several months, DDTC
                                                    or Temporary Import of Defense                          engaged in the business of exporting or                staff have revised and updated the data
                                                    Munitions, Defense Services, and                        temporarily importing defense hardware                 collection fields to more closely mirror
                                                    Related Technical Data                                  or defense technology data.                            the needs of industry and federal
                                                                                                              • Estimated Number of Respondents:                   government partners. Moreover, DDTC
                                                          Notice of request for public
                                                    ACTION:
                                                                                                            12,500.                                                has acquired a new case management IT
                                                    comment.                                                  • Estimated Number of Responses:                     solution to modernize its business
                                                    SUMMARY:   The Department of State is                   45,000.                                                processes. As a part of this
                                                    seeking Office of Management and                          • Average Time per Response: 3                       modernization process, licensing
                                                    Budget (OMB) approval for the                           hours.                                                 operations will move from the current,
                                                                                                              • Total Estimated Burden Time:                       largely form-based submissions to an
                                                    information collection described below.
                                                                                                            135,000 hours.                                         intuitive system which will allow both
                                                    In accordance with the Paperwork
                                                                                                              • Frequency: On occasion.                            industry users and DDTC staff to
                                                    Reduction Act of 1995, we are                             • Obligation to Respond: Required to
                                                    requesting comments on this collection                                                                         smoothly and securely navigate the
                                                                                                            obtain or retain benefits.                             submission and review process. In
                                                    from all interested individuals and                       We are soliciting public comments to
                                                    organizations. The purpose of this                                                                             addition, DDTC has worked closely with
                                                                                                            permit the Department to:                              its interagency partners to construct this
                                                    notice is to allow 60 days for public                     • Evaluate whether the proposed
                                                    comment preceding submission of the                                                                            new licensing application to collate
                                                                                                            information collection is necessary for
                                                    collection to OMB.                                                                                             with the International Trade Data
                                                                                                            the proper functions of the Department.
                                                                                                                                                                   System (ITDS), a cornerstone of
                                                    DATES: The Department will accept                         • Evaluate the accuracy of our
                                                    comments from the public up to August                                                                          President Obama’s export control reform
                                                                                                            estimate of the time and cost burden for
                                                    19, 2016.                                                                                                      initiative. Therefore, this information
                                                                                                            this proposed collection, including the
                                                                                                                                                                   collection has been designed to both
                                                    ADDRESSES: You may submit comments                      validity of the methodology and
                                                                                                                                                                   dovetail with the ITDS system in
                                                    by any of the following methods:                        assumptions used.
                                                                                                              • Enhance the quality, utility, and                  addition to achieving a higher level of
                                                       • Web: Persons with access to the                                                                           usability and security for DDTC’s
                                                    Internet may comment on this notice by                  clarity of the information to be
                                                                                                            collected.                                             current industry users.
                                                    going to www.Regulations.gov. You can                                                                             Methodology:
                                                    search for the document by entering                       • Minimize the reporting burden on
                                                                                                            those who are to respond, including the                   This information will be collected via
                                                    ‘‘Docket Number: DOS–2016–0043’’ in                                                                            electronic submission to the Directorate
                                                    the Search field. Then click the                        use of automated collection techniques
                                                                                                            or other forms of information                          of Defense Trade Controls. In the case of
                                                    ‘‘Comment Now’’ button and complete                                                                            a major system outage, a continuity-of-
                                                    the comment form.                                       technology.
                                                                                                              Please note that comments submitted                  operations plan has been developed to
                                                       • Email: DDTCPublicComments@                                                                                ensure submissions to DDTC can
                                                    state.gov.                                              in response to this Notice are public
                                                                                                            record. Before including any detailed                  continue. A paper version of the form
                                                       • Regular Mail: Send written                                                                                may be made available in cases of
                                                    comments to: Directorate of Defense                     personal information, you should be
                                                                                                            aware that your comments as submitted,                 hardship or to those respondents who
                                                    Trade Controls, Attn: Managing                                                                                 do not have internet access.
                                                    Director, 2401 E St. NW., Suite H–1205,                 including your personal information,
                                                    Washington, DC 20522–0112.                              will be available for public review.                     Dated: June 6, 2016.
                                                       You must include the DS form                           Abstract of proposed collection:                     Lisa Aguirre,
                                                    number, information collection title,                     The Directorate of Defense Trade                     Managing Director, Directorate of Defense
                                                    and OMB control number in any                           Controls (DDTC), located in the                        Trade Controls, Department of State.
                                                    correspondence.                                         Political-Military Affairs Bureau of the               [FR Doc. 2016–14501 Filed 6–17–16; 8:45 am]
                                                                                                            Department of State, has the principal                 BILLING CODE 4710–25–P
                                                    FOR FURTHER INFORMATION CONTACT:                        mission of licensing the permanent
                                                    Direct requests for additional                          export, temporary export, and
                                                    information regarding the collection                    temporary import of defense articles,                  DEPARTMENT OF STATE
                                                    listed in this notice, including requests               defense services, and related technical
                                                    for copies of the proposed collection                   data as enumerated in the United States                [Public Notice: 9611]
                                                    instrument and supporting documents,                    Munitions List (USML), and to ensure
                                                    to Steve Derscheid—Directorate of                                                                              60-Day Notice of Proposed Information
                                                                                                            that the sale, transfer, or brokering of
                                                    Defense Trade Controls, Department of                                                                          Collection: Disclosure of Violations of
                                                                                                            such items are in the interest of U.S.
                                                    State, who may be reached at                                                                                   the Arms Export Control Act
                                                                                                            national security and foreign policy. To
                                                    DerscheidSA@state.gov.                                  this end, DDTC has historically utilized
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                                         Notice of request for public
                                                                                                                                                                   ACTION:
                                                    SUPPLEMENTARY INFORMATION:                              several form-based submissions to                      comment.
                                                       • Title of Information Collection:                   collect information from applicants for
                                                    Application for Permanent Export,                       export or temporary import licenses.                   SUMMARY:  The Department of State is
                                                    Temporary Export, or Temporary Import                   However, as new programmatic                           seeking Office of Management and
                                                    of Defense Munitions, Defense Services,                 requirements have been promulgated,                    Budget (OMB) approval for the
                                                    and Related Technical Data.                             whether in response to changing                        information collection described below.
                                                       • OMB Control Number: None.                          geopolitical events, legislation, or                   In accordance with the Paperwork
                                                       • Type of Request: New Collection.                   interagency requirements, many aspects                 Reduction Act of 1995, we are


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                                                                                   Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Notices                                                     39995

                                                    requesting comments on this collection                     • Evaluate the accuracy of our                      a disclosure to more easily track
                                                    from all interested individuals and                     estimate of the time and cost burden for               submissions.
                                                    organizations. The purpose of this                      this proposed collection, including the                  Methodology: This information will
                                                    notice is to allow 60 days for public                   validity of the methodology and                        be collected by electronic submission.
                                                    comment preceding submission of the                     assumptions used.                                        Dated: June 9, 2016.
                                                    collection to OMB.                                         • Enhance the quality, utility, and                 Lisa Aguirre,
                                                    DATES: The Department will accept                       clarity of the information to be                       Managing Director, Directorate of Defense
                                                    comments from the public up to August                   collected.                                             Trade Controls, Department of State.
                                                    19, 2016.                                                  • Minimize the reporting burden on                  [FR Doc. 2016–14503 Filed 6–17–16; 8:45 am]
                                                    ADDRESSES: You may submit comments                      those who are to respond, including the                BILLING CODE 4710–25–P
                                                    by any of the following methods:                        use of automated collection techniques
                                                       • Web: Persons with access to the                    or other forms of information
                                                    Internet may comment on this notice by                  technology.                                            SURFACE TRANSPORTATION BOARD
                                                    going to www.Regulations.gov. You can                      Please note that comments submitted
                                                    search for the document by entering                     in response to this Notice are public                  [Docket No. AB 33 (Sub-No. 326X)]
                                                    ‘‘Docket Number: DOS–2016–0041’’ in                     record. Before including any detailed
                                                    the Search field. Then click the                        personal information, you should be                    Union Pacific Railroad Company—
                                                    ‘‘Comment Now’’ button and complete                     aware that your comments as submitted,                 Abandonment Exemption—in Alameda
                                                    the comment form.                                       including your personal information,                   County, Cal.
                                                       • Email: DDTCPublicComments@                         will be available for public review.                      Union Pacific Railroad Company (UP)
                                                    state.gov.                                                 Abstract of proposed collection: The                has filed a verified notice of exemption
                                                       • Regular Mail: Send written                         Directorate of Defense Trade Controls                  under 49 CFR pt. 1152 subpart F—
                                                    comments to: Directorate of Defense                     (DDTC), located in the Political-Military              Exempt Abandonments to abandon all
                                                    Trade Controls, Department of State;                    Affairs Bureau of the Department of                    of its remaining trackage on Alameda
                                                    2401 E St. NW., Suite H1205,                            State, encourages voluntary disclosures                Island in Alameda County, Cal. (the
                                                    Washington, DC 20522. You must                          of violations of the Arms Export Control               Line). The Line totals approximately 4.3
                                                    include the DS form number,                             Act (AECA) (22 U.S.C. 2751 et seq.), its               miles and consists of five rail segments:
                                                    information collection title, and the                   implementing regulations, the                          (1) UP’s Alameda Industrial Lead, from
                                                    OMB control number in any                               International Traffic in Arms                          milepost 10.0 near Fruitvale to milepost
                                                    correspondence.                                         Regulations (ITAR) (22 CFR 120–130),                   10.4 near Lincoln Jct.; (2) the Alameda
                                                    FOR FURTHER INFORMATION CONTACT:                        and any regulation, order, license, or                 Industrial Lead from milepost 16.0 near
                                                    Direct requests for additional                          other authorization issued thereunder.                 Mastic Jct. to milepost 18.2 near West
                                                    information regarding the collection                    The information disclosed is analyzed                  Alameda; (3) the former South Pacific
                                                    listed in this notice, including requests               by DDTC to ultimately determine                        Coast Railway mainline from milepost
                                                    for copies of the proposed collection                   whether to take administrative action                  5.0 at West Alameda to milepost 6.1 at
                                                    instrument and supporting documents,                    concerning any violation that may have                 Pacific Jct.; (4) the connection between
                                                    to Steve Derscheid, Directorate of                      occurred. Voluntary disclosure may be                  the Alameda Industrial Lead at milepost
                                                    Defense Trade Controls, Department of                   considered a mitigating factor in                      18.0 and South Pacific Coast milepost
                                                    State, who may be reached at                            determining the administrative                         5.4 near West Alameda; and (5) track #7,
                                                    DerscheidSA@state.gov.                                  penalties, if any, that may be imposed.                the connection between the Alameda
                                                    SUPPLEMENTARY INFORMATION:                              Failure to report a violation may result               Belt Line near St. Charles Avenue and
                                                       • Title of Information Collection:                   in circumstances detrimental to the U.S.               the Alameda Industrial Lead at its
                                                    Disclosure of Violations of the Arms                    national security and foreign policy                   milepost 16.5 near Constitution Way.
                                                    Export Control Act.                                     interests and will be an adverse factor                The Line also includes all other UP
                                                       • OMB Control No.: 1405–0179.                        in determining the appropriate                         ancillary, industrial, switching, siding,
                                                       • Type of Request: Revision of a                     disposition of such violations. Also, the              and spur trackage on Alameda Island
                                                    Currently Approved Collection.                          activity in question might merit referral              and traverses United States Postal
                                                       • Originating Office: T/PM/DDTC.                     to the Department of Justice for                       Service Zip Codes 94501 and 94601.1
                                                       • Form No.: DS–7787.                                 consideration of whether criminal                         UP has certified that: (1) No local
                                                       • Respondents: Individuals and                       prosecution is warranted. In such cases,               traffic has moved over the Line for at
                                                    companies engaged in the business of                    DDTC will notify the Department of                     least two years; (2) no overhead traffic
                                                    exporting or temporarily importing                      Justice of the voluntary nature of the                 has moved over the Line for at least two
                                                    defense hardware or defense technology                  disclosure, but the Department of Justice              years and, therefore, there is no need to
                                                    data.                                                   is not required to give that fact any                  reroute any traffic; (3) no formal
                                                       • Estimated Number of Respondents:                   weight.                                                complaint filed by a user of rail service
                                                    12,500.                                                    ITAR § 127.12 enunciates the                        on the Line (or by a state or local
                                                       • Estimated Number of Responses:                                                                            government entity acting on behalf of
                                                                                                            information which should accompany a
                                                    1,500.                                                                                                         such user) regarding cessation of service
                                                       • Average Time per Response: 10                      voluntary disclosure. Historically,
                                                                                                            respondents to this information                        over the Line either is pending with the
                                                    hours.                                                                                                         Surface Transportation Board (Board) or
                                                       • Total Estimated Burden Time:                       collection submitted their disclosures to
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    15,000 hours.                                           DDTC in writing via hard copy                            1 In its combined environmental and historic
                                                       • Frequency: On occasion.                            documentation. However, as part of an                  report, UP notes that because the Line was used in
                                                       • Obligation To Respond: Voluntary.                  IT modernization project designed to                   electric interurban service from 1911 to 1940, it
                                                       We are soliciting public comments to                 streamline the collection and use of                   appeared to have been reclassified by then-owner
                                                    permit the Department to:                               information by DDTC, a discrete form                   Southern Pacific Railroad and viewed as an
                                                                                                                                                                   unregulated switching spur. UP views the Line as
                                                       • Evaluate whether the proposed                      has been developed for the submission                  potentially falling under STB jurisdiction and is
                                                    information collection is necessary for                 of voluntary disclosures. This will allow              seeking exempt abandonment authority to clarify
                                                    the proper functions of the Department.                 both DDTC and respondents submitting                   the record with regard to the Line.



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Document Created: 2016-06-18 00:09:04
Document Modified: 2016-06-18 00:09:04
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of request for public comment.
DatesThe Department will accept comments from the public up to August 19, 2016.
ContactDirect requests for additional information regarding the collection listed in this notice, including requests for copies of the proposed collection instrument and supporting documents, to Steve Derscheid, Directorate of Defense Trade Controls, Department of State, who may be reached at [email protected]
FR Citation81 FR 39994 

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