81_FR_77206 81 FR 76992 - 30-Day Notice of Proposed Information Collection: Statement of Material Change, Merger, Acquisition, or Divestment of a Registered Party

81 FR 76992 - 30-Day Notice of Proposed Information Collection: Statement of Material Change, Merger, Acquisition, or Divestment of a Registered Party

DEPARTMENT OF STATE

Federal Register Volume 81, Issue 214 (November 4, 2016)

Page Range76992-76994
FR Document2016-26715

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 30 days for public comment preceding submission of the collection to OMB.

Federal Register, Volume 81 Issue 214 (Friday, November 4, 2016)
[Federal Register Volume 81, Number 214 (Friday, November 4, 2016)]
[Notices]
[Pages 76992-76994]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26715]


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DEPARTMENT OF STATE

[Public Notice: 9782]


30-Day Notice of Proposed Information Collection: Statement of 
Material Change, Merger, Acquisition, or Divestment of a Registered 
Party

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 
requesting comments on this collection from all interested individuals 
and organizations. The purpose of this notice is to allow 30 days for 
public comment preceding submission of the collection to OMB.

DATES: The Department will accept comments from the public up to 
December 5, 2016.

ADDRESSES: Direct comments to the Department of State Desk Officer in 
the Office of Information and Regulatory Affairs (OIRA) at the Office 
of Management and Budget (OMB). You may submit comments by the 
following methods:
     Email: [email protected]. You must include the 
DS form number, information collection title, and the OMB control 
number in the subject line of your message.
     Fax: 202-395-5806. Attention: Desk Officer for Department 
of State.
    You must include the DS form number, information collection title, 
and 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--Management Analyst, who may 
be reached at [email protected].

SUPPLEMENTARY INFORMATION: 
     Title of Information Collection: Statement of Material 
Change, Merger, Acquisition, or Divestiture of a Registered Party.
     OMB Control Number: 1405-XXXX.
     Type of Request: New Collection.
     Originating Office: Directorate of Defense Trade Controls, 
Bureau of Political Military Affairs, Department of State (T/PM/DDTC).
     Form Number: DS-7789.
     Respondents: Individuals and companies registered with 
DDTC and engaged in the business of manufacturing, brokering, 
exporting, or temporarily importing defense hardware or defense 
technology data.
     Estimated Number of Respondents: 1,700.
     Estimated Number of Responses: 1,700.
     Average Time per Response: 2 hours.
     Total Estimated Burden Time: 3,400 hours.
     Frequency: On occasion.
     Obligation to Respond: Mandatory.
    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 International Traffic in Arms Regulations (ITAR) Sec. Sec.  
122.4 and 129.8 require registrants to notify the Directorate of 
Defense Trade Controls of the Department of State in the event of a 
change in registration information, in the event a foreign person or 
entity acquires a registered entity, or if the registrant is a party to 
a merger, acquisition, or divestiture (MAD) of an entity producing or 
marketing ITAR-controlled items. Based on certain conditions enunciated 
in the ITAR, respondents must notify DDTC of these changes at differing 
intervals--no less than 60 days prior to the event and/or within 5 days 
of its culmination. This information is necessary for DDTC to ensure 
registration records are accurate and to determine whether the 
transaction is in compliance with the regulations (e.g. with respect to 
ITAR Sec.  126.1); assess the steps that need to be taken with respect 
to existing authorizations (e.g. transfers of licenses); and to 
evaluate the implications for US national security and foreign policy. 
This information collection is estimated to take an average of 2 hours 
to execute, and DDTC expects to receive approximately 1,700 responses 
per year; therefore, the total burden for this collection will be 3,400 
hours per year.

Summary of Public Comments Received

    On June 20, 2016, DDTC published a Federal Register Notice (81 FR 
39992) soliciting public comments through August 19, 2016. DDTC 
received nine public comments during this period. One comment was not 
germane to the proposed information collection. The remaining eight 
comments provided significant feedback on the form. These comments are 
summarized below:
    One commenter remarked that the proposed 2-hour burden for the DS-
7789 is low and should be revised. DDTC replies that the burden is an 
average of all submissions using the DS-7789, and while some responses 
will require a longer period based on the complexity of a transaction, 
many will be far below the declared burden for the form. Similarly, 
information previously provided to the Directorate via the DS-2032, 
Statement of Registration, will auto-populate into the DS-7789, saving 
respondents the burden of re-keying their basic information multiple 
times. DDTC therefore believes that a 2-hour burden is accurate for 
this form.
    Another comment centered on the name of the form itself, 
``Statement of Material Change, Merger, Acquisition, or Divestiture of 
a Registered Party.'' The commenter was concerned that the term 
``material change'' is inconsistent with current business usage and the 
use of this form could potentially affect the market value of the 
submitting company. While DDTC understands these concerns, the changes 
that require notification, and are therefore ``material changes'' for 
ITAR purposes, are defined in the regulations (see ITAR Sec.  122.4).

[[Page 76993]]

Therefore the title of the form will remain the same.
    Multiple commenters opined that the form, currently formatted in 
four separate sheets, is difficult to follow. DDTC notes that the form 
as currently written serves as a ``placeholder'' for a new case 
management system that is in development, and the focus throughout the 
form's creation has been to finalize discrete data fields and workflows 
more than format. The data fields on the form will be used to guide 
users through questions based on their previous responses; not all 
users will see all fields during each submission.
    Relatedly, many commenters noted that Block 1 of the form, 
currently named ``Applicant Information,'' should be changed to 
``Registrant Information'' to avoid confusing nomenclature. DDTC notes 
that the title of this block is a field designator only, as the word 
``Applicant'' will be used throughout the case management system to 
collate data fields for interoperability. The title of the field has no 
bearing on the role of the submitter of the DS-7789 and is not intended 
to imply that the submitter is ``applying'' to declare a material 
change. Rather, this was done in order for the electronic system to 
recognize the information in this block as duplicative of information 
that might be contained elsewhere in the user's system profile.
    DDTC believes that many of the usability issues identified by the 
commenters will be resolved through the guided nature of the case 
management system. For instance, some comments noted that the .pdf 
version of the DS-7789 lacked functionality to add additional 
supporting documentation and that text fields did not expand to 
accommodate easier editing. DDTC notes that the case management system 
will have fully functional ``add'' capability as well as unlimited-
character text boxes which will allow for easy editing of responses. To 
this point, some commenters also noted that uploading information on 
each authorization (licenses and agreements) that will transfer 
ownership through a merger, acquisition, or divestiture (``MAD'') event 
is unduly burdensome and that respondents should have the ability to 
upload documentation in lieu of keying such information into the 
system. DDTC replies that the case management system will automatically 
populate this field from the registrant's information; users will then 
have the ability to select which authorizations will transfer under the 
proposed merger, acquisition, or divestiture instead of keying 
information on each authorization.
    One commenter noted that DDTC has historically provided a limited 
period for an acquired entity's registration to remain current after 
the date of the transaction to allow for the shipment of unshipped 
balances on authorizations which are transferring to the new or 
acquiring entity, but that this practice is not reflected on the DS-
7789. DDTC replies that this practice stemmed from paper-based 
reporting and was used to allow companies to continue exporting goods 
under approved licenses while the authorizations were manually updated 
within DDTC. Because of the automated nature of the DS-7789, 
authorizations will be transferred rapidly from one entity to another 
and therefore the ``grace period'' will no longer be needed nor 
provided in the ordinary course.
    Several commenters also opined that DDTC should convene an industry 
working group to beta test the new form and system that is being 
developed. In fact, DDTC has already convened such a group, and all 
interested industry users are welcome to join by contacting 
[email protected].
    Many respondents provided feedback on the instructions for the DS-
7789. Most comments centered on requesting more detailed guidance for 
specific fields on the form. DDTC is pleased to provide additional 
guidance and revised instructions will be made available on the DDTC 
Web site (https://www.pmddtc.state.gov) in conjunction with the 
publication of this request for public comment. For example, a 
commenter asked for clarification regarding DDTC's request for percent-
ownership of outstanding voting securities of the foreign buyer of a 
registered entity. In response, DDTC revised the instructions to 
clarify the distinction between the 50% ownership, as referenced in 22 
CFR 122.2, and the presumption of control in 22 CFR 120.37 associated 
with 25% ownership. The percent-ownership question in the DS-7789 
facilitates DDTC's national security and foreign policy evaluation 
which, as part of the transactional review, includes an understanding 
of who has potential control of the foreign buyer.
    DDTC also received several comments related to the electronic 
signature requirement for the DS-7789. Numerous responses noted that 
the signature requirement for a senior officer is unduly burdensome for 
their executive-level managers; DDTC notes that the requirement for a 
senior officer to sign a notification of a change in registration 
information is enunciated in ITAR Sec.  122.4. Similarly, one commenter 
opined that the requirement to provide information about senior 
officers and board members on the 60-day submission preceding a MAD 
event should be dispensed with since they may not be the same once the 
event actually occurs; however, DDTC needs this information to evaluate 
the entirety of a transaction, and it will still be required.
    Many commenters also remarked that the ``60-day Buyer'' portion of 
the form should be removed as only registered parties are required to 
submit information to DDTC. DDTC notes that the requested information 
is about the buyer and not necessarily from the buyer. For this reason, 
DDTC is providing registrants the ability to provide this information 
about the buyer or to have the buyer provide the information directly. 
In practice, registrants already provide buyer information in many 
divestitures (in other words, the buyer provides the registrant with 
the requested information, which the registrant then submits to DDTC). 
Allowing the buyer to submit the information to DDTC directly allows 
the buyer to provide information that they may not otherwise wish to 
share with the registrant. The requested information is relevant to 
DDTC's analysis of the foreign policy and national security 
implications of transactions and, in many cases, is what the acquiring 
company will ultimately provide in a post-transaction DS-2032 
(Statement of Registration) covering the acquired entity.
    Two comments also centered on the protection of information 
submitted via the form's proposed electronic interface. DDTC's IT 
security team is working on a secure web-based system to accept 
proprietary data from industry users. Recognizing the sensitivity of 
the data submitted, the system will meet all current government 
standards for data security and the Privacy Act of 1974. Similarly, 
DDTC will protect information from public disclosure to the extent 
permitted by law. DDTC encourages submitters to clearly mark 
proprietary information in accordance with the Department of State 
guidelines at 22 CFR 171.12.

Methodology

    This information will be collected by DDTC's electronic case 
management system and respondents will certify the data via electronic 
signature. Respondents will be required to enroll in DDTC's online 
system and will be issued an appropriate credential based on the 
business the user will be transacting. Lower assurance matters (such as 
initial registration in the system) will require a secure username

[[Page 76994]]

and password. Matters requiring higher assurance will require multi-
factor credentials, such as a certificate based login.

    Dated: October 26, 2016.
Lisa Aguirre,
Managing Director, Directorate of Defense Trade Controls, Department of 
State.
[FR Doc. 2016-26715 Filed 11-3-16; 8:45 am]
 BILLING CODE 4710-25-P



                                                    76992                        Federal Register / Vol. 81, No. 214 / Friday, November 4, 2016 / Notices

                                                    following areas as adversely affected by                for copies of the proposed collection                 acquisition, or divestiture (MAD) of an
                                                    the disaster:                                           instrument and supporting documents,                  entity producing or marketing ITAR-
                                                    Primary Counties: (Physical Damage and                  to Steve Derscheid—Management                         controlled items. Based on certain
                                                         Economic Injury Loans): Nassau,                    Analyst, who may be reached at                        conditions enunciated in the ITAR,
                                                         Seminole.                                          DerscheidSA@state.gov.                                respondents must notify DDTC of these
                                                    Contiguous Counties: (Economic Injury                   SUPPLEMENTARY INFORMATION:                            changes at differing intervals—no less
                                                         Loans Only): Georgia, Camden,                        • Title of Information Collection:                  than 60 days prior to the event and/or
                                                         Charlton.                                          Statement of Material Change, Merger,                 within 5 days of its culmination. This
                                                      All other information in the original                 Acquisition, or Divestiture of a                      information is necessary for DDTC to
                                                    declaration remains unchanged.                          Registered Party.                                     ensure registration records are accurate
                                                    (Catalog of Federal Domestic Assistance                   • OMB Control Number: 1405–XXXX.                    and to determine whether the
                                                    Number 59008)                                             • Type of Request: New Collection.                  transaction is in compliance with the
                                                                                                              • Originating Office: Directorate of                regulations (e.g. with respect to ITAR
                                                    Lisa Lopez-Suarez,                                      Defense Trade Controls, Bureau of                     § 126.1); assess the steps that need to be
                                                    Acting Associate Administrator for Disaster             Political Military Affairs, Department of             taken with respect to existing
                                                    Assistance.                                             State (T/PM/DDTC).                                    authorizations (e.g. transfers of
                                                    [FR Doc. 2016–26636 Filed 11–3–16; 8:45 am]               • Form Number: DS–7789.                             licenses); and to evaluate the
                                                    BILLING CODE 8025–01–P                                    • Respondents: Individuals and                      implications for US national security
                                                                                                            companies registered with DDTC and                    and foreign policy. This information
                                                                                                            engaged in the business of                            collection is estimated to take an
                                                    DEPARTMENT OF STATE                                     manufacturing, brokering, exporting, or               average of 2 hours to execute, and DDTC
                                                                                                            temporarily importing defense hardware                expects to receive approximately 1,700
                                                    [Public Notice: 9782]
                                                                                                            or defense technology data.                           responses per year; therefore, the total
                                                    30-Day Notice of Proposed Information                     • Estimated Number of Respondents:                  burden for this collection will be 3,400
                                                    Collection: Statement of Material                       1,700.                                                hours per year.
                                                    Change, Merger, Acquisition, or                           • Estimated Number of Responses:
                                                                                                            1,700.                                                Summary of Public Comments Received
                                                    Divestment of a Registered Party
                                                                                                              • Average Time per Response: 2                        On June 20, 2016, DDTC published a
                                                          Notice of request for public
                                                    ACTION:                                                 hours.                                                Federal Register Notice (81 FR 39992)
                                                    comment.                                                  • Total Estimated Burden Time: 3,400                soliciting public comments through
                                                                                                            hours.                                                August 19, 2016. DDTC received nine
                                                    SUMMARY:    The Department of State is                    • Frequency: On occasion.                           public comments during this period.
                                                    seeking Office of Management and                          • Obligation to Respond: Mandatory.                 One comment was not germane to the
                                                    Budget (OMB) approval for the                             We are soliciting public comments to
                                                                                                                                                                  proposed information collection. The
                                                    information collection described below.                 permit the Department to:
                                                                                                                                                                  remaining eight comments provided
                                                    In accordance with the Paperwork                          • Evaluate whether the proposed
                                                                                                                                                                  significant feedback on the form. These
                                                    Reduction Act of 1995, we are                           information collection is necessary for
                                                                                                                                                                  comments are summarized below:
                                                    requesting comments on this collection                  the proper functions of the Department.
                                                                                                              • Evaluate the accuracy of our                        One commenter remarked that the
                                                    from all interested individuals and
                                                                                                            estimate of the time and cost burden for              proposed 2-hour burden for the DS–
                                                    organizations. The purpose of this
                                                                                                            this proposed collection, including the               7789 is low and should be revised.
                                                    notice is to allow 30 days for public
                                                                                                            validity of the methodology and                       DDTC replies that the burden is an
                                                    comment preceding submission of the
                                                                                                            assumptions used.                                     average of all submissions using the DS–
                                                    collection to OMB.
                                                                                                              • Enhance the quality, utility, and                 7789, and while some responses will
                                                    DATES: The Department will accept                                                                             require a longer period based on the
                                                    comments from the public up to                          clarity of the information to be
                                                                                                            collected.                                            complexity of a transaction, many will
                                                    December 5, 2016.                                                                                             be far below the declared burden for the
                                                                                                              • Minimize the reporting burden on
                                                    ADDRESSES: Direct comments to the                                                                             form. Similarly, information previously
                                                                                                            those who are to respond, including the
                                                    Department of State Desk Officer in the                                                                       provided to the Directorate via the DS–
                                                                                                            use of automated collection techniques
                                                    Office of Information and Regulatory                                                                          2032, Statement of Registration, will
                                                                                                            or other forms of information
                                                    Affairs (OIRA) at the Office of                                                                               auto-populate into the DS–7789, saving
                                                                                                            technology.
                                                    Management and Budget (OMB). You                          Please note that comments submitted                 respondents the burden of re-keying
                                                    may submit comments by the following                    in response to this Notice are public                 their basic information multiple times.
                                                    methods:                                                record. Before including any detailed                 DDTC therefore believes that a 2-hour
                                                       • Email: oira_submission@                                                                                  burden is accurate for this form.
                                                                                                            personal information, you should be
                                                    omb.eop.gov. You must include the DS                                                                            Another comment centered on the
                                                                                                            aware that your comments as submitted,
                                                    form number, information collection                                                                           name of the form itself, ‘‘Statement of
                                                                                                            including your personal information,
                                                    title, and the OMB control number in                                                                          Material Change, Merger, Acquisition,
                                                                                                            will be available for public review.
                                                    the subject line of your message.                                                                             or Divestiture of a Registered Party.’’
                                                       • Fax: 202–395–5806. Attention: Desk                 Abstract of Proposed Collection                       The commenter was concerned that the
                                                    Officer for Department of State.                          The International Traffic in Arms                   term ‘‘material change’’ is inconsistent
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                       You must include the DS form                         Regulations (ITAR) §§ 122.4 and 129.8                 with current business usage and the use
                                                    number, information collection title,                   require registrants to notify the                     of this form could potentially affect the
                                                    and OMB control number in any                           Directorate of Defense Trade Controls of              market value of the submitting
                                                    correspondence.                                         the Department of State in the event of               company. While DDTC understands
                                                    FOR FURTHER INFORMATION CONTACT:                        a change in registration information, in              these concerns, the changes that require
                                                    Direct requests for additional                          the event a foreign person or entity                  notification, and are therefore ‘‘material
                                                    information regarding the collection                    acquires a registered entity, or if the               changes’’ for ITAR purposes, are defined
                                                    listed in this notice, including requests               registrant is a party to a merger,                    in the regulations (see ITAR § 122.4).


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                                                                                 Federal Register / Vol. 81, No. 214 / Friday, November 4, 2016 / Notices                                          76993

                                                    Therefore the title of the form will                       One commenter noted that DDTC has                  information about senior officers and
                                                    remain the same.                                        historically provided a limited period                board members on the 60-day
                                                       Multiple commenters opined that the                  for an acquired entity’s registration to              submission preceding a MAD event
                                                    form, currently formatted in four                       remain current after the date of the                  should be dispensed with since they
                                                    separate sheets, is difficult to follow.                transaction to allow for the shipment of              may not be the same once the event
                                                    DDTC notes that the form as currently                   unshipped balances on authorizations                  actually occurs; however, DDTC needs
                                                    written serves as a ‘‘placeholder’’ for a               which are transferring to the new or                  this information to evaluate the entirety
                                                    new case management system that is in                   acquiring entity, but that this practice is           of a transaction, and it will still be
                                                    development, and the focus throughout                   not reflected on the DS–7789. DDTC                    required.
                                                    the form’s creation has been to finalize                replies that this practice stemmed from                  Many commenters also remarked that
                                                    discrete data fields and workflows more                 paper-based reporting and was used to                 the ‘‘60-day Buyer’’ portion of the form
                                                    than format. The data fields on the form                allow companies to continue exporting                 should be removed as only registered
                                                    will be used to guide users through                     goods under approved licenses while                   parties are required to submit
                                                    questions based on their previous                       the authorizations were manually                      information to DDTC. DDTC notes that
                                                    responses; not all users will see all                   updated within DDTC. Because of the                   the requested information is about the
                                                    fields during each submission.                          automated nature of the DS–7789,                      buyer and not necessarily from the
                                                       Relatedly, many commenters noted                     authorizations will be transferred                    buyer. For this reason, DDTC is
                                                    that Block 1 of the form, currently                     rapidly from one entity to another and                providing registrants the ability to
                                                    named ‘‘Applicant Information,’’ should                 therefore the ‘‘grace period’’ will no                provide this information about the
                                                    be changed to ‘‘Registrant Information’’                longer be needed nor provided in the                  buyer or to have the buyer provide the
                                                    to avoid confusing nomenclature. DDTC                   ordinary course.                                      information directly. In practice,
                                                    notes that the title of this block is a field              Several commenters also opined that                registrants already provide buyer
                                                    designator only, as the word                            DDTC should convene an industry                       information in many divestitures (in
                                                    ‘‘Applicant’’ will be used throughout                   working group to beta test the new form               other words, the buyer provides the
                                                                                                            and system that is being developed. In                registrant with the requested
                                                    the case management system to collate
                                                                                                            fact, DDTC has already convened such                  information, which the registrant then
                                                    data fields for interoperability. The title
                                                                                                            a group, and all interested industry                  submits to DDTC). Allowing the buyer
                                                    of the field has no bearing on the role
                                                                                                            users are welcome to join by contacting               to submit the information to DDTC
                                                    of the submitter of the DS–7789 and is
                                                                                                            PM_DDTCProjectTeam@state.gov.                         directly allows the buyer to provide
                                                    not intended to imply that the submitter                   Many respondents provided feedback                 information that they may not otherwise
                                                    is ‘‘applying’’ to declare a material                   on the instructions for the DS–7789.                  wish to share with the registrant. The
                                                    change. Rather, this was done in order                  Most comments centered on requesting                  requested information is relevant to
                                                    for the electronic system to recognize                  more detailed guidance for specific                   DDTC’s analysis of the foreign policy
                                                    the information in this block as                        fields on the form. DDTC is pleased to                and national security implications of
                                                    duplicative of information that might be                provide additional guidance and revised               transactions and, in many cases, is what
                                                    contained elsewhere in the user’s                       instructions will be made available on                the acquiring company will ultimately
                                                    system profile.                                         the DDTC Web site (https://                           provide in a post-transaction DS–2032
                                                       DDTC believes that many of the                       www.pmddtc.state.gov) in conjunction                  (Statement of Registration) covering the
                                                    usability issues identified by the                      with the publication of this request for              acquired entity.
                                                    commenters will be resolved through                     public comment. For example, a                           Two comments also centered on the
                                                    the guided nature of the case                           commenter asked for clarification                     protection of information submitted via
                                                    management system. For instance, some                   regarding DDTC’s request for percent-                 the form’s proposed electronic interface.
                                                    comments noted that the .pdf version of                 ownership of outstanding voting                       DDTC’s IT security team is working on
                                                    the DS–7789 lacked functionality to add                 securities of the foreign buyer of a                  a secure web-based system to accept
                                                    additional supporting documentation                     registered entity. In response, DDTC                  proprietary data from industry users.
                                                    and that text fields did not expand to                  revised the instructions to clarify the               Recognizing the sensitivity of the data
                                                    accommodate easier editing. DDTC                        distinction between the 50% ownership,                submitted, the system will meet all
                                                    notes that the case management system                   as referenced in 22 CFR 122.2, and the                current government standards for data
                                                    will have fully functional ‘‘add’’                      presumption of control in 22 CFR                      security and the Privacy Act of 1974.
                                                    capability as well as unlimited-character               120.37 associated with 25% ownership.                 Similarly, DDTC will protect
                                                    text boxes which will allow for easy                    The percent-ownership question in the                 information from public disclosure to
                                                    editing of responses. To this point, some               DS–7789 facilitates DDTC’s national                   the extent permitted by law. DDTC
                                                    commenters also noted that uploading                    security and foreign policy evaluation                encourages submitters to clearly mark
                                                    information on each authorization                       which, as part of the transactional                   proprietary information in accordance
                                                    (licenses and agreements) that will                     review, includes an understanding of                  with the Department of State guidelines
                                                    transfer ownership through a merger,                    who has potential control of the foreign              at 22 CFR 171.12.
                                                    acquisition, or divestiture (‘‘MAD’’)                   buyer.
                                                    event is unduly burdensome and that                        DDTC also received several comments                Methodology
                                                    respondents should have the ability to                  related to the electronic signature                      This information will be collected by
                                                    upload documentation in lieu of keying                  requirement for the DS–7789. Numerous                 DDTC’s electronic case management
                                                    such information into the system. DDTC                  responses noted that the signature                    system and respondents will certify the
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    replies that the case management system                 requirement for a senior officer is                   data via electronic signature.
                                                    will automatically populate this field                  unduly burdensome for their executive-                Respondents will be required to enroll
                                                    from the registrant’s information; users                level managers; DDTC notes that the                   in DDTC’s online system and will be
                                                    will then have the ability to select                    requirement for a senior officer to sign              issued an appropriate credential based
                                                    which authorizations will transfer under                a notification of a change in registration            on the business the user will be
                                                    the proposed merger, acquisition, or                    information is enunciated in ITAR                     transacting. Lower assurance matters
                                                    divestiture instead of keying                           § 122.4. Similarly, one commenter                     (such as initial registration in the
                                                    information on each authorization.                      opined that the requirement to provide                system) will require a secure username


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                                                    76994                        Federal Register / Vol. 81, No. 214 / Friday, November 4, 2016 / Notices

                                                    and password. Matters requiring higher                     intergovernmental organizations,                   SUMMARY:   On October 7, 2016, National
                                                    assurance will require multi-factor                        relations with non-governmental                    Express LLC (National Express or
                                                    credentials, such as a certificate based                   organizations, World Maritime Day,                 Applicant), a noncarrier, filed an
                                                    login.                                                     Report of the Day of the Seafarer, and             application under 49 U.S.C. 14303 to
                                                      Dated: October 26, 2016.                                 IMO Maritime Ambassador Scheme)                    acquire control of Trinity, Inc. (Trinity),
                                                    Lisa Aguirre,
                                                                                                            —Report on the status of the convention               Trinity Cars, Inc. (Trinity Cars), and
                                                                                                               and membership of the Organization                 Trinity Student Delivery, LLC (Trinity
                                                    Managing Director, Directorate of Defense
                                                                                                            —Report on the status of conventions                  Student) (collectively, Acquisition
                                                    Trade Controls, Department of State.
                                                                                                               and other multilateral instruments in              Carriers). The Board is tentatively
                                                    [FR Doc. 2016–26715 Filed 11–3–16; 8:45 am]
                                                                                                               respect of which the Organization                  approving and authorizing the
                                                    BILLING CODE 4710–25–P
                                                                                                               performs functions                                 transaction, and, if no opposing
                                                                                                            —Place, date and duration of the next                 comments are timely filed, this notice
                                                                                                               two sessions of the Council and                    will be the final Board action. Persons
                                                    DEPARTMENT OF STATE                                                                                           wishing to oppose the application must
                                                                                                               substantive items for inclusion in the
                                                    [Public Notice: 9779]                                      provisional agendas for the next two               follow the rules at 49 CFR 1182.5 &
                                                                                                               sessions of Council (C 118 and C 119)              1182.8.
                                                    Notice of Public Meeting                                —Supplementary agenda items, if any                   DATES: Comments must be filed by
                                                       The Department of State will conduct                    Members of the public may attend                   December 19, 2016. Applicant may file
                                                    an open meeting at 9:00 a.m. on                         this meeting up to the seating capacity               a reply by January 3, 2017. If no
                                                    November 9, 2016, in Room 5L18–01 of                    of the room. To facilitate the building               opposing comments are filed by
                                                    the Douglas A. Munro Coast Guard                        security process, and to request                      December 19, 2016, this notice shall be
                                                    Headquarters Building at St. Elizabeth’s,               reasonable accommodation, those who                   effective on December 20, 2016.
                                                    2703 Martin Luther King Jr. Avenue SE.,                 plan to attend should contact the                     ADDRESSES: Send an original and 10
                                                    Washington, DC 20593. The primary                       meeting coordinator, LCDR Tiffany                     copies of any comments referring to
                                                    purpose of the meeting is to prepare for                Duffy, by email at Tiffany.A.Duffy@                   Docket No. MCF 21073 to: Surface
                                                    the one hundred and seventeenth                         uscg.mil, by phone at (202) 372–1362,                 Transportation Board, 395 E Street SW.,
                                                    session of the International Maritime                   by fax at (202) 372–1925, or in writing               Washington, DC 20423–0001. In
                                                    Organization’s (IMO) Council to be held                 at 2703 Martin Luther King Jr. Ave. SE.,              addition, send one copy of comments to
                                                    at the IMO Headquarters, United                         Stop 7509, Washington, DC 20593–7509                  Applicant’s representative: Andrew K.
                                                    Kingdom, December 5–9, 2016.                            not later than November 2, 2016.                      Light, Scopelitis, Garvin, Light, Hanson
                                                       The agenda items to be considered                    Requests made after November 2, 2016                  & Feary, P.C., 10 W. Market Street, Suite
                                                    include:                                                might not be able to be accommodated.                 1500, Indianapolis, IN 46204.
                                                    —Adoption of the agenda                                    Please note that due to security                   FOR FURTHER INFORMATION CONTACT:
                                                    —Report of the Secretary-General on                     considerations, two valid, government                 Jonathon Binet (202) 245–0368. Federal
                                                       credentials                                          issued photo identifications must be                  Information Relay Service (FIRS) for the
                                                    —Rules of Procedure of the Council                      presented to gain entrance to Coast                   hearing impaired: 1–800–877–8339.
                                                    —Strategy, planning and reform                          Guard Headquarters. It is recommended                 SUPPLEMENTARY INFORMATION: Applicant,
                                                    —Resource management (Human                             that attendees arrive to Coast Guard                  a noncarrier, states that it is a holding
                                                       resource matters, report on                          Headquarters no later than 30 minutes                 company organized under the laws of
                                                       investments, budget considerations                   ahead of the scheduled meeting for the                the state of Delaware that is indirectly
                                                       for 2016–2017, Results-based budget:                 security screening process. Coast Guard               controlled by a British corporation,
                                                       Outline of budgetary implications for                Headquarters is accessible by taxi and                National Express Group, PLC (Express
                                                       2018–2019)                                           public transportation. Parking in the                 Group). Applicant states that Express
                                                    —IMO Member State Audit Scheme                          vicinity of the building is extremely                 Group indirectly controls the following
                                                    —Consideration of the report to the                     limited. Additional information                       passenger motor carriers (collectively,
                                                       Marine Environmental Protection                      regarding this and other IMO public                   National Express Affiliated Carriers):
                                                    —Consideration of the report of the                     meetings may be found at:                             Beck Bus Transportation Corp. (Beck);
                                                       Technical Cooperation Committee                      www.uscg.mil/imo.                                     Carrier Management Corporation (CMI);
                                                    —Technical Cooperation Fund: Report                       Dated: October 21, 2016.                            Diamond Transportation Services, Inc.
                                                       on activities of the 2015 programme                  Jonathan W. Burby,                                    (Diamond); Durham School Services,
                                                    —IMO International Maritime Law                                                                               L.P. (Durham); MV Student
                                                                                                            Coast Guard Liaison Officer, Office of Ocean
                                                       Institute                                            and Polar Affairs, Department of State.               Transportation, Inc. (MV); National
                                                    —Report on the 38th Consultative                                                                              Express Transit Corporation (NETC);
                                                                                                            [FR Doc. 2016–26716 Filed 11–3–16; 8:45 am]
                                                       Meeting of Contracting Parties to the                                                                      National Express Transit Services
                                                                                                            BILLING CODE 4710–09–P
                                                       London Convention 1972 and the                                                                             Corporation (NETSC); Petermann Ltd.
                                                       11th Meeting of Contracting Parties to                                                                     (LTD); Petermann Northeast LLC
                                                       the 1996 Protocol to the London                                                                            (Northeast); Petermann Northwest LLC
                                                       Convention                                           SURFACE TRANSPORTATION BOARD                          (Northwest); Petermann Southwest LLC
                                                    —Protection of vital shipping lanes                                                                           (Southwest); Petermann STSA, LLC
                                                    —Periodic review of administrative                      [Docket No. MCF 21073]                                (STSA); The Provider Enterprises, Inc.
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                       requirements in mandatory IMO                                                                              (Provider); Rainbow Management
                                                       instruments                                          National Express LLC—Acquisition of                   Service Inc. (Rainbow); Robertson
                                                    —Principles to be considered in the                     Control—Trinity, Inc., Trinity Cars, Inc.,            Transit, Inc. (Robertson); Safeway
                                                       review of existing requirements and                  and Trinity Student Delivery, LLC                     Training and Transportation Services
                                                       the development of new requirements                  AGENCY: Surface Transportation Board.                 Inc. (Safeway); Septran, Inc. (Septran);
                                                    —External relations (With the U.N. and                                                                        Smith Bus Service, Inc. (Smith);
                                                                                                            ACTION:Notice tentatively approving
                                                       the specialized agencies, Joint                                                                            Suburban Paratransit Service, Inc.
                                                                                                            and authorizing finance transaction.
                                                       Inspection Unit, relations with                                                                            (Suburban Paratransit); Trans Express,


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Document Created: 2018-02-14 08:26:23
Document Modified: 2018-02-14 08:26:23
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 December 5, 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--Management Analyst, who may be reached at [email protected]
FR Citation81 FR 76992 

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