SUPPLEMENTARY INFORMATION:

Explain the circumstances that make the collection of information necessary.

The collection of information is necessary to support the National Intellectual Property Rights Coordination Center's mission to combat counterfeiting, piracy, and related intellectual property crimes. The IPR Center, led by U.S. Immigration and Customs Enforcement, Homeland Security Investigations, serves as the U.S. Government's clearinghouse for investigative and enforcement efforts involving intellectual property rights violations that may affect public health and safety, the U.S. economy, and national security interests.

The “Allegation of Counterfeiting and Piracy” electronic form provides a mechanism for members of the public, industry, trade associations, law ( printed page 66867) enforcement, and government agencies to report suspected intellectual property violations and submit investigative leads. Information collected through the form is reviewed by HSI officials at the IPR Center and may be shared, as appropriate, with IPR Center partner agencies for investigative response, deconfliction, and tactical use.

This collection enables law enforcement and regulatory agencies to identify suspected perpetrators, assess allegations involving counterfeiting, piracy, and commercial trade fraud, and coordinate enforcement activities more efficiently. It also helps reduce duplicative federal investigative efforts, improve interagency communication, and support protection of the public and affected industries.

The collection is authorized under HSI's enforcement authorities, including 19 U.S.C. 1589a and 1509, and DHS's records management authority under 44 U.S.C. 3101. Information collected may also be subject to applicable privacy, trade secret, and confidential commercial information protections, including the Privacy Act of 1974, 5 U.S.C. 552a; 18 U.S.C. 1905; and 19 CFR 103.35.

Indicate how, by whom, and for what purpose the information is to be used.

The information is collected from members of the public (including industry right-holders and trade associations), as well as federal, state, local and tribal law enforcement, and government agencies. Such information is provided on a voluntary basis and through the use of an electronic form accessible via clicking the “Report IP Theft” button located on multiple websites, including the WWW.IPRCENTER.GOV website. Once completed, the Form is electronically transmitted to the IPR Center for review, analysis and deconfliction among the IPR Center partner agencies, as appropriate. If the submitted form contains information relevant to entities outside of the IPR Center, the information is provided to the applicable agency for review and action, as appropriate and in accordance with any applicable laws, regulations, directives, policies, or procedures applicable to information sharing.

Both IPR Center partners and non-partners who receive information from the Form query their respective databases, analyze the results, and respond to the IPR Center as to whether they have a potential matching record to deconflict and/or jurisdictional interest in the matter.

Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection.

The Form is used as part of an automated allegation and deconfliction program. The Form is completed and submitted electronically. In addition to permitting IPR Center partners to review potential leads involving IP infringement, the Form reduces and minimizes any burden to members of the public and is part of an automated referral process to the IPR Center.

If the collection of information impacts small businesses or other small entities.

The use of the Form does not have a significant economic impact on small businesses or other small entities. The Form is used as part of an automated allegation and deconfliction program and is completed and submitted electronically as part of the IPR Center's automated program.

Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

If the information is not collected, HSI's ability to provide a comprehensive and coordinated response to intellectual property rights crimes would be severely limited.

Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy.

The SharePoint site may contain the Sensitive Personally Identifiable Information (SPII) of complainants, victims, witnesses, and alleged violators; as well as the Personally Identifiable Information (PII) of ICE personnel who may access the site, as appropriate. The SharePoint site will comport with the requirements for SharePoint as established by the ICE Office of Chief Information Officer (OCIO). This collection of information will be covered by the National Intellectual Property Rights Coordination Center Privacy Impact Assessment and the existing DHS/ICE-009 External Investigations System of Records Notice.

Explain the reasons for any program changes or adjustments reporting in Items 13 or 14 of the OMB Form 83-I.

There has been an update in the number of collections expected for OMB Form 83-I. The increase in collections has led to an overall increase in burden costs.

The Office of Management and Budget is particularly interested in comments which:

1. Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

2. Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

3. Enhance the quality, utility, and clarity of the information to be collected; and

4. Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses.

Analysis

Agency: U.S. Immigration and Customs Enforcement, Department of Homeland Security.

Title: Allegation of Counterfeiting and Intellectual Policy.

OMB Number: 1653-0053.

Frequency: Responses are submitted voluntarily and on occasion, whenever a respondent has information to report.

Affected Public: Members of the public, including individual victims and witnesses; industry right-holders; trade associations; public and private sector organizations; and federal, state, local, tribal, and other government or law enforcement agencies.

Number of Respondents: ICE estimates a total of 23,318 responses.

Estimated Time per Respondent: ICE estimates 5 minutes per response.

Total Burden Hours: 1,865 annual burden hours.

91 FR 66866