04-5733. Safe Harbor Guidance

ACTION:

Notice and request for comments.

SUMMARY:

The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).

DATES:

Written comments must be submitted on or before May 14, 2004.

ADDRESSES:

Direct all written comments to Diana Hynek, Departmental Paperwork Clearance Officer, Office of the Chief Information Officer, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230.

FOR FURTHER INFORMATION CONTACT:

Requests for additional information or copies of the information collection instrument(s) and instructions should be directed to Stephen Baker, BIS ICB Liaison, Office of Planning, Evaluation and Management, Department of Commerce, Room 6622, 14th & Constitution Ave., NW., room 6877, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

I. Abstract

The information is needed to enable the Department to confirm whether an exporter has resolved red flags surrounding their export transaction, thus qualifying for a safe harbor and avoiding prosecution. The information report is not mandatory. Exporters can qualify for this safe harbor on their own by taking certain steps outlined in the Export Administration Regulations. It is hoped that by offering exporters this option, it will provide additional security to exporters in those cases where they want confirmation that the Department agrees that all red flags have been resolved.

II. Method of Collection

Written submission.

III. Data

OMB Number: None.

Form Number: None.

Type of Review: New collection.

Affected Public: Individuals, businesses or other for-profit and not-for-profit institutions.

Estimated Number of Respondents: 100.

Estimated Time Per Response: 1 to 4 hours per response.

Estimated Total Annual Burden Hours: 160 hours.

Estimated Total Annual Cost: $8,200.

IV. Request for Comments

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

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

Dated: March 9, 2004.

Madeleine Clayton,

Management Analyst, Office of the Chief Information Officer.