[Federal Register Volume 63, Number 90 (Monday, May 11, 1998)]
[Notices]
[Pages 25816-25817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12419]
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DEPARTMENT OF COMMERCE
International Trade Administration
Proposed Collection; Comment Request
TITLE: Application for an Export Trade Certificate of Review.
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 the
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 July 10, 1998.
ADDRESSES: Direct all written comments to Linda Engelmeier,
Departmental Forms Clearance Officer, Department of Commerce, Room
5327, 14th and Constitution Avenue, NW, Washington, DC 20230. Phone
number: (202) 482-3272.
FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the information collection instrument and instructions should
be directed to: Mary Michael, Office of Export Trading Company Affairs,
Service Industries and Finance, Room 1800, 14th and Constitution Ave,
NW, Washington, DC 20230; phone: (202) 482-5131, and fax: (202) 482-
1790.
SUPPLEMENTARY INFORMATION:
I. Abstract
Title III of the Export Trading Company Act of 1982 (Pub. L. 97-
290, 96 Stat. 1233-1247), requires the Department of Commerce to
establish a program to evaluate applications for
[[Page 25817]]
Export Trade Certificates of Review, and with the concurrence of the
Department of Justice, issue such certificates where the requirements
of the Act are satisfied. The Act requires that Commerce, with Justice
concurrence, issue regulations governing the evaluation and issuance of
certificates before Commerce can accept applications for certification.
The collection of information is necessary for the antitrust analysis
which is a prerequisite to issuance of a certificate. Without the
information there would be no basis upon which a certificate could be
issued.
In the Department of Commerce, this economic and legal analysis
will be performed by the Office of Export Trading Company Affairs and
the Office of the General Counsel. The Department of Justice analysis
will be conducted by the Antitrust Division. The purpose of such
analysis is to make a determination as to whether or not to approve an
application and issue an Export Trade Certificate of Review. If this
information is not collected, the antitrust analysis cannot be
performed and without that analysis no certificate can be issued. A
certificate provides its holder and members named in the certificate
(a) immunity from government actions under state and Federal antitrust
laws for the export conduct specified in the certificate; (b) some
protection from frivolous private suits by limiting their liability in
private actions to actual damages when the challenged activities are
covered by an Export Certificate of Review. Title III was enacted to
reduce uncertainty regarding application of U.S. antitrust laws to
export activities-- especially those involving actions by domestic
competitors.
II. Method of Collection
Form ITA-4093P is sent by request to U.S. firms.
III. Data
OMB Number: 0625-0125.
Form Number: ITA-4093P.
Type of Review: Revision-Regular Submission.
Affected Public: Business or other for-profit; not-for-profit
institutions and State, local or Tribal Government.
Estimated Number of Respondents: 30.
Estimated Time Per Response: 32 hours.
Estimated Total Annual Burden Hours: 960.
Estimated Total Annual Costs: The estimated annual cost for this
collection is $344,400 ($260,000 government and $134,400 respondents).
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 costs) 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 forms of information technology.
Comments submitted in response to this notice will be summarized
and/or included in the request for OMB approval of this information
collection; they also will become a matter of public record.
Dated: May 5, 1998.
Linda Engelmeier,
Departmental Forms Clearance Officer, Office of Management and
Organization.
[FR Doc. 98-12419 Filed 5-8-98; 8:45 am]
BILLING CODE 3510-DR-P
