[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