[Federal Register Volume 63, Number 222 (Wednesday, November 18, 1998)]
[Notices]
[Pages 64037-64038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30780]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE


Submission for OMB Review; Comment Request

    DOC has submitted to the Office of Management and Budget (OMB) for 
clearance the following proposal for collection of information under 
the provisions of the Paperwork Reduction Act of 1995, Pub. L. 104-13.
    Bureau: International Trade Administration.
    Title: Application for an Export Trade Certificate of Review.
    Agency Form Number: ITA-4093P.
    OMB Number: 0625-0125.
    Type of Request: Regular Submission.
    Burden: 960 hours.
    Number of Respondents: 30.
    Avg. Hours Per Response: 32 hours.
    Needs and Uses: 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 an Export 
Trade Certificates of Review (antitrust preclearance for joint export 
related activities), 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 and Justice conduct economic 
and legal antitrust analyses prior to the issuance of a certificate. 
The collection of information is necessary to conduct the required 
economic and legal antitrust analyses. Without the information, there 
could be no basis upon which a certificate could be issued.
    In the Department of Commerce, the economic and legal analyses are 
performed by the Office of Export Trading Company Affairs and the 
Office of the General Counsel, respectively. The Department of Justice 
analyses will be conducted by its Antitrust Division. The purpose of 
such analyses is to make a determination as to whether or not to issue 
an Export Trade Certificate of Review.
    A certificate provides its holder and the 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 from treble 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. Application 
for an export trade certificate of review is voluntary.
    Affected Public: Businesses or other for-profit, not-for-profit 
institutions, state, local or tribal Government.
    Frequency: On Occasion.
    Respondent's Obligation: Required to obtain or retain a benefit, 
voluntary.
    OMB Desk Officer: David Rostker, (202) 395-7340.
    Copies of the above information collection proposal can be obtained 
by calling or writing Linda Engelmeier, Departmental Forms Clearance 
Officer, (202) 482-3272, Department of Commerce, Room 5327, 14th and 
Constitution, NW, Washington, DC 20230.

[[Page 64038]]

    Written comments and recommendations for the proposed information 
collection should be sent to David Rostker, OMB Desk Officer, Room 
10202, New Executive Office Building, Washington, DC 20503 within 30 
days of the publication of this notice.

    Dated: November 12, 1998.
Linda Engelmeier,
Departmental Forms Clearance Officer, Office of the Chief Information 
Officer.
[FR Doc. 98-30780 Filed 11-17-98; 8:45 am]
BILLING CODE 3510-DR-P