[Federal Register Volume 82, Number 101 (Friday, May 26, 2017)]
[Notices]
[Pages 24425-24427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10949]


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DEPARTMENT OF STATE

[Public Notice: 10002]


30-Day Notice of Proposed Information Collection: Request for 
Advisory Opinion

ACTION: Notice of request for public comment and submission to OMB of 
proposed collection of information.

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SUMMARY: The Department of State has submitted the information 
collection described below to the Office of Management and Budget (OMB) 
for approval. We are requesting comments on this collection from all 
interested individuals and organizations in accordance with the 
Paperwork Reduction Act of 1995. The purpose of this Notice is to allow 
30 days for public comment.

DATES: Submit comments directly to the Office of Management and Budget 
(OMB) up to June 26, 2017.

ADDRESSES: Send comments to the Department of State desk officer in the 
Office of Information and Regulatory Affairs at the Office of 
Management and Budget (OMB). You may submit comments by the following 
methods:
     Email: [email protected]. You must include the 
DS form number (DS-7786), information collection title (Request for 
Advisory Opinion), and the OMB control number (1405-0174) in the 
subject line of your message.
     Fax: 202-395-5806. Attention: Desk Officer for Department 
of State.

FOR FURTHER INFORMATION CONTACT: Please visit DDTC's Web site 
(www.pmddtc.state.gov/FRN.html) to view a copy of the proposed form and 
instructions. Contact Danielle Canfield at [email protected] for 
further

[[Page 24426]]

information regarding this notice or if you are unable to access the 
proposed form and instructions on the DDTC internet site.

SUPPLEMENTARY INFORMATION:
     Title of information collection: Request for Advisory 
Opinion.
     OMB control number: 1405-0174.
     Type of request: Revision of a Currently Approved 
Collection.
     Originating office: T/PM/DDTC.
     Form number: DS-7786.
     Respondents: Individuals and companies engaged in the 
business of manufacturing, brokering, exporting or temporarily 
importing defense articles or defense services.
     Estimated number of respondents: 250.
     Estimated number of responses: 250.
     Average time per response: 2 hours.
     Total estimated burden time: 500 hours.
     Frequency: On occasion.
     Obligation to respond: Voluntary.
    We are soliciting public comments to permit the Department to:

     Evaluate whether the proposed information collection is 
necessary for the proper functions of the Department.
     Evaluate the accuracy of our estimate of the time and cost 
burden for this proposed collection, including the validity of the 
methodology and assumptions used.
     Enhance the quality, utility, and clarity of the 
information to be collected.
     Minimize the reporting burden on those who are to respond, 
including the use of automated collection techniques or other forms of 
information technology.

Please note that comments submitted in response to this Notice are 
public record. Before including any detailed personal information, you 
should be aware that your comments as submitted, including your 
personal information, will be available for public review.

Abstract of Proposed Collection

    The Directorate of Defense Trade Controls (DDTC), located in the 
Political-Military Affairs Bureau of the Department of State, has the 
principal mission of licensing the export, temporary import, and 
brokering of defense articles or defense services as enumerated in the 
United States Munitions List (USML), and to ensure that the sale, 
transfer, or brokering of such items are in the interest of United 
States national security and foreign policy.
    Sections 126.9 (Advisory opinions and related authorizations) and 
129.9 (Guidance) of the International Traffic in Arms Regulations 
(ITAR, 22 CFR parts 120-130) may be used by entities and individuals 
involved in the manufacture, export, temporary import, and brokering, 
of defense articles and defense services to request an advisory opinion 
as to whether DDTC would be likely to grant a license or other approval 
for the export of a particular defense article or defense service to a 
particular country (126.9(a)); for an interpretation of regulatory 
requirements (126.9(c)); whether certain activity constitutes brokering 
under the ITAR (129.9(a)); or for other guidance pertaining to 
brokering (129.9(c)). DDTC has recently acquired an electronic case 
management system to update its business processes and how it receives 
and handles information from industry. This system, once deployed, will 
allow users to electronically submit requests for advisory opinions to 
DDTC; users will be able to retrieve responses using the same system. 
DDTC staff members have defined the data fields which are most relevant 
and necessary for requests for advisory opinions and developed the 
means to accept this information from the industry in a secure system. 
The revision of this information collection is meant to conform the 
current OMB-approved data collection to DDTC's new case management 
system. DDTC is, therefore, requesting industry comments on the new 
advisory opinion form, which will be mirrored in the case management 
system, once deployed. A copy of the draft form may be requested from 
DDTC using the contact information in the FOR FURTHER INFORMATION 
CONTACT section above. A copy of the draft form will also be placed for 
review on the DDTC Web site (www.pmddtc.state.gov).

Response to Public Comments

    The Department published a notice in the Federal Register on 
September 16, 2016 (81 FR 63840) soliciting public comment on this 
information collection. Two responses were received.
    One commenter expressed concern that the drop down lists in blocks 
one, two, and three did not include a comprehensive selection of 
countries. Similarly, both commenters identified that there were only a 
few countries listed in the nationality field in block three of the 
form. When creating form DS-7786, DDTC included only a representative 
sample of countries. This sample was meant to provide the form's ``look 
and feel.'' Form DS-7786, which has since been finalized, now displays 
an exhaustive list of countries and territories.
    One commenter suggested that DDTC include ITAR Sec.  126.9(c) in 
block three as an option for which advisory opinions may be requested. 
This comment came in response to a final rule published on August 17, 
2016, (81 FR 54732) which added Sec.  126.9(c). This new section allows 
respondents to request an interpretation of the ITAR in the form of an 
advisory opinion. DDTC agrees with this suggestion; the form has been 
updated accordingly.
    It was also identified that the sub-category field in block three 
did not allow for respondents to enter or select information. This 
field is now functional; however, what is shown is not an accurate or a 
complete list of what will populate in the final product. This proposed 
form is a static form that is meant to illustrate what information will 
be collected in the new case management system. Once deployed in the 
case management system, the sub-category field of the DS-7786 will 
include a comprehensive list of sub-categories.
    In block four of the form, one commenter suggested including an 
option for ``Letter of Explanation'' to give respondents a means of 
providing descriptive information concerning their request. While this 
change has not been incorporated, DDTC notes that there are two 
unlimited text fields, describing details and end-use, which allow 
respondents to describe their request in detail. Respondents are 
encouraged to utilize both fields, as appropriate, to submit detailed, 
factual discussions regarding their request. Respondents who submit 
requests without context risk requesting broad statements of agency 
policy, which may be outside the scope of this collection.
    One commenter suggested amending the ``Disclosures'' portion of the 
Privacy Act Statement by adding the words ``or approval'' to the third 
sentence in order to be more consistent with ITAR Sec.  120.1(c)(1). 
The proposed amendment would read: ``The requested information may be 
used to make advisory opinions from the Directorate of Defense Trade 
Controls as to whether a license or other approval for the export or 
approval of a particular defense article or defense service to a 
particular country would be granted.'' DDTC believes the current 
language is sufficient to satisfy the commenter's concern; thus, the 
disclosure statement was not changed.
    Lastly, DDTC received questions from the commenters regarding use 
of the form by foreign persons and for matters of general 
correspondence. DDTC would like to clarify that foreign persons are 
able to use this form to request advisory opinions. This form, however, 
is limited

[[Page 24427]]

in scope and cannot be used for matters of general correspondence not 
covered under ITAR Sec.  126.9(a), Sec.  126.9(c), and Sec.  129.9. 
DDTC noted this in the form's instructions, as requested.

Methodology

    This information will be collected by electronic submission to the 
Directorate of Defense Trade Controls.

    Dated: May 22, 2017.
Anthony M. Dearth,
Managing Director, Acting Directorate of Defense Trade Controls, 
Department of State.
[FR Doc. 2017-10949 Filed 5-25-17; 8:45 am]
 BILLING CODE 4710-25-P