Request for Commodity Jurisdiction (CJ)/U.S. Munitions List (USML) Determination

Forms and Documents

Document Name	Status
Form DS-4076 Request for Commodity Jurisdiction (CJ)/U.S. Munitions List (USML) Determination Form and Instruction	Modified
DS4076-Edits.pdf Supplementary Document	2009-08-07
Justification DS-4076.doc Supplementary Document	2009-08-03
DS4076-Final.pdf Supplementary Document	2009-08-03
Supporting S. Emergency.doc Supporting Statement A	2009-08-03

IC Document Collections

IC ID	Document Title	Status
15055	Request for Commodity Jurisdiction (CJ)/U.S. Munitions List (USML) Determination Form and Instruction	Modified

ICR Details

OMB Control No: 1405-0163	ICR Reference No: 200908-1405-001
Status: Historical Active	Previous ICR Reference No: 200903-1405-001
Agency/Subagency: STATE/AFA	Agency Tracking No:
Title: Request for Commodity Jurisdiction (CJ)/U.S. Munitions List (USML) Determination
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 09/04/2009
OIRA Conclusion Action: Approved with change	Conclusion Date: 08/24/2009
	Date Received in OIRA: 08/03/2009
Terms of Clearance: The Department of State should be aware that this entire collection must be resubmitted to OMB within six months of the approval of this collection. The 4/30/2011 expiration date is no longer valid.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/28/2010	6 Months From Approved	04/30/2011
Responses	425	0	425
Time Burden (Hours)	4,650	0	4,650
Cost Burden (Dollars)	0	0	0

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Abstract: To evaluate information to determine whether defense article or defense service is covered by the U.S. Munitions List under the International Traffic in Arms Regulations.

Emergency Justfication: PM/DDTC is unable to submit Form DS-4076 through the regular OMB review process because the Department of State needs to expeditiously obtain Commodity Jurisdiction Determination requests submitted electronically. Currently, this information collection is submitted via a letter exchange using the postal service and its OMB expiration date is 04/30/2011. This collection of information is submitted when the exporter needs a Department of State determination whether or not a defense article is covered by the U.S. Munitions List under the International Traffic in Arms Regulations. After receiving the Department’s determination, the exporter will know which agency regulates the export and which regulations to follow. The OMB review process was not begun in time for regular processing because the electronic DS-4076 had not completed design before the recent approval of the information collection. With this change we will be in compliance with the Notice of Action terms of clearance that "At time of next submission, DOS/AFA to demonstrate progress toward implementing the means for electronic submission of Form DS-4076....". If the regular OMB review process was used for the electronic version, it would add about four months before respondents could start to submit this information electronically. The mission critical need for this emergency review is because the National Security Council has made electronic submission of the Commodity Jurisdiction information collection a priority; electronic submission of this information collection will significantly shorten the time of the commodity jurisdiction determination review process. There are no changes to or differences between the paper DS-4076 and the electronic DS-4076.

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Authorizing Statute(s): US Code: 22 USC 2778-2780 Name of Law: Arms Export Control Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	74 FR 11	01/16/2009
30-day Notice:	Federal Register Citation:	Citation Date:
	74 FR 54	03/23/2009
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Request for Commodity Jurisdiction (CJ)/U.S. Munitions List (USML) Determination	DS-4076, DS-4076	REQUEST FOR COMMODITY JURISDICTION (CJ)/U.S. ,   Electronic Version - REQUEST FOR COMMODITY JURISDICTION (CJ)/U.S.

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	425	425	0	0	0	0
Annual Time Burden (Hours)	4,650	4,650	0	0	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement:

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Annual Cost to Federal Government: $68,000

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 08/03/2009

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