Large Civil Aircraft Dispute Portal

Forms and Documents

Document Name	Status
Form LCA 1 Large Civil Aircraft Dispute (LCA) Form Form and Instruction	New
LCA Form mock-up 6-20.jpg Supplementary Document	2020-06-11
LCA Portal emergency processing FRN.pdf Supplementary Document	2020-05-22
LCA Portal supporting statement rev 6-20.pdf Supporting Statement A	2020-06-11

IC Document Collections

IC ID	Document Title	Status
241952	Large Civil Aircraft Dispute (LCA) Form Form and Instruction	New

ICR Details

OMB Control No: 0350-0016	ICR Reference No: 202005-0350-001
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: TRADEREP	Agency Tracking No:
Title: Large Civil Aircraft Dispute Portal
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  Yes
Type of Review Request: Emergency	Approval Requested By: 06/15/2020
OIRA Conclusion Action: Approved with change	Conclusion Date: 06/11/2020
	Date Received in OIRA: 05/22/2020
Terms of Clearance: USTR amended the supporting statement and online portal to account for public comments.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2020	6 Months From Approved
Responses	50,000	0	0
Time Burden (Hours)	100,000	0	0
Cost Burden (Dollars)	10,000,000	0	0

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Abstract: Following an investigation, and nearly 15 years of litigation, the U.S. Trade Representative determined that the European Union (EU) and certain member States or former member States denied U.S. rights under the World Trade Organization (WTO) Agreement and failed to implement WTO Dispute Settlement Body recommendations concerning certain subsidies to the EU large civil aircraft industry. Pursuant to the Trade Act, the U.S. Trade Representative determined to take action in the form of additional duties on products of certain EU member States. Periodic review of this action is required. To assist in timely and comprehensive review and public availability of comments in response to notices of periodic revisions, USTR is establishing the Large Civil Aircraft Dispute Portal and requiring use of the LCA Form.

Emergency Justfication: USTR is requesting emergency processing for this ICR because it cannot reasonably comply with normal clearance procedures. USTR carefully evaluated the cost and complexity of establishing its own portal to receive and evaluate public comments based on the level of public interest in response to the first revision notice, the difficulties in processing the comments using Regulations.gov, and USTR’s experience in handling a large volume of public input in connection with the Section 301 Portal. USTR made the determination to move forward with the Large Civil Aircraft Dispute Portal as quickly as possible in advance of the expected next revision round. To meet the statutory schedule for revisions, USTR must open the Large Civil Aircraft Dispute Portal on or about June 23, 2020. Upon OMB approval of this emergency clearance request, USTR will follow the normal clearance procedures for the ICR.

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Authorizing Statute(s): US Code: 19 USC 2416 Name of Law: Trade Act of 1974
  

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

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
Large Civil Aircraft Dispute (LCA) Form	LCA 1	Large Civil Aircraft Dispute (LCA) Form

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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	50,000	0	0	50,000	0	0
Annual Time Burden (Hours)	100,000	0	0	100,000	0	0
Annual Cost Burden (Dollars)	10,000,000	0	0	10,000,000	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

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

Burden Reduction Due to:

Short Statement: USTR has transitioned its collection of public comments from the public docket on Regulations.gov to a purpose built electronic portal available through USTR’s website. Among other improvements to the public comment process, the electronic portal facilitates the collection of comments, enhances USTR’s ability to view/organize data, and allows the public to more easily search/view public submissions.

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Annual Cost to Federal Government: $2,500,000

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

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

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  Yes

Description/Changes for Common Form Usage:  The U.S. Trade Representative announced the beginning of the 120-day review of the action on December 12, 2019. See 84 FR 67992 (December 12 notice). The December 12 notice specifically requested public comments on: • whether the U.S. Trade Representative should remove products of specific EU member States from the list of products subject to additional duties or should remain on the list. • if a product remains on the list, whether the U.S. Trade Representative increase the current rate of additional duty to as high as 100 percent. • whether the U.S. Trade Representative should add additional EU products to the list. USTR received nearly 26,000 comments in response to the December 12 notice. The U.S. Trade Representative announced certain revisions to the action being taken in the investigation on February 14, 2020. See 85 FR 10204 (February 21, 2020), and 85 FR 14517 (March 12, 2020). Unless certain statutory conditions are met, the next 180-day revision is required on or about August 12, 2020. USTR anticipates receiving at least as many public comments as it received in response to the 120-day review. To facilitate review, USTR will require use of the LCA Form.

Approved RCFs using this ICR

Agency/Sub Agency	RCF ID	RCF Title	RCF Status	IC Title

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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: 05/22/2020

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