Presidential Proclamation Relating to the Regulation of the Anchorage and Movement of Russian-Affiliated Vessels to U.S. Ports

Forms and Documents

Document Name	Status
Emergency Clearance Memo - DOE Requirements under Presidential Proclamation 10371_final.docx Supplementary Document	2022-04-27
Encl. Presidential Proclamation 10371.pdf Supplementary Document	2022-04-27
Supporting Statement A - DOE Requirements under Presidential Proclamation 10371_final.docx Supporting Statement A	2022-04-27

IC Document Collections

IC ID	Document Title	Status
253112	Presidential Proclamation Other-FRN	New

ICR Details

OMB Control No: 1910-5195	ICR Reference No: 202204-1910-001
Status: Active	Previous ICR Reference No:
Agency/Subagency: DOE/DOEOA	Agency Tracking No: Andrew Lyman
Title: Presidential Proclamation Relating to the Regulation of the Anchorage and Movement of Russian-Affiliated Vessels to U.S. Ports
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 04/28/2022
OIRA Conclusion Action: Approved with change	Conclusion Date: 04/27/2022
	Date Received in OIRA: 04/27/2022
Terms of Clearance: In accordance with 5 CFR 1320.13, this information collection is approved for 180 days as an emergency clearance to meet the requirements of Proclamation 10371. If the Agency decides to continue use of the collection past the approved emergency clearance time period, it must resubmit an ICR to OMB under the normal PRA clearance process, including publication of 30- and 60-day Federal Register notices. The agency should solicit and incorporate comments regarding the estimated burden of this collection.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2022	6 Months From Approved
Responses	20	0	0
Time Burden (Hours)	40	0	0
Cost Burden (Dollars)	2,580	0	0

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Abstract: On April 21, 2022, President Biden signed Proclamation 10371, 87 FR 24265, which states, in part: “The policies and actions of the Government of the Russian Federation to continue the premeditated, unjustified, unprovoked, and brutal war against Ukraine constitute a national emergency by reason of a disturbance or threatened disturbance of international relations of the United States. …” Section 1 of the Proclamation “prohibit[s] Russian-affiliated vessels from entering into United States ports”. Section 2 of the Proclamation lists exemptions to Section 1, including: “to Russian-affiliated vessels used in the transport of source material, special nuclear material, and nuclear byproduct material for which, and for such time as, the Secretary of Energy, in consultation with the Secretary of State and the Secretary of Commerce, determines that no viable source of supply is available that would not require transport by Russian-affiliated vessels; …” The Proclamation will become effective on Thursday, April 28, 2022, and will be immediately transmitted to the Congress and published in the Federal Register. As such, beginning April 28, 2022, the Department of Energy (DOE) must implement a process for receiving, adjudicating, and approving (or rejecting) requests for a Section 2 exemption to the prohibition in Section 1 of the Proclamation. The process involves public applicants submitting requests for exemption to DOE’s Office of Nuclear Energy (DOE-NE) for the Secretary of Energy’s consideration.

Emergency Justfication: Pursuant to the Office of Management and Budget (OMB) procedures established in 5 C.F.R Part 1320, Controlling Paperwork Burdens on the Public, the Department of Energy (DOE) is requesting that the proposed information collection, Presidential Proclamation Relating to the Regulation of the Anchorage and Movement of Russian-Affiliated Vessels to U.S. Ports, be processed as an Emergency Clearance Information Collection Request (ICR) as referenced in 5 C.F.R. § 1320.13, Emergency processing. DOE has determined that the information must be collected prior to the time periods established under Part 1320 of the regulation, and that this information is essential to DOE’s implementation of the Secretary of Energy’s requirements under Presidential Proclamation 10371, Declaration of National Emergency and Invocation of Emergency Authority Relating to the Regulation of the Anchorage and Movement of Russian-Affiliated Vessels to United States Ports (Apr. 21, 2022). DOE must collect this information urgently due to the effective date of the Proclamation (Apr. 28, 2022). DOE has determined that public consequence is likely if normal clearance procedures are followed.

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Authorizing Statute(s): US Code: 50 USC 1601 Name of Law: National Emergencies Act
  

Citations for New Statutory Requirements: US Code: 50 USC 1601 Name of Law: National Emergencies Act

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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
Presidential Proclamation

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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	20	0	20	0	0	0
Annual Time Burden (Hours)	40	0	40	0	0	0
Annual Cost Burden (Dollars)	2,580	0	2,580	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: $5,842

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:  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: 04/27/2022

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