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2023-01-04
2023-01-04
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Federal Register / Vol. 88, No. 2 / Wednesday, January 4, 2023 / Notices
respondents to provide annual
amendments under Rule 6a–4(b)(3)
would be 30 hours (15 hours/
respondent/year × 2 respondents) and
$200 of miscellaneous clerical expenses.
The Commission estimates that the total
annual burden for all respondents to
provide three-year amendments 6 under
Rule 6a–4(b)(4) would be 14 hours (20
hours/respondent × 0.67 respondents
per year) and $88 in miscellaneous
clerical expenses. The Commission
estimates that the total annual burden
for the filing of the supplemental
information 7 and the monthly reports
required under Rule 6a–4(c) would be
12 hours (6 hours/respondent per year
× 2 respondents 8) and $120 of
miscellaneous clerical expenses. Thus,
the Commission estimates the total
annual burden for complying with Rule
6a–4 is 86 hours and $608 in
miscellaneous clerical expenses.
Compliance with Rule 6a–4 is
mandatory. Information received in
response to Rule 6a–4 shall not be kept
confidential; the information collected
is public information.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid OMB
control number.
The public may view background
documentation for this information
collection at the following website:
>www.reginfo.gov<. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function. Written comments and
recommendations for the proposed
information collection should be sent by
February 3, 2023 to (i)
>MBX.OMB.OIRA.SEC_desk_officer@
omb.eop.gov< and (ii) David Bottom,
Director/Chief Information Officer,
Securities and Exchange Commission, c/
o John Pezzullo, 100 F Street NE,
Washington, DC 20549, or by sending an
email to: [email protected].
Dated: December 28, 2022.
J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022–28541 Filed 1–3–23; 8:45 am]
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BILLING CODE 8011–01–P

6 17 CFR 240.6a–4(b)(3) and (4).
7 17 CFR 240.6a–4(c)
8 See supra footnote 7.

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DEPARTMENT OF STATE
[Public Notice: 11944]

30-Day Notice of Proposed Information
Collection: Request To Change EndUser, End-Use and/or Destination of
Hardware and Open General Licenses
AGENCY: Department of State.
ACTION: Notice of request for public

comment and submission to OMB of
proposed collection of information.
SUMMARY: The Department of State has

submitted the information collection
described below to the Office of
Management and Budget (OMB) for
approval. In accordance with the
Paperwork Reduction Act of 1995, we
are requesting comments on this
collection from all interested
individuals and organizations. The
purpose of this notice is to allow 30
days for public comment.
DATES: Submit comments up to
February 3, 2023.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
FOR FURTHER INFORMATION CONTACT: Mr.
Dilan Wickrema, Office of Defense
Trade Controls Policy, Department of
State, telephone (202) 634–4981; email
[email protected].
SUBJECT: 30-Day Notice of Proposed
Information Collection—Request to
Change End-user, End-use and/or
Destination and Open General Licenses.
SUPPLEMENTARY INFORMATION:
• Title of Information Collection:
Request to Change End-User, End-Use
and/or Destination of Hardware and
Open General Licenses.
• OMB Control Number: 1405–0173.
• Type of Request: Revision and
extension of a currently approved
collection.
• Originating Office: Directorate of
Defense Trade Controls (DDTC).
• Form Number: DS–6004.
• Respondents: Individuals,
businesses, or organizations engaged in
the business of exporting or temporarily
importing defense articles or defense
services or those involved in with
reexport or retransfer of unclassified
defense articles otherwise authorized
under the International Traffic in Arms
Regulations (ITAR).
• Estimated Number of Respondents:
1,695.

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397

• Estimated Number of Responses:
2,234.
• Average Time per Response: 1 hour.
• Total Estimated Burden: 2,234
hours.
• Frequency: On occasion.
• Obligation to respond: Mandatory.
We are soliciting public comments to
permit the Department to:
D Evaluate whether the proposed
information is necessary for the proper
functions of the Department.
D 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.
D Enhance the quality, utility, and
clarity of the information to be
collected.
D 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, comments submitted in
response to this Notice are public
record. Before including any detailed
personal information, you should be
aware your comments as submitted,
including your personal information,
will be available for public review.
Abstract of Proposed Collection
This information collection is used for
two main purposes: (1) the collection
and submission of information required
for DDTC approval of a reexport or
retransfer; and (2) the collection and
retention of certain information for
authorizations and other approvals,
including for reexports and retransfers
under an Open General License (OGL)
program. Under § 123.9(a) of the ITAR,
unless an exemption applies, DDTC’s
written approval must be obtained
before reselling, transferring,
reexporting, retransferring,
transshipping, or disposing of a defense
article to any end-user, end-use, or
destination other than as stated on the
export license or in the Electronic
Export Information filing in cases where
an exemption was claimed. Such
approval is normally granted through
case-by-case review of requests to
authorize specific transfers. In addition,
ITAR § 120.22(b) allows DDTC to
provide export authorization for DDTC’s
own initiatives, including pilot
programs and other specifically
anticipated circumstances for which
DDTC considers special authorizations
appropriate. DDTC has launched a pilot
program pursuant to its authorities in
ITAR § 120.22(b) in order to assess the
concept of an OGL mechanism by which
it may authorize certain transfers of
defense articles to predetermined

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398

Federal Register / Vol. 88, No. 2 / Wednesday, January 4, 2023 / Notices

parties. OGLs eliminate the need for the
Department to individually review and
approve certain lower-risk transactions
involving certain recipients. DDTC
believes the OGL program will provide
unprecedented flexibility for the U.S.
defense industry and U.S. allies to
operate consistent with the ITAR and
will enhance their ability to maintain,
repair, and store defense articles.
Under ITAR § 123.1(c), DDTC may
require pertinent documentation
regarding the proposed transaction and
proper completion of the application
form, including information about the
quantity and value of the defense article
proposed for export and information on
the proposed end-user, end-use, and
ultimate destination. Under ITAR
§ 123.9(c), persons who seek approval
from DDTC to reexport or retransfer
defense articles are required to submit a
description, quantity, and value of the
defense article and a description and
identification of the new end-user, enduse, and destination. Under ITAR
§ 120.15(e) any person engaging in any
reexport or retransfer of a defense article
pursuant to an exemption must
maintain records of each such transfer
including the following information: A
description of the defense article,
including technical data, or defense
service; the name and address of the
end-user and other available contact
information (e.g., telephone number and
email address); the name of the natural
person responsible for the transaction;
the stated end-use of the defense article
or defense service; the date of the
transaction; and the method of
transmission.
DDTC seeks to ensure that persons
who rely on any current or future OGLs
to conduct reexports and retransfers
abroad retain the same records as would
be required if their transactions were
authorized by either a specific license or
an exemption. Accordingly, DDTC has
restated the record-keeping
requirements articulated in ITAR
§ 120.15(e) in the OGLs themselves.

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Methodology
Respondents will submit information
as attachments to relevant license
applications or requests for other
approval. Applicants are referred to
ITAR § 123.9 for guidance on what
information to submit regarding the
request to change end-user, end-use
and/or destination of hardware. This
information may be submitted
electronically via a DS–6004, Reexport/
Retransfer Application, through DDTC’s
case management system, the Defense
Export Control and Compliance System
(DECCS).

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Jkt 259001

Separately, as described in ITAR
§ 120.15(e) and under the OGL pilot
program and as described in each OGL,
respondents will be required to retain
certain information in their own records
for a period of five years from the date
of the reexport or retransfer.
Authority: 44 U.S.C. 3507.
*
*
*
*
*

2000, and Delegation of Authority No.
523 of December 22, 2021.
Stacy E. White,
Deputy Assistant Secretary for Professional
and Cultural Exchanges, Bureau of
Educational and Cultural Affairs, Department
of State.
[FR Doc. 2022–28558 Filed 1–3–23; 8:45 am]
BILLING CODE 4710–05–P

Catherine E. Hamilton,
Director of Licensing, PM/DDTC, Department
of State.
[FR Doc. 2022–28561 Filed 1–3–23; 8:45 am]

SURFACE TRANSPORTATION BOARD

BILLING CODE 4710–25–P

[Docket No. FD 36028 (Sub-No. 1)]

DEPARTMENT OF STATE
[Public Notice: 11958]

Notice of Determinations; Culturally
Significant Objects Being Imported for
Exhibition and Storage—
Determinations: ‘‘After SFX’’
Performances Presented Alongside
‘‘Lawrence Abu Hamdan: Walled
Unwalled and Other Monologues’’
Exhibition
SUMMARY: Notice is hereby given of the

following determinations: I hereby
determine that certain objects being
imported from abroad pursuant to
agreements with their foreign owners or
custodians for temporary storage and
display in performances of ‘‘After SFX’’
presented alongside the exhibition
‘‘Lawrence Abu Hamdan: Walled
Unwalled and Other Monologues’’ at
The Museum of Modern Art, New York,
New York, and at possible additional
exhibitions or venues yet to be
determined, are of cultural significance,
and, further, that their temporary
exhibition or display and storage within
the United States as aforementioned is
in the national interest. I have ordered
that Public Notice of these
determinations be published in the
Federal Register.
FOR FURTHER INFORMATION CONTACT:
Elliot Chiu, Attorney-Adviser, Office of
the Legal Adviser, U.S. Department of
State (telephone: 202–632–6471; email:
[email protected]). The mailing
address is U.S. Department of State, L/
PD, 2200 C Street NW, (SA–5), Suite
5H03, Washington, DC 20522–0505.
SUPPLEMENTARY INFORMATION: The
foregoing determinations were made
pursuant to the authority vested in me
by the Act of October 19, 1965 (79 Stat.
985; 22 U.S.C. 2459), E.O. 12047 of
March 27, 1978, the Foreign Affairs
Reform and Restructuring Act of 1998
(112 Stat. 2681, et seq.; 22 U.S.C. 6501
note, et seq.), Delegation of Authority
No. 234 of October 1, 1999, Delegation
of Authority No. 236–3 of August 28,

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Kanawha River Railroad, LLC—Lease
Renewal and Operation Exemption
With Interchange Commitment—
Norfolk Southern Railway Company
Kanawha River Railroad, L.L.C.
(KRR), a Class III rail carrier, has filed
a verified notice of exemption under 49
CFR 1150.41 to amend its lease with
Norfolk Southern Railway Company
(NSR) of, and continue to operate, nine
rail line segments totaling 309.45 miles
in West Virginia and Ohio.1 These line
segments extend between (1) milepost V
381.8 at Maben, W. Va., and milepost V
435.0 at DB (Deepwater Bridge), W. Va.;
(2) milepost RR 7.0 at Refugee, Ohio,
and milepost RR 116.5 at Hobson Yard,
Ohio; (3) milepost WV 125.6 at Conco,
Ohio, and milepost WV 253.4 at
Cornelia, W. Va.; (4) milepost 0.0 VC at
Vaco Junction, W. Va., and milepost
0.84 VC at Deepwater, W. Va.; (5) Hitop
RT at milepost TP 0.0 at Charleston, W.
Va., and the end of the track at milepost
TP 1.0; (6) Jones IT at milepost JT 0.0
at Jones, W. Va., and the end of the track
at milepost JT 1.3; (7) milepost VG 0.0
at Virwest, W. Va., and milepost VG
12.5 at Bolt, W. Va.; (8) milepost MY 0.0
at Milam, W. Va., and the end of the
track at milepost MY 1.01; and (9)
milepost PE 0.0 at Putt, W. Va., and
1 According to KRR, it mistakenly understated the
total mileage by 0.6 miles and misidentified the
mileposts on segments (1) and (7) in its verified
notice leading to the exemption in Kanawha River
Railroad—Lease Exemption Containing Interchange
Commitment—Norfolk Southern Railway, FD 36028
(STB served July 15, 2016), corrected FD 36028
(STB served Aug. 1, 2016), clarified FD 36028 (STB
served Aug. 5, 2016). KRR now identifies the total
mileage as 309.45 miles, not 308.85 miles; the
correct Maben milepost in segment (1) to be V
381.8, not V 382; and the correct Bolt milepost in
segment (7) to be VG 12.5, not VG 12.1. KRR verifies
that no shipper is affected by these corrections
because it has operated consistent with the correct
mileposts as identified in the lease agreement. KRR
will receive authority to operate on the previously
unidentified portions of line if the exemption in
this notice becomes effective. See Dall., Garland &
Ne. R.R.—Lease & Operation Exemption Including
Interchange Commitment—Union Pac. R.R., FD
36545, slip op. at 3 (STB served Dec. 2, 2021).

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