0029

SUPPORTING STATEMENT
U.S. Department of Commerce
Bureau of Industry and Security
License Exception TMP: Special Requirements
EAR Sections 740.9(a)(2)(viii)(B)
OMB No. 0694-0029

A. Justification
1. Explain the circumstances that make the collection of information necessary.

Section 15(b) of the Export Administration Act (EAA) of 1979, as amended, authorizes
the President and the Secretary of Commerce to issue regulations to implement the EAA
including those provisions authorizing the control of exports of U.S. goods and
technology to all foreign destinations, as necessary for the purpose of national security,
foreign policy and short supply, and the provision prohibiting U.S. persons from
participating in certain foreign boycotts. Export control authority has been assigned
directly to the Secretary of Commerce by the EAA and delegated by the President to the
Secretary of Commerce. This authority is administered by the Bureau of Industry and
Security through the Export Administration Regulations (EAR). The EAA is not
permanent legislation, and when it has lapsed due to the failure to enact a timely
extension, Presidential executive orders under the International Emergency Economic
Powers Act (IEEPA) have directed and authorized the continuation in force of the EAR.

2. Explain how, by whom, how frequently, and for what purpose the information will be
used. If the information collected will be disseminated to the public or used to support
information that will be disseminated to the public, then explain how the collection
complies with all applicable Information Quality Guidelines.
License Exception TMP permits the export of controlled commodities and software for
temporary use abroad for a 12-month period under the guidelines listed in Section 740.9
of the EAR.
There are two reporting requirements associated with this license exception: one,
concerning commodities shipped for news-gathering purposes and the other requirement,
concerning an extension of the 12-month limit of the license exception.
Since TMP permits sophisticated equipment and software to be shipped to any
destination for news-gathering purposes, Section 740.9(a)(2)(viii)(B) of the EAR states
that exporters must send a packing list or similar identification of the exported
commodities to BIS along with specification of the destination and estimated dates of
departure and return if the commodities being shipped under TMP are necessary for
news-gathering purposes that accompany "accredited" news-gathering media personnel to
Country Groups D:1, E:2 or Sudan. This information is used by Export Enforcement to
spot check returns to assure that TMP is being used properly.

Section 740.9(a)(4)(iii) states that if it is necessary to extend the 12-month limit of this
general license, the exporter must submit a Form BIS-748P, Multi-Purpose Application -approved by OMB under Control No. 0694-0088, and a justification for the extension.
This justification is used by BIS to make a decision on whether to grant the extension, or
not. Since this license is for temporary exports, BIS must assure that this condition is
observed and that unusual circumstances warrant an exception to the rule.
The Section 515 Information Quality Guidelines apply to this information collection and
comply with all applicable information quality guidelines, i.e., OMB, Department of
Commerce, and specific operating unit guidelines.

3. Describe whether, and to what extent, the collection of information involves the use of
automated, electronic, mechanical, or other technological techniques or other forms of
information technology.
This is a very small collection of non-standard documents such as a packing list or a letter
of explanation. It is not cost-effective for BIS to automate this collection.

4. Describe efforts to identify duplication.
This information is not duplicated elsewhere. This is a collection of information related
to specified commodities that are to be exported by a specified exporter for a stated enduse and to be returned to the U.S. on or before a specified date.

5. If the collection of information involves small businesses or other small entities, describe
the methods used to minimize burden.
This collection of information must be adhered to by all U.S. exporters regardless of size.
The burden, because of its simple requirement is no more burdensome to the small
business than it is for any other entity.

6. Describe the consequences to the Federal program or policy activities if the collection is
not conducted or is conducted less frequently.
If this collection were submitted less frequently, there would be violations of the EAR.
Only mandatory collection will assure compliance.

7. Explain any special circumstances that require the collection to be conducted in a
manner inconsistent with OMB guidelines.
There are no special circumstances that require the collection to be conducted in a
manner inconsistent with the guidelines in 5 CFR 1320.6.

8. Provide a copy of the PRA Federal Register notice that solicited public comments on the
information collection prior to this submission. Summarize the public comments received
in response to that notice and describe the actions taken by the agency in response to those
comments. Describe the efforts to consult with persons outside the agency to obtain their
views on the availability of data, frequency of collection, the clarity of instructions and
recordkeeping, disclosure, or reporting format (if any), and on the data elements to be
recorded, disclosed, or reported.
The notice requesting public comment was published in the Federal Register on
September 18, 2006, pp. 54612-54613. No comments were received.

9. Explain any decisions to provide payments or gifts to respondents, other than
remuneration of contractors or grantees.

Comment: Disregard date and page
reference in Item 8. This date and page
reference of the Federal Register will
be updated by OCIO/ICB staff when
the new notice is published in the
Federal Register.
If comments are received, OCIO will
get them to you. There’s only a 2%
chance of receiving public comments.
Comment: More than likely, items 911 can remain as-is.

There is no plan to provide any payment or gift to respondents.

10. Describe any assurance of confidentiality provided to respondents and the basis for
assurance in statute, regulation, or agency policy.
Section 12(c) of the EAA provides for the confidentiality of information contained in the
records of the respondents.

11. Provide additional justification for any questions of a sensitive nature, such as sexual
behavior and attitudes, religious beliefs, and other matters that are commonly considered
private.
There are no questions of a sensitive nature.

12. Provide an estimate in hours of the burden of the collection of information.
There is 1 burden hour associated with this collection of information.
Export Enforcement receives approximately 4 responses annually. It would take the
respondents about 20 minutes to read instructions, specify the destination and estimated
dates of departure and return, and mail this information along with the appropriate export
documentation to BIS, for a total of 1 hour twenty minutes.
BIS estimates that letters explaining the need for an extension of TMP would take about
30 minutes to prepare, however BIS rarely receives such requests for an extension.
The cost is estimated to be $40. This is based on an hourly rate of $30 per hour times 1
hour and 20 minutes.

13. Provide an estimate of the total annual cost burden to the respondents or record-

Comment: Please refer to the source
of the data identified in bold for any
revision; update the mathematical
representations in Item 12 of this
Supporting Statement accordingly.

keepers resulting from the collection (excluding the value of the burden hours in #12
above).
The annual cost of recordkeeping is negligible.

14. Provide estimates of annualized cost to the Federal government.
There are no annualized costs associated with this collection of information.

15. Explain the reasons for any program changes or adjustments reported in Items 13 or
14 of the OMB 83-I.
There is no significant change to the burden estimate from the current OMB inventory.

16. For collections whose results will be published, outline the plans for tabulation and
publication.
The results of this collection will not be published for statistical purposes.

17. If seeking approval to not display the expiration date for OMB approval of the
information collection, explain the reasons why display would be inappropriate.
Not applicable.

18. Explain each exception to the certification statement identified in Item 19 of the
OMB 83-I.

Not applicable.

B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS
Not applicable.

Comment: In a similar fashion, if
changes were made to Item 12, they
will affect the math in Item 13. Please
update accordingly.

Comment: Item 14 - If any of the
figures in Item 12 (highlighted in bold)
were changed, please revise the cost
data..

Comment: If any of the numbers in
Item 12 were changed, then Item 15
will also need to be revised and
explained. If the rate of xx annual
responses is unchanged, then state
“There is no change in the burden
hours for this collection of
information”. If it increases or
decreases, we will need a brief
description of why.
Comment: More than likely, items
16-18 should require no revision.