80 FR 27853 - Foreign Trade Regulations (FTR): Reinstatement of Exemptions Related to Temporary Exports, Carnets, and Shipments Under a Temporary Import Bond
DEPARTMENT OF COMMERCE
Bureau of the Census Federal Register Volume 80, Issue 94 (May 15, 2015)
Bureau of the Census
Federal Register Volume 80, Issue 94 (May 15, 2015)
| Page Range | 27853-27854 | |
| FR Document | 2015-11809 |
[Federal Register Volume 80, Number 94 (Friday, May 15, 2015)] [Rules and Regulations] [Pages 27853-27854] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-11809] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Bureau of the Census 15 CFR Part 30 [Docket Number: 140821699-5179-02] RIN 0607-AA53 Foreign Trade Regulations (FTR): Reinstatement of Exemptions Related to Temporary Exports, Carnets, and Shipments Under a Temporary Import Bond AGENCY: Bureau of the Census, Commerce Department. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Bureau of the Census (Census Bureau) issued a final rule amending the Foreign Trade Regulations (FTR) to eliminate the reporting requirement for temporary exports, which includes Carnets, and goods previously imported on a Temporary Import Bond (TIB). This final rule is being implemented to ensure consistency with the Customs Convention on the ATA Carnet for the Temporary Admission of Goods (ATA Convention) and reduce filing burden on the trade community. On September 12, 2014, the Census Bureau published this rule on an interim final basis. The Census Bureau is finalizing this rule without change. DATES: Effective Date: This rule is effective May 15, 2015. The interim rule published on September 12, 2014 (79 FR 54588), became effective September 12, 2014. FOR FURTHER INFORMATION CONTACT: Dale C. Kelly, Chief, International Trade Management Division, U.S. Census Bureau, 4600 Silver Hill Road, Room 6K032, Washington, DC 20233-6700, by phone (301) 763-6937, by fax (301) 763-8835, or by email <[email protected]>. SUPPLEMENTARY INFORMATION: Background The Census Bureau is responsible for collecting, compiling, and publishing export trade statistics for the United States under the provisions of Title 13, United States Code (U.S.C.), Chapter 9, Section 301(a). The Automated Export System (AES) is the primary instrument used for collecting export trade data, which are used by the Census Bureau [[Page 27854]] for statistical purposes. Through the AES, the Census Bureau collects Electronic Export Information (EEI), the electronic equivalent of the export data formerly collected on the Shipper's Export Declaration, pursuant to the Foreign Trade Regulations (FTR), Title 15, Code of Federal Regulations (CFR), part 30. Filing in the AES is not required for shipments excluded in Section 30.2(d) and shipments exempted in Subpart D that are not subject to Section 30.2(a)(1)(iv). The Census Bureau published a Final Rule in the Federal Register on March 14, 2013 (78 FR 16366), that removed the exemptions for Carnets and other temporary exports and goods previously imported under a Temporary Import Bond (TIB) exported in the same condition. The Department of the Treasury and members of the trade community raised concerns about the new AES filing requirement for Carnets, which is an international customs and temporary export-import document that is used to clear customs without paying duties and import taxes on merchandise that will be reexported within 12 months. The concerns centered on whether mandatory AES filing for Carnets may be contrary to the ATA Convention, to which the U.S. is a contracting party. In addition, there was concern that unless the exemptions were reinstated, it would be extremely difficult to comply with the FTR, particularly for goods moving on a foreign Carnet. To address these concerns, the Census Bureau and U.S. Customs and Border Protection (CBP) determined it was necessary to reinstate the exemptions from filing for temporary exports, including Carnets, and goods that were previously imported under a TIB for return in the same condition as when exported. In accordance with the Interim Final Rule published on September 12, 2014, this rule clarifies that the reporting requirement for temporary exports, which includes Carnets, and goods previously imported on a TIB is eliminated. This revision reinstates exemptions for temporary exports/Carnets and for goods that were imported under a TIB for return in the same condition as when imported. The U.S. Department of State and the U.S. Department of Homeland Security concur with the provision contained in this rule. Summary of Comments and Responses The Census Bureau received one comment on the Interim Final Rule published in the Federal Register on September 12, 2014 (79 FR 54588). A summary of the comment and the Census Bureau's response is provided below. Comment: Clarify if exporters are required to file Electronic Export Information (EEI) if items are shipped into the U.S. under a foreign obtained ATA Carnet, and then re-exported, never returning to the U.S. Additionally, clarify if exporters are required to file EEI if items are exported under a U.S. obtained ATA Carnet and will be returned within 12 months under the same Carnet. Response: The Census Bureau clarifies here that reporting of EEI is not required for exports moving under either a U.S. or foreign issued Carnets. All Carnet shipments are exempt from EEI filing under Foreign Trade Regulations, Section 30.37(q) or (r). Rulemaking Requirements Administrative Procedure Act The Census Bureau finds good cause pursuant to Title 5, U.S.C., 553(b)(3)(B) to waive prior notice and opportunity for public comment, as contrary to the public interest. The Census Bureau is undertaking this amendment in order to reduce filing burden on the trade community and to ensure consistency with the ATA Carnets for the Temporary Admission of Goods (ATA Convention). In particular, this rule reinstates the previous filing exemptions in Sec. 30.37(q) and (r) of the FTR for temporary exports, including Carnets, and goods that were imported under a TIB for return in the same condition as when imported, which will ensure consistency with the ATA Convention, reduce filing requirements, avoid confusion, and ease compliance with the FTR. Additionally, and for similar reasons, the Census Bureau finds good cause pursuant to 5 U.S.C. 553(d) to waive the 30-day delay in effectiveness for this rule. This rule allows for an exemption to the AES filing requirements and imposes no additional requirements or obligations on any member of the public; therefore, delaying its effectiveness is unnecessary. Regulatory Flexibility Act The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration (SBA) that this rule will not have a significant impact on a substantial number of small entities. The purpose and goal of this rule are explained in the preamble, and are not repeated here. This rule does not mandate any new filing requirements and does not directly impact any small or large entities. We received no comments on the certification in the proposed rule; accordingly, no Regulatory Flexibility analysis is required and none has been prepared. Executive Orders This rule has been determined to be not significant for purposes of Executive Orders 12866 and 13563, and has been drafted according to the requirements of those Executive Orders. It has also been determined that this rule does not contain policies with federalism implications as that term is defined under Executive Order 13132. Paperwork Reduction Act This rule does not contain any information collection subject to the Paperwork Reduction Act (PRA). However, notwithstanding any other provision of law, no person is required to respond to, nor shall a person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the PRA, unless that collection of information displays a current and valid Office of Management and Budget (OMB) control number. List of Subjects in 15 CFR Part 30 Economic statistics, Exports, Foreign trade, Reporting and recordkeeping requirements. PART 30--FOREIGN TRADE REGULATIONS 0 Accordingly, as discussed above, the Interim Final Rule amending 15 CFR part 30, which was published at 79 FR 54588 on September 12, 2014, is adopted as a final rule without change. Dated: May 7, 2015. John H. Thompson, Director, Bureau of the Census. [FR Doc. 2015-11809 Filed 5-14-15; 8:45 am] BILLING CODE 3510-07-P
![27853
Rules and Regulations Federal Register
Vol. 80, No. 94
Friday, May 15, 2015
This section of the FEDERAL REGISTER activities required under NEPA by DEPARTMENT OF COMMERCE
contains regulatory documents having general consolidating the modeling of these
applicability and legal effect, most of which environmental impacts in a single tool. Bureau of the Census
are keyed to and codified in the Code of
For air traffic airspace and procedure
Federal Regulations, which is published under 15 CFR Part 30
50 titles pursuant to 44 U.S.C. 1510. actions, AEDT 2b replaces AEDT 2a,
which was released by the FAA in [Docket Number: 140821699–5179–02]
The Code of Federal Regulations is sold by March 2012. For other FAA actions,
the Superintendent of Documents. Prices of AEDT 2b replaces the Integrated Noise RIN 0607–AA53
new books are listed in the first FEDERAL Model (INM) for analyzing aircraft noise
REGISTER issue of each week. Foreign Trade Regulations (FTR):
and the Emissions and Dispersion Reinstatement of Exemptions Related
Modeling System (EDMS) for to Temporary Exports, Carnets, and
DEPARTMENT OF TRANSPORTATION developing emissions inventories and Shipments Under a Temporary Import
modeling emissions dispersion. AEDT Bond
Federal Aviation Administration 2b applies to analyses initiated after
May 29, 2015. AGENCY: Bureau of the Census,
14 CFR Chapter I Commerce Department.
Policy Statement ACTION: Final rule.
Noise, Fuel Burn, and Emissions
Effective May 29, 2015, AEDT 2b SUMMARY: The Bureau of the Census
Modeling Using the Aviation
replaces AEDT 2a, INM, and EDMS as (Census Bureau) issued a final rule
Environmental Design Tool Version 2b
the required tool for noise, fuel burn, amending the Foreign Trade Regulations
AGENCY: Federal Aviation and emissions modeling of FAA actions. (FTR) to eliminate the reporting
Administration (FAA), DOT. Consistent with current FAA policy and requirement for temporary exports,
ACTION: Policy statement. practice, the use of AEDT 2b is not which includes Carnets, and goods
required for projects whose analysis previously imported on a Temporary
SUMMARY: This document provides a began before the effective date of this Import Bond (TIB). This final rule is
statement of FAA policy concerning the policy. In the event AEDT 2b is updated being implemented to ensure
required use of the Aviation
after the environmental analysis process consistency with the Customs
Environmental Design Tool version 2b
is underway, the updated version may, Convention on the ATA Carnet for the
(AEDT 2b) to analyze noise, fuel burn,
but need not, be used to provide Temporary Admission of Goods (ATA
and emissions for FAA actions. The
additional disclosure concerning noise, Convention) and reduce filing burden
policy statement is intended to ensure
fuel burn, and emissions. on the trade community. On September
consistency and quality of analysis
This policy statement is issued to 12, 2014, the Census Bureau published
performed to assess noise, fuel burn,
ensure consistency and quality of this rule on an interim final basis. The
and emissions impacts of such actions
Census Bureau is finalizing this rule
under the National Environmental analysis performed to comply with
without change.
Policy Act of 1969 (NEPA), as amended, requirements under the National
42 U.S.C. 4321 et seq. Environmental Policy Act of 1969 DATES: Effective Date: This rule is
DATES: Effective May 29, 2015. (NEPA), as amended, 42 U.S.C. 4321 et effective May 15, 2015. The interim rule
seq. published on September 12, 2014 (79 FR
FOR FURTHER INFORMATION CONTACT:
54588), became effective September 12,
Fabio Grandi, Office of Environment Issued in Washington, DC, on May 11, 2014.
and Energy (AEE), Federal Aviation 2015.
Administration, 800 Independence Ave. FOR FURTHER INFORMATION CONTACT: Dale
Curtis Holsclaw, C. Kelly, Chief, International Trade
SW., Washington, DC 20591; Telephone:
(202) 267–9099. Deputy Director, Office of Environment and Management Division, U.S. Census
Energy. Bureau, 4600 Silver Hill Road, Room
SUPPLEMENTARY INFORMATION:
[FR Doc. 2015–11803 Filed 5–14–15; 8:45 am] 6K032, Washington, DC 20233–6700, by
Background BILLING CODE 4910–13–P phone (301) 763–6937, by fax (301) 763–
FAA Order 1050.1, Environmental 8835, or by email <dale.c.kelly@
Impacts: Policies and Procedures, census.gov>.
describes FAA policies and procedures SUPPLEMENTARY INFORMATION:
for compliance with the National
Environmental Policy Act (NEPA). Background
Aircraft noise, air pollutant emissions, The Census Bureau is responsible for
and fuel burn are interdependent and collecting, compiling, and publishing
mstockstill on DSK4VPTVN1PROD with RULES
occur simultaneously throughout all export trade statistics for the United
phases of flight. AEDT 2b is a States under the provisions of Title 13,
comprehensive software tool that United States Code (U.S.C.), Chapter 9,
provides information to FAA Section 301(a). The Automated Export
stakeholders on each of these specific System (AES) is the primary instrument
environmental impacts. AEDT 2b used for collecting export trade data,
facilitates environmental review which are used by the Census Bureau
VerDate Sep<11>2014 16:43 May 14, 2015 Jkt 235001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\15MYR1.SGM 15MYR1](https://thefederalregister.org/doc/80_FR_27947/page/1.svg)
![27854 Federal Register / Vol. 80, No. 94 / Friday, May 15, 2015 / Rules and Regulations
for statistical purposes. Through the Census Bureau’s response is provided comments on the certification in the
AES, the Census Bureau collects below. proposed rule; accordingly, no
Electronic Export Information (EEI), the Comment: Clarify if exporters are Regulatory Flexibility analysis is
electronic equivalent of the export data required to file Electronic Export required and none has been prepared.
formerly collected on the Shipper’s Information (EEI) if items are shipped
Executive Orders
Export Declaration, pursuant to the into the U.S. under a foreign obtained
Foreign Trade Regulations (FTR), Title ATA Carnet, and then re-exported, This rule has been determined to be
15, Code of Federal Regulations (CFR), never returning to the U.S. Additionally, not significant for purposes of Executive
part 30. Filing in the AES is not clarify if exporters are required to file Orders 12866 and 13563, and has been
required for shipments excluded in EEI if items are exported under a U.S. drafted according to the requirements of
Section 30.2(d) and shipments obtained ATA Carnet and will be those Executive Orders. It has also been
exempted in Subpart D that are not returned within 12 months under the determined that this rule does not
subject to Section 30.2(a)(1)(iv). same Carnet. contain policies with federalism
The Census Bureau published a Final Response: The Census Bureau implications as that term is defined
Rule in the Federal Register on March clarifies here that reporting of EEI is not under Executive Order 13132.
14, 2013 (78 FR 16366), that removed required for exports moving under
the exemptions for Carnets and other Paperwork Reduction Act
either a U.S. or foreign issued Carnets.
temporary exports and goods previously All Carnet shipments are exempt from This rule does not contain any
imported under a Temporary Import EEI filing under Foreign Trade information collection subject to the
Bond (TIB) exported in the same Regulations, Section 30.37(q) or (r). Paperwork Reduction Act (PRA).
condition. The Department of the However, notwithstanding any other
Treasury and members of the trade Rulemaking Requirements provision of law, no person is required
community raised concerns about the Administrative Procedure Act to respond to, nor shall a person be
new AES filing requirement for Carnets, subject to a penalty for failure to comply
which is an international customs and The Census Bureau finds good cause with, a collection of information subject
temporary export-import document that pursuant to Title 5, U.S.C., 553(b)(3)(B) to the requirements of the PRA, unless
is used to clear customs without paying to waive prior notice and opportunity that collection of information displays a
duties and import taxes on merchandise for public comment, as contrary to the current and valid Office of Management
that will be reexported within 12 public interest. The Census Bureau is and Budget (OMB) control number.
months. The concerns centered on undertaking this amendment in order to
reduce filing burden on the trade List of Subjects in 15 CFR Part 30
whether mandatory AES filing for
Carnets may be contrary to the ATA community and to ensure consistency Economic statistics, Exports, Foreign
Convention, to which the U.S. is a with the ATA Carnets for the Temporary trade, Reporting and recordkeeping
contracting party. In addition, there was Admission of Goods (ATA Convention). requirements.
concern that unless the exemptions In particular, this rule reinstates the
were reinstated, it would be extremely previous filing exemptions in § 30.37(q) PART 30—FOREIGN TRADE
difficult to comply with the FTR, and (r) of the FTR for temporary exports, REGULATIONS
particularly for goods moving on a including Carnets, and goods that were
imported under a TIB for return in the ■ Accordingly, as discussed above, the
foreign Carnet. To address these
same condition as when imported, Interim Final Rule amending 15 CFR
concerns, the Census Bureau and U.S.
which will ensure consistency with the part 30, which was published at 79 FR
Customs and Border Protection (CBP)
ATA Convention, reduce filing 54588 on September 12, 2014, is
determined it was necessary to reinstate
requirements, avoid confusion, and ease adopted as a final rule without change.
the exemptions from filing for
temporary exports, including Carnets, compliance with the FTR. Additionally, Dated: May 7, 2015.
and goods that were previously and for similar reasons, the Census John H. Thompson,
imported under a TIB for return in the Bureau finds good cause pursuant to 5 Director, Bureau of the Census.
same condition as when exported. U.S.C. 553(d) to waive the 30-day delay [FR Doc. 2015–11809 Filed 5–14–15; 8:45 am]
In accordance with the Interim Final in effectiveness for this rule. This rule BILLING CODE 3510–07–P
Rule published on September 12, 2014, allows for an exemption to the AES
this rule clarifies that the reporting filing requirements and imposes no
requirement for temporary exports, additional requirements or obligations
DEPARTMENT OF JUSTICE
which includes Carnets, and goods on any member of the public; therefore,
previously imported on a TIB is delaying its effectiveness is Drug Enforcement Administration
eliminated. This revision reinstates unnecessary.
exemptions for temporary exports/ Regulatory Flexibility Act 21 CFR Part 1308
Carnets and for goods that were
imported under a TIB for return in the The Chief Counsel for Regulation of [Docket No. DEA–414]
same condition as when imported. The the Department of Commerce certified
to the Chief Counsel for Advocacy of the Schedules of Controlled Substances:
U.S. Department of State and the U.S.
Small Business Administration (SBA) Extension of Temporary Placement of
Department of Homeland Security
that this rule will not have a significant UR–144, XLR11, and AKB48 in
concur with the provision contained in
impact on a substantial number of small Schedule I of the Controlled
this rule.
mstockstill on DSK4VPTVN1PROD with RULES
entities. Substances Act
Summary of Comments and Responses The purpose and goal of this rule are AGENCY: Drug Enforcement
The Census Bureau received one explained in the preamble, and are not Administration, Department of Justice.
comment on the Interim Final Rule repeated here. This rule does not ACTION: Final order.
published in the Federal Register on mandate any new filing requirements
September 12, 2014 (79 FR 54588). A and does not directly impact any small SUMMARY: The Administrator of the Drug
summary of the comment and the or large entities. We received no Enforcement Administration (DEA) is
VerDate Sep<11>2014 15:07 May 14, 2015 Jkt 235001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\15MYR1.SGM 15MYR1](https://thefederalregister.org/doc/80_FR_27947/page/2.svg)
Document Created: 2018-02-21 10:27:51
Document Modified: 2018-02-21 10:27:51
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective Date: This rule is effective May 15, 2015. The interim rule published on September 12, 2014 (79 FR 54588), became effective September 12, 2014. | |
| Contact | Dale C. Kelly, Chief, International Trade Management Division, U.S. Census Bureau, 4600 Silver Hill Road, Room 6K032, Washington, DC 20233-6700, by phone (301) 763-6937, by fax (301) 763-8835, or by email <[email protected]>. | |
| FR Citation | 80 FR 27853 | |
| RIN Number | 0607-AA53 | |
| CFR Associated | Economic Statistics; Exports; Foreign Trade and Reporting and Recordkeeping Requirements |
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