80 FR 50597 - Proposed Information Collection; Comment Request; Automated Export System (AES) Program

DEPARTMENT OF COMMERCE
U.S. Census Bureau

Federal Register Volume 80, Issue 161 (August 20, 2015)

The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).

[Federal Register Volume 80, Number 161 (Thursday, August 20, 2015)]
[Notices]
[Pages 50597-50598]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20537]


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DEPARTMENT OF COMMERCE

U.S. Census Bureau


Proposed Information Collection; Comment Request; Automated 
Export System (AES) Program

AGENCY: U.S. Census Bureau, Commerce.

ACTION: Notice.

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SUMMARY: The Department of Commerce, as part of its continuing effort 
to reduce paperwork and respondent burden, invites the general public 
and other Federal agencies to take this opportunity to comment on 
proposed and/or continuing information collections, as required by the 
Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 
3506(c)(2)(A)).

DATES: To ensure consideration, written comments must be submitted on 
or before October 19, 2015.

ADDRESSES: Direct all written comments to Jennifer Jessup, Departmental 
Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th 
and Constitution Avenue NW., Washington, DC 20230 (or via the Internet 
at [email protected]).

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
copies of the information collection instrument(s) and instructions 
should be directed to Kiesha Downs, Chief, Trade Regulations Branch, 
U.S. Census Bureau, 4600 Silver Hill Road, Washington, DC 20233-6700, 
(301) 763-7079, by fax (301) 763-8835 or by email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Abstract

    The Automated Export System (AES) or successor system, is the 
instrument used for collecting export trade information. The data 
collected from this source is compiled by the U.S. Census Bureau and 
functions as the basis for the official U.S. export trade statistics. 
These statistics are used to determine the balance of international 
trade and are also designated for use as a principal economic 
indicator. Title 13, United States Code (U.S.C.), Chapter 9, Section 
301 authorizes the Census Bureau to collect, compile, publish, and 
require the electronic filing of export data. Section 302 of Title 13, 
U.S.C., authorizes the Secretary of Commerce to publish regulations for 
the collection, publication, confidentiality, and disclosure of data 
collected pursuant to Chapter 9. Title 15, Code of Federal Regulations 
(CFR), Part 30, contains these regulatory provisions, and is known as 
the Foreign Trade Regulations (FTR). These data collected are used in 
the development of U.S. Government policies that affect the economy. 
These data also enable U.S. businesses to develop practical export 
marketing strategies as well as provide a means for the assessment of 
the impact of exports on the domestic economy. These data collected 
from the AES record are also used for export control purposes under 
Title 50, U.S.C., Export Administration Act, to detect and prevent the 
export of certain items by unauthorized parties or to unauthorized 
destinations or end users.
    The FTR was recently amended on February 9, 2015, through the 
issuance of a Final Rule, ``Clarification on Uses of Electronic Export 
Information,'' to provide clarity on the confidentiality provisions of 
the Electronic Export Information (EEI) and to facilitate the 
legitimate sharing of export data consistent with the goals for the 
International Trade Data System (ITDS). However, these changes did not 
impact the reporting burden imposed upon the export trade community.
    Currently, the Census Bureau is drafting a Notice of Proposed 
Rulemaking (NPR) to amend the FTR with new export reporting 
requirements. The proposed changes include the addition of two new data 
elements in the AES and clarification to existing reporting 
requirements. The proposed fields are not mandatory data elements and 
will only be required if a shipment meets a specific reporting 
requirement.
    The proposed data elements are an Original Internal Transaction 
Number (ITN) field and a New or Used Electronics indicator field. The 
Original ITN field will be an optional field that may be utilized if 
the filer has to create an additional AES record for a shipment that 
was previously filed. Adding the Original ITN field will assist the 
export trade community and enforcement agencies in identifying that a 
filer completed the mandatory filing requirements for the original 
shipment. In doing so, this may decrease the issuance of unnecessary 
penalties for these types of shipments. Because this data element is 
optional and only applies to a small percentage of shipments, it will 
have a minimal impact on response burden.
    The proposed New or Used Electronics indicator field will be used 
to improve information on trade flows and the disposal of used 
electronics. This information will be collected from the trade 
community for those who export electronics, in order to better 
understand the quantity and destinations of used electronics being 
exported. This field is being added to ensure compliance with Executive 
Order 13693, Planning for Federal Sustainability in the Next Decade, 
signed on March 19, 2015. The goal of the Executive Order is to employ 
environmentally sound practices with respect to Federal agency's 
disposal of all excess or surplus electronic products, to reduce the 
likelihood of negative impacts to the health and environment in 
developing countries. Adding the New or Used Electronics indicator will 
not contribute significantly to response burden because it is optional 
and is a check box that only applies to shipments of electronics.
    The draft NPR also includes language to address the implementation 
of the ITDS in compliance with the Executive Order 13659, Streamlining 
the Export/Import Process for America's Businesses. The ITDS is an 
electronic information exchange capability, or ``single window,'' 
through which businesses will transmit data required by participating 
agencies for the importation or exportation of cargo.
    Lastly, the draft NPR also includes language to clarify the 
reporting requirements for items such as Department of Treasury, Office 
of Foreign Assets Control (OFAC), specific or general licenses and 
split shipments. Unlike other export licenses, general and specific 
licenses issued by OFAC do not require a specific value or quantity

[[Page 50598]]

to be reported. Currently, the definition of export license in the FTR 
does not account for licenses that do not have a specific value or 
quantity and, as a result, we are adding language to clarify 15 CFR 
30.2(a)(1)(iv). The Census Bureau is revising requirements for split 
shipments to incorporate new timeframes that were initially announced 
in FTR Letter #6, Notice of Regulatory Change for Split Shipments. In 
practice, the export trade community already adheres to these filing 
timeframes. These clarifications do not impose new reporting 
requirements because these shipments currently require filing in the 
AES.
    While the Census Bureau is proposing to add two additional data 
elements, the overall time per response is expected to remain at three 
minutes per AES filing. Data captured based on the new export reporting 
requirements are essential in compiling complete and accurate export 
statistics, as well as strengthening export controls.

II. Method of Collection

    Except as noted in 15 CFR 30.2(a)(1)(iv), an electronic AES record 
is required for all export shipments valued more than $2,500 per 
Schedule B number from the United States, including Foreign Trade Zones 
located therein, Puerto Rico, and the U.S. Virgin Islands to foreign 
countries; for exports between the United States and Puerto Rico; and 
for exports to the U.S. Virgin Islands from the United States or Puerto 
Rico. Additionally, an AES record is required for the export of rough 
diamonds, used self-propelled vehicles and all exports requiring an 
export license from any other government agency or license exemption 
from the Department of State, regardless of value. The AES record is 
also required for exports with certain license exceptions from the 
Bureau of Industry and Security. The AES program is unique among Census 
Bureau statistical collections since respondents are not solicited for 
responses, as is the case with surveys. Filing export information via 
the AES is a mandatory process under Title 13, Chapter 9, U.S.C. The 
export trade community can access the AES via a free Internet-based 
system, AESDirect, or they can use software that connects directly with 
the U.S. Customs and Border Protection's (CBP) Automated Commercial 
Environment.
    For exports to Canada, a Memorandum of Understanding (MOU) signed 
by CBP, Canada Border Services Agency, Statistics Canada, and the U.S. 
Census Bureau enables the United States to substitute Canadian import 
statistics for U.S. export statistics. Similarly, in accordance with 
the MOU, Canada substitutes U.S. import statistics for Canadian exports 
to the United States. This exchange of data eliminates the requirement 
for the export trade community to file the EEI with the U.S. Government 
for the majority of export shipments to Canada, thus resulting in the 
elimination of over eight million AES records annually. Export 
shipments to Canada of rough diamonds, used vehicles, or those that 
require a license must be filed through the AES. In addition, export 
shipments from the United States through Canada destined to a country 
other than Canada require an AES record.
    In most instances, a U.S. Principal Party in Interest or authorized 
agent must file EEI via the AES and annotate the commercial loading 
documents with the proof of filing citation prior to the export of a 
shipment. In instances where the AES filing is not required, the proper 
exemption legend must be noted on the commercial loading documents per 
15 CFR 30.7.
    The AES enables the U.S. Government to significantly improve the 
quality, timeliness, and coverage of export statistics. Since July 
1995, the Census Bureau and the CBP have utilized the AES to improve 
the reporting of export trade information, customer service, increase 
compliance with and enforcement of export laws, and provides paperless 
reports of export information. The AES also enables the U.S. Government 
to increase its ability to prevent the export of certain items by 
unauthorized parties, to unauthorized destinations and end users 
through electronic filing.

III. Data

    OMB Control Number: 0607-0152.
    Form Number(s): Automated Export System (AES) submissions.
    Type of Review: Regular submission.
    Affected Public: Exporters, Forwarding agents, Export Carriers.
    Estimated Number of Respondents: 304,223 filers who submit 
15,218,820 shipments through the AES.
    Estimated Time per Response: 3 minutes for each AES submission.
    Estimated Total Annual Burden Hours: 760,941.
    Estimated Total Annual Cost to Public: $14,724,208.
    Respondent's Obligation: Mandatory.
    Legal Authority: Title 13, United States Code, Chapter 9, Sections 
301-307.

IV. Request for Comments

    Comments are invited on: (a) Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the agency, including whether the information shall have practical 
utility; (b) the accuracy of the agency's estimate of the burden 
(including hours and cost) of the proposed collection of information; 
(c) ways to enhance the quality, utility, and clarity of the 
information to be collected; and (d) ways to minimize the burden of the 
collection of information on respondents, including through the use of 
automated collection techniques or other forms of information 
technology.
    Comments submitted in response to this notice will be summarized 
and/or included in the request for OMB approval of this information 
collection; they also will become a matter of public record.

    Dated: August 14, 2015.
Glenna Mickelson,
Management Analyst, Office of the Chief Information Officer.
[FR Doc. 2015-20537 Filed 8-19-15; 8:45 am]
BILLING CODE 3510-07-P