81 FR 1394 - Submission for OMB Review; Comment Request

DEPARTMENT OF COMMERCE

Federal Register Volume 81, Issue 7 (January 12, 2016)

[Federal Register Volume 81, Number 7 (Tuesday, January 12, 2016)]
[Notices]
[Pages 1394-1395]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-00421]


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DEPARTMENT OF COMMERCE


Submission for OMB Review; Comment Request

    The Department of Commerce will submit to the Office of Management 
and Budget (OMB) for clearance the following proposal for collection of 
information under the provisions of the Paperwork Reduction Act (44 
U.S.C. chapter 35).
    Agency: U.S. Census Bureau.
    Title: Automated Export System.
    OMB Control Number: 0607-0152.
    Form Number(s): AES.
    Type of Request: Revision of a currently approved collection.
    Number of Respondents: 304,223 shippers and freight forwarders 
filing 15,218,820 AES transactions annually.
    Average Hours per Response: 3 minutes per AES transaction.
    Burden Hours: 760,941.
    Needs and Uses: The Census Bureau is requesting continued clearance 
with revisions for the Automated Export System (AES) program.
    The Census Bureau requires mandatory filing of all export 
information via the AES. This requirement is mandated through Public 
Law 107-228 of the Foreign Trade Relations Act of 2003. This law 
authorizes the Secretary of Commerce with the concurrences of the 
Secretary of State and the Secretary of Homeland Security to require 
all persons who file export information according to title 13, United 
States Code (U.S.C.), chapter 9, to file such information through the 
AES.
    The AES is the primary instrument used for collecting export trade 
data, which are used by the Census Bureau for statistical purposes. The 
AES record provides the means for collecting data on U.S. exports. 
Title 13, U.S.C., chapter 9, sections 301-307, mandates the collection 
of these data. The regulatory provisions for the collection of these 
data are contained in the Foreign Trade Regulations (FTR), title 15, 
Code of Federal Regulations (CFR), part 30. The official export 
statistics collected from these tools provide the basic component for 
the compilation of the U.S. position on merchandise trade. These data 
are an essential component of the monthly totals provided in the U.S. 
International Trade in Goods and Services Press Release, a principal 
economic indicator and a primary component of the Gross Domestic 
Product (GDP). Traditionally, other federal agencies have used the 
Electronic Export Information (EEI) for export control purposes to 
detect and prevent the export of certain items by unauthorized parties 
or to unauthorized destinations or end users.
    Since 2013, the Census Bureau and the U.S. Customs and Border 
Protection (CBP) have implemented the following enhancements to the 
AES: (1) Added Bureau of Industry and Security (BIS) Export Control 
Classification Numbers (ECCNs) and increased edits and validations 
between License Codes and ECCNs; (2) developed six new license codes, 
three of which allow corrections to licensed shipments identified in 
voluntary self-disclosures and the remaining three are used to identify 
shipments involving .y 600 Series ECCN items, support for the Cuban 
people, and Australia International Traffic in Arms Regulations (ITAR) 
Exemptions; (3) developed a new filing option indicator for the 
Advanced Export Information pilot program to indicate a partial or 
complete commodity shipment filing; (4) adjusted the Foreign Trade Zone 
Indicator to accept seven characters instead of five; and (5) migrated 
the AES to the Automated Commercial Environment (ACE) platform to 
modernize the technology and adhere to the requirements of developing a 
single window in accordance with Executive Order 13659, Streamlining 
the Export/Import Process for America's Businesses, through the 
International Trade Data System. The AES will be accessed via a portal 
in ACE. Once the Notice of Proposed Rulemaking titled Foreign Trade 
Regulations (FTR): Clarification on Filing Requirements, is published, 
the following enhancements may be implemented in the AES: (1) Develop 
an original Internal Transaction Number (ITN) field; and (2) develop a 
used electronics indicator.
    The changes identified in this Final Rule will require the addition 
of two data elements in the AES. The added data elements include the 
original ITN and the used electronics indicator. The original ITN field 
is an optional data element and is utilized if the filer creates an 
additional AES record for a shipment that was previously filed. The 
next data element added is the used electronics indicator, which is a 
conditional data element. The indicator will be used to improve 
information on the quantity and destination of used electronics. These 
revisions should not affect the average three-minute response time for 
the completion of the AES record. Constant advances in technology and 
heightened knowledge of filers offset the time required to complete the 
new fields in the AES record. In addition, repetitious information can 
be entered automatically via templates and profiles, and the number of 
data entry sections has been reduced to improve

[[Page 1395]]

the functionality of the AES. Completing these fields will not 
significantly affect respondent burden since the original ITN field is 
an optional data element and not required for all submissions. The used 
electronics indicator is a conditional field, which will only be 
required for 75 out of the approximately 9,000 Schedule B numbers and 
will affect less than one percent of commodities exported. See 
Attachment G for a list of the Schedule B numbers affected.
    In addition to the two new proposed data elements that will be 
added to the AES, the Census Bureau added language to include the new 
timeframes for split shipments addressed in FTR Letter #6, Notice of 
Regulatory Change for Split Shipments. In practice, the export trade 
community currently adheres to the split shipment filing timeframes. 
The Census Bureau also revised language to reflect the two options for 
filing EEI. The two options are filing via AESDirect or filing to the 
AES mainframe. Finally, the Census Bureau added language to the FTR to 
ensure consistency with the Bureau of Industry and Security (BIS) 
Export Administration Regulations (EAR) based on the Export Control 
Reform. These clarifications do not impose new reporting requirements.
    The information collected via the Automated Export System (AES) 
conveys what is being exported (description and commodity 
classification number), how much is exported (quantity, shipping 
weight, and value), how it is exported (mode of transport, exporting 
carrier, and whether containerized), from where (state of origin and 
port of export), to where (port of unloading and country of ultimate 
destination), and when a commodity is exported (date of exportation). 
The identification of the U.S. Principal Party in Interest (USPPI) 
shows who is exporting goods. The USPPI and/or the forwarding or other 
agent information provides a contact for verification of the 
information.
    The information is used by the U.S. Federal Government and the 
private sector. The Federal Government uses every data element on the 
AES record. The Census Bureau published the Interim Final Rule 
``Foreign Trade Regulations (FTR): Clarification on Uses of Electronic 
Export Information'' to describe how EEI will be accessed and utilized 
under the International Trade Data System (ITDS). The ITDS was 
established to eliminate the redundant information collection 
requirements, efficiently regulate the flow of commerce and to 
effectively enforce laws and regulations relating to international 
trade. It establishes a single portal system for the collection and 
distribution of standard electronic import and export data required by 
all participating federal agencies. In addition, the rule allows 
federal agencies with appropriate authority to access export data in 
the AES and ensure consistency with the Executive Order 13659, 
Streamlining the Export/Import Process for America's Businesses issued 
on February 19, 2014.
    The data collected from the AES serves as the official record of 
export transactions. The mandatory use of the AES enables the Federal 
Government to produce more accurate export statistics. The Census 
Bureau delegated the authority to enforce the FTR to the BIS's Office 
of Export Enforcement along with the Department of Homeland Security's 
CBP and Immigrations and Customs Enforcement (ICE). The mandatory use 
of the AES also facilitates the enforcement of the Export 
Administration Regulations for the detection and prevention of exports 
of high technology commodities to unauthorized destinations by the BIS 
and the CBP; the International Traffic in Arms Regulations (ITAR) by 
the U.S. Department of State (State Department) for the exports of 
munitions; and the validation of the Kimberly Process Certificate for 
the exports of rough diamonds.
    Other Federal agencies use this data to develop the components of 
the merchandise trade figures that are used in the calculations for the 
balance of payments and GDP accounts to evaluate the effects of the 
value of U.S. exports. The data is also used to enforce U.S. export 
laws and regulations, to plan and examine export promotion programs and 
agricultural development and assistance programs, and to prepare for 
and assist in trade negotiations under the General Agreement on Tariffs 
and Trade. Collection of these data also eliminates the need for 
conducting additional surveys for the collection of information as the 
AES shows the relationship of the parties to the export transaction (as 
required by the Bureau of Economic Analysis). These AES data are also 
used by the Bureau of Labor Statistics as a source for developing the 
export price index and by the U.S. Department of Transportation for 
administering the negotiation of reciprocal arrangements for 
transportation facilities between the United States and other 
countries. Additionally, a collaborative effort amongst the Census 
Bureau, the National Governors' Association and other data users 
resulted in the development of export statistics requiring the state of 
origin to be reported on the AES. This information enables state 
governments to focus activities and resources on fostering the exports 
of goods that originate in their states.
    Export statistics collected from the AES aid private sector 
companies, financial institutions, and transportation entities in 
conducting market analysis and market penetration studies for the 
development of new markets and market-share strategies. Port 
authorities, steamship lines, airlines, aircraft manufacturers, and air 
transport associations use these data for measuring the volume and 
effect of air or vessel shipments and the need for additional or new 
types of facilities.
    Affected Public: Individuals or households, Business or other for-
profit.
    Frequency: On occasion.
    Respondent's Obligation: Mandatory.
    Legal Authority: Title 13 U.S.C., chapter 9, sections 301-307.
    This information collection request may be viewed at 
www.reginfo.gov. Follow the instructions to view Department of Commerce 
collections currently under review by OMB.
    Written comments and recommendations for the proposed information 
collection should be sent within 30 days of publication of this notice 
to [email protected] or fax to (202) 395-5806.

Sheleen Dumas,
Departmental PRA Lead, Office of the Chief Information Officer.
[FR Doc. 2016-00421 Filed 1-11-16; 8:45 am]
BILLING CODE 3510-07-P