83 FR 63152 - Submission for OMB Review; Comment Request
DEPARTMENT OF COMMERCE
Census Bureau Federal Register Volume 83, Issue 235 (December 7, 2018)
Census Bureau
Federal Register Volume 83, Issue 235 (December 7, 2018)
| Page Range | 63152-63154 | |
| FR Document | 2018-26538 |
[Federal Register Volume 83, Number 235 (Friday, December 7, 2018)] [Notices] [Pages 63152-63154] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-26538] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Census Bureau 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. Agency: U.S. Census Bureau. Title: Automated Export System. OMB Control Number: 0607-0152. [[Page 63153]] Form Number(s): Automated Commercial Environment (ACE) AESDirect Record Formats and related documents, including the AES Letter of Intent, ACE Exporter Account Application and Quick Reference Guide, AES Certification Statements, and the ACE AESDirect User Guide. Type of Request: Revision of a currently approved collection. Number of Respondents: 287,314 filers who submit 17,315,950 shipments annually through the AES. Average Hours per Response: 3 minutes per AES transaction. Burden Hours: 865,798. Needs and Uses: 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. Traditionally, other federal agencies use 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. This information is noted in the ACE AESDirect User Guide. Since 2016, the Census Bureau and the U.S. Customs and Border Protection (CBP) have implemented the following enhancements to the AES, in accordance with revisions to the FTR: (1) Added the Original Internal Transaction Number (ITN) to the AES. 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; (2) added the Ultimate Consignee Type data field, which requires the filer to identify the ultimate consignee as a Direct Consumer, Government Entity, Reseller, or Other. In addition, the Census Bureau and CBP implemented the following changes 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, including the addition of the 600 series ECCNs; (2) renamed the country Swaziland to Eswatini in the AES; and (3) removed the BIS license codes C32, C49, C55, and C56. The Census Bureau also revised the FTR to clarify the split shipment requirements (82 FR 18383) and the collection of the Kimberley Process Certificates (83 FR 17749). Additionally, the Census Bureau revised language in the FTR to reflect the implementation of the International Trade Data System, in accordance with the Executive Order 13659, Streamlining the Export/Import Process for America's Businesses. These revisions made should not affect the average three-minute response time for the completion of the AES record: The Original ITN is an optional data element and filers will only report it when they choose to provide CBP with additional information about the export shipment; The Ultimate Consignee Type was added for the BIS for export enforcement purposes and is information that filers should know based on BIS's ``Know Your Customer'' guidance; The revision to the ECCNs and License Codes modified selections for fields that already exist. Currently, the Census Bureau is drafting a Notice of Proposed Rulemaking (NPRM) to clarify the responsibilities of parties participating in routed and standard export transactions. The Census Bureau published an Advance Notice of Proposed Rulemaking (ANPRM) on October 6, 2017 (82 FR 46739) soliciting comments on the clarity, usability, and any other matters of interest to the trade community and the public related to the regulatory requirements for routed transactions. The Census Bureau considered all comments received in response to the ANPRM in drafting the NPRM. The NPRM potentially would propose revisions and add several key terms used in the regulatory provision of these transactions, including authorized agent, forwarding agent, standard export transaction and written release. While revisions to the FTR are necessary to improve clarity to the filing requirements for the routed export transaction, it is critical for the Census Bureau to ensure that any revisions made to the FTR will allow for the continued collection and compilation of accurate trade statistics. Additionally, it is important that the responsibilities of the U.S. Principal Party in Interest (USPPI) and the U.S. authorized agent are clearly defined to ensure that the Electronic Export Information is filed by the appropriate party to prevent receiving duplicate filings or in some cases, no filings. The changes proposed in the NPRM will not have an impact on the reporting burden of the export trade community. The information collected via the 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 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 U.S. Federal Government uses every data element on the AES record. The Census Bureau published the Final Rule ``Foreign Trade Regulations (FTR): Clarification on Filing Requirements'' on April 19, 2017 (82 FR 18383) to update the language in the Foreign Trade Regulations to reflect the implementation of the International Trade Data System (ITDS). The ITDS was established to eliminate the redundant information collection requirements, efficiently regulate the flow of commerce, and effectively enforce laws and regulations relating to international trade. ITDS 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, this 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 [[Page 63154]] authority to enforce the FTR to the BIS's Office of Export Enforcement and the Department of Homeland Security's CBP and Immigrations and Customs Enforcement. 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 by the U.S. Department of State for the exports of munitions; and the validation of the Kimberly Process Certificate for the exports of rough diamonds. Other Federal agencies use these data to develop the components of the merchandise trade figures used to calculate the balance of payments and Gross Domestic Product accounts; 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. Export statistics collected from the AES aid state governments, 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. A collaborative effort among the Census Bureau, the National Governors' Association and other data users resulted in the development of export statistics using the state of origin 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. 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, Businesses. Frequency: On occasion. Respondent's Obligation: Mandatory. Legal Authority: Title 13 United States Code, Chapter 9, Section 301. 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 Lead PRA Officer, Office of the Chief Information Officer, Commerce Department. [FR Doc. 2018-26538 Filed 12-6-18; 8:45 am] BILLING CODE 3510-07-P
![63152 Federal Register / Vol. 83, No. 235 / Friday, December 7, 2018 / Notices
single-establishment firms in the sample kind of business or activity. The capital expenditures for robotic
were asked to report on the MA– question will pre-list suggested six-digit equipment.
10000(S). In 2014, approximately 3,000 NAICS codes and descriptions for each
g. Item 29, Burden Estimate
out of 51,000 sampled establishments establishment. The respondent will
received the MA–10000(S). This change have the option to select the pre-listed Firms will be asked to provide an
will impact less than 6% of NAICS that describes their principal estimate of how long it took to complete
respondents. The MA–10000(S) was an business activity or to ‘‘write-in’’ their the MA–10000 questionnaire. Responses
abbreviated version of the MA– principal business activity if the pre- to this question will be used to re-
10000(L), and collected significantly listed NAICS does not apply. Adding evaluate the burden hours we impose on
less detailed data. Data not collected on this question will help the Census respondents, given the various question
the MA–10000(S) were imputed. Bureau identify out-of-scope additions, changes and deletions we are
Imputation rates and estimates will establishments that do not conduct making. The Census Bureau will submit
improve by eliminating the MA– manufacturing activities and a nonsubstantive change request to
10000(S). The MA–10000(L) will be establishments which are classified in revise the burden of this collection if
renamed MA–10000 and all ASM an incorrect manufacturing industry. analysis indicates a change. Efforts to
establishments will be required to analyze paradata to assess burden are
d. Change in Item 22, Product
complete the MA–10000. currently being evaluated. ASM
The 2018 ASM will include two Classification
instrument paradata shows time logged-
paths. The multiple-establishment firms Previously, Item 22, Details of Sales in and patterns of movement through
will receive a questionnaire path that Shipments Receipts or Revenue was the instrument, but not time spent
includes spreadsheet functionality. collected on a NAICS basis. Beginning reviewing instructions and gathering the
Firms will be able to enter data for their with the 2018 ASM, the collection of necessary data. Nor does it provide an
locations in a form view or select the Item 22 will be based on the North indication of idle time while the
spreadsheet option. Respondents have American Product Classification System respondent is logged in. Paradata can
the ability to download, export, and (NAPCS). NAPCS is a comprehensive help the Census Bureau calculate the
import their spreadsheets. Respondents demand-based hierarchical time spent in the instrument but may
will have the option to ‘‘add locations’’ classification system for products that is not be a true reflection of respondent
if there are establishments not listed for not industry-of-origin based, but can be burden.
their firm. The path for single- linked to the NAICS industry structure, Affected Public: Businesses or other
establishment firms does not include and is consistent across the three North for-profit.
spreadsheet functionality, or the ability American countries. The primary Frequency: Annually.
to ‘‘add locations’’. The multiple- objective of this product classification Respondent’s Obligation: Mandatory.
establishment path includes change is to identify, define, and Legal Authority: Title 13 U.S.C.,
instructions and a question related to classify the outputs produced and Sections 131 and 182.
interplant transfers; single- transacted (sold, transferred, or placed This information collection request
establishment firms do not have in inventory) by the reporting units may be viewed at www.reginfo.gov.
interplant transfers. within each industry regardless of their Follow the instructions to view
designation (intermediate or final). Department of Commerce collections
b. Elimination of Item 5B, Exports and
https://www.census.gov/eos/www/ currently under review by OMB.
Item 11, Inventories Outside the U.S.
napcs/. Written comments and
Item 5B, Exports and Item 11, recommendations for the proposed
Inventories Outside the U.S. are no e. Elimination of Item 22,
Miscellaneous Receipts information collection should be sent
longer needed by either the within 30 days of publication of this
International Trade Administration Due to the implementation of NAPCS, notice to OIRA_Submission@
(ITA) or the Bureau of Economic it is unnecessary to collect omb.eop.gov or fax to (202)395–5806.
Analysis. The elimination of these items Miscellaneous Receipts. In previous
was not documented in the ASM pre- ASM survey years, products were Sheleen Dumas,
submission notice dated July 13, 2018, collected using only manufacturing Departmental Lead PRA Officer, Office of the
because the decision was made after the sector NAICS codes. Non-manufacturing Chief Information Officer, Commerce
notice was published in the Federal sector products, produced by Department.
Register. Eliminating collection of these manufacturing establishments were [FR Doc. 2018–26537 Filed 12–6–18; 8:45 am]
items has no impact on data users since classified as Miscellaneous Receipts, BILLING CODE 3510–07–P
these data items were not published as which included contract work, resales,
part of the ASM. Historically, exports and other. NAPCS is an economy-wide
data was used to publish the Exports solution, which allows ASM DEPARTMENT OF COMMERCE
from Manufacturing report, funded by respondents to classify out of sector
Census Bureau
ITA. This report was published by the products in valid NAPCS codes.
U.S. Census Bureau and sponsored by Submission for OMB Review;
f. Addition of Item 28, Special Inquiry
ITA. https://www.census.gov/ Comment Request
on Robotic Use
manufacturing/exports/. The Exports
from Manufacturing report was Add a new Special Inquiry, Item 28 The Department of Commerce will
discontinued by ITA in 2012, due to on basic robotic use in manufacturing to submit to the Office of Management and
amozie on DSK3GDR082PROD with NOTICES
lack of funding. gauge the prevalence of robotics use in Budget (OMB) for clearance the
the manufacturing sector across following proposal for collection of
c. Addition of Item 17, Principal different geographies and by firm size. information under the provisions of the
Business Activity Questions will be added to collect the Paperwork Reduction Act.
Item 17, Principal Business Activity number of industrial robots in Agency: U.S. Census Bureau.
on the MA–10000 will ask the operation, the number of industrial Title: Automated Export System.
respondent to identify their principal robots purchased, and the value of OMB Control Number: 0607–0152.
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![63154 Federal Register / Vol. 83, No. 235 / Friday, December 7, 2018 / Notices
authority to enforce the FTR to the BIS’s Legal Authority: Title 13 United States DEPARTMENT OF COMMERCE
Office of Export Enforcement and the Code, Chapter 9, Section 301.
Department of Homeland Security’s CBP Foreign-Trade Zones Board
This information collection request
and Immigrations and Customs may be viewed at www.reginfo.gov.
Enforcement. The mandatory use of the [B–76–2018]
Follow the instructions to view
AES also facilitates the enforcement of
Department of Commerce collections Foreign-Trade Zone (FTZ) 70—Detroit,
the Export Administration Regulations
for the detection and prevention of currently under review by OMB. Michigan, Notification of Proposed
exports of high technology commodities Written comments and Production Activity, Fluid Equipment
to unauthorized destinations by the BIS recommendations for the proposed Development Company, LLC (Energy
and the CBP; the International Traffic in information collection should be sent Recovery Turbines and Centrifugal
Arms Regulations by the U.S. within 30 days of publication of this Pumps), Monroe, Michigan
Department of State for the exports of notice to OIRA_Submission@ The Greater Detroit Foreign-Trade
munitions; and the validation of the omb.eop.gov or fax to (202) 395–5806. Zone, Inc., grantee of FTZ 70, submitted
Kimberly Process Certificate for the a notification of proposed production
exports of rough diamonds. Sheleen Dumas,
activity to the FTZ Board on behalf of
Other Federal agencies use these data Departmental Lead PRA Officer, Office of the Fluid Equipment Development
to develop the components of the Chief Information Officer, Commerce
Company, LLC (FEDCO), located in
merchandise trade figures used to Department.
Monroe, Michigan. The notification
calculate the balance of payments and [FR Doc. 2018–26538 Filed 12–6–18; 8:45 am]
conforming to the requirements of the
Gross Domestic Product accounts; to BILLING CODE 3510–07–P regulations of the FTZ Board (15 CFR
enforce U.S. export laws and
400.22) was received on November 28,
regulations; to plan and examine export
2018.
promotion programs and agricultural DEPARTMENT OF COMMERCE The FEDCO facility is located within
development and assistance programs;
Site 77 of FTZ 70. The facility is used
and to prepare for and assist in trade Foreign-Trade Zones Board for the production of energy recovery
negotiations under the General
turbines and centrifugal pumps used in
Agreement on Tariffs and Trade. [B–49–2018] water desalination. Pursuant to 15 CFR
Collection of these data also eliminates
the need for conducting additional 400.14(b), FTZ activity would be limited
Foreign-Trade Zone (FTZ) 18—San to the specific foreign-status materials
surveys for the collection of Jose, California, Authorization of
information, as the AES shows the and components and specific finished
Production Activity, Tesla, Inc. products described in the submitted
relationship of the parties to the export (Electric Passenger Vehicles and
transaction (as required by the Bureau of notification (as described below) and
Components), Fremont and Palo Alto, subsequently authorized by the FTZ
Economic Analysis). These AES data are
California Board.
also used by the Bureau of Labor
Statistics as a source for developing the Production under FTZ procedures
On August 1, 2018, Tesla, Inc. could exempt FEDCO from customs
export price index and by the U.S.
submitted a notification of proposed duty payments on the foreign-status
Department of Transportation for
production activity to the FTZ Board for components used in export production.
administering the negotiation of
reciprocal arrangements for its facilities within FTZ 18—Subzone On its domestic sales, for the foreign-
transportation facilities between the 18G, in Fremont and Palo Alto, status materials/components noted
United States and other countries. California. below, FEDCO would be able to choose
Export statistics collected from the The notification was processed in the duty rates during customs entry
AES aid state governments, private accordance with the regulations of the procedures that apply to: Energy
sector companies, financial institutions, FTZ Board (15 CFR part 400), including recovery turbines; single-stage pumps
and transportation entities in notice in the Federal Register inviting under 2-inch discharge; single-stage
conducting market analysis and market pumps over 2-inch discharge; single-
public comment (83 FR 40226, August
penetration studies for the development stage pumps over 3-inch discharge;
14, 2018). On November 29, 2018, the
of new markets and market-share multi-stage centrifugal pumps; and,
applicant was notified of the FTZ pump spare parts (duty-free). FEDCO
strategies. A collaborative effort among Board’s decision that no further review
the Census Bureau, the National would be able to avoid duty on foreign-
of the activity is warranted at this time. status components which become scrap/
Governors’ Association and other data The production activity described in the
users resulted in the development of waste. Customs duties also could
notification was authorized, subject to possibly be deferred or reduced on
export statistics using the state of origin
the FTZ Act and the FTZ Board’s foreign-status production equipment.
reported on the AES. This information
enables state governments to focus regulations, including Section 400.14. The components and materials
activities and resources on fostering the Dated: November 29, 2018. sourced from abroad include: Steel cast
exports of goods that originate in their Andrew McGilvray, flanges; steel cast rings; steel cast cavity
states. Port authorities, steamship lines, covers; steel cast bearing holders; steel
Executive Secretary.
airlines, aircraft manufacturers, and air cast pump inlets; steel cast housings;
[FR Doc. 2018–26547 Filed 12–6–18; 8:45 am]
transport associations use these data for steel cast seal carriers; and, steel cast
amozie on DSK3GDR082PROD with NOTICES
measuring the volume and effect of air BILLING CODE 3510–DS–P impellers (duty rate 2.9%). The request
or vessel shipments and the need for indicates that the materials/components
additional or new types of facilities. are subject to special duties under
Affected Public: Individuals, Section 301 of the Trade Act of 1974
Businesses. (Section 301), depending on the country
Frequency: On occasion. of origin. The applicable Section 301
Respondent’s Obligation: Mandatory. decisions require subject merchandise
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Document Created: 2018-12-07 01:52:48
Document Modified: 2018-12-07 01:52:48
| 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 | Notices | |
| FR Citation | 83 FR 63152 |
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