83 FR 63152 - Submission for OMB Review; Comment Request

DEPARTMENT OF COMMERCE
Census Bureau

Federal Register Volume 83, Issue 235 (December 7, 2018)

[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]


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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