[Federal Register Volume 76, Number 69 (Monday, April 11, 2011)]
[Notices]
[Pages 19973-19974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8472]
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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 (AES).
OMB Control Number: 0607-0152.
Form Number(s): AES, AESDirect, AESWeblink.
Type of Request: Revision of a currently approved collection.
Burden Hours: 791,607.
Number of Respondents: 288,747.
Average Hours per Response: 3 minutes per AES record.
Needs and Uses: The Census Bureau requires mandatory filing of all
export information via the Automated Export System (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 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 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).
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 information collected via the AES shows what is being exported
(description and commodity classification number), how much is exported
(quantity, shipping weight, and value), how it is being 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 for consumption
(control purposes), while the USPPI and/or the forwarding or other
agent information provides a contact for verification of the
information.
The proposed changes will require the addition of new data elements
in the AES as well as modifications to current data elements. The
fields that will be added/modified are conditional data elements.
Therefore, these data elements will only be required if that element
applies to the specific shipment being exported. In addition, AES
filings will be mandatory for shipments of all used self-propelled
vehicles and household
[[Page 19974]]
goods regardless of value or country of destination.
The additional data elements include name and address of the end
user, and ultimate consignee type. The addition of these conditional
fields will support the export control initiative of enforcement
agencies by helping to detect and prevent the export of items by
unauthorized parties or to unauthorized destinations or end users.
However, these conditional data elements will have limited impact on
burden response time since entering information for the end user and
consignee type is based on the knowledge the exporter has at the time
of export. Therefore, if that information is not known, the filer is
not required to report the information.
Additional data elements that will be included are license
applicant address, license value, and country of origin. Also, the
equipment number field will be revised to require the container number
for all containerized cargo. For shipments where a license is required,
the address of the license applicant will be required to be reported.
The license value per commodity classification will be required to be
reported in addition to the value that is currently captured in the
AES. Currently, only six percent of records filed require a license.
For shipments where the origin of the commodity is foreign, the country
of origin will be required to be reported. Currently, 17 percent of
records filed contain goods of foreign origin. For shipments where the
method of transportation (MOT) is containerized vessel cargo, the
container number will be required to be reported in the equipment
number field. Currently, 19 percent of records filed are reported as
containerized. Individually, completing these conditional fields will
not affect respondent burden significantly. Each additional field
affects only a percentage of the shipments that are required to be
reported in the AES. The mandatory requirement to file used self-
propelled vehicles as defined in Title 19, CFR, Sec. 192.1 will
increase the number of shipments requiring an AES record by
approximately three percent. The increase in required filings for
household goods is negligible. This is due to the fact that shipments
of household goods have been historically low. Although the number of
shipments that will have to be filed will increase slightly, it is
critical to capture this information for the purposes of export control
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 revisions should not affect the average three-minute response
time for the completion of the AES record. The additional time required
to complete new fields in the AES record is offset by constant advances
in technology and heightened knowledge of filers since the
implementation of mandatory electronic filing in 2008.
The Census Bureau will allow the trade community to continue using
the current AES until the actual implementation of the revised Foreign
Trade Regulations (FTR) occurs. Implementation of the revised FTR is
expected to take place in the fourth quarter of 2011 or the first
quarter of 2012. On January 21, 2011, the Census Bureau published the
Notice of Proposed Rulemaking (RIN Number 0607-AA50) in the Federal
Register to notify the trade community of proposed revisions to the
FTR.
The information is used by the Federal Government and the private
sector. The Federal Government uses every data element on the AES
record for statistical purposes, export control, and/or to obtain data
to avoid taking additional surveys.
Data collected from the AES serves as the official record of export
transactions. In addition, the mandatory use of the AES enables the
U.S. Government to produce more accurate export statistics. Currently,
the mandatory use of the AES allows the BIS and the CBP to enforce the
Export Administration Regulations for the detection and prevention of
exports of high technology commodities to unauthorized destinations;
the enforcement of the International Traffic in Arms Regulations (ITAR)
by the U.S. Department of State; and the validation of the Kimberly
Process Certificate for the export of rough diamonds. 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
(DHS) CBP and Immigrations and Customs Enforcement (ICE).
Other Federal agencies use these data to develop the components of
the merchandise trade figures used in the calculations for the balance
of payments and GDP accounts to evaluate the effects of the value of
U.S. exports; 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 eliminate 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.
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. The information collected enables state governments to focus
activities and resources on fostering exports of the kinds 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, steamship freight conferences, 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: Business or other for-profit.
Frequency: On occasion.
Respondent's Obligation: Mandatory.
Legal Authority: Title 13, U.S.C., Chapter 9, Sections 301-307;
Title 15, Code of Federal Regulations (CFR), Part 30.
OMB Desk Officer: Brian Harris-Kojetin, (202) 395-7314.
Copies of the above information collection proposal can be obtained
by calling or writing Diana Hynek, Departmental Paperwork Clearance
Officer, (202) 482-0266, Department of Commerce, Room 6616, 14th and
Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at
[email protected]).
Written comments and recommendations for the proposed information
collection should be sent within 30 days of publication of this notice
to Brian Harris-Kojetin, OMB Desk Officer either by fax (202-395-7245)
or e-mail ([email protected]).
Dated: April 5, 2011.
Glenna Mickelson,
Management Analyst, Office of the Chief Information Officer.
[FR Doc. 2011-8472 Filed 4-8-11; 8:45 am]
BILLING CODE 3510-07-P