[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 
<a href="/cdn-cgi/l/email-protection#dbbfb3a2b5beb09bbfb4b8f5bcb4ad"><span class="__cf_email__" data-cfemail="c8aca0b1a6ada388aca7abe6afa7be">[email protected]</span></a>).
    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 (<a href="/cdn-cgi/l/email-protection#bad8d2dbc8c8d3c9d1fad5d7d894dfd5ca94ddd5cc"><span class="__cf_email__" data-cfemail="ea88828b9898839981aa858788c48f859ac48d859c">[email protected]</span></a>).

    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


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