[Federal Register Volume 76, Number 15 (Monday, January 24, 2011)]
[Notices]
[Pages 4089-4091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-1321]


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DEPARTMENT OF COMMERCE

Census Bureau


Proposed Information Collection; Comment Request; Automated 
Export System (AES) Program

AGENCY: U.S. Census Bureau.

ACTION: Notice.

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SUMMARY: The Department of Commerce, as part of its continuing effort 
to reduce paperwork and respondent burden, invites the general public 
and other Federal agencies to take this opportunity to comment on 
proposed and/or continuing information collections, as required by the 
Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 
3506(c)(2)(A)).

DATES: To ensure consideration, written comments must be submitted on 
or before March 25, 2011.

ADDRESSES: Direct all written comments to Diana Hynek, Departmental 
Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th 
and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet 
at [email protected]).

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
instructions on how to complete the collection instrument should be 
directed to Joe A. Cortez, Chief, Regulations, Outreach and Education 
Branch, U.S. Census Bureau, 4600 Silver Hill Road, Room 6K125, 
Washington, DC 20233-6700, (301) 763-1413, by fax (301) 763-8835 or via 
the Internet at [email protected].

SUPPLEMENTARY INFORMATION:

I. Abstract

    The Automated Export System (AES), is the instrument used for 
collecting export trade information. The data collected from this 
source is compiled by the U.S. Census Bureau and functions as the basis 
for the official U.S. export trade statistics. These statistics are 
used to determine the balance of international trade, and are also 
designated for use as a principal economic indicator. Title 13, United 
States Code (U.S.C.), Chapter 9, Section 301 authorizes the Census 
Bureau to collect, compile and publish export trade data. Title 15, 
Code of Federal Regulations (CFR), Part 30, contains the regulatory 
provisions for preparing and filing the AES record. These data are used 
in the development of U.S. Government policies that affect the economy. 
These data also enable U.S. businesses to develop practical export 
marketing strategies as well as provide a means for the assessment of 
the impact of exports on the domestic economy. 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 Foreign Trade Regulations (FTR) were published on June 2, 2008, 
and were implemented September 30, 2008. These regulations require the 
mandatory filing of export information through the AES or AESDirect. 
Currently, the Foreign Trade Regulations are being amended to reflect 
new export reporting requirements.
    The Census Bureau plans to publish a Notice of Proposed Rule (NPR) 
addressing these changes and giving the

[[Page 4090]]

public opportunity to comment on the proposed changes. 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 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, Part 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.
    Data that will be captured based on these new export reporting 
requirements are essential in compiling complete and accurate export 
statistics, as well as strengthening export controls. In spite of new 
filing requirements, the overall time per response will remain at 3 
minutes per AES filing. The additional time required to complete the 
AES record is offset by technological advances made to the AES along 
with filers' heightened knowledge of the filing requirements and system 
functionality since the implementation of mandatory electronic filing 
in 2008.

II. Method of Collection

    An electronic AES record is required, with certain exceptions, for 
all export shipments valued more than $2,500 per Schedule B from the 
United States, including Foreign Trade Zones located therein, Puerto 
Rico, and the U.S. Virgin Islands to foreign countries; for exports 
between the United States and Puerto Rico; and for exports to the U.S. 
Virgin Islands from the United States or Puerto Rico. The AES record is 
required for the export of rough diamonds and all exports requiring a 
license from any other government agency or license exemption from the 
Department of State, regardless of value. The AES record is also 
required for exports with a license exception from the Bureau of 
Industry and Security when valued over $2,500 per Schedule B. The AES 
program is unique among Census Bureau statistical collections since it 
is not sent to respondents to solicit responses, as is the case with 
surveys. Filing export information via the AES is a mandatory process 
under Title 13, Chapter 9, U.S.C. Exporters can access the AES via the 
Census Bureau's free Internet-based system, AESDirect, or they can 
integrate the AES into their company's computer network and file 
directly with the U.S. Customs and Border Protection (CBP).
    For exports to Canada, a Memorandum of Understanding (MOU) signed 
by the CBP, Canada Border Services Agency, and statistical agencies in 
the United States and Canada enables the United States to substitute 
Canadian import statistics for U.S. export statistics. Similarly, in 
accordance with the MOU, Canada substitutes U.S. import statistics for 
Canadian exports to the United States. This exchange of data eliminates 
the requirement for U.S. exporters to file any information with the 
U.S. Government for exports of nonlicensed shipments to Canada, thus 
resulting in the elimination of over nine million AES records annually. 
Export shipments to Canada of rough diamonds, used vehicles, household 
goods or those that require a license must be filed through the AES. 
Also, export shipments from the United States through Canada destined 
to a country other than Canada require an AES record.
    U.S. principal parties in interest (USPPI) or authorized agents 
file electronic export information via the AES prior to the export of 
the shipment. The proof of filing citation received from the AES must 
be noted on the commercial loading documents upon arrival of the 
shipment at the port of export. In instances where the AES filing is 
not required, the proper exemption legend must be noted on the 
commercial loading documents.
    The AES enables the government to significantly improve the 
quality, timeliness, and coverage of export statistics. Since July 
1995, the Census Bureau and the CBP have utilized the AES to improve 
the reporting of export trade information, customer service, compliance 
with and enforcement of export laws, and provide paperless reports of 
export information. The AES also enables the U.S. Government to 
increase its ability to prevent the export of certain items by 
unauthorized parties, to unauthorized destinations and end users 
through electronic filing.

III. Data

    OMB Control Number: 0607-0152.
    Form Number: Automated Export System (AES) submissions.
    Type of Review: Regular submission.
    Affected Public: Exporters, Forwarding agents, Export Carriers.
    Estimated Number of Respondents: 288,747.
    Estimated Time per Response: 3 minutes for AES Submission.
    Estimated Total Annual Burden Hours: 791,607.
    Estimated Total Annual Cost: $14,185,597.
    Respondent's Obligation: Mandatory.
    Legal Authority: Title 13 United States Code, Chapter 9; Public Law 
107-228 Foreign Relations Authorization Act.

IV. Request for Comments

    Comments are invited on: (a) Whether the proposed collection of 
information

[[Page 4091]]

is necessary for the proper performance of the functions of the agency, 
including whether the information shall have practical utility; (b) the 
accuracy of the agency's estimate of the burden (including hours and 
cost) of the proposed collection of information; (c) ways to enhance 
the quality, utility, and clarity of the information to be collected; 
and (d) ways to minimize the burden of the collection of information on 
respondents, including through the use of automated collection 
techniques or other forms of information technology.
    Comments submitted in response to this notice will be summarized 
and/or included in the request for OMB approval of this information 
collection; they also will become a matter of public record.

    Dated: January 19, 2011.
Glenna Mickelson,
Management Analyst, Office of the Chief Information Officer.
[FR Doc. 2011-1321 Filed 1-21-11; 8:45 am]
BILLING CODE 3510-07-P