[Federal Register Volume 80, Number 26 (Monday, February 9, 2015)]
[Rules and Regulations]
[Pages 6900-6902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-02520]


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DEPARTMENT OF COMMERCE

Bureau of the Census

15 CFR Part 30

[Docket Number: 140626542-4999-02]
RIN 0607-AA52


Foreign Trade Regulations (FTR): Clarification on Uses of 
Electronic Export Information

AGENCY: Bureau of the Census, Commerce.

ACTION: Final rule.

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SUMMARY: The Bureau of the Census (Census Bureau) issues this final 
rule amending the Foreign Trade Regulations (FTR) to reflect changes 
related to the implementation of the International Trade Data System 
(ITDS) and subsequent changes to access the Electronic Export 
Information (EEI). The ITDS was established to eliminate redundant 
information requirements, efficiently regulate the flow of commerce, 
and to effectively enforce laws and regulations relating to 
international trade by establishing a

[[Page 6901]]

single portal system for the collection and distribution of standard 
electronic import and export data required by all participating federal 
agencies. The Automated Export System (AES), which is a part of the 
Automated Commercial Environment (ACE), will include export information 
collected under other federal agencies' authority, which is subject to 
those agencies' disclosure mandates. This rule clarifies the 
confidentiality provisions of the EEI and facilitates the legitimate 
sharing of export data consistent with the goals for the ITDS. On 
August 22, 2014, the Census Bureau published this rule on an interim 
final basis. The Census Bureau is finalizing this rule without change.

DATES: Effective date: This rule is effective February 9, 2015. The 
interim rule published on August 22, 2014 (79 FR 49659), became 
effective August 22, 2014.

FOR FURTHER INFORMATION CONTACT: Dale C. Kelly, Chief, International 
Trade Management Division, U.S. Census Bureau, 4600 Silver Hill Road, 
Room 6K032, Washington, DC 20233-6700, by phone (301) 763-6937, by fax 
(301) 763-8835, or by email [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The Census Bureau is responsible for collecting, compiling, and 
publishing export trade statistics for the United States under the 
provisions of Title 13, United States Code (U.S.C.), Chapter 9, Section 
301. The Automated Export System (AES) is the primary instrument used 
for collecting export trade data, which are used by the Census Bureau 
for statistical purposes. Through the AES, the Census Bureau collects 
the Electronic Export Information (EEI), the electronic equivalent of 
the export data formerly collected on the Shipper's Export Declaration, 
reported pursuant to Title 15, Code of Federal Regulations (CFR), Part 
30. The EEI consists of data elements set forth in 15 CFR 30.6 for an 
export shipment, and includes information such as the exporter's name, 
address and identification number, and detailed information concerning 
the exported product. Other agencies use the EEI for the purpose of 
enforcing U.S. export laws and regulations. The EEI is exempt from 
public disclosure unless the Secretary of Commerce determines under the 
provisions of Title 13, U.S.C., Chapter 9, Section 301(g) that such 
exemption would be contrary to the national interest.
    The Security and Accountability for Every Port Act of 2006 (SAFE 
Port Act, Pub. L. 109-347) established the International Trade Data 
System (ITDS). Pursuant to Section 405(d) of that Act, the purpose of 
the ITDS is to eliminate redundant information requirements, 
efficiently regulate the flow of commerce, and to effectively enforce 
laws and regulations relating to international trade by establishing a 
single portal system for the collection and distribution of standard 
electronic import and export data required by all participating federal 
agencies. The AES will include export information collected under other 
federal agencies' authority, which is subject to those agencies' 
disclosure mandates. Access and use of EEI by other federal agencies 
will also increase under the ITDS.
    In accordance with the interim final rule published on August 22, 
2014, this rule clarifies the confidentiality provisions of the EEI by 
amending Sec.  30.60 of the Foreign Trade Regulations. This revision 
will allow federal agencies with appropriate authority to access export 
data in the AES, and ensure consistency with the Executive Order of 
February 19, 2014, titled, ``Streamlining the Export/Import Process for 
America's Businesses.'' This rule will facilitate the legitimate 
sharing of export data consistent with the goals for the ITDS.

Summary of Comments and Responses

    The Census Bureau received two comments on the interim final rule 
published in the Federal Register on August 22, 2014 (79 FR 49659). A 
summary of the comments and the Census Bureau's responses are provided 
below.
    The major concerns were as follows:
    1. Clarify if exporters are prohibited from sending Electronic 
Export Information (EEI) to a document management company outside of 
the United States for scanning/record retention purposes. One commenter 
requested clarification on the use of foreign document management 
companies to retain EEI. The EEI may not be supplied by the USPPI, the 
authorized agent, or representative of the USPPI to foreign entities or 
foreign governments for any purpose. As a result, the EEI may not be 
supplied to a foreign document management company. However, it is 
permissible for a U.S. party to maintain its own IT system and 
application software on a server located outside of the U.S. In this 
situation, the U.S. party is responsible for maintaining the 
confidentiality of the EEI, must implement proper safeguards to ensure 
the EEI is protected from unauthorized use, and is liable for any 
violations of the Foreign Trade Regulations.
    2. Request to add ``foreign persons'' to Section 30.60(c)(4). One 
commenter requested that the Census Bureau add ``foreign persons'' to 
the list of parties prohibited from receiving the EEI. Section 
30.60(c)(4) prohibits ``foreign entities,'' a term which includes both 
foreign persons and companies. As a result, the previous regulations 
remain appropriate.

Rulemaking Requirements

Administrative Procedure Act

    The Census Bureau finds good cause pursuant to Title 5, United 
States Code (U.S.C.), 553 (b)(3)(B) to waive prior notice and 
opportunity for public comment, as contrary to the public interest. 
With the implementation of the International Trade Data System (ITDS), 
the Automated Export System (AES) will capture export information 
collected and used by other federal agencies under their authorities. 
The Census Bureau is undertaking this amendment in order to accurately 
reflect the authorized uses of Electronic Export Information (EEI) by 
other federal agencies resulting from the ITDS. In particular, this 
rule amends Sec.  30.60 of the Foreign Trade Regulations to help ensure 
that federal agencies with appropriate authority can access export data 
in the AES, which will ensure the efficient and timely flow of exports 
as well as protect U.S. interests in export controls and enforcement. 
Additionally, the rule complies with the directives and timelines 
established by the Executive Order of February 19, 2014, titled 
``Streamlining the Export/Import Process for America's Businesses.'' 
Allowing for a period of notice and comment may delay exports and make 
export control more difficult, both of which are contrary to public 
interest.

Regulatory Flexibility Act

    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) that this rule will not have a significant impact 
on a substantial number of small entities.
    The purpose and goal of this rule are explained in the preamble, 
and are not repeated here. This rule does not mandate any new filing 
requirements and does not directly impact any small or large entities. 
Rather, this rule's impact is largely on federal entities. Indeed, to 
the extent they will be indirectly impacted by this rule, small 
entities will see reduced burdens for exports because this rule creates 
a

[[Page 6902]]

``single window'' through which exporters can comply with export laws 
and regulations. We received no comments on the certification in the 
proposed rule; accordingly, no Regulatory Flexibility analysis is 
required and none has been prepared.

Executive Orders

    This rule has been determined to be not significant for purposes of 
Executive Orders 12866 and 13563, and has been drafted according to the 
requirements of those Executive Orders. It has also been determined 
that this rule does not contain policies with federalism implications 
as that term is defined under Executive Order 13132.

Paperwork Reduction Act

    This rule does not contain any information collection subject to 
the Paperwork Reduction Act (PRA). However, notwithstanding any other 
provision of law, no person is required to respond to, nor shall a 
person be subject to a penalty for failure to comply with, a collection 
of information subject to the requirements of the PRA, unless that 
collection of information displays a current, valid Office of 
Management and Budget (OMB) control number.

List of Subjects in 15 CFR Part 30

    Economic statistics, Exports, Foreign trade, Reporting, and 
recordkeeping requirements.

    Accordingly, as discussed above, the interim final rule amending 
title 15, Code of Federal Regulations, part 30, which was published at 
79 FR 49659 on August 22, 2014, is adopted as a final rule without 
change.

    Dated: January 30, 2015.
John H. Thompson,
Director, Bureau of the Census.
[FR Doc. 2015-02520 Filed 2-6-15; 8:45 am]
BILLING CODE 3510-07-P