[Federal Register Volume 85, Number 181 (Thursday, September 17, 2020)]
[Proposed Rules]
[Pages 58016-58018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19986]


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DEPARTMENT OF COMMERCE

Bureau of the Census

15 CFR Part 30

[Docket Number: 200810-0213]
RIN 0607-AA58


Foreign Trade Regulations (FTR): Request for Public Comments on 
the Overall Impact of the Removal of Electronic Export Information 
(EEI) Filing Requirements for Shipments Between the United States and 
Puerto Rico and the U.S. Virgin Islands

AGENCY: Bureau of the Census, Commerce Department.

ACTION: Advance notice of proposed rulemaking.

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SUMMARY: The Bureau of the Census (Census Bureau) is seeking public 
comments on its consideration to remove the Electronic Export 
Information (EEI) filing requirement for shipments between the United 
States and Puerto Rico and the U.S. Virgin Islands. For many years, the 
Census Bureau has received requests, from both the government of Puerto 
Rico and members of the international trade community, to eliminate the 
requirement to file EEI for shipments between the United States and 
Puerto Rico in the Automated Export System. One of the reasons for 
requesting removal of the filing requirement is that it seems to treat 
Puerto Rico like a foreign country, when in fact Puerto Rico is a U.S. 
territory and part of the

[[Page 58017]]

U.S. customs area. Arguments have also been made that the requirement 
imposes a burden on what should be treated as interstate commerce, 
discourages manufacturers in the 50 states to ship to Puerto Rico, and 
impedes economic development on the island. However, removal of the 
filing requirement could impact the quality and availability of key 
federal statistics. The Census Bureau is requesting information to 
assess potential impacts of a regulatory change in the filing 
requirements and to identify stakeholder priorities for data quality 
and availability.

DATES: Written comments must be received on or before November 16, 
2020.

ADDRESSES: You may submit comments by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
The identification number for this rulemaking is identified by RIN 
number 0607-AA58; or
     By email directly to [email protected]. Include 
RIN number 0607-AA58 in the subject line.
    All comments received are part of the public record. No comments 
will be posted to http://www.regulations.gov for public viewing until 
after the comment period has closed. Comments will generally be posted 
without change. All Personally Identifiable Information (for example, 
name and address) voluntarily submitted by the commenter may be 
publicly accessible. Do not submit confidential business information or 
otherwise sensitive or protected information.

FOR FURTHER INFORMATION CONTACT: Lisa E. Donaldson, Division Chief, 
Economic Management Division, Census Bureau, 4600 Silver Hill Road, 
Room 6K064, Washington, DC 20233-6010, by phone (301) 763-7296, 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. For these statistics, the Census Bureau uses data from the 
Electronic Export Information (EEI) filings in the Automated Export 
System. Trade between the United States and its territories is 
considered domestic and therefore statistics on such trade are not 
tabulated as a part of the Census Bureau foreign trade statistics. 
Collecting and compiling trade statistics between the United States, 
Puerto Rico, and other territories is, however, part of the Census 
Bureau's monthly processing of EEI. Ultimately, these statistics are 
published in the FT-895 report, ``U.S. Trade with Puerto Rico and U.S. 
Possessions.'' This annual report presents total quantity and value of 
commodities shipped between the United States, Puerto Rico, and U.S. 
possessions, including the U.S. Virgin Islands.
    Data on trade between the United States and its territories is used 
by other government agencies and private organizations. For example, 
the Bureau of Economic Analysis (BEA), within the U.S. Department of 
Commerce, uses the data to compile the U.S. Gross Domestic Product 
(GDP), one of the most anticipated economic indicators and the primary 
measure of the nation's economy. The BEA also uses the data in its 
initiative to estimate Puerto Rico GDP statistics, which are 
anticipated in 2020. Given the magnitude of Puerto Rico trade with 
states, estimates of Puerto Rico GDP would be significantly compromised 
without the trade data from the filings. The Puerto Rico Planning 
Board, tasked with overseeing and promoting development in Puerto Rico, 
uses the trade statistics to produce statistical reports for the Puerto 
Rican government and businesses to make sound policy and business 
decisions, respectively.
    Although eliminating the mandatory requirement to file EEI for 
shipments between the United States and Puerto Rico would remove an 
additional step in the shipping process, there would be other 
implications associated with this change. For example, the loss of data 
involving petroleum trade between the United States and Puerto Rico is 
a concern for the Department of Energy. There is currently no other 
source of information or method for tracking trade flows of oil and 
other energy-related commodities between the United States and Puerto 
Rico. The U.S. statistical system does not measure state-to-state 
imports and exports, only trade between states and the rest of the 
world.
    There is no alternative data source to collect this information 
because Puerto Rico is not included in many other Census Bureau 
economic surveys. The Census Bureau is exploring options to include 
Puerto Rico in existing surveys to mitigate the significant loss of 
information about the economy of Puerto Rico that would result from 
eliminating the filing requirement. However, using other existing 
surveys to collect data on the economy of Puerto Rico would not result 
in the same data set that is currently available.
    Through this notice, the Census Bureau is seeking public comments 
to assess the overall impact that the removal of the filing requirement 
for shipments between the United States and Puerto Rico would have on 
the availability and quality of statistical data, as well as on trade. 
The Census Bureau also welcomes comments on the potential impact of a 
similar filing requirement removal for shipments between the United 
States and the U.S. Virgin Islands.

Request for Comments

    The Census Bureau is seeking public comments in order to assess the 
possible impact on statistics, data users, and businesses of removal of 
the filing requirement, and to identify any other possible impacts. 
Considering the known positive and negative impacts of removing the 
filing requirement, below are questions to consider when providing 
feedback to this proposed rule. Any pertinent feedback not captured by 
these questions is also welcome.
    1. What Census Bureau statistical data on shipments between the 50 
states and Puerto Rico (e.g., the FT-895 U.S. Trade with Puerto Rico 
and U.S. Possessions publications and digital datasets) are useful and 
how are they useful?
    2. What information in the Census Bureau's statistical data on 
shipments between the 50 states and Puerto Rico is most relevant? What 
characteristics of data on trade for Puerto Rico are most relevant 
(e.g., consistency and comparability, timeliness, monthly publication)?
    3. The Congressional Task Force on Economic Growth in Puerto Rico 
requested an assessment of whether alternative datasets could be used, 
with or without modification, to achieve the same statistical objective 
of the current reporting requirement for Puerto Rico, while imposing a 
lesser burden on businesses. Are there additional or alternative 
datasets that you believe could be used for this assessment?
    4. If the EEI reporting requirement were eliminated and replaced by 
an alternative data collection intended to reduce burden, which 
information should be considered essential for inclusion in that 
alternative collection?
    5. Shipments from the 50 states to the U.S. Virgin Islands have a 
similar filing requirement that enables the Census Bureau to produce 
trade statistics for shipments from the 50 states to the U.S. Virgin 
Islands (also included in the FT-895). Do you have any feedback on 
these statistical products, the information provided in them, and 
possible alternative datasets that would achieve

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the same statistical objective as the current reporting requirement, if 
the reporting requirement for the U.S. Virgin Islands also was 
eliminated?
    Steven D. Dillingham, Director, Bureau of the Census, approved the 
publication of this Notice in the Federal Register.

    Dated: September 4, 2020.
Sheleen Dumas,
Department PRA Clearance Officer, Office of the Chief Information 
Officer, Commerce Department.
[FR Doc. 2020-19986 Filed 9-16-20; 8:45 am]
BILLING CODE 3510-07-P