[Federal Register Volume 88, Number 24 (Monday, February 6, 2023)]
[Notices]
[Pages 7680-7681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02471]



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DEPARTMENT OF COMMERCE

Census Bureau


Agency Information Collection Activities; Submission to the 
Office of Management and Budget (OMB) for Review and Approval; Comment 
Request; Automated Export System (AES)

    The Department of Commerce will submit the following information 
collection request to the Office of Management and Budget (OMB) for 
review and clearance in accordance with the Paperwork Reduction Act of 
1995, on or after the date of publication of this notice. We invite the 
general public and other Federal agencies to comment on proposed, and 
continuing information collections, which helps us assess the impact of 
our information collection requirements and minimize the public's 
reporting burden. Public comments were previously requested via the 
Federal Register on November 21, 2022, during a 60-day comment period. 
This notice allows for an additional 30 days for public comments.
    Agency: U.S. Census Bureau, Department of Commerce.
    Title: Automated Export System (AES).
    OMB Control Number: 0607-0152.
    Form Number(s): Automated Export System (AES).
    Type of Request: Regular submission, Request for Extension without 
change of a currently approved collection.
    Number of Respondents: 17,025,219.
    Average Hours per Response: 3 minutes per AES transaction.
    Burden Hours: 851,261.
    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. With this submission, the Census 
Bureau is requesting continued clearance of the AES program.
    The AES is the primary instrument used for collecting export trade 
data, which are used by the Census Bureau for statistical purposes. The 
AES 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 Foreign Trade Regulations (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 (FT-900) Press Release, a 
principal federal economic indicator, and a primary component of the 
Gross Domestic Product. The published export data enable the private 
and public sector to develop practical marketing strategies as well as 
provide a means to assess the impact of exports on the domestic 
economy. These data are used in the development of U.S. government 
economic and foreign trade policies, including export control purposes 
under the Export Control Reform Act of 2018, 50 U.S.C. 4801-4852. The 
Bureau of Industry and Security (BIS), U.S. Customs and Border 
Protection (CBP), and other enforcement agencies use these data to 
detect and prevent the export of certain items by unauthorized parties 
to unauthorized destinations or end users.
    In order to publish accurate export trade statistics, the Census 
Bureau is responsible for maintaining the FTR, which implements the 
provisions for filing export information in the AES. In addition to the 
publication of the FT-900, the Census Bureau releases data on imports 
of steel mill products in advance of the regular monthly trade 
statistics release. This exception to the normal procedure was 
initially approved by the OMB in January 1999 and had been subsequently 
extended annually through means of a separately submitted memo. This 
exception has permitted the public release of preliminary monthly data 
on imports of steel under the provisions of the OMB's Statistical 
Policy Directive No. 3 on the Compilation, Release and Evaluation of 
Principal Federal Economic Indicators. With the revision to the AES 
Program in 2019, the Census Bureau eliminated the need for an annual 
approval from OMB since it is included in the Information Collection 
Request (ICR).
    The Census Bureau has proposed a rule that could lead to a change 
in the FTR and the AES since the last OMB clearance. Specifically, the 
Census Bureau issued a Notice of Proposed Rulemaking (NPRM) in 2021 to 
propose the addition of a conditional data element, country of origin 
in the AES, and to make remedial changes to the FTR to improve clarity 
of the AES reporting requirements while correcting any errors. The 
proposed rule would require AES filers (the U.S. Principal Party in 
Interest (USPPI) or the authorized agent) to report the country of 
origin only when foreign origin goods are exported. In calendar year 
2021, 12.5 million AES records (27.5 percent) consisted of foreign 
origin commodities. At this time the Census Bureau is still reviewing 
the comments received and is having internal discussions. At the 
conclusion of the review, the Census Bureau will weigh the statistical 
need of the data to the overall impact this change will have on 
businesses in the export trade community in order to make a final 
decision on whether to add the new field. If it is determined that the 
Census Bureau will move forward with the addition of the country of 
origin, then a revision to the ICR will be made and an opportunity for 
comments will be provided. It is critical for the Census Bureau to 
ensure that any revisions made to the FTR will allow for the continued 
collection and compilation of complete, accurate and timely trade 
statistics.
    The information collected via the AES conveys what is being 
exported (description and commodity classification number); how much is 
exported (quantity, shipping weight, and value); how it is exported 
(method of transport, exporting carrier, and whether containerized); 
who the parties to the transaction are (USPPI, authorized agent, and 
intermediate and ultimate consignees); 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). 
Profile information on the USPPI and the authorized agent provides a 
contact for verification of the information.
    The data collected from the AES serves as the official record of 
export transactions and is used by the U.S. Federal Government and the 
private sector. The Federal Government uses every data element in the 
AES. The mandatory filing requirement of the export information in AES 
enables the Federal Government to produce more complete, accurate and 
timely export statistics. 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 CBP and Homeland Security 
Investigations (HSI). The mandatory use of the AES also facilitates the 
enforcement by the BIS of the Export Administration Regulations for the 
detection and prevention of exports of national security sensitive 
commodities to unauthorized destinations; the

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enforcement by the CBP of the U.S. Department of State's International 
Traffic in Arms Regulations for the exports of defense articles; the 
validation by the Census Bureau of the Kimberly Process Certificate for 
the exports of rough diamonds; and enforcement and compliance by other 
federal agencies (i.e., Environmental Protection Agency, Drug 
Enforcement Agency, etc.) of regulations pertaining to export 
requirements.
    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 Gross Domestic Product accounts to evaluate the effects 
of the value of U.S. exports; and to prepare for and assist in trade 
negotiations under the General Agreement on Tariffs and Trade. 
Collection of these data also eliminates the need for conducting 
additional surveys for the collection of information because the AES 
shows the relationship of the parties to the export transaction (as 
required by the Bureau of Economic Analysis (BEA). The Bureau of Labor 
Statistics also uses the AES data 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 U.S. and other countries. 
Additionally, 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. This information enables state governments to 
focus activities and resources on fostering the exports of goods that 
originate in their states.
    The International Trade Administration relies heavily on the 
preliminary import statistics of steel mill products provided by the 
Census Bureau. As a part of the Government's steel initiative, the 
Department of Commerce was instructed by the Administration to monitor 
steel imports. The early release of preliminary statistics on steel 
mill imports allows the steel industry to identify trends and potential 
shifts in trade patterns and take appropriate action. A variety of 
parties, including government officials and the public with an interest 
in imports of steel products continue to use this monitoring system 
heavily. The FTR, Subpart F addresses the general requirements for 
filing import entries with CBP in the ACE in accordance with 19 CFR, 
which is the source of the import data on steel mill products.
    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, 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 organizations.
    Frequency: On occasion.
    Respondent's Obligation: Mandatory.
    Legal Authority: Title 13 United States Code, Chapter 9, Section 
301.
    This information collection request may be viewed at 
www.reginfo.gov. Follow the instructions to view the Department of 
Commerce collections currently under review by OMB.
    Written comments and recommendations for the proposed information 
collection should be submitted within 30 days of the publication of 
this notice on the following website www.reginfo.gov/public/do/PRAMain. 
Find this particular information collection by selecting ``Currently 
under 30-day Review--Open for Public Comments'' or by using the search 
function and entering either the title of the collection or the OMB 
Control Number 0607-0152.

Sheleen Dumas,
Department PRA Clearance Officer, Office of the Chief Information 
Officer, Commerce Department.
[FR Doc. 2023-02471 Filed 2-3-23; 8:45 am]
BILLING CODE 3510-07-P