[Federal Register Volume 88, Number 180 (Tuesday, September 19, 2023)]
[Notices]
[Pages 64407-64408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20227]


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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).
    With this submission, the Census Bureau is requesting continued 
clearance of the AES program as a result of the publication of a final 
rule in the Federal Register on August 10, 2023 (88 FR 54234) adding a 
conditional data element to the AES called the Directorate of Defense 
Trade Controls Category XXI Determination Number. The final rule will 
require on the effective date of November 8, 2023 AES filers (the U.S. 
Principal Party in Interest (USPPI) or the authorized agent) to report 
the DDTC Category XXI Determination Number only when the DDTC United 
States Munitions List (USML) Category XXI is selected in the DDTC USML 
Category Code field in the AES. In calendar year 2022, 156,195 (0.6%) 
AES records consisted of USML Category XXI commodities.
    The Census Bureau published a notice of proposed rulemaking in the 
Federal Register on May 3, 2023 (88 FR 27815) inviting public comments 
on our plans to add the conditional data element. The Census Bureau 
gave the public 60 days to comment, and at the conclusion of the 60 
days, no comments were received. In the final rule published on August 
10, 2023, the Census Bureau sought public comments regarding: whether 
this proposed collection of information is necessary for the proper 
performance of the functions of the agency, including whether the 
information shall have practical utility; the accuracy of the burden 
estimate; ways to enhance the quality, utility, and clarity of the 
information to be collected; and ways to minimize the burden of the 
collection of information, including through the use of automated 
collection techniques or other forms of information technology.
    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

[[Page 64408]]

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 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 Under Secretary for 
Economic Affairs, Commerce Department.
[FR Doc. 2023-20227 Filed 9-18-23; 8:45 am]
BILLING CODE 3510-07-P