[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]
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