Foreign Trade Regulations (FTR): Eliminate the Social Security Number (SSN) as an Identification Number in the Automated Export System (AES), 38914-38916 [E9-18728]
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38914
Federal Register / Vol. 74, No. 149 / Wednesday, August 5, 2009 / Rules and Regulations
nut for damage, and replacing any damaged
nut with a new or serviceable part; and
measuring the gap between the inner flange
of the outer cone (at each of the three
sections) and the end face of the axle to
determine if parts are worn, and replacing
worn parts with new or serviceable parts.
Actions and Compliance
(f) Unless already done, do the following
actions for the left and right nose wheel
attachments to the axle.
(1) Within 3 months after the effective date
of this AD, inspect the lock plate for damage
(including excessive wear) and cracking,
inspect the wheel nut for damage, and
measure the gap between the inner flange of
the outer cone and the end face of the axle
to determine if parts are worn, in accordance
with paragraph 2.B. of BAE Systems
(Operations) Limited Service Bulletin J41–
32–086, dated June 27, 2007.
(2) If, during any inspection required by
paragraph (f)(1) of this AD, any damage or
cracking of the lock plate is found, before
further flight, replace the lock plate with a
new or serviceable part, in accordance with
paragraph 2.B. of BAE Systems (Operations)
Limited Service Bulletin J41–32–086, dated
June 27, 2007.
(3) If, during any inspection required by
paragraph (f)(1) of this AD, any damage of the
wheel nut is found, before further flight,
replace the wheel nut with a new or
serviceable part, in accordance with
paragraph 2.B. of BAE Systems (Operations)
Limited Service Bulletin J41–32–086, dated
June 27, 2007.
(4) If, during any measurement required by
paragraph (f)(1) of this AD, the measured gap
size is found to be less than 0.002 inch (0.05
mm), before further flight, replace any worn
parts with new or serviceable parts, in
accordance with paragraph 2.B. of BAE
Systems (Operations) Limited Service
Bulletin J41–32–086, dated June 27, 2007.
Within 3,000 flight hours after doing the
replacement, repeat the actions for the left
and right nose wheel attachments to the axle
that are required by paragraph (f)(1) of this
AD.
(5) If, during any measurement required by
paragraph (f)(1) of this AD, the measured gap
size is equal to or more than 0.002 inch (0.05
mm), repeat the actions for the left and right
nose wheel attachments to the axle that are
required by paragraph (f)(1) of this AD
thereafter at intervals not to exceed the value
indicated in Table 1 of this AD, depending
on the exact finding. If, during any repeat
inspection, the finding has changed to
another value (see Table 1), adjust the new
interval accordingly.
srobinson on DSKHWCL6B1PROD with RULES
TABLE 1—REPEAT INSPECTION
INTERVALS
Measured gap size
0.002 inch to 0.005 inch inclusive (0.05/0.13mm) ...............
Greater than 0.005 inch to less
than or equal to 0.010 inch
(0.13/0.25mm) .......................
VerDate Nov<24>2008
16:20 Aug 04, 2009
Repeat
inspection
interval in
flight hours
500
1,000
Jkt 217001
TABLE 1—REPEAT INSPECTION
INTERVALS—Continued
Measured gap size
Repeat
inspection
interval in
flight hours
Greater than 0.010 inch to less
than or equal to 0.020 inch
(0.25/0.51mm) .......................
Greater than 0.020 inch
(0.51mm) ...............................
2,000
3,000
Note 1: Replacement of parts does not
constitute terminating action for the
inspection requirements of this AD.
FAA AD Differences
Note 2: This AD differs from the MCAI
and/or service information as follows:
Although BAE Systems (Operations) Limited
Service Bulletin J41–32–086, dated June 27,
2007, does not specify an inspection
following the replacement of the left and
right nose wheel attachment to the axle for
measurements less than 0.002 inch,
paragraph (f)(4) of this AD requires an
inspection within 3,000 flight hours after
replacing the part.
Other FAA AD Provisions
(g) The following provisions also apply to
this AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. Send
information to ATTN: Todd Thompson,
Aerospace Engineer, International Branch,
ANM–116, Transport Airplane Directorate,
FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone (425)
227–1175; fax (425) 227–1149. Before using
any approved AMOC on any airplane to
which the AMOC applies, notify your
principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as
appropriate, or lacking a principal inspector,
your local Flight Standards District Office.
(2) Airworthy Product: For any
requirement in this AD to obtain corrective
actions from a manufacturer or other source,
use these actions if they are FAA-approved.
Corrective actions are considered FAAapproved if they are approved by the State
of Design Authority (or their delegated
agent). You are required to assure the product
is airworthy before it is returned to service.
(3) Reporting Requirements: For any
reporting requirement in this AD, under the
provisions of the Paperwork Reduction Act,
the Office of Management and Budget (OMB)
has approved the information collection
requirements and has assigned OMB Control
Number 2120–0056.
Related Information
(h) Refer to MCAI European Aviation
Safety Agency Airworthiness Directive 2008–
0036, dated February 22, 2008; and BAE
Systems (Operations) Limited Service
Bulletin J41–32–086, dated June 27, 2007; for
related information.
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Fmt 4700
Sfmt 4700
Material Incorporated by Reference
(i) You must use BAE Systems (Operations)
Limited Service Bulletin J41–32–086, dated
June 27, 2007, to do the actions required by
this AD, unless the AD specifies otherwise.
(1) The Director of the Federal Register
approved the incorporation by reference of
this service information under 5 U.S.C.
552(a) and 1 CFR part 51.
(2) For service information identified in
this AD, contact BAE Systems Regional
Aircraft, 13850 McLearen Road, Herndon,
Virginia 20171; telephone 703–736–1080;
e-mail raebusiness@baesystems.com; Internet
https://www.baesystems.com/Businesses/
RegionalAircraft/index.htm.
(3) You may review copies of the service
information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the
availability of this material at the FAA, call
425–227–1221 or 425–227–1152.
(4) You may also review copies of the
service information that is incorporated by
reference at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030, or go
to: https://www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on July 22,
2009.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E9–18018 Filed 8–4–09; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of the Census
15 CFR Part 30
[Docket Number: 090422707–9708–01]
RIN 0607–AA48
Foreign Trade Regulations (FTR):
Eliminate the Social Security Number
(SSN) as an Identification Number in
the Automated Export System (AES)
AGENCY: Bureau of the Census,
Commerce Department.
ACTION: Interim final rule with request
for comments.
SUMMARY: The U.S. Census Bureau
(Census Bureau) is amending the
Foreign Trade Regulations (FTR) to
eliminate the requirement to report a
Social Security Number (SSN) as an
identification number when registering
to file and filing electronic export
information in the Automated Export
System (AES) or AESDirect. Under the
current regulations, the U.S. Principal
Party in Interest (USPPI) or U.S.
authorized agent residing or having an
E:\FR\FM\05AUR1.SGM
05AUR1
Federal Register / Vol. 74, No. 149 / Wednesday, August 5, 2009 / Rules and Regulations
office located in the United States is
required to enter an Employer
Identification Number (EIN), SSN, or
Dun and Bradstreet Number (DUNS)
when reporting export transactions in
the AES or AESDirect. An SSN is used
as an identification number principally
by filers who are individuals. DUNS are
available only to business entities, and
EINs are available to both businesses
and individuals.
Upon implementation of this Interim
Final Rule, if the USPPI or the U.S.
authorized agent who resides or has an
office located in the United States does
not have an EIN, the USPPI, or U.S.
authorized agent must obtain an EIN
through the Internal Revenue Service’s
Web site. Former SSN filers who want
to use a DUNS rather than an EIN for
identification purposes, must first
obtain an EIN from the IRS and apply
to Dun & Bradstreet for a DUNS. This
rule is being implemented to ensure that
a USPPI’s or U.S. authorized agent’s
SSN is protected in accordance with the
Privacy Act of 1974, Title 5, United
States Code, Section 552a.
DATES: Effective Date: This rule is
effective September 4, 2009.
Implementation Date: The Census
Bureau will implement provisions of
this rule December 3, 2009.
Comment Due Date: Comments on the
interim rule should be submitted in
writing to the address shown below on
or before October 5, 2009 to be
considered in the formation of the final
rule.
You may submit your
comments to: William G. Bostic, Jr.,
Chief, Foreign Trade Division, U.S.
Census Bureau, 4600 Silver Hill Road,
Room 6K032, Washington, DC 20233–
6700; by telephone at (301) 763–2255;
by fax at (301) 763–6638; or by e-mail:
william.g.bostic.jr@census.gov.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
William G. Bostic, Jr., Chief, Foreign
Trade Division, U.S. Census Bureau,
4600 Silver Hill Road, Room 6K032,
Washington, DC 20233–6700; by
telephone at (301) 763–2255; by fax at
(301) 763–6638; or by e-mail:
william.g.bostic.jr@census.gov.
SUPPLEMENTARY INFORMATION:
srobinson on DSKHWCL6B1PROD with RULES
Background
The Census Bureau is responsible for
collecting, compiling, and publishing
export and import trade statistics for the
United States under the provisions of
Title 13, United States Code (U.S.C.),
Chapter 9, Section 301(a). To implement
this responsibility, the Census Bureau
developed the Automated Export
VerDate Nov<24>2008
16:20 Aug 04, 2009
Jkt 217001
System 1 (AES), an electronic filing
system, to allow exporters to submit
certain information directly with U.S.
Customs Border and Protection (CBP)
and the Census Bureau. The AES is also
used for export control purposes to
detect and prevent the export of certain
items by unauthorized parties,
destinations or end users. Under the
FTR, 15 CFR 30.60(e), this information
is exempt from public disclosure unless
the Secretary of Commerce or his
designee, the Director of the Census
Bureau, determines that withholding
such information would be contrary to
the national interest under the
provisions of Title 13, U.S.C., Chapter 9,
Section 301(g).
Through the AES, the Census Bureau
collects Electronic Export Information
(EEI), the electronic equivalent of the
export data formerly collected on the
Shipper’s Export Declaration. EEI
consists of data elements for an export
shipment, and includes information
such as the exporter’s personal
identifying information, which includes
name, address and identification
number, and detailed information
concerning the exported product.
Pursuant to the requirements of the
Privacy Act of 1974 (5 U.S.C. 552a) and
guidance from the Office of
Management and Budget (OMB), the
Census Bureau is amending its
regulations to discontinue the collection
of the Social Security Number when
reporting EEI through the AES or other
authorized method. Upon
implementation of this rule, the AES
will no longer provide the option for
using the Social Security Number as an
identification number. All USPPIs and
U.S. authorized agents who currently
report a SSN when filing in the AES,
because they do not have or use an EIN
or DUNS number, must provide an EIN
or DUNS number for identification
purposes. EINs are available to both
businesses and individuals and can be
obtained by registering with the Internal
Revenue Service (IRS) at https://
www.irs.gov or by calling (800) 829–
4933 and following the instructions. A
DUNS number is available only to
business entities with EINs and is
available for a fee at Dun and
Bradstreet’s Web site at https://
www.dnb.com/us/.
Regulatory Changes
To ensure the confidentiality of the
USPPI’s and the U.S. authorized agent’s
personal information and to comply
with the Privacy Act of 1974 and OMB
guidance, the Census Bureau is
1 References to AES include the AESDirect, a free
online version of the AES.
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Frm 00029
Fmt 4700
Sfmt 4700
38915
amending relevant sections of the
Foreign Trade Regulations (FTR) to
specify the requirements for the
reporting of an EIN, or DUNS in place
of a Social Security Number for
identification purposes in the AES.
The Census Bureau is amending the
following sections of the FTR:
• Section 30.1(c) definition for Party
ID type is revised to eliminate the SSN.
• Sections 30.3(a) and 30.3(e) are
revised to eliminate the requirement of
reporting the SSN in the AES.
• Sections 30.6(a) and 30.6(b) are
revised to eliminate the SSN as an
option for the USPPI and U.S.
authorized agent identification number.
The U.S. Department of State and U.S.
Department of Homeland Security
concur with the provisions contained in
this Final Rule.
Rulemaking Requirements
Administrative Procedure Act
The Census Bureau finds good cause
pursuant to Title 5, United States Code,
(U.S.C.), 553(b)(B) to waive prior notice
and opportunity for public comment as
it is impracticable and contrary to the
public interest. To ensure the
confidentiality of the USPPI and the
U.S. authorized agent’s personal
information and to comply with the
Privacy Act of 1974, Title 5, U.S.C.,
Section 552a, the Census Bureau is
amending appropriate sections of the
Foreign Trade Regulations (FTR) to
eliminate the reporting of the Social
Security Number (SSN) by USPPIs and
U.S. authorized agents. If this rule were
delayed to allow for notice and
opportunity for public comment,
USPPIs and U.S. authorized agents
would continue to be required to submit
their SSN to the Census Bureau if they
do not have an EIN or DUNS. Therefore,
in order to maintain the security of
personal information, and to comply
with the Privacy Act of 1974, Title 5,
U.S.C., Section 552a, the Census Bureau
has determined that it will make this
rule effective on September 4, 2009.
Regulatory Flexibility Act
Since notice and opportunity for
comment are not required pursuant to
Title 5, U.S.C., Section 553, or any other
law, the analytical requirements of the
Regulatory Flexibility Act are
inapplicable. Therefore, a final
regulatory flexibility analysis is not
required and one has not been prepared.
Executive Orders
This rule has been determined to be
not significant for purposes of Executive
Order 12866. It has been determined
that this rule does not contain policies
E:\FR\FM\05AUR1.SGM
05AUR1
38916
Federal Register / Vol. 74, No. 149 / Wednesday, August 5, 2009 / Rules and Regulations
with Federalism implications as that
term is defined under Executive Order
13132.
Paperwork Reduction Act
The collection of information required
in this final rule has been approved by
the Office of Management and Budget
(OMB) under the Paperwork Reduction
Act (PRA). This rule amends a
collection of information subject to the
requirements of the PRA, Title 44,
U.S.C., Chapter 35, which has been
approved under OMB control number
0607–0152. The reporting and
recordkeeping burden for this
requirement is estimated at three total
burden minutes per AES filing.
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 OMB control number.
List of Subjects in 15 CFR Part 30
Economic statistics, Exports, Foreign
trade, Reporting and Recordkeeping
requirements.
■ For the reasons set out in the
preamble, Title 15, CFR part 30, is
amended as follows:
PART 30—FOREIGN TRADE
REGULATIONS
Subpart A—General Requirements
1. The authority citation for Part 30
continues to read as follows:
■
Authority: 5 U.S.C. 301; 13 U.S.C. 301–
307; Reorganization Plan 5 of 1990 (3 CFR
1949–1953 Comp., p.1004); Department of
Commerce Organization Order No. 35–2A,
July 22, 1987, as amended, and No. 35–2B,
December 20, 1996, as amended; and Public
Law 107–228, 116 Stat.1350.
2. In § 30.1 (c), revise the definition
‘‘Party ID type’’ to read as follows:
■
§ 30.1
Purpose and definitions.
*
*
*
*
*
(c) * * *
Party ID type. Identifies whether the
Party ID is an EIN, DUNS, or Foreign
Entity reported to the AES, for example,
E=EIN, D=DUNS, T=Foreign Entity.
*
*
*
*
*
3. In § 30.3, revise paragraphs (a),
(e)(1)(ii), and (e)(2)(vi) to read as
follows:
srobinson on DSKHWCL6B1PROD with RULES
■
§ 30.3 Electronic Export Information filer
requirements, parties to export
transactions, and responsibilities of parties
to export transactions.
(a) General requirements. The filer of
EEI for export transactions is either the
VerDate Nov<24>2008
16:20 Aug 04, 2009
Jkt 217001
USPPI, or the U.S. authorized agent. All
EEI submitted to the AES shall be
complete, correct, and based on
personal knowledge of the facts stated
or on information furnished by the
parties to the export transaction. The
filer shall be physically located in the
United States at the time of filing, have
an EIN or DUNS and be certified to
report in the AES. In the event that the
filer does not have an EIN or DUNS, the
filer must obtain an EIN from the
Internal Revenue Service. The filer is
responsible for the truth, accuracy, and
completeness of the EEI, except insofar
as that party can demonstrate that it
reasonably relied on information
furnished by other responsible persons
participating in the transaction. All
parties involved in export transactions,
including U.S. authorized agents,
should be aware that invoices and other
commercial documents may not
necessarily contain all the information
needed to prepare the EEI. The parties
shall ensure that all information needed
for reporting to the AES, including
correct export licensing information, is
provided to the U.S. authorized agent
for the purpose of correctly preparing
the EEI.
*
*
*
*
*
(e) * * *
(1) * * *
(ii) USPPI’s EIN or DUNS
*
*
*
*
*
(2) * * *
(vi) EIN or DUNS of the authorized
agent.
*
*
*
*
*
4. In § 30.6, revise paragraphs
(a)(1)(iii) and (b)(1)(i) to read as follows:
■
§ 30.6 Electronic Export Information data
elements.
*
*
*
*
*
(a) * * *
(1) * * *
(iii) USPPI identification number. The
USPPI shall report its own IRS EIN in
the USPPI field of the EEI. If the USPPI
has only one EIN, report that EIN. If the
USPPI has more than one EIN, report
the EIN that the USPPI uses to report
employee wages and withholdings, and
not the EIN that is used to report only
company earnings or receipts. If the
USPPI does not have an EIN, the USPPI
must obtain an EIN for reporting to the
AES. Use of another company’s or
individual’s EIN or other identification
number is prohibited. The appropriate
Party type code shall be reported
through the AES. When a foreign entity
is in the United States when the items
are purchased or obtained for export,
the foreign entity is the USPPI for filing
purposes. In such situations, the foreign
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
entity shall report a DUNS, border
crossing number, passport number, or
any number assigned by CBP.
*
*
*
*
*
(b) * * *
(1) * * *
(i) U.S. Authorized agent’s
identification number. Report the U.S.
authorized agent’s own EIN or DUNS for
the first shipment and for each
subsequent shipment. Use of another
company’s or individual’s EIN or other
identification number is prohibited. The
party ID type of agent identification
(E=EIN, D=DUNS) shall be indicated.
*
*
*
*
*
Dated: July 30, 2009.
Robert M. Groves,
Director, Bureau of the Census.
[FR Doc. E9–18728 Filed 8–4–09; 8:45 am]
BILLING CODE 3510–07–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2009–0269]
RIN 1625–AA00
Safety Zone; Sea World Labor Day
Fireworks, Mission Bay, San Diego, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a safety zone on the
navigable waters of Mission Bay in
support of the Sea World Labor Day
Fireworks. This safety zone is necessary
to provide for the safety of the
participants, crew, spectators,
participating vessels, and other vessels
and users of the waterway. Persons and
vessels are prohibited from entering
into, transiting through, or anchoring
within this safety zone unless
authorized by the Captain of the Port or
his designated representative.
DATES: This rule is effective from 8 p.m.
to 10 p.m., each day, from September 5,
2009 through September 7, 2009.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2009–
0269 and are available online by going
to https://www.regulations.gov, selecting
the Advanced Docket Search option on
the right side of the screen, inserting
USCG–2009–0269 in the Docket ID box,
pressing Enter, and then clicking on the
item in the Docket ID column. They are
also available for inspection or copying
at two locations: The Docket
E:\FR\FM\05AUR1.SGM
05AUR1
]]>Agencies
[Federal Register Volume 74, Number 149 (Wednesday, August 5, 2009)]
[Rules and Regulations]
[Pages 38914-38916]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-18728]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of the Census
15 CFR Part 30
[Docket Number: 090422707-9708-01]
RIN 0607-AA48
Foreign Trade Regulations (FTR): Eliminate the Social Security
Number (SSN) as an Identification Number in the Automated Export System
(AES)
AGENCY: Bureau of the Census, Commerce Department.
ACTION: Interim final rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The U.S. Census Bureau (Census Bureau) is amending the Foreign
Trade Regulations (FTR) to eliminate the requirement to report a Social
Security Number (SSN) as an identification number when registering to
file and filing electronic export information in the Automated Export
System (AES) or AESDirect. Under the current regulations, the U.S.
Principal Party in Interest (USPPI) or U.S. authorized agent residing
or having an
[[Page 38915]]
office located in the United States is required to enter an Employer
Identification Number (EIN), SSN, or Dun and Bradstreet Number (DUNS)
when reporting export transactions in the AES or AESDirect. An SSN is
used as an identification number principally by filers who are
individuals. DUNS are available only to business entities, and EINs are
available to both businesses and individuals.
Upon implementation of this Interim Final Rule, if the USPPI or the
U.S. authorized agent who resides or has an office located in the
United States does not have an EIN, the USPPI, or U.S. authorized agent
must obtain an EIN through the Internal Revenue Service's Web site.
Former SSN filers who want to use a DUNS rather than an EIN for
identification purposes, must first obtain an EIN from the IRS and
apply to Dun & Bradstreet for a DUNS. This rule is being implemented to
ensure that a USPPI's or U.S. authorized agent's SSN is protected in
accordance with the Privacy Act of 1974, Title 5, United States Code,
Section 552a.
DATES: Effective Date: This rule is effective September 4, 2009.
Implementation Date: The Census Bureau will implement provisions of
this rule December 3, 2009.
Comment Due Date: Comments on the interim rule should be submitted
in writing to the address shown below on or before October 5, 2009 to
be considered in the formation of the final rule.
ADDRESSES: You may submit your comments to: William G. Bostic, Jr.,
Chief, Foreign Trade Division, U.S. Census Bureau, 4600 Silver Hill
Road, Room 6K032, Washington, DC 20233-6700; by telephone at (301) 763-
2255; by fax at (301) 763-6638; or by e-mail:
william.g.bostic.jr@census.gov.
FOR FURTHER INFORMATION CONTACT: William G. Bostic, Jr., Chief, Foreign
Trade Division, U.S. Census Bureau, 4600 Silver Hill Road, Room 6K032,
Washington, DC 20233-6700; by telephone at (301) 763-2255; by fax at
(301) 763-6638; or by e-mail: william.g.bostic.jr@census.gov.
SUPPLEMENTARY INFORMATION:
Background
The Census Bureau is responsible for collecting, compiling, and
publishing export and import trade statistics for the United States
under the provisions of Title 13, United States Code (U.S.C.), Chapter
9, Section 301(a). To implement this responsibility, the Census Bureau
developed the Automated Export System \1\ (AES), an electronic filing
system, to allow exporters to submit certain information directly with
U.S. Customs Border and Protection (CBP) and the Census Bureau. The AES
is also used for export control purposes to detect and prevent the
export of certain items by unauthorized parties, destinations or end
users. Under the FTR, 15 CFR 30.60(e), this information is exempt from
public disclosure unless the Secretary of Commerce or his designee, the
Director of the Census Bureau, determines that withholding such
information would be contrary to the national interest under the
provisions of Title 13, U.S.C., Chapter 9, Section 301(g).
---------------------------------------------------------------------------
\1\ References to AES include the AESDirect, a free online
version of the AES.
---------------------------------------------------------------------------
Through the AES, the Census Bureau collects Electronic Export
Information (EEI), the electronic equivalent of the export data
formerly collected on the Shipper's Export Declaration. EEI consists of
data elements for an export shipment, and includes information such as
the exporter's personal identifying information, which includes name,
address and identification number, and detailed information concerning
the exported product.
Pursuant to the requirements of the Privacy Act of 1974 (5 U.S.C.
552a) and guidance from the Office of Management and Budget (OMB), the
Census Bureau is amending its regulations to discontinue the collection
of the Social Security Number when reporting EEI through the AES or
other authorized method. Upon implementation of this rule, the AES will
no longer provide the option for using the Social Security Number as an
identification number. All USPPIs and U.S. authorized agents who
currently report a SSN when filing in the AES, because they do not have
or use an EIN or DUNS number, must provide an EIN or DUNS number for
identification purposes. EINs are available to both businesses and
individuals and can be obtained by registering with the Internal
Revenue Service (IRS) at https://www.irs.gov or by calling (800) 829-
4933 and following the instructions. A DUNS number is available only to
business entities with EINs and is available for a fee at Dun and
Bradstreet's Web site at https://www.dnb.com/us/.
Regulatory Changes
To ensure the confidentiality of the USPPI's and the U.S.
authorized agent's personal information and to comply with the Privacy
Act of 1974 and OMB guidance, the Census Bureau is amending relevant
sections of the Foreign Trade Regulations (FTR) to specify the
requirements for the reporting of an EIN, or DUNS in place of a Social
Security Number for identification purposes in the AES.
The Census Bureau is amending the following sections of the FTR:
Section 30.1(c) definition for Party ID type is revised to
eliminate the SSN.
Sections 30.3(a) and 30.3(e) are revised to eliminate the
requirement of reporting the SSN in the AES.
Sections 30.6(a) and 30.6(b) are revised to eliminate the
SSN as an option for the USPPI and U.S. authorized agent identification
number.
The U.S. Department of State and U.S. Department of Homeland
Security concur with the provisions contained in this Final Rule.
Rulemaking Requirements
Administrative Procedure Act
The Census Bureau finds good cause pursuant to Title 5, United
States Code, (U.S.C.), 553(b)(B) to waive prior notice and opportunity
for public comment as it is impracticable and contrary to the public
interest. To ensure the confidentiality of the USPPI and the U.S.
authorized agent's personal information and to comply with the Privacy
Act of 1974, Title 5, U.S.C., Section 552a, the Census Bureau is
amending appropriate sections of the Foreign Trade Regulations (FTR) to
eliminate the reporting of the Social Security Number (SSN) by USPPIs
and U.S. authorized agents. If this rule were delayed to allow for
notice and opportunity for public comment, USPPIs and U.S. authorized
agents would continue to be required to submit their SSN to the Census
Bureau if they do not have an EIN or DUNS. Therefore, in order to
maintain the security of personal information, and to comply with the
Privacy Act of 1974, Title 5, U.S.C., Section 552a, the Census Bureau
has determined that it will make this rule effective on September 4,
2009.
Regulatory Flexibility Act
Since notice and opportunity for comment are not required pursuant
to Title 5, U.S.C., Section 553, or any other law, the analytical
requirements of the Regulatory Flexibility Act are inapplicable.
Therefore, a final regulatory flexibility analysis is not required and
one has not been prepared.
Executive Orders
This rule has been determined to be not significant for purposes of
Executive Order 12866. It has been determined that this rule does not
contain policies
[[Page 38916]]
with Federalism implications as that term is defined under Executive
Order 13132.
Paperwork Reduction Act
The collection of information required in this final rule has been
approved by the Office of Management and Budget (OMB) under the
Paperwork Reduction Act (PRA). This rule amends a collection of
information subject to the requirements of the PRA, Title 44, U.S.C.,
Chapter 35, which has been approved under OMB control number 0607-0152.
The reporting and recordkeeping burden for this requirement is
estimated at three total burden minutes per AES filing. 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 OMB
control number.
List of Subjects in 15 CFR Part 30
Economic statistics, Exports, Foreign trade, Reporting and
Recordkeeping requirements.
0
For the reasons set out in the preamble, Title 15, CFR part 30, is
amended as follows:
PART 30--FOREIGN TRADE REGULATIONS
Subpart A--General Requirements
0
1. The authority citation for Part 30 continues to read as follows:
Authority: 5 U.S.C. 301; 13 U.S.C. 301-307; Reorganization Plan
5 of 1990 (3 CFR 1949-1953 Comp., p.1004); Department of Commerce
Organization Order No. 35-2A, July 22, 1987, as amended, and No. 35-
2B, December 20, 1996, as amended; and Public Law 107-228, 116
Stat.1350.
0
2. In Sec. 30.1 (c), revise the definition ``Party ID type'' to read
as follows:
Sec. 30.1 Purpose and definitions.
* * * * *
(c) * * *
Party ID type. Identifies whether the Party ID is an EIN, DUNS, or
Foreign Entity reported to the AES, for example, E=EIN, D=DUNS,
T=Foreign Entity.
* * * * *
0
3. In Sec. 30.3, revise paragraphs (a), (e)(1)(ii), and (e)(2)(vi) to
read as follows:
Sec. 30.3 Electronic Export Information filer requirements, parties
to export transactions, and responsibilities of parties to export
transactions.
(a) General requirements. The filer of EEI for export transactions
is either the USPPI, or the U.S. authorized agent. All EEI submitted to
the AES shall be complete, correct, and based on personal knowledge of
the facts stated or on information furnished by the parties to the
export transaction. The filer shall be physically located in the United
States at the time of filing, have an EIN or DUNS and be certified to
report in the AES. In the event that the filer does not have an EIN or
DUNS, the filer must obtain an EIN from the Internal Revenue Service.
The filer is responsible for the truth, accuracy, and completeness of
the EEI, except insofar as that party can demonstrate that it
reasonably relied on information furnished by other responsible persons
participating in the transaction. All parties involved in export
transactions, including U.S. authorized agents, should be aware that
invoices and other commercial documents may not necessarily contain all
the information needed to prepare the EEI. The parties shall ensure
that all information needed for reporting to the AES, including correct
export licensing information, is provided to the U.S. authorized agent
for the purpose of correctly preparing the EEI.
* * * * *
(e) * * *
(1) * * *
(ii) USPPI's EIN or DUNS
* * * * *
(2) * * *
(vi) EIN or DUNS of the authorized agent.
* * * * *
0
4. In Sec. 30.6, revise paragraphs (a)(1)(iii) and (b)(1)(i) to read
as follows:
Sec. 30.6 Electronic Export Information data elements.
* * * * *
(a) * * *
(1) * * *
(iii) USPPI identification number. The USPPI shall report its own
IRS EIN in the USPPI field of the EEI. If the USPPI has only one EIN,
report that EIN. If the USPPI has more than one EIN, report the EIN
that the USPPI uses to report employee wages and withholdings, and not
the EIN that is used to report only company earnings or receipts. If
the USPPI does not have an EIN, the USPPI must obtain an EIN for
reporting to the AES. Use of another company's or individual's EIN or
other identification number is prohibited. The appropriate Party type
code shall be reported through the AES. When a foreign entity is in the
United States when the items are purchased or obtained for export, the
foreign entity is the USPPI for filing purposes. In such situations,
the foreign entity shall report a DUNS, border crossing number,
passport number, or any number assigned by CBP.
* * * * *
(b) * * *
(1) * * *
(i) U.S. Authorized agent's identification number. Report the U.S.
authorized agent's own EIN or DUNS for the first shipment and for each
subsequent shipment. Use of another company's or individual's EIN or
other identification number is prohibited. The party ID type of agent
identification (E=EIN, D=DUNS) shall be indicated.
* * * * *
Dated: July 30, 2009.
Robert M. Groves,
Director, Bureau of the Census.
[FR Doc. E9-18728 Filed 8-4-09; 8:45 am]
BILLING CODE 3510-07-P
