Foreign Trade Regulations (FTR): Clarification on Uses of Electronic Export Information, 49659-49661 [2014-19972]

Agencies

• DEPARTMENT OF COMMERCE
• Bureau of the Census

[Federal Register Volume 79, Number 163 (Friday, August 22, 2014)]
[Rules and Regulations]
[Pages 49659-49661]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-19972]


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DEPARTMENT OF COMMERCE

Bureau of the Census

15 CFR Part 30

[Docket Number: 140626542-4542-01]
RIN 0607-AA52


Foreign Trade Regulations (FTR): Clarification on Uses of 
Electronic Export Information

AGENCY: Bureau of the Census, Commerce Department.

ACTION: Interim final rule.

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SUMMARY: The U.S. Census Bureau issues this interim final rule to amend 
its regulations to reflect changes related to the implementation of the 
International Trade Data System (ITDS) and subsequent changes to the 
access to 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 
single portal system for the collection and distribution of standard 
electronic import and export data required by all participating federal 
agencies. Therefore, the Automated Export System (AES) 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.

DATES: Effective Date: This rule is effective August 22, 2014.
    Comment Due Date: Comments on the interim rule should be submitted 
in writing to the addresses shown below on or before October 21, 2014 
to be considered in the formation of the final rule.

ADDRESSES: Please direct all written comments on this interim final 
rule to the Chief, Foreign Trade Division, U.S. Census Bureau, Room 
6K032, Washington, DC 20233-6010. You may also submit comments, 
identified by RIN number 0607-AA52 or by the eRulemaking docket number 
USBC-2014-0002, to the Federal e-Rulemaking Portal: https://www.regulations.gov. All comments received are part of the public 
record. No comments will be posted to https://www.regulations.gov for 
public viewing until after the comment period has closed. Comments will 
generally be posted without change. All Personal Identifying 
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. 
The Census Bureau will accept anonymous comments (enter N/A in the 
required fields, if you wish to remain anonymous). You may submit 
attachments to electronic comments in Microsoft Word, Excel, 
WordPerfect, or Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Dale C. Kelly, Chief, Foreign Trade 
Division, U.S. Census Bureau, Room 6K032, Washington, DC 20233-6010, by 
phone (301) 763-6937, by fax (301) 763-8835, or by email 
dale.c.kelly@census.gov.

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

[[Page 49660]]

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. Traditionally, other 
federal agencies have used the EEI for export control purposes to 
detect and prevent the export of certain items by unauthorized parties 
or to unauthorized destinations or end users. 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 the 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. Therefore, 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.
    This rule clarifies the confidentiality provisions of the EEI by 
amending section 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. The ultimate goal of this rule is to facilitate 
the legitimate sharing of export data consistent with the goals for the 
International Trade Data System (ITDS).

Program Requirements

    The Census Bureau is amending the following section of the FTR:
     Revise Sec.  30.60 to reflect changes related to the 
implementation of the International Trade Data System (ITDS) and 
subsequent changes to the access to Electronic Export Information 
(EEI).

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 section 30.60 of the Foreign Trade Regulations to help 
ensure that federal agencies with appropriate authority can access 
export data in the AES, which access will help 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 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 the public interest.
    Additionally, and for similar reasons, the Census Bureau finds good 
cause pursuant to 5 U.S.C. 553(d) to waive the 30-day delay in 
effectiveness for this rule. This rule imposes no additional 
requirements or obligations on any member of the public, and so 
delaying its effectiveness is unnecessary. Moreover, if this rule were 
delayed, federal agencies would not have direct access to export data 
in a timely manner, which could delay or impede the flow of exports, as 
well as hamper critical export control and enforcement activities. 
Therefore, the Census Bureau has determined that it will make this rule 
effective on August 22, 2014.

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 ``single window'' through which exporters can comply with export laws 
and regulations. Therefore, 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 Order 12866. It has been determined that this rule does not 
contain policies with federalism implications as that term is defined 
under Executive Order 13132.

 Paperwork Reduction Act

    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 Paperwork Reduction Act (PRA), unless that collection of 
information displays a current, valid Office of Management and Budget 
(OMB) control number. This rule, however, does not contain any 
information collection subject to the PRA.

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, 15 CFR part 30 is amended 
as follows:

PART 30--FOREIGN TRADE REGULATIONS

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 Pub. L. 107-228, 116 Stat. 
1350.


0
2. Revise Sec.  30.60 to read as follows:


Sec.  30.60  Confidentiality of Electronic Export Information.

    (a) The Electronic Export Information (EEI) collected and accessed 
by the Census Bureau under 15 CFR Part 30 is confidential, to be used 
solely for official purposes as authorized by the Secretary of 
Commerce. The collection of EEI by the Department of Commerce has been 
approved by the Office of Management and Budget (OMB). The information 
collected is used by the

[[Page 49661]]

Census Bureau for statistical purposes. In addition, EEI is used by 
federal government agencies, such as the Department of State, 
Immigration and Customs Enforcement, and Customs and Border Protection 
(CBP) for export control; by other federal government agencies such as 
the Bureau of Economic Analysis, Bureau of Labor Statistics, and Bureau 
of Transportation Statistics for statistical purposes; and by other 
federal agencies as authorized by the Secretary of Commerce or the 
Census Bureau Director consistent with the agencies' statutory or legal 
authorities as provided for in paragraph (e) of this section. Absent 
such authorization, information collected pursuant to this Part shall 
not be disclosed to anyone by any officer, employee, contractor, agent 
of the federal government or other parties with access to the EEI other 
than to the USPPI or the authorized agent of the USPPI. Such disclosure 
shall be limited to that information provided by each party pursuant to 
this Part.
    (b) Viewing and using EEI for official purposes. (1) The EEI may be 
viewed and used by federal agencies authorized to use export data for 
official purposes as defined to include, but not limited to:
    (i) Improving compliance with U.S. export laws and regulations;
    (ii) Detecting and preventing violations of export, census, 
customs, homeland security, national resource and other laws, 
regulations and treaties;
    (iii) Analysis to assess threats to U.S. and international security 
such as money laundering, and other potential violations of U.S. and 
foreign criminal laws;
    (iv) Enforcement of U.S. export-related laws and regulations;
    (v) Investigation and prosecution of possible violations of U.S. 
export-related laws and regulations;
    (vi) Proof of export for enforcement of laws relating to exemption 
from or refund, drawback or other return of taxes, duties, fees or 
other charges;
    (vii) Analyzing the impact of proposed and implemented trade 
agreeements and fulfilling U.S. obligations under such agreements; and
    (viii) Preparation of statistics.
    (2) The Census Bureau may provide the EEI to the USPPI or 
authorized agent, for compliance and audit purposes. Such disclosure 
shall be limited to that information provided to the AES by the USPPI 
or the authorized agent.
    (c) Supplying EEI for nonofficial purposes. The official report of 
the EEI submitted to the U.S. government shall not be disclosed by the 
USPPI, the authorized agent, or representative of the USPPI for 
``nonofficial purposes,'' either in whole or in part, or in any form 
including but not limited to electronic transmission, paper printout, 
or certified reproduction. ``Nonofficial purposes'' are defined to 
include but not limited to providing the official EEI:
    (1) In support of claims for exemption from Federal or state 
taxation, except as related to paragraph (b)(1)(vi) of this section;
    (2) To the U.S. Internal Revenue Service for purposes not related 
to export control or compliance;
    (3) To state and local government agencies, and nongovernmental 
entities or individuals for any purpose; and
    (4) To foreign entities or foreign governments for any purpose.
    (d) Ocean manifest data can be made public under provision of CBP 
regulations. For information appearing on the outward manifest, 19 CFR 
103.31 allows a shipper (or their authorized employee or official) to 
submit a certification for confidential treatment of the shipper's name 
and address.
    (e) Determination by the Secretary of Commerce. Under 13 U.S.C. 
301(g), the EEI collected and accessed by the Census Bureau is exempt 
from public disclosure unless the Secretary or delegate determines that 
such exemption would be contrary to the national interest. The 
Secretary or delegate may make such information available, if he or she 
determines it is in the national interest, taking such safeguards and 
precautions to limit dissemination as deemed appropriate under the 
circumstances. In determining whether it is contrary to the national 
interest to apply the exemption, the maintenance of confidentiality and 
national security shall be considered as important elements of national 
interest. The unauthorized disclosure of confidential EEI granted under 
a National Interest Determination renders such persons subject to the 
civil penalties provided for in Subpart H of this part.
    (f) Penalties. Disclosure of confidential EEI by any officer, 
employee, contractor, or agent of the federal government, except as 
provided for in paragraphs (b) and (e) of this section renders such 
persons subject to the civil penalties.

    Dated: August 15, 2014.
John H. Thompson,
Director, Bureau of the Census.
[FR Doc. 2014-19972 Filed 8-21-14; 8:45 am]
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