Foreign Trade Regulations (FTR): Clarification on Uses of Electronic Export Information, 6900-6902 [2015-02520]
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6900
Federal Register / Vol. 80, No. 26 / Monday, February 9, 2015 / Rules and Regulations
Independence Avenue SW.,
Washington, DC 20591; telephone 202–
267–3073; email Lorelei.Peter@faa.gov.
SUPPLEMENTARY INFORMATION:
rljohnson on DSK67QTVN1PROD with RULES
Good Cause for Immediate Adoption
Without Prior Notice
Section 553(b)(3)(B) of the
Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies
to dispense with notice and comment
procedures for rules when the agency
for ‘‘good cause’’ finds that those
procedures are ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ Under this section, an agency,
upon finding good cause, may issue a
final rule without seeking comment
prior to the rulemaking.
Section 553(d)(3) of the
Administrative Procedure Act requires
that agencies publish a rule not less
than 30 days before its effective date,
except as otherwise provided by the
agency for good cause found and
published with the rule.
This document is correcting an error
that is in 14 CFR 91.225, ADS–B Out
equipment and use. This correction will
not impose any additional restrictions
on the persons affected by these
regulations. Furthermore, any additional
delay in making the regulations correct
would be contrary to the public interest.
Accordingly, the FAA finds that (i)
public comment on these standards
prior to promulgation is unnecessary,
and (ii) good cause exists to make this
rule effective in less than 30 days.
Background
On May 28, 2010, the FAA published
a final rule entitled, ‘‘Automatic
Dependent Surveillance—Broadcast Out
Performance Requirements To Support
Air Traffic Control Service’’ (75 FR
30160).
In that final rule, the FAA established
§ 91.225, which provides the ADS–B
equipment requirements necessary to
operate in certain classes of airspace
effective January 1, 2020. Under
paragraph (a)(1) of that section and in
order to operate an aircraft in Class A
airspace, an aircraft must have installed
equipment that ‘‘meets the requirements
of TSO–C166b.’’ Under paragraph (b)(1)
of that section, in order to operate an
aircraft below 18,000 feet MSL and in
identified airspace described
subsequently in § 91.225, an aircraft
must be equipped with equipment that
‘‘meets the requirements of TSO–C166b;
or TSO–C154c . . .’’. In reviewing these
paragraphs, the FAA notes that the
regulatory text implies that the
equipment must meet all the
requirements of the referenced TSOs. As
the ADS–B Out rule is a performance-
VerDate Sep<11>2014
13:55 Feb 06, 2015
Jkt 235001
based rule, it was not the FAA’s intent
to arguably limit operators to only
install equipment marked with a TSO in
accordance with 14 CFR part 21, subpart
O. The FAA’s intent was to permit
equipment that meets the performance
requirements set forth in the referenced
TSOs. Evidence of that intent is found
in the Notice of Proposed Rulemaking
(NPRM) for this rule. In the NPRM, the
FAA proposed in § 91.225(a)(1) and
(c)(1) that the equipment installed
‘‘Meets the performance requirements in
TSO–C–166a’’ (72 FR 56947, 56971).
The inadvertent removal of the word
‘‘performance’’ in the paragraphs
implementing these provisions in the
final rule was in error and resulted in
confusion as to whether the regulation
permits other than equipment marked
with a TSO, provided that equipment
met the specified performance
requirements.
Technical Amendment
In order to address any confusion and
clarify the equipage requirements
permitted under this rule, the FAA is
amending § 91.225 to insert text
specifying the necessary performance
requirements.
Because the changes in this technical
amendment result in no substantive
change, we find good cause exists under
5 U.S.C. 553(d)(3) to make the
amendment effective in less than 30
days.
List of Subjects in 14 CFR part 91
Air traffic control, Aircraft, Airports,
Aviation safety.
The Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends chapter I of title 14, Code of
Federal Regulations as follows:
airspace unless the aircraft has
equipment installed that—
(1) Meets the performance
requirements in TSO–C166b, Extended
Squitter Automatic Dependent
Surveillance-Broadcast (ADS–B) and
Traffic Information Service-Broadcast
(TIS–B) Equipment Operating on the
Radio Frequency of 1090 Megahertz
(MHz); and
(2) Meets the requirements of
§ 91.227.
(b) After January 1, 2020, and unless
otherwise authorized by ATC, no person
may operate an aircraft below 18,000
feet MSL and in airspace described in
paragraph (d) of this section unless the
aircraft has equipment installed that—
(1) Meets the performance
requirements in—
(i) TSO–C166b; or
(ii) TSO–C154c, Universal Access
Transceiver (UAT) Automatic
Dependent Surveillance-Broadcast
(ADS–B) Equipment Operating on the
Frequency of 978 MHz;
(2) Meets the requirements of
§ 91.227.
*
*
*
*
*
Issued under authority of 49 U.S.C. 106(f)
and in Washington, DC, on February 4, 2015.
Lirio Liu,
Director, Office of Rulemaking.
[FR Doc. 2015–02579 Filed 2–6–15; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of the Census
15 CFR Part 30
[Docket Number: 140626542–4999–02]
RIN 0607–AA52
PART 91—GENERAL OPERATING AND
FLIGHT RULES
Foreign Trade Regulations (FTR):
Clarification on Uses of Electronic
Export Information
1. The authority citation for part 91
continues to read as follows:
AGENCY:
■
Authority: 49 U.S.C. 106(f), 106(g), 1155,
40101, 40103, 40105, 40113, 40120, 44101,
44111, 44701, 44704, 44709, 44711, 44712,
44715, 44716, 44717, 44722, 46306, 46315,
46316, 46504, 46506–46507, 47122, 47508,
47528–47531, 47534, articles 12 and 29 of the
Convention on International Civil Aviation
(61 Stat. 1180), (126 Stat. 11).
2. In § 91.225, revise paragraphs (a)
and (b) to read as follows:
■
§ 91.225 Automatic Dependent
Surveillance-Broadcast (ADS–B) Out
equipment and use.
(a) After January 1, 2020, and unless
otherwise authorized by ATC, no person
may operate an aircraft in Class A
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
Bureau of the Census,
Commerce.
ACTION: Final rule.
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
SUMMARY:
E:\FR\FM\09FER1.SGM
09FER1
Federal Register / Vol. 80, No. 26 / Monday, February 9, 2015 / Rules and Regulations
rljohnson on DSK67QTVN1PROD with RULES
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 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
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,
VerDate Sep<11>2014
13:55 Feb 06, 2015
Jkt 235001
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
§ 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
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
6901
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
§ 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
E:\FR\FM\09FER1.SGM
09FER1
6902
Federal Register / Vol. 80, No. 26 / Monday, February 9, 2015 / Rules and Regulations
update control numbers assigned to
information collection requirements of
the Commission by the Office of
Management and Budget pursuant to the
Paperwork Reduction Act of 1980.
‘‘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.
DATES:
Executive Orders
FOR FURTHER INFORMATION CONTACT:
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.
Effective date: February 9, 2015.
Daniel K. Chang, Senior Counsel, at
(202) 551–6792, Office of Regulatory
Policy, Division of Investment
Management, U.S. Securities and
Exchange Commission, 100 F Street NE.,
Washington, DC 20549–8549.
The
Commission published a final rule at 76
FR 71872, on November 21, 2011, which
rescinded rules and forms adopted
under the Public Utility Holding
Company Act (‘‘PUHCA’’),1 revised
other rules and forms to correct
outdated references to PUHCA,
corrected outdated references due to
enactment of the Dodd-Frank Wall
Street Reform and Consumer Protection
Act of 2010 (‘‘the Dodd-Frank Act’’),
and made other ministerial corrections.2
Congress repealed PUHCA effective
2006, and the Dodd-Frank Act amended
various provisions of the federal
securities laws and removed references
to PUHCA from those laws.
The final rule contained a
typographical error that prevented an
amendment to the Code of Federal
Regulations.3 This technical amendment
is being published so that the table in
17 CFR 200.800(b) can be updated to
reflect that amendment.
SUPPLEMENTARY INFORMATION:
List of Subjects in 17 CFR Part 200
Administrative practice and
procedure, Authority delegations
(Government agencies), Classified
information, Conflicts of interest,
Government employees, Organization
and functions (Government agencies).
[FR Doc. 2015–02520 Filed 2–6–15; 8:45 am]
BILLING CODE 3510–07–P
[Release No. 33–9273A, 34–65686A, 39–
2480A, IA–3310A and IC–29855A]
rljohnson on DSK67QTVN1PROD with RULES
§ 200.800
[Amended]
2. In § 200.800(b), in the table, remove
the following entries: Form ET,
wherever it appears; Rule 1(a); Rule
1(b); Rule 1(c); Rule 2; Rule 3; Rule 7;
Rule 7(d); Rule 20(b); Rule 20(c); Rule
20(d); Rule 23; Rule 24; Rule 26; Rule
29; Rule 44; Rule 45; Rule 47(b); Rule
52; Form 53; Rule 54; Rule 57(a); Rule
57(b); Rule 58; Rule 62; Rule 71(a); Rule
72; Rule 83; Rule 87; Rule 88; Rule 93;
Rule 94; Rule 95; Rule 100(a); Uniform
System of Accounts for Mutual Service
Companies and Subsidiary Service
Companies, Public Utility Holding
Company Act of 1935; Preservation and
Destruction of Records of Registered
Public Utility Holding Companies and
of Mutual and Subsidiary Service
Companies; Form U5A; Form U5B;
Form U5S; Form U–1; Form U–13–1;
Form U–6B–2; Form U–57; Form U–9C–
3; Form U–12(I)–A; Form U–12(I)–B;
Form U–13E–1; Form U–R–1; Form U–
13–60; Form U–3A–2; Form U–3A3–1;
Form U–7D; Form U–33–S; Form ID,
259.602, 3235–0328; and Form SE.,
259.603, 3235–0327.
■
Dated: February 3, 2015.
Brent J. Fields,
Secretary.
[FR Doc. 2015–02465 Filed 2–6–15; 8:45 am]
BILLING CODE 8011–01–P
DEPARTMENT OF THE TREASURY
27 CFR Part 9
[Docket No. TTB–2014–0003; T.D. TTB–127;
Ref: Notice No. 142]
RIN 1513–AC05
Establishment of The Rocks District of
Milton-Freewater Viticultural Area
Securities and Exchange
Commission.
ACTION: Technical amendment.
AGENCY:
1 15
U.S.C. 79 (repealed effective 2006).
Law 111–203, 124 Stat. 1376 (2010).
3 The final rule incorrectly referenced 17 CFR
200.80(b) of Subpart M, rather than 17 CFR
200.800(b) of Subpart N. As a result of the incorrect
reference, the table in 17 CFR 200.800(b) of Subpart
N was not amended.
2 Public
The Securities and Exchange
Commission (‘‘SEC’’ or ‘‘Commission’’)
is making technical amendments to
Jkt 235001
Authority: 44 U.S.C. 3506; 44 U.S.C. 3507.
Alcohol and Tobacco Tax and Trade
Bureau
Rescission of Outdated Rules and
Forms, and Amendments To Correct
References
13:55 Feb 06, 2015
1. The authority citation for part 200,
subpart N, continues to read as follows:
■
For the reasons set out in the
preamble, Title 17, Chapter II of the
Code of Federal Regulations is amended
as follows:
17 CFR Part 200
VerDate Sep<11>2014
Subpart N—Commission Information
Collection Requirements Under the
Paperwork Reduction Act: OMB
Control Numbers
Text of the Amendments
SECURITIES AND EXCHANGE
COMMISSION
SUMMARY:
PART 200—ORGANIZATION;
CONDUCT AND ETHICS; AND
INFORMATION AND REQUESTS
PO 00000
Frm 00006
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Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
AGENCY:
The Alcohol and Tobacco Tax
and Trade Bureau (TTB) establishes the
approximately 3,770-acre ‘‘The Rocks
SUMMARY:
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Agencies
[Federal Register Volume 80, Number 26 (Monday, February 9, 2015)]
[Rules and Regulations]
[Pages 6900-6902]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-02520]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 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 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]
BILLING CODE 3510-07-P