Foreign Trade Regulations (FTR): Request for Public Comments on the Overall Impact of the Removal of Electronic Export Information (EEI) Filing Requirements for Shipments Between the United States and Puerto Rico and the U.S. Virgin Islands

Published date17 September 2020
Citation85 FR 58016
Record Number2020-19986
SectionProposed rules
CourtThe Census Bureau
58016
Federal Register / Vol. 85, No. 181 / Thursday, September 17, 2020 / Proposed Rules
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify this proposed regulation:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Will not affect intrastate aviation
in Alaska, and
(3) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13 [Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
Airbus SAS: Docket No. FAA–2020–0845;
Product Identifier 2020–NM–102–AD.
(a) Comments Due Date
The FAA must receive comments by
November 2, 2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus SAS Model
A320–271N, A321–211 and A321–271N
airplanes, certificated in any category, as
identified in European Union Aviation Safety
Agency (EASA) AD 2020–0122, dated May
29, 2020 (‘‘EASA AD 2020–0122’’).
(d) Subject
Air Transport Association (ATA) of
America Code 25, Equipment/furnishings.
(e) Reason
This AD was prompted by reports of
missing overhead stowage compartment
(OHSC) X-fixation brackets or brackets that
were incorrectly installed during assembly.
The FAA issuing this AD to address this
condition, which could lead to OHSC failure
under certain loading conditions, and
possibly result in injury to occupants and
impede egress during an emergency
evacuation.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Requirements
Except as specified in paragraph (h) of this
AD: Comply with all required actions and
compliance times specified in, and in
accordance with, EASA AD 2020–0122.
(h) Exceptions to EASA AD 2020–0122
(1) Where EASA AD 2020–0122 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) The ‘‘Remarks’’ section of EASA AD
2020–0122 does not apply to this AD.
(i) No Reporting Requirement
Although the service information
referenced in EASA AD 2020–0122 specifies
to submit certain information to the
manufacturer, this AD does not include that
requirement.
(j) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, Large Aircraft
Section, International Validation Branch,
FAA, has the authority to approve AMOCs
for this AD, if requested using the procedures
found in 14 CFR 39.19. In accordance with
14 CFR 39.19, send your request to your
principal inspector or local Flight Standards
District Office, as appropriate. If sending
information directly to the Large Aircraft
Section, International Validation Branch,
send it to the attention of the person
identified in paragraph (k)(2) of this AD.
Information may be emailed to: 9-AVS-AIR-
730-AMOC@faa.gov. Before using any
approved AMOC, notify your appropriate
principal inspector, or lacking a principal
inspector, the manager of the local flight
standards district office/certificate holding
district office.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain instructions
from a manufacturer, the instructions must
be accomplished using a method approved
by the Manager, Large Aircraft Section,
International Validation Branch, FAA; or
EASA; or Airbus SAS’s EASA Design
Organization Approval (DOA). If approved by
the DOA, the approval must include the
DOA-authorized signature.
(3) Required for Compliance (RC): For any
service information referenced in EASA AD
2020–0122 that contains RC procedures and
tests: Except as required by paragraph (j)(2)
of this AD, RC procedures and tests must be
done to comply with this AD; any procedures
or tests that are not identified as RC are
recommended. Those procedures and tests
that are not identified as RC may be deviated
from using accepted methods in accordance
with the operator’s maintenance or
inspection program without obtaining
approval of an AMOC, provided the
procedures and tests identified as RC can be
done and the airplane can be put back in an
airworthy condition. Any substitutions or
changes to procedures or tests identified as
RC require approval of an AMOC.
(k) Related Information
(1) For information about EASA AD 2020–
0122, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email ADs@
easa.europa.eu; internet
www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://
ad.easa.europa.eu. You may view this
material at the FAA, Airworthiness Products
Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195. This
material may be found in the AD docket on
the internet at https://www.regulations.gov
by searching for and locating Docket No.
FAA–2020–0845.
(2) For more information about this AD,
contact Sanjay Ralhan, Aerospace Engineer,
Large Aircraft Section, International
Validation Branch, FAA, 2200 South 216th
St., Des Moines, WA 98198; telephone and
fax 206–231–3223; email Sanjay.Ralhan@
faa.gov.
Issued on September 11, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020–20481 Filed 9–16–20; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of the Census
15 CFR Part 30
[Docket Number: 200810–0213]
RIN 0607–AA58
Foreign Trade Regulations (FTR):
Request for Public Comments on the
Overall Impact of the Removal of
Electronic Export Information (EEI)
Filing Requirements for Shipments
Between the United States and Puerto
Rico and the U.S. Virgin Islands
AGENCY
: Bureau of the Census,
Commerce Department.
ACTION
: Advance notice of proposed
rulemaking.
SUMMARY
: The Bureau of the Census
(Census Bureau) is seeking public
comments on its consideration to
remove the Electronic Export
Information (EEI) filing requirement for
shipments between the United States
and Puerto Rico and the U.S. Virgin
Islands. For many years, the Census
Bureau has received requests, from both
the government of Puerto Rico and
members of the international trade
community, to eliminate the
requirement to file EEI for shipments
between the United States and Puerto
Rico in the Automated Export System.
One of the reasons for requesting
removal of the filing requirement is that
it seems to treat Puerto Rico like a
foreign country, when in fact Puerto
Rico is a U.S. territory and part of the
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Federal Register / Vol. 85, No. 181 / Thursday, September 17, 2020 / Proposed Rules
U.S. customs area. Arguments have also
been made that the requirement imposes
a burden on what should be treated as
interstate commerce, discourages
manufacturers in the 50 states to ship to
Puerto Rico, and impedes economic
development on the island. However,
removal of the filing requirement could
impact the quality and availability of
key federal statistics. The Census
Bureau is requesting information to
assess potential impacts of a regulatory
change in the filing requirements and to
identify stakeholder priorities for data
quality and availability.
DATES
: Written comments must be
received on or before November 16,
2020.
ADDRESSES
: You may submit comments
by any of the following methods:
Federal eRulemaking Portal: http://
www.regulations.gov. The identification
number for this rulemaking is identified
by RIN number 0607–AA58; or
By email directly to
gtmd.ftrnotices@census.gov. Include
RIN number 0607–AA58 in the subject
line.
All comments received are part of the
public record. No comments will be
posted to http://www.regulations.gov for
public viewing until after the comment
period has closed. Comments will
generally be posted without change. All
Personally Identifiable 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.
FOR FURTHER INFORMATION CONTACT
: Lisa
E. Donaldson, Division Chief, Economic
Management Division, Census Bureau,
4600 Silver Hill Road, Room 6K064,
Washington, DC 20233–6010, by phone
(301) 763–7296, by fax (301) 763–8835,
or by email lisa.e.donaldson@
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. For these statistics, the
Census Bureau uses data from the
Electronic Export Information (EEI)
filings in the Automated Export System.
Trade between the United States and its
territories is considered domestic and
therefore statistics on such trade are not
tabulated as a part of the Census Bureau
foreign trade statistics. Collecting and
compiling trade statistics between the
United States, Puerto Rico, and other
territories is, however, part of the
Census Bureau’s monthly processing of
EEI. Ultimately, these statistics are
published in the FT–895 report, ‘‘U.S.
Trade with Puerto Rico and U.S.
Possessions.’’ This annual report
presents total quantity and value of
commodities shipped between the
United States, Puerto Rico, and U.S.
possessions, including the U.S. Virgin
Islands.
Data on trade between the United
States and its territories is used by other
government agencies and private
organizations. For example, the Bureau
of Economic Analysis (BEA), within the
U.S. Department of Commerce, uses the
data to compile the U.S. Gross Domestic
Product (GDP), one of the most
anticipated economic indicators and the
primary measure of the nation’s
economy. The BEA also uses the data in
its initiative to estimate Puerto Rico
GDP statistics, which are anticipated in
2020. Given the magnitude of Puerto
Rico trade with states, estimates of
Puerto Rico GDP would be significantly
compromised without the trade data
from the filings. The Puerto Rico
Planning Board, tasked with overseeing
and promoting development in Puerto
Rico, uses the trade statistics to produce
statistical reports for the Puerto Rican
government and businesses to make
sound policy and business decisions,
respectively.
Although eliminating the mandatory
requirement to file EEI for shipments
between the United States and Puerto
Rico would remove an additional step
in the shipping process, there would be
other implications associated with this
change. For example, the loss of data
involving petroleum trade between the
United States and Puerto Rico is a
concern for the Department of Energy.
There is currently no other source of
information or method for tracking trade
flows of oil and other energy-related
commodities between the United States
and Puerto Rico. The U.S. statistical
system does not measure state-to-state
imports and exports, only trade between
states and the rest of the world.
There is no alternative data source to
collect this information because Puerto
Rico is not included in many other
Census Bureau economic surveys. The
Census Bureau is exploring options to
include Puerto Rico in existing surveys
to mitigate the significant loss of
information about the economy of
Puerto Rico that would result from
eliminating the filing requirement.
However, using other existing surveys to
collect data on the economy of Puerto
Rico would not result in the same data
set that is currently available.
Through this notice, the Census
Bureau is seeking public comments to
assess the overall impact that the
removal of the filing requirement for
shipments between the United States
and Puerto Rico would have on the
availability and quality of statistical
data, as well as on trade. The Census
Bureau also welcomes comments on the
potential impact of a similar filing
requirement removal for shipments
between the United States and the U.S.
Virgin Islands.
Request for Comments
The Census Bureau is seeking public
comments in order to assess the possible
impact on statistics, data users, and
businesses of removal of the filing
requirement, and to identify any other
possible impacts. Considering the
known positive and negative impacts of
removing the filing requirement, below
are questions to consider when
providing feedback to this proposed
rule. Any pertinent feedback not
captured by these questions is also
welcome.
1. What Census Bureau statistical data
on shipments between the 50 states and
Puerto Rico (e.g., the FT–895 U.S. Trade
with Puerto Rico and U.S. Possessions
publications and digital datasets) are
useful and how are they useful?
2. What information in the Census
Bureau’s statistical data on shipments
between the 50 states and Puerto Rico
is most relevant? What characteristics of
data on trade for Puerto Rico are most
relevant (e.g., consistency and
comparability, timeliness, monthly
publication)?
3. The Congressional Task Force on
Economic Growth in Puerto Rico
requested an assessment of whether
alternative datasets could be used, with
or without modification, to achieve the
same statistical objective of the current
reporting requirement for Puerto Rico,
while imposing a lesser burden on
businesses. Are there additional or
alternative datasets that you believe
could be used for this assessment?
4. If the EEI reporting requirement
were eliminated and replaced by an
alternative data collection intended to
reduce burden, which information
should be considered essential for
inclusion in that alternative collection?
5. Shipments from the 50 states to the
U.S. Virgin Islands have a similar filing
requirement that enables the Census
Bureau to produce trade statistics for
shipments from the 50 states to the U.S.
Virgin Islands (also included in the FT–
895). Do you have any feedback on these
statistical products, the information
provided in them, and possible
alternative datasets that would achieve
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Federal Register / Vol. 85, No. 181 / Thursday, September 17, 2020 / Proposed Rules
1
17 CFR 232.10 et seq.
2
See, e.g., Release No. 33–6977 (Mar. 18, 1993)
[58 FR 14628] (establishing rules and procedures
applicable to electronic submissions processed by
the Divisions of Corporation Finance and
Investment Management); Release No. IC–19284
(Mar. 18, 1993) [58 FR 14848] (adopting electronic
submission filing rules applicable to investment
companies and institutional investment managers
under the Investment Company Act of 1940
(‘‘Investment Company Act’’) and the Securities
Exchange Act of 1934 (‘‘Exchange Act’’)); and
Release No. 33–6986 (Apr. 9, 1993) [58 FR 18638]
(adoption of the EDGAR Filer Manual).
3
See 17 CFR 232.13(b).
4
See 17 CFR 232.106. Rule 106 of Regulation S–
T prohibits submissions to EDGAR that contain
executable code, and indicates that attempted
submissions identified as containing executable
code will be suspended unless the code is in a PDF
document that may be deleted.
5
Regulation S–T anticipates that filers may
address their own substantive, and in some cases,
administrative, submission issues through filer
corrective disclosure. See, e.g., 17 CFR 232.103
(providing that filers are not subject to the liability
and anti-fraud provisions of the federal securities
laws with respect to errors or omissions resulting
solely from electronic transmission errors beyond
the control of the filer if such filer files an
amendment as soon as reasonably practicable after
becoming aware of the error or omission); 17 CFR
232.105, Instruction 2 to paragraph (d) (providing
that filers must correct an inaccurate or
nonfunctioning link or hyperlink to an exhibit in
certain circumstances by filing an amendment to
the registration statement containing the inaccurate
or nonfunctioning link or hyperlink); 17 CFR
232.501(a)(3) and 17 CFR 232.501(b)(3) (providing
that filers may correct or amend a modular
submission or a segmented filing only by
resubmitting the entire modular submission or
segmented filing).
6
The Commission may delegate certain functions
of proposed Rule 15 to the Commission staff.
the same statistical objective as the
current reporting requirement, if the
reporting requirement for the U.S.
Virgin Islands also was eliminated?
Steven D. Dillingham, Director,
Bureau of the Census, approved the
publication of this Notice in the Federal
Register.
Dated: September 4, 2020.
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Chief Information Officer, Commerce
Department.
[FR Doc. 2020–19986 Filed 9–16–20; 8:45 am]
BILLING CODE 3510–07–P
SECURITIES AND EXCHANGE
COMMISSION
17 CFR Part 232
[Release Nos. 33–10821, 34–89633, 39–2532,
IC–33974, S7–11–20]
RIN 3235–AM77
Administration of the Electronic Data
Gathering, Analysis, and Retrieval
System
AGENCY
: Securities and Exchange
Commission.
ACTION
: Proposed rule.
SUMMARY
: We are publishing for
comment a proposed new rule under
Regulation S–T. The proposal would
specify several actions that the
Commission, in its administration of the
Electronic Data Gathering, Analysis, and
Retrieval system (‘‘EDGAR’’), may take
to promote the reliability and integrity
of EDGAR submissions. In addition, the
proposed rule would set forth a process
for the Commission to notify filers and
other relevant persons of its actions
under the proposed rule as soon as
reasonably practicable.
DATES
: Comments should be received on
or before October 19, 2020.
ADDRESSES
: Comments may be
submitted by any of the following
methods:
Electronic Comments
Use the Commission’s internet
comment form (https://www.sec.gov/
rules/proposed.shtml); or
Send an email to rule-comments@
sec.gov. Please include File Number S7–
11–20 on the subject line.
Paper Comments
Send paper comments to Vanessa
A. Countryman, Secretary, Securities
and Exchange Commission, 100 F Street
NE, Washington, DC 20549.
All submissions should refer to File
Number S7–11–20. This file number
should be included on the subject line
if email is used. To help us process and
review comments more efficiently,
please use only one method of
submission. We will post all comments
on our website (http://www.sec.gov/
rules/other.shtml). Comments also are
available for website viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE,
Washington, DC 20549, on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Eastern Time.
All comments received will be posted
without change. Persons submitting
comments are cautioned that the
Commission does not redact or edit
personal identifying information from
comment submissions. Please submit
only information that you wish to make
available publicly.
We or the staff may add studies,
memoranda, or other substantive items
to the comment file during this
rulemaking. A notification of the
inclusion in the comment file of any
such materials will be made available
on our website. To ensure direct
electronic receipt of such notifications,
sign up through the ‘‘Stay Connected’’
option at www.sec.gov to receive
notifications by email.
FOR FURTHER INFORMATION CONTACT
:
Rosemary Filou, Chief Counsel; Monica
Lilly, Senior Special Counsel; or Jane
Patterson, Senior Counsel; EDGAR
Business Office at 202–551–3900,
Securities and Exchange Commission,
100 F Street NE, Washington, DC 20549.
SUPPLEMENTARY INFORMATION
: We are
proposing to add 17 CFR 232.15 (new
‘‘Rule 15’’) to Regulation S–T, General
Rules and Regulations for Electronic
Filings.
1
I. Introduction
In 1993, the Commission adopted
rules mandating that certain filings be
made with the Commission
electronically through the newly
launched EDGAR system.
2
Since then,
the Commission has further prescribed
requirements and procedures for
EDGAR submissions.
Regulation S–T addresses, among
other things, certain administrative
issues related to EDGAR submissions.
For example, Rule 13 of Regulation S–
T allows a filer to request that the
Commission adjust a filing date when
the filing is delayed due to technical
difficulties beyond the filer’s control.
3
In addition, pursuant to Rule 106, the
Commission may remove from EDGAR
an entire accepted submission or
document if it contains executable
code.
4
Regulation S–T further allows a
filer to submit an amendment or a
notice of withdrawal of the filer’s
submission to remedy a submission
issue (‘‘filer corrective disclosure’’).
5
In recent years, as the volume of
EDGAR submissions has grown, the
Commission has increasingly
confronted administrative issues that
impact the Commission’s ability to
promote the reliability and integrity of
EDGAR submissions and that are not
easily addressed by existing rules or
filer corrective disclosure. When these
issues arise, they can create confusion
for filers, investors, and other users of
EDGAR. To promote the reliability and
integrity of EDGAR submissions and to
provide transparency about our
practices, we are proposing to specify
actions that the Commission may take to
facilitate the resolution of such issues.
The proposed rule would confirm and
clarify the Commission’s existing
approach to addressing the
administrative issues that arise in
connection with EDGAR submissions.
Specifically, proposed Rule 15 would
provide that in its administration of
EDGAR, the Commission may take the
following actions to promote the
reliability and integrity of EDGAR
submissions:
6
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