[Federal Register: October 17, 2003 (Volume 68, Number 201)]
[Proposed Rules]
[Page 59750-59751]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17oc03-18]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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[[Page 59750]]
DEPARTMENT OF COMMERCE
Bureau of Economic Analysis
15 CFR Part 801
[Docket No. 030929241-3241-01]
RIN 0691-AA55
International Services Surveys: BE-9, Quarterly Survey of Foreign
Airline Operators' Revenues and Expenses in the United States
AGENCY: Bureau of Economic Analysis, Commerce.
ACTION: Notice of proposed rulemaking.
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SUMMARY: This document sets forth proposed rules to amend regulations
to institute a new survey, BE-9, Quarterly Survey of Foreign Airline
Operators' Revenues and Expenses in the United States, to be conducted
by the Bureau of Economic Analysis (BEA), U.S. Department of Commerce.
The Department of Commerce, as part of its continuing effort to
reduce paperwork and respondent burden, invites the general public and
other Federal agencies to comment on proposed and/or continuing
information collections, as required by the Paperwork Reduction Act of
1995. The proposed survey is mandatory and will be conducted quarterly
under the International Investment and Trade in Services Survey Act.
The first BE-9 quarterly survey conducted if these proposed rules are
adopted cover transactions in the first quarter of 2004. BEA would send
the survey to potential respondents in January of 2004; responses would
be due 50 days after the end of the calendar quarter. Data from the
proposed BE-9 survey are needed for the compilation of the U.S. balance
of payments accounts. The information collected in this survey will be
used in developing the ``transportation'' portion of the U.S. balance
of payments accounts. The balance of payments accounts, which are
published quarterly in the Survey of Current Business, are one of the
major statistical products of BEA. They are used extensively by both
government and private organizations. Without the information collected
in this survey, quarterly data needed for estimating an integral
component of the transportation account would be unavailable. The data
are utilized by private organizations and numerous government agencies
for analyzing economic trends. The data collected are also used for
compiling the U.S. national income and product accounts, and for
reporting to international organizations such as the International
Monetary Fund.
Foreign air carriers with total annual covered revenues or total
annual covered expenses incurred in the U.S. of $5 million or more
would be required to respond to the survey if this rule is adopted.
DATES: Comments on these proposed rules will receive consideration if
submitted in writing on or before December 16, 2003.
ADDRESSES: Mail comments to the Office of the Chief, Balance of
Payments Division (BE-58), Bureau of Economic Analysis, U.S. Department
of Commerce, Washington, DC 20230, or hand deliver comments to room M-
100, 1441 L Street, NW., Washington, DC 20005. Comments will be
available for public inspection in room 8013, 1441 L Street, NW.,
between 8 a.m. and 4 p.m., Monday through Friday.
FOR FURTHER INFORMATION CONTACT: Edward Dozier, Balance of Payments
Division (BE-58), Bureau of Economic Analysis, U.S. Department of
Commerce, Washington, DC 20230; via the Internet at edward.dozier@bea.gov; or via telephone at 202-606-9559.
SUPPLEMENTARY INFORMATION: These proposed rules amend 15 CFR part 801.9
to set forth the reporting requirements for the BE-9, Quarterly Survey
of Foreign Airline Operators' Revenues and Expenses in the United
States. The Bureau of Economic Analysis (BEA), U.S. Department of
Commerce, will conduct the survey under the International Investment
and Trade in Services Survey Act, 22 U.S.C. 3101-3108 (hereinafter
``the Act''). Section 4(a) of the Act (22 U.S.C. 3103(a)) provides that
``The President shall, to the extent he deems necessary and feasible--
* * * (1) conduct a regular data collection program to secure current
information * * * related to international investment and trade in
services * * * ; and (5) publish for the use of the general public and
United States Government agencies periodic, regular, and comprehensive
statistical information collected pursuant to this subsection * * * ''
In section 3 of Executive Order 11961, the President delegated
authority granted under the Act as concerns international trade in
services to the Secretary of Commerce, who has redelegated it to BEA.
The major purpose of the survey is for the compilation of the U.S.
balance of payments accounts. The information collected in this survey
is used in developing the ``transportation'' portion of the U.S.
balance of payments accounts. The balance of payments accounts, which
are published quarterly in the Survey of Current Business, are one of
the major statistical products of BEA. They are used extensively by
both Government and private organizations. Without the information
collected in this survey, quarterly data needed for estimating an
integral component of the transportation account would be unavailable.
The data are utilized by private organizations and numerous government
agencies for analyzing economic trends. The data collected are also
used for compiling the U.S. national income and product accounts, and
for reporting to international organizations such as the International
Monetary Fund.
As proposed, BEA will conduct the BE-9 survey on a quarterly basis
beginning with the first quarter of 2004. The survey requests
information from foreign air carriers operating in the United States.
Information is collected on a quarterly basis from foreign air carriers
with total annual covered revenues or total annual covered expenses
incurred in the United States of $5 million or more. Foreign air
carriers with total annual covered revenues and expenses below $5
million are exempt from reporting.
The exemption criterion is based on the annual revenues or expenses
covered by the survey for both the current and previous year. Thus, if
a foreign airline operator had revenues or expenses covered by the
survey of $5 million or more during the previous year or if the company
expects its revenues or expenses will be $5 million or more during the
current year, then it
[[Page 59751]]
must complete the survey for each of the four quarters of the current
year.
The proposed quarterly survey will cover the transactions currently
covered on the BE-36, Foreign Airline Operators' Revenues and Expenses
in the United States, which is collected annually. If the proposed
quarterly survey is approved the collection of the BE-36 will be
discontinued. The first BE-9 quarterly survey conducted if these
proposed rules are adopted cover transactions in the first quarter of
2004. BEA would send the survey to potential respondents in January of
2004; responses would be due 50 days after the end of the calendar
quarter.
Executive Order 12866
These proposed rules are not significant for purposes of E.O.
12866.
Executive Order 13132
These proposed rules do not contain policies with Federalism
implications as that term is defined in E.O. 13132.
Paperwork Reduction Act
These proposed rules contain a collection of information
requirement subject to the Paperwork Reduction Act (PRA) and have been
submitted to the Office of Management and Budget for review under the
PRA.
Notwithstanding any other provisions of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection-of-information subject to the
requirements of the Paperwork Reduction Act unless that collection
displays a currently valid Office of Management and Budget Control
Number. This collection of information has been submitted to OMB for
approval.
The BE-9 survey, as proposed, is expected to result in the filing
of reports from about 56 respondents on a quarterly basis, or about 224
responses annually. The average number of hours per response is 5.0
hours, or an annual reporting burden of 1,120 hours (224 responses
multiplied by 5 hours average burden). This estimate includes time for
reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. The actual burden may vary from reporter to
reporter, depending upon the number and variety of the respondent's
transactions and the ease of assembling the data.
Comments are requested concerning: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the burden estimate; (c)
ways to enhance the quality, utility, and clarity of the information
collected; and (d) ways to minimize the burden of the collection of
information on the respondents, including the use of automated
collection techniques or other forms of information technology.
Comments should be addressed to: Director, Bureau of Economic Analysis
(BE-1), U.S. Department of Commerce, Washington, DC 20230; or faxed (202-395-7245) or e-mailed (pbugg@omb.eop.gov) to the Office of
Management and Budget, O.I.R.A. (Attention PRA Desk Officer for BEA).
Regulatory Flexibility Act
The Chief Counsel for Regulation, Department of Commerce, has
certified to the Chief Counsel for Advocacy, Small Business
Administration, under provisions of the Regulatory Flexibility Act (5
U.S.C. 605(b)), that this proposed rulemaking, if adopted, will not
have a significant economic impact on a substantial number of small
entities. The information collection excludes most small foreign air
carriers from mandatory reporting because the reporting threshold for
this survey is set at a level that will exempt most small foreign air
carriers. The proposed BE-9 quarterly survey requests information from
foreign air carriers operating in the United States with total annual
covered revenues or total annual covered expenses incurred in the
United States of $5 million or more. Foreign air carriers with total
annual covered revenues and expenses below $5 million are exempt from
reporting. Thus, the exemption level will exclude most small foreign
air carriers from mandatory coverage.
List of Subjects in 15 CFR Part 801
International transactions, Economic statistics, Foreign trade,
Penalties, Reporting and record keeping requirements.
Dated: September 3, 2003.
J. Steven Landefeld,
Director, Bureau of Economic Analysis.
For the reasons set forth in the preamble, BEA proposes to amend 15
CFR Part 801, as follows:
PART 801--SURVEY OF INTERNATIONAL TRADE IN SERVICES BETWEEN U.S.
AND FOREIGN PERSONS
1. The authority citation for 15 CFR Part 801 continues to read as
follows:
Authority: 5 U.S.C. 301, 15 U.S.C. 4908, 22 U.S.C. 3101-3108;
E.O. 11961, 3 CFR, 1977 Comp., p. 86 as amended by E.O. 12013, 3
CFR, 1977 Comp., p. 147, E.O. 12318, 3 CFR, 1981 Comp., p. 173, and
E.O. 12518 3 CFR, 1985 Comp., p. 348.
2. Section 801.9 is amended by adding new paragraph (c)(3) to read
as follows:
Sec. 801.9 Reports required.
(c) Quarterly surveys. * * *
(3) BE-9, Quarterly Survey of Foreign Airline Operators' Revenues
and Expenses in the United States:
(i) Who must report. A BE-9 report is required from U.S. offices,
agents, or other representatives of foreign airlines that are engaged
in transporting passengers or freight and express to or from the United
States. If the U.S. office, agent, or other representative does not
have all the information required, it must obtain the additional
information from the foreign airline operator.
(ii) Exemption. A U.S. person otherwise required to report is
exempt from reporting if total annual covered revenues and total annual
covered expenses incurred in the United States were each less than $5
million during the previous year and are expected to be less than $5
million during the current year. If either total annual covered
revenues or total annual covered expenses were or are expected to be $5
million or more, a report must be filed.
[FR Doc. 03-26298 Filed 10-16-03; 8:45 am]
BILLING CODE 3510-06-P