[Federal Register: September 10, 2004 (Volume 69, Number 175)]
[Rules and Regulations]
[Page 54751-54753]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10se04-4]
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DEPARTMENT OF COMMERCE
Bureau of Economic Analysis
15 CFR Part 801
[Docket No. 040521151-4248-02]
RIN 0691-AA56
International Services Surveys: BE-22, Annual Survey of Selected
Services Transactions With Unaffiliated Foreign Persons
AGENCY: Bureau of Economic Analysis, Commerce.
ACTION: Final rule.
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SUMMARY: This final rule revises regulations for the BE-22, Annual
Survey of Selected Services Transactions with Unaffiliated Foreign
Persons.
The BE-22 survey is conducted by the Bureau of Economic Analysis
(BEA), U.S. Department of Commerce, under the International Investment
and Trade in Services Survey Act. The data are needed to compile the
U.S. international transactions, national income and product, and
input-output accounts; support U.S. economic policy; assess U.S.
competitiveness in international trade in services; and improve the
ability of U.S. businesses to identify and evaluate market
opportunities.
This final rule changes the services covered by the survey.
Specifically, the BE-22 annual survey will no longer cover the services
that are covered by the new BE-25, Quarterly Survey of Transactions
Between U.S. and Unaffiliated Foreign Persons in Selected Services and
in Intangible Assets.
DATES: This final rule will be effective October 12, 2004.
FOR FURTHER INFORMATION CONTACT: Obie G. Whichard, Chief, International
Investment Division (BE-50), Bureau of Economic Analysis, U.S.
Department of Commerce, Washington, DC 20230; phone (202) 606-9800 or
email (obie.whichard@bea.gov).
SUPPLEMENTARY INFORMATION: In the June 7, 2004 Federal Register, 69 FR
31771-31772, BEA published a notice of proposed rulemaking setting
forth revised reporting requirements for the BE-22, Annual Survey of
Selected Services Transactions with Unaffiliated Foreign Persons. BEA
received one comment on the notice stating that the proposal did not
contain enough detail for the public to truly comment and suggesting
that it be reposted with fuller information. BEA did not repost the
proposed rule for further comment because the original proposed rule
contained sufficient information for public comment. BEA did respond to
the commenter, explaining the reasons for the form of the proposal and
indicating how more information on the BE-22 survey could be obtained.
BEA directed the commenter to Internet sites where the existing rule
and the survey form and instructions could be viewed and downloaded.
Finally, BEA listed the services that would not be covered by the
proposed survey but were covered on the prior version of the survey.
Because no comments were received on the substance of the proposed
rule, the rule is adopted without change.
[[Page 54752]]
This final rule amends 15 CFR Part 801 by revising Sec.
801.9(b)(6)(ii) to set forth revised reporting requirements for the BE-
22, Annual Survey of Selected Services Transactions with Unaffiliated
Foreign Persons. The survey is conducted by the BEA, U.S. Department of
Commerce, under the International Investment and Trade in Services
Survey Act (Pub. L. 94-472, 90 Stat. 2059, 22 U.S.C. 3101-3108).
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, conduct a regular
data collection program to secure current information related to
international investment and trade in services and publish for the use
of the general public and the United States Government agencies
periodic, regular, and comprehensive statistical information collected
pursuant to this subsection. In Section 3 of Executive Order 11961, as
amended by Executive Order 12518, the President delegated the authority
under the Act as concerns international trade in services to the
Secretary of Commerce, who has redelegated it to BEA.
The BE-22 is an annual survey of selected services transactions
with unaffiliated foreign persons. The data are needed to compile the
U.S. international transactions, national income and product, and
input-output accounts; support U.S. economic policy; assess U.S.
competitiveness in international trade in services; and improve the
ability of U.S. businesses to identify and evaluate market
opportunities.
This final rule revises the list of items set forth in section
801.9(b)(6)(ii), ``Covered services,'' of the existing rule to exclude
the following services: Accounting, auditing, and bookkeeping services;
computer and data processing services; database and other information
services; industrial engineering services; industrial-type maintenance,
installation, alteration, and training services; legal services;
management consulting, and public relations services; operational
leasing services; research, development, and testing services;
telecommunications services; and auxiliary insurance services
transactions by insurance companies.
Executive Order 12866
This final rule has been determined to be not significant for
purposes of E.O. 12866.
Executive Order 13132
This final rule does not contain policies with Federalism
implications as that term is defined in E.O. 13132.
Paperwork Reduction Act
The collection of information required in this final rule has been
approved by the Office of Management and Budget under the Paperwork
Reduction Act (PRA).
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 displays a currently valid OMB
Control Number. The OMB number for the BE-22 is 0608-0060; the
collection will display this control number.
The survey is expected to result in the filing of reports from
approximately 800 respondents. The respondent reporting burden for this
collection of information is estimated to vary from less than four
hours to 300 hours, with an overall average burden of 11.5 hours. This
includes time for reviewing the instructions, searching existing data
sources, gathering and maintaining the data needed, and completing and
reviewing the collection of information. Thus, the total respondent
burden of the survey is estimated at about 9,200 hours (800 responses
times 11.5 hours average burden).
Comments regarding the burden estimate or any other aspect of this
collection of information should be addressed to: Director, Bureau of
Economic Analysis (BE-1), U.S. Department of Commerce, Washington, DC
20230 (fax: 202-606-5311); and either 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 the provisions of the Regulatory Flexibility Act
(5 U.S.C. 605(b)), that this final rule will not have a significant
economic impact on a substantial number of small entities. Although BEA
does not collect data on total sales or other measures of the overall
size of businesses that respond to the survey, historically the
respondent universe has been comprised mainly of major U.S.
corporations. With the exemption level for the survey being $1 million
in covered receipts or payments, the reporting threshold for this
survey is set at a level that will exempt most small businesses from
reporting. Of those smaller businesses that must report, most will tend
to have specialized operations and activities and thus will be likely
to report only one type of service transaction, often limited to
transactions with a single partner country; therefore, the burden on
them can be expected to be small.
List of Subjects in 15 CFR Part 801
Economic statistics, Foreign trade, Penalties, Reporting and
recordkeeping requirements.
Dated: August 23, 2004.
Rosemary D. Marcuss,
Deputy Director, Bureau of Economic Analysis.
0
For the reasons set forth in the preamble, BEA amends 15 CFR part 801,
as follows:
PART 801--SURVEY OF INTERNATIONAL TRADE IN SERVICES BETWEEN U.S.
AND FOREIGN PERSONS
0
1. The authority citation for 15 CFR part 801 is revised 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. 12318, 3
CFR, 1981 Comp., p. 173, and E.O. 12518, 3 CFR, 1985 Comp., p. 348.
0
2. Section 801.9(b)(6)(ii) is revised to read as follows:
Sec. 801.9 Reports required.
* * * * *
(b) * * *
(6) * * *
(ii) Covered services. The covered services are: Advertising
services; auxiliary insurance services (by non-insurance companies
only); educational and training services; financial services (purchases
only by non-financial services providers); medical services, inpatient
(receipts only); medical services, other than inpatient (receipts
only); merchanting services (receipts only); mining services;
disbursements to fund news-gathering costs of broadcasters;
disbursements to fund news-gathering costs of print media;
disbursements to fund production costs of motion pictures;
disbursements to fund production costs of broadcast program material
other than news; disbursements to maintain government tourism and
business promotion offices; disbursements for sales promotion and
representation; disbursements to participate in foreign trade shows
(purchases only); other trade-related services; performing arts,
sports, and other live performances, presentations, and events; primary
insurance premiums (payments only); primary insurance losses recovered;
sale or purchase of rights to natural resources, and lease bonus
payments; use or lease
[[Page 54753]]
of rights to natural resources, excluding lease bonus payments; waste
treatment and depollution services; and other private services
(language translation services; salvage services; security services;
account collection services; satellite photography and remote sensing/
satellite imagery services; space transport (includes satellite
launches, transport of goods and people for scientific experiments, and
space passenger transport); and transcription services).
* * * * *
[FR Doc. 04-20502 Filed 9-9-04; 8:45 am]
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