[Federal Register Volume 69, Number 109 (Monday, June 7, 2004)]
[Proposed Rules]
[Pages 31771-31772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12788]


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DEPARTMENT OF COMMERCE

Bureau of Economic Analysis

15 CFR Part 801

[Docket No. 040521151-4151-01]
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: Notice of proposed rulemaking.

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SUMMARY: This notice sets forth the proposed rule that revises the 
reporting requirements 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. trade policy initiatives; assess 
U.S. competitiveness in international trade in services; and improve 
the ability of U.S. businesses to identify and evaluate market 
opportunities.
    The proposed 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: Comments on this proposed rule will receive consideration if 
submitted in writing on or before August 6, 2004.

ADDRESSES: Direct all written comments to the Office of the Chief, 
International Investment Division (BE-50), Bureau of Economic Analysis, 
U.S. Department of Commerce, Washington, DC 20230. To assure that 
comments are received in a timely manner, please consider using one of 
the following delivery methods: (1) Fax to (202) 606-5318, (2) deliver 
by courier to U.S. Department of Commerce, Bureau of Economic Analysis 
(BE-50), Shipping and Receiving Section, room M-100, 1441 L Street, 
NW., Washington, DC 20005, or (3) e-mail to [email protected]. 
Comments received will be available for public inspection in room 7006, 
1441 L Street, NW., between 8:30 a.m. and 4:30 p.m., Monday through 
Friday.

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.

SUPPLEMENTARY INFORMATION: This proposed rule amends 15 CFR Part 801 by 
revising Section 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

[[Page 31772]]

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. trade policy initiatives; assess 
U.S. competitiveness in international trade in services; and improve 
the ability of U.S. businesses to identify and evaluate market 
opportunities.

Executive Order 12866

    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.

Executive Order 13132

    This proposed rule does not contain policies with Federalism 
implications as that term is defined in E.O. 13132.

Paperwork Reduction Act

    This proposed rule contains a collection of information requirement 
subject to the Paperwork Reduction Act (PRA) and has been submitted to 
the Office of Management and Budget for review under the 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, as proposed, 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 are requested concerning: (a) Whether the proposed 
collection of information is necessary for the proper performance 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; and either faxed (202-395-7245) or e-
mailed ([email protected]) 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 proposed rulemaking, if adopted, will not 
have a significant economic impact on a substantial number of small 
entities. While the survey 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

    International transactions, Economic statistics, Foreign trade, 
Penalties, Reporting and recordkeeping requirements.

    Dated: May 11, 2004.
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, 
and 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(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; 
medical services, other than inpatient; 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 productions 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 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).
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[FR Doc. 04-12788 Filed 6-4-04; 8:45 am]
BILLING CODE 3510-06-P