[Federal Register Volume 77, Number 37 (Friday, February 24, 2012)]
[Rules and Regulations]
[Pages 10958-10960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4352]


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DEPARTMENT OF COMMERCE

Bureau of Economic Analysis

15 CFR Part 801

[110817508-2069-2]
RIN 0691-AA79


International Services Surveys: BE-150, Quarterly Survey of 
Cross-Border Credit, Debit, and Charge Card Transactions

AGENCY: Bureau of Economic Analysis, Commerce.

ACTION: Final rule.

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SUMMARY: This final rule amends the regulations of the Bureau of 
Economic Analysis, Department of Commerce (BEA) to add new entities 
that are required to report information on the BE-150, Quarterly Survey 
of Cross-Border Credit, Debit, and Charge Card Transactions, to change 
the survey title, and to collect data in greater detail. Specifically, 
this rule expands the covered entities to include companies that 
operate debit networks based on a personal identification number (PIN). 
PIN-based debit network companies will be required to report on cross-
border transactions between U.S. cardholders traveling abroad and 
foreign businesses and foreign cardholders traveling in the United 
States and U.S. businesses. This change improves the identification of 
cross-border travel transactions. This rule also changes the survey 
title from Quarterly Survey of Cross-Border Credit, Debit, and Charge 
Card Transactions to Quarterly Survey of Payment Card and Bank Card 
Transactions Related to International Travel to reflect this change to 
the regulations. In addition, this rule makes certain changes to the 
BE-150 form to collect data in greater detail. The revised BE-150 
survey will be conducted on a quarterly basis beginning with the first 
quarter of 2012.

DATES: The final rule is effective March 26, 2012.

FOR FURTHER INFORMATION CONTACT: Chris Emond, Chief, Special Surveys 
Branch, Balance of Payments Division (BE-50), Bureau of Economic 
Analysis, U.S. Department of Commerce, Washington, DC 20230; email 
[email protected]; or phone (202) 606-9826.

SUPPLEMENTARY INFORMATION: This rule amends 15 CFR 801.9 to expand the 
covered entities to include companies that operate debit networks based 
on a personal identification number (PIN). To reflect this change to 
the regulations, this final rule also changes the title of the form 
from Quarterly Survey of Cross-Border Credit, Debit, and Charge Card 
Transactions to Quarterly Survey of Payment Card and Bank Card 
Transactions Related to International Travel. In addition, this final 
rule revises the BE-150 survey form to collect certain data in greater 
detail.
    In the October 28, 2011 issue of the Federal Register (76 FR 66872-
66874), BEA published a notice of proposed rulemaking that would amend 
15 CFR 801.9(c)(7) to set forth the reporting requirements for the BE-
150, Quarterly Survey of Cross-Border Credit, Debit, and Charge Card 
Transactions. No comments were received on the proposed rule. Thus, the 
proposed rule is adopted without change.

Description of Changes

    This final rule amends 15 CFR 801.9(c)(7) to require companies that 
operate PIN-based debit networks to submit information on BE-150, 
Quarterly Survey of Cross-Border Credit, Debit, and Charge Card 
Transactions in addition to U.S. credit card companies that are 
required to complete the current survey. These companies are required 
to submit information on cross-border transactions between (1) U.S. 
cardholders traveling abroad and foreign businesses and (2) foreign 
cardholders traveling in the United States and U.S. businesses. The 
revised BE-150 survey is mandatory for all U.S. credit card companies 
and PIN-based debit network companies. The PIN-based debit network 
companies have been added to the list of required reporters to close a 
gap in the coverage of international travel transactions. This final 
rule also changes the title of the form from Quarterly Survey of Cross-
Border Credit, Debit, and Charge Card Transactions to Quarterly Survey 
of Payment Card and Bank Card Transactions Related to International 
Travel to reflect the change in companies that are required to report.
    BEA also revised the BE-150 survey to collect in greater detail 
certain information that was currently collected on the BE-150. The 
revised survey distinguishes between transactions when the bank or 
payment card is present at the point of sale and when the bank or 
payment card is not present at the point of sale. This change improves 
the identification of cross-border travel transactions. In addition, 
the revised survey disaggregates transactions by spending category by 
type of card--personal card, government card, and business or corporate 
card. This change provides the detail necessary for BEA to publish U.S. 
international travel statistics in accordance with international 
economic accounting guidelines.
    Upon the effective date of this rule, BEA will conduct the revised 
BE-150 on a quarterly basis, beginning with transactions for the first 
quarter of 2012, under the authority provided in the International 
Investment and Trade in Services Survey Act, 22 U.S.C. 3101-

[[Page 10959]]

3108, hereinafter, ``the Act.'' BEA will begin sending the survey to 
potential respondents in March of 2012; responses will be due by May 
15, 2012.
    The revised BE-150 survey data will be used by BEA to estimate the 
travel component of the U.S. International Transactions Accounts. In 
constructing the estimates, these data will be used in conjunction with 
data BEA collected separately from U.S. and foreign travelers on the 
Survey of International Travel Expenditures about the methods these 
travelers used to pay for their international travel, such as credit, 
debit, and charge card purchases, cash withdrawals, currency brought 
from home, and travelers' checks.
    BEA maintains a continuing dialogue with respondents and with data 
users, including its own internal users, to ensure that, as far as 
possible, the required data serve their intended purposes and are 
available from the existing records, that instructions are clear, and 
that unreasonable burdens are not imposed. In reaching decisions on 
what questions to include in the survey, BEA considered the 
Government's need for the data, the burden imposed on respondents, the 
quality of the likely responses (for example, whether the data are 
available on respondents' books), and BEA's experience in previous 
annual and quarterly surveys.

Survey Background

    The Bureau of Economic Analysis (BEA), U.S. Department of Commerce, 
will conduct the revised survey under the Act, which 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 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 
Orders 12318 and 12518, the President delegated the responsibilities 
under the Act for performing functions concerning international trade 
in services to the Secretary of Commerce, who has redelegated them to 
BEA.
    The revised survey will provide a basis for compiling the travel 
account of the U.S. International Transactions Accounts. In 
constructing the estimates, these data will be used in conjunction with 
data BEA collected separately from U.S. and foreign travelers on the 
Survey of International Travel Expenditures on the methods these 
travelers used to pay for international travel expenditures. With the 
two data sources, BEA will be able to estimate total expenditures by 
foreign travelers in the United States (U.S. exports) and total 
expenditures by U.S. travelers abroad (U.S. imports) by country and 
region.

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 under E.O. 13132.

Paperwork Reduction Act

    The collection-of-information requirement in this final rule has 
been approved by the Office of Management and Budget (OMB) under 
control Number 0608-0072 pursuant to the requirements of the Paperwork 
Reduction Act.
    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.
    The revised BE-150 quarterly survey is expected to result in the 
filing of reports from six respondents on a quarterly basis, or 24 
reports annually. The respondent burden for this collection of 
information varies from one respondent to another, but is estimated to 
average 16 hours per response (64 hours annually), including 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 for the 
revised BE-150 survey is estimated at 384 hours.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in the 
final rule should be sent to both [email protected] and to the 
Office of Management and Budget, O.I.R.A., Paperwork Reduction Project, 
Attention PRA Desk Officer for BEA, via email at [email protected], or 
by FAX at 202-395-7245.

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 rule will not have a significant economic 
impact on a substantial number of small entities. The factual basis for 
this certification was published with the proposed rule and is not 
repeated here. No comments were received regarding the economic impact 
of this rule. As a result, final regulatory flexibility analysis is not 
required and none was prepared.

List of Subjects in 15 CFR Part 801

    International transactions, Economic statistics, Foreign trade, 
Penalties, Reporting and recordkeeping requirements, Travel expenses, 
Cross-border transactions, Credit card, and Debit card.

    Dated: February 6, 2012.
J. Steven Landefeld,
Director, Bureau of Economic Analysis.

    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 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. 12318, 
3 CFR, 1981 Comp., p. 173, and E.O. 12518, 3 CFR, 1985 Comp., p. 
348.


0
2. Amend Sec.  801.9, by revising paragraph (c)(7) to read as follows:


Sec.  801.9  Reports required.

* * * * *
    (c) * * *
    (7) BE-150, Quarterly Survey of Payment Card and Bank Card 
Transactions Related to International Travel:
    (i) A BE-150, Quarterly Survey of Payment Card and Bank Card 
Transactions Related to International Travel will be conducted covering 
the first quarter of the 2012 calendar year and every quarter 
thereafter.
    (A) Who must report. A BE-150 report is required from each U.S. 
company that operates networks for clearing and settling credit card 
transactions made by U.S. cardholders in foreign countries and by 
foreign cardholders in the United States and from PIN-based debit 
network companies. Each reporting company must complete all applicable 
parts of the BE-150 form before transmitting it to BEA. Issuing banks,

[[Page 10960]]

acquiring banks, and individual cardholders are not required to report.
    (B) Covered transactions. The BE-150 survey collects aggregate 
information on the use of credit, debit, and charge cards by U.S. 
cardholders when traveling abroad and foreign cardholders when 
traveling in the United States. Data are collected by the type of 
transaction, by type of card, by spending category, and by country.
    (ii) [Reserved]

[FR Doc. 2012-4352 Filed 2-23-12; 8:45 am]
BILLING CODE 3510-06-P