[Federal Register Volume 79, Number 226 (Monday, November 24, 2014)]
[Rules and Regulations]
[Pages 69759-69760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-27771]



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 Rules and Regulations
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  Federal Register / Vol. 79, No. 226 / Monday, November 24, 2014 / 
Rules and Regulations  

[[Page 69759]]



DEPARTMENT OF COMMERCE

Bureau of Economic Analysis

15 CFR Part 801

[Docket No. 111201710-4976-01]
RIN 0691-AA82


Direct Investment Surveys: BE-13, Survey of New Foreign Direct 
Investment in the United States; Announcing OMB Approval of Information 
Collection

AGENCY: Bureau of Economic Analysis (BEA), Commerce.

ACTION: Final rule; approval of collection-of-information requirements 
and effective date of OMB control numbers.

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SUMMARY: This rule provides notice of the approval by the Office of 
Management and Budget (OMB) and resulting effectiveness of the 
collection-of-information requirements published by BEA on August 14, 
2014.

DATES: The collection-of-information requirements in Sec. Sec.  801.3, 
801.4 and 801.7, published on August 14, 2014 (79 FR 47573-47575), are 
effective November 24, 2014. OMB approved the collection-of-information 
requirements in Sec. Sec.  801.3, 801.4 and 801.7, as of October 29, 
2014.

FOR FURTHER INFORMATION CONTACT: Patricia Abaroa, Chief, Direct 
Investment Division (BE-50), Bureau of Economic Analysis, U.S. 
Department of Commerce, Washington, DC 20230; phone (202) 606-9591.

SUPPLEMENTARY INFORMATION: BEA published a final rule on August 14, 
2014 (79 FR 47573-75), that amended its regulations to reinstate the 
reporting requirements for the BE-13, Survey of New Foreign Direct 
Investment in the United States, which was discontinued in 2009. On 
September 9, 2014, BEA published a correction to that final rule 
stating that the Office of Management and Budget (OMB) had not yet 
approved the information collection requirements pursuant to the 
Paperwork Reduction Act, and therefore the effective date of the BE-13 
is delayed (see 79 FR 53291). The correction also stated that BEA would 
announce the effective date of that final rule after OMB approved BEA's 
information collection request for the BE-13.
    This final rule announces OMB approval and effectiveness of the 
collection-of-information associated with the BE-13. OMB approved the 
collection-of-information requirements on October 29, 2014, under OMB 
control number 0608-0035. The expiration date for this control number 
is October 31, 2017.

Classification

Paperwork Reduction Act

    This rule makes effective a collection-of-information requirement 
subject to the Paperwork Reduction Act. The collection of this 
information has been approved by the Office of Management and Budget 
(OMB) under OMB Control Number 0608-0035. This survey collects 
information on the acquisition or establishment of U.S. business 
enterprises by foreign investors, which was collected on the previous 
BE-13 survey, and information on expansions by existing U.S. affiliates 
of foreign companies, which was not previously collected. This 
mandatory survey will be conducted under the authority of the 
International Investment and Trade in Services Survey Act (the Act). 
Unlike other BEA surveys conducted pursuant to the Act, a response is 
required from persons subject to the reporting requirements of the BE-
13, Survey of New Foreign Direct Investment in the United States, 
whether or not they are contacted by BEA, in order to ensure that 
respondents subject to the requirements for foreign direct investments 
in the United States are identified. The BE-13 survey is expected to 
result in the filing of reports from approximately 1,350 U.S. 
affiliates each year. The respondent burden for this collection of 
information will vary from one company to another, but is estimated to 
average 1.6 hours per response, including time for reviewing 
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 this 
survey is estimated at 2,160 hours, compared to 900 hours for the 
previous BE-13 survey. The increase in burden hours is due to the 
increase in the number of respondents expected to file.

Administrative Procedure Act

    Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior 
notice and opportunity for public comment for this action because 
notice and comment would be unnecessary and contrary to the public 
interest. This action simply provides notice of OMB's approval of the 
reporting requirements at issue, which has already occurred, and 
renders those requirements effective. Thus, this action does not 
involve any further exercise of agency discretion and no comment 
received at this time would impact any decision by BEA or OMB. In 
addition, the public has had the opportunity to comment on both the 
substance of the reporting requirements, at the time BEA adopted them, 
and on BEA's request to OMB for renewal of the information collection. 
The reporting requirements at issue were detailed in proposed rules on 
which BEA accepted public comment. The reporting provisions in 15 CFR 
801.3, 801.4 and 801.7, were initially published at 79 FR 30503-06 on 
May 28, 2014, with comments accepted until July 28, 2014, and published 
as a final rule at 79 FR 47573-75 on August 14, 2014. An additional 
opportunity for public comment at this point would not be meaningful, 
and would be duplicative.

Regulatory Flexibility Act

    Because prior notice and opportunity for public comment are not 
required for this rule by 5 U.S.C. 553, or any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 
601, et seq., are inapplicable.

Executive Order 12866

    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.

List of Subjects in 15 CFR Part 801

    Economic statistics, Foreign investment in the United States, 
International transactions, Penalties, Reporting and recordkeeping 
requirements.


[[Page 69760]]


    Dated: November 17, 2014.
Brent Moulton,
Acting Director, Bureau of Economic Analysis.
[FR Doc. 2014-27771 Filed 11-21-14; 8:45 am]
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