Bureau of Economic Analysis, Commerce.
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.
This final rule will be effective October 12, 2004.Start Further Info
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 (firstname.lastname@example.org).End Further Info End Preamble Start Supplemental 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. Start Printed Page 54752
This final rule amends 15 CFR Part 801 by revising § 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.
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 (email@example.com) 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.Start List of Subjects
List of Subjects in 15 CFR Part 801End List of Subjects Start Signature
Dated: August 23, 2004.
Rosemary D. Marcuss,
Deputy Director, Bureau of Economic Analysis.
For the reasons set forth in the preamble, BEA amendsEnd Amendment Part Start Part
PART 801—SURVEY OF INTERNATIONAL TRADE IN SERVICES BETWEEN U.S. AND FOREIGN PERSONSEnd Part Start Amendment Part
1. The authority citation forEnd Amendment Part Start Amendment Part
2. Section 801.9(b)(6)(ii) is revised to read as follows:End Amendment Part
(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 Start Printed Page 54753of 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]
BILLING CODE 3510-06-P