International Services Surveys: Cancellation of Five Annual Surveys, 23811-23813 [05-8976]
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Federal Register / Vol. 70, No. 86 / Thursday, May 5, 2005 / Proposed Rules
List of Subjects in CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
The Proposed Amendment
In consideration of the foregoing, the
Federal Aviation Administration
proposes to amend 14 CFR Part 71 as
follows:
PART 71—[AMENDED]
1. The authority citation for 14 CFR
part 71 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40103, 40113,
40120; E.O. 10854; 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of Federal Aviation
Administration Order 7400.9M, dated
August 30, 2004, and effective
September 16, 2004, is proposed to be
amended as follow:
Paragraph 6002 Class E airspace areas
designated as a surface area for an airport.
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ANE ME E2 Bar Harbor, ME
Hancock County-Bar Harbor Airport, ME
(Lat. 44°26′59″ N long. 68°21′41″ W)
Within a 4.2-mile radius of the Hancock
County-Bar Harbor Airport and within 2.7
miles each side of a 204° bearing from the
airport, extending from the 4.2-mile radius to
6.2 miles southwest of the airport and within
2.7 miles each side of a 024° bearing from the
airport, extending from the 4.2-mile radius to
6.2 miles northeast of the airport. This Class
E airspace area is effective during the specific
dates and times established in advance by a
Notice to Airmen. The effective date and time
will thereafter be continuously published in
the Airport/Facility Directory.
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Issued in Jamaica, New York, on April 26,
2005.
John G. McCartney,
Acting Area Director, Eastern Terminal
Operations.
[FR Doc. 05–8928 Filed 5–4–05; 8:45 am]
BILLING CODE 4910–13–M
DEPARTMENT OF COMMERCE
Bureau of Economic Analysis
15 CFR Part 801
RIN 0691–AA59
[Docket No. 050406094–5094–01]
International Services Surveys:
Cancellation of Five Annual Surveys
Bureau of Economic Analysis,
Commerce.
ACTION: Notice of proposed rulemaking.
AGENCY:
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12:46 May 04, 2005
Jkt 205001
SUMMARY: The Bureau of Economic
Analysis (BEA) plans to amend its
regulations to remove the reporting
requirements for five annual surveys
covering international trade in services.
The five annual surveys that would be
discontinued are: BE–36, BE–47, BE–48,
BE–82, and BE–93. BEA proposed to
discontinue these surveys because they
have been replaced by quarterly surveys
that collect essentially the same
information.
Comments on this proposed rule
will receive consideration if submitted
in writing on or before 5 p.m., July 5,
2005.
ADDRESSES: You may submit comments,
identified by RIN 0691–AA59, and
referencing the agency name (Bureau of
Economic Analysis), by any of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail: Obie.Whichard@bea.gov.
• Fax: Office of the Chief,
International Investment Division, (202)
606–5318.
• Mail: Office of the Chief,
International Investment Division (BE–
50), Bureau of Economic Analysis, U.S.
Department of Commerce, Washington,
DC 20230.
• Hand Delivery/Courier: 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.
Public Inspection: Comments may be
inspected at BEA’s offices, 1441 L
Street, NW., Room 7006, between 8:30
a.m. and 5 p.m., Monday through
Friday.
DATES:
Obie
G. Whichard, Chief, International
Investment Division (BE–50), Bureau of
Economic Analysis, U.S. Department of
Commerce, Washington, DC 20230;
phone (202) 606–9890.
SUPPLEMENTARY INFORMATION: This
proposed rule would amend 15 CFR
Part 801 by revising Section 801.9(b) to
remove the reporting requirements for
five annual surveys that collect data
covering international trade in services.
The five surveys are:
BE–36, Foreign Airline Operators’
Revenues and Expenses in the United
States.
BE–47, Annual Survey of
Construction, Engineering,
Architectural, and Mining Services
Provided by U.S. Firms to Unaffiliated
Foreign Persons.
BE–48, Annual Survey of Reinsurance
and Other Insurance Transactions by
FOR FURTHER INFORMATION CONTACT:
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23811
U.S. Insurance Companies with Foreign
Persons.
BE–82, Annual Survey of Financial
Services Transactions Between U.S.
Financial Services Providers and
Unaffiliated Foreign Persons.
BE–93, Annual Survey of Royalties,
License Fees, and Other Receipts and
Payments for Intangible Rights Between
U.S. and Unaffiliated Foreign Persons.
The Department of Commerce invites
the general public and other Federal
agencies to comment on the cancellation
of the reporting requirements for these
surveys.
The Department is proposing to
remove the reporting requirements for
these five annual surveys because the
information collected is now being
collected on four separate quarterly
surveys. Specifically, the BE–9,
Quarterly Survey of Foreign Airline
Operators’ Revenues and Expenses in
the United States, replaces the BE–36
survey; the BE–25, Quarterly Survey of
Transactions Between U.S. and
Unaffiliated Foreign Persons in Selected
Services and in Intangible Assets,
replaces the BE–47 and BE–93 surveys;
the BE–45, Quarterly Survey of
Insurance Transactions by U.S.
Insurance Companies with Foreign
Persons, replaces the BE–48 survey; and
the BE–85, Quarterly Survey of
Financial Services Transactions
Between U.S. Financial Services
Providers and Unaffiliated Foreign
Persons, replaces the BE–82 survey.
BEA began collecting data on these
quarterly surveys in 2004.
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.
Regulatory Flexibility Act
The five annual surveys referenced
above currently do not have a
significant economic impact on a
substantial number of small entities.
Although the number of small entities
that are affected by this rulemaking is
unknown because this type of
information is not tracked by BEA, the
five surveys that BEA proposes to
remove excludes most small entities
from mandatory reporting. Most small
entities would not be required to report
the information collected in these
surveys because they do not meet the
reporting threshold. The BE–36 is
required to be filed by U.S. offices,
agents, or other representatives of
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Federal Register / Vol. 70, No. 86 / Thursday, May 5, 2005 / Proposed Rules
foreign airlines operating in the United
States with total annual covered
revenues or total annual covered
expenses incurred in the United States
of $500,000 or more. The BE–47 survey
is required to be filed by each U.S.
person (other than U.S. Government
agencies) if, for all countries and all
projects combined, the gross value of
new contracts received or gross
operating revenues with unaffiliated
foreign persons is $1 million or more.
The BE–48 annual survey is required to
be filed by U.S. persons who have
engaged in reinsurance transactions
with foreign persons, or who have
received premiums from, or paid losses
to, foreign persons in the capacity of
primary insurers, in excess of $2
million. The BE–82 survey is required to
be filed by U.S. persons who are
financial services providers or
intermediaries, or whose consolidated
U.S. enterprise includes a separately
organized subsidiary or part that is a
financial services provider or
intermediary and who had transactions
(either sales or purchases) directly with
unaffiliated foreign persons in all
financial services combined in excess of
$10 million during the fiscal year
covered by the survey. The BE–93 is
required to be filed by U.S. persons who
have entered into agreements with
unaffiliated foreign persons to buy, sell,
or use intangible assets or proprietary
rights, excluding oil royalties and other
natural resources (mining) royalties. A
U.S. person is required to report if total
receipts or total payments for these
agreements are in excess of $2 million
in the reporting year.
Since few small businesses are subject
to mandatory reporting, the elimination
of the five annual surveys should have
a negligible impact on those businesses.
Therefore, the Chief Counsel for
Regulation certified that this proposed
rule will not have a significant
economic impact on a substantial
number of small entities.
Paperwork Reduction Act
The surveys that would be
discontinued by this rule have been
approved by the Office of Management
and Budget (OMB) under the Paperwork
Reduction Act under the following OMB
control numbers: 0608–0013 (BE–36
survey), 0608–0015 (BE–47 survey),
0608–0016 (BE–48 survey), 0608–0017
(BE–93 survey), and 0608–0063 (BE–82
survey). OMB approved the quarterly
surveys under the following OMB
control numbers: 0608–0068 (BE–9
survey); 0608–0067 (BE–25 survey);
0608–0066 (BE–45 survey); and 0608–
0065 (BE–85 survey).
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12:46 May 04, 2005
Jkt 205001
List of Subjects in 15 CFR Part 801
International transactions, Economic
statistics, Foreign trade, Penalties,
Reporting and recordkeeping
requirements.
Dated: March 30, 2005.
Rosemary D. Marcuss,
Acting 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.
12318, 3 CFR, 1981 Comp., p. 173, and E.O.
12518, 3 CFR, 1985 Comp., p. 348.
2. Section 801.9(b)is revised to read as
follows:
§ 801.9
Reports required.
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(b) Annual surveys. (1) BE–29,
Foreign Ocean Carriers’ Expenses in the
United States:
(i) Who must report. A BE–29 report
is required from U.S. agents on behalf of
foreign ocean carriers transporting
freight or passengers to or from the
United States. U.S. agents are steamship
agents and other persons representing
foreign carriers in arranging ocean
transportation of freight and cargo
between U.S. and foreign ports and in
arranging port services in the United
States. Foreign carriers are foreign
persons that own or operate ocean going
vessels calling at U.S. ports, including
VLCC tankers discharging petroleum
offshore to pipelines and lighter vessels
destined for U.S. ports. They include
carriers who own or who operate their
own or chartered (United States or
foreign-flag) vessels. They also include
foreign subsidiaries of U.S. companies
operating their own or chartered vessels
as carriers for their own accounts.
Where the vessels under foreign registry
are operated directly by a U.S. carrier
for its own account, the operations of
such vessels should be reported on
Form BE–30, Ocean Freight Revenues
and Foreign Expenses of United States
Carriers. The Bureau of Economic
Analysis may, in lieu of BE–29 reports
required from foreign carriers’ U.S.
agents, accept consolidated reports from
foreign governments covering the
operations of their national shipping
concerns when, in the Bureau’s
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Fmt 4702
Sfmt 4702
discretion, such consolidated reports
would provide the required information.
Where such reports are accepted, the
individual reports from foreign carriers’
U.S. agents will not be required.
(ii) Exemption. Any U.S. person
otherwise required to report is
exempted from reporting if the total
number of port calls by foreign vessels
handled in the reporting period is less
than forty or total covered expenses are
less than $250,000. For example, if an
agent handled less than 40 port calls in
a calendar year, the agent is exempted
from reporting. If the agent handled 40
or more calls, the agent must report
unless covered expenses for all foreign
carriers handled by the agent were less
than $250,000. The determination of
whether a U.S. person is exempt may be
based on the judgment of
knowledgeable persons who can
identify reportable transactions without
conducting a detailed manual records
search.
(2) BE–22, Annual Survey of Selected
Services Transactions With Unaffiliated
Foreign Persons:
(i) Who must report—(A) Mandatory
reporting. A BE–22 report is required
from each U.S. person who had
transactions (either sales or purchases)
in excess of $1,000,000 with unaffiliated
foreign persons in any of the covered
services during the U.S. person’s fiscal
year. The determination of whether a
U.S. person is subject to this mandatory
reporting requirement may be
judgmental, that is, based on the
judgment of knowledgeable persons in a
company who can identify reportable
transactions on a recall basis, with a
reasonable degree of certainty without
conducting a detailed manual records
search.
(B) Voluntary reporting. If, during the
U.S. person’s fiscal year, the U.S.
person’s total transactions (either sales
or purchases) in any of the covered
services is $1,000,000 or less, the U.S.
person is requested to provide an
estimate of the total for each type of
service. Provision of this information is
voluntary. The estimates may be
judgmental, that is, based on recall,
without conducting a detailed manual
records search.
(C) Any U.S. person receiving a BE–
22 survey form from BEA must
complete all relevant parts of the form
and return the form to BEA. A person
that is not subject to the mandatory
reporting requirement in paragraph
(b)(2)(i)(A) of this section and is not
filing information on a voluntary basis
must only complete the ‘‘Determination
of reporting status’’ and the
‘‘Certification’’ sections of the survey.
This requirement is necessary to ensure
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Federal Register / Vol. 70, No. 86 / Thursday, May 5, 2005 / Proposed Rules
compliance with the reporting
requirements and efficient
administration of the survey by
eliminating unnecessary followup
contact.
(ii) Covered services. The covered
services are: Advertising services;
auxiliary insurance services (by noninsurance 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
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. 05–8976 Filed 5–4–05; 8:45 am]
BILLING CODE 3510–06–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 101
[Docket No. 2004N–0382]
RIN 0910–ZA23
Food Labeling: Safe Handling
Statements: Labeling of Shell Eggs
AGENCY:
Food and Drug Administration,
HHS.
VerDate jul<14>2003
12:46 May 04, 2005
Jkt 205001
ACTION:
Proposed rule.
SUMMARY: The Food and Drug
Administration (FDA) is proposing to
amend the agency’s food labeling
regulations to permit the egg industry to
place the safe handling statement for
shell eggs on the inside lid of egg
cartons if the statement ‘‘Keep
Refrigerated’’ appears on the principal
display panel (PDP) or information
panel. This proposed rule, if finalized,
will provide the industry greater
flexibility in the placement of safe
handling instructions on egg cartons,
while continuing to provide consumers
with this important information. This
proposed action is in response to
numerous requests from the egg
industry.
Submit written or electronic
comments by July 19, 2005. See section
VII for the proposed effective date of a
final rule based on this proposal.
ADDRESSES: You may submit comments,
identified by [Docket No. 2004N–0382],
by any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Agency Web site: https://
www.fda.gov/dockets/ecomments.
Follow the instructions for submitting
comments on the agency Web site.
• E-mail: fdadockets@oc.fda.gov.
Include [Docket No. 2004N–0382] in the
subject line of your e-mail message.
• FAX: 301–827–6870.
• Mail/Hand delivery/Courier [For
paper, disk, or CD-ROM submissions]:
Division of Dockets Management, 5630
Fishers Lane, rm. 1061, Rockville, MD
20852.
Instructions: All submissions received
must include the agency name and
Docket No. or Regulatory Information
Number (RIN) for this rulemaking. All
comments received will be posted
without change to https://www.fda.gov/
ohrms/dockets/default.htm, including
any personal information provided. For
detailed instructions on submitting
comments and additional information
on the rulemaking process, see the
‘‘Comments’’ heading of the
SUPPLEMENTARY INFORMATION section of
this document.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.fda.gov/ohrms/dockets/
default.htm and insert the docket
number, found in brackets in the
heading of this document, into the
‘‘Search’’ box and follow the prompts
and/or go to the Division of Dockets
Management, 5630 Fishers Lane, rm.
1061, Rockville, MD 20852.
DATES:
PO 00000
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23813
FOR FURTHER INFORMATION CONTACT:
Catalina Ferre-Hockensmith, Center for
Food Safety and Applied Nutrition
(HFS–820), Food and Drug
Administration, 5100 Paint Branch
Pkwy., College Park, MD 20740, 301–
436–2371.
SUPPLEMENTARY INFORMATION:
I. Background
A. Safe Handling Labeling of Shell Eggs
In the Federal Register of December 5,
2000 (65 FR 76092), FDA published a
final rule entitled ‘‘Food Labeling, Safe
Handling Statements, Labeling of Shell
Eggs; Refrigeration of Shell Eggs Held
for Retail Distribution’’ (hereinafter
referred to as the ‘‘shell egg labeling
regulation’’), which established a
labeling regulation in § 101.17(h) (21
CFR 101.17(h)) that requires the egg
industry to place a safe handling
statement on cartons of shell eggs that
have not been treated to destroy
Salmonella microorganisms. The
regulation also requires retail
establishments to store and display shell
eggs under refrigeration. FDA issued
that rule because of the number of
outbreaks of foodborne illnesses and
deaths caused by Salmonella Enteriditis
(SE) that are associated with the
consumption of shell eggs. Safe
handling statements help consumers
take measures to protect themselves
from illness or death associated with
consumption of shell eggs that have not
been treated to destroy Salmonella.
Refrigeration of shell eggs that have not
been treated to destroy Salmonella
helps prevent the growth of SE.
B. Placement and Prominence of FDA’s
Safe Handling Statement
Section 403(f) of the Federal Food,
Drug, and Cosmetic Act (the act) (21
U.S.C. 343(f)) requires that mandatory
label information be placed on the label
with such conspicuousness as to render
it likely to be read and understood by
ordinary individuals under customary
conditions of use. Accordingly, the shell
egg labeling regulation requires the safe
handling statement to appear either on
the PDP or on the information panel of
egg cartons.
FDA regulations define the PDP for
packaged food as ‘‘the part of a label
that is most likely to be displayed,
presented, shown, or examined by a
consumer under customary conditions
of display for retail sale’’ (§ 101.1). For
egg cartons, the top is usually the PDP.
The information panel for packaged
food generally is defined by § 101.2(a) as
that part of the label that is immediately
contiguous and to the right of the PDP,
with the following exceptions. If the
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Agencies
[Federal Register Volume 70, Number 86 (Thursday, May 5, 2005)]
[Proposed Rules]
[Pages 23811-23813]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-8976]
=======================================================================
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DEPARTMENT OF COMMERCE
Bureau of Economic Analysis
15 CFR Part 801
RIN 0691-AA59
[Docket No. 050406094-5094-01]
International Services Surveys: Cancellation of Five Annual
Surveys
AGENCY: Bureau of Economic Analysis, Commerce.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Economic Analysis (BEA) plans to amend its
regulations to remove the reporting requirements for five annual
surveys covering international trade in services. The five annual
surveys that would be discontinued are: BE-36, BE-47, BE-48, BE-82, and
BE-93. BEA proposed to discontinue these surveys because they have been
replaced by quarterly surveys that collect essentially the same
information.
DATES: Comments on this proposed rule will receive consideration if
submitted in writing on or before 5 p.m., July 5, 2005.
ADDRESSES: You may submit comments, identified by RIN 0691-AA59, and
referencing the agency name (Bureau of Economic Analysis), by any of
the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: Obie.Whichard@bea.gov.
Fax: Office of the Chief, International Investment
Division, (202) 606-5318.
Mail: Office of the Chief, International Investment
Division (BE-50), Bureau of Economic Analysis, U.S. Department of
Commerce, Washington, DC 20230.
Hand Delivery/Courier: 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.
Public Inspection: Comments may be inspected at BEA's offices, 1441
L Street, NW., Room 7006, between 8:30 a.m. and 5 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) 606-9890.
SUPPLEMENTARY INFORMATION: This proposed rule would amend 15 CFR Part
801 by revising Section 801.9(b) to remove the reporting requirements
for five annual surveys that collect data covering international trade
in services. The five surveys are:
BE-36, Foreign Airline Operators' Revenues and Expenses in the
United States.
BE-47, Annual Survey of Construction, Engineering, Architectural,
and Mining Services Provided by U.S. Firms to Unaffiliated Foreign
Persons.
BE-48, Annual Survey of Reinsurance and Other Insurance
Transactions by U.S. Insurance Companies with Foreign Persons.
BE-82, Annual Survey of Financial Services Transactions Between
U.S. Financial Services Providers and Unaffiliated Foreign Persons.
BE-93, Annual Survey of Royalties, License Fees, and Other Receipts
and Payments for Intangible Rights Between U.S. and Unaffiliated
Foreign Persons.
The Department of Commerce invites the general public and other
Federal agencies to comment on the cancellation of the reporting
requirements for these surveys.
The Department is proposing to remove the reporting requirements
for these five annual surveys because the information collected is now
being collected on four separate quarterly surveys. Specifically, the
BE-9, Quarterly Survey of Foreign Airline Operators' Revenues and
Expenses in the United States, replaces the BE-36 survey; the BE-25,
Quarterly Survey of Transactions Between U.S. and Unaffiliated Foreign
Persons in Selected Services and in Intangible Assets, replaces the BE-
47 and BE-93 surveys; the BE-45, Quarterly Survey of Insurance
Transactions by U.S. Insurance Companies with Foreign Persons, replaces
the BE-48 survey; and the BE-85, Quarterly Survey of Financial Services
Transactions Between U.S. Financial Services Providers and Unaffiliated
Foreign Persons, replaces the BE-82 survey. BEA began collecting data
on these quarterly surveys in 2004.
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.
Regulatory Flexibility Act
The five annual surveys referenced above currently do not have a
significant economic impact on a substantial number of small entities.
Although the number of small entities that are affected by this
rulemaking is unknown because this type of information is not tracked
by BEA, the five surveys that BEA proposes to remove excludes most
small entities from mandatory reporting. Most small entities would not
be required to report the information collected in these surveys
because they do not meet the reporting threshold. The BE-36 is required
to be filed by U.S. offices, agents, or other representatives of
[[Page 23812]]
foreign airlines operating in the United States with total annual
covered revenues or total annual covered expenses incurred in the
United States of $500,000 or more. The BE-47 survey is required to be
filed by each U.S. person (other than U.S. Government agencies) if, for
all countries and all projects combined, the gross value of new
contracts received or gross operating revenues with unaffiliated
foreign persons is $1 million or more. The BE-48 annual survey is
required to be filed by U.S. persons who have engaged in reinsurance
transactions with foreign persons, or who have received premiums from,
or paid losses to, foreign persons in the capacity of primary insurers,
in excess of $2 million. The BE-82 survey is required to be filed by
U.S. persons who are financial services providers or intermediaries, or
whose consolidated U.S. enterprise includes a separately organized
subsidiary or part that is a financial services provider or
intermediary and who had transactions (either sales or purchases)
directly with unaffiliated foreign persons in all financial services
combined in excess of $10 million during the fiscal year covered by the
survey. The BE-93 is required to be filed by U.S. persons who have
entered into agreements with unaffiliated foreign persons to buy, sell,
or use intangible assets or proprietary rights, excluding oil royalties
and other natural resources (mining) royalties. A U.S. person is
required to report if total receipts or total payments for these
agreements are in excess of $2 million in the reporting year.
Since few small businesses are subject to mandatory reporting, the
elimination of the five annual surveys should have a negligible impact
on those businesses. Therefore, the Chief Counsel for Regulation
certified that this proposed rule will not have a significant economic
impact on a substantial number of small entities.
Paperwork Reduction Act
The surveys that would be discontinued by this rule have been
approved by the Office of Management and Budget (OMB) under the
Paperwork Reduction Act under the following OMB control numbers: 0608-
0013 (BE-36 survey), 0608-0015 (BE-47 survey), 0608-0016 (BE-48
survey), 0608-0017 (BE-93 survey), and 0608-0063 (BE-82 survey). OMB
approved the quarterly surveys under the following OMB control numbers:
0608-0068 (BE-9 survey); 0608-0067 (BE-25 survey); 0608-0066 (BE-45
survey); and 0608-0065 (BE-85 survey).
List of Subjects in 15 CFR Part 801
International transactions, Economic statistics, Foreign trade,
Penalties, Reporting and recordkeeping requirements.
Dated: March 30, 2005.
Rosemary D. Marcuss,
Acting 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. 12318,
3 CFR, 1981 Comp., p. 173, and E.O. 12518, 3 CFR, 1985 Comp., p.
348.
2. Section 801.9(b)is revised to read as follows:
Sec. 801.9 Reports required.
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(b) Annual surveys. (1) BE-29, Foreign Ocean Carriers' Expenses in
the United States:
(i) Who must report. A BE-29 report is required from U.S. agents on
behalf of foreign ocean carriers transporting freight or passengers to
or from the United States. U.S. agents are steamship agents and other
persons representing foreign carriers in arranging ocean transportation
of freight and cargo between U.S. and foreign ports and in arranging
port services in the United States. Foreign carriers are foreign
persons that own or operate ocean going vessels calling at U.S. ports,
including VLCC tankers discharging petroleum offshore to pipelines and
lighter vessels destined for U.S. ports. They include carriers who own
or who operate their own or chartered (United States or foreign-flag)
vessels. They also include foreign subsidiaries of U.S. companies
operating their own or chartered vessels as carriers for their own
accounts. Where the vessels under foreign registry are operated
directly by a U.S. carrier for its own account, the operations of such
vessels should be reported on Form BE-30, Ocean Freight Revenues and
Foreign Expenses of United States Carriers. The Bureau of Economic
Analysis may, in lieu of BE-29 reports required from foreign carriers'
U.S. agents, accept consolidated reports from foreign governments
covering the operations of their national shipping concerns when, in
the Bureau's discretion, such consolidated reports would provide the
required information. Where such reports are accepted, the individual
reports from foreign carriers' U.S. agents will not be required.
(ii) Exemption. Any U.S. person otherwise required to report is
exempted from reporting if the total number of port calls by foreign
vessels handled in the reporting period is less than forty or total
covered expenses are less than $250,000. For example, if an agent
handled less than 40 port calls in a calendar year, the agent is
exempted from reporting. If the agent handled 40 or more calls, the
agent must report unless covered expenses for all foreign carriers
handled by the agent were less than $250,000. The determination of
whether a U.S. person is exempt may be based on the judgment of
knowledgeable persons who can identify reportable transactions without
conducting a detailed manual records search.
(2) BE-22, Annual Survey of Selected Services Transactions With
Unaffiliated Foreign Persons:
(i) Who must report--(A) Mandatory reporting. A BE-22 report is
required from each U.S. person who had transactions (either sales or
purchases) in excess of $1,000,000 with unaffiliated foreign persons in
any of the covered services during the U.S. person's fiscal year. The
determination of whether a U.S. person is subject to this mandatory
reporting requirement may be judgmental, that is, based on the judgment
of knowledgeable persons in a company who can identify reportable
transactions on a recall basis, with a reasonable degree of certainty
without conducting a detailed manual records search.
(B) Voluntary reporting. If, during the U.S. person's fiscal year,
the U.S. person's total transactions (either sales or purchases) in any
of the covered services is $1,000,000 or less, the U.S. person is
requested to provide an estimate of the total for each type of service.
Provision of this information is voluntary. The estimates may be
judgmental, that is, based on recall, without conducting a detailed
manual records search.
(C) Any U.S. person receiving a BE-22 survey form from BEA must
complete all relevant parts of the form and return the form to BEA. A
person that is not subject to the mandatory reporting requirement in
paragraph (b)(2)(i)(A) of this section and is not filing information on
a voluntary basis must only complete the ``Determination of reporting
status'' and the ``Certification'' sections of the survey. This
requirement is necessary to ensure
[[Page 23813]]
compliance with the reporting requirements and efficient administration
of the survey by eliminating unnecessary followup contact.
(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 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. 05-8976 Filed 5-4-05; 8:45 am]
BILLING CODE 3510-06-P