International Services Surveys: Amendments to the BE-120, Benchmark Survey of Transactions in Selected Services and Intangible Assets With Foreign Persons, 76029-76032 [2011-30914]
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Federal Register / Vol. 76, No. 234 / Tuesday, December 6, 2011 / Rules and Regulations
76029
TABLE 2—REMOVAL OF STAGE 2 HPT AIRSEALS, P/N 53L030, BY CSN—Continued
For engine model . . .
Remove
stage 2 HPT
airseal by
. . .
(2) Listed in paragraph (c)(2)(i) of the Applicability Section of this AD .................................................................................................
(3) Listed in paragraph (c)(2)(ii) of the Applicability Section of this AD ................................................................................................
13,800 CSN.
15,900 CSN.
(h) Removing From Service, the Stage 1 HPT
Airseal Ring, P/N 50L664
Remove the stage 1 HPT airseal ring, P/N
50L664, at the next piece-part exposure after
the effective date of this AD or before
accumulating the number of cycles listed in
Table 3 of this AD, whichever occurs later.
TABLE 3—REMOVAL OF STAGE 1 HPT AIRSEAL RING, P/N 50L664, BY CSN
For engine model . . .
Remove
stage 1 HPT
airseal ring
by * * *
(1) Listed in paragraph (c)(2)(i) of the Applicability Section of this AD .................................................................................................
(2) Listed in paragraph (c)(2)(ii) of the Applicability Section of this AD ................................................................................................
14,800 CSN.
16,800 CSN.
(i) Installation Prohibition
DEPARTMENT OF COMMERCE
After the effective date of this AD, do not
install any stage 1 HPT airseal, P/N 50L879,
stage 2 HPT airseal, P/N 53L030, or stage 1
HPT airseal ring, P/N 50L664, that is at piecepart exposure and exceeds the new life limit
listed in Table 1, Table 2, or Table 3 of this
AD.
Bureau of Economic Analysis
15 CFR Part 801
[Docket No. 110112021–1680–03]
RIN 0691–AA76
For the purpose of this AD, piece-part
exposure means that the part is completely
disassembled and removed from the engine.
(k) Alternative Methods of Compliance
(AMOCs)
International Services Surveys:
Amendments to the BE–120,
Benchmark Survey of Transactions in
Selected Services and Intangible
Assets With Foreign Persons
AGENCY:
(j) Definitions
The Manager, Engine Certification Office,
FAA, may approve AMOCs for this AD. Use
the procedures found in 14 CFR 39.19 to
make your request.
(l) Related Information
For more information about this AD,
contact James Gray, Aerospace Engineer,
Engine Certification Office, FAA, 12 New
England Executive Park, Burlington, MA
01803; phone: (781) 238–7742; fax: (781)
238–7199; email: james.e.gray@faa.gov.
(m) Material Incorporated by Reference
None.
tkelley on DSK3SPTVN1PROD with RULES
Issued in Burlington, MA, on November
30, 2011.
Peter A. White,
Manager, Engine & Propeller Directorate,
Aircraft Certification Service.
[FR Doc. 2011–31177 Filed 12–5–11; 8:45 am]
BILLING CODE 4910–13–P
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Bureau of Economic Analysis,
Commerce.
ACTION: Final rule.
This final rule amends the
regulations of the Bureau of Economic
Analysis, Department of Commerce
(BEA) to set forth the reporting
requirements for the BE–120,
Benchmark Survey of Transactions in
Selected Services and Intellectual
Property with Foreign Persons. The
amended regulations for the BE–120
include both definition changes and the
addition of three schedules to better
collect data in accordance with new
international economic accounting
standards. In addition, this rule changes
the BE–120 survey title from
‘‘Benchmark Survey of Transactions in
Selected Services and Intangible Assets
with Foreign Persons’’ to ‘‘Benchmark
Survey of Transactions in Selected
Services and Intellectual Property with
Foreign Persons’’ because the term
‘‘intellectual property’’ is better
understood by U.S. respondents.
The BE–120 survey covers
transactions in selected services and
SUMMARY:
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intellectual property with foreign
persons in benchmark years. In nonbenchmark years, the universe estimates
for these transactions are derived from
sample data reported on BEA’s followon survey, which is the Quarterly
Survey of Transactions in Selected
Services and Intangible Assets with
Foreign Persons (BE–125).
The data collected by the BE–120 will
be used by BEA to estimate the trade in
services component of the U.S.
International Transactions Accounts
and other economic accounts compiled
by BEA. The data are also needed by the
U.S. government to monitor U.S. exports
and imports of selected services and
intellectual property; analyze their
impact on the U.S. and foreign
economies; support U.S. international
trade policy for selected services and
intellectual property; and assess and
promote U.S. competitiveness in
international trade in services. In
addition, the data will improve the
ability of U.S. businesses to identify and
evaluate market opportunities.
DATES: The final rule is effective January
5, 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
Christopher.Emond@bea.gov; or phone
(202) 606–9826.
SUPPLEMENTARY INFORMATION: This rule
amends 15 CFR 801.10 to update certain
reporting requirements for the BE–120,
Benchmark Survey of Transactions in
Selected Services and Intangible Assets
with Foreign Persons. The revised
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Federal Register / Vol. 76, No. 234 / Tuesday, December 6, 2011 / Rules and Regulations
regulations for the BE–120 include both
definition changes and the addition of
three schedules to better collect data in
accordance with new international
standards. In addition, this rule would
change the title of the BE–120 survey
and make other non-substantive format
changes to the regulations.
In the August 12, 2011 Federal
Register (76 FR 50158–50161), BEA
published a notice of proposed
rulemaking to amend 15 CFR 801.10 to
set forth the reporting requirements for
the BE 120, Benchmark Survey of
Transactions in Selected Services and
Intangible Assets with Foreign Persons.
No comments were received on the
proposed rule. Thus, the proposed rule
is adopted without change.
tkelley on DSK3SPTVN1PROD with RULES
Description of Changes
Upon the effective date of this rule,
BEA will conduct the revised BE–120
survey every five years, with the initial
survey covering fiscal year 2011,
pursuant to the authority provided by
the International Investment and Trade
in Services Survey Act (Pub. L. 94–472,
90 Stat. 2059, 22 U.S.C. 3101–3108),
hereinafter, ‘‘the Act.’’ The revised BE–
120 survey covers purchases from and
sales to foreign persons of any of the 36
types of services or intellectual property
listed in paragraph 801.10(c) in
benchmark years. In non-benchmark
years, the universe estimates for these
transactions are derived from sample
data reported on BEA’s follow-on
survey, which is the Quarterly Survey of
Transactions in Selected Services and
Intangible Assets with Foreign Persons
(BE–125). BEA will send the survey to
potential respondents in March of 2012;
responses will be due by June 30, 2012.
This rule revises the regulations for
the BE–120 to collect data on a
mandatory basis for the same services
categories that were covered by the
previous version of the survey.
However, this rule revises the definition
of covered services; some of the services
categories that were included in the
‘‘other selected services’’ category in the
prior survey will be collected
separately. These services include
agricultural services; disbursements to
fund production costs of motion
pictures; disbursements to fund newsgathering costs and production costs of
program material other than news; and
waste treatment and depollution
services. This rule also makes nonsubstantive format changes to the
definition of covered services for better
organization. Specifically, this rule
numbers the types of services or
intellectual property into a list of 36
transactions.
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In addition, this rule revises the
regulations for the BE–120 survey to
include three new schedules, Schedules
D, E and F, to collect, on a voluntary
basis, additional information related to
intellectual property, contract
manufacturing services, and
merchanting services. The regulations at
15 U.S.C. 801.10(b)(ii) are amended to
describe the three new schedules, to
indicate the entity that is to complete
each schedule, and to provide
instructions for the type of data to be
reported. For example, Schedule D is to
be completed by a U.S. person who
engages in contract manufacturing
services transactions with foreign
persons. Schedule E is to be completed
by a U.S. person who engages in
intellectual property transactions with
foreign persons. Schedule F is to be
completed by U.S. persons who engage
in merchanting services transactions
with foreign persons. Responses from
these schedules will help BEA
determine whether respondents are able
to supply data in a manner that will
allow BEA to publish statistics on
international services transactions in
accordance with international economic
accounting guidelines.
Finally, this rule changes the BE–120
survey title from ‘‘Benchmark Survey of
Transactions in Selected Services and
Intangible Assets with Foreign Persons’’
to ‘‘Benchmark Survey of Transactions
in Selected Services and Intellectual
Property with Foreign Persons’’ because
the term ‘‘intellectual property’’ is better
understood by U.S. respondents.
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 existing
records, that instructions are clear, and
that unreasonable burdens are not
imposed. In reaching decisions about
the 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 benchmark, annual, and
quarterly surveys.
Survey Background
The Bureau of Economic Analysis
(BEA), U.S. Department of Commerce,
will conduct the survey under the
International Investment and Trade in
Services Survey Act (22 U.S.C. 3101–
3108), which provides that the President
shall, to the extent he deems necessary
and feasible, conduct a regular data
collection program to secure current
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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.
Data from the survey are needed to
monitor U.S. exports and imports of
selected services and intellectual
property; analyze their impact on the
U.S. and foreign economies; compile
and improve the U.S. international
transactions, national income and
product, and input-output accounts;
support U.S. international trade policy
for services and intellectual property;
assess and promote 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 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 0608–0058 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 benchmark survey is expected to
result in the filing of reports from
approximately 15,000 respondents.
Approximately 7,500 respondents will
report either mandatory or voluntary
data on the survey and approximately
7,500 will file exemption claims. The
respondent burden for this collection of
information will vary from one
respondent to another, but is estimated
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to average twelve hours for the
respondents that file mandatory or
voluntary data. This estimate includes
time for reviewing the instructions,
searching existing data sources,
gathering and maintaining the required
data, and completing and reviewing the
collection of information. For other
responses, the estimate is two hours.
Thus, the total respondent burden for
the survey is estimated at 105,000
hours.
Comments are requested concerning:
(a) Whether the proposed collection of
information is necessary for the proper
performance of the functions 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.
Written comments regarding the
burden-hour estimates or other aspects
of the collection-of-information
requirements contained in the final rule
should be sent both to
Christopher.emond@bea.gov and to the
Office of Management and Budget,
O.I.R.A., Paperwork Reduction Project,
Attention PRA Desk Officer for BEA, via
email at pbugg@omb.eop.gov, 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
tkelley on DSK3SPTVN1PROD with RULES
International transactions, Economic
statistics, Foreign trade, Penalties,
Reporting and recordkeeping
requirements.
Dated: November 22, 2011.
J. Steven Landefeld,
Director, Bureau of Economic Analysis.
For the reasons set forth in the
preamble, BEA amends 15 CFR part 801,
as follows:
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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. Revise § 801.10 to read as follows:
§ 801.10 Rules and regulations for the BE–
120, Benchmark Survey of Transactions in
Selected Services and Intellectual Property
with Foreign Persons.
The BE–120, Benchmark Survey of
Transactions in Selected Services and
Intellectual Property with Foreign
Persons, will be conducted covering
fiscal year 2011 and every fifth year
thereafter. All legal authorities,
provisions, definitions, and
requirements contained in section 801.1
through 801.9(a) are applicable to this
survey. Additional rules and regulations
for the BE–120 survey are given in
paragraphs (a) through (c) of this
section. More detailed instructions and
descriptions of the individual types of
transactions covered are given on the
report form itself.
(a) The BE–120 survey consists of two
parts and six schedules. Part I requests
information needed to contact the
respondent and the reporting period.
Part II requests information needed to
determine whether a report is required
and information about the reporting
entity. Each of the six schedules covers
one or more types of transactions and is
to be completed only if the U.S. reporter
has transactions of the type(s) covered
by the particular schedule.
(b) Who must report —(1) Mandatory
reporting. A BE–120 report is required
from each U.S. person that had sales to
foreign persons that exceeded $2
million during the fiscal year covered of
any of the types of services or
intellectual property listed in paragraph
(c) of this section, or had purchases
from foreign persons that exceeded $1
million during the fiscal year covered of
any of the types of services or
intellectual property listed in paragraph
(c) of this section. Because the reporting
threshold ($2 million for sales and $1
million for purchases) applies
separately to sales and purchases, the
mandatory reporting requirement may
apply only to sales, only to purchases,
or to both sales and purchases.
(i) The determination of whether a
U.S. person is subject to this mandatory
reporting requirement may be
judgmental, that is, based on the
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76031
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 records search.
(ii) U.S. persons that file pursuant to
this mandatory reporting requirement
must complete Parts I and II of Form
BE–120 and all applicable schedules.
The total values of transactions
applicable to schedules A, B, and C are
to be entered in the appropriate
column(s) and, except for sales of
merchanting services, these amounts
must be distributed among the countries
involved in the transactions. For sales of
merchanting services, the data are not
required to be reported by individual
foreign country, although this
information may be provided
voluntarily. Schedule D is to be
completed by a U.S. person who
engages in contract manufacturing
services transactions with foreign
persons. Schedule E is to be completed
by a U.S. person who engages in
intellectual property transactions with
foreign persons. Schedule F is to be
completed by U.S. persons who engage
in merchanting services transactions
with foreign persons.
(iii) Application of the exemption
levels to each covered transaction is
indicated on the schedule for that
particular type of transaction. It should
be noted that an item other than sales
or purchases may be used as the
measure of a given type of transaction
for purposes of determining whether the
threshold for mandatory reporting of the
transaction is exceeded.
(2) Voluntary reporting. If, during the
fiscal year covered, the U.S. person’s
total transactions (either sales or
purchases) in any of the types of
transactions listed in paragraph (c) of
this section are $2 million or less for
sales or $1 million or less for purchases,
the U.S. person is requested to provide
an estimate of the total for each type of
transaction. Provision of this
information is voluntary. The estimates
may be judgmental, that is, based on
recall, without conducting a detailed
records search. Because the exemption
threshold applies separately to sales and
purchases, the voluntary reporting
option may apply only to sales, only to
purchases, or to both sales and
purchases.
(3) Any U.S. person that receives the
BE–120 survey form from BEA, but is
not subject to the mandatory reporting
requirements and chooses not to report
voluntarily, must file an exemption
claim by completing pages one through
five of the BE–120 survey and returning
it to BEA. This requirement is necessary
to ensure compliance with reporting
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Federal Register / Vol. 76, No. 234 / Tuesday, December 6, 2011 / Rules and Regulations
requirements and efficient
administration of the Act by eliminating
unnecessary follow-up contact.
(c) Covered types of services. The
services covered by the BE–120 include
sales and purchases for the following
transactions (transaction types 1–8
include rights to use, rights to
distribute, or outright sales or
purchases):
(1) Rights related to industrial
processes and products;
(2) Rights related to books, CD’s,
digital music, etc.;
(3) Rights related to trademarks;
(4) Rights related to performances and
events pre-recorded on motion picture
film and TV tape (including digital
recordings);
(5) Rights related to broadcast and
recording of live performances and
events;
(6) Rights related to general use
computer software;
(7) Business format franchising fees;
(8) Other intellectual property;
(9) Accounting, auditing, and
bookkeeping services;
(10) Advertising services;
(11) Auxiliary insurance services;
(12) Computer and data processing
services;
(13) Construction services;
(14) Data base and other information
services;
(15) Educational and training services;
(16) Engineering, architectural, and
surveying services;
(17) Financial services (purchases
only);
(18) Industrial engineering services;
(19) Industrial-type maintenance,
installation, alteration, and training
services;
(20) Legal services;
(21) Management, consulting, and
public relations services (includes
expenses allocated to/from a parent and
its affiliates);
(22) Merchanting services;
(23) Mining services;
(24) Operational leasing services;
(25) Trade-related services, other than
merchanting services;
(26) Performing arts, sports, and other
live performances, presentations, and
events;
(27) Premiums paid on primary
insurance (payments only);
(28) Losses recovered on primary
insurance;
(29) Research and development
services;
(30) Telecommunications services;
(31) Agricultural services;
(32) Contract manufacturing services;
(33) Disbursements to fund
production costs of motion pictures;
(34) Disbursements to fund newsgathering costs and production costs of
program material other than news;
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(35) Waste treatment and depollution
services; and
(36) Other selected services.
[FR Doc. 2011–30914 Filed 12–5–11; 8:45 am]
BILLING CODE 3510–06–P
Background
DEPARTMENT OF STATE
22 CFR Part 22
[Public Notice 7706]
RIN 1400–AC57
Schedule of Fees for Consular
Services, Department of State and
Overseas Embassies and Consulates
AGENCY:
Bureau of Consular Affairs,
State.
ACTION:
Final rule.
This rule adopts without
change the interim final rule published
in the Federal Register, 75 FR 28188, on
May 20, 2010 (Public Notice 7018).
Specifically, the rule proposed changes
to the Schedule of Fees for Consular
Services (Schedule) for nonimmigrant
visa and border crossing card
application processing fees. This
rulemaking adopts as final the change
from $131 to $140 for the fee charged for
the processing of an application for
most non-petition-based nonimmigrant
visas (Machine-Readable Visas or
MRVs) and adult Border Crossing Cards
(BCCs). The rule also provides new tiers
of the application fee for certain
categories of petition-based
nonimmigrant visas and treaty trader
and investor visas. Finally, the rule
adopts as final the increase in the BCC
fee charged to Mexican citizens under
age 15 who apply in Mexico, and whose
parent or guardian already has a BCC or
is applying for one, from $13 to $14.
This latter change results from a
congressionally mandated surcharge
that went into effect in 2009.
The Department of State is adjusting
the fees to ensure that sufficient
resources are available to meet the costs
of providing consular services in light of
an independent cost of service study’s
findings that the U.S. Government is not
fully covering its costs for the
processing of these visas under the
current cost structure. The Department
endeavors to recover the cost of
providing services that benefit specific
individuals, as opposed to the general
public. See OMB Circular A–25, section
6(a)(1), (a)(2)(a). For this reason, the
Department has adjusted the Schedule.
DATES: Effective Date: This rule is
effective December 6, 2011.
FOR FURTHER INFORMATION CONTACT:
Polly Hill, Office of the Comptroller,
SUMMARY:
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Bureau of Consular Affairs, Department
of State; phone: (202) 663–1301, telefax:
(202) 663–2599; email: fees@state.gov.
SUPPLEMENTARY INFORMATION:
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For the complete explanation of the
background of this rule, including the
rationale for it, the Department’s
authority to make the fee changes in
question, and an explanation of the
CoSM that produced the fee amounts,
consult the prior public notices: 75 FR
66076 (Dec. 14, 2009); 75 FR 14111
(Mar. 24, 2010); and 75 FR 28188 (May
20, 2010).
The Department published a proposed
rule in the Federal Register, 74 FR
66076, on December 14, 2009, proposing
to amend 22 CFR 22.1. Specifically, the
rule proposed changes to the Schedule
of Fees for Consular Services for
nonimmigrant visa and border crossing
card application processing fees, and
provided 60 days for comments from the
public. In response to requests by the
public for more information and a
further opportunity to submit
comments, the Department published a
supplementary notice in the Federal
Register, 75 FR 14111, on March 24,
2010. The supplementary notice
provided a more detailed explanation of
the CoSM, the activity-based costing
model that the Department used to
determine the proposed fees for
consular services, and reopened the
comment period for an additional 15
days. During this and the previous 60day comment period, 81 comments were
received, either by email or through the
submission process at
www.regulations.gov. The Department
analyzed these 81 comments in the
interim final rule at 75 FR 28188,
28190–82, and does not reproduce that
analysis here. Instead, the current notice
addresses only the additional comments
received in the further 60 days during
which the comment period for this
interim final rule was open. In total, the
public has been given 135 days to
comment on this change to the Schedule
of Fees.
This rule establishes the following
fees for these categories corresponding
to projected cost figures for the visa
category as determined by the CoSM.
These fees incorporate the $1
Wilberforce surcharge that must be
added to all nonimmigrant MRVs, see
Public Law 110–457, Title II, § 239(a):
—H, L, O, P, Q, and R: $150;
—E: $390; and
—K: $350.
The Department rounded these fees to
the nearest $10 for the ease of
converting to foreign currencies, which
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]]>Agencies
[Federal Register Volume 76, Number 234 (Tuesday, December 6, 2011)]
[Rules and Regulations]
[Pages 76029-76032]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-30914]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Economic Analysis
15 CFR Part 801
[Docket No. 110112021-1680-03]
RIN 0691-AA76
International Services Surveys: Amendments to the BE-120,
Benchmark Survey of Transactions in Selected Services and Intangible
Assets With Foreign Persons
AGENCY: Bureau of Economic Analysis, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule amends the regulations of the Bureau of
Economic Analysis, Department of Commerce (BEA) to set forth the
reporting requirements for the BE-120, Benchmark Survey of Transactions
in Selected Services and Intellectual Property with Foreign Persons.
The amended regulations for the BE-120 include both definition changes
and the addition of three schedules to better collect data in
accordance with new international economic accounting standards. In
addition, this rule changes the BE-120 survey title from ``Benchmark
Survey of Transactions in Selected Services and Intangible Assets with
Foreign Persons'' to ``Benchmark Survey of Transactions in Selected
Services and Intellectual Property with Foreign Persons'' because the
term ``intellectual property'' is better understood by U.S.
respondents.
The BE-120 survey covers transactions in selected services and
intellectual property with foreign persons in benchmark years. In non-
benchmark years, the universe estimates for these transactions are
derived from sample data reported on BEA's follow-on survey, which is
the Quarterly Survey of Transactions in Selected Services and
Intangible Assets with Foreign Persons (BE-125).
The data collected by the BE-120 will be used by BEA to estimate
the trade in services component of the U.S. International Transactions
Accounts and other economic accounts compiled by BEA. The data are also
needed by the U.S. government to monitor U.S. exports and imports of
selected services and intellectual property; analyze their impact on
the U.S. and foreign economies; support U.S. international trade policy
for selected services and intellectual property; and assess and promote
U.S. competitiveness in international trade in services. In addition,
the data will improve the ability of U.S. businesses to identify and
evaluate market opportunities.
DATES: The final rule is effective January 5, 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
Christopher.Emond@bea.gov; or phone (202) 606-9826.
SUPPLEMENTARY INFORMATION: This rule amends 15 CFR 801.10 to update
certain reporting requirements for the BE-120, Benchmark Survey of
Transactions in Selected Services and Intangible Assets with Foreign
Persons. The revised
[[Page 76030]]
regulations for the BE-120 include both definition changes and the
addition of three schedules to better collect data in accordance with
new international standards. In addition, this rule would change the
title of the BE-120 survey and make other non-substantive format
changes to the regulations.
In the August 12, 2011 Federal Register (76 FR 50158-50161), BEA
published a notice of proposed rulemaking to amend 15 CFR 801.10 to set
forth the reporting requirements for the BE 120, Benchmark Survey of
Transactions in Selected Services and Intangible Assets with Foreign
Persons. No comments were received on the proposed rule. Thus, the
proposed rule is adopted without change.
Description of Changes
Upon the effective date of this rule, BEA will conduct the revised
BE-120 survey every five years, with the initial survey covering fiscal
year 2011, pursuant to the authority provided by the International
Investment and Trade in Services Survey Act (Pub. L. 94-472, 90 Stat.
2059, 22 U.S.C. 3101-3108), hereinafter, ``the Act.'' The revised BE-
120 survey covers purchases from and sales to foreign persons of any of
the 36 types of services or intellectual property listed in paragraph
801.10(c) in benchmark years. In non-benchmark years, the universe
estimates for these transactions are derived from sample data reported
on BEA's follow-on survey, which is the Quarterly Survey of
Transactions in Selected Services and Intangible Assets with Foreign
Persons (BE-125). BEA will send the survey to potential respondents in
March of 2012; responses will be due by June 30, 2012.
This rule revises the regulations for the BE-120 to collect data on
a mandatory basis for the same services categories that were covered by
the previous version of the survey. However, this rule revises the
definition of covered services; some of the services categories that
were included in the ``other selected services'' category in the prior
survey will be collected separately. These services include
agricultural services; disbursements to fund production costs of motion
pictures; disbursements to fund news-gathering costs and production
costs of program material other than news; and waste treatment and
depollution services. This rule also makes non-substantive format
changes to the definition of covered services for better organization.
Specifically, this rule numbers the types of services or intellectual
property into a list of 36 transactions.
In addition, this rule revises the regulations for the BE-120
survey to include three new schedules, Schedules D, E and F, to
collect, on a voluntary basis, additional information related to
intellectual property, contract manufacturing services, and merchanting
services. The regulations at 15 U.S.C. 801.10(b)(ii) are amended to
describe the three new schedules, to indicate the entity that is to
complete each schedule, and to provide instructions for the type of
data to be reported. For example, Schedule D is to be completed by a
U.S. person who engages in contract manufacturing services transactions
with foreign persons. Schedule E is to be completed by a U.S. person
who engages in intellectual property transactions with foreign persons.
Schedule F is to be completed by U.S. persons who engage in merchanting
services transactions with foreign persons. Responses from these
schedules will help BEA determine whether respondents are able to
supply data in a manner that will allow BEA to publish statistics on
international services transactions in accordance with international
economic accounting guidelines.
Finally, this rule changes the BE-120 survey title from ``Benchmark
Survey of Transactions in Selected Services and Intangible Assets with
Foreign Persons'' to ``Benchmark Survey of Transactions in Selected
Services and Intellectual Property with Foreign Persons'' because the
term ``intellectual property'' is better understood by U.S.
respondents.
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 existing records, that instructions are clear, and that
unreasonable burdens are not imposed. In reaching decisions about the
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 benchmark,
annual, and quarterly surveys.
Survey Background
The Bureau of Economic Analysis (BEA), U.S. Department of Commerce,
will conduct the survey under the International Investment and Trade in
Services Survey Act (22 U.S.C. 3101-3108), 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.
Data from the survey are needed to monitor U.S. exports and imports
of selected services and intellectual property; analyze their impact on
the U.S. and foreign economies; compile and improve the U.S.
international transactions, national income and product, and input-
output accounts; support U.S. international trade policy for services
and intellectual property; assess and promote 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 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 0608-0058 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 benchmark survey is expected to result in the filing of reports
from approximately 15,000 respondents. Approximately 7,500 respondents
will report either mandatory or voluntary data on the survey and
approximately 7,500 will file exemption claims. The respondent burden
for this collection of information will vary from one respondent to
another, but is estimated
[[Page 76031]]
to average twelve hours for the respondents that file mandatory or
voluntary data. This estimate includes time for reviewing the
instructions, searching existing data sources, gathering and
maintaining the required data, and completing and reviewing the
collection of information. For other responses, the estimate is two
hours. Thus, the total respondent burden for the survey is estimated at
105,000 hours.
Comments are requested concerning: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions 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.
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in the
final rule should be sent both to Christopher.emond@bea.gov and to the
Office of Management and Budget, O.I.R.A., Paperwork Reduction Project,
Attention PRA Desk Officer for BEA, via email at pbugg@omb.eop.gov, 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.
Dated: November 22, 2011.
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. Revise Sec. 801.10 to read as follows:
Sec. 801.10 Rules and regulations for the BE-120, Benchmark Survey of
Transactions in Selected Services and Intellectual Property with
Foreign Persons.
The BE-120, Benchmark Survey of Transactions in Selected Services
and Intellectual Property with Foreign Persons, will be conducted
covering fiscal year 2011 and every fifth year thereafter. All legal
authorities, provisions, definitions, and requirements contained in
section 801.1 through 801.9(a) are applicable to this survey.
Additional rules and regulations for the BE-120 survey are given in
paragraphs (a) through (c) of this section. More detailed instructions
and descriptions of the individual types of transactions covered are
given on the report form itself.
(a) The BE-120 survey consists of two parts and six schedules. Part
I requests information needed to contact the respondent and the
reporting period. Part II requests information needed to determine
whether a report is required and information about the reporting
entity. Each of the six schedules covers one or more types of
transactions and is to be completed only if the U.S. reporter has
transactions of the type(s) covered by the particular schedule.
(b) Who must report --(1) Mandatory reporting. A BE-120 report is
required from each U.S. person that had sales to foreign persons that
exceeded $2 million during the fiscal year covered of any of the types
of services or intellectual property listed in paragraph (c) of this
section, or had purchases from foreign persons that exceeded $1 million
during the fiscal year covered of any of the types of services or
intellectual property listed in paragraph (c) of this section. Because
the reporting threshold ($2 million for sales and $1 million for
purchases) applies separately to sales and purchases, the mandatory
reporting requirement may apply only to sales, only to purchases, or to
both sales and purchases.
(i) 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 records search.
(ii) U.S. persons that file pursuant to this mandatory reporting
requirement must complete Parts I and II of Form BE-120 and all
applicable schedules. The total values of transactions applicable to
schedules A, B, and C are to be entered in the appropriate column(s)
and, except for sales of merchanting services, these amounts must be
distributed among the countries involved in the transactions. For sales
of merchanting services, the data are not required to be reported by
individual foreign country, although this information may be provided
voluntarily. Schedule D is to be completed by a U.S. person who engages
in contract manufacturing services transactions with foreign persons.
Schedule E is to be completed by a U.S. person who engages in
intellectual property transactions with foreign persons. Schedule F is
to be completed by U.S. persons who engage in merchanting services
transactions with foreign persons.
(iii) Application of the exemption levels to each covered
transaction is indicated on the schedule for that particular type of
transaction. It should be noted that an item other than sales or
purchases may be used as the measure of a given type of transaction for
purposes of determining whether the threshold for mandatory reporting
of the transaction is exceeded.
(2) Voluntary reporting. If, during the fiscal year covered, the
U.S. person's total transactions (either sales or purchases) in any of
the types of transactions listed in paragraph (c) of this section are
$2 million or less for sales or $1 million or less for purchases, the
U.S. person is requested to provide an estimate of the total for each
type of transaction. Provision of this information is voluntary. The
estimates may be judgmental, that is, based on recall, without
conducting a detailed records search. Because the exemption threshold
applies separately to sales and purchases, the voluntary reporting
option may apply only to sales, only to purchases, or to both sales and
purchases.
(3) Any U.S. person that receives the BE-120 survey form from BEA,
but is not subject to the mandatory reporting requirements and chooses
not to report voluntarily, must file an exemption claim by completing
pages one through five of the BE-120 survey and returning it to BEA.
This requirement is necessary to ensure compliance with reporting
[[Page 76032]]
requirements and efficient administration of the Act by eliminating
unnecessary follow-up contact.
(c) Covered types of services. The services covered by the BE-120
include sales and purchases for the following transactions (transaction
types 1-8 include rights to use, rights to distribute, or outright
sales or purchases):
(1) Rights related to industrial processes and products;
(2) Rights related to books, CD's, digital music, etc.;
(3) Rights related to trademarks;
(4) Rights related to performances and events pre-recorded on
motion picture film and TV tape (including digital recordings);
(5) Rights related to broadcast and recording of live performances
and events;
(6) Rights related to general use computer software;
(7) Business format franchising fees;
(8) Other intellectual property;
(9) Accounting, auditing, and bookkeeping services;
(10) Advertising services;
(11) Auxiliary insurance services;
(12) Computer and data processing services;
(13) Construction services;
(14) Data base and other information services;
(15) Educational and training services;
(16) Engineering, architectural, and surveying services;
(17) Financial services (purchases only);
(18) Industrial engineering services;
(19) Industrial-type maintenance, installation, alteration, and
training services;
(20) Legal services;
(21) Management, consulting, and public relations services
(includes expenses allocated to/from a parent and its affiliates);
(22) Merchanting services;
(23) Mining services;
(24) Operational leasing services;
(25) Trade-related services, other than merchanting services;
(26) Performing arts, sports, and other live performances,
presentations, and events;
(27) Premiums paid on primary insurance (payments only);
(28) Losses recovered on primary insurance;
(29) Research and development services;
(30) Telecommunications services;
(31) Agricultural services;
(32) Contract manufacturing services;
(33) Disbursements to fund production costs of motion pictures;
(34) Disbursements to fund news-gathering costs and production
costs of program material other than news;
(35) Waste treatment and depollution services; and
(36) Other selected services.
[FR Doc. 2011-30914 Filed 12-5-11; 8:45 am]
BILLING CODE 3510-06-P
