Direct Investment Surveys: BE-13, Survey of New Foreign Direct Investment in the United States, 30503-30506 [2014-12159]
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Federal Register / Vol. 79, No. 102 / Wednesday, May 28, 2014 / Proposed Rules
(ii) Boeing Service Bulletin 737–53–1083,
Revision 2, dated March 25, 1988.
(iii) Boeing Service Bulletin 737–53–1083,
Revision 3, dated December 7, 1989.
(3) For Group 5 airplanes, as identified in
Boeing Special Attention Service Bulletin
737–53–1083, Revision 4, dated December
18, 2013: Within 120 days after the effective
date of this AD, inspect the forward entry
door cutout and airstairs cutout for cracks,
and repair any crack, using a method
approved in accordance with the procedures
specified in paragraph (k) of this AD.
(h) Optional Preventive Modification
For Groups 1 and 2, Configurations 5 and
6 airplanes; and Groups 3 and 4 airplanes; as
identified in Boeing Special Attention
Service Bulletin 737–53–1083, Revision 4,
dated December 18, 2013: Except as required
by paragraph (j)(2) of this AD,
accomplishment of the preventive
modification in accordance with Part 2 of the
Accomplishment Instructions of Boeing
Special Attention Service Bulletin 737–53–
1083, Revision 4, dated December 18, 2013,
terminates the inspections required by
paragraph (g)(1) of this AD.
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(i) Post-Modification and Post-Repair
Repetitive Inspections
The post-modification and post-repair
repetitive inspections specified in table 4 of
paragraph 1.E., ‘‘Compliance,’’ of Boeing
Special Attention Service Bulletin 737–53–
1083, Revision 4, dated December 18, 2013,
are not required by this AD.
Note 1 to paragraph (i) of this AD: The
inspections specified in table 4 of paragraph
1.E., ‘‘Compliance,’’ of Boeing Special
Attention Service Bulletin 737–53–1083,
Revision 4, dated December 18, 2013, may be
used in support of compliance with Section
121.1109(c)(2) or 129.109(b)(2) of the Federal
Aviation Regulations (14 CFR 121.1109(c)(2)
or 14 CFR 129.109(b)(2)). The corresponding
actions specified in the Accomplishment
Instructions of Boeing Special Attention
Service Bulletin 737–53–1083, Revision 4,
dated December 18, 2013, are not required by
this AD.
(j) Exceptions to Service Information
Specifications
(1) Where Boeing Special Attention Service
Bulletin 737–53–1083, Revision 4, dated
December 18, 2013, specifies a compliance
time ‘‘after the Revision 4 date of this service
bulletin,’’ this AD requires compliance
within the specified compliance time after
the effective date of this AD.
(2) Where Boeing Special Attention Service
Bulletin 737–53–1083, Revision 4, dated
December 18, 2013, specifies to contact
Boeing for repair instructions, this AD
requires repair before further flight using a
method approved in accordance with the
procedures specified in paragraph (k) of this
AD.
(k) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Seattle Aircraft
Certification Office (ACO), FAA, has the
authority to approve AMOCs for this AD, if
requested using the procedures found in 14
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CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector
or local Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the ACO, send it to the
attention of the person identified in
paragraph (l)(1) of this AD. Information may
be emailed to: 9-ANM-Seattle-ACO-AMOCRequests@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair
required by this AD if it is approved by the
Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has
been authorized by the Manager, Seattle
ACO, to make those findings. For a repair
method to be approved, the repair must meet
the certification basis of the airplane, and the
approval must specifically refer to this AD.
(l) Related Information
(1) For more information about this AD,
contact Alan Pohl, Aerospace Engineer,
ANM–120S, Seattle Aircraft Certification
Office, FAA, 1601 Lind Avenue SW., Renton,
WA 98057–3356; phone: 425–917–6450; fax:
425–917–6590; email: alan.pohl@faa.gov.
(2) For service information identified in
this AD, Boeing Commercial Airplanes,
Attention: Data & Services Management, P.O.
Box 3707, MC 2H–65, Seattle, WA 98124–
2207; telephone 206–544–5000, extension 1;
fax 206–766–5680; Internet https://
www.myboeingfleet.com.
Issued in Renton, Washington, on May 16,
2014.
Michael Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2014–12254 Filed 5–27–14; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of Economic Analysis
15 CFR Part 801
[Docket No. 140424374–4374–01]
RIN 0691–XC025
Direct Investment Surveys: BE–13,
Survey of New Foreign Direct
Investment in the United States
Bureau of Economic Analysis,
Commerce.
ACTION: Notice of proposed rulemaking.
AGENCY:
This proposed rule would
amend regulations of the Department of
Commerce’s Bureau of Economic
Analysis (BEA) to reinstate the reporting
requirements for the BE–13, Survey of
New Foreign Direct Investment in the
United States, which was discontinued
in 2009. BEA is proposing to reinstate
SUMMARY:
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30503
this survey to better measure Commerce
Department efforts through the ‘‘Build It
Here, Sell It Everywhere’’ initiative to
expand foreign business investment in
the United States and to ensure
complete coverage of BEA’s other
foreign direct investment statistics. This
survey will collect 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 would 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 would be 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 insure
that respondents subject to the
requirements for foreign direct
investments in the U.S. are identified.
DATES: Comments on this proposed rule
will receive consideration if submitted
in writing on or before 5:00 p.m. July 28,
2014.
ADDRESSES: You may submit comments,
identified by RIN 0691–XC025, 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.
For Keyword or ID, enter ‘‘EAB–2014–
0001.’’
• Email: Barbara.Hubbard@bea.gov.
• Fax: Office of the Chief, Direct
Investment Division, (202) 606–2894.
• Mail: Office of the Chief, Direct
Investment Division, U.S. Department of
Commerce, Bureau of Economic
Analysis, BE–50, Washington, DC
20230.
• Hand Delivery/Courier: Office of the
Chief, Direct Investment Division, U.S.
Department of Commerce, Bureau of
Economic Analysis, BE–50, Shipping
and Receiving, Section M100, 1441 L
Street NW., Washington, DC 20005.
Written comments regarding the
burden-hour estimates or other aspects
of the collection-of-information
requirements contained in the proposed
rule should be sent to both BEA through
any of the methods above and to the
Office of Management and Budget
(OMB), OIRA, Paperwork Reduction
Project 0608–0035, Attention PRA Desk
Officer for BEA, via email at pbugg@
omb.eop.gov, or by FAX at 202–395–
7245.
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Federal Register / Vol. 79, No. 102 / Wednesday, May 28, 2014 / Proposed Rules
Public Inspection: All comments
received are a part of the public record
and will generally be posted to https://
www.regulations.gov without change.
All personal identifying information (for
example, name, address, etc.)
voluntarily submitted by the
commentator may be publicly
accessible. Do not submit confidential
business information or otherwise
sensitive or protected information. BEA
will accept anonymous comments (enter
N/A in required fields if you wish to
remain anonymous). Attachments to
electronic comments will be accepted in
Microsoft Word, Excel, or Adobe
portable document file (pdf) formats
only.
FOR FURTHER INFORMATION CONTACT:
Barbara Hubbard, Chief, Direct
Transactions and Positions Branch (BE–
49NI), Bureau of Economic Analysis,
U.S. Department of Commerce,
Washington, DC 20230; phone (202)
606–9846.
SUPPLEMENTARY INFORMATION: BEA will
conduct the BE–13 survey under the
authority of the International
Investment and Trade in Services
Survey Act (22 U.S.C. 3101–3108).
Section 4(a) of the Act provides that the
President shall, to the extent he deems
necessary and feasible,
(1) conduct a regular data collection
program to secure current information
on international capital flows and
information related to international
investment and trade in services,
including (but not limited to) such
information as may be necessary for
computing and analyzing the United
States balance of payments,
employment and taxes of United States
parent and affiliates, and the
international investment and trade in
services position of the United States;
(2) conduct such studies and surveys
as may be necessary to prepare reports
in a timely manner on specific aspects
of international investment and trade in
services which may have significant
implications for the economic welfare
and national security of the United
States.
In Section 3 of Executive Order
11961, the President delegated the
responsibility for performing functions
under the Act concerning direct
investment to the Secretary of
Commerce, who has redelegated the
responsibility to BEA.
By rule issued in 2012 (77 FR 24373),
BEA established guidelines for
collecting data on international trade in
services and direct investment through
notices, rather than through rulemaking.
This proposed rule would amend the
regulations to provide for a revised BE–
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13 survey and to require a response
from persons subject to the reporting
requirements of the BE–13, whether or
not they are contacted by BEA, in order
to ensure complete coverage of new
foreign direct investments.
The BE–13, Survey of New Foreign
Direct Investment in the United States,
was a mandatory survey and was
conducted pursuant to the International
Investment and Trade in Services
Survey Act, 22 U.S.C. 3101–3108 (the
Act). In 2009, BEA discontinued the
BE–13 survey due to budget reductions.
To better measure the results of
Commerce’s investment promotion
efforts, BEA is seeking to reinstate the
survey with a new questionnaire
covering expansions of foreign-owned
U.S. companies.
The purpose of the BE–13 survey is to
collect data on the acquisition or
establishment of U.S. business
enterprises by foreign investors and the
expansion of existing U.S. affiliates of
foreign companies to establish new
production facilities. The data collected
on the survey are used to measure the
amount of new foreign direct
investment in the United States, assess
the impact on the U.S. economy, and
based on this assessment, make
informed policy decisions regarding
foreign direct investment in the United
States. Foreign direct investment in the
United States is defined as the
ownership or control, directly or
indirectly, by one foreign person
(foreign parent) of 10 percent or more of
the voting securities of an incorporated
U.S. business enterprise, or an
equivalent interest of an unincorporated
U.S. business enterprise, including a
branch.
BEA will make the survey available
via eFile, BEA’s electronic filing system.
Survey respondents will be notified of
their obligation to file in November
2014 and BEA will collect data
retroactively back to January 1, 2014.
Thereafter, notifications will be mailed
to respondents as BEA becomes aware
of a potentially reportable investment or
when annual cost updates are needed.
The forms are due no later than 45 days
after the acquisition is completed, the
new legal entity is established, the
expansion is begun, or the cost update
is requested.
This proposed rule would amend 15
CFR 801.7 to set forth the reporting
requirements for the BE–13, Survey of
New Foreign Direct Investment in the
United States. The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
comment on proposed and/or
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continuing information collections, as
required by the Paperwork Reduction
Act of 1995, 44 U.S.C. 3501–3520 (PRA).
Description of Changes
The proposed changes would amend
the regulations and the survey forms for
the BE–13 survey. These amendments
include changes in reporting
requirements and questionnaire design
as well as data items collected.
If this proposed rule is made final,
U.S. affiliates would report information
on expansions, acquisitions, and
establishments of U.S. business
enterprises by foreign investors. Unlike
other BEA surveys conducted pursuant
to the Act, persons subject to the
reporting requirements of the BE–13,
Survey of New Foreign Direct
Investment in the United States, would
be required to respond whether or not
they are contacted by BEA.
Depending on the type of investment
transaction, U.S. affiliates would report
their information on one of six forms—
BE–13A, BE–13B, BE–13C, BE–13D, BE–
13E, or BE–13 Claim for Exemption.
Previously, one form was used to collect
information on all transaction types;
however, navigating a single form
proved difficult for respondents because
the type of transaction determined the
amount of information required.
Utilizing separate forms will ease
respondent burden by streamlining
navigation. The proposed reporting
requirements for the six forms are:
(a) Form BE–13A—Report for a U.S.
business enterprise when a foreign
entity acquires a voting interest
(directly, or indirectly through an
existing U.S. affiliate) in that enterprise,
segment, or operating unit and (i) the
total cost of the acquisition is greater
than $3 million, (ii) the U.S. business
enterprise will operate as a separate
legal entity, and (iii) by this acquisition,
at least 10 percent of the voting interest
in the acquired entity is now held
(directly or indirectly) by the foreign
entity.
(b) Form BE–13B—Report for a U.S.
business enterprise when a foreign
entity, or an existing U.S. affiliate of a
foreign entity, establishes a new legal
entity in the United States and (i) the
projected total cost to establish the new
legal entity is greater than $3 million,
and (ii) the foreign entity owns 10
percent or more of the new business
enterprise’s voting interest (directly or
indirectly).
(c) Form BE–13C—Report for an
existing U.S. affiliate of a foreign parent
when it acquires a U.S. business
enterprise or segment that it then
merges into its operations and the total
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cost to acquire the business enterprise is
greater than $3 million.
(d) Form BE–13D—Report for an
existing U.S. affiliate of a foreign parent
when it expands its operations to
include a new facility where business is
conducted and the projected total cost
of the expansion is greater than $3
million.
(e) Form BE–13E—Report for a U.S.
business enterprise that previously filed
a BE–13B or BE–13D indicating that the
established or expanded entity is still
under construction.
(f) Form BE–13 Claim for
Exemption—Report for a U.S. business
enterprise that (i) was contacted by BEA
but does not meet the requirements for
filing forms BE–13A, BE–13B, BE–13C,
or BE–13D, or (ii) whether or not
contacted by BEA, met all requirements
for filing on Forms BE–13A, BE–13B,
BE–13C, or BE–13D except the $3
million reporting threshold.
In addition to the changes in the
reporting criteria and form design, BEA
proposes to add and delete some data
items from the information collected on
the previous BE–13 survey. The
following items would be added to the
survey:
(1) Equity and debt components of the
foreign parent funding;
(2) A question asking if the new U.S.
operation will have research and
development activities;
(3) A question asking if the new
operation is under construction;
(4) Employment projections;
(5) Actual and projected construction
expenditures by type and by year.
BEA also proposes to eliminate
several items from the new foreign
investment survey. The items proposed
to be eliminated are: Investment
incentives, sales by industry (total sales
and the overall industry code for the
new operation will still be collected),
equity ownership interest (voting
interest will still be collected), address
of the foreign parent (country will still
be collected), and acres of U.S. land
owned.
subject to review and approval by OMB
under the PRA. The requirement will be
submitted to OMB for approval as a
reinstatement, with change, of a
previously approved collection under
OMB control number 0608–0035.
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 PRA unless
that collection displays a currently valid
OMB control number.
The BE–13 survey, as proposed, 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.
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 proposed
rule should be sent to both BEA and
OMB following the instructions given in
the ADDRESSES section above.
Executive Order 12866
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 (RFA), 5 U.S.C. 605(b),
that this proposed rulemaking, if
adopted, will not have a significant
economic impact on a substantial
number of small entities. The changes
proposed in this rule are discussed in
the preamble and are not repeated here.
For small businesses that meet the
reporting requirements of the survey,
This proposed rule has been
determined to be not significant for
purposes of E.O. 12866.
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Executive Order 13132
This proposed rule does not contain
policies with Federalism implications
sufficient to warrant preparation of a
Federalism assessment under E.O.
13132.
Paperwork Reduction Act
This proposed rule contains a
collection-of-information requirement
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BEA has attempted to keep burden to a
minimum by asking only those
questions that are considered essential.
The questions required are for data
items that a company would ordinarily
have obtained when planning an
acquisition or expansion and therefore
the answers are likely to be readily
available from the existing records of
the business.
The amount of information required
to be reported by each U.S. enterprise is
determined by the type of transaction.
U.S. enterprises acquired by a foreign
investor are only required to file the BE–
13 survey once. Foreign-owned U.S.
enterprises that are newly established or
are undergoing expansion will be
required to file an initial report and then
will be asked to revise their projected
costs every year until construction is
complete.
Because those small businesses that
are impacted are subject to only a
minimal reporting burden, the Chief
Counsel for Regulation certifies that this
proposed rule will not have a significant
economic impact on a substantial
number of small entities.
List of Subjects in 15 CFR Part 801
Economic statistics, Foreign
investment in the United States,
International transactions, Penalties,
Reporting and record keeping
requirements.
Dated: May 16, 2014.
Brent Moulton,
Acting Director, Bureau of Economic
Analysis.
For 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 AND SURVEYS OF DIRECT
INVESTMENT
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; 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
(3CFR, 1985 Comp. p. 348).
■
2. Revise § 801.3 to read as follows:
§ 801.3
Reporting requirements.
Except for surveys subject to
rulemaking in § 801.7, reporting
requirements for all other surveys
conducted by the Bureau of Economic
Analysis shall be as follows:
(a) Notice of specific reporting
requirements, including who is required
to report, the information to be reported,
the manner of reporting, and the time
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and place of filing reports, will be
published by the Director of the Bureau
of Economic Analysis in the Federal
Register prior to the implementation of
a survey;
(b) In accordance with section
3104(b)(2) of title 22 of the United States
Code, persons notified of these surveys
and subject to the jurisdiction of the
United States shall furnish, under oath,
any report containing information
which is determined to be necessary to
carry out the surveys and studies
provided for by the Act; and
(c) Persons not notified in writing of
their filing obligation by the Bureau of
Economic Analysis are not required to
complete the survey.
■ 3. Revise § 801.4 to read as follows:
§ 801.4
Recordkeeping requirements.
In accordance with section 3104(b)(1)
of title 22 of the United States Code,
persons subject to the jurisdiction of the
United States shall maintain any
information which is essential for
carrying out the surveys and studies
provided for by the Act.
■ 4. Amend § 801.7 to read as follows:
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§ 801.7 Rules and regulations for the BE–
13, Survey of New Foreign Direct
Investment in the United States.
The BE–13, Survey of New Foreign
Direct Investment in the United States is
conducted to collect data on the
acquisition or establishment of U.S.
business enterprises by foreign investors
and the expansion of existing U.S.
affiliates of foreign companies to
establish a new production facility. All
legal authorities, provisions, definitions,
and requirements contained in §§ 801.1
through 801.2 and §§ 801.4 through
801.6 are applicable to this survey.
Specific additional rules and regulations
for the BE–13 survey are given in
paragraphs (a) through (d) of this
section. More detailed instructions are
given on the report forms and
instructions.
(a) Response required. 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,
contained herein, whether or not they
are contacted by BEA. Also, a person, or
their agent, that is contacted by BEA
about reporting in this survey, either by
sending them a report form or by
written inquiry, must respond in writing
pursuant this section. This may be
accomplished by filing the properly
completed BE–13 report (BE–13A, BE–
13B, BE–13C, BE–13D, BE–13E, or BE–
13 Claim for Exemption) within 45 days
of being contacted.
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(b) Who must report. A BE–13 report
is required of any U.S. company in
which:
(1) A foreign direct investment in the
United States relationship is created;
(2) An existing U.S. affiliate of a
foreign parent establishes a new U.S.
legal entity, expands its U.S. operations,
or acquires a U.S. business enterprise,
or;
(3) A U.S. business enterprise that
previously filed a BE–13B or BE–13D
indicating that the established or
expanded entity is still under
construction. Foreign direct investment
is defined as the ownership or control
by one foreign person (foreign parent) of
10 percent or more of the voting
securities of an incorporated U.S.
business enterprise, or an equivalent
interest of an unincorporated U.S.
business enterprise, including a branch.
(c) Forms to be filed. Depending on
the type of investment transaction, U.S.
affiliates would report their information,
on one of six forms—BE–13A, BE–13B,
BE–13C, BE–13D, BE–13E, or BE–13
Claim for Exemption.
(1) Form BE–13A—Report for a U.S.
business enterprise when a foreign
entity acquires a voting interest
(directly, or indirectly through an
existing U.S. affiliate) in that enterprise,
segment, or operating unit and:
(i) The total cost of the acquisition is
greater than $3 million;
(ii) The U.S. business enterprise will
operate as a separate legal entity, and;
(iii) By this acquisition, at least 10
percent of the voting interest in the
acquired entity is now held (directly or
indirectly) by the foreign entity.
(2) Form BE–13B—Report for a U.S.
business enterprise when a foreign
entity, or an existing U.S. affiliate of a
foreign entity, establishes a new legal
entity in the United States and:
(i) The projected total cost to establish
the new legal entity is greater than $3
million, and;
(ii) The foreign entity owns 10 percent
or more of the new business enterprise’s
voting interest (directly or indirectly).
(3) Form BE–13C—Report for an
existing U.S. affiliate of a foreign parent
when it acquires a U.S. business
enterprise or segment that it then
merges into its operations and the total
cost to acquire the business enterprise is
greater than $3 million.
(4) Form BE–13D—Report for an
existing U.S. affiliate of a foreign parent
when it expands its operations to
include a new facility where business is
conducted and the projected total cost
of the expansion is greater than $3
million.
(5) Form BE–13E—Report for a U.S.
business enterprise that previously filed
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a BE–13B or BE–13D indicating that the
established or expanded entity is still
under construction. This form will
collect updated cost information and
will be collected annually until
construction is complete.
(6) Form BE–13 Claim for Not Filing—
Report for a U.S. business enterprise
that:
(i) was contacted by BEA but does not
meet the requirements for filing forms
BE–13A, BE–13B, BE–13C, or BE–13D;
or
(ii) whether or not contacted by BEA,
met all requirements for filing on Forms
BE–13A, BE–13B, BE–13C, or BE–13D
except the $3 million reporting
threshold.
(d) Due date. The BE–13 forms are
due no later than 45 days after the
acquisition is completed, the new legal
entity is established, the expansion is
begun, or the cost update is requested.
[FR Doc. 2014–12159 Filed 5–27–14; 8:45 am]
BILLING CODE 3510–06–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Parts 1100, 1140, and 1143
[Docket No. FDA–2014–N–0189]
RIN 0910–AG38
Deeming Tobacco Products To Be
Subject to the Federal Food, Drug, and
Cosmetic Act, as Amended by the
Family Smoking Prevention and
Tobacco Control Act; Regulations on
the Sale and Distribution of Tobacco
Products and Required Warning
Statements for Tobacco Products;
Correction
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Proposed rule; correction.
The Food and Drug
Administration (FDA or we) is
correcting the preamble to a proposed
rule that appeared in the Federal
Register of April 25, 2014. That
proposed rule would deem products
meeting the statutory definition of
‘‘tobacco product,’’ except accessories of
a proposed deemed tobacco product, to
be subject to the Federal Food, Drug,
and Cosmetic Act (the FD&C Act), as
amended by the Family Smoking
Prevention and Tobacco Control Act
(Tobacco Control Act). The Tobacco
Control Act provides FDA authority to
regulate cigarettes, cigarette tobacco,
roll-your-own tobacco, smokeless
tobacco, and any other tobacco products
SUMMARY:
E:\FR\FM\28MYP1.SGM
28MYP1
]]>Agencies
[Federal Register Volume 79, Number 102 (Wednesday, May 28, 2014)]
[Proposed Rules]
[Pages 30503-30506]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12159]
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DEPARTMENT OF COMMERCE
Bureau of Economic Analysis
15 CFR Part 801
[Docket No. 140424374-4374-01]
RIN 0691-XC025
Direct Investment Surveys: BE-13, Survey of New Foreign Direct
Investment in the United States
AGENCY: Bureau of Economic Analysis, Commerce.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: This proposed rule would amend regulations of the Department
of Commerce's Bureau of Economic Analysis (BEA) to reinstate the
reporting requirements for the BE-13, Survey of New Foreign Direct
Investment in the United States, which was discontinued in 2009. BEA is
proposing to reinstate this survey to better measure Commerce
Department efforts through the ``Build It Here, Sell It Everywhere''
initiative to expand foreign business investment in the United States
and to ensure complete coverage of BEA's other foreign direct
investment statistics. This survey will collect 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
would 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 would be 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 insure that respondents subject to
the requirements for foreign direct investments in the U.S. are
identified.
DATES: Comments on this proposed rule will receive consideration if
submitted in writing on or before 5:00 p.m. July 28, 2014.
ADDRESSES: You may submit comments, identified by RIN 0691-XC025, 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. For Keyword or ID,
enter ``EAB-2014-0001.''
Email: Barbara.Hubbard@bea.gov.
Fax: Office of the Chief, Direct Investment Division,
(202) 606-2894.
Mail: Office of the Chief, Direct Investment Division,
U.S. Department of Commerce, Bureau of Economic Analysis, BE-50,
Washington, DC 20230.
Hand Delivery/Courier: Office of the Chief, Direct
Investment Division, U.S. Department of Commerce, Bureau of Economic
Analysis, BE-50, Shipping and Receiving, Section M100, 1441 L Street
NW., Washington, DC 20005.
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in the
proposed rule should be sent to both BEA through any of the methods
above and to the Office of Management and Budget (OMB), OIRA, Paperwork
Reduction Project 0608-0035, Attention PRA Desk Officer for BEA, via
email at pbugg@omb.eop.gov, or by FAX at 202-395-7245.
[[Page 30504]]
Public Inspection: All comments received are a part of the public
record and will generally be posted to https://www.regulations.gov
without change. All personal identifying information (for example,
name, address, etc.) voluntarily submitted by the commentator may be
publicly accessible. Do not submit confidential business information or
otherwise sensitive or protected information. BEA will accept anonymous
comments (enter N/A in required fields if you wish to remain
anonymous). Attachments to electronic comments will be accepted in
Microsoft Word, Excel, or Adobe portable document file (pdf) formats
only.
FOR FURTHER INFORMATION CONTACT: Barbara Hubbard, Chief, Direct
Transactions and Positions Branch (BE-49NI), Bureau of Economic
Analysis, U.S. Department of Commerce, Washington, DC 20230; phone
(202) 606-9846.
SUPPLEMENTARY INFORMATION: BEA will conduct the BE-13 survey under the
authority of the International Investment and Trade in Services Survey
Act (22 U.S.C. 3101-3108). Section 4(a) of the Act provides that the
President shall, to the extent he deems necessary and feasible,
(1) conduct a regular data collection program to secure current
information on international capital flows and information related to
international investment and trade in services, including (but not
limited to) such information as may be necessary for computing and
analyzing the United States balance of payments, employment and taxes
of United States parent and affiliates, and the international
investment and trade in services position of the United States;
(2) conduct such studies and surveys as may be necessary to prepare
reports in a timely manner on specific aspects of international
investment and trade in services which may have significant
implications for the economic welfare and national security of the
United States.
In Section 3 of Executive Order 11961, the President delegated the
responsibility for performing functions under the Act concerning direct
investment to the Secretary of Commerce, who has redelegated the
responsibility to BEA.
By rule issued in 2012 (77 FR 24373), BEA established guidelines
for collecting data on international trade in services and direct
investment through notices, rather than through rulemaking. This
proposed rule would amend the regulations to provide for a revised BE-
13 survey and to require a response from persons subject to the
reporting requirements of the BE-13, whether or not they are contacted
by BEA, in order to ensure complete coverage of new foreign direct
investments.
The BE-13, Survey of New Foreign Direct Investment in the United
States, was a mandatory survey and was conducted pursuant to the
International Investment and Trade in Services Survey Act, 22 U.S.C.
3101-3108 (the Act). In 2009, BEA discontinued the BE-13 survey due to
budget reductions. To better measure the results of Commerce's
investment promotion efforts, BEA is seeking to reinstate the survey
with a new questionnaire covering expansions of foreign-owned U.S.
companies.
The purpose of the BE-13 survey is to collect data on the
acquisition or establishment of U.S. business enterprises by foreign
investors and the expansion of existing U.S. affiliates of foreign
companies to establish new production facilities. The data collected on
the survey are used to measure the amount of new foreign direct
investment in the United States, assess the impact on the U.S. economy,
and based on this assessment, make informed policy decisions regarding
foreign direct investment in the United States. Foreign direct
investment in the United States is defined as the ownership or control,
directly or indirectly, by one foreign person (foreign parent) of 10
percent or more of the voting securities of an incorporated U.S.
business enterprise, or an equivalent interest of an unincorporated
U.S. business enterprise, including a branch.
BEA will make the survey available via eFile, BEA's electronic
filing system. Survey respondents will be notified of their obligation
to file in November 2014 and BEA will collect data retroactively back
to January 1, 2014. Thereafter, notifications will be mailed to
respondents as BEA becomes aware of a potentially reportable investment
or when annual cost updates are needed. The forms are due no later than
45 days after the acquisition is completed, the new legal entity is
established, the expansion is begun, or the cost update is requested.
This proposed rule would amend 15 CFR 801.7 to set forth the
reporting requirements for the BE-13, Survey of New Foreign Direct
Investment in the United States. The Department of Commerce, as part of
its continuing effort to reduce paperwork and respondent burden,
invites the general public and other Federal agencies to comment on
proposed and/or continuing information collections, as required by the
Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3520 (PRA).
Description of Changes
The proposed changes would amend the regulations and the survey
forms for the BE-13 survey. These amendments include changes in
reporting requirements and questionnaire design as well as data items
collected.
If this proposed rule is made final, U.S. affiliates would report
information on expansions, acquisitions, and establishments of U.S.
business enterprises by foreign investors. Unlike other BEA surveys
conducted pursuant to the Act, persons subject to the reporting
requirements of the BE-13, Survey of New Foreign Direct Investment in
the United States, would be required to respond whether or not they are
contacted by BEA.
Depending on the type of investment transaction, U.S. affiliates
would report their information on one of six forms--BE-13A, BE-13B, BE-
13C, BE-13D, BE-13E, or BE-13 Claim for Exemption. Previously, one form
was used to collect information on all transaction types; however,
navigating a single form proved difficult for respondents because the
type of transaction determined the amount of information required.
Utilizing separate forms will ease respondent burden by streamlining
navigation. The proposed reporting requirements for the six forms are:
(a) Form BE-13A--Report for a U.S. business enterprise when a
foreign entity acquires a voting interest (directly, or indirectly
through an existing U.S. affiliate) in that enterprise, segment, or
operating unit and (i) the total cost of the acquisition is greater
than $3 million, (ii) the U.S. business enterprise will operate as a
separate legal entity, and (iii) by this acquisition, at least 10
percent of the voting interest in the acquired entity is now held
(directly or indirectly) by the foreign entity.
(b) Form BE-13B--Report for a U.S. business enterprise when a
foreign entity, or an existing U.S. affiliate of a foreign entity,
establishes a new legal entity in the United States and (i) the
projected total cost to establish the new legal entity is greater than
$3 million, and (ii) the foreign entity owns 10 percent or more of the
new business enterprise's voting interest (directly or indirectly).
(c) Form BE-13C--Report for an existing U.S. affiliate of a foreign
parent when it acquires a U.S. business enterprise or segment that it
then merges into its operations and the total
[[Page 30505]]
cost to acquire the business enterprise is greater than $3 million.
(d) Form BE-13D--Report for an existing U.S. affiliate of a foreign
parent when it expands its operations to include a new facility where
business is conducted and the projected total cost of the expansion is
greater than $3 million.
(e) Form BE-13E--Report for a U.S. business enterprise that
previously filed a BE-13B or BE-13D indicating that the established or
expanded entity is still under construction.
(f) Form BE-13 Claim for Exemption--Report for a U.S. business
enterprise that (i) was contacted by BEA but does not meet the
requirements for filing forms BE-13A, BE-13B, BE-13C, or BE-13D, or
(ii) whether or not contacted by BEA, met all requirements for filing
on Forms BE-13A, BE-13B, BE-13C, or BE-13D except the $3 million
reporting threshold.
In addition to the changes in the reporting criteria and form
design, BEA proposes to add and delete some data items from the
information collected on the previous BE-13 survey. The following items
would be added to the survey:
(1) Equity and debt components of the foreign parent funding;
(2) A question asking if the new U.S. operation will have research
and development activities;
(3) A question asking if the new operation is under construction;
(4) Employment projections;
(5) Actual and projected construction expenditures by type and by
year.
BEA also proposes to eliminate several items from the new foreign
investment survey. The items proposed to be eliminated are: Investment
incentives, sales by industry (total sales and the overall industry
code for the new operation will still be collected), equity ownership
interest (voting interest will still be collected), address of the
foreign parent (country will still be collected), and acres of U.S.
land owned.
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 sufficient to warrant preparation of a Federalism
assessment under E.O. 13132.
Paperwork Reduction Act
This proposed rule contains a collection-of-information requirement
subject to review and approval by OMB under the PRA. The requirement
will be submitted to OMB for approval as a reinstatement, with change,
of a previously approved collection under OMB control number 0608-0035.
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 PRA unless that collection displays a currently
valid OMB control number.
The BE-13 survey, as proposed, 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.
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
proposed rule should be sent to both BEA and OMB following the
instructions given in the ADDRESSES section above.
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
(RFA), 5 U.S.C. 605(b), that this proposed rulemaking, if adopted, will
not have a significant economic impact on a substantial number of small
entities. The changes proposed in this rule are discussed in the
preamble and are not repeated here.
For small businesses that meet the reporting requirements of the
survey, BEA has attempted to keep burden to a minimum by asking only
those questions that are considered essential. The questions required
are for data items that a company would ordinarily have obtained when
planning an acquisition or expansion and therefore the answers are
likely to be readily available from the existing records of the
business.
The amount of information required to be reported by each U.S.
enterprise is determined by the type of transaction. U.S. enterprises
acquired by a foreign investor are only required to file the BE-13
survey once. Foreign-owned U.S. enterprises that are newly established
or are undergoing expansion will be required to file an initial report
and then will be asked to revise their projected costs every year until
construction is complete.
Because those small businesses that are impacted are subject to
only a minimal reporting burden, the Chief Counsel for Regulation
certifies that this proposed rule will not have a significant economic
impact on a substantial number of small entities.
List of Subjects in 15 CFR Part 801
Economic statistics, Foreign investment in the United States,
International transactions, Penalties, Reporting and record keeping
requirements.
Dated: May 16, 2014.
Brent Moulton,
Acting Director, Bureau of Economic Analysis.
For 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 AND SURVEYS OF DIRECT INVESTMENT
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;
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 (3CFR, 1985 Comp. p. 348).
0
2. Revise Sec. 801.3 to read as follows:
Sec. 801.3 Reporting requirements.
Except for surveys subject to rulemaking in Sec. 801.7, reporting
requirements for all other surveys conducted by the Bureau of Economic
Analysis shall be as follows:
(a) Notice of specific reporting requirements, including who is
required to report, the information to be reported, the manner of
reporting, and the time
[[Page 30506]]
and place of filing reports, will be published by the Director of the
Bureau of Economic Analysis in the Federal Register prior to the
implementation of a survey;
(b) In accordance with section 3104(b)(2) of title 22 of the United
States Code, persons notified of these surveys and subject to the
jurisdiction of the United States shall furnish, under oath, any report
containing information which is determined to be necessary to carry out
the surveys and studies provided for by the Act; and
(c) Persons not notified in writing of their filing obligation by
the Bureau of Economic Analysis are not required to complete the
survey.
0
3. Revise Sec. 801.4 to read as follows:
Sec. 801.4 Recordkeeping requirements.
In accordance with section 3104(b)(1) of title 22 of the United
States Code, persons subject to the jurisdiction of the United States
shall maintain any information which is essential for carrying out the
surveys and studies provided for by the Act.
0
4. Amend Sec. 801.7 to read as follows:
Sec. 801.7 Rules and regulations for the BE-13, Survey of New Foreign
Direct Investment in the United States.
The BE-13, Survey of New Foreign Direct Investment in the United
States is conducted to collect data on the acquisition or establishment
of U.S. business enterprises by foreign investors and the expansion of
existing U.S. affiliates of foreign companies to establish a new
production facility. All legal authorities, provisions, definitions,
and requirements contained in Sec. Sec. 801.1 through 801.2 and
Sec. Sec. 801.4 through 801.6 are applicable to this survey. Specific
additional rules and regulations for the BE-13 survey are given in
paragraphs (a) through (d) of this section. More detailed instructions
are given on the report forms and instructions.
(a) Response required. 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, contained herein, whether or
not they are contacted by BEA. Also, a person, or their agent, that is
contacted by BEA about reporting in this survey, either by sending them
a report form or by written inquiry, must respond in writing pursuant
this section. This may be accomplished by filing the properly completed
BE-13 report (BE-13A, BE-13B, BE-13C, BE-13D, BE-13E, or BE-13 Claim
for Exemption) within 45 days of being contacted.
(b) Who must report. A BE-13 report is required of any U.S. company
in which:
(1) A foreign direct investment in the United States relationship
is created;
(2) An existing U.S. affiliate of a foreign parent establishes a
new U.S. legal entity, expands its U.S. operations, or acquires a U.S.
business enterprise, or;
(3) A U.S. business enterprise that previously filed a BE-13B or
BE-13D indicating that the established or expanded entity is still
under construction. Foreign direct investment is defined as the
ownership or control by one foreign person (foreign parent) of 10
percent or more of the voting securities of an incorporated U.S.
business enterprise, or an equivalent interest of an unincorporated
U.S. business enterprise, including a branch.
(c) Forms to be filed. Depending on the type of investment
transaction, U.S. affiliates would report their information, on one of
six forms--BE-13A, BE-13B, BE-13C, BE-13D, BE-13E, or BE-13 Claim for
Exemption.
(1) Form BE-13A--Report for a U.S. business enterprise when a
foreign entity acquires a voting interest (directly, or indirectly
through an existing U.S. affiliate) in that enterprise, segment, or
operating unit and:
(i) The total cost of the acquisition is greater than $3 million;
(ii) The U.S. business enterprise will operate as a separate legal
entity, and;
(iii) By this acquisition, at least 10 percent of the voting
interest in the acquired entity is now held (directly or indirectly) by
the foreign entity.
(2) Form BE-13B--Report for a U.S. business enterprise when a
foreign entity, or an existing U.S. affiliate of a foreign entity,
establishes a new legal entity in the United States and:
(i) The projected total cost to establish the new legal entity is
greater than $3 million, and;
(ii) The foreign entity owns 10 percent or more of the new business
enterprise's voting interest (directly or indirectly).
(3) Form BE-13C--Report for an existing U.S. affiliate of a foreign
parent when it acquires a U.S. business enterprise or segment that it
then merges into its operations and the total cost to acquire the
business enterprise is greater than $3 million.
(4) Form BE-13D--Report for an existing U.S. affiliate of a foreign
parent when it expands its operations to include a new facility where
business is conducted and the projected total cost of the expansion is
greater than $3 million.
(5) Form BE-13E--Report for a U.S. business enterprise that
previously filed a BE-13B or BE-13D indicating that the established or
expanded entity is still under construction. This form will collect
updated cost information and will be collected annually until
construction is complete.
(6) Form BE-13 Claim for Not Filing--Report for a U.S. business
enterprise that:
(i) was contacted by BEA but does not meet the requirements for
filing forms BE-13A, BE-13B, BE-13C, or BE-13D; or
(ii) whether or not contacted by BEA, met all requirements for
filing on Forms BE-13A, BE-13B, BE-13C, or BE-13D except the $3 million
reporting threshold.
(d) Due date. The BE-13 forms are due no later than 45 days after
the acquisition is completed, the new legal entity is established, the
expansion is begun, or the cost update is requested.
[FR Doc. 2014-12159 Filed 5-27-14; 8:45 am]
BILLING CODE 3510-06-P
