Federal Register / Vol. 79, No. 102 / Wednesday, May 28, 2014 / Proposed Rules 30503 

(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. 

(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 

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 

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: http:// 

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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30504 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 http:// 

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 

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Federal Register / Vol. 79, No. 102 / Wednesday, May 28, 2014 / Proposed Rules 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 

■ 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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30506 Federal Register / Vol. 79, No. 102 / Wednesday, May 28, 2014 / Proposed Rules 

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: 

§ 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. 

(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 

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. 

SUMMARY: 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 

mstockstill on DSK4VPTVN1PROD with PROPOSALS