Federal Register / Vol. 79, No. 157 / Thursday, August 14, 2014 / Rules and Regulations 47573 

Program identification symbol Approved program Agency(ies) 

H8 ..................... Designated Programs ............................................................... Department of Commerce. 

K1 ..................... Federal supply items ................................................................. General Services Administration. 

Homeland Security Programs 

N1 ..................... Federal emergency preparedness, mitigation, response, and 

recovery.

Department of Homeland Security. 

N2 ..................... State, local, tribal government emergency preparedness, mitigation, response, and recovery.Department of Homeland Security. 

N3 ..................... Intelligence and warning systems ............................................. Department of Homeland Security. 

N4 ..................... Border and transportation security ............................................ Department of Homeland Security. 

N5 ..................... Domestic counter-terrorism, including law enforcement ........... Department of Homeland Security. 

N6 ..................... Chemical, biological, radiological, and nuclear countermeasures.Department of Homeland Security. 

N7 ..................... Critical infrastructure protection and restoration ....................... Department of Homeland Security. 

N8 ..................... Miscellaneous ............................................................................ Department of Homeland Security. 

Dated: August 8, 2014. 

Matthew S. Borman, 

Deputy Assistant Secretary for Export 

Administration. 

[FR Doc. 2014–19168 Filed 8–13–14; 8:45 am] 

BILLING CODE 3510–JT–P 

DEPARTMENT OF COMMERCE 

Bureau of Economic Analysis 

15 CFR Part 801 

[Docket No. 140424374–4639–01] 

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: Final rule. 

SUMMARY: This final rule amends 

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. This survey will better measure 

Commerce Department efforts through 

the ‘‘Build It Here, Sell It Everywhere’’ 

initiative to expand foreign business 

investment in the United States and 

ensure complete coverage of BEA’s 

other foreign direct investment 

statistics. This survey collects 

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 will 

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: This final rule is effective 

September 15, 2014. 

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: On May 

28, 2014, BEA published a notice of 

proposed rulemaking that set forth 

revised reporting criteria for the BE–13, 

Survey of New Foreign Direct 

Investment in the United States (79 FR 

30503–30506). No comments on the 

proposed rule were received. Thus the 

proposed rule is adopted without 

change. This final rule adds 15 CFR 

801.7 to set forth the reporting 

requirements for the BE–13, Survey of 

New Foreign Direct Investment in the 

United States. 

BEA conducts the BE–13 survey 

under the authority of the International 

Investment and Trade in Services 

Survey Act (22 U.S.C. 3101–3108). 

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 final rule amends the regulations to 

provide for a revised BE–13 survey and 

requires 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 collects 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. 

Description of Changes 

The changes 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. 


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47574 Federal Register / Vol. 79, No. 157 / Thursday, August 14, 2014 / Rules and Regulations 

Under the revised regulations, U.S. 

affiliates 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, are 

required to respond whether or not they 

are contacted by BEA. 

Depending on the type of investment 

transaction, U.S. affiliates shall report 

their information on one of six forms— 

BE–13A, BE–13B, BE–13C, BE–13D, BE– 

13E, or BE–13 Claim for Exemption. The 

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 

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 

hereby adds and deletes some data 

items from the information collected on 

the previous BE–13 survey. The 

following items are 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 is eliminating the following 

items from the new BE–13 survey: 

Investment incentives, sales by industry 

(total sales and the overall industry code 

for the new operation is still collected), 

equity ownership interest (voting 

interest is still collected), address of the 

foreign parent (country is still 

collected), and acres of U.S. land 

owned. 

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 

sufficient to warrant preparation of a 

Federalism assessment under E.O. 

13132. 

Paperwork Reduction Act 

The collection of information in this 

final rule was submitted to the Office of 

Management and Budget (OMB) 

pursuant to the requirements of the 

Paperwork Reduction Act (PRA). OMB 

approved the information collection 

under OMB control number 0608–0035. 

Notwithstanding any other provisions 

of 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 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. 

Written comments regarding the 

burden-hour estimates or other aspects 

of the collection-of-information 

requirements contained in the final rule 

should be sent to both BEA via email at 

Barbara.Hubbard@bea.gov or by FAX at 

(202) 606–2894, and to OMB, O.I.R.A., 

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. 

Regulatory Flexibility Act 

The Chief Counsel for Regulation, 

Department of Commerce, certified at 

the proposed rule stage 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 final rule will 

not have a significant economic impact 

on a substantial number of small 

entities. The factual basis for the 

certification was published in the 

proposed rule and is not repeated here. 

No comments were received regarding 

the certification or the economic impact 

of the rule more generally. No final 

regulatory flexibility analysis was 

prepared. 

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: July 30, 2014 

Brian Moyer, 

Acting Director, Bureau of Economic 

Analysis. 

For 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 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 (3 CFR, 1985 Comp. p. 348). 

■ 2. Revise § 801.3 to read as follows: 


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Federal Register / Vol. 79, No. 157 / Thursday, August 14, 2014 / Rules and Regulations 47575 

§ 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 

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 essential for carrying out 

the surveys and studies provided for by 

the Act. 

■ 4. Add § 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, persons, or 

their agents, that are 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 shall 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. 2014–19256 Filed 8–13–14; 8:45 am] 

BILLING CODE 3510–06–P 

DEPARTMENT OF EDUCATION 

34 CFR Chapter III 

[CFDA Number: 84.224D.] 

Final Priority; Rehabilitation Services 

Administration—Assistive Technology 

Alternative Financing Program 

AGENCY: Office of Special Education and 

Rehabilitative Services, Department of 

Education. 

ACTION: Final priority. 

SUMMARY: The Assistant Secretary for 

Special Education and Rehabilitative 

Services announces a priority under the 

Assistive Technology Alternative 

Financing Program administered by the 

Rehabilitation Services Administration 

(RSA). The Assistant Secretary may use 

this priority for competitions in fiscal 

year (FY) 2014 and later years. This 

priority is designed to ensure that the 

Department funds high-quality assistive 

technology (AT) alternative financing 

programs (AFPs) that meet rigorous 

standards in order to enable individuals 

with disabilities to access and acquire 

assistive technology devices and 

services necessary to achieve education, 

community living, and employment 

goals. 


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