Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Rules and Regulations 24373 

SIAPs; and § 97.35 COPTER SIAPs, 

identified as follows: 

Effective Upon Publication 

AIRAC date State City Airport FDC No. FDC date Subject 

31–May–12 ....... KS Manhattan ................... Manhattan Rgnl .......... 1/9111 4/10/12 Takeoff Minimums and Obstacle 

DP, Amdt 7. 

31–May–12 ....... GA Atlanta ......................... Fulton County AirportBrown Field.2/0683 4/10/12 VOR A, Orig-A. 

31–May–12 ....... GA Atlanta ......................... Fulton County AirportBrown Field.2/0684 4/10/12 ILS OR LOC RWY 8, Amdt 16A. 

31–May–12 ....... GA Atlanta ......................... Fulton County AirportBrown Field.2/0685 4/10/12 RNAV (GPS) RWY 26, Orig-A. 

31–May–12 ....... GA Atlanta ......................... Fulton County AirportBrown Field.2/0686 4/10/12 RNAV (GPS) Y RWY 8, Orig-A. 

31–May–12 ....... NC Charlotte ..................... Charlotte/Douglas Intl 2/0925 4/10/12 ILS OR LOC RWY 18R, ILS 

RWY 18R (CAT II), ILS RWY 

18R (CAT III), Orig-A. 

31–May–12 ....... NC Charlotte ..................... Charlotte/Douglas Intl 2/0926 4/10/12 ILS OR LOC RWY 36L, ILS 

RWY 36L (CAT II), ILS RWY 

36L (CAT III), Orig-A. 

31–May–12 ....... TX Dallas-Fort Worth ....... Dallas/Fort Worth Intl .. 2/1044 4/10/12 VOR RWY 31L, Orig. 

31–May–12 ....... TX Dallas-Fort Worth ....... Dallas/Fort Worth Intl .. 2/1048 4/10/12 VOR RWY 13R, Amdt 1. 

31–May–12 ....... TN Covington .................... Covington Muni ........... 2/1215 4/10/12 RNAV (GPS) RWY 1, Orig. 

31–May–12 ....... IN Indianapolis ................. Indianapolis Intl ........... 2/7773 4/10/12 ILS OR LOC RWY 5L, ILS RWY 

5L (CAT II), ILS RWY 5L (CAT 

III), Amdt 3C. 

31–May–12 ....... IN Indianapolis ................. Indianapolis Intl ........... 2/7774 4/10/12 ILS OR LOC RWY 5R, ILS RWY 

5R (CAT II), ILS RWY 5R 

(CAT III), Amdt 5B. 

[FR Doc. 2012–9738 Filed 4–23–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Economic Analysis 

15 CFR Parts 801, 806, and 807 

[Docket No. 111012619–2230–03] 

RIN 0691–AA81 

International Services Surveys and 

Direct Investment Surveys Reporting 

AGENCY: Bureau of Economic Analysis. 

ACTION: Final rule. 

SUMMARY: The Bureau of Economic 

Analysis (BEA) revises its rules to 

establish general guidelines for how 

BEA will collect data on international 

trade in services and direct investment 

surveys, which are provided for by the 

International Investment and Trade in 

Services Survey Act (the Act). In 

addition to the Act, the Omnibus Trade 

and Competitiveness Act of 1988 

authorizes BEA to conduct international 

trade in services surveys. Currently, 

international trade in services and direct 

investment surveys are promulgated 

through separate rulemaking actions. 

This final rule modifies BEA’s 

regulations to allow BEA to issue 

surveys through notices rather than 

through notice and comment 

rulemaking. It also provides a more 

general framework for how BEA collects 

data on these surveys that are required, 

or provided for, by the statutes. This 

rule will simplify and generalize 

existing regulations governing the 

procurement of information on 

international trade in services and direct 

investment. 

DATES: The final rule is effective on May 

24, 2012. 

FOR FURTHER INFORMATION CONTACT: 

David H. Galler, Chief, Direct 

Investment Division (BE–50), Bureau of 

Economic Analysis, U.S. Department of 

Commerce, Washington, DC 20230; 

email David.Galler@bea.gov or phone 

(202) 606–9835. 

SUPPLEMENTARY INFORMATION: On 

January 6, 2012, BEA published a notice 

of proposed rulemaking to amend 15 

CFR parts 801, 806, and 807 to set forth 

general guidelines for reporting on 

international trade in services and direct 

investment surveys provided for by the 

International Investment and Trade in 

Services Survey Act (22 U.S.C. 3101 to 

3108, (the Act)), 77 FR 772. For surveys 

that are conducted on an ongoing 

basis—quarterly, annually, 

quinqenially—BEA proposed to issue 

specific reporting information regarding 

individual surveys through notices 

rather than through notice and comment 

rulemaking. 

This rule implements the proposed 

rule. Under this rule, notices of specific 

surveys pertaining to international 

investment and trade in services and 

direct investment, including applicable 

report forms and instructions, will be 

separately published in the Federal 

Register. Only respondents notified of 

these surveys are required to respond to 

BEA surveys. 

BEA received no comments on the 

proposed rule, and adopts the proposed 

rule without change. Accordingly, now 

surveys on international trade in 

services and on direct investment will 

be issued by a notice in the Federal 

Register, and will also be sent to 

individual respondents. Entities that do 

not receive a notice of the survey from 

BEA are not required to complete the 

survey. 

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. 

Regulatory Flexibility Act 

The Chief Counsel for Regulation, 

Department of Commerce, certified to 

the Chief Counsel for Advocacy, Small 

Business Administration, under the 

provisions of the Regulatory Flexibility 

Act (5 U.S.C. 605(b)), that this final rule 

will not have a significant economic 

impact on a substantial number of small 

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24374 Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Rules and Regulations 

entities. The rule affects only BEA’s 

internal procedures regarding how it 

conducts surveys of international trade 

in services and direct investment. None 

of the changes will have a direct effect 

on any businesses, large or small. Those 

subject to these surveys will still be 

required to respond to BEA’s requests 

for information, but the requests 

themselves will not be subject to notice 

and comment rulemaking. Therefore, 

the effect of this final rule is to simplify 

and generalize existing regulations 

governing the procurement of 

information on the international trade in 

services and direct investment under 

the Act. Because there will be no impact 

to small entities as a result of this 

change to the regulations, the Chief 

Counsel certified that this final 

rulemaking will not have a significant 

economic impact on a substantial 

number of small entities. Accordingly, 

no final regulatory flexibility analysis is 

required, and none has been prepared. 

Paperwork Reduction Act 

This rule contains no information 

collection requests as defined in the 

Paperwork Reduction Act (44 USC 

3501–3521). However, as necessary the 

individual notices of surveys will 

include a description of the paperwork 

burden associated with completing the 

survey, and provide the control number 

from the Office of Management and 

Budget (OMB) for any survey issued 

pursuant to this rule. No one is required 

to answer any request by the 

government for information that does 

not contain an approved OMB control 

number. 

List of Subjects 

15 CFR Part 801 

Cross-border transactions, Credit card, 

Debit card, Economic statistics, Foreign 

investment in the United States, Foreign 

trade, International transactions, 

Penalties, Reporting and recordkeeping 

requirements, Travel expenses, United 

States investment abroad. 

15 CFR Part 806 

Economic statistics, Foreign 

investments in United States, Reporting 

and recordkeeping requirements, United 

States investments abroad. 

15 CFR Part 807 

Libraries. 

Dated: April 15, 2012. 

J. Steven Landefeld, 

Director, Bureau of Economic Analysis. 

For the reasons discussed in the 

preamble, 15 CFR chapter VIII is 

amended as follows: 

■ 1. Part 801 is revised to read as 

follows: 

PART 801—SURVEYS OF 

INTERNATIONAL TRADE IN SERVICES 

BETWEEN U.S. AND FOREIGN 

PERSONS AND SURVEYS OF DIRECT 

INVESTMENT 

Sec. 

801.1 Purpose. 

801.2 Definitions. 

801.3 Reporting requirements. 

801.4 Recordkeeping requirements. 

801.5 Confidentiality. 

801.6 Penalties specified by law. 

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). 

§ 801.1 Purpose. 

The purpose of this part is to provide 

general information on international 

trade in services and direct investment 

data collection programs and analyses 

under the International Investment and 

Trade in Services Survey Act (22 U.S.C. 

3101 to 3108, as amended) (the Act). 

The purpose of the Act is to provide for 

the collection of comprehensive and 

reliable information pertaining to 

international investment, including 

international trade in services and direct 

investment, and to do so with a 

minimum of burden on respondents and 

with no unnecessary duplication of 

effort. 

§ 801.2 Definitions. 

For purposes of the Act and for 

reporting requirements under this part: 

(a) United States, when used in a 

geographic sense, means the several 

States, the District of Columbia, the 

Commonwealth of Puerto Rico, and all 

territories and possessions of the United 

States. 

(b) Foreign, when used in a 

geographic sense, means that which is 

situated outside the United States or 

which belongs to or is characteristic of 

a country other than the United States. 

(c) Person means any individual, 

branch, partnership, associated group, 

association, estate, trust, corporation, or 

other organization (whether or not 

organized under the laws of any State), 

and any government (including a 

foreign government, the United States 

Government, a State or local 

government, and any agency, 

corporation, financial institution, or 

other entity or instrumentality thereof, 

including a government-sponsored 

agency). 

(d) United States person means any 

person resident in the United States or 

subject to the jurisdiction of the United 

States. 

(e) Foreign person means any person 

resident outside the United States or 

subject to the jurisdiction of a country 

other than the United States. 

(f) Business enterprise means any 

organization, association, branch, or 

venture which exists for profit-making 

purposes or to otherwise secure 

economic advantage, and any 

ownership of any real estate. 

(g) Services are economic activities 

whose outputs are other than tangible 

goods. This term includes, but is not 

limited to, banking, other financial 

services, insurance, transportation, 

communications and data processing, 

retail and wholesale trade, advertising, 

accounting, construction, design, 

engineering, management consulting, 

real estate, professional services, 

entertainment, education, and health 

care. 

(h) International investment means: 

(1) The ownership or control, directly 

or indirectly, by contractual 

commitment or otherwise, by foreign 

persons of any interest in property in 

the United States, or of stock, other 

securities, or short- and long-term debt 

obligations of a United States person; 

and 

(2) The ownership or control, directly 

or indirectly, by contractual 

commitment or otherwise, by United 

States persons of any interest in 

property outside the United States, or of 

stock, other securities, or short- and 

long-term debt obligations of a foreign 

person. 

(i) Direct investment means the 

ownership or control, directly or 

indirectly, by one person of 10 percent 

or more of the voting securities of an 

incorporated business enterprise or an 

equivalent interest in an unincorporated 

business enterprise. 

§ 801.3 Reporting requirements. 

(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. 

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Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Rules and Regulations 24375 

§ 801.4 Recordingkeeping 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. 

§ 801.5 Confidentiality. 

Information collected pursuant to 

3104(c) of title 22 of the United States 

Code is confidential. 

(a) Access to this information shall be 

available only to officials and 

employees (including consultants and 

contractors and their employees) of 

agencies designated by the President to 

perform functions under the Act. 

(b) Subject to paragraph (d) of this 

section, the President may authorize the 

exchange of information between 

agencies or officials designated to 

perform functions under the Act. 

(c) Nothing in this part shall be 

construed to require any Federal agency 

to disclose information otherwise 

protected by law. 

(d) This information shall be used 

solely for analytical or statistical 

purposes or for a proceeding under 

§ 801.6. 

(e) No official or employee (including 

consultants and contractors and their 

employees) shall publish or make 

available to any other person any 

information collected under the Act in 

such a manner that the person to whom 

the information relates can be 

specifically identified. 

(f) Reports and copies of reports 

prepared pursuant to the Act are 

confidential and their submission or 

disclosure shall not be compelled by 

any person without the prior written 

permission of the person filing the 

report and the customer of such person 

where the information supplied is 

identifiable as being derived from the 

records of such customer. 

§ 801.6 Penalties. 

(a) Civil penalties. Whoever fails to 

furnish any information required by the 

Act or to comply with any rule, 

regulation, order or instruction 

promulgated under the Act shall be 

subject to a civil penalty of not less than 

$2,500, and not more than $25,000, and 

to injunctive relief commanding such 

person to comply, or both (see 22 U.S.C. 

3105(a) and (b)). These civil penalties 

are subject to inflationary adjustments 

(15 CFR 6.4.). 

(b) Criminal penalties. Whoever 

willfully fails to submit any information 

required by the Act or willfully violates 

any rule, regulation, order or instruction 

promulgated under the Act, upon 

conviction, shall be fined not more than 

$10,000 and, if an individual, may be 

imprisoned for not more than one year, 

or both. Any officer, director, employee, 

or agent of any corporation who 

knowingly participates in such 

violations, upon conviction, may be 

punished by a like fine, imprisonment 

or both (see 22 U.S.C. 3105(c)). 

PART 806—[REMOVED AND 

RESERVED] 

■ 2. Under the authority of 5 U.S.C. 301, 

part 806 is removed and reserved. 

PART 807—[REMOVED AND 

RESERVED] 

■ 3. Under the authority of 5 U.S.C. 301, 

part 806 is removed and reserved. 

[FR Doc. 2012–9849 Filed 4–23–12; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

DEPARTMENT OF THE TREASURY 

19 CFR Parts 133 and 151 

[USCBP–2012–0011; CBP Dec. 12–10] 

RIN 1515–AD87 

Disclosure of Information for Certain 

Intellectual Property Rights Enforced 

at the Border 

AGENCIES: U.S. Customs and Border 

Protection, Department of Homeland 

Security; Department of the Treasury. 

ACTION: Interim rule; solicitation of 

comments. 

SUMMARY: This document amends, on an 

interim basis, the U.S. Customs and 

Border Protection (CBP) regulations 

pertaining to importations of 

merchandise bearing recorded 

trademarks or recorded trade names. 

The interim amendments, effective 

upon publication in the Federal 

Register, allow CBP, subject to 

limitations, to disclose to an intellectual 

property right holder information 

appearing on merchandise or its retail 

packaging that may comprise 

information otherwise protected by the 

Trade Secrets Act, for the purpose of 

assisting CBP in determining whether 

the merchandise bears a counterfeit 

mark. Such information will be 

provided to the right holder in the form 

of photographs or a sample of the goods 

and/or their retail packaging in their 

condition as presented to CBP for 

examination and alphanumeric codes 

appearing on the goods. The 

information will include, but not be 

limited to, serial numbers, universal 

product codes, and stock keeping unit 

(SKU) numbers appearing on the 

imported merchandise and its retail 

packaging, whether in alphanumeric or 

other formats. These changes provide a 

pre-seizure procedure for disclosing 

information about imported 

merchandise suspected of bearing a 

counterfeit mark for the limited purpose 

of obtaining the right holder’s assistance 

in determining whether the mark is 

counterfeit or not. 

DATES: Effective April 24, 2012; 

comments must be received on or before 

June 25, 2012. 

ADDRESSES: You may submit comments, 

identified by docket number, by one of 

the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments 

via docket number USCBP 2012–0011. 

• Mail: Trade and Commercial 

Regulations Branch, Office of 

International Trade, Regulations and 

Rulings, U.S. Customs and Border 

Protection, 799 9th Street NW. (Mint 

Annex), Washington, DC 20229–1179. 

Instructions: All submissions received 

must include the agency name and 

docket number for this interim 

rulemaking. All comments received will 

be posted without change to http:// 

www.regulations.gov, including any 

personal information provided. For 

detailed instructions on submitting 

comments and additional information 

on the rulemaking process, see the 

‘‘Public Participation’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov. Submitted 

comments may also be inspected during 

regular business days between the hours 

of 9 a.m. and 4:30 p.m. at the Trade and 

Commercial Regulations Branch, Office 

of International Trade, Regulations and 

Rulings, U.S. Customs and Border 

Protection, 799 9th Street NW., 5th 

Floor, Washington, DC. Arrangements to 

inspect submitted comments should be 

made in advance by calling Joseph Clark 

at (202) 325–0118. 

FOR FURTHER INFORMATION CONTACT: Paul 

Pizzeck, Intellectual Property Rights 

Branch, Regulations and Rulings, Office 

of International Trade, (202) 325–0020. 

SUPPLEMENTARY INFORMATION: 

Public Participation 

Interested persons are invited to 

participate in this rulemaking by 

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