Federal Register / Vol. 62, No. 187 / Friday, September 26, 1997 / Proposed Rules 50529

For the reasons discussed above, I

certify that this action (1) is not a

‘‘significant regulatory action’’ under

Executive Order 12866; (2) is not a

‘‘significant rule’’ under DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979); and (3) if

promulgated, will not have a significant

economic impact, positive or negative,

on a substantial number of small entities

under the criteria of the Regulatory

Flexibility Act. A copy of the draft

regulatory evaluation prepared for this

action has been placed in the Rules

Docket. A copy of it may be obtained by

contacting the Rules Docket at the

location provided under the caption

ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Safety.

The Proposed Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration proposes to amend 14

CFR part 39 of the Federal Aviation

Regulations as follows:

PART 39—AIRWORTHINESS

DIRECTIVES

1. The authority citation for part 39

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

§ 39.13 [Amended]

2. Section 39.13 is amended by

removing Airworthiness Directive (AD)

87–18–09, Amendment 39–5725, and by

adding a new AD to read as follows:

American Champion Aircraft Company:

Docket No. 97–CE–37–AD; Supersedes

AD 87–18–09, Amendment 39–5725.

Applicability: Model 8GCBC airplanes, all

serial numbers, certificated in any category,

that are equipped with wood wing spars.

Note 1: This AD applies to each airplane

identified in the preceding applicability

provision, regardless of whether it has been

modified, altered, repaired, or reconfigured

in the area subject to the requirements of this

AD. For airplanes that have been modified,

altered, repaired, or reconfigured so that the

performance of the requirements of this AD

is affected, the owner/operator must request

approval for an alternative method of

compliance in accordance with paragraph (e)

of this AD. The request should include an

assessment of the effect of the modification,

alteration, or repair on the unsafe condition

addressed by this AD; and, if the unsafe

condition has not been eliminated, the

request should include specific proposed

actions to address it.

Compliance: Required as indicated in the

body of this AD, unless already

accomplished.

To prevent damage in the wood spar wing

from going undetected, which could result in

in-flight structural failure of the wing with

consequent loss of control of the airplane,

accomplish the following:

(a) Within the next 3 calendar months after

the effective date of this AD, accomplish the

following:

(1) Install inspection holes in the top and

bottom surface of each wing in accordance

with American Champion Aircraft

Corporation (ACAC) Service Letter 417, dated

August 14, 1997. Assure that all drainage

holes are installed as depicted in this service

letter, and install drainage holes as necessary.

(2) Inspected (detailed visual) both the

front and rear wood wing spars for cracks;

compression cracks; longitudinal cracks

through the bolt holes, spacer holes, or nail

holes; and loose or missing rib nails (referred

to as damage hereon). Accomplish these

inspections in accordance with ACAC

Service Letter 406, dated March 28, 1994.

(3) If any spar damage is found, prior to

further flight, accomplish the following:

(i) Repair or replace the wood wing spar in

accordance with Advisory Circular (AC) 43–

13, Acceptable Methods, Techniques and

Practices; or other data that is approved by

the FAA for wing spar repair or replacement.

(ii) If the wing is recovered, accomplish the

installations required by paragraph (a)(1) of

this AD, as applicable.

(4) Install inspection hole covers on the top

and bottom surface of the wing in accordance

with ACAC Service Letter 417, dated August

14, 1997.

(b) Within 12 calendar months or 500

hours TIS (whichever occurs first) after

accomplishing all actions required by

paragraph (a), all subparagraphs included, of

this AD, and thereafter at intervals not to

exceed 12 calendar months or 500 hours TIS,

whichever occurs first, accomplish the

inspection, repair, replacement, and

installation required by paragraphs (a)(2),

(a)(3) as applicable; including its

subparagraphs; and (a)(4) of this AD.

Note 2: The affected airplanes are not

certificated for acrobatic maneuvers. AD 87–

18–09 required a placard prohibiting

acrobatic maneuvers in addition to the

existing operational placard. The FAA

encourages owners/operators of the affected

airplanes to keep this placard installed on

their airplanes.

(c) If any of the affected airplanes are

involved in an incident involving wing

damage after the effective date of this AD,

prior to further flight, accomplish the

inspection, repair, replacement, and

installation required by paragraphs (a)(2),

(a)(3), as applicable; including its

subparagraphs; and (a)(4) of this AD.

(d) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the airplane to

a location where the requirements of this AD

can be accomplished.

(e) An alternative method of compliance or

adjustment of the initial or repetitive

compliance time that provides an equivalent

level of safety may be approved by the

Manager, Chicago Aircraft Certification

Office (ACO), 2300 E. Devon Avenue, Des

Plaines, Illinois 60018.

(1) The request shall be forwarded through

an appropriate FAA Maintenance Inspector,

who may add comments and then send it to

the Manager, Chicago ACO.

(2) Alternative methods of compliance

approved in accordance with AD 87–18–09

(superseded by this action) are not

considered approved as alternative methods

of compliance for this AD.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Chicago ACO.

(f) All persons affected by this directive

may obtain copies of the documents referred

to herein upon request to American

Champion Aircraft Corporation, P.O. Box 37,

32032 Washington Avenue, Highway D,

Rochester, Wisconsin 53167; or may examine

these documents at the FAA, Central Region,

Office of the Assistant Chief Counsel, Room

1558, 601 E. 12th Street, Kansas City,

Missouri 64106.

(g) This amendment supersedes AD 87–18–

09, Amendment 39–5725.

Issued in Kansas City, Missouri, on

September 22, 1997.

Henry A. Armstrong,

Acting Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 97–25607 Filed 9–25–97; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF COMMERCE

Bureau of Economic Analysis

15 CFR Part 801

[Docket No. 970903222–7222–01]

RIN 0691–AA28

International Services Surveys: BE–93

Annual Survey of Royalties, License

Fees, and Other Receipts and

Payments for Intangible Rights

Between U.S. and Unaffiliated Foreign

Persons

AGENCY: Bureau of Economic Analysis,

Commerce.

ACTION: Notice of proposed rulemaking.

SUMMARY: This document sets forth

proposed rules to amend the reporting

requirements for the BE–93, Annual

Survey of Royalties, License Fees, and

Other Receipts and Payments Between

U.S. and Unaffiliated Foreign Persons.

The BE–93 survey is conducted by the

Bureau of Economic Analysis (BEA),

U.S. Department of Commerce, under

the International Investment and Trade

in Services Survey Act. The data are

needed to support U.S. trade policy

initiatives, compile the U.S. balance of

payments and the national income and

product accounts, develop U.S.

international price indexes for services,

assess U.S. competitiveness in

international trade in services, and

improve the ability of U.S. businesses to
50530 Federal Register / Vol. 62, No. 187 / Friday, September 26, 1997 / Proposed Rules

identify and evaluate market

opportunities.

The change to the BE–93 annual

survey contained in these proposed

rules is to add coverage of general use

computer software royalties and license

fees. This change will consolidate on

one form all transactions in intangible

rights between U.S. and unaffiliated

foreign persons. Previously, royalties

and license fees related to general use

computer software were included on the

BE–22, Annual Survey of Selected

Services Transactions with Unaffiliated

Foreign Persons, and all other royalties

and license fees were included on the

BE–93. Placing general use computer

software royalties and license fees

together with other royalties and license

fees on the BE–93 will eliminate the

possibility that some respondents would

have to examine their accounting

records on royalties and license fees for

purposes of responding to two separate

surveys. In addition, the consolidation

will improve consistency with current

international standards for the

compilation of balance of payments

accounts, which include general use

computer software royalties and license

fees in the same category as all other

royalties and license fees.

DATES: Comments on these proposed

rules will receive consideration if

submitted in writing on or before

November 10, 1997.

ADDRESSES: Comments may be mailed to

the Office of the Chief, International

Investment Division (BE–50), Bureau of

Economic Analysis, U.S. Department of

Commerce, Washington DC 20230, or

hand delivered to room M–100, 1441 L

Street, N.W., Washington, DC 20005.

Comments will be available for public

inspection in room 7005, 1441 L Street,

N.W., between 8:30 a.m. and 4:30 p.m.,

Monday through Friday.

FOR FURTHER INFORMATION CONTACT:

R. David Belli, Chief, International

Investment Division (BE–50), Bureau of

Economic Analysis, U.S. Department of

Commerce, Washington, DC 20230;

phone (202) 6060–9800.

SUPPLEMENTARY INFORMATION: These

proposed rules amend 15 CFR Part 801

by revising paragraph 801.9(b)(5)(i) to

set forth revised reporting requirements

for the BE–93, Annual Survey of

Royalties, License Fees, and Other

Receipts and Payments Between U.S.

and Unaffiliated Foreign Persons. The

survey is conducted by the Bureau of

Economic Analysis (BEA), U.S.

Department of Commerce, under the

International Investment and Trade in

Services Survey Act (Pub. L. 94–472, 90

Stat. 2059, 22 U.S.C. 3101–3108, as

amended). Section 3103(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 * * * related to

international investment and trade in

services * * *’’ In Section 3 of

Executive Order 11961, as amended by

Executive Order 12518, the President

delegated the authority under the Act as

concerns international trade in services

to the Secretary of Commerce, who has

redelegated it to BEA.

The BE–93 is an annual survey of U.S.

royalty and license fee transactions for

intangible rights with unaffiliated

foreign persons. The data are needed to

support U.S. trade policy initiatives,

compile the U.S. balance of payments

and the national income and product

accounts, develop U.S. international

price indexes for services, assess U.S.

competitiveness in international trade

in services, and improve the ability of

U.S. businesses to identify and evaluate

market opportunities.

The change to the BE–93 annual

survey contained in these proposed

rules is to add coverage of general use

computer software royalties and license

fees. In the past, annual data on such

fees and royalties were collected as part

of an all-inclusive computer and data

processing services category on the BE–

22, Annual Survey of Selected Services

Transactions with Unaffiliated Foreign

Persons, and classified in ‘‘other

services’’ in the U.S. balance of

payments. However, this required some

respondents to examine their

accounting records on royalties and

license fees for purposes of responding

to two separate surveys and also made

it impossible to classify these

transactions in the most appropriate

balance of payments category. (Current

international standards recommend that

computer software royalties and license

fees be classified in ‘‘royalties and

license fees’’ in the balance of

payments, rather than in ‘‘other

services’’.) Thus, BEA is moving

coverage of general use computer

software royalties and license fees from

the BE–22 to the BE–93. To effect this

change, this proposed rulemaking

strikes language that previously

excluded coverage of copyrights and

other intellectual property rights related

to computer software from the BE–93

rules. Separately, a proposed

rulemaking for the BE–22 survey will

add language to exclude coverage of

computer software royalties and license

fees.

Reporting in the BE–93 annual survey

is required from all U.S. persons whose

total receipts from, or total payments to,

unaffiliated foreign persons for

intangible rights equaled or exceeded

$500,000 during the reporting year. The

data are disaggregated by country and

by type of intangible right.

Executive Order 12612

These proposed rules do not contain

policies with Federalism implications

sufficient to warrant preparation of a

Federalism assessment under E.O.

12612.

Executive Order 12866

These proposed rules have been

determined to be not significant for

purposes of E.O. 12866.

Paperwork Reduction Act

These proposed rules contain a

collection of information requirement

subject to the Paperwork Reduction Act.

A request for review of the forms has

been submitted to the Office of

Management and Budget under section

3507 of the Paperwork Reduction Act.

Notwithstanding any other provision of

law, no person is required to respond to,

nor shall a person be subject to a

penalty for failure to comply with, a

collection of information subject to the

requirements of the Paperwork

Reduction Act unless that collection

displays a currently valid OMB Control

Number; such a Control Number (0608–

0017) has been displayed.

Public reporting burden for this

collection of information is estimated to

vary from less than one hour to 25

hours, with an overall average burden of

4 hours. This includes time for

reviewing the instructions, searching

existing data sources, gathering and

maintaining the data needed, and

completing and reviewing the collection

of information.

Comments are requested concerning:

(a) whether the proposed collection of

information is necessary for the proper

performance 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. Comments

should be addressed to: Director, Bureau

of Economic Analysis (BE–1), U.S.

Department of Commerce, Washington,

DC 20230; and to the Office of

Management and Budget, O.I.R.A.,

Paperwork Reduction Project 0608–

0017, Washington, DC 20503.
Federal Register / Vol. 62, No. 187 / Friday, September 26, 1997 / Proposed Rules 50531

Regulatory Flexibility Act

The Assistant General counsel for

Legislation and Regulation, Department

of Commerce, has 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 proposed rulemaking,

if adopted, will not have a significant

economic impact on a substantial

number of small entities. The exemption

level for the survey excludes most small

businesses from mandatory reporting.

Reporting is required only if total

receipts from, or total payments to

unaffiliated foreign persons for

intangible rights equaled or exceeded

$500,000 during the year. Of those

smaller businesses that must report,

most will tend to have specialized

operations and activities and will likely

report only one type of royalty or

license transaction; therefore, the

burden on them should be small.

List of Subjects in 15 CFR Part 801

Economic statistics, balance of

payments, foreign trade, penalties,

reporting and recordkeeping

requirements.

Dated: August 26, 1997.

J. Steven Landefeld,

Director, Bureau of Economic Analysis.

For the 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

1. The authority citation for 15 CFR

Part 801 continues to read as follows:

Authority: 5 U.S.C. 301, 15 U.S.C. 4908, 22

U.S.C. 3101–3108, and E.O., 11961 (3 CFR,

1977 Comp. P. 860 as amended by E.O. 12013

(3 CFR, 1977 Comp., p. 147), E.O. 12318 (3

CFR, 1981 Comp., p. 173), and E.O. 12518 (3

CFR, 1985 Comp., p. 348).

2. Section 801.9 is amended by

revising paragraph (b)(5)(i) to read as

follows:

§ 801.9 Reports required.

* * * * *

(b) * * *

(5) * * *

(i) Who must report. Reports on Form

BE–93 are required from U.S. persons

who have entered into agreements with

unaffiliated foreign persons to buy, sell,

or use intangible assets or proprietary

rights, excluding oil royalties and other

natural resources (mining) royalties.

* * * * *

[FR Doc. 97–25613 Filed 9–25–97; 8:45 am]

BILLING CODE 3510–EA–M

DEPARTMENT OF COMMERCE

Bureau of Economic Analysis

15 CFR Part 801

[Docket No. 970903223–7223–01]

RIN 0691–AA30

International Services Surveys: BE–22

Annual Survey of Selected Services

Transactions With Unaffiliated Foreign

Persons

AGENCY: Bureau of Economic Analysis,

Commerce.

ACTION: Notice of proposed rulemaking.

SUMMARY: This document sets forth

proposed rules to amend the reporting

requirements for the BE–22, Annual

Survey of Selected Services

Transactions With Unaffiliated Foreign

Persons.

The BE–22 survey is conducted by the

Bureau of Economic Analysis (BEA),

U.S. Department of Commerce, under

the International Investment and Trade

in Services Survey Act. It is the annual

follow-on survey to the quinquennial

BE–22, Benchmark Survey of Selected

Services Transactions With Unaffiliated

Foreign Persons, which was last

conducted for 1996. Together, the two

surveys produce a continuous annual

time series of data on major types of

services that are out of the scope of

other international services surveys. In

nonbenchmark years, universe estimates

of these transactions are derived by

adding to annually reported sample data

extrapolations of data reported in the

benchmark survey by companies

exempt from annual reporting. The data

are needed to support U.S. trade policy

initiatives, compile the U.S. balance of

payments and the national income and

product accounts, develop U.S.

international price indexes for services,

assess U.S. competitiveness in services,

and improve the ability of U.S.

businesses to identify and evaluate

market opportunities.

Two major changes to the BE–22

annual survey are contained in these

proposed rules: Coverage of the BE–22

annual survey is expanded to conform

with the most recent BE–20 benchmark

survey, which covered 1996, and

coverage of general use computer

software royalties and license fees is

dropped. To consolidate on one form all

transactions in intangible rights between

U.S. and unaffiliated foreign persons,

coverage of general use computer

software royalties and license fees is

being moved from the BE–22 to the BE–

93, Annual Survey Royalties, License

Fees, and Other Receipts and Payments

for Intangible Rights Between U.S. and

Unaffiliated Foreign Persons.

DATES: Comments on these proposed

rules will receive consideration if

submitted in writing on or before

November 10, 1997.

ADDRESSES: Comments may be mailed to

the Office of the Chief, International

Investment Division (BE–50), Bureau of

Economic Analysis, U.S. Department of

Commerce, Washington DC 20230, or

hand delivered to room M–100, 1441 L

Street, N.W., Washington, DC 20005.

Comments will be available for public

inspection in room 7005, 1441 L Street,

N.W., between 8:30 a.m. and 4:30 p.m.,

Monday through Friday.

FOR FURTHER INFORMATION CONTACT:

R. David Belli, Chief, International

Investment Division (BE–50), Bureau of

Economic Analysis, U.S. Department of

Commerce, Washington, DC 20230;

phone (202) 606–9800.

SUPPLEMENTARY INFORMATION: These

proposed rules amend 15 CFR Part 801

by revising paragraph 801.9(b)(6)(ii) to

set forth revised reporting requirements

for the BE–22, Annual Survey of

Selected Services Transactions With

Unaffiliated Foreign Persons. The

survey is conducted by the Bureau of

Economic Analysis (BEA), U.S.

Department of Commerce, under the

International Investment and Trade in

Services Survey Act (Pub. L. 94–472, 90

Stat. 2059, 22 U.S.C. 3101–3108, as

amended). Section 3103(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 * * * related to

international investment and trade in

services * * *’’ In Section 3 of

Executive Order 11961, as amended by

Executive Order 12518, the President

delegated the authority under the Act as

concerns international trade in services

to the Secretary of Commerce, who has

redelegated it to BEA.

The BE–22 survey is an annual survey

of selected U.S. services transactions

with unaffiliated foreign persons. It is

intended to update the results of the

BE–20 benchmark survey, which covers

the universe of such transactions. In

nonbenchmark years, universe estimates

of these transactions are derived by

adding to annually reported sample data

extrapolations of data reported in the

benchmark survey by companies

exempt from annual reporting. The data

are needed to support U.S. trade policy

initiatives, compile the U.S. balance of

payments and the national income and

product accounts, develop U.S.

international price indexes for services,

assess U.S. competitiveness in, and