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[Federal Register Volume 76, Number 209 (Friday, October 28, 2011)]
[Proposed Rules]
[Pages 66872-66874]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-27938]

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DEPARTMENT OF COMMERCE

Bureau of Economic Analysis

15 CFR Part 801

[Docket No. 110817508-1529-01]
RIN 0691-AA79

International Services Surveys: Amendments to the BE-150, 
Quarterly Survey of Cross-Border Credit, Debit, and Charge Card 
Transactions

AGENCY: Bureau of Economic Analysis, Commerce.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This proposed rule would amend the regulations of the Bureau 
of Economic Analysis, Department of Commerce (BEA) to add new entities 
that would be required to report information on the BE-150, Quarterly 
Survey of Cross-Border Credit, Debit, and Charge Card Transactions. 
Specifically, this rule would expand the covered entities to include 
companies that operate personal identification number (PIN)-based debit 
networks. As proposed, PIN-based debit network companies would be 
required to report on cross-border transactions between (1) U.S. 
cardholders traveling abroad and foreign businesses and (2) foreign 
cardholders traveling in the United States and U.S. businesses. BEA is 
proposing this change to improve the identification of cross-border 
travel transactions. BEA also proposes to change the survey title from 
Quarterly Survey of Cross-Border Credit, Debit, and Charge Card 
Transactions to Quarterly Survey of Payment Card and Bank Card 
Transactions Related to International Travel to reflect this change to 
the regulations. In addition, BEA proposes to make certain changes to 
the data collected on the BE-150 form to collect them in greater 
detail. If these changes are approved, the BE-150 survey would be 
conducted on a quarterly basis beginning with the first quarter of 
2012.

DATES: Comments on this proposed rule will receive consideration if 
submitted in writing on or before 5 p.m. December 27, 2011.

[[Page 66873]]

ADDRESSES: You may submit comments by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments. For agency, select 
``Commerce Department--all.''
     Email: Christopher.Emond@bea.gov.
     Fax: Chris Emond, Chief, Special Surveys Branch, (202) 
606-5318.
     Mail: Chris Emond, Chief, Special Surveys Branch, Balance 
of Payments Division, U.S. Department of Commerce, Bureau of Economic 
Analysis, BE-50, Washington, DC 20230.
     Hand Delivery/Courier: Chris Emond, Chief, Special Surveys 
Branch, Balance of Payments Division, U.S. Department of Commerce, 
Bureau of Economic Analysis, BE-50, Shipping and Receiving Section, 
M100, 1441 L Street, NW., Washington, DC 20005.
    Please include in your comment a reference to RIN 0691-AA79 in the 
subject line.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in the 
proposed rule should be sent both to BEA, through any of the methods 
listed above, and to the Office of Management and Budget, O.I.R.A., 
Paperwork Reduction Project, Attention PRA Desk Officer for BEA, via 
email at pbugg@omb.eop.gov, or by FAX at (202) 395-7245.
    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.

FOR FURTHER INFORMATION CONTACT: Chris Emond, Chief, Special Surveys 
Branch, Balance of Payments Division (BE-50), Bureau of Economic 
Analysis, U.S. Department of Commerce, Washington, DC 20230; email 
Christopher.Emond@bea.gov; or phone (202) 606-9826.

SUPPLEMENTARY INFORMATION: This proposed rule would amend BEA's 
regulations at 15 CFR 801.9 to expand the types of entities that are 
required to submit information on BE-150, Quarterly Survey of Cross-
Border Credit, Debit, and Charge Card Transactions to include companies 
that operate personal identification number (PIN)-based debit networks. 
To reflect this change to the regulations, BEA also proposes to change 
the title of the form from Quarterly Survey of Cross-Border Credit, 
Debit, and Charge Card Transactions to Quarterly Survey of Payment Card 
and Bank Card Transactions Related to International Travel. In 
addition, BEA revises the BE-150 survey form to collect certain data in 
greater detail.
    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.

Description of Changes

    BEA proposes to amend 15 CFR 801.9(c)(7) to require companies that 
operate personal identification number (PIN)-based debit networks to 
submit information on BE-150, Quarterly Survey of Cross-Border Credit, 
Debit, and Charge Card Transactions. If this change is adopted, PIN-
based debit network companies would be required to submit information 
on cross-border transactions between (1) U.S. cardholders traveling 
abroad and foreign businesses and (2) foreign cardholders traveling in 
the United States and U.S. businesses. The survey as proposed would be 
mandatory for all PIN-based debit network companies as it is for the 
U.S. credit card companies that are currently required to complete the 
survey. The PIN-based debit network companies have been added to the 
list of required reporters to close a gap in the coverage of 
international travel transactions. BEA also proposes to change the 
title of the form from Quarterly Survey of Cross-Border Credit, Debit, 
and Charge Card Transactions to Quarterly Survey of Payment Card and 
Bank Card Transactions Related to International Travel to reflect this 
change.
    In addition, BEA proposes to make certain changes to the 
information collected on the BE-150 form. As proposed, the BE-150 would 
collect the same information as the current BE-150, but in greater 
detail. The proposed survey would distinguish between transactions when 
the bank or payment card is present at the point of sale and when the 
bank or payment card is not present at the point of sale. This change 
would improve the identification of cross-border travel transactions. 
In addition, the survey would disaggregate transactions by spending 
category by type of card--personal card versus government, business or 
corporate card. This change would provide the detail necessary for BEA 
to publish U.S. international travel statistics in accordance with 
international economic accounting guidelines.
    The BE-150 survey proposed in this rule would be conducted by BEA 
on a quarterly basis, beginning with transactions for the first quarter 
of 2012, under the authority provided in the International Investment 
and Trade in Services Survey Act (Pub. L. 94-472. 90 Stat. 2059, 22 
U.S.C. 3101-3108), hereinafter, ``the Act.'' The proposed BE-150 survey 
would be mandatory for both U.S. credit card and PIN-based debit 
network companies. If this rule is implemented, BEA would begin sending 
the survey to potential respondents in March of 2012; responses would 
be due by May 15, 2012.
    The proposed BE-150 survey data will be used by BEA to estimate the 
travel component of the U.S. International Transactions Accounts 
(ITAs). In constructing the estimates, these data will be used in 
conjunction with data BEA collected separately from U.S. and foreign 
travelers on the Survey of International Travel Expenditures about the 
methods these travelers used to pay for their international travel, 
such as credit, debit, and charge card purchases, cash withdrawals, 
currency brought from home, and travelers' checks.
    BEA maintains a continuing dialogue with respondents and with data 
users, including its own internal users, to ensure that, as far as 
possible, the required data serve their intended purposes and are 
available from the existing records, that instructions are clear, and 
that unreasonable burdens are not imposed. In reaching decisions on 
what questions to include in the survey, BEA considered the 
Government's need for the data, the burden imposed on respondents, the 
quality of the likely responses (for example, whether the data are 
available on respondents' books), and BEA's experience in previous 
annual and quarterly surveys.

Survey Background

    The Bureau of Economic Analysis (BEA), U.S. Department of Commerce, 
would conduct the survey under the International Investment and Trade 
in Services Survey Act (22 U.S.C. 3101-3108), hereinafter, ``the Act.'' 
Section 4(a) of the Act (22 U.S.C. 3103(a)) provides that the President 
shall, to the extent he deems necessary and feasible, conduct a regular 
data collection program to secure current information related to 
international investment and trade in services and publish for the use 
of the general public and United States Government agencies periodic, 
regular, and comprehensive statistical

[[Page 66874]]

information collected pursuant to this subsection.
    In section 3 of Executive Order 11961, as amended by Executive 
Orders 12318 and 12518, the President delegated the responsibilities 
under the Act for performing functions concerning international trade 
in services to the Secretary of Commerce, who has redelegated them to 
BEA.
    The survey would provide a basis for compiling the travel account 
of the United States international transactions accounts. In 
constructing the estimates, these data would be used in conjunction 
with data BEA collected separately from U.S. and foreign travelers on 
the Survey of International Travel Expenditures on the methods these 
travelers used to pay for international travel expenditures. With the 
two data sources, BEA would be able to estimate total expenditures by 
foreign travelers in the United States (U.S. exports) and total 
expenditures by U.S. travelers abroad (U.S. imports) by country and 
region.

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 as that term is defined under E.O. 13132.

Paperwork Reduction Act

    This proposed rule contains a collection-of-information requirement 
subject to review and approval by the Office of Management and Budget 
(OMB) under the Paperwork Reduction Act. The requirement will be 
submitted to OMB as a request for a new collection of information.
    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 Paperwork Reduction Act unless that collection 
displays a currently valid Office of Management and Budget Control 
Number.
    The BE-150 quarterly survey, as proposed, is expected to result in 
the filing of reports from six respondents on a quarterly basis, or 24 
reports annually. The respondent burden for this collection of 
information would vary from one respondent to another, but is estimated 
to average 16 hours per response (64 hours annually), including time 
for reviewing the 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 
the BE-150 survey is estimated at 384 hours.
    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 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. A description of the changes proposed by this rule are 
described in the preamble and are not repeated here.
    BEA estimates that this rule would not have an impact on any small 
entities as the BE-150 survey would be mandatory for only those U.S. 
credit card companies that operate networks used to clear and settle 
credit card transactions between issuing banks and acquiring banks, and 
PIN-based debit network companies. BEA estimates that there are only 
six companies that would be subject to this rule. Of the six companies, 
none is considered to be a small entity under the Small Business 
Administration's Table of Small Business Size Standards. All six 
companies are corporations that exceed the maximum annual revenue 
threshold to be considered a small entity. Because no small businesses 
are subject to reporting, the Chief Counsel for Regulation certifies 
that this proposed rule would not have a significant economic impact on 
a substantial number of small entities.

List of Subjects in 15 CFR Part 801

    International transactions, Economic statistics, Foreign trade, 
Penalties, Reporting and recordkeeping requirements, Travel expenses, 
Cross-Border transactions, Credit card, and Debit card.

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. 86, as amended by E.O. 12318, 
3 CFR, 1981 Comp., p. 173, and E.O. 12518, 3 CFR, 1985 Comp., p. 
348.

    2. Amend Sec.  801.9 by adding paragraph (c)(7):

Sec.  801.9  Reports required.

    (c) Quarterly surveys. * * *
    (7) BE-150, Quarterly Survey of Payment Card and Bank Card 
Transactions Related to International Travel:
    (i) A BE-150, Quarterly Survey of Payment Card and Bank Card 
Transactions Related to International Travel will be conducted covering 
the first quarter of the 2012 calendar year and every quarter 
thereafter.
    (A) Who must report. A BE-150 report is required from each U.S. 
company that operates networks for clearing and settling credit card 
transactions made by U.S. cardholders in foreign countries and by 
foreign cardholders in the United States and from PIN-based debit 
network companies. Each reporting company must complete all applicable 
parts of the BE-150 form before transmitting it to BEA. Issuing banks, 
acquiring banks, and individual cardholders are not required to report.
    (B) Covered Transactions. The BE-150 survey collects aggregate 
information on the use of credit, debit, and charge cards by U.S. 
cardholders when traveling abroad and foreign cardholders when 
traveling in the United States. Data are collected by the type of 
transaction, by type of card, by spending category, and by country.
    (ii) [Reserved]

[FR Doc. 2011-27938 Filed 10-27-11; 8:45 am]
BILLING CODE 3510-06-P
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