Federal Register / Vol. 62, No. 250 / Wednesday, December 31, 1997 / Rules and Regulations 68161

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)

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 final evaluation has

been prepared for this action and it is

contained in the Rules Docket. A copy

of it may be obtained from the Rules

Docket at the location provided under

the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Incorporation by reference,

Safety.

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration amends part 39 of the

Federal Aviation Regulations (14 CFR

part 39) 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

adding the following new airworthiness

directive:

98–01–03 Fokker: Amendment 39–10267.

Docket 97-NM–255-AD.

Applicability: Model F27 Mark 050 series

airplanes, serial numbers 20103 through

20296 inclusive, 20304, 20305, 20308, and

20311; certificated in any category.

Note 1: This AD applies to each airplane

identified in the preceding applicability

provision, regardless of whether it has been

modified, altered, or repaired in the area

subject to the requirements of this AD. For

airplanes that have been modified, altered, or

repaired 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 (b) 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, unless

accomplished previously.

To prevent accumulation of ice in the

engine air intake duct and subsequent

ingestion of ice into the engine, which could

result in engine power fluctuations and

reduced controllability of the airplane,

accomplish the following:

(a) Within 3 months after the effective date

of this AD, modify the air outlet opening of

the engine air bypass duct in the left and

right bottom engine cowling in accordance

with Fokker Service Bulletin SBF50–71–041,

dated November 10, 1993.

(b) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager,

International Branch, ANM–116, FAA,

Transport Airplane Directorate. Operators

shall submit their requests through an

appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, International Branch,

ANM–116.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the International Branch,

ANM–116.

(c) 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.

(d) The modification shall be done in

accordance with Fokker Service Bulletin

SBF50–71–041, dated November 10, 1993.

This incorporation by reference was

approved by the Director of the Federal

Register in accordance with 5 U.S.C. 552(a)

and 1 CFR part 51. Copies may be obtained

from Fokker Services B.V., Technical

Support Department, P. O. Box 75047, 1117

ZN Schiphol Airport, the Netherlands.

Copies may be inspected at the FAA,

Transport Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington; or at the

Office of the Federal Register, 800 North

Capitol Street, NW., suite 700, Washington,

DC.

Note 3: The subject of this AD is addressed

in Dutch airworthiness directive BLA 1995–

065 (A), dated June 30, 1995.

(e) This amendment becomes effective on

January 15, 1998.

Issued in Renton, Washington, on

December 23, 1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–34040 Filed 12–30–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF COMMERCE

Bureau of Economic Analysis

15 CFR Part 801

[Docket No. 970903222–7299–02]

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: Final rule.

SUMMARY: These final rules 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, input-output, and 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 final 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
68162 Federal Register / Vol. 62, No. 250 / Wednesday, December 31, 1997 / Rules and Regulations

fees in the same category as all other

royalties and license fees.

EFFECTIVE DATE: These rules will be

effective January 30, 1998.

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: In the

September 26, 1997 Federal Register,

volume 62, No. 187, 62 FR 40529–

50531, BEA published a notice of

proposed rulemaking setting forth

revised reporting requirements for the

BE–93, Annual Survey of Royalties,

License Fees, and Other Receipts and

Payments for Intangible Rights Between

U.S. and Unaffiliated Foreign Persons.

No comments on the proposed rules

were received. Thus, these final rules

are the same as the proposed rules.

These final 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 (P.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,

input-output, and 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 final 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 allinclusive 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 make

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, these final rules strike language

that previously excluded coverage of

copyrights and other intellectual

property rights related to computer

software from the BE–93 rules.

Separately, a final rule 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 final rules do not contain

policies with Federalism implications

sufficient to warrant preparation of a

Federalism assessment under E.O.

12612.

Executive Order 12866

These final rules have been

determined to be not significant for

purposes of E.O. 12866.

Paperwork Reduction Act

The collection of information required

in these final rules has been approved

by OMB (OMB No. 0608–0017) under

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 sources, gathering and

maintaining the data needed, and

completing and reviewing the collection

of information.

Comments regarding the burden

estimate or any other aspect of this

collection of information 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 0608–17,

Washington, DC 20530.

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 these final rules 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 business 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: December 2, 1997.

J. Steven Landefled,

Director, Bureau of Economic Analysis.

For the 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

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,
Federal Register / Vol. 62, No. 250 / Wednesday, December 31, 1997 / Rules and Regulations 68163

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. 97–34031 Filed 12–30–97; 8:45 am]

BILLING CODE 3510–06–M

DEPARTMENT OF COMMERCE

Bureau of Economic Analysis

15 CFR Part 801

[Docket No. 970903223–7300–02]

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: Final rule.

SUMMARY: These final rules amend the

reporting requirements for the BE–22,

Annual Survey of Selected Services

Transactions With Unaffiliated Foreign

Persons. The BE–22 surveys 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–20,

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, input-output, and 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

final rules: (1) coverage of the BE–22

annual survey is expanded to conform

with the most recent BE–20 benchmark

survey, which covered 1996, and (2)

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 of Royalties, License

Fees, and Other Receipts and Payments

for Intangible Rights Between U.S. and

Unaffiliated Foreign Persons.

EFFECTIVE DATE: These rules will be

effective January 30, 1998.

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: In the

September 26, 1997 Federal Register,

volume 62, No. 187, 62 FR 50531–

50533, BEA published a notice of

proposed rulemaking setting forth

reporting requirements for the BE–22,

Annual Survey of Selected Services

Transactions with Unaffiliated Foreign

Persons. No comments on the proposed

rule were received. Thus, these final

rules are the same as the proposed rules.

These final rule amend 12 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 (P.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, input-output, and national

income and product accounts, develop

U.S. international price indexes for

services, assess U.S. competitiveness in,

and promote, international trade in

services, and improve the ability of U.S.

businesses to identify and evaluate

market opportunities for service trade.

In order to bring the BE–22 annual

survey into conformity with the 1996

BE–20 benchmark survey, coverage of

the BE–22 is expanded to include, for

the first time, data on merchanting

services (sales only), operational leasing

services, selling agent services, and a

variety of services included in a new

‘‘other’’ selected services category. This

category covers satellite photography

services, security services, actuarial

services, salvage services, oil spill and

toxic waste cleanup services, language

translation services, and account

collection services.

These final rules also drop coverage of

general use computer software royalties

and license fees from the BE–22. In the

past, annual data on such fees and

royalties were collected as part of an allinclusive computer and data processing

services category on the BE–22, 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 royalties and license fees be

classified in ‘‘royalties and license fees’’

rather than ‘‘other services’’ in the

balance of payments.) Thus, BEA is

moving coverage of general use

computer software royalties and license

fees from the BE–22 to the BE–93,

Annual Survey of Royalties, License

Fees, and Other Receipts and Payments

for Intangible Rights Between U.S. and

Unaffiliated Foreign Persons. To effect

this change, these final rules strike

language that previously included