Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Rules and Regulations 15843 

Designations and Reporting Points, 

signed October 3, 2008, and effective 

October 31, 2008 is amended as follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

ANM WY, E5 Ten Sleep, WY [New] 

Ten Sleep, Red Reflet Ranch Airport, WY 

(Lat. 43°58′04′′ N., long. 107°22′46′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.6 mile 

radius of the Red Reflet Ranch Airport, and 

within 4 miles each side of the Red Reflet 

Ranch Airport 293° bearing extending from 

the 6.6-mile radius to 12 miles northwest of 

the Red Reflet Ranch Airport. 

* * * * * 

Issued in Seattle, Washington, on March 

31, 2009. 

Steve Karnes, 

Acting Manager, Operations Support Group, 

Western Service Center. 

[FR Doc. E9–7900 Filed 4–7–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Economic Analysis 

15 CFR Part 801 

[Docket No. 0807311000–9272–02 ] 

RIN 0691–AA67 

International Services Surveys: BE– 

150, Quarterly Survey of Cross-Border 

Credit, Debit, and Charge Card 

Transactions 

AGENCY: Bureau of Economic Analysis, 

Commerce. 

ACTION: Final rule. 

SUMMARY: This final rule amends 

regulations of the Bureau of Economic 

Analysis, Department of Commerce 

(BEA) to set forth the reporting 

requirements for a new mandatory 

survey entitled the BE–150, Quarterly 

Survey of Cross-Border Credit, Debit, 

and Charge Card Transactions. The 

survey will collect from major U.S. 

credit card companies data on crossborder credit, debit, and charge card 

transactions between U.S. cardholders 

traveling abroad and foreign businesses 

and between foreign cardholders 

traveling in the United States and U.S. 

businesses. The BE–150 survey will be 

conducted on a quarterly basis 

beginning with the first quarter of 2009. 

The BE–150 survey data will be used 

by BEA in estimating 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 is collecting separately from U.S. 

and foreign travelers on the Survey of 

International Travel Expenditures on 

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. 

DATES: This final rule will be effective 

May 8, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Chris Emond, Chief, Special Surveys 

Branch, (BE–50), Balance of Payments 

Division, Bureau of Economic Analysis, 

U.S. Department of Commerce, 

Washington, DC 20230; e-mail 

christopher.emond@bea.gov; or phone 

(202) 606–9826. 

SUPPLEMENTARY INFORMATION: In the 

September 18, 2008 Federal Register, 73 

FR 54095, BEA published a notice of 

proposed rulemaking to amend 15 CFR 

801.9 to set forth reporting requirements 

for a new mandatory survey entitled 

BE–150, Quarterly Survey of CrossBorder Credit, Debit, and Charge Card 

Transactions. No comments were 

received on the proposed rule. Thus, the 

proposed rule is adopted without 

change. 

Description of Changes 

The BE–150 survey is a mandatory 

survey and will be conducted, 

beginning with transactions for the first 

quarter of 2009, by BEA under the 

International Investment and Trade in 

Services Survey Act (22 U.S.C. 3101– 

3108), hereinafter, ‘‘the Act.’’ For the 

initial quarter of coverage, BEA will 

send the survey to potential respondents 

in April of 2009; responses will be due 

by May 30, 2009. 

The BE–150 survey will collect from 

the U.S. credit card companies data 

covering cross-border credit, debit, and 

charge card transactions between U.S. 

cardholders traveling abroad and foreign 

businesses and between foreign 

cardholders traveling in the United 

States and U.S. businesses—by country 

of the transaction (for U.S. cardholders) 

or by country of residency of the 

cardholder (for foreign cardholders). 

Credit card companies that operate 

networks used to clear and settle credit 

card transactions between issuing banks 

and acquiring banks would be 

responsible for reporting on this survey. 

Issuing banks, acquiring banks, and 

individual cardholders will not be 

required to report. Data will be collected 

by the type of transaction, by type of 

card, by spending category, and by 

country. Data on credit card transactions 

of U.S. cardholders traveling abroad and 

foreign cardholders traveling in the 

United States will be collected at an 

aggregate level from the U.S. credit card 

companies; data on the transactions of 

individuals will not be collected. 

Survey Background 

The Bureau of Economic Analysis 

(BEA), U.S. Department of Commerce, 

will 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 

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 provides a basis for 

compiling the travel account of the 

United States international transactions 

accounts. In constructing the estimates, 

these data will be used in conjunction 

with data BEA is collecting 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 will 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 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 

Federal assessment under E.O. 13132. 

Paperwork Reduction Act 

The collection-of-information in this 

final rule has been approved by the 

Office of Management and Budget 

(OMB) under control number 0608– 

0072 pursuant to the requirements of 

the Paperwork Reduction Act. 


rwilkins on PROD1PC63 with RULES
15844 Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Rules and Regulations 

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 collection will display this 

number. 

The BE–150 quarterly survey is 

expected to result in the filing of reports 

from four respondents on a quarterly 

basis, or 16 reports annually. The 

respondent burden for this collection of 

information will 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 260 hours. 

Written comments regarding the 

burden-hour estimate or any other 

aspect of this collection of information 

contained in this final rule should be 

sent to (1) the Bureau of Economic 

Analysis via mail to U.S. Department of 

Commerce, Bureau of Economic 

Analysis, Chris Emond, Chief, Special 

Surveys Branch (BE–50), Washington, 

DC 20230, via e-mail at 

christopher.emond@bea.gov, or by FAX 

at 202–606–5318; and (2) the Office of 

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

Paperwork Reduction Project, Attention 

PRA Desk Officer for BEA, via e-mail at 

pbugg@omb.eop.gov, or by FAX at 202– 

395–7245. 

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 rule will 

not have a significant economic impact 

on a substantial number of small 

entities. The factual basis for this 

certification was published with the 

proposed rule. No comments were 

received regarding the economic impact 

of this rule. As a result, no final 

regulatory flexibility analysis was 

prepared. 

List of Subjects in 15 CFR Part 801 

International transactions, Economic 

statistics, Foreign trade, Penalties, 

Reporting and recordkeeping 

requirements, Travel expenses, Crossborder transactions, Credit card, and 

Debit card. 

Dated: January 29, 2009. 

J. Steven Landefeld, 

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, 

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 § 801.9 by adding paragraph 

(c)(7) to read as follows: 

§ 801.9 Reports required. 

(c) Quarterly surveys. * * * 

(7) BE–150, Quarterly Survey of 

Cross-Border Credit, Debit, and Charge 

Card Transactions: 

(i) A BE–150, Quarterly Survey of 

Cross-Border Credit, Debit, and Charge 

Card Transactions will be conducted 

covering the first quarter of the 2009 

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. 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. E9–7987 Filed 4–7–09; 8:45 am] 

BILLING CODE 3510–06–P 

DEPARTMENT OF STATE 

22 CFR Part 62 

[Public Notice: 6566] 

RIN 1400–AC48 

Exchange Visitor Program—Au Pairs 

AGENCY: Department of State. 

ACTION: Final rule. 

SUMMARY: On June 19, 2008, the 

Department of State published an 

interim final rule to revise existing 

regulations and thereby permit qualified 

au pairs to participate again in the au 

pair program after completing a period 

of at least two years of residency outside 

the United States following the end date 

of his or her initial exchange visitor 

program. The regulations contained in 

the interim final rule are adopted 

without change. 

DATES: The interim rule published at 73 

FR 34861, June 19, 2008 is adopted as 

final without change effective April 8, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

Stanley S. Colvin, Deputy Assistant 

Secretary, Office of Private Sector 

Exchange, U.S. Department of State, 

SA–44, 301 4th Street, SW., Room 734, 

Washington, DC 20547; or e-mail at 

jexchanges@state.gov. 

SUPPLEMENTARY INFORMATION: On June 

19, 2008, the Department of State 

published an interim final rule with 

request for comments whether to allow 

a foreign national who previously 

participated in the au pair program to 

repeat the program. One comment was 

received in response to the document 

that had no relevance to the rule. The 

Department has determined that an au 

pair who has successfully completed the 

au pair program may repeat program 

participation provided that he or she 

has resided outside the United States for 

a period of at least two years after the 

completion of initial participation in the 

au pair program (including the 

educational component requirement) 

and is within the regulatory age range 

for eligibility. An au pair who has 

previously participated is likely to be 

more familiar with the American culture 

(thereby quickly overcoming cultural 

challenges), is a proven successful 

caretaker, and will be able to build on 

the skills previously acquired. 

For the foregoing reasons, the 

Department is promulgating the interim 

final rule as a final rule. 

Regulatory Analysis 

Administrative Procedure Act 

The Department has determined that 

this final rule involves a foreign affairs 

function of the United States and is 

consequently exempt from the 

procedures required by 5 U.S.C. 553, 

pursuant to 5 U.S.C. 553(a)(1). 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This rule has been found not to be a 

major rule within the meaning of the 


rwilkins on PROD1PC63 with RULES