Federal Register / Vol. 74, No. 68 / Friday, April 10, 2009 / Proposed Rules 16337 

IMPORT ASSESSMENT TABLE— 

Continued 

[Raw cotton fiber] 

HTS No. Conv. fact. Cents/kg. 

6302910060 ...... 1.052 1.1446 

6303191100 ...... 0.9448 1.0279 

6303910010 ...... 0.6429 0.6995 

6303910020 ...... 0.6429 0.6995 

6304111000 ...... 1.0629 1.1564 

6304190500 ...... 1.052 1.1446 

6304191000 ...... 1.1689 1.2718 

6304191500 ...... 0.4091 0.4451 

6304192000 ...... 0.4091 0.4451 

6304910020 ...... 0.9351 1.0174 

6304920000 ...... 0.9351 1.0174 

6505901540 ...... 0.181 0.1969 

6505902060 ...... 0.9935 1.0809 

6505902545 ...... 0.5844 0.6358 

* * * * * 

Authority: 7 U.S.C. 2101–2118. 

Dated: April 6, 2009. 

Robert C. Keeney, 

Acting Associate Administrator. 

[FR Doc. E9–8175 Filed 4–9–09; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF COMMERCE 

Bureau of Economic Analysis 

15 CFR Part 801 

[Docket No. 080731107–81012–01] 

RIN 0691–AA69 

International Services Surveys: BE– 

140, Benchmark Survey of Insurance 

Transactions by U.S. Insurance 

Companies With Foreign Persons 

AGENCY: Bureau of Economic Analysis, 

Commerce. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This proposed rule would 

amend regulations of the Bureau of 

Economic Analysis, Department of 

Commerce (BEA) to set forth the 

reporting requirements for the 

Benchmark Survey of Insurance 

Transactions by U.S. Insurance 

Companies with Foreign Persons. This 

proposed rule is for a new survey, 

which would collect data on crossborder reinsurance and other insurance 

transactions from U.S. insurance 

companies. If approved, the survey 

would be conducted every five years 

with the first survey covering calendar 

year 2008. 

The data will be used by BEA in 

estimating the insurance services 

component of the U.S. International 

Transactions Accounts (ITAs) and other 

economic accounts complied by BEA. 

DATES: Comments on this proposed rule 

will receive consideration if submitted 

in writing on or before 5 p.m. June 9, 

2009. 

ADDRESSES: You may submit comments, 

identified by RIN 0691–AA69, and 

referencing the agency name (Bureau of 

Economic Analysis), 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.’’ 

• E-mail: 

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. 

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; e-mail 

Christopher.Emond@bea.gov; phone 

(202) 606–9826. 

SUPPLEMENTARY INFORMATION: This 

proposed rule would amend 15 CFR 

801.9(a) and create 15 CFR 801.12 to 

add the reporting requirements for the 

BE–140, Benchmark Survey of 

Insurance Transactions by U.S. 

Insurance Companies with Foreign 

Persons. This new survey would be 

mandatory for those U.S. insurance 

companies that exceed the exemption 

level and that engage in the covered 

transactions. 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 

The proposed survey would be 

conducted by BEA every five years, with 

the first survey covering calendar year 

2008, under the International 

Investment and Trade in Services 

Survey Act (22 U.S.C. 3101–3108), 

hereinafter, ‘‘the Act.’’ For the initial 

survey, BEA would send the survey to 

potential respondents in June of 2009; 

responses would be due by September 

1, 2009. 

If implemented, the survey would 

collect information from U.S. insurance 

companies on the following covered 

transactions: (1) Premiums earned, and 

(2) losses, on reinsurance assumed; (3) 

premiums incurred, and (4) losses, on 

reinsurance ceded; (5) premiums 

earned, and (6) losses, on primary 

insurance sold; (7) sales of, and (8) 

purchases of, auxiliary insurance 

services. The exemption level for the 

proposed survey is $2 million based on 

one of the eight categories listed above. 

Insurance companies that exceed this 

threshold must supply data on the 

amount of their insurance transactions 

for each category, disaggregated by 

country. 

U.S. insurance companies that are 

exempt from the reporting requirements 

because they do not meet the criteria for 

reporting the BE–140 survey form are 

requested to provide, on a voluntary 

basis, the estimates of their covered 

insurance transactions. Any U.S. 

insurance company that receives the 

BE–140 survey form from BEA, but that 

does not report data because they are 

exempt under the regulations, must 

provide information on the reason why 

they do not wish to voluntarily provide 

the requested information. This 

requirement is necessary to ensure 

compliance with reporting requirements 

and efficient administration of the Act 

by eliminating unnecessary follow-up 

contact. If a U.S. insurance company 

does not receive the BE–140 survey 

form and is not otherwise required to 

report under these regulations, then the 

company is not required to take any 

action. 

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 

16338 Federal Register / Vol. 74, No. 68 / Friday, April 10, 2009 / Proposed Rules 

respondents, the quality of the likely 

responses (for example, whether the 

data are available on respondents’ 

books), and BEA’s experience in 

previous benchmark, annual, and 

quarterly surveys. 

Survey Background 

The Bureau of Economic Analysis 

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

would collect 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. 

Data from the proposed survey are 

needed to monitor U.S. exports and 

imports of insurance services and other 

international insurance transactions; 

analyze their impact on the U.S. and 

foreign economies; compile and 

improve the U.S. international 

transactions, national income and 

product, and input-output accounts; 

support U.S. international trade policy 

on insurance services; assess and 

promote U.S. competitiveness in 

international trade in services; and 

improve the ability of U.S. business to 

identify and evaluate market 

opportunities. 

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 

sufficient to warrant preparation of a 

Federalism Assessment 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 benchmark survey, as proposed, 

is expected to result in the filing of 

reports from approximately 1000 

respondents, approximately 500 

respondents would report mandatory or 

voluntary data on the survey and 

approximately 500 respondents would 

not report data. The respondent burden 

for this collection of information would 

vary from one respondent to another, 

but is estimated to average 8 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 

for the respondents that file mandatory 

or voluntary data and one hour for 

respondents that do not report data. 

Thus, the total respondent burden for 

the survey is estimated at 4,500 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 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 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 proposed 

rulemaking, if adopted, will not have a 

significant economic impact on a 

substantial number of small entities. 

While the survey does not collect data 

on total sales or other measures of the 

overall size of the businesses that 

respond to the survey, historically the 

respondents to the existing quarterly 

survey of international insurance 

transactions has been comprised mainly 

of major U.S. corporations. The 

proposed benchmark survey will be 

required from U.S. insurance companies 

whose covered transactions with foreign 

persons exceeded $2 million for 

calendar year 2008. Thus, the 

exemption level will exclude most small 

businesses from mandatory coverage. 

Any small businesses that may be 

required to report would likely have 

engaged in only a few covered 

transactions and so the burden on them 

would be relatively small. 

List of Subjects in 15 CFR Part 801 

International transactions, Economic 

statistics, Foreign trade, Penalties, 

Reporting and recordkeeping 

requirements. 

Dated: April 3, 2009. 

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. Revise § 801.9(a) to read as follows: 

§ 801.9 Reports required. 

(a) Benchmark surveys. Section 4(a)(4) 

of the Act (22 U.S.C. 3103) provides that 

benchmark surveys of trade in services 

between U.S. and unaffiliated persons 

be conducted, but not more frequently 

than every 5 years. General reporting 

requirements, exemption levels, and the 

years of coverage for the BE–120 survey 

may be found in § 801.10; general 

reporting requirements, exemption 

levels, and the years of coverage for the 

BE–80 survey may be found in § 801.11; 

and general reporting requirements, 

exemption levels, and the years for 

coverage for this proposed survey may 

be found in § 801.12. More detailed 

Federal Register / Vol. 74, No. 68 / Friday, April 10, 2009 / Proposed Rules 16339 

instructions are given on the forms 

themselves. 

* * * * * 

3. Add § 801.12 to read as follows: 

§ 801.12 Rules and regulations for the BE– 

140, Benchmark Survey of Insurance 

Transactions by U.S. Insurance Companies 

with Foreign Persons. 

(a) The BE–140, Benchmark Survey of 

Insurance Transactions by U.S. 

Insurance Companies with Foreign 

Persons, will be conducted covering 

calendar year 2008 and every fifth year 

thereafter. All legal authorities, 

provisions, definitions, and 

requirements contained in § 801.1 

through § 801.9(a) are applicable to this 

survey. More detailed instructions and 

descriptions of the individual types of 

transactions covered are given on the 

report form itself. The BE–140 consists 

of three parts and two schedules. Part 1 

requests information on whom to 

consult concerning questions about the 

report and the certification section. Part 

2 requests information about the 

reporting insurance company. Part 3 

requests information needed to 

determine whether a report is required, 

the types of transactions that would be 

reported, and which schedules apply. 

Each of the two schedules covers the 

types of insurance services to be 

reported and the ownership relationship 

between the U.S. insurance company 

and foreign transactor and is to be 

completed only if the U.S. insurance 

company has transactions of the types 

covered by the particular schedule. 

(b) Who must report. 

(1) Mandatory reporting. A BE–140 

report is required from each U.S. 

insurance company with respect to the 

transactions listed below, if any of the 

eight items was greater than $2 million 

or less than negative $2 million for the 

calendar year covered by the survey on 

an accrual basis: 

(i) Premiums earned, and 

(ii) Losses, on reinsurance assumed; 

(iii) Premiums incurred, and 

(iv) Losses, on reinsurance ceded; 

(v) Premiums earned, and 

(vi) Losses, on primary insurance 

sold; 

(vii) Sales of, and 

(viii) Purchases of, auxiliary 

insurance services. U.S. insurance 

companies that file pursuant to this 

mandatory reporting requirement must 

complete parts 1 through 3 of Form BE– 

140 and all applicable schedules. The 

total amounts of transactions applicable 

to a particular schedule are to be 

entered in the appropriate column(s) 

and these amounts must be distributed 

among the countries involved in the 

transactions. 

(2) Voluntary reporting. If, during the 

calendar year covered, the U.S. 

insurance company’s transactions do 

not exceed the exemption level for any 

of the types of transactions covered by 

the survey, the U.S. person is requested 

to provide an estimate of the total for 

each type of transaction. Submission of 

this information is voluntary. The 

estimates may be judgmental, that is, 

based on recall, without conducting a 

detailed records search. 

(3) Any U.S. insurance company that 

receives the BE–140 survey form from 

BEA, but is not reporting data in either 

the mandatory or voluntary section of 

the form, must complete Parts 1 through 

3 of the survey. This requirement is 

necessary to ensure compliance with 

reporting requirements and efficient 

administration of the Act by eliminating 

unnecessary follow-up contact. 

(c) Covered types of insurance 

transactions. The BE–140 survey is 

intended to collect information on U.S. 

international insurance transactions. 

The types of insurance transactions 

covered are reinsurance assumed from 

or ceded to insurance companies 

resident abroad, primary insurance sold 

to foreign persons, and receipts and 

payments of auxiliary insurance 

services. 

[FR Doc. E9–8148 Filed 4–9–09; 8:45 am] 

BILLING CODE 3510–06–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 20 

[FWS–R9–MB–2009–0124; 91200–1231– 

9BPP–L2] 

RIN 1018–AW31 

Migratory Bird Hunting; Proposed 

2009–10 Migratory Game Bird Hunting 

Regulations (Preliminary) With 

Requests for Indian Tribal Proposals 

and Requests for 2010 Spring and 

Summer Migratory Bird Subsistence 

Harvest Proposals in Alaska 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule; availability of 

supplemental information. 

SUMMARY: The U.S. Fish and Wildlife 

Service (hereinafter the Service or we) 

proposes to establish annual hunting 

regulations for certain migratory game 

birds for the 2009–10 hunting season. 

We annually prescribe outside limits 

(frameworks) within which States may 

select hunting seasons. This proposed 

rule provides the regulatory schedule, 

describes the proposed regulatory 

alternatives for the 2009–10 duck 

hunting seasons, requests proposals 

from Indian Tribes that wish to establish 

special migratory game bird hunting 

regulations on Federal Indian 

reservations and ceded lands, and 

requests proposals for the 2010 spring 

and summer migratory bird subsistence 

season in Alaska. Migratory game bird 

hunting seasons provide opportunities 

for recreation and sustenance; aid 

Federal, State, and Tribal governments 

in the management of migratory game 

birds; and permit harvests at levels 

compatible with migratory game bird 

population status and habitat 

conditions. 

DATES: You must submit comments on 

the proposed regulatory alternatives for 

the 2009–10 duck hunting seasons by 

June 26, 2009. Following subsequent 

Federal Register notices, you will be 

given an opportunity to submit 

comments for proposed early-season 

frameworks by July 31, 2009, and for 

proposed late-season frameworks and 

subsistence migratory bird seasons in 

Alaska by August 31, 2009. Tribes must 

submit proposals and related comments 

by June 1, 2009. Proposals from the Comanagement Council for the 2010 spring 

and summer migratory bird subsistence 

harvest season must be submitted to the 

Flyway Councils and the Service by 

June 15, 2009. 

ADDRESSES: You may submit comments 

on the proposals by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• U.S. Mail or Hand-Delivery: Public 

Comments Processing, Attn: 1018– 

AW31; Division of Policy and Directives 

Management; U.S. Fish and Wildlife 

Service; 4401 N. Fairfax Drive, Suite 

222; Arlington, VA 22203. 

We will not accept e-mailed or faxed 

comments. We will post all comments 

on http://www.regulations.gov. This 

generally means that we will post any 

personal information you provide us 

(see the Public Comments section below 

for more information). 

Proposals for the 2010 spring and 

summer migratory bird subsistence 

season in Alaska should be sent to the 

Executive Director of the Comanagement Council, U.S. Fish and 

Wildlife Service, 1011 E. Tudor Road, 

Anchorage, AK 99503, or fax to (907) 

786–3306, or e-mail to ambcc@fws.gov. 

FOR FURTHER INFORMATION CONTACT: Ron 

W. Kokel, at: Division of Migratory Bird 

Management, U.S. Fish and Wildlife 

Service, Department of the Interior, MS 

MBSP–4107–ARLSQ, 1849 C Street,