Federal Register / Vol. 87, No. 115 / Wednesday, June 15, 2022 / Proposed Rules 36091 

used to establish fuel efficiency certification 

in accordance with this part: 

A38.6.5.1 SAR (km/kg) for each reference 

airplane mass and the associated 90 percent 

confidence interval; 

A38.6.5.2 Average of the 1/SAR values; 

A38.6.5.3 RGF; and 

A38.6.5.4 Fuel efficiency metric value. 

PART 121—OPERATING 

REQUIREMENTS: DOMESTIC, FLAG, 

AND SUPPLEMENTAL OPERATIONS 

■ 12. The authority citation for part 121 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g), 40103, 

40113, 40119, 41706, 42301 preceding note 

added by Public Law 112–95, sec. 412, 126 

Stat. 89, 44101, 44701–44702, 44705, 44709– 

44711, 44713, 44716–44717, 44722, 44729, 

44732; 46105; Public Law 111–216, 124 Stat. 

2348 (49 U.S.C. 44701 note); Public Law 112– 

95 126 Stat 62 (49 U.S.C. 44732 note). 

■ 13. Amend § 121.141 by revising 

paragraph (b) introductory text to read 

as follows: 

§ 121.141 Airplane flight manual. 

* * * * * 

(b) In each airplane required to have 

an airplane flight manual in paragraph 

(a) of this section, the certificate holder 

shall carry either the manual required 

by § 121.133, if it contains the 

information required for the applicable 

flight manual and this information is 

clearly identified as flight manual 

requirements, or an approved Airplane 

Manual. If the certificate holder elects to 

carry the manual required by § 121.133, 

the certificate holder must revise the 

operating procedures sections and 

modify the presentation of performance 

data, except for the information required 

by § 38.23 of this chapter identifying 

compliance with the fuel efficiency 

requirements of part 38 of this chapter, 

from the applicable flight manual if the 

revised operating procedures and 

modified performance data presentation 

are— 

* * * * * 

PART 125—CERTIFICATION AND 

OPERATIONS: AIRPLANES HAVING A 

SEATING CAPACITY OF 20 OR MORE 

PASSENGERS OR A MAXIMUM 

PAYLOAD CAPACITY OF 6,000 

POUNDS OR MORE; AND RULES 

GOVERNING PERSONS ON BOARD 

SUCH AIRCRAFT 

■ 14. The authority citation for part 125 

continues to read as follows: 

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

44701–44702, 44705, 44710–44711, 44713, 

44716–44717, 44722. 

■ 15. Amend § 125.75 by revising 

paragraph (b) to read as follows: 

§ 125.75 Airplane flight manual. 

* * * * * 

(b) Each certificate holder shall carry 

the approved Airplane Flight Manual or 

the approved equivalent aboard each 

airplane it operates. A certificate holder 

may elect to carry a combination of the 

manuals required by this section and 

§ 125.71. If it so elects, the certificate 

holder may revise the operating 

procedures sections and modify the 

presentation of performance from the 

applicable Airplane Flight Manual if the 

revised operating procedures and 

modified performance data presentation 

are approved by the Administrator. Any 

approved equivalent must include the 

information required by § 38.23 of this 

chapter identifying compliance with the 

fuel efficiency requirements of part 38 

of this chapter. 

Issued under authority provided in 42 

U.S.C 4321 et seq., 7572, 49 U.S.C. 106(f), 

40113, 44701–44702, 44703, and 44704 in 

Washington, DC. 

Kevin Welsh, 

Executive Director, Office of Environment and 

Energy. 

[FR Doc. 2022–11556 Filed 6–14–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Economic Analysis 

15 CFR Part 801 

[Docket No. 220608–0131] 

RIN 0691–AA91 

International Services Surveys: 

Renewal of and Changes to BE–120 

Benchmark Survey of Transactions in 

Selected Services and Intellectual 

Property With Foreign Persons, and 

Clarifying When BE–140 and BE–180 

Benchmark Surveys Are Conducted 

AGENCY: Bureau of Economic Analysis, 

Commerce. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This proposed rule would 

amend regulations of the Department of 

Commerce’s Bureau of Economic 

Analysis (BEA) to renew reporting 

requirements for the BE–120 Benchmark 

Survey of Transactions in Selected 

Services and Intellectual Property with 

Foreign Persons. This proposed rule 

would also amend the regulations for 

BEA’s two other international services 

benchmark surveys, the BE–140 

Benchmark Survey of Insurance 

Transactions by U.S. Insurance 

Companies with Foreign Persons and 

the BE–180 Benchmark Survey of 

Financial Services Transactions 

between U.S. Financial Services 

Providers and Foreign Persons, to clarify 

when the surveys will be conducted. 

DATES: Comments on this proposed rule 

will receive consideration if submitted 

in writing on or before August 15, 2022. 

ADDRESSES: You can submit comments, 

identified by RIN 0691–AA91, and 

referencing the agency name (Bureau of 

Economic Analysis), by any of the 

following methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

instructions for submitting comments. 

For Keyword or ID, enter ‘‘EAB–2022– 

0002.’’ 

• Email: christopher.stein@bea.gov. 

• Mail: Christopher Stein, Chief, 

Services Surveys Branch (BE–50), 

Balance of Payments Division, Bureau of 

Economic Analysis, U.S. Department of 

Commerce, 4600 Silver Hill Rd., 

Washington, DC 20233. 

• Hand Delivery/Courier: Christopher 

Stein, Chief, Services Surveys Branch 

(BE–50), Balance of Payments Division, 

Bureau of Economic Analysis, U.S. 

Department of Commerce, 4600 Silver 

Hill Rd., Suitland, MD 20746. 

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 through 

any of the methods above and to the 

Office of Management and Budget 

(OMB) by submitting comments at 

www.reginfo.gov/public/do/PRAMain. 

Find this particular information 

collection by selecting ‘‘Currently under 

Review’’ or by using the search function 

and entering the title of the collection. 

Public Inspection: All comments 

received are a part of the public record 

and will generally be posted to https:// 

www.regulations.gov without change. 

Personal identifying information 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit confidential business 

information or otherwise sensitive or 

protected information. BEA will accept 

anonymous comments (enter N/A in 

required fields if you wish to remain 

anonymous). 

FOR FURTHER INFORMATION CONTACT: 

Christopher Stein, Chief, Services 

Surveys Branch (BE–50), Balance of 

Payments Division, Bureau of Economic 

Analysis, U.S. Department of 

Commerce, 4600 Silver Hill Rd., 

Washington, DC 20233; email 

christopher.stein@bea.gov or phone 

(301) 278–9189. 

SUPPLEMENTARY INFORMATION: The BE– 

120 Benchmark Survey of Transactions 

in Selected Services and Intellectual 

Property with Foreign Persons is a 


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mandatory survey and is conducted 

once every five years by BEA under the 

authority of the International 

Investment and Trade in Services 

Survey Act (22 U.S.C. 3101–3108). The 

data reported to BEA through this 

survey are confidential and may be used 

only for analytical and statistical 

purposes. A response is required from 

persons subject to the reporting 

requirements of the BE–120, whether or 

not they are contacted by BEA. 

The BE–120 benchmark survey covers 

the universe of selected services and 

intellectual property transactions of U.S. 

companies with foreign persons and is 

BEA’s most comprehensive survey of 

such transactions. The data collected 

through the BE–120 are needed to 

monitor U.S. trade in services and 

intellectual property, to analyze the 

impact of U.S. trade in these services on 

the U.S. economy and on foreign 

economies, to compile and improve the 

U.S. economic accounts, to support U.S. 

commercial policy on trade in services, 

to conduct trade promotion activities, 

and to improve the ability of U.S. 

businesses to identify and evaluate 

market opportunities. The benchmark 

data will be used, in conjunction with 

data collected from a sample of 

respondents on the companion BE–125 

Quarterly Survey of Transactions in 

Selected Services and Intellectual 

Property with Foreign Persons, to 

produce quarterly estimates of selected 

services and intellectual property 

components for BEA’s international 

transactions accounts, national income 

and product accounts, and industry 

accounts. 

Description of Changes 

The proposed changes to the BE–120 

survey include changes in data items 

collected and the design of the survey 

form. BEA proposes to add three items 

to the survey. The changes are proposed 

in response to suggestions from data 

users and to allow BEA to more closely 

align its statistics with international 

guidelines and publish more 

information on U.S. trade in services. 

The following items would be added to 

the BE–120 benchmark survey: 

(1) Questions to collect information 

on the largest U.S. states (up to three) 

for sales (exports) and purchases 

(imports) of services. Respondents that 

meet the thresholds ($2 million in 

combined sales, and/or $1 million in 

combined purchases) for filing on the 

mandatory schedules will be required to 

report information for up to three U.S. 

states that accounted for the largest 

shares of their sales and purchases 

activity. Reporters will be instructed to 

consider all of their cross-border sales 

and purchases of services (in aggregate 

for all transaction types and affiliation 

categories) and report the U.S. states 

that represented the largest share of 

their sales and (separately) their 

purchases. After identifying the states, 

reporters would provide an estimate of 

the percentage of their sales and 

purchases that were transacted from 

each state. Collecting information on the 

percent of total sales and purchases by 

state would allow BEA to study the 

feasibility of producing statistics on 

exports and imports of services by U.S. 

state and of estimating gross domestic 

product (GDP) by state using the 

expenditure approach. 

(2) Questions to collect information 

on digital intermediation platforms. 

BEA proposes to ask if the reporters 

operated a digital intermediation 

platform, and if so, the value of their 

digital intermediation sales and 

associated transaction categories. All 

BE–120 respondents that meet the 

thresholds for filing on the mandatory 

schedules would be required to respond 

to these questions. Survey instructions 

and definitions will be modified to 

ensure fees and commissions for sales 

and purchases made through digital 

intermediation platforms are reported in 

the correct transaction categories. The 

collection of information on digital 

intermediation services would allow 

BEA to develop estimates of the value 

of digitally intermediated trade in 

services. 

(3) Question on employment size 

class. To provide information on the 

distribution of international trade in 

services by business size, BEA proposes 

to add a question asking for the 

employment size class of the 

consolidated U.S. company. The 

question would ask all respondents to 

check a box indicating their 

employment size class: Very small (0– 

250), Small (251–500), Medium (501– 

1,000), Large (1,001–10,000), Very large 

(>10,000). Data users have expressed 

interest in data on the number of U.S. 

small businesses engaged in services 

trade and the value of their services 

trade. Collecting this information would 

allow BEA to aggregate data on small 

businesses filing the survey by type of 

service and industry, which data users 

can use to conduct targeted outreach 

and promotion efforts in support of 

small businesses. 

Additionally, BEA proposes to modify 

the remote services schedules 

(Schedules D and E) to better capture 

trade in digitally delivered services. 

Survey instructions will direct reporters 

to provide an estimate of the percentage 

of services that were digitally delivered 

from the U.S. Reporter’s domestic 

offices and provided to the purchaser 

located abroad via a computer network 

(via the internet, mobile device, 

extranet, or other comparable online 

system). Services provided via manually 

typed email, telephone, or fax will be 

excluded. The percentage reported 

should reflect all interactions with the 

customer, not just the delivery of the 

final product. 

BEA also proposes to delete the 

following two items from the BE–120 

benchmark survey: 

(1) Transaction categories for ‘‘Other 

intellectual property’’ would be 

eliminated. Rights to use other 

intellectual property (code 8.1), rights to 

reproduce and/or distribute other 

intellectual property (code 8.2), and 

outright sales or purchases of 

proprietary rights related to other 

intellectual property (code 8.3) would 

no longer be collected. BEA typically 

reclassifies transactions reported to BEA 

in these categories to research and 

development (R&D) services (transaction 

code 29.1, the provision of customized 

and non-customized R&D services; and, 

transaction code 29.2, other R&D 

services, including testing) and to other 

selected services (transaction code 42). 

This proposed deletion is consistent 

with modifications implemented on the 

BE–125 quarterly survey beginning with 

reporting for the first quarter of 2022. 

(2) Questions on ‘‘Contract 

manufacturing services’’ would be 

eliminated. On the 2017 BE–120 survey, 

in addition to collecting contract 

manufacturing services as a stand-alone 

transaction category in Table 1 and on 

the mandatory schedules, BEA 

incorporated additional questions 

related to contract manufacturing that 

gathered details regarding the material 

inputs, as well as the output product of 

the contract manufacturing services 

activity, for both sales and purchases 

activities. As a result of very limited and 

poor reporting of detail in these 

questions during the 2017 survey, BEA 

found little use for the information 

gathered and therefore proposes to 

eliminate collection of these details for 

the 2022 survey. Data will continue to 

be collected for contract manufacturing 

sales and purchases in transaction 

category 35. 

BEA proposes to redesign the format 

and wording of the survey. The new 

survey design would incorporate 

improvements that have been made to 

other BEA surveys. BE–120 benchmark 

survey instructions and data item 

descriptions would be changed to 

improve clarity and ensure that the 

survey form is consistent with other 

BEA surveys. 


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This proposed rule would amend 15 

CFR part 801 by modifying §§ 801.3 and 

801.11 through 801.13 and removing 

§ 801.9 to clarify the timing of the three 

international services benchmark 

surveys: the BE–120 Benchmark Survey 

of Transactions in Selected Services and 

Intellectual Property with Foreign 

Persons, the BE–140 Benchmark Survey 

of Insurance Transactions by U.S. 

Insurance Companies with Foreign 

Persons, and the BE–180 Benchmark 

Survey of Financial Services 

Transactions between U.S. Financial 

Services Providers and Foreign Persons. 

The next BE–120 survey will apply to 

the 2022 fiscal reporting year, and will 

be conducted once every five years 

thereafter, for reporting years ending in 

2 and 7. Additionally, the next BE–140 

survey and BE–180 survey will be 

collected for the 2023 and 2024 

reporting years, respectively, and will 

continue to be conducted every five 

years thereafter. The BE–140 will be 

collected for reporting years ending in 3 

and 8, and the BE–140 will be collected 

for reporting years ending in 4 and 9. 

See the most recent versions of the BE– 

120, BE–140, and BE–180 benchmark 

surveys at www.bea.gov for a more 

detailed description of covered 

transactions and definitions. 

Each time a benchmark survey is to be 

conducted, BEA will describe any 

proposed changes to the information 

collected through the survey (including 

the addition, deletion, and/or 

modification of existing questions and 

definitions) in a public notice and will 

solicit comments as part of the 

requirements of the Paperwork 

Reduction Act (PRA). Any changes to 

reporting requirements or significant 

expansions in scope of the surveys 

would be conducted by rulemaking. 

Executive Order 12866 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

Executive Order 13132 

This proposed rule does not contain 

policies with federalism implications 

sufficient to warrant preparation of a 

Federalism assessment under Executive 

Order 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 of 1995, 44 U.S.C. 3501–3520 (PRA). 

The proposed requirement will be 

submitted to OMB for approval as a 

reinstatement, with change, of a 

previously approved collection under 

OMB control number 0608–0058, for 

which approval has expired. Surveys 

were collected for the 2017 BE–120 in 

calendar years 2018 and 2019. No 

survey submissions were solicited by 

BEA after the expiration and 

discontinuance of the collection in June 

of 2021. 

The BE–120 survey, as proposed, is 

expected to result in the filing of reports 

from approximately 15,000 respondents. 

Approximately 11,000 respondents 

would complete the survey, and 

approximately 4,000 would file 

exemption claims. The respondent 

burden for this collection of information 

would vary from one respondent to 

another, but is estimated to average (1) 

24 hours for the 5,000 respondents that 

report data by transaction type, country, 

and affiliation; (2) 4 hours for the 6,000 

respondents that report data by 

transaction type only; and (3) 1 hour for 

the 4,000 that file an exemption claim. 

These burden-hour estimates consider 

time for reviewing 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 this survey 

is estimated at 148,000 hours, or 

approximately 10 hours per response 

(148,000 hours/15,000 respondents), 

compared to 145,000 hours, or about 9.5 

hours per response (145,000 hours/ 

15,500 respondents) for the 2017 BE– 

120 benchmark survey. The increase in 

burden hours is due to estimated 

changes in the expected quantity of 

survey responses, the composition of 

the respondent universe (those filing 

full schedule detail vs. totals by 

transaction type only) from 2017 to 

2022, as well as modifications to the 

content of the survey for those filing 

schedule detail. 

As part of its continuing effort to 

reduce paperwork and respondent 

burden, the Department of Commerce 

invites the general public and other 

Federal agencies to comment on 

proposed and/or continuing information 

collections, as required by the PRA. 

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. 

Notwithstanding any other provisions of 

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 PRA unless that 

collection displays a currently valid 

OMB control number. 

Regulatory Flexibility Act 

The Chief Counsel for 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 changes proposed in this 

rule are discussed in the preamble and 

are not repeated here. 

A BE–120 report would be required of 

any U.S. company that had services 

transactions with foreign persons in any 

of the covered types of selected services 

and/or intellectual property. While BEA 

does not have information on the size of 

the respondents to the survey, 

historically the respondents to the 

existing quarterly survey of transactions 

in selected services and intellectual 

property and to the previous benchmark 

surveys were mostly major U.S. 

corporations. For U.S. companies that 

had combined sales exceeding $2 

million, and/or combined purchases 

transactions exceeding $1 million in the 

transaction categories covered by the 

survey for the fiscal year, a completed 

benchmark survey would include data 

on each of the covered types of services 

and/or intellectual property transactions 

with totals disaggregated by country and 

by relationship to the foreign transactor 

(foreign affiliate, foreign parent group, 

or unaffiliated). For U.S. companies that 

had combined sales of $2 million or less 

and combined purchases transactions of 

$1 million or less in the transaction 

categories covered by the survey for the 

fiscal year, a completed benchmark 

would include totals for each type of 

transaction in which they engaged. This 

abbreviated benchmark requirement 

would exclude most small businesses 

from mandatory reporting of detail by 

country and by affiliation. Any small 

businesses that would be required to 

report would likely have engaged in a 

small number of covered transactions 

and would be less likely to report detail 


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by country and affiliation, and, 

therefore, would be expected to have 

below the average burden of 10 hours 

per response. Therefore, this proposed 

rule would not have a significant 

economic impact on a substantial 

number of small entities, and thus an 

Initial Regulatory Flexibility Analysis is 

not required, and none has been 

prepared. 

List of Subjects in 15 CFR Part 801 

Economic statistics, Foreign trade, 

International transactions, Penalties, 

Reporting and recordkeeping 

requirements. 

Dated: June 8, 2022. 

Paul W. Farello, 

Associate Director of International 

Economics, Bureau of Economic Analysis. 

For 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 AND SURVEYS OF DIRECT 

INVESTMENT 

■ 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; 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 § 801.3 by revising the 

introductory text to read as follows: 

§ 801.3 Reporting requirements. 

Except for surveys subject to 

rulemaking in §§ 801.7, 801.8, 801.10, 

801.11, 801.12, and 801.13, reporting 

requirements for all other surveys 

conducted by the Bureau of Economic 

Analysis shall be as follows: 

* * * * * 

§ 801.9 [Removed and Reserved] 

■ 3. Section 801.9 is removed and 

reserved. 

■ 4. Revise § 801.11 to read as follows: 

§ 801.11 Rules and regulations for the BE– 

120 Benchmark Survey of Transactions in 

Selected Services and Intellectual Property 

with Foreign Persons. 

The BE–120 Benchmark Survey of 

Transactions in Selected Services and 

Intellectual Property with Foreign 

Persons will be conducted once every 

five years and covers years ending in 2 

and 7. BEA will describe the proposed 

information collection in a public notice 

and will solicit comments according to 

the requirements of the Paperwork 

Reduction Act (44 U.S.C. 3501–3520). 

All legal authorities, provisions, 

definitions, and requirements contained 

in §§ 801.1 through 801.2 and §§ 801.4 

through 801.6 are applicable to this 

survey. Specific additional rules and 

regulations for the BE–120 survey are 

given in this section. More detailed 

instructions are given on the report form 

and in instructions accompanying the 

report form. 

(a) Response required. A response is 

required, every fifth year, from persons 

subject to the reporting requirements of 

the BE–120 Benchmark Survey of 

Transactions in Selected Services and 

Intellectual Property with Foreign 

Persons, contained in this section, 

whether or not they are contacted by 

BEA. Also, a person, or its agent, that is 

contacted by BEA about reporting on 

this survey, either by sending a report 

form or by written inquiry, must 

respond in writing pursuant to this 

section. This may be accomplished by: 

(1) Completing and returning the BE– 

120 by the due date of the survey; or 

(2) If exempt, by completing the 

determination of reporting status section 

of the BE–120 survey and returning it to 

BEA by the due date of the survey. 

(b) Who must report. A BE–120 report 

is required of each U.S. person that had 

transactions with foreign persons in the 

categories covered by the survey during 

the fiscal year covered by the survey. 

(c) What must be reported. (1) A U.S. 

person that had combined sales to 

foreign persons that exceeded $2 

million, and/or combined purchases 

from foreign persons that exceeded $1 

million in the services and intellectual 

property categories covered by the 

survey during its fiscal year, on an 

accrual basis, is required to provide data 

on total sales and/or purchases of each 

of the covered types of transactions and 

must disaggregate the totals by country 

and by relationship to the foreign 

transactor (foreign affiliate, foreign 

parent group, or unaffiliated). The $2 

million threshold for sales and the $1 

million threshold for purchases should 

be applied to the covered transactions 

categories with foreign persons by all 

parts of the consolidated domestic U.S. 

Reporter. Because the $2 million and $1 

million thresholds apply separately to 

sales and purchases, the mandatory 

reporting requirement may apply to 

sales only, to purchases only, or to both. 

The determination of whether a U.S. 

services provider is subject to this 

reporting requirement can be based on 

the judgment of knowledgeable persons 

in a company who can identify 

reportable transactions on a recall basis, 

with a reasonable degree of certainty, 

without conducting a detailed manual 

records search. 

(2) A U.S. person that had combined 

sales to foreign persons that were $2 

million or less, and combined purchases 

from foreign persons that were $1 

million or less in the transaction 

categories covered by the survey during 

its fiscal year, on an accrual basis, is 

required to provide the total sales and/ 

or purchases for each type of transaction 

in which they engaged. The $2 million 

threshold for sales and the $1 million 

threshold for purchases should be 

applied to the covered transactions 

categories with foreign persons by all 

parts of the consolidated domestic U.S. 

Reporter. Because the $2 million and $1 

million thresholds apply separately to 

sales and purchases, the mandatory 

reporting requirement may apply to 

sales only, to purchases only, or to both. 

(i) Voluntary reporting of 

transactions. If, during the reporter’s 

fiscal year, combined sales were $2 

million or less, and combined purchases 

were $1 million or less, on an accrual 

basis, the U.S. person may, in addition 

to providing the required total for each 

type of transaction, report sales at a 

country and affiliation level of detail on 

the applicable mandatory schedule(s). 

The estimates can be judgmental, that is, 

based on recall, without conducting a 

detailed records search. 

(ii) [Reserved] 

(3) Any U.S. person that receives the 

BE–120 survey form from BEA, but is 

not subject to the reporting 

requirements, must file an exemption 

claim by completing the determination 

of reporting status section of the BE–120 

survey and returning it to BEA by the 

due date 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. 

(d) Covered types of services and 

intellectual property. Services 

transactions covered by this survey 

consist of: Advertising and related 

services; architectural, engineering, 

scientific, and other technical services; 

computer services; construction; 

financial services (for reporters who are 

not a financial services providers); 

franchises and trademarks licensing 

fees; information services; legal, 

accounting, management consulting, 

and public relations services; licenses 

for the use of outcomes of research and 

development; licenses to reproduce 

and/or distribute computer software; 

licenses to reproduce and/or distribute 

audiovisual products; maintenance and 

repair services; manufacturing services; 

operating leasing services; other 

business services; personal, cultural, 

and recreational services; research and 

development services; primary 


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insurance premiums and losses (for 

reporters who are not a U.S. insurance 

company); space transport services; 

telecommunications services; traderelated services; and waste treatment 

and de-pollution, agricultural, and 

mining services. 

(e) Types of transactions excluded 

from the scope of this survey. (1) 

Financial services transactions 

conducted by a U.S. financial services 

provider, all insurance services 

conducted by a U.S. insurance 

company, and all travel and transport 

activities that are not space transport 

services. 

(2) Sales and purchases of goods. 

Trade in goods involves products that 

have a physical form, and includes 

payments or receipts for electricity. 

(3) Sales and purchases of financial 

instruments, including stocks, bonds, 

financial derivatives, loans, mutual fund 

shares, and negotiable CDs. (However, 

securities brokerage is a service.) 

(4) Income on financial instruments 

(interest, dividends, capital gain 

distributions, etc.). 

(5) Compensation paid to, or received 

by, employees. 

(6) Penalties and fines and gifts or 

grants in the form of goods and cash 

(sometimes called ‘‘transfers’’). 

(f) Due date. A fully completed and 

certified BE–120 report, or qualifying 

exemption claim with the determination 

of reporting status section completed, is 

due to be filed with BEA by July 31 of 

the year after the year covered by the 

survey. 

■ 5. Revise § 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. 

The BE–140 Benchmark Survey of 

Insurance Transactions by U.S. 

Insurance Companies with Foreign 

Persons will be conducted once every 

five calendar years and covers years 

ending in 3 and 8. BEA will describe the 

proposed information collection in a 

public notice and will solicit comments 

according to the requirements of the 

Paperwork Reduction Act (44 U.S.C. 

3501–3520). All legal authorities, 

provisions, definitions, and 

requirements contained in §§ 801.1 

through 801.2 and §§ 801.4 through 

801.6 are applicable to this survey. 

Specific additional rules and regulations 

for the BE–140 survey are given in this 

section. More detailed instructions are 

given on the report form and in 

instructions accompanying the report 

form. 

(a) Response required. A response is 

required from U.S. insurance companies 

subject to the reporting requirements of 

the BE–140 Benchmark Survey of 

Insurance Transactions by U.S. 

Insurance Companies with Foreign 

Persons, contained in this section, 

whether or not they are contacted by 

BEA. Also, a U.S. insurance company, 

or its agent, that is contacted by BEA 

about reporting on this survey, either by 

transmission of a report form or by 

written inquiry, must respond in writing 

pursuant to this section. This may be 

accomplished by: 

(1) Completing and returning the BE– 

140 by the due date of the survey; or 

(2) If exempt, by completing the 

determination of reporting status section 

of the BE–140 survey and returning it to 

BEA by the due date of the survey. 

(b) Who must report. A BE–140 report 

is required of each U.S. insurance 

company that had insurance 

transactions with foreign persons in the 

categories covered by the survey during 

the calendar year covered by the survey. 

(c) What must be reported. (1) A U.S. 

insurance company that had 

transactions with foreign persons that 

exceeded $2 million in the insurance 

categories covered by the survey during 

its calendar year, on an accrual basis, is 

required to provide data on the total 

transactions of each of the covered types 

of insurance transactions and must 

disaggregate the totals by country and 

by relationship to the foreign 

counterparty (foreign affiliate, foreign 

parent group, or unaffiliated). The $2 

million threshold should be applied to 

insurance services transactions with 

foreign persons by all parts of the 

consolidated domestic U.S. Reporter. 

The determination of whether a U.S. 

insurance company is subject to this 

reporting requirement may be based on 

the judgment of knowledgeable persons 

in a company who can identify 

reportable transactions on a recall basis, 

with a reasonable degree of certainty, 

without conducting a detailed manual 

records search. 

(2) A U.S. insurance company that 

had transactions with foreign persons 

that were $2 million or less in the 

insurance categories covered by the 

survey during its calendar year, on an 

accrual basis, is required to provide the 

total for each type of transaction in 

which they engaged. 

(i) Voluntary reporting of insurance 

transactions. If, during the calendar year 

covered by the survey, total transactions 

were $2 million or less in the insurance 

categories covered by the survey, on an 

accrual basis, the U.S. insurance 

company may, in addition to providing 

the required total for each type of 

transaction, voluntarily report 

transactions at a country and affiliation 

level of detail on the applicable 

mandatory schedule(s). 

(ii) [Reserved] 

(3) Any U.S. person that receives the 

BE–140 survey form from BEA but is not 

subject to the reporting requirements 

must file an exemption claim by 

completing the determination of 

reporting status section of the BE–140 

survey and returning it to BEA by the 

due date 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. 

(d) Covered types of insurance 

services. Insurance services covered by 

the BE–140 survey consist of 

transactions between U.S. insurance 

companies and foreign persons for 

premiums and losses on primary 

insurance, premiums on reinsurance 

assumed and ceded, losses on 

reinsurance assumed and ceded, as well 

as receipts and payments for auxiliary 

insurance services. 

(e) Types of transactions excluded 

from the scope of this survey. Premiums 

paid to, or losses received from, foreign 

insurance companies on direct 

insurance. 

(f) Due date. A fully completed and 

certified BE–140 report, or qualifying 

exemption claim with the determination 

of reporting status section completed, is 

due to be filed with BEA by July 31 of 

the year after the year covered by the 

survey. 

■ 6. Revise § 801.13 to read as follows: 

§ 801.13 Rules and regulations for the BE– 

180 Benchmark Survey of Financial 

Services Transactions between U.S. 

Financial Services Providers and Foreign 

Persons. 

The BE–180 Benchmark Survey of 

Financial Services Transactions 

between U.S. Financial Services 

Providers and Foreign Persons will be 

conducted every five years and covers 

fiscal years ending in 4 and 9. BEA will 

describe the proposed information 

collection in a public notice and will 

solicit comments according to the 

requirements of the Paperwork 

Reduction Act (44 U.S.C. 3501–3520). 

All legal authorities, provisions, 

definitions, and requirements contained 

in §§ 801.1 through 801.2 and §§ 801.4 

through 801.6 are applicable to this 

survey. Specific additional rules and 

regulations for the BE–180 survey are 

given in this section. More detailed 

instructions are given on the report form 

and in instructions accompanying the 

report form. 

(a) Response required. A response is 

required from persons subject to the 

reporting requirements of the BE–180 


jspears on DSK121TN23PROD with PROPOSALS1
36096 Federal Register / Vol. 87, No. 115 / Wednesday, June 15, 2022 / Proposed Rules 

Benchmark Survey of Financial Services 

Transactions between U.S. Financial 

Services Providers and Foreign Persons, 

contained in this section, whether or not 

they are contacted by BEA. Also, a 

person, or its agent, that is contacted by 

BEA about reporting on this survey, 

either by sending a report form or by 

written inquiry, must respond in writing 

pursuant to this section. This may be 

accomplished by: 

(1) Completing and returning the BE– 

180 by the due date of the survey; or 

(2) If exempt, completing the 

determination of reporting status section 

of the BE–180 survey and returning it to 

BEA by the due date of the survey. 

(b) Who must report. A BE–180 report 

is required of each U.S. person that is 

a financial services provider or 

intermediary, or whose consolidated 

U.S. enterprise includes a separately 

organized subsidiary, or part, that is a 

financial services provider or 

intermediary, and that had financial 

services transactions with foreign 

persons in the categories covered by the 

survey during the fiscal year covered by 

the survey. 

(c) BE–180 definition of financial 

services provider. The definition of 

financial services provider used for this 

survey is identical to the definition of 

the term as used in the North American 

Industry Classification System, United 

States, Sector 52—Finance and 

Insurance, and holding companies that 

own or influence, and are principally 

engaged in making management 

decisions for, these firms (part of Sector 

55—Management of Companies and 

Enterprises). For example, companies 

and/or subsidiaries and other separable 

parts of companies in the following 

industries are defined as financial 

services providers: Depository credit 

intermediation and related activities 

(including commercial banking, savings 

institutions, credit unions, and other 

depository credit intermediation); nondepository credit intermediation 

(including credit card issuing, sales 

financing, and other non-depository 

credit intermediation); activities related 

to credit intermediation (including 

mortgage and nonmortgage loan brokers, 

financial transactions processing, 

reserve, and clearinghouse activities, 

and other activities related to credit 

intermediation); securities and 

commodity contracts intermediation 

and brokerage (including investment 

banking and securities dealing, 

securities brokerage, commodity 

contracts and dealing, and commodity 

contracts brokerage); securities and 

commodity exchanges; other financial 

investment activities (including 

miscellaneous intermediation, portfolio 

management, investment advice, and all 

other financial investment activities); 

insurance carriers; insurance agencies, 

brokerages, and other insurance related 

activities; insurance and employee 

benefit funds (including pension funds, 

health and welfare funds, and other 

insurance funds); other investment 

pools and funds (including open-end 

investment funds, trusts, estates, and 

agency accounts, real estate investment 

trusts, and other financial vehicles); and 

holding companies that own, or 

influence the management decisions of, 

firms principally engaged in the 

aforementioned activities. 

(d) What must be reported. (1) A U.S. 

person that had combined sales to, or 

purchases from foreign persons that 

exceeded $3 million in the financial 

services categories covered by the 

survey during its fiscal year, on an 

accrual basis, is required to provide data 

on total sales and/or purchases of each 

of the covered types of financial services 

and must disaggregate the totals by 

country and by relationship to the 

foreign transactor (foreign affiliate, 

foreign parent group, or unaffiliated). 

The $3 million threshold for sales and 

purchases should be applied to financial 

services transactions with foreign 

persons by all parts of the consolidated 

domestic U.S. Reporter. Because the $3 

million threshold applies separately to 

sales and purchases, the mandatory 

reporting requirement may apply to 

sales only, to purchases only, or to both. 

The determination of whether a U.S. 

financial services provider is subject to 

this reporting requirement can be based 

on the judgment of knowledgeable 

persons in a company who can identify 

reportable transactions on a recall basis, 

with a reasonable degree of certainty, 

without conducting a detailed manual 

records search. 

(2) A U.S. person that had combined 

sales to, or purchases from foreign 

persons that were $3 million or less in 

the financial services categories covered 

by the survey during its fiscal year, on 

an accrual basis, is required to provide 

the total sales and/or purchases for each 

type of transaction in which they 

engaged. The $3 million threshold for 

sales and purchases should be applied 

to financial services transactions with 

foreign persons by all parts of the 

consolidated domestic U.S. Reporter. 

Because the $3 million threshold 

applies separately to sales and 

purchases, the mandatory reporting 

requirement may apply to sales only, to 

purchases only, or to both. 

(e) Voluntary reporting of financial 

services transactions. If, during the 

fiscal year, combined sales and 

purchases were $3 million or less, on an 

accrual basis, the U.S. person may, in 

addition to providing the required total 

for each type of transaction, report sales 

at a country and affiliation level of 

detail on the applicable mandatory 

schedule(s). The estimates can be 

judgmental, that is, based on recall, 

without conducting a detailed records 

search. 

(f) Exemption claims. Any U.S. person 

that receives the BE–180 survey form 

from BEA, but is not subject to the 

reporting requirements, must file an 

exemption claim by completing the 

determination of reporting status section 

of the BE–180 survey and returning it to 

BEA by the due date 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. 

(g) Covered types of financial services. 

Financial services covered by the BE– 

180 survey consist of transactions 

between U.S. financial services 

companies and foreign persons for 

brokerage, underwriting, financial 

management, credit-related, creditcards, financial advisory, financial 

custody, securities lending, electronic 

funds transfers, and other financial 

services. 

(h) Due date. A fully completed and 

certified BE–180 report, or qualifying 

exemption claim with the determination 

of reporting status section completed, is 

due to be filed with BEA by July 31 of 

the year after the year covered by the 

survey. 

[FR Doc. 2022–12796 Filed 6–14–22; 8:45 am] 

BILLING CODE 3510–06–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR –2022–0450, FRL–9927–01– 

R02] 

Approval and Promulgation of 

Implementation Plans; New York; Oil 

and Natural Gas Control Measures 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

State Implementation Plan (SIP) 

revision submitted by the state of New 

York. The revision provides the State’s 

control measures for facilities within its 

borders subject to EPA’s 2016 Control 

Techniques Guideline (CTG) for the oil 

and natural gas industry. The intended 

effect of this action is to approve this 


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