83_FR_26764 83 FR 26653 - Annual Business Survey

83 FR 26653 - Annual Business Survey

DEPARTMENT OF COMMERCE
Bureau of the Census

Federal Register Volume 83, Issue 111 (June 8, 2018)

Page Range26653-26654
FR Document2018-12356

Notice is hereby given that the Bureau of the Census (Census Bureau) has determined that it is conducting the Annual Business Survey (ABS) of domestic nonfarm employer businesses in 2018. We have determined that data to be collected in this survey are needed to aid the efficient performance of essential governmental functions and have significant application to the needs of the public and industry. The ABS will provide the only comprehensive federal data on owner demographics and business characteristics, including financing research and development (for microbusinesses), and innovation. The data derived from this survey are not publicly available from nongovernmental or other governmental sources.

Federal Register, Volume 83 Issue 111 (Friday, June 8, 2018) 
[Federal Register Volume 83, Number 111 (Friday, June 8, 2018)]
[Notices]
[Pages 26653-26654]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12356]


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DEPARTMENT OF COMMERCE

Bureau of the Census

[Docket Number 180402335-8335-01]


Annual Business Survey

AGENCY: Bureau of the Census, Department of Commerce.

ACTION: Notice of determination.

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SUMMARY: Notice is hereby given that the Bureau of the Census (Census 
Bureau) has determined that it is conducting the Annual Business Survey 
(ABS) of domestic nonfarm employer businesses in 2018. We have 
determined that data to be collected in this survey are needed to aid 
the efficient performance of essential governmental functions and have 
significant application to the needs of the public and industry. The 
ABS will provide the only comprehensive federal data on owner 
demographics and business characteristics, including financing research 
and development (for microbusinesses), and innovation. The data derived 
from this survey are not publicly available from nongovernmental or 
other governmental sources.

ADDRESSES: The Census Bureau will make the reporting instructions 
available to the organizations included in the survey. Additional 
copies are available upon written request to the Director, 4600 Silver 
Hill Road, U.S. Census Bureau, Washington, DC 20233-0101.

FOR FURTHER INFORMATION CONTACT: Nick Orsini, Assistant Director for 
Economic Programs, U.S. Census Bureau, 5H160, Washington, DC 20233, 
Telephone: 301-763-2558; Email: [email protected].

SUPPLEMENTARY INFORMATION: In an effort to improve the measurement of 
business dynamics in the United States, the Census Bureau, with support 
from the National Science Foundation (NSF), plans to conduct the Annual 
Business Survey (ABS). The ABS is a new survey designed to combine 
Census Bureau firm-level survey collections to reduce respondent burden 
and simultaneously increase data quality and operational efficiencies. 
The ABS replaces the following collections: The five-year Survey of 
Business Owners (SBO) (Office of Management and Budget (OMB) control 
number 0607-0943) for employer businesses; the Annual Survey of 
Entrepreneurs (ASE) (OMB control number 0607-0986); and the Business 
Research and Development and Innovation for Microbusinesses (BRDI-M) 
form, a component of the Business Research and Development and 
Innovation Survey, BRDI-S (OMB control number 0607-0912). The ABS also 
replaces the innovation questions, formerly asked in the BRDI-S.
    ABS estimates will include the number of employer firms and their 
sales/receipts, annual payroll, and employment by gender, ethnicity, 
race, and veteran status as well as research and development and 
innovation and various other relevant topics. The ABS will be conducted 
jointly by the Census Bureau and the National Center for Science and 
Engineering Statistics within the NSF. It is planned for five reference 
years (2017-2021). Title 13, United States Code (U.S.C.), Sections 
8(b), 131, and 182, Title 42, U.S.C, Sections 1861-1875 (National 
Science Foundation Act of 1950, as amended), and Section 505 of the 
America COMPETES Reauthorization Act of 2010 (42 U.S.C. 1862p) 
authorize this collection. Sections 224 and 225 of Title 13, U.S.C., 
require responses from sampled firms.
    The ABS covers all domestic nonfarm employer businesses filing 
Internal Revenue Service tax forms as individual proprietorships, 
partnerships, or any type of corporation, and with receipts of $1,000 
or more. The ABS will sample approximately 850,000 employer businesses 
for the benchmark survey year 2017, with data collection taking place 
in 2018. Annually for survey years 2018 to 2021, the survey sample will 
be reduced to approximately 300,000 employer businesses to reduce the 
burden on the respondents. The Census Bureau will use administrative 
data to estimate the owner demographics such that each firm is placed 
into one of nine frames for sampling: American Indian, Asian, Black or 
African American, Hispanic, Non-Hispanic White Men, Native Hawaiian and 
Other Pacific Islander, Some Other Race, Publicly Owned Businesses, and 
Women Owned Businesses. The sample would be stratified by state, 
industry, and frame. The Census Bureau will select companies with 
certainty based on volume of sales, payroll, number of paid employees 
or industry classification. All certainty cases are sure to be selected 
and represent only themselves.
    The ABS will provide continuing and timely national statistical 
data for the period between economic censuses. The data collected will 
be within the general scope and nature of those inquiries covered in 
the economic census. The next economic census is being conducted 
currently for the reference year 2017. Government program officials, 
industry organization leaders, economic and social analysts, business 
entrepreneurs, and domestic and foreign researcher in academia, 
business, and government will use statistics from the new ABS. More 
details on expected uses of the statistics from the new ABS are found 
in the Notice of Consideration for the ABS published in the Federal 
Register on October 24, 2017 (82 FR 49175).

Public Comments

    The Census Bureau published a Notice of Consideration for the ABS 
in the Federal Register on October 24, 2017 (82 FR 49175). We received 
one comment. The commenter suggested that the Census Bureau take the 
following actions:
    (1) Determine the cost and benefits of the survey and consider 
whether the benefits outweigh the costs;
    (2) If the benefits outweigh the cost, consider how to minimize the 
cost imposed on the businesses participating in the survey;
    (3) If, after conducting the cost-benefit analysis and examining 
the means for minimizing the cost imposed on survey participants, the 
Census Bureau nevertheless wishes to proceed with the survey, publish a 
revised notice that includes a cost-benefit analysis and an explanation 
of steps taken to minimize the costs on businesses forced to 
participate in the survey; and
    (4) Eliminate the survey discrimination based on gender, ethnicity, 
race, and age.

Census Bureau Response to the Public Comment

    The Census Bureau agrees that costs and benefits should be analyzed 
and weighed, and has already carried out

[[Page 26654]]

this analysis, concluding that the value of information produced by the 
ABS outweighs the costs. The Census Bureau submitted a request to OMB 
on January 5, 2018, formally requesting approval of the ABS under the 
Paperwork Reduction Act (PRA). The request included information about 
the cost to administer the ABS and the cost imposed on respondents in 
terms of their time to respond. The request also documented the many 
uses of the data. The request demonstrated that the ABS has practical 
utility, i.e., that the value of information produced outweighs the 
cost. As noted in the Paperwork Reduction Act section below, OMB 
approved the ABS on March 7, 2018 (OMB control number 0607-1004).
    Furthermore, the ABS will provide data required by Executive Order 
11458 (March 5, 1969), ``Prescribing Arrangements for Developing and 
Coordinating a National Program For Minority Business Enterprise'' 
(http://www.presidency.ucsb.edu/ws/?pid=60475). Executive Order 11458 
prompted the Census Bureau to create the Survey of Minority Business 
Enterprises (SMOBE) and the Survey of Women Business Enterprises 
(SWOBE). The data previously collected in these two surveys was later 
collected in the SBO and the ASE, surveys that the ABS will now 
replace. Without the ABS, there will be no survey that complies with 
the executive order. The Minority Business Development Agency and Small 
Business Administration also rely on the Census Bureau to annually 
produce these data, including data on business ownership by gender, 
ethnicity, race, and veteran status as well as economic characteristics 
of businesses.
    The Census Bureau has designed the ABS survey to collect the 
required data while balancing the burden on businesses. The ABS is 
designed to combine Census Bureau firm-level collections to reduce 
respondent burden, increase data quality, reduce operational costs, and 
operate more efficiently.

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 (PRA) (44 U.S.C., Chapter 45) unless 
that collection of information displays a currently valid OMB control 
number. In accordance with the PRA, OMB approved the ABS under OMB 
control number 0607-1004 on March 7, 2018.
    Based upon the foregoing, I have directed that the current 
mandatory business surveys be conducted for the purpose of collecting 
these data.

    Dated: May 31, 2018.
Ron S. Jarmin,
Associate Director for Economic Programs, Performing the Non-Exclusive 
Functions and Duties of the Director, Bureau of the Census.
[FR Doc. 2018-12356 Filed 6-7-18; 8:45 am]
 BILLING CODE 3510-07-P

Federal Register / Vol. 83, No. 111 / Friday, June 8, 2018 / Notices 26653 (including hours and cost) of the 301–763–2558; Email: Nick.Orsini@ frames for sampling: American Indian, proposed collection of information; (c) census.gov. Asian, Black or African American, ways to enhance the quality, utility, and SUPPLEMENTARY INFORMATION: In an Hispanic, Non-Hispanic White Men, clarity of the information to be effort to improve the measurement of Native Hawaiian and Other Pacific collected; and (d) ways to minimize the business dynamics in the United States, Islander, Some Other Race, Publicly burden of the collection of information the Census Bureau, with support from Owned Businesses, and Women Owned on respondents, including through the the National Science Foundation (NSF), Businesses. The sample would be use of automated collection techniques plans to conduct the Annual Business stratified by state, industry, and frame. or other forms of information Survey (ABS). The ABS is a new survey The Census Bureau will select technology. designed to combine Census Bureau companies with certainty based on Comments submitted in response to firm-level survey collections to reduce volume of sales, payroll, number of paid this notice will be summarized and/or respondent burden and simultaneously employees or industry classification. All included in the request for OMB increase data quality and operational certainty cases are sure to be selected approval of this information collection; efficiencies. The ABS replaces the and represent only themselves. they also will become a matter of public following collections: The five-year The ABS will provide continuing and record. Survey of Business Owners (SBO) timely national statistical data for the (Office of Management and Budget period between economic censuses. The Sheleen Dumas, (OMB) control number 0607–0943) for data collected will be within the general Departmental Lead PRA Officer, Office of the scope and nature of those inquiries Chief Information Officer. employer businesses; the Annual Survey of Entrepreneurs (ASE) (OMB covered in the economic census. The [FR Doc. 2018–12365 Filed 6–7–18; 8:45 am] next economic census is being control number 0607–0986); and the BILLING CODE 3510–07–P Business Research and Development conducted currently for the reference and Innovation for Microbusinesses year 2017. Government program (BRDI–M) form, a component of the officials, industry organization leaders, DEPARTMENT OF COMMERCE economic and social analysts, business Business Research and Development Bureau of the Census and Innovation Survey, BRDI–S (OMB entrepreneurs, and domestic and foreign control number 0607–0912). The ABS researcher in academia, business, and also replaces the innovation questions, government will use statistics from the [Docket Number 180402335–8335–01] formerly asked in the BRDI–S. new ABS. More details on expected uses Annual Business Survey ABS estimates will include the of the statistics from the new ABS are number of employer firms and their found in the Notice of Consideration for AGENCY: Bureau of the Census, sales/receipts, annual payroll, and the ABS published in the Federal Department of Commerce. employment by gender, ethnicity, race, Register on October 24, 2017 (82 FR ACTION: Notice of determination. and veteran status as well as research 49175). and development and innovation and Public Comments SUMMARY: Notice is hereby given that various other relevant topics. The ABS the Bureau of the Census (Census The Census Bureau published a will be conducted jointly by the Census Bureau) has determined that it is Notice of Consideration for the ABS in Bureau and the National Center for conducting the Annual Business Survey the Federal Register on October 24, Science and Engineering Statistics (ABS) of domestic nonfarm employer 2017 (82 FR 49175). We received one within the NSF. It is planned for five businesses in 2018. We have determined comment. The commenter suggested reference years (2017–2021). Title 13, that data to be collected in this survey that the Census Bureau take the United States Code (U.S.C.), Sections are needed to aid the efficient following actions: 8(b), 131, and 182, Title 42, U.S.C, (1) Determine the cost and benefits of performance of essential governmental Sections 1861–1875 (National Science the survey and consider whether the functions and have significant Foundation Act of 1950, as amended), benefits outweigh the costs; application to the needs of the public and Section 505 of the America (2) If the benefits outweigh the cost, and industry. The ABS will provide the COMPETES Reauthorization Act of 2010 consider how to minimize the cost only comprehensive federal data on (42 U.S.C. 1862p) authorize this imposed on the businesses participating owner demographics and business collection. Sections 224 and 225 of Title in the survey; characteristics, including financing 13, U.S.C., require responses from (3) If, after conducting the cost-benefit research and development (for sampled firms. analysis and examining the means for microbusinesses), and innovation. The The ABS covers all domestic nonfarm data derived from this survey are not minimizing the cost imposed on survey employer businesses filing Internal participants, the Census Bureau publicly available from Revenue Service tax forms as individual nongovernmental or other governmental nevertheless wishes to proceed with the proprietorships, partnerships, or any survey, publish a revised notice that sources. type of corporation, and with receipts of includes a cost-benefit analysis and an ADDRESSES: The Census Bureau will $1,000 or more. The ABS will sample explanation of steps taken to minimize make the reporting instructions approximately 850,000 employer the costs on businesses forced to available to the organizations included businesses for the benchmark survey participate in the survey; and in the survey. Additional copies are year 2017, with data collection taking (4) Eliminate the survey available upon written request to the place in 2018. Annually for survey years discrimination based on gender, amozie on DSK3GDR082PROD with NOTICES1 Director, 4600 Silver Hill Road, U.S. 2018 to 2021, the survey sample will be ethnicity, race, and age. Census Bureau, Washington, DC 20233– reduced to approximately 300,000 0101. employer businesses to reduce the Census Bureau Response to the Public FOR FURTHER INFORMATION CONTACT: Nick burden on the respondents. The Census Comment Orsini, Assistant Director for Economic Bureau will use administrative data to The Census Bureau agrees that costs Programs, U.S. Census Bureau, 5H160, estimate the owner demographics such and benefits should be analyzed and Washington, DC 20233, Telephone: that each firm is placed into one of nine weighed, and has already carried out VerDate Sep<11>2014 16:53 Jun 07, 2018 Jkt 241001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\08JNN1.SGM 08JNN1

26654 Federal Register / Vol. 83, No. 111 / Friday, June 8, 2018 / Notices this analysis, concluding that the value Based upon the foregoing, I have SolarWorld Americas, Inc. (SolarWorld), of information produced by the ABS directed that the current mandatory the petitioner, filed a complaint with outweighs the costs. The Census Bureau business surveys be conducted for the the Court challenging, among other submitted a request to OMB on January purpose of collecting these data. things, Commerce’s determination that 5, 2018, formally requesting approval of Dated: May 31, 2018. South African import data under the ABS under the Paperwork Ron S. Jarmin, subheading 8548.10, of the United Reduction Act (PRA). The request States Harmonized Tariff Schedule Associate Director for Economic Programs, included information about the cost to (HTS), constituted the best available Performing the Non-Exclusive Functions and administer the ABS and the cost Duties of the Director, Bureau of the Census. information for valuing Changzhou imposed on respondents in terms of Trina Solar Energy Co., Ltd.’s (Trina) [FR Doc. 2018–12356 Filed 6–7–18; 8:45 am] their time to respond. The request also byproduct offset for scrapped solar BILLING CODE 3510–07–P documented the many uses of the data. modules.3 The request demonstrated that the ABS has practical utility, i.e., that the value In Jinko Solar I, the Court remanded DEPARTMENT OF COMMERCE Commerce’s use of South African of information produced outweighs the cost. As noted in the Paperwork import data under HTS subheading International Trade Administration 8548.10, to value Trina’s byproduct Reduction Act section below, OMB approved the ABS on March 7, 2018 [A–570–010] offset for scrapped solar modules when (OMB control number 0607–1004). calculating normal value. The Court Furthermore, the ABS will provide Crystalline Silicon Photovoltaic found that Commerce did not data required by Executive Order 11458 Products From the People’s Republic adequately explain how its decision was (March 5, 1969), ‘‘Prescribing of China: Notice of Court Decision Not reasonable in light of the record as a Arrangements for Developing and in Harmony With Final Determination whole.4 Further, the Court found that Coordinating a National Program For of the Less Than Fair Value two arguments made before the Court Minority Business Enterprise’’ (http:// Investigation constituted post hoc rationalizations www.presidency.ucsb.edu/ws/?pid= AGENCY: Enforcement and Compliance, and directed Commerce to make those 60475). Executive Order 11458 International Trade Administration, rationalizations explicit and identify prompted the Census Bureau to create Department of Commerce. supporting evidence for them, if either the Survey of Minority Business SUMMARY: On May 25, 2018, the United of the rationalizations informed Enterprises (SMOBE) and the Survey of States Court of International Trade (the Commerce’s decision to rely on HTS Women Business Enterprises (SWOBE). Court) entered final judgment sustaining subheading 8548.10 to value Trina’s The data previously collected in these the final results of the second remand byproduct offset for scrapped solar two surveys was later collected in the redetermination by the Department of modules.5 SBO and the ASE, surveys that the ABS Commerce (Commerce) pertaining to the On August 2, 2017, Commerce issued will now replace. Without the ABS, antidumping duty (AD) investigation of its First Remand Results, in which it there will be no survey that complies certain crystalline silicon photovoltaic determined that it would continue to with the executive order. The Minority products from the People’s Republic of value Trina’s byproduct offset for Business Development Agency and China (China). Commerce is notifying scrapped solar modules with South Small Business Administration also rely African import data under HTS 8548.10 the public that the final judgment in this on the Census Bureau to annually case is not in harmony with Commerce’s and explained its decision to do so.6 produce these data, including data on final determination in the AD The Court, in Jinko Solar II, held that business ownership by gender, investigation of certain crystalline Commerce’s determination remained ethnicity, race, and veteran status as silicon photovoltaic products from unsupported by substantial evidence well as economic characteristics of China. and that Commerce did not explain how businesses. The Census Bureau has designed the DATES: Applicable June 4, 2018. its selected surrogate value was a ABS survey to collect the required data representative surrogate value for the FOR FURTHER INFORMATION CONTACT: Eli while balancing the burden on scrapped modules.7 The Court directed Lovely, AD/CVD Operations, Office IV, businesses. The ABS is designed to Enforcement and Compliance— Commerce to reconsider or further combine Census Bureau firm-level International Trade Administration, explain its decision to use South collections to reduce respondent U.S. Department of Commerce, 1401 African import data under HTS burden, increase data quality, reduce Constitution Avenue NW, Washington, subheading 8548.10 to value the operational costs, and operate more DC 20230; telephone (202) 482–1593. byproduct offset for scrapped solar efficiently. SUPPLEMENTARY INFORMATION: Antidumping Duty Order; and Amended Final Paperwork Reduction Act Background Affirmative Countervailing Duty Determination and Countervailing Duty Order, 80 FR 8592 (February Notwithstanding any other provision Subsequent to the December 23, 2014, 18, 2015). of law, no person is required to respond publication of the Final Determination 3 See SolarWorld’s Complaint, No. 15–00086, ECF to, nor shall a person be subject to a in the AD investigation of certain No. 10 (CIT April 17, 2015). penalty for failure to comply with a crystalline silicon photovoltaic products 4 See Jinko Solar Co., Ltd. v. United States, 229 collection of information subject to the F. Supp. 3d 1333, 1353–1355 (CIT 2017) (Jinko from China,1 and the February 18, 2015 Solar I). requirements of the Paperwork publication of the AD order,2 amozie on DSK3GDR082PROD with NOTICES1 5 Id. at 1355. Reduction Act (PRA) (44 U.S.C., Chapter 6 See Final Results of Redetermination Pursuant 45) unless that collection of information 1 See Certain Crystalline Silicon Photovoltaic to Court Remand, Jinko Solar Co., Ltd. v. United displays a currently valid OMB control Products from the People’s Republic of China: Final States, Court No. 15–00080, Slip Op. 17–62 (Court number. In accordance with the PRA, Determination of Sales at Less than Fair Value, 79 of International Trade May 18, 2017) (August 2, FR 76970 (December 23, 2014) (Final 2017) (First Remand Results). OMB approved the ABS under OMB Determination). 7 See Jinko Solar Co., Ltd. v. United States, 279 control number 0607–1004 on March 7, 2 See Certain Crystalline Silicon Photovoltaic F. Supp. 3d 1253, 1261–1264 (CIT 2017) (Jinko 2018. Products from the People’s Republic of China: Solar II). VerDate Sep<11>2014 16:53 Jun 07, 2018 Jkt 241001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\08JNN1.SGM 08JNN1


Document Created: 2018-06-08 01:23:10
Document Modified: 2018-06-08 01:23:10
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of determination.
ContactNick Orsini, Assistant Director for Economic Programs, U.S. Census Bureau, 5H160, Washington, DC 20233, Telephone: 301-763-2558; Email: [email protected]
FR Citation83 FR 26653 
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