19282 Federal Register / Vol. 76, No. 67 / Thursday, April 7, 2011 / Proposed Rules 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

Accordingly, pursuant to the 

authority delegated to me, the Federal 

Aviation Administration proposes to 

amend 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

2. The incorporation by reference in 

14 CFR Part 71.1 of the Federal Aviation 

Administration Order 7400.9U, 

Airspace Designations and Reporting 

Points, dated August 18, 2010, and 

effective September 15, 2010 is 

amended as follows: 

Paragraph 5000 Class D airspace. 

* * * * * 

ANM MT D Bozeman, MT [Amended] 

Gallatin Field Airport 

(Lat. 45°46′39′′ N., long. 111°09′07′′ W.) 

That airspace extending upward from the 

surface to and including 7,000 feet MSL 

within a 4.4-mile radius of Gallatin Field 

Airport. This Class D airspace area is 

effective during the specific dates and times 

established in advance by a Notice to 

Airmen. The effective date and time will 

thereafter be continuously published in the 

Airport/Facility Directory. 

Paragraph 6002 Class E airspace designated 

as Surface Areas. 

* * * * * 

ANM MT E2 Bozeman, MT [Amended] 

Gallatin Field Airport 

(Lat. 45°46′39′′ N., long. 111°09′07′′ W.) 

Within a 4.4-mile radius of Gallatin Field 

Airport. This Class E airspace area is effective 

during the specific dates and times 

established in advance by a Notice to 

Airmen. The effective date and time will 

thereafter be continuously published in the 

Airport/Facility Directory. 

Paragraph 6004 Class E airspace designated 

as an extension to a Class D Surface Area. 

* * * * * 

ANM MT E4 Bozeman, MT [Modified] 

Gallatin Field Airport 

(Lat. 45°46′39′′ N., long. 111°09′07′′ W.) 

That airspace extending upward from the 

surface within 3 miles each side of the 316° 

bearing of Gallatin Field Airport extending 

from the 4.4-mile radius of the airport to 15.5 

miles northwest of the airport, and that 

airspace 2.4 miles each side of the 212° 

bearing of the Gallatin Field Airport 

extending from the 4.4-mile radius of the 

airport to 7 miles southwest of the airport. 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

ANM MT E5 Bozeman, MT [Amended] 

Gallatin Field Airport 

(Lat. 45°46′39′′ N., long. 111°09′07′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 13.5-mile 

radius of Gallatin Field Airport, and within 

4.8 miles northeast and 13 miles southwest 

of the 316° bearing of the airport extending 

from the 13.5-mile radius to 24.4 miles 

northwest of Gallatin Field Airport. 

Issued in Seattle, Washington, on March 

28, 2011. 

John Warner, 

Manager, Operations Support Group, Western 

Service Center. 

[FR Doc. 2011–8311 Filed 4–6–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Economic Analysis 

15 CFR Part 806 

[Docket No. 110321207–1206–01 0691–AA78 

Direct Investment Surveys: Alignment 

of Regulations With Current Practices 

AGENCY: Bureau of Economic Analysis, 

Commerce. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Bureau of Economic 

Analysis (BEA) proposes to amend its 

regulations related to direct investment 

surveys. Specifically, BEA proposes to 

eliminate reporting requirements for 

several direct investment surveys that 

are no longer necessary because the 

information is collected on other 

surveys of direct investment conducted 

by BEA. The surveys that would be 

eliminated from the regulations are: a 

survey of foreign direct investment in 

the U.S. seafood industry (BE–21), two 

schedules of expenditures for property, 

plant, and equipment of U.S. direct 

investment abroad (BE–133B and BE– 

133C), and two industry classification 

questionnaires (BE–507 and BE–607). In 

addition, BEA proposes to eliminate the 

reporting requirements for two surveys 

of new foreign direct investment in the 

United States (BE–13 and BE–14). BEA 

suspended collection of these surveys in 

2009 in order to align its international 

survey program with available 

resources. BEA also proposes other 

minor revisions to its regulations to 

eliminate outdated information. 

DATES: Comments on this proposed rule 

will receive consideration if submitted 

in writing on or before June 6, 2011. 

ADDRESSES: You may submit comments, 

identified by RIN 0691–AA78, 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: David.Galler@bea.gov. 

• Fax: Office of the Chief, Direct 

Investment Division, (202) 606–5318. 

• Mail: Office of the Chief, Direct 

Investment Division, U.S. Department of 

Commerce, Bureau of Economic 

Analysis, BE–50, Washington, DC 

20230. 

• Hand Delivery/Courier: Office of the 

Chief, Direct Investment Division, U.S. 

Department of Commerce, Bureau of 

Economic Analysis, BE–50, Shipping 

and Receiving, Section M100, 1441 L 

Street, NW., Washington, DC 20005. 

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 above, and 

to the Office of Management and 

Budget, O.I.R.A., Paperwork Reduction 

Project 0608–0024, 0608–0030, 0608– 

0032, 0608–0035, and 0608–0050, 

Attention PRA Desk Officer for BEA, via 

e-mail at pbugg@omb.eop.gov, or by 

FAX at (202) 395–7245. 

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: 

David H. Galler, Chief, Direct 

Investment Division (BE–50), Bureau of 

Economic Analysis, U.S. Department of 

Commerce, Washington, DC 20230; 

phone (202) 606–9835. 

SUPPLEMENTARY INFORMATION: This 

proposed rule would amend 15 CFR 

part 806 by revising Sections 806.14, 

806.15, and 806.18 to remove the 

reporting requirements for several direct 

investment surveys. The surveys are: 

BE–13, Initial Report on a Foreign 

Person’s Direct or Indirect 

Acquisition, Establishment, or 

Purchase of the Operating Assets, of a 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 76, No. 67 / Thursday, April 7, 2011 / Proposed Rules 19283 

U.S. Business Enterprise, Including 

Real Estate 

BE–14, Report by a U.S. Person Who 

Assists or Intervenes in the 

Acquisition of a U.S. Business 

Enterprise by, or Who Enters into a 

Joint Venture With, a Foreign Person 

BE–21, Survey of Foreign Direct 

Investment in U.S. Business 

Enterprises Engaged in the Processing, 

Packaging, or Wholesale Distribution 

of Fish or Seafoods 

BE–133B, Follow-up Schedule of 

Expenditures for Property, Plant, and 

Equipment of U.S. Direct Investment 

Abroad 

BE–133C, Schedule of Expenditures for 

Property, Plant, and Equipment of 

U.S. Direct Investment Abroad 

BE–507, Industry Classification 

Questionnaire 

BE–607, Industry Classification 

Questionnaire 

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 the 

cancellation of the reporting 

requirements for these surveys, 

consistent with the Paperwork 

Reduction Act of 1995. 

BEA is proposing to remove the 

reporting requirements for the BE–13 

and the BE–14 surveys which were 

suspended in 2009 in order to align its 

international survey program with 

available resources. The surveys had 

been used to collect identification 

information on the U.S. business being 

established or acquired and on the new 

foreign owner, information on the cost 

of the investment and source of funding, 

and limited financial and operating data 

for the newly established or acquired 

entity. The data had been used to 

measure the amount of new foreign 

direct investment in the United States 

and assess its impact on the U.S. 

economy. BEA continues to identify 

newly acquired or established U.S. 

affiliates of foreign investors and bring 

them into its international survey 

program through the BE–12, BE–15, and 

BE–605 surveys, which are the 

benchmark, annual, and quarterly 

surveys of foreign direct investment in 

the United States, respectively, but they 

are not separately identified in BEA’s 

published statistics. 

BEA is proposing to eliminate the 

regulations for the BE–21, BE–133B, 

BE–133C, BE–507, and BE–607 surveys 

since they have not been conducted in 

many years and are no longer necessary 

because the information is collected on 

other surveys of direct investment 

conducted by BEA. 

In addition, BEA proposes other 

minor revisions to its regulations to 

eliminate outdated information. These 

revisions eliminate references to 

outdated information regarding BE–10 

survey forms and inactive OMB control 

numbers. 

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 as 

that term is defined in E.O. 13132. 

Paperwork Reduction Act 

The Office of Management and Budget 

(OMB) approvals under the Paperwork 

Reduction Act for the seven surveys that 

BEA is proposing to eliminate have 

expired. The information collection 

approval for the BE–13 and BE–14 

(under OMB control number 0608– 

0035) expired on August 31, 2009; the 

BE–21 approval (OMB control number 

0608–0050) expired September 30, 

1983; the BE–133B and BE–133C (OMB 

control number 0608–0024) expired 

December 31, 1994; the BE–507 

approval (OMB control number 0608– 

0032) expired April 30, 1997; and the 

BE–607 approval (OMB control number 

0608–0030) expired on May 31, 1991. 

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. Entities that have foreign 

affiliates, that are at least ten percent 

foreign-owned, or that assisted or 

intervened in the acquisition of a U.S. 

business enterprise by a foreign person 

would have been subject to the 

reporting requirements that are 

proposed to be eliminated in this 

rulemaking. However, BEA does not 

currently collect data that enables BEA 

to determine how many of these entities 

would be considered ‘‘small’’ under the 

Small Business Administration’s size 

standards. Although BEA does not know 

the number of small entities that would 

have been subject to the reporting 

requirements being eliminated by this 

rulemaking, BEA has determined that 

this action would not have a significant 

economic impact as this rule proposes 

to merely remove references to the 

surveys that are no longer in use. The 

collection of the BE–13 and BE–14 

surveys was suspended in 2009, and the 

BE–21, BE–133B, BE–133C, BE–507, 

and BE–607 surveys have not been 

conducted in many years. In addition, 

the information collection approvals for 

these surveys have expired and are no 

longer part of the inventory of active 

collections of information maintained 

by the Office of Management and 

Budget. Because there would be no 

impact to small entities as a result of 

this change to the regulations, the Chief 

Counsel certified that this proposed 

rulemaking, if adopted, will not have a 

significant economic impact on a 

substantial number of small entities. 

List of Subjects in 15 CFR Part 806 

Economic statistics, Foreign 

investment in the United States, 

International transactions, Penalties, 

Reporting and recordkeeping 

requirements. 

Dated: March 16, 2011. 

J. Steven Landefeld, 

Director, Bureau of Economic Analysis. 

For reasons set forth in the preamble, 

BEA proposes to amend 15 CFR part 806 

as follows: 

PART 806—DIRECT INVESTMENT 

SURVEYS 

1. The authority citation for 15 CFR 

part 806 continues to read as follows: 

Authority: 5 U.S.C. 301; 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 § 806.14 to revise 

paragraphs (d), (f) and (g) to read as 

follows: 

§ 806.14 U.S. direct investment abroad. 

* * * * * 

(d) Exemption levels. Exemption 

levels for individual report forms will 

normally be stated in terms of total 

assets, net sales or gross operating 

revenues excluding sales taxes, and net 

income after income taxes, whether 

positive or negative, although different 

or special criteria may be specified for 

a given report form. If any one of the 

three items exceeds the exemption level 

and if the statistical data requested in 

the report are applicable to the entity 

being reported, then a report must be 

filed. Since these items may not have to 

be reported on a given form, a U.S. 

Reporter claiming exemption from filing 

a given form must furnish a certification 

as to the levels of the items on which 

the exemption is based or must certify 

that the data requested are not 


srobinson on DSKHWCL6B1PROD with PROPOSALS
19284 Federal Register / Vol. 76, No. 67 / Thursday, April 7, 2011 / Proposed Rules 

applicable. The exemption-level tests 

shall be applied as outlined below. 

(1) For quarterly report forms, as to 

the assets test reports are required 

beginning with the quarter in which 

total assets exceed the exemption level; 

as to the test for sales (revenues) and net 

income after income taxes, reports are 

required for each quarter of a year in 

which the annual amount of these items 

exceeds or can be expected to exceed, 

the exemption level. Quarterly reports 

for a year may be required retroactively 

when it is determined that the 

exemption level has been exceeded. 

(2) For report forms requesting annual 

data after the close of the year in 

question, the test shall be whether any 

one of the three items exceeded the 

exemption level during that year. 

If total assets, sales or net income 

exceed the exemption level in a given 

year, it is deemed that the exemption 

level will also be exceeded in the 

following year. 

The number and title of each report 

form, its exemption level, and other 

reporting criteria, if any, pertaining to it, 

are given below. 

* * * * * 

(f) Annual report forms. (1) 

[Reserved.] 

(2) [Reserved.] 

(3) BE–11—Annual Survey of U.S. 

Direct Investment Abroad: A report, 

consisting of Form BE–11A and Form(s) 

BE–11B, BE–11C, BE–11D and/or BE– 

11E, is required of each U.S. Reporter 

that, at the end of the Reporter’s fiscal 

year, had a foreign affiliate reportable on 

Form BE–11B, BE–11C, BE–11D or BE– 

11E. Forms required and the criteria for 

reporting on each are as follows: 

(i) Form BE–11A (Report for U.S. 

Reporter) must be filed by each U.S. 

person having a foreign affiliate 

reportable on Form BE–11B, BE–11C, 

BE–11D or BE–11E. If the U.S. Reporter 

is a corporation, Form BE–11A is 

required to cover the fully consolidated 

U.S. domestic business enterprise. 

(A) If for a U.S. Reporter any one of 

the following three items—total assets, 

sales or gross operating revenues 

excluding sales taxes, or net income 

after provision for U.S. income taxes— 

was greater than $300 million (positive 

or negative) at the end of, or for, the 

Reporter’s fiscal year, the U.S. Reporter 

must file a complete Form BE–11A. It 

must also file a Form BE–11B, BE–11C, 

BE–11D or BE–11E, as applicable, for 

each nonexempt foreign affiliate. 

(B) If for a U.S. Reporter no one of the 

three items listed in paragraph 

(f)(3)(i)(A) of this section was greater 

than $300 million (positive or negative) 

at the end of, or for, the Reporter’s fiscal 

year, the U.S. Reporter is required to file 

on Form BE–11A only items 1 through 

26 and Part IV. It must also file a Form 

BE–11B, BE–11C, BE–11D, or BE–11E as 

applicable, for each nonexempt foreign 

affiliate. 

(ii) Forms BE–11B, BE–11C, BE–11D, 

and BE–11E (Report for Foreign 

Affiliate). 

(A) Form BE–11B must be reported for 

each majority-owned foreign affiliate, 

whether held directly or indirectly, for 

which any one of the following three 

items—total assets, sales or gross 

operating revenues excluding sales 

taxes, or net income after provision for 

foreign income taxes—was greater than 

$60 million (positive or negative) at the 

end of, or for, the affiliate’s fiscal year, 

unless the foreign affiliate is selected to 

be reported on Form BE–11E. 

(B) Form BE–11C must be reported for 

each minority-owned foreign affiliate, 

whether held directly or indirectly, for 

which any one of the three items listed 

in paragraph (f)(3)(ii)(A) of this section 

was greater than $60 million (positive or 

negative) at the end of, or for, the 

affiliate’s fiscal year. 

(C) Form BE–11D must be reported for 

each majority- and minority-owned 

foreign affiliate, whether held directly 

or indirectly, established or acquired 

during the year for which any one of the 

three items listed in paragraph 

(f)(3)(ii)(A) of this section was greater 

than $25 million (positive or negative), 

but for which no one of these items was 

greater than $60 million (positive or 

negative), at the end of, or for, the 

affiliate’s fiscal year. Form BE–11D is a 

schedule; a U.S. Reporter would submit 

one or more pages of the form 

depending on the number of affiliates 

that are required to be filed on this form. 

(D) Form BE–11E must be reported for 

each foreign affiliate that is selected by 

BEA to be reported on this form in lieu 

of Form BE–11B. BEA statistically 

divides into panels, affiliates for which 

any one of the three items listed in 

paragraph (f)(3)(ii)(A) of this section was 

greater than $60 million (positive or 

negative), but for which no one of these 

items was greater than $300 million 

(positive or negative), at the end of, or 

for, the affiliate’s fiscal year. At the 

direction of BEA, U.S. Reporters would 

alternate reporting these affiliates on 

Form BE–11B and Form BE–11E. 

(iii) Based on the preceding, an 

affiliate is exempt from being reported 

if none of the three items listed in 

paragraph (f)(3)(ii)(A) of this section 

exceeds $60 million (positive or 

negative). However, affiliates that were 

established or acquired during the year 

and for which at least one of the items 

was greater than $25 million but not 

over $60 million must be listed, and key 

items reported, on schedule-type Form 

BE–11D. 

(iv) Notwithstanding paragraph 

(f)(3)(iii) of this section, a Form BE–11B, 

BE–11C, or BE–11E must be filed for a 

foreign affiliate of the U.S. Reporter that 

owns another non-exempt foreign 

affiliate of that U.S. Reporter, even if the 

foreign affiliate parent is otherwise 

exempt. That is, all affiliates upward in 

the chain of ownership must be 

reported. 

* * * * * 

(g) Other report forms. (1) [Reserved.] 

(2) BE–10–Benchmark Survey of U.S. 

Direct Investment Abroad: Section 4(b) 

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

a comprehensive benchmark survey of 

U.S. direct investment abroad will be 

conducted in 1982, 1989, and every fifth 

year thereafter. Exemption levels, 

specific requirements for, and the year 

of coverage of, a given BE–10 survey 

may be found in § 806.16. 

* * * * * 

3. Section 806.15(j) is revised to read 

as follows: 

§ 806.15 Foreign direct investment in the 

United States. 

* * * * * 

(j) Other report forms. (1) [Reserved.] 

(2) BE–12—Benchmark Survey of 

Foreign Direct Investment in the United 

States: Section 4b of the Act (22 U.S.C. 

3103) provides that a comprehensive 

benchmark survey of foreign direct 

investment in the United States shall be 

conducted in 1980, 1987, and every fifth 

year thereafter. The survey is referred to 

as the ‘‘BE–12.’’ Exemption levels, 

specific requirements for, and the year 

of coverage of, a given BE–12 Survey 

may be found in § 806.17. 

* * * * * 

4. Section 806.18(b) is revised to read 

as follows: 

§ 806.18 OMB control numbers assigned 

to the Paperwork Reduction Act. 

* * * * * 

(b) Display. 

15 CFR section where 

identified and described 

Current OMB 

Control No. 

806.1 through 806.17 ............. 0608–0004 

0009 

0034 

0042 

0049 

0053 

* * * * * 

[FR Doc. 2011–7769 Filed 4–6–11; 8:45 am] 

BILLING CODE 3510–06–P 


srobinson on DSKHWCL6B1PROD with PROPOSALS