39260 Federal Register / Vol. 76, No. 129 / Wednesday, July 6, 2011 / Rules and Regulations 

Authority: 49 U.S.C. 106(g), 1155, 40103, 

40113, 40120, 44101, 44111, 44701, 44709, 

44711, 44712, 44715, 44716, 44717, 44722, 

46306, 46315, 46316, 46504, 46506–46507, 

47122, 47508, 47528–47531, articles 12 and 

29 of the Convention on International Civil 

Aviation (61 Stat.1180). 

■ 2. Amend § 91.417 by revising 

paragraph (a)(2)(vi) to read as follows: 

§ 91.417 Maintenance records. 

(a) * * * 

(2) * * * 

(vi) Copies of the forms prescribed by 

§ 43.9(d) of this chapter for each major 

alteration to the airframe and currently 

installed engines, rotors, propellers, and 

appliances. 

* * * * * 

Issued in Washington, DC, on June 29, 

2011. 

Dennis R. Pratte, 

Acting Director, Office of Rulemaking. 

[FR Doc. 2011–16863 Filed 7–5–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Economic Analysis 

15 CFR Part 806 

[Docket No. 110321207–1206–01] 

RIN 0691–AA78 

Direct Investment Surveys: Alignment 

of Regulations With Current Practices 

AGENCY: Bureau of Economic Analysis, 

Commerce. 

ACTION: Final rule. 

SUMMARY: This final rule amends 

regulations of the Bureau of Economic 

Analysis (BEA) related to direct 

investment surveys. Specifically, BEA is 

eliminating 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 are eliminated 

from the regulations are: A survey of 

foreign direct investment in the U.S. 

seafood industry, two schedules of 

expenditures for property, plant, and 

equipment of U.S. direct investment 

abroad, and two industry classification 

questionnaires. In addition, BEA is 

eliminating the reporting requirements 

for two surveys of new foreign direct 

investment in the United States. BEA 

suspended collection of these surveys in 

2009 in order to align its international 

survey program with available 

resources. BEA is also making other 

minor revisions to its regulations to 

eliminate outdated information. 

DATES: This final rule will be effective 

August 5, 2011. 

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; 

e-mail David.Galler@bea.gov or phone 

(202) 606–9835. 

SUPPLEMENTARY INFORMATION: On April 

7, 2011, BEA published a notice of 

proposed rulemaking to align its 

regulations for direct investment 

surveys with current practices. No 

comments on the proposed rule were 

received. Thus the proposed rule is 

adopted without change. This final rule 

amends 15 CFR Part 806 by revising 

§§ 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 

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 

BEA is removing 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 eliminating 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 is making 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 final rule has been determined to 

be not significant for purposes of E.O. 

12866. 

Executive Order 13132 

This final rule does not contain 

policies with Federalism implications 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 eliminating 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 final rule will not have a significant 

economic impact on a substantial 

number of small entities. The factual 

basis for the certification was published 

in the proposed rule and is not repeated 

here. No comments were received 

regarding the certification or the 

economic impact of the rule more 

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Federal Register / Vol. 76, No. 129 / Wednesday, July 6, 2011 / Rules and Regulations 39261 

generally. No final regulatory flexibility 

analysis was prepared. 

List of Subjects in 15 CFR Part 806 

Economic statistics, Foreign 

investment in the United States, 

International transactions, Penalties, 

Reporting and recordkeeping 

requirements. 

Dated: June 7, 2011. 

J. Steven Landefeld, 

Director, Bureau of Economic Analysis. 

For reasons set forth in the preamble, 

BEA amends 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. In § 806.14, paragraph (d)(3) is 

removed and paragraphs (f)(1), (f)(2), 

(g)(1) are removed and reserved. 

Paragraph (g)(2) is revised to read as 

follows: 

§ 806.14 U.S. direct investment abroad. 

* * * * * 

(g) * * * 

(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. 

* * * * * 

§ 806.15 [Amended] 

■ 3. In § 806.15, paragraph (j)(1) is 

removed and reserved and paragraphs 

(j)(3), (j)(4), and (j)(5) are removed. 

■ 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. 2011–16065 Filed 7–5–11; 8:45 am] 

BILLING CODE 3510–06–P 

TENNESSEE VALLEY AUTHORITY 

18 CFR Part 1301 

Tennessee Valley Authority 

Procedures 

AGENCY: Tennessee Valley Authority 

(TVA). 

ACTION: Final rule. 

SUMMARY: The Tennessee Valley 

Authority is amending its regulations 

which currently contain TVA’s 

procedures for the Freedom of 

Information Act (FOIA), the Privacy Act, 

and the Government in the Sunshine 

Act. TVA is adding procedures related 

to classified national security 

information. 

DATES: Effective Date: July 6, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Mark R. Winter, Senior Information 

Security Specialist, 1101 Market Street 

(MP 3C), Tennessee Valley Authority, 

Chattanooga, Tennessee 37402, (423) 

751–6004. E-mail: mrwinter@tva.gov. 

SUPPLEMENTARY INFORMATION: This rule 

was not published in proposed form 

since it relates to agency procedure and 

practice. TVA considers this rule to be 

a procedural rule which is exempt from 

notice and comment under 5 U.S.C. 

533(b)(3)(A). This rule is not a 

significant rule for purposes of 

Executive Order 12866 and has not been 

reviewed by the Office of Management 

and Budget. As required by the 

Regulatory Flexibility Act, TVA certifies 

that these regulatory amendments will 

not have a significant impact on small 

business entities. This rule does not 

impose any new reporting or recordkeeping requirements subject to the 

Paperwork Reduction Act, 44 U.S.C. 

Chapter 35, as amended. 

On December 29, 2009, Executive 

Order 13526, Classified National 

Security Information, was published in 

the Federal Register. This order 

prescribes a uniform system for 

classifying, safeguarding, and 

declassifying national security 

information. On June 28, 2010, the 

Information Security Oversight Office 

(ISOO) published its directive, 32 CFR 

Part 2001, Classified National Security 

Information, for implementing the 

Executive Order at 75 Federal Register 

37254. 

Since this rule is non-substantive, it is 

being made effective July 6, 2011. 

List of Subjects in 18 CFR Part 1301 

Freedom of information, Government 

in the sunshine, Privacy. 

For the reasons stated in the 

preamble, TVA amends 18 CFR part 

1301 by adding Subpart E, Protection of 

National Security Classified 

Information, as follows: 

PART 1301—PROCEDURES 

Subpart E—Protection of National Security 

Classified Information 

Sec. 

1301.61 Purpose and scope. 

1301.62 Definitions. 

1301.63 Senior agency official. 

1301.64 Original classification authority. 

1301.65 Derivative classification. 

1301.66 General declassification and 

downgrading policy. 

1301.67 Mandatory review for 

declassification. 

1301.68 Identification and marking. 

1301.69 Safeguarding classified 

information. 

Subpart E—Protection of National 

Security Classified Information 

§ 1301.61 Purpose and scope. 

(a) Purpose. These regulations, taken 

together with the Information Security 

Oversight Office’s implementing 

directive at 32 CFR Part 2001, Classified 

National Security Information, provide 

the basis for TVA’s security 

classification program implementing 

Executive Order 13526, ‘‘Classified 

National Security Information,’’ as 

amended (‘‘the Executive Order’’). 

(b) Scope. These regulations apply to 

TVA employees, contractors, and 

individuals who serve in advisory, 

consultant, or non-employee affiliate 

capacities who have been granted access 

to classified information. 

§ 1301.62 Definitions. 

The following definitions apply to 

this part: 

(a) ‘‘Original classification’’ is the 

initial determination that certain 

information requires protection against 

unauthorized disclosure in the interest 

of national security (i.e., national 

defense or foreign relations of the 

United States), together with a 

designation of the level of classification. 

(b) ‘‘Classified national security 

information’’ or ‘‘classified information’’ 

means information that has been 

determined pursuant to Executive Order 

13526 or any predecessor order to 

require protection against unauthorized 

disclosure and is marked to indicate its 

classified status when in documentary 

form. 

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