### 79054 Federal Register / Vol. 76, No. 245 / Wednesday, December 21, 2011 / Rules and Regulations

been disconnected, moved, or loosened, in accordance with paragraph (i) of this AD.

(i) Inspection Criteria

Inspect the fuel injector fuel lines and clamps between the fuel manifold and the fuel injector nozzles, and replace as necessary any fuel injector fuel line and clamp that does not meet all conditions specified in Lycoming Engines MSB No. 342F, dated June 4, 2010.

(j) Alternative Methods of Compliance (AMOCs)

The Manager, New York Aircraft Certification Office, FAA, has the authority to approve AMOCs for this AD if requested using the procedures found in 14 CFR 39.19. AMOCs approved previously in accordance with AD 2008–14–07, Amendment 39–15602, are approved as AMOCs for the corresponding requirements in paragraph (h)

of this AD.

(k) Related Information

(1) For more information about this AD, contact Norm Perenson, Aerospace Engineer, New York Aircraft Certification Office, FAA, Engine & Propeller Directorate, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (516) 228–7337; fax: (516) 794–5531;

email: Norman.perenson@faa.gov.

(2) FAA Special Airworthiness Information Bulletin No. NE–07–49, dated September 20, 2007, is not mandatory, but has additional information on this subject.

(l) Material Incorporated by Reference

(1) You must use Lycoming Engines Mandatory Service Bulletin No. 342F, dated June 4, 2010, to perform the actions required by this AD.

(2) The Director of the Federal Register approved the incorporation by reference of

this service bulletin in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

(3) Contact Lycoming Engines, 652 Oliver Street, Williamsport, PA 17701, or go to www.lycoming.textron.com for a copy of this service information. You may review copies at the FAA, New England Region, 12 New England Executive Park, Burlington, MA.

(4) You may also review copies of the service information that is incorporated by

reference at the National Archives and Records Administration (NARA). For information on the availability of this material at an NARA facility, call (202) 741–
6030, or go to http://www.archives.gov/ federal

_register/code

_of

_ federal

_regulations/

ibr

_locations.html.

Issued in Burlington, Massachusetts, on December 5, 2011.

Peter A. White,
Manager, Engine & Propeller Directorate, Aircraft Certification Service.

[FR Doc. 2011–32467 Filed 12–20–11; 8:45 am]

**BILLING CODE 4910–13–P DEPARTMENT OF COMMERCE** 

**Bureau of Industry and Security**

**15 CFR Part 774**

**The Commerce Control List**

CFR Correction

■ In Title 15 of the Code of Federal Regulations, Parts 300 to 799, revised as of January 1, 2011, on page 704, in Supplement No. 1 of Part 774, ECCN 1E001 is amended by removing the first entry in the table under Reasons for
control for NS Column 1 and adding an entry following the remaining NS Column 1 entry that reads ‘‘NS applies to ‘‘technology’’ for items controlled by
1A004.......NS Column 2’’.

[FR Doc. 2011–32747 Filed 12–20–11; 8:45 am]

**BILLING CODE 1505–01–D**

**DEPARTMENT OF COMMERCE**

**Bureau of Economic Analysis**

**15 CFR Part 806**

**[Docket No. 110822526–1715–02]**

**RIN 0691–AA80**

**Direct Investment Surveys: BE–12, Benchmark Survey of Foreign Direct** 
**Investment in the United States**

**AGENCY :**  Bureau of Economic Analysis,

Commerce.

**ACTION :**  Final rule.

**SUMMARY :**  This final rule amends regulations of the Department of
Commerce’s Bureau of Economic Analysis (BEA) to set forth the reporting requirements for the 2012 BE–12, Benchmark Survey of Foreign Direct
Investment in the United States. The BE–12 survey is conducted every five years; the prior survey covered 2007. The benchmark survey covers the universe of foreign direct investment in the United States, and is BEA’s most detailed survey of such investment. For the 2012 benchmark survey, BEA is changing reporting thresholds and data items collected, as well as changing the names and design of the survey forms. The changes are intended to align the data collection program for multinational companies with available resources and align the statistics on multinational companies with recent changes in financial accounting
standards and international statistical
standards.

**DATES :**  This final rule will be effective January 20, 2012. **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;
email David.Galler@bea.gov or phone (202) 606–9835.

**SUPPLEMENTARY INFORMATION :**  On September 21, 2011, BEA published a notice of proposed rulemaking that set forth revised reporting criteria for the BE–12, Benchmark Survey of Foreign
Direct Investment in the United States (76 FR 58420–58424). No comments on the proposed rule were received. Thus the proposed rule is adopted without change. This final rule amends 15 CFR 806.17 to set forth the reporting requirements for the BE–12, Benchmark Survey of Foreign Direct Investment in
the United States.

The BEA conducts the BE–12 survey under the authority of the International
Investment and Trade in Services Survey Act (22 U.S.C. 3101–3108), hereinafter, ‘‘the Act.’’ Section 3103(b) of the Act provides that ‘‘with respect to foreign direct investment in the United States, the President shall conduct a benchmark survey covering year 1980, a benchmark survey covering year 1987, and benchmark surveys covering every fifth year thereafter.’’

The benchmark survey covers the universe of foreign direct investment in the United States in terms of value, and is BEA’s most detailed survey of such investment. Foreign direct investment
in the United States is defined as the ownership or control, directly or indirectly, by one foreign person (foreign parent) of ten percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including a branch.

The purpose of the benchmark survey
is to obtain universe data on the financial and operating characteristics of U.S. affiliates, and on positions and
transactions between U.S. affiliates and their foreign parent groups (which are defined to include all foreign parents and foreign affiliates of foreign parents).
These data are needed to measure the size and economic significance of foreign direct investment in the United States, measure changes in such investment, and assess its impact on the U.S. economy. Such data are generally found in enterprise-level accounting records of respondent companies. These
data are used to derive current universe
estimates of direct investment from sample data collected in other BEA surveys in nonbenchmark years. In particular, they serve as benchmarks for


### 79055 Federal Register / Vol. 76, No. 245 / Wednesday, December 21, 2011 / Rules and Regulations

the quarterly direct investment
estimates included in the U.S.
international transactions and national income and product accounts, and for annual estimates of the foreign direct investment position in the United States and of the operations of the U.S. affiliates of foreign companies.

BEA will make the survey available via eFile, BEA’s electronic filing system, in March 2012, for the convenience of respondents who may wish to file as soon as their 2012 fiscal year ends. BEA will send printed survey forms to potential respondents in March 2013; responses will be due by May 31.

Description of Changes

The changes revise the regulations and the survey forms for the BE–12 benchmark survey. These amendments include changes in reporting thresholds and data items collected, as well as changes in the names and design of the survey forms. Several of these amendments are part of a larger program to align the data collection program for multinational companies with available

resources.

Under the revised regulations, U.S. affiliates report their information, regardless of industry, on one of four forms—BE–12A, BE–12B, BE–12C, or BE–12 Claim for Not Filing. Data on U.S. affiliates that are banks, bank holding companies, or financial holding companies are collected on the same survey forms as data on other U.S.
affiliates.

The amount of information required to be reported by each U.S. affiliate is determined by the size of the affiliate’s assets, sales or gross operating revenue, and net income. The reporting requirements for the four forms are—

(a) Form BE–12(A)—Report for majority-owned U.S. affiliates with total assets, sales or gross operating revenues, or net income greater than $300 million, positive or negative.

(b) Form BE–12B—Report for majority-owned U.S. affiliates with total assets, sales or gross operating revenues, or net income greater then $60 million, positive or negative, but not greater than $300 million, positive or negative, and minority-owned U.S. affiliates with total assets, sales or gross operating revenues, or net income greater than $60 million, positive or negative.

(c) Form BE–12(C)—Report for U.S. affiliates with total assets, sales or gross operating revenues, or net income less than or equal to $60 million, positive or negative. The smallest U.S. affiliates— those with total assets, sales or gross operating revenues, or net income less than or equal to $20 million, positive or negative—file only a few items on Form BE–12(C).

(d) Form BE–12 Claim for Not Filing—Report to be filed by U.S. persons who are not subject to the reporting requirements for the BE–12 benchmark survey, but have been contacted by BEA concerning their reporting status.

In addition to the changes in the reporting criteria, BEA hereby adds and
deletes some items on one of the benchmark survey forms. The following items are added to Form BE–12A (no
additions are made to the other BE–12 forms):

(1) Questions are added regarding the use of fair value accounting on the balance sheet. Companies that indicate that they used fair value accounting are asked to provide the amount of: net property, plant, and equipment; of total assets; and of total liabilities recorded at
fair value.

(2) Questions are added to collect information on assets, liabilities, and interest receipts and payments that are related to banking activities.

(3) Several check-box questions are added asking whether U.S. affiliates purchased contract manufacturing services from others or performed contract manufacturing services for others. They are also asked whether they owned the materials used in contract manufacturing and if the company that performed or purchased
the service was located in the United
States or abroad.

(4) A question is added asking if the U.S. affiliate has equity in its foreign parent(s) (reverse investment). An item is added to collect voting percentage, equity percentage, and the dollar
amount of the investment.

(5) Several check-box questions are added to ensure that certain types of finance companies do not report intercompany debt to BEA that is already reported on Treasury International Capital surveys.

BEA also eliminates the following items from the benchmark survey: selected balance sheet items (BE–12A);
the breakdown of sales of services to foreign persons into sales of services to the foreign parent group, to foreign affiliates owned by the affiliate, and to other foreign persons (BE–12A); the breakdown of employment and employee compensation by occupational classification (BE–12A, BE–12B); the breakdown of total employee compensation into wages and salaries and employee benefit plans (BE–12A); data on the composition of external finances (BE–12A); manufacturing employment by state (BE–12A, BE–12B); gross property, plant, and equipment by state (BE–12A, BE–12B); commercial property by state (BE–12A, BE–12B); the location of the primary U.S. headquarters of the U.S. affiliate (BE–12A, BE–12B, BE–12C); number of employees covered by collective bargaining agreements (BE– 12A); acres of U.S. land owned (BE– 12A, BE–12B, BE–12C); basis (shipped or charged) for trade data (check-box questions) (BE–12A); exports/imports shipped to/by foreign affiliates owned by U.S. affiliate by country of origin/ destination (as in the benchmark surveys for 2002 and earlier years, these
columns will be combined with the columns ‘‘shipped to/by all other foreign persons;’’ BE–12A); and withholding taxes on intercompany interest payments and interest receipts (BE–12A).

In addition, BEA renames and redesigns the survey forms. The new design incorporates improvements made to other BEA surveys. Survey instructions and data item descriptions are changed to improve clarity, make the benchmark survey forms more
consistent with those of other BEA surveys, and provide updated information on accounting standards.

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 sufficient to warrant preparation of a
Federalism assessment under E.O.

13132.

Paperwork Reduction Act

The collection of information in this
final rule has been submitted to the Office of Management and Budget (OMB) under the Paperwork Reduction Act (PRA). OMB approved the
information collection under OMB
control number 0608–0042.

Notwithstanding any other provisions of the law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the PRA unless that collection displays a currently valid
OMB control number.

The BE–12 survey is expected to result in the filing of reports from approximately 19,950 U.S. affiliates. The respondent burden for this collection of information will vary from one company to another, but is estimated to average 9.7 hours per response, including time for reviewing instructions, searching existing data


### 79056 Federal Register / Vol. 76, No. 245 / Wednesday, December 21, 2011 / Rules and Regulations

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 194,150 hours, compared to 209,650 hours for the previous (2007) benchmark survey.
The decrease in burden hours is due to
a reduction in the number of data items on the form which reduces the average burden per form, and increased reporting thresholds which allow more respondents to file on shorter forms.

Written comments regarding the burden-hour estimates or other aspects
of the collection-of-information requirements contained in the final rule
should be sent to both BEA via email at David.Galler@bea.gov or by FAX at (202) 606–2894, and to OMB, O.I.R.A., Paperwork Reduction Project 0608– 0042, Attention PRA Desk Officer for BEA, via email at pbugg@omb.eop.gov or by FAX at (202) 395–7245.

Regulatory Flexibility Act

The Chief Counsel for Regulation, Department of Commerce, certified at the proposed rule stage to the Chief Counsel for Advocacy, Small Business Administration, under the provisions of the Regulatory Flexibility Act (RFA), 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 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: November 28, 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. Section 806.17 is revised to read as
follows:

**§ 806.17 Rules and regulations for BE–12, Benchmark Survey of Foreign Direct** 
**Investment in the United States—2012.**

A BE–12, Benchmark Survey of Foreign Direct Investment in the United States, will be conducted covering 2012. All legal authorities, provisions, definitions, and requirements contained in § 806.1 through § 806.13 and § 806.15(a) through (g) are applicable to this survey. Specific additional rules and regulations for the BE–12 survey are given in this section.

(a) Response required. A response is required from persons subject to the reporting requirements of the BE–12, Benchmark Survey of Foreign Direct Investment in the United States—2012, contained in this section, whether or not they are contacted by BEA. Also, a person, or their agent, contacted by BEA about reporting in this survey, either by sending them a report form or by written inquiry, must respond pursuant to § 806.4. This may be accomplished by:

(1) Certifying in writing, by the due date of the survey, to the fact that the person is not a U.S. affiliate of a foreign person and not subject to the reporting requirements of the BE–12 survey;

(2) Completing and returning the ‘‘BE–12 Claim for Not Filing’’ by the due date of the survey; or

(3) Filing the properly completed BE– 12 report—Form BE–12A, Form BE– 12B, or Form BE–12C—by May 31,

2013.

(b) Who must report. A BE–12 report is required for each U.S. affiliate, that is, for each U.S. business enterprise in which a foreign person (foreign parent) owned or controlled, directly or indirectly, 10 percent or more of the voting securities in an incorporated U.S. business enterprise, or an equivalent interest in an unincorporated U.S. business enterprise, at the end of the business enterprise’s fiscal year that ended in calendar year 2012. A BE–12 report is required even if the foreign person’s ownership interest in the U.S. business enterprise was established or acquired during the 2012 reporting year.

(c) Forms to be filed. (1) Form BE–12A must be completed by a U.S. affiliate that was majority-owned by one or more foreign parents (for purposes of this survey, a ‘‘majority-owned’’ U.S.
affiliate is one in which the combined direct and indirect ownership interest of all foreign parents of the U.S. affiliate exceeds 50 percent), if on a fully consolidated basis, or, in the case of real estate investment, on an aggregated basis, any one of the following three items for the U.S. affiliate (not just the foreign parent’s share), was greater than $300 million (positive or negative) at the end of, or for, its fiscal year that ended in calendar year 2012:

(i) Total assets (do not net out liabilities);

(ii) Sales or gross operating revenues, excluding sales taxes; or

(iii) Net income after provision for

U.S. income taxes.

(2) Form BE–12B must be completed by:

(i) A majority-owned U.S. affiliate if, on a fully consolidated basis, or, in the case of real estate investment, on an aggregated basis, any one of the three items listed in paragraph (c)(1) of this section (not just the foreign parent’s share), was greater than $60 million (positive or negative) but none of these items was greater than $300 million (positive or negative) at the end of, or for, its fiscal year that ended in calendar year 2012.

(ii) A minority-owned U.S. affiliate if, on a fully consolidated basis, or, in the case of real estate investment, on an aggregated basis, any one of the three items listed in paragraph (c)(1) of this section (not just the foreign parent’s share), was greater than $60 million (positive or negative) at the end of, or for, its fiscal year that ended in calendar year 2012. (A ‘‘minority-owned’’ U.S.
affiliate is one in which the combined direct and indirect ownership interest of all foreign parents of the U.S. affiliate is 50 percent or less.)

(3) Form BE–12C must be completed by a U.S. affiliate if, on a fully consolidated basis, or, in the case of real estate investment, on an aggregated basis, none of the three items listed in paragraph (c)(1) of this section for a U.S. affiliate (not just the foreign parent’s share), was greater than $60 million (positive or negative) at the end of, or for, its fiscal year that ended in calendar year 2012.

(4) BE–12 Claim for Not Filing will be provided for response by persons that are not subject to the reporting requirements of the BE–12 survey but have been contacted by BEA concerning their reporting status.

(d) Aggregation of real estate

investments. All real estate investments of a foreign person must be aggregated for the purpose of applying the reporting criteria. A single report form must be filed to report the aggregate holdings, unless written permission has
been received from BEA to do otherwise. Those holdings not aggregated must be reported separately on the same type of report that would have been required if the real estate holdings were aggregated.


### 79057 Federal Register / Vol. 76, No. 245 / Wednesday, December 21, 2011 / Rules and Regulations

1 Though the July 19, 2010 notice set the effective date as July 19, 2011, the Commission subsequently changed that date to January 1, 2012. See 76 FR 20233 (April 12, 2011). 2 The definition of ‘‘incandescent lamp’’ in the published Federal Register Notice contained an inadvertent error stating that the diameter of covered reflector lamps exceeds ‘‘2.75 inches’’ (§ 305.3(n)(1)(ii)). The correct number, consistent with the underlying statute, is ‘‘2.25 inches.’’ See 42 U.S.C. 6291(30)(C); and 75 FR at 41699, n. 18,
and 41713. (e) Due date. A fully completed and certified Form BE–12A, BE–12B, BE– 12C, or BE–12 Claim for Not Filing is
due to be filed with BEA not later than May 31, 2013.

[FR Doc. 2011–32461 Filed 12–20–11; 8:45 am]

**BILLING CODE 3510–06–P**

**FEDERAL TRADE COMMISSION**

**16 CFR Part 305**

**RIN 3084–AA74**

**Appliance Labeling Rule**

**AGENCY :**  Federal Trade Commission (‘‘FTC’’ or ‘‘Commission’’).

**ACTION :**  Correcting amendments.

**SUMMARY :**  The Commission is issuing technical corrections to the Appliance Labeling Rule (16 CFR part 305). These corrections are necessary to ensure that amendatory language published on July 19, 2010 (75 FR 41696) and scheduled to become effective on January 1, 2012 is consistent with recently codified Rule
amendments.

**DATES :**  Effective January 1, 2012.

**ADDRESSES :**  Requests for copies of this
document are available from: Public Reference Branch, Room 130, Federal Trade Commission, 600 Pennsylvania Avenue NW., Washington, DC 20580. The complete record of this proceeding
is also available at that address. Relevant portions of the proceeding, including this document, are available

at http://www.ftc.gov.

**FOR FURTHER INFORMATION CONTACT :**  Hampton Newsome, (202) 326–2889, Attorney, Division of Enforcement, Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue NW., Washington, DC 20580.

**SUPPLEMENTARY INFORMATION :**  Over the last two years, the Commission has issued amendments to its Appliance Labeling Rule (16 CFR part 305) in two separate Federal Register Notices involving: (1) Light bulbs (75 FR 41696 (July 19, 2010)), and (2) television labels (76 FR 1038 (Jan. 6, 2011)). The effective
dates of these two final rules differ. The television label amendments, published on January 6, 2011, became effective on May 10, 2011 while the earlier light
bulbs amendments will not become effective until January 1, 2012. 1 As a result, two amendatory instructions in the earlier light bulb notice are not
consistent with the Rule’s current language as amended by the television Notice. In a separate notice, the
Commission has issued a correction removing the obsolete instructions from the July 19, 2010 notice. Now, the Commission revises the Rule’s language to ensure its accuracy. In doing so, the Commission is also correcting an
inadvertent error in the definition of ‘‘incandescent lamp.’’ 2 Otherwise, the
corrections in this Notice contain no substantive changes to the previously
announced Rule amendments.

List of Subjects in 16 CFR Part 305

Advertising, Energy conservation, Household appliances, Labeling, Reporting and recordkeeping requirements.

For the reasons stated above, the
Federal Trade Commission amends 16 CFR part 305 as follows:

**PART 305—[AMENDED]**

■ 1. The authority citation for part 305
continues to read as follows:

Authority: 42 U.S.C. 6294.

■ 2. In § 305.3, paragraphs (l) and (m) are revised, paragraphs (n), (o), (p), (q), (r), (s), (t), and (u) are redesignated as (r), (s), (t), (u), (v), (w), (x), and (y) respectively, and new paragraphs (n), (o), (p), and (q) are added to read as
follows:

**§ 305.3 Description of covered products.**

* * * * *

(l) General service lamp means: (1) A lamp that is: (i) A medium base compact fluorescent lamp;

(ii) A general service incandescent lamp;

(iii) A general service light-emitting diode (LED or OLED) lamp; or

(iv) Any other lamp that the Secretary of Energy determines is used to satisfy lighting applications traditionally served by general service incandescent lamps.

(2) Exclusions. The term general service lamp does not include—

(i) Any lighting application or bulb shape described in paragraphs (n)(3)(ii)(A) through (T) of this section;
and

(ii) Any general service fluorescent lamp.

(m) Medium base compact fluorescent lamp means an integrally ballasted fluorescent lamp with a medium screw base, a rated input voltage range of 115 to 130 volts and which is designed as a direct replacement for a general service incandescent lamp; however, the term
does not include—

(1) Any lamp that is: (i) Specifically designed to be used for special purpose applications; and

(ii) Unlikely to be used in general purpose applications, such as the applications described in the definition
of ‘‘General Service Incandescent Lamp’’ in paragraph (n)(3)(ii) of this section; or

(2) Any lamp not described in the
definition of ‘‘General Service Incandescent Lamp’’ in this section and that is excluded by the Department of Energy, by rule, because the lamp is—

(i) Designed for special applications;
and

(ii) Unlikely to be used in general purpose applications.

(n) Incandescent lamp: (1) Means a lamp in which light is produced by a filament heated to incandescence by an electric current, including only the following:

(i) Any lamp (commonly referred to as lower wattage nonreflector general service lamps, including any tungsten halogen lamp) that has a rated wattage between 30 and 199 watts, has an E26 medium screw base, has a rated voltage or voltage range that lies at least partially within 115 and 130 volts, and is not a reflector lamp;

(ii) Any lamp (commonly referred to as a reflector lamp) which is not colored or designed for rough or vibration service applications, that contains an inner reflective coating on the outer bulb to direct the light, an R, PAR, ER, BR, BPAR, or similar bulb shapes with E26 medium screw bases, a rated voltage or voltage range that lies at least partially within 115 and 130 volts, a diameter which exceeds 2.25 inches, and has a rated wattage that is 40 watts or higher;

(iii) Any general service incandescentlamp (commonly referred to as a highor higher wattage lamp) that has a rated wattage above 199 watts (above 205 watts for a high wattage reflector lamp);
but

(2) Incandescent lamp does not mean any lamp excluded by the Secretary of Energy, by rule, as a result of a
determination that standards for such lamp would not result in significant energy savings because such lamp is designed for special applications or has special characteristics not available in reasonably substitutable lamp types;

(3) General service incandescent lamp

means: