Federal Register / Vol. 74, No. 156 / Friday, August 14, 2009 / Rules and Regulations 41035 

ARTICLES SUBJECT TO: APPENDIX 1, HISTORICAL LICENSES; APPENDIX 2, NONHISTORICAL LICENSES; AND APPENDIX 3, 

DESIGNATED IMPORTER LICENSES FOR QUOTA YEAR 2009—Continued 

[Quantities in kilograms] 

Article by additional U.S. note number and country of origin Appendix 1 Appendix 2 

Appendix 3 

Tokyo round Uruguay round 

Uruguay .................................................................................................... ........................ ........................ 428,000 750,000 

Other Countries ........................................................................................ ........................ 13,064 ........................ ........................

SWISS OR EMMENTHALER CHEESE OTHER THAN WITH EYE FORMATION, GRUYERE-PROCESS CHEESE AND CHEESE AND SUBSTITUTES FOR CHEESE CONTAINING, OR PROCESSED FROM, 

SUCH CHEESES (NOTE 22) ...................................................................... 5,341,056 1,310,258 823,519 380,000

EU–25 ....................................................................................................... 4,071,866 1,080,128 393,006 380,000 

Switzerland ............................................................................................... 1,235,692 183,795 430,513 ........................

Other Countries ........................................................................................ 33,498 46,335 ........................ ........................

CHEESE AND SUBSTITUTES FOR CHEESE, CONTAINING 0.5 PERCENT OR LESS BY WEIGHT OF BUTTERFAT (EXCEPT ARTICLES 

WITHIN THE SCOPE OF OTHER TARIFF-RATE QUOTAS PROVIDED 

FOR IN THIS SUBCHAPTER), AND MARGARINE CHEESE (NOTE 23) 1,867,826 2,557,092 1,050,000 ........................

EU–25 ....................................................................................................... 1,867,825 2,557,092 ........................ ........................

Israel ......................................................................................................... ........................ ........................ 50,000 ........................

New Zealand ............................................................................................ ........................ ........................ 1,000,000 ........................

Other Countries ........................................................................................ 1 ........................ ........................ ........................

SWISS OR EMMENTHALER CHEESE WITH EYE FORMATION (NOTE 

25) ................................................................................................................ 15,999,980 6,297,351 9,557,945 2,620,000 

Argentina .................................................................................................. ........................ 9,115 70,885 ........................

Australia .................................................................................................... 209,698 ........................ 290,302 ........................

Canada ..................................................................................................... ........................ ........................ 70,000 ........................

EU–25 ....................................................................................................... 11,188,057 5,288,771 4,003,172 2,420,000 

Iceland ...................................................................................................... 149,999 ........................ 150,001 ........................

Israel ......................................................................................................... 27,000 ........................ ........................ ........................

Norway ...................................................................................................... 3,187,264 468,046 3,227,690 ........................

Switzerland ............................................................................................... 1,178,377 505,728 1,745,895 200,000 

Other Countries ........................................................................................ 59,585 25,691 ........................ ........................

TOTAL: CHEESE ARTICLES ........................................................... 66,376,394 21,524,259 22,764,145 24,921,000 

[FR Doc. E9–19529 Filed 8–13–09; 8:45 am] 

BILLING CODE 3410–10–P 

DEPARTMENT OF COMMERCE 

Bureau of Economic Analysis 

15 CFR Part 801 

[Docket No. 0807311007–91137–02] 

RIN 0691–AA69 

International Services Surveys: BE– 

140, Benchmark Survey of Insurance 

Transactions by U.S. Insurance 

Companies with Foreign Persons 

AGENCY: Bureau of Economic Analysis, 

Commerce. 

ACTION: Final rule. 

SUMMARY: This final rule amends the 

Bureau of Economic Analysis’ (BEA) 

regulations to set forth the reporting 

requirements for a new mandatory 

Benchmark Survey of Insurance 

Transactions by U.S. Insurance 

Companies with Foreign Persons. The 

survey will collect data on cross-border 

reinsurance and other insurance 

transactions from U.S. insurance 

companies. The BE–140 survey will be 

conducted every five years with the first 

survey covering calendar year 2008. The 

BE–140 survey data will be used by BEA 

to estimate the insurance services 

component of the U.S. International 

Transactions Accounts (ITAs) and other 

economic accounts compiled by BEA. 

DATES: This final rule will be effective. 

September 14, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Chris Emond, Chief, Special Surveys 

Branch, Balance of Payments Division, 

(BE–50) Bureau of Economic Analysis, 

U.S. Department of Commerce, 

Washington, DC 20230; e-mail; or phone 

(202) 606–9826. 

SUPPLEMENTARY INFORMATION: In the 

April 10, 2009 Federal Register (74 FR 

16337), BEA published a notice of 

proposed rulemaking to amend 15 CFR 

801.9(a) to set forth the reporting 

requirements for a new mandatory 

survey entitled BE–140, Benchmark 

Survey of Insurance Transactions by 

U.S. Insurance Companies with Foreign 

Persons. No comments were received on 

the proposed rule. Thus, the proposed 

rule is adopted without change. 

Description of Changes 

The BE–140 survey is a mandatory 

survey and will be conducted by BEA 

every five years, with the first survey 

covering calendar year 2008, pursuant 

to the authority provided in the 

International Investment and Trade in 

Services Survey Act (22 U.S.C. 3101– 

3108), hereinafter, ‘‘the Act.’’ For the 

initial survey, BEA will send the survey 

to potential respondents in September 

of 2009; responses will be due by 

December 1, 2009. 

The BE–140 survey will collect 

information from U.S. insurance 

companies on the following covered 

transactions: Reinsurance assumed from 

or ceded to insurance companies 

resident abroad, primary insurance sold 

to foreign persons, and receipts and 

payments of auxiliary insurance 

services. The specific data that will be 

collected on the survey are: (1) 

Premiums earned, and (2) losses, on 

reinsurance assumed; (3) premiums 

incurred, and (4) losses, on reinsurance 

ceded; (5) premiums earned, and (6) 

losses, on primary insurance sold; (7) 

sales of, and (8) purchases of, auxiliary 

insurance services. The exemption level 

for the survey is $2 million based on 

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41036 Federal Register / Vol. 74, No. 156 / Friday, August 14, 2009 / Rules and Regulations 

one of the eight categories listed above. 

Insurance companies that exceed this 

threshold must supply data on the 

amount of their insurance transactions 

for each category, disaggregated by 

country. 

U.S. insurance companies that are 

exempt from the reporting requirements 

because they do not meet the criteria for 

reporting on the BE–140 survey form are 

requested to provide, on a voluntary 

basis, the estimates of their covered 

insurance transactions. Any U.S. 

insurance company that receives the 

BE–140 survey form from BEA, but that 

is not required to report data because it 

is exempt under the regulations, must 

provide information on the reason why 

it is exempt. This requirement is 

necessary to ensure compliance with 

reporting requirements and efficient 

administration of the Act by eliminating 

unnecessary follow-up contact. If a U.S. 

insurance company does not receive the 

BE–140 survey form and is not 

otherwise required to report under these 

regulations, then the company is not 

required to take any action. 

Survey Background 

BEA conducts the survey pursuant to 

authority provided in section 4(a) of the 

Act (22 U.S.C. 3103(a)), which provides 

that the President shall, to the extent he 

deems necessary and feasible, conduct a 

regular data collection program to 

secure current information related to 

international investment and trade in 

services and publish for the use of the 

general public and United States 

Government agencies periodic, regular, 

and comprehensive statistical 

information collected pursuant to this 

subsection. 

In section 3 of Executive Order 11961, 

as amended by Executive Orders 12318 

and 12518, the President delegated the 

responsibilities under the Act for 

performing functions concerning 

international trade in services to the 

Secretary of Commerce, who has 

redelegated them to BEA. 

Data from the BE–140 survey are 

needed to monitor U.S. exports and 

imports of insurance services and other 

international insurance transactions; 

analyze their impact on the U.S. and 

foreign economies; compile and 

improve the U.S. international 

transactions, national income and 

product, and input-output accounts; 

support U.S. international trade policy 

on insurance services; assess and 

promote U.S. competitiveness in 

international trade in services; and 

improve the ability of U.S. businesses to 

identify and evaluate market 

opportunities. 

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 approved by the 

Office of Management and Budget 

(OMB) under control number 0608– 

0073 pursuant to the requirements of 

the Paperwork Reduction Act. 

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 Paperwork 

Reduction Act unless that collection 

displays a currently valid Office of 

Management and Budget Control 

Number. The collection will display this 

number. 

The BE–140 benchmark survey is 

expected to result in the filing of reports 

from approximately 1000 respondents. 

Of this number, approximately 500 

respondents would report mandatory or 

voluntary data on the survey and 

approximately 500 respondents would 

not report data but would respond with 

the required statement of exemption. 

The respondent burden for this 

collection of information would vary 

from one respondent to another, but is 

estimated to average 8 hours annually, 

including time for reviewing the 

instructions, searching existing data 

sources, gathering and maintaining the 

data needed, and completing and 

reviewing the collection of information 

for the respondents that file mandatory 

or voluntary data and one hour for 

respondents that do not report data. 

Thus, the total respondent burden for 

the survey is estimated at 4,500 hours. 

Written comments regarding the 

burden-hour estimates or other aspects 

of the collection-of-information 

requirements contained in this final rule 

should be sent to (1) The Bureau of 

Economic Analysis via mail to U.S. 

Department of Commerce, Bureau of 

Economic Analysis, Chris Emond, Chief, 

Special Surveys Branch (BE–50), 

Washington, DC 20230, via e-mail at 

christopher.emond@bea.gov, or by FAX 

at 202–606–5318; and (2) the Office of 

Management and Budget, O.I.R.A., 

Paperwork Reduction Project 0608– 

0073, 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, has certified 

to the Chief Counsel for Advocacy, 

Small Business Administration, under 

provisions of the Regulatory Flexibility 

Act (5 U.S.C. 605(b)), that this rule will 

not have a significant economic impact 

on a substantial number of small 

entities. The factual basis for this 

certification was published with the 

proposed rule. No comments were 

received regarding the economic impact 

of this rule. As a result, no final 

regulatory flexibility analysis was 

prepared. 

List of Subjects in 15 CFR Part 801 

International transactions, Economic 

statistics, Foreign trade, Penalties, 

Reporting and recordkeeping 

requirements. 

Dated: July 2, 2009. 

J. Steven Landefeld, 

Director, Bureau of Economic Analysis. 

■ For the reasons set forth in the 

preamble, BEA amends 15 CFR part 801, 

as follows: 

PART 801—SURVEY OF 

INTERNATIONAL TRADE IN SERVICES 

BETWEEN U.S. AND FOREIGN 

PERSONS 

■ 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; and 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. Revise § 801.9(a) to read as follows: 

§ 801.9 Reports required. 

(a) Benchmark surveys. Section 4(a)(4) 

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

benchmark surveys of trade in services 

between U.S. and unaffiliated persons 

be conducted, but not more frequently 

than every 5 years. General reporting 

requirements, exemption levels, and the 

years of coverage for the BE–120 survey 

may be found in § 801.10; general 

reporting requirements, exemption 

levels, and the years of coverage for the 

BE–80 survey may be found in § 801.11; 

and general reporting requirements, 

exemption levels, and the years for 

coverage for the BE–140 survey may be 

found in § 801.12: More detailed 

instructions are given on the forms 

themselves. 

* * * * * 

■ 3. Add § 801.12 to read as follows: 

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Federal Register / Vol. 74, No. 156 / Friday, August 14, 2009 / Rules and Regulations 41037 

§ 801.12 Rules and regulations for the BE– 

140, Benchmark Survey of Insurance 

Transactions by U.S. Insurance Companies 

with Foreign Persons. 

(a) The BE–140, Benchmark Survey of 

Insurance Transactions by U.S. 

Insurance Companies with Foreign 

Persons, will be conducted covering 

calendar year 2008 and every fifth year 

thereafter. All legal authorities, 

provisions, definitions, and 

requirements contained in § 801.1 

through § 801.9(a) are applicable to this 

survey. More detailed instructions and 

descriptions of the individual types of 

transactions covered are given on the 

report form itself. The BE–140 consists 

of three parts and two schedules. Part 1 

requests information on whom to 

consult concerning questions about the 

report and the certification section. Part 

2 requests information about the 

reporting insurance company. Part 3 

requests information needed to 

determine whether a report is required, 

the types of transactions that would be 

reported, and which schedules apply. 

Each of the two schedules covers the 

types of insurance services to be 

reported and the ownership relationship 

between the U.S. insurance company 

and foreign transactor and is to be 

completed only if the U.S. insurance 

company has transactions of the types 

covered by the particular schedule. 

(b) Who must report. 

(1) Mandatory reporting. A BE–140 

report is required from each U.S. 

insurance company with respect to the 

transactions listed below, if any of the 

eight items was greater than $2 million 

or less than negative $2 million for the 

calendar year covered by the survey on 

an accrual basis: 

(i) Premiums earned, and 

(ii) Losses, on reinsurance assumed; 

(iii) Premiums incurred, and 

(iv) Losses, on reinsurance ceded; 

(v) Premiums earned, and 

(vi) Losses, on primary insurance 

sold; 

(vii) Sales of, and 

(viii) Purchases of, auxiliary 

insurance services. 

U.S. insurance companies that file 

pursuant to this mandatory reporting 

requirement must complete parts 1 

through 3 of Form BE–140 and all 

applicable schedules. The total amounts 

of transactions applicable to a particular 

schedule are to be entered in the 

appropriate column(s) and these 

amounts must be distributed among the 

countries involved in the transactions. 

(2) Voluntary reporting. If, during the 

calendar year covered, the U.S. 

insurance company’s transactions do 

not exceed the exemption level for any 

of the types of transactions covered by 

the survey, the U.S. person is requested 

to provide an estimate of the total for 

each type of transaction. Submission of 

this information is voluntary. The 

estimates may be judgmental, that is, 

based on recall, without conducting a 

detailed records search. 

(3) Any U.S. insurance company that 

receives the BE–140 survey form from 

BEA, but is not reporting data in either 

the mandatory or voluntary section of 

the form, must complete Parts 1 through 

3 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. 

(c) Covered types of insurance 

transactions. The BE–140 survey is 

intended to collect information on U.S. 

international insurance transactions. 

The types of insurance transactions 

covered are: Reinsurance assumed from 

or ceded to insurance companies 

resident abroad, primary insurance sold 

to foreign persons, and receipts and 

payments of auxiliary insurance 

services. 

[FR Doc. E9–19517 Filed 8–13–09; 8:45 am] 

BILLING CODE 3510–06–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Part 385 

[Docket No. RM09–20–000; Order No. 725] 

Service of Interlocutory Appeals 

Issued August 10, 2009. 

AGENCY: Federal Energy Regulatory 

Commission, DOE. 

ACTION: Final rule. 

SUMMARY: The Commission is amending 

regulations which specify on whom 

persons appealing a presiding officer’s 

denial of a motion to permit an 

interlocutory appeal must serve copies 

of the appeal. The amendment requires 

that any person filing an appeal must 

separately serve a copy on not only the 

Motions Commissioner but also on the 

General Counsel. 

DATES: Effective Date: This rule will 

become effective September 14, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Lawrence Greenfield, Deputy Associate 

General Counsel, Office of the General 

Counsel, 888 First Street, NE., 

Washington, DC 20426, (202) 502– 

6415, lawrence.greenfield@ferc.gov. 

Kirsten M. Bowden, Office of the 

General Counsel, 888 First Street, NE., 

Washington, DC 20426, (202) 502– 

8877, kirsten.bowden@ferc.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

Paragraph 

Nos. 

I. Introduction ........................................................................................................................................................................................... 1 

II. Background ........................................................................................................................................................................................... 2 

III. Discussion ........................................................................................................................................................................................... 5 

IV. Information Collection Statement ...................................................................................................................................................... 9 

V. Environmental Analysis ...................................................................................................................................................................... 10 

VI. Regulatory Flexibility Act .................................................................................................................................................................. 11 

VII. Document Availability ...................................................................................................................................................................... 12 

VIII. Effective Date .................................................................................................................................................................................... 15 

I. Introduction 

1. By this instant final rule, the 

Commission is amending Rule 715(c)(1) 

of its Rules of Practice and Procedure, 

18 CFR 385.715(c)(1), which governs the 

appeal process when a presiding officer 

has denied a motion to permit an 

interlocutory appeal. This amendment 

specifies on whom persons appealing a 

presiding officer’s denial of a motion to 

permit an interlocutory appeal must 

serve copies of the appeal. Given that 

the Motions Commissioner has only 

seven days to act on an interlocutory 

appeal, it is important that the Motions 

Commissioner be made aware of the 

appeal as quickly as possible. 

Accordingly, the amendment adopted 

here requires that any person filing an 

appeal must serve a copy not only on 

the Motions Commissioner but also on 

the General Counsel. 

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