Federal Register / Vol. 74, No. 169 / Wednesday, September 2, 2009 / Proposed Rules 45383 

telephone: (816) 329–4119; fax: (816) 329– 

4090. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your appropriate principal inspector 

(PI) in the FAA Flight Standards District 

Office (FSDO), or lacking a PI, your local 

FSDO. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act 

(44 U.S.C. 3501 et seq.), the Office of 

Management and Budget (OMB) has 

approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to MCAI European Aviation 

Safety Agency (EASA) AD No. 2009–0096R1, 

dated July 10, 2009, and SOCATA TBM 700 

A & B Pilot Operating Handbook (POH), 

Temporary Revision No. 3, dated March 

2009, for related information. 

Issued in Kansas City, Missouri, on August 

26, 2009. 

Kim Smith, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. E9–21145 Filed 9–1–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Economic Analysis 

15 CFR Part 806 

[Docket No. 090130108–9629–01] 

RIN 0691–AA70 

Direct Investment Surveys: BE–605, 

Quarterly Survey of Foreign Direct 

Investment in the United States— 

Transactions of U.S. Affiliate With 

Foreign Parent 

AGENCY: Bureau of Economic Analysis, 

Commerce. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This proposed rule amends 

regulations of the Bureau of Economic 

Analysis (BEA) setting forth reporting 

requirements for the BE–605 quarterly 

survey of foreign direct investment in 

the United States. The survey obtains 

quarterly sample data on transactions 

and positions between foreign-owned 

U.S. business enterprises (U.S. affiliates) 

and their ‘‘affiliated foreign groups’’ 

(i.e., their foreign parents and foreign 

affiliates of their foreign parents). 

BEA proposes a number of changes to 

the BE–605 survey. BEA proposes to 

discontinue the use of separate forms for 

banks. Beginning with the first quarter 

of 2010, both bank and nonbank U.S. 

affiliates would file Form BE–605. In 

conjunction with this change, BEA 

proposes to change the title of Form BE– 

605. BEA proposes to add and delete 

certain items on the survey form and 

change the reporting criteria. BEA also 

proposes to collect identification 

information for affiliates filing Form 

BE–605 for the first time, and to make 

changes to the BE–605 form and 

instructions to bring them into 

conformity with the recently revised 

annual and benchmark surveys of 

foreign direct investment in the United 

States. 

DATES: Comments on this proposed rule 

will receive consideration if submitted 

in writing on or before 5 p.m. November 

2, 2009. 

ADDRESSES: You may submit comments, 

identified by RIN 0691–AA70, 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 to both BEA through 

any of the methods above and to the 

Office of Management and Budget 

(OMB), O.I.R.A., Paperwork Reduction 

Project 0608–0009, 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 

806.15 to set forth the reporting 

requirements for the BE–605 quarterly 

survey of foreign direct investment in 

the United States. 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 proposed and/or 

continuing information collections, as 

required by the Paperwork Reduction 

Act of 1995, 44 U.S.C. 3501–3520 

(‘‘PRA’’). 

The BE–605 survey is a mandatory 

quarterly survey of foreign direct 

investment conducted by BEA under the 

International Investment and Trade in 

Services Survey Act, 22 U.S.C. 3101– 

3108 (‘‘the Act’’). BEA will send BE–605 

survey forms to potential respondents 

each quarter; responses will be due 

within 30 days after the end of each 

quarter, except for the final quarter of 

the fiscal year when reports will be due 

within 45 days of the end of the quarter. 

Description of Changes 

BEA proposes a number of changes to 

the BE–605 survey. First, BEA proposes 

to discontinue the use of separate forms 

for banks. Beginning with the first 

quarter of 2010, both bank and nonbank 

U.S. affiliates would file Form BE–605. 

In conjunction with this change, BEA 

proposes to change the title of Form BE– 

605 to ‘‘Quarterly Survey of Foreign 

Direct Investment in the United States— 

Transactions of U.S. Affiliate with 

Foreign Parent.’’ Changes to language 

and instructions will be made to align 

Form BE–605 with recent changes to the 

annual and benchmark surveys of 

foreign direct investment. 

BEA also proposes to add items to 

Form BE–605 to collect additional 

identification information on U.S. 

affiliates of foreign parents filing the 

survey for the first time. (BEA 

previously collected more extensive 

identification information on the U.S. 

business being established or acquired, 

and on the new foreign owner, through 

Form BE–13, Initial Report on a Foreign 

Person’s Direct or Indirect Acquisition, 

Establishment, or Purchase of the 

Operating Assets, of a Business 


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45384 Federal Register / Vol. 74, No. 169 / Wednesday, September 2, 2009 / Proposed Rules 

Enterprise, Including Real Estate, which 

was recently discontinued.) These 

additional items include the date the 

business enterprise became a U.S. 

affiliate of a foreign parent, and the U.S. 

affiliate’s industry. BEA also proposes to 

add a question to the survey that asks 

U.S. affiliates whether they are planning 

to construct, or are in the process of 

constructing, a new production 

establishment. 

In addition, BEA proposes to 

discontinue collecting information on 

permanent intercompany debt funding, 

and interest receipts and payments 

associated with that funding, between 

U.S. affiliates that are banks and their 

foreign parents. This debt funding 

information is collected by the Treasury 

International Capital System, and recent 

changes in international statistical 

guidelines call for it now to be classified 

as portfolio investment. BEA also 

proposes to discontinue collecting data 

on loan loss reserves for banks, which, 

along with a number of related items, 

had been requested on the specialized 

bank form that will be discontinued. 

BEA will continue to collect 

intercompany debt and related interest 

data for the units of a consolidated U.S. 

bank affiliate that have insurance, real 

estate, or leasing activities. 

Finally, BEA proposes to increase the 

exemption level for reporting on Form 

BE–605 from $30 million to $60 million. 

The exemption level is stated in terms 

of the U.S. affiliate’s total assets, sales 

or gross operating revenues, and net 

income after U.S. income taxes. At the 

new reporting threshold, BEA expects 

about 4,000 U.S. affiliates to report each 

quarter. This number is slightly higher 

than the number—3,950—estimated at 

the time of the last clearance of the 

survey. However, the increase reflects 

growth in the number of foreign-owned 

firms, and would be significantly higher 

in the absence of the proposed increase 

in the reporting threshold. 

Survey Background 

The BEA conducts the BE–605 survey 

under the International Investment and 

Trade in Services Survey Act. Section 

4(a) of the Act provides that, with 

respect to foreign direct investment in 

the United States, the President shall, to 

the extent he deems it necessary and 

feasible, ‘‘conduct a regular data 

collection program to secure current 

information on international capital 

flows and other information related to 

international investment and trade in 

services, including (but not limited to) 

such information as may be necessary 

for computing and analyzing the United 

States balance of payments, the 

employment and taxes of United States 

parents and affiliates, and the 

international investment * * * position 

of the United States.’’ 

In section 3 of Executive Order 11961, 

as amended by Executive Orders 12318 

and 12518, the President delegated the 

responsibility for performing functions 

under the Act concerning direct 

investment to the Secretary of 

Commerce, who has redelegated it to 

BEA. 

The BE–605 quarterly survey is a 

sample survey that collects data on 

transactions and positions between 

foreign-owned U.S. business enterprises 

and their ‘‘affiliated foreign groups’’ 

(i.e., their foreign parents and foreign 

affiliates of their foreign parents). The 

sample data are used to derive universe 

estimates in nonbenchmark years from 

similar data reported in the BE–12, 

Benchmark Survey of Foreign Direct 

Investment in the United States, which 

is conducted every five years. The data 

are used in the preparation of the U.S. 

international transactions accounts, 

national income and product accounts, 

and input-output accounts. The 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. 

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 

This proposed rule contains a 

collection-of-information requirement 

subject to review and approval by the 

Office of Management and Budget 

(‘‘OMB’’) under the Paperwork 

Reduction Act (‘‘PRA’’). The 

requirement will be submitted to OMB 

for approval as a revision to a collection 

currently approved under OMB Control 

Number 0608–0009. 

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. 

As proposed, the BE–605 survey is 

expected to result in the filing of 

approximately 4,000 reports each 

financial quarter. The respondent 

burden for this collection of information 

is estimated to vary from one-half hour 

to three hours per response, with an 

average of one hour per response, 

including time for reviewing 

instructions, searching existing data 

sources, gathering and maintaining the 

data needed, and completing and 

reviewing the collection of information. 

(The burden will vary depending, in 

part, on the size and ownership 

structure of the U.S. business enterprise 

that is being reported.) Because reports 

are filed 4 times per year, 16,000 

responses annually are expected. Thus, 

the average total annual respondent 

burden of the survey is estimated at 

16,000 hours (4,000 respondents filing 4 

times per year multiplied by 1 hour 

average burden). This estimate is 

slightly higher than the 15,800 burden 

hours currently in the OMB inventory 

for this survey because the increase in 

burden due to the growth in the number 

of foreign-owned firms slightly exceeds 

the reduction in burden resulting from 

the proposed increase in the reporting 

threshold. 

Comments are requested concerning: 

(a) Whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information will have practical utility; 

(b) the accuracy of the burden estimate; 

(c) ways to enhance the quality, utility, 

and clarity of the information collected; 

and (d) ways to minimize the burden of 

the collection of information on the 

respondents, including the use of 

automated collection techniques or 

other forms of information technology. 

Written comments regarding the 

burden-hour estimates or other aspects 

of the collection-of-information 

requirements contained in the proposed 

rule should be sent to both BEA and 

OMB following the instructions given in 

the ADDRESSES section above. 

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. 

Few small U.S. businesses are subject 

to the reporting requirements of this 

survey. Under the proposed regulations, 

foreign-owned U.S. businesses would be 

required to report on the BE–605 survey 

only if they have total assets, sales or 

gross operating revenues, or net income 

after U.S. income taxes that exceed $60 

million. These reporting thresholds will 


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Federal Register / Vol. 74, No. 169 / Wednesday, September 2, 2009 / Proposed Rules 45385 

exempt the majority of small businesses 

from the survey. For most industries, 

the size standard used by the Small 

Business Administration (SBA) for 

designating businesses as ‘‘small’’ is 

based on receipts or employment. For 

the industries designated as small based 

on receipts, the SBA size standards, as 

published in the Table of Small 

Business Size Standards, are all 

significantly below $60 million; it is 

reasonable to assume that few, if any, of 

the businesses in these industries would 

have to file the BE–605. For industries 

where the small business size standard 

is based on employment, a direct 

comparison with the BE–605 reporting 

criteria is not possible because 

employment is not used as a reporting 

criterion and is not collected on the 

survey. However, after examining the 

employment-based standards, and 

under the assumption they are roughly 

comparable to the receipts-based 

indicators in terms of the size of firm 

that is to be designated as small, BEA 

has concluded that it is unlikely that 

many small businesses in these 

industries would be required to file the 

BE–605. For certain types of banking 

and finance companies, the SBA size 

standard is based on assets. 

Approximately 20 small businesses in 

these industries would be required to 

file the BE–605. This number represents 

a small percentage (0.5%) of the 

expected total number of 4,000 filers of 

the BE–605. Additionally, based on the 

estimated average burden of one hour 

per response per quarter, BEA estimates 

the total respondent burden for the BE– 

605 on these businesses would be only 

80 hours annually, while the total 

estimated respondent burden for all 

companies is 16,000 hours. 

Because few small businesses are 

subject to the reporting requirements, 

and because those small businesses that 

are subject to reporting are subject to 

minimal record keeping burdens, the 

Chief Counsel for Regulation certifies 

that this proposed rule will not have a 

significant 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: July 30, 2009. 

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. Section 806.15(h) is revised to read 

as follows: 

§ 806.15 Foreign direct investment in the 

United States. 

* * * * * 

(h) Quarterly report form. BE–605, 

Quarterly Survey of Foreign Direct 

Investment in the United States— 

Transactions of U.S. Affiliate with 

Foreign Parent: One report is required 

for each U.S. affiliate exceeding an 

exemption level of $60 million. 

* * * * * 

[FR Doc. E9–21132 Filed 9–1–09; 8:45 am] 

BILLING CODE 3510–06–P 

DEPARTMENT OF STATE 

22 CFR Part 62 

[Public Notice: 6749] 

RIN 1400–AC56 

Exchange Visitor Program—Secondary 

School Students 

AGENCY: Department of State. 

ACTION: Advance notice of proposed 

rulemaking (ANPRM). 

SUMMARY: The Department seeks 

information on alternative and more 

specific means of screening potential 

families to host exchange visitors 

participating in the Secondary School 

Student category of the Exchange Visitor 

Program. Current regulations allow 

sponsors the flexibility to exercise their 

independent judgment when evaluating 

the financial resources, moral character, 

and composition of potential host 

families, as well as the suitability of 

potential home environments. The 

Department believes, however, that the 

lack of specificity or industry standards 

may have contributed to the recent 

degradation of the appropriateness of 

selected families, thereby putting at risk 

the health, safety, and welfare of this 

most vulnerable group of exchange 

visitors. 

DATES: The Department will accept 

comments from the public up to October 

2, 2009. 

ADDRESSES: You may submit comments, 

identified by any of the following 

methods: 

E-mail: JExchanges@state.gov. You 

must include the RIN in the subject line 

of your message. 

Mail (paper, disk, or CD–ROM 

submissions): U.S. Department of State, 

Office of Designation, SA–5, 5th Floor, 

2200 C Street, NW., Washington, DC 

20522–0505. 

Fax: 202–632–2701. 

Persons with access to the Internet 

may also view this notice and provide 

comments by going to the 

regulations.gov Web site at: http:// 

www.regulations.gov/index.cfm. 

FOR FURTHER INFORMATION CONTACT: 

Stanley S. Colvin, Deputy Assistant 

Secretary for Private Sector Exchanges, 

U.S. Department of State, 2200 C Street, 

NW., SA–5, 5th Floor, Washington, DC 

20522–0505; or e-mail at 

JExchanges@state.gov. 

SUPPLEMENTARY INFORMATION: The 

Department of State (‘‘Department’’) 

designates academic, government, and 

private sector entities to conduct 

educational and cultural exchange 

programs pursuant to a broad grant of 

authority provided by the Mutual 

Educational and Cultural Exchange Act 

of 1961, as amended. Under this 

authority, some 1,450 program sponsors 

facilitate the entry of more than 350,000 

exchange participants each year. 

Secondary school students—of which 

there were nearly 30,000 for the 2008– 

2009 academic year—have been a vital 

component of these exchange activities 

since 1956. This ANPRM is a general 

solicitation of public comments that 

seeks to gather input as to whether and, 

if so, how the Department should 

modify its regulations set forth in 22 

CFR 62.25(j) (Host Family Selection) to 

provide more specific guidance to 

sponsors for screening and selecting 

host families with whom they place 

students attending high school in the 

United States on the Exchange Visitor 

Program. 

The safety and security of these 

exchange student participants are of 

paramount importance to the 

Department. Although these students 

are generally 17 or even 18 years of age, 

some are as young as 15 and often away 

from home for the first time. Given the 

vulnerable status of such a population, 

most of whom are considered children 

under the laws of the 50 States where 

they are living and attending school, the 

Department modified the regulations 

governing this category of exchange in 

2006. The Department adopted a 

requirement that sponsors immediately 

report to the Department any incident or 

allegation involving the actual or 

alleged sexual exploitation or abuse of 

an exchange student participant. 


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