50150 Federal Register / Vol. 74, No. 188 / Wednesday, September 30, 2009 / Proposed Rules 

Federal immigration laws, law 

enforcement efforts and/or efforts to 

preserve national security. Amendment 

of the records could interfere with ICE’s 

ongoing investigations and law 

enforcement activities and would 

impose an impossible administrative 

burden by requiring investigations to be 

continuously reinvestigated. In 

addition, permitting access and 

amendment to such information could 

disclose classified and other securitysensitive information that could be 

detrimental to national or homeland 

security. 

(c) From subsection (e)(1) (Relevancy 

and Necessity of Information) because 

in the course of investigations of visa 

applications, the accuracy of 

information obtained or introduced 

occasionally may be unclear or the 

information may not be strictly relevant 

or necessary to a specific investigation. 

In the interests of effective enforcement 

of Federal immigration laws, it is 

appropriate to retain all information that 

may be relevant to the determination 

whether an individual is eligible for a 

U.S. visa. 

(d) From subsection (e)(2) (Collection 

of Information from Individuals) 

because requiring that information be 

collected from the visa applicant would 

alert the subject to the fact of an 

investigation in the form of a visa 

security review, and to the existence of 

adverse information about the 

individual, thereby interfering with the 

related investigation and law 

enforcement activities. 

(e) From subsection (e)(3) (Notice to 

Subjects) because providing such 

detailed information would impede 

immigration enforcement activities in 

that it could compromise investigations 

by: Revealing the existence of an 

otherwise confidential investigation and 

thereby provide an opportunity for the 

visa applicant to conceal adverse 

information, or take other actions that 

could thwart investigative efforts; reveal 

the identity of other individuals with 

information pertinent to the visa 

security review thereby providing an 

opportunity for the applicant to 

interfere with the collection of adverse 

or other relevant information from such 

individuals; or reveal the identity of 

confidential informants, which would 

negatively affect the informant’s 

usefulness in any ongoing or future 

investigations and discourage members 

of the public from cooperating as 

confidential informants in any future 

investigations. 

(f) From subsections (e)(4)(G) and (H) 

(Agency Requirements), and (f) (Agency 

Rules) because portions of this system 

are exempt from the individual access 

provisions of subsection (d) for the 

reasons noted above, and therefore DHS 

is not required to establish 

requirements, rules, or procedures with 

respect to such access. Providing notice 

to individuals with respect to existence 

of records pertaining to them in the 

system of records or otherwise setting 

up procedures pursuant to which 

individuals may access and view 

records pertaining to themselves in the 

system would undermine investigative 

and immigration enforcement efforts as 

described above. 

(g) From subsection (e)(5) (Collection 

of Information) because in the collection 

of information for law enforcement 

purposes it is impossible to determine 

in advance what information is 

accurate, relevant, timely, and complete. 

Compliance with (e)(5) would preclude 

DHS agents from using their 

investigative training and exercise of 

good judgment to both conduct and 

report on investigations. 

(h) From subsection (e)(8) because to 

require individual notice of disclosure 

of information due to compulsory legal 

process would pose an impossible 

administrative burden on DHS and 

other agencies and could alert the 

subjects of counterterrorism, law 

enforcement, or intelligence 

investigations to the fact of those 

investigations when not previously 

known. 

(i) From subsection (g) to the extent 

that the system is exempt from other 

specific subsections of the Privacy Act 

relating to individuals’ rights to access 

and amend their records contained in 

the system. Therefore DHS is not 

required to establish rules or procedures 

pursuant to which individuals may seek 

a civil remedy for the agency’s: Refusal 

to amend a record; refusal to comply 

with a request for access to records; 

failure to maintain accurate, relevant 

timely and complete records; or failure 

to otherwise comply with an 

individual’s right to access or amend 

records. 

Dated: September 23, 2009. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. E9–23523 Filed 9–29–09; 8:45 am] 

BILLING CODE 9111–28–P 

DEPARTMENT OF COMMERCE 

Bureau of Economic Analysis 

15 CFR Part 806 

[Docket No. 09013008909096–01] 

RIN 0691–AA71 

Direct Investment Surveys: BE–10, 

2009 Benchmark Survey of U.S. Direct 

Investment Abroad 

AGENCY: Bureau of Economic Analysis, 

Commerce. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This proposed rule would 

amend regulations of the Bureau of 

Economic Analysis (BEA), Department 

of Commerce, to set forth the reporting 

requirements for the 2009 BE–10, 

Benchmark Survey of U.S. Direct 

Investment Abroad. The benchmark 

survey covers the U.S. direct investment 

abroad universe, and is BEA’s most 

comprehensive survey of such 

investment in terms of subject matter. 

Benchmark surveys are conducted every 

5 years. The proposed changes for the 

2009 benchmark survey include changes 

in form design and reporting criteria to 

simplify the forms and improve 

response rates and changes that would 

reduce detail collected while 

considering the current needs of data 

users and respondent burden. Some of 

the items that would no longer be 

collected are those that are now 

collected on BEA’s surveys of 

international services. 

DATES: Comments on this proposed rule 

will receive consideration if submitted 

in writing on or before 5 p.m. November 

30, 2009. 

ADDRESSES: You may submit comments, 

identified by RIN 0691–AA71, 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. 


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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 0608–0049, 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 

806.16 to set forth the reporting 

requirements for the BE–10, Benchmark 

Survey of U.S. Direct Investment 

Abroad. 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 

(PRA). 

The BE–10 survey is a mandatory 

survey and is conducted every 5 years 

by BEA under the International 

Investment and Trade in Services 

Survey Act, 22 U.S.C. 3101–3108 (the 

Act). BEA will send the survey to 

potential respondents in March 2010; 

responses will be due to be filed with 

BEA not later than May 28, 2010 for 

those U.S. Reporters filing fewer than 

50, and June 30, 2010 for those U.S. 

Reporters filing 50 or more, foreign 

affiliate Forms BE–10B, C, and/or D. 

Description of Changes 

The proposed changes to the 

benchmark survey include: (a) Changes 

in survey form design and reporting 

criteria to simplify the survey forms and 

improve response rates; and (b) 

modifications, deletions and additions 

of specific items on the survey forms. To 

simplify reporting, BEA is proposing to 

discontinue the use of separate forms for 

banks. For 2009, bank and nonbank U.S. 

Reporters would file Form BE–10A, 

Report for U.S. Reporter. A U.S. 

Reporter would report all domestic 

operations on a fully consolidated basis. 

The 2004 benchmark survey Form BE– 

10A BANK would be discontinued. 

Similarly, Form BE–10B BANK, report 

for foreign affiliates that are banks, 

would be discontinued. 

As the survey is proposed, all foreign 

affiliates, regardless of industry, would 

be filed on one of three foreign affiliate 

forms— 

(a) Form BE–10B—Report for 

majority-owned foreign affiliates with 

total assets, sales or gross operating 

revenues, or net income greater than $80 

million, positive or negative; additional 

items would be filed for affiliates with 

assets, sales, or net income greater than 

$300 million, positive or negative. Form 

BE–10B would replace the 2004 

benchmark survey Forms BE–10B(LF) 

long form and BE–10B(SF) short form 

for reporting large majority-owned 

foreign affiliates; 

(b) Form BE–10C—Report for 

majority-owned foreign affiliates with 

total assets, sales or gross operating 

revenues, or net income greater than $25 

million, positive or negative, but for 

which no one of these items is greater 

than $80 million, positive or negative, 

and for minority-owned foreign 

affiliates with total assets, sales or gross 

operating revenues, or net income 

greater than $25 million, positive or 

negative. Form BE–10C would replace 

the 2004 benchmark survey Form BE– 

10B(SF) short form for reporting small 

majority-owned foreign affiliates and 

minority-owned foreign affiliates; or 

(c) Form BE–10D—Schedule for 

foreign affiliates with total assets, sales 

or gross operating revenues, and net 

income less than or equal to $25 

million, positive or negative. Form BE– 

10D would replace the 2004 benchmark 

survey Form BE–10B Mini and the 2004 

BE–10A Supplement A schedule for 

reporting the smallest majority- and 

minority-owned foreign affiliates. 

BEA also proposes to increase the 

exemption level for reporting of selected 

items on Form BE–10A from $150 

million to $300 million. 

In addition to the changes in the 

reporting criteria, BEA proposes 

combining or deleting some items on 

the benchmark survey reporting forms. 

Changes to the forms for foreign 

affiliates include combining the 

category for U.S. exports of ‘‘capital 

equipment and other goods charged to 

fixed asset accounts’’ with the ‘‘other’’ 

exports category and no longer 

including financial derivatives in the 

debt balances between the U.S. Reporter 

and their foreign affiliates. In addition, 

BEA proposes to no longer collect 

selected balance sheet items as separate 

items: Other current receivables; 

allowance for doubtful accounts; other 

current assets; equity investments in 

other foreign affiliates using cost 

method; other equity investments; other 

noncurrent assets; current liabilities and 

long-term debt; and other noncurrent 

liabilities. BEA also proposes to 

discontinue collecting liabilities owed 

to and receivables due from U.S. 

Reporters according to the books of U.S. 

Reporters (liabilities owed to and 

receivables due from U.S. Reporters 

according to the books of the foreign 

affiliate will continue to be collected); 

the breakdown of total employee 

compensation between wages and 

salaries and employee benefit plans and 

the breakdown of the number of 

employees and employee compensation 

by occupational classification; the 

composition of external finances; 

number of equity shares and price per 

share; subsidies received; number of 

employees who are U.S. citizens; and 

wholesale and retail trade items (i.e., the 

cost of goods purchased for resale and 

inventory of goods purchased for 

resale). 

Changes to the 2009 U.S. Reporter 

benchmark survey form parallel those 

proposed for the foreign affiliate forms. 

BEA proposes to no longer collect the 

following selected balance sheet items 

as separate items: Other current assets; 

noncurrent receivables; other 

noncurrent assets; other current 

liabilities and long-term debt; and other 

noncurrent liabilities. BEA also 

proposes to no longer collect the 

breakdown of total employee 

compensation between wages and 

salaries and employee benefit plans; the 

breakdown of number of employees and 

employee compensation by 

occupational classification; and 

information about wholesale and retail 

trade items. 

Several items on cross-border services 

transactions between affiliated parties 

will no longer be collected on the 

benchmark survey because they are now 

collected on BEA’s surveys of 

international services (BE–45, BE–120, 

BE–125, and BE–185). For foreign 

affiliates, the items that will no longer 

be collected are: (a) Receipts from and 

payments to a U.S. Reporter for 

royalties, license fees, and other fees for 

the use of intangible property, charges 

for use of tangible property (including 

film and television tape rentals), and 

allocated expenses and sales of services 

(total and by type of service); and (b) 

receipts from and payments to U.S. 

persons other than a U.S. Reporter for 


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50152 Federal Register / Vol. 74, No. 188 / Wednesday, September 30, 2009 / Proposed Rules 

royalties, license fees, and other fees for 

the use, sale, or purchase of intangible 

property. For U.S. Reporters, the items 

that will no longer be collected are 

receipts from and payments to foreign 

persons other than the U.S. Reporter’s 

foreign affiliates for royalties, license 

fees, and other fees for the use, sale, or 

purchase of intangible property. This 

change allows BEA to collect 

information about services transactions 

with affiliated foreign persons on the 

same forms and with the same level of 

detail as it collects information about 

these transactions with unaffiliated 

foreign persons. 

BEA proposes to add a question to 

Form BE–10A so it can continue to 

identify U.S. Reporters that are banks 

even if the majority of their revenues are 

generated by nonbanking activities. In 

addition, BEA proposes to add a 

question that would identify U.S. parent 

companies that use foreign 

manufacturing services to process or 

further manufacture goods that they 

own. The information collected will 

help BEA to align its statistics with 

current international statistical 

standards, which now recommend that 

these services be separately identified 

and reported as services rather than 

reflected indistinguishably in statistics 

on trade in goods. 

Survey Background 

The BEA conducts the BE–10, 

Benchmark Survey of U.S. Direct 

Investment Abroad under the 

International Investment and Trade in 

Services Survey Act, 22 U.S.C. 3101– 

3108. Section 3103(b) of the Act 

provides that ‘‘with respect to United 

States direct investment abroad, the 

President shall conduct a benchmark 

survey covering year 1982, a benchmark 

survey covering year 1989, and 

benchmark surveys covering every fifth 

year thereafter.’’ In Section 3 of 

Executive Order 11961, as amended by 

Executive Orders 12318 and 12518, the 

President delegated responsibility for 

performing functions under the Act 

concerning direct investment to the 

Secretary of Commerce, who has 

redelegated it to BEA. Section 3103(b) 

also instructs the BEA to: 

(1) Identify the location, nature, and 

magnitude of, and changes in total 

investment by any parent in each of its 

affiliates and the financial transactions 

between any parent and each of its 

affiliates; 

(2) Obtain (A) information on the 

balance sheet of parents and affiliates 

and related financial data, (B) income 

statements, including the gross sales by 

primary line of business (with as much 

product line detail as is necessary and 

feasible) of parents and affiliates in each 

country in which they have significant 

operations, and (C) related information 

regarding trade, including trade in both 

goods and services, between a parent 

and each of its affiliates and between 

each parent or affiliate and any other 

person; 

(3) Collect employment data showing 

both the number of United States and 

foreign employees of each parent and 

affiliate and the levels of compensation, 

by country, industry, and skill level; 

(4) Obtain information on tax 

payments by parents and affiliates by 

country; and 

(5) Determine, by industry and 

country, the total dollar amount of 

research and development expenditures 

by each parent and affiliate, payments 

or other compensation for the transfer of 

technology between parents and their 

affiliates, and payments or other 

compensation received by parents or 

affiliates from the transfer of technology 

to other persons. 

The benchmark survey covers the U.S. 

direct investment abroad universe, and 

is BEA’s most comprehensive survey of 

such investment in terms of subject 

matter. U.S. direct investment abroad is 

defined as the ownership or control, 

directly or indirectly, by one U.S. 

person of 10 percent or more of the 

voting securities of an incorporated 

foreign business enterprise or an 

equivalent interest in an unincorporated 

foreign business enterprise, including a 

branch. 

The purpose of the benchmark survey 

is to obtain universe data on the 

financial and operating characteristics 

of, and on positions and transactions 

between, U.S. parent companies and 

their foreign affiliates. The data are 

needed to measure the size and 

economic significance of U.S. direct 

investment abroad, measure changes in 

such investment, and assess its impact 

on the U.S. and foreign economies. 

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 would serve as 

benchmarks for the quarterly direct 

investment estimates included in the 

U.S. international transactions and 

national income and product accounts, 

and for annual estimates of the U.S. 

direct investment position abroad and of 

the operations of U.S. parent companies 

and their foreign affiliates. 

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 

sufficient to warrant preparation of a 

Federalism assessment under E.O. 

13132. 

Paperwork Reduction Act 

This proposed rule contains a 

collection-of-information requirement 

subject to review and approval by OMB 

under the PRA. The requirement will be 

submitted to OMB for approval as a 

reinstatement, with change, of a 

previously approved collection for 

which approval has expired under OMB 

control number 0608–0049. 

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–10 survey, as proposed, is 

expected to result in the filing of reports 

from approximately 3,800 respondents. 

The respondent burden for this 

collection of information will vary from 

one company to another, but is 

estimated to average 121 hours 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. 

Thus the total respondent burden for the 

2009 survey is estimated at 459,400 

hours, compared to 428,750 hours 

estimated for the previous, 2004 survey. 

The increase in burden hours is 

associated with an increase in the 

respondent universe, and is largely 

offset by changes in survey form design 

and reporting criteria and information to 

be collected. 

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. 


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Federal Register / Vol. 74, No. 188 / Wednesday, September 30, 2009 / Proposed Rules 50153 

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 (RFA), 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. A BE–10 

report is required of any U.S. company 

that had a foreign affiliate—that is, that 

had direct or indirect ownership or 

control of at least 10 percent of the 

voting stock of an incorporated foreign 

business enterprise, or an equivalent 

interest in an unincorporated foreign 

business enterprise, including a 

branch—at any time during the U.S. 

company’s 2009 fiscal year. U.S. 

companies that have direct investments 

abroad tend to be quite large, and few 

small U.S. businesses are subject to the 

reporting requirements of this survey. 

Also, U.S. businesses that meet the SBA 

small business standards tend to have 

few foreign affiliates and the foreign 

affiliates that they do own are small. 

BEA estimates that approximately 500 

of the approximately 3,800 U.S. parent 

companies that will be required to 

respond to the BE–10 benchmark survey 

are small businesses according to the 

standards established by the SBA. The 

number of items required to be reported 

for a foreign affiliate is determined by 

the size of the affiliate’s assets, sales, 

and net income. In the BE–10 survey, 

for the smallest foreign affiliates—those 

with total assets, sales or gross operating 

revenues, and net income of less than or 

equal to $25 million (positive or 

negative)—only a few selected items 

would be reported on a schedule-type 

form, Form BE–10D. To further ease the 

reporting burden on smaller U.S. 

companies, U.S. Reporters with total 

assets, sales or gross operating revenues, 

and net income less than or equal to 

$300 million (positive or negative) are 

required to report only selected items on 

the BE–10A form for U.S. Reporters, in 

addition to forms they may be required 

to file for their foreign affiliates. 

Because few small businesses are 

impacted by this rule, and because those 

small businesses that are impacted are 

subject to only minimal recordkeeping 

burdens, the Chief Counsel for 

Regulation certifies that this proposed 

rule will not have a significant 

economic impact on a substantial 

number of small entities. 

List of Subjects in 15 CFR Part 806 

Economic statistics, Multinational 

corporations, Penalties, Reporting and 

recordkeeping requirements, U.S. 

investment abroad. 

Dated: August 19, 2009. 

Rosemary D. Marcuss, 

Acting Director, Bureau of Economic 

Analysis. 

For the reasons set forth in the 

preamble, BEA proposes to revise 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 806.16 is revised to read as 

follows: 

§ 806.16 Rules and regulations for BE–10, 

Benchmark Survey of U.S. Direct 

Investment Abroad—2009. 

A BE–10, Benchmark Survey of U.S. 

Direct Investment Abroad will be 

conducted covering 2009. All legal 

authorities, provisions, definitions, and 

requirements contained in § 806.1 

through § 806.13 and § 806.14(a) 

through (d) are applicable to this survey. 

Specific additional rules and regulations 

for the BE–10 survey are given in 

paragraphs (a) through (d) of this 

section. More detailed instructions are 

given on the report forms and 

instructions. 

(a) Response required. A response is 

required from persons subject to the 

reporting requirements of the BE–10, 

Benchmark Survey of U.S. Direct 

Investment Abroad—2009, contained 

herein, whether or not they are 

contacted by BEA. Also, a person, or 

their agent, that is contacted by BEA 

about reporting in this survey, either by 

sending them a report form or by 

written inquiry, must respond in writing 

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 had no direct investment within 

the purview of the reporting 

requirements of the BE–10 survey; 

(2) Completing and returning the 

‘‘BE–10 Claim for Not Filing’’ by the due 

date of the survey; or 

(3) Filing the properly completed BE– 

10 report (comprising Form BE–10A and 

Form(s) BE–10B, BE–10C, and/or BE– 

10D) by May 28, 2010, or June 30, 2010, 

as required. 

(b) Who must report. (1) A BE–10 

report is required of any U.S. person 

that had a foreign affiliate—that is, that 

had direct or indirect ownership or 

control of at least 10 percent of the 

voting stock of an incorporated foreign 

business enterprise, or an equivalent 

interest in an unincorporated foreign 

business enterprise, including a 

branch—at any time during the U.S. 

person’s 2009 fiscal year. 

(2) If the U.S. person had no foreign 

affiliates during its 2009 fiscal year, a 

‘‘BE–10 Claim for Not Filing’’ must be 

filed by the due date of the survey; no 

other forms in the survey are required. 

If the U.S. person had any foreign 

affiliates during its 2009 fiscal year, a 

BE–10 report is required and the U.S. 

person is a U.S. Reporter in this survey. 

(3) Reports are required even if the 

foreign business enterprise was 

established, acquired, seized, 

liquidated, sold, expropriated, or 

inactivated during the U.S. person’s 

2009 fiscal year. 

(4) The amount and type of data 

required to be reported vary according 

to the size of the U.S. Reporters or 

foreign affiliates, and, for foreign 

affiliates, whether they are majorityowned or minority-owned by U.S. direct 

investors. For purposes of the BE–10 

survey, a ‘‘majority-owned’’ foreign 

affiliate is one in which the combined 

direct and indirect ownership interest of 

all U.S. parents of the foreign affiliate 

exceeds 50 percent; all other affiliates 

are referred to as ‘‘minority-owned’’ 

affiliates. 

(c) Forms to be filed.—(1) Form BE– 

10A must be completed by a U.S. 

Reporter. If the U.S. Reporter is a 

corporation, Form BE–10A is required 

to cover the fully consolidated U.S. 

domestic business enterprise. 

(i) 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 any time during the 

Reporter’s 2009 fiscal year, the U.S. 

Reporter must file a complete Form BE– 

10A. It must also file Form(s) BE–10B, 

C, and/or D, as appropriate, for its 

foreign affiliates. 

(ii) If for a U.S. Reporter none of the 

three items listed in paragraph (c)(1)(i) 

of this section was greater than $300 

million (positive or negative) at any 

time during the Reporter’s 2009 fiscal 

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

on Form BE–10A only certain items as 

designated on the form. It must also file 

Form(s) BE–10B, C, and/or D for its 

foreign affiliates. 

(2) Form BE–10B must be reported for 

each majority-owned foreign affiliate, 

whether held directly or indirectly, for 

which any of the following three 

items—total assets, sales or gross 


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50154 Federal Register / Vol. 74, No. 188 / Wednesday, September 30, 2009 / Proposed Rules 

operating revenues excluding sales 

taxes, or net income after provision for 

foreign income taxes—was greater than 

$80 million (positive or negative) at any 

time during the affiliate’s 2009 fiscal 

year. Affiliates with assets, sales, or net 

income greater than $300 million 

(positive or negative) would file 

additional items. 

(3) Form BE–10C must be reported: 

(i) For each majority-owned foreign 

affiliate, whether held directly or 

indirectly, for which any one of the 

three items listed in paragraph (c)(2) of 

this section was greater than $25 million 

but for which none of these items was 

greater than $80 million (positive or 

negative), at any time during the 

affiliate’s 2009 fiscal year, and 

(ii) For each minority-owned foreign 

affiliate, whether held directly or 

indirectly, for which any one of the 

three items listed in (c)(2) of this section 

was greater than $25 million (positive or 

negative), at any time during the 

affiliate’s 2009 fiscal year. 

(4) Form BE–10D must be reported for 

majority- or minority-owned foreign 

affiliates, whether held directly or 

indirectly, for which all of the three 

items listed in paragraph (c)(2) of this 

section were less than or equal to $25 

million (positive or negative) at any 

time during the affiliate’s 2009 fiscal 

year. Form BE–10D 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) Due date. A fully completed and 

certified BE–10 report comprising Form 

BE–10A and Form(s) BE–10B, C, and/or 

D (as required) is due to be filed with 

BEA not later than May 28, 2010 for 

those U.S. Reporters filing fewer than 

50, and June 30, 2010 for those U.S. 

Reporters filing 50 or more, foreign 

affiliate Forms BE–10B, C, and/or D. If 

the U.S. person had no foreign affiliates 

during its 2009 fiscal year, it must file 

a BE–10 Claim for Not Filing by May 28, 

2010. 

[FR Doc. E9–23586 Filed 9–29–09; 8:45 am] 

BILLING CODE 3510–06–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 49 

[EPA–R09–OAR–2009–0598; FRL–8964–2] 

Assessment of Anticipated Visibility 

Improvements at Surrounding Class I 

Areas and Cost Effectiveness of Best 

Available Retrofit Technology for Four 

Corners Power Plant and Navajo 

Generating Station: Advanced Notice 

of Proposed Rulemaking 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of extension of comment 

period. 

SUMMARY: EPA is announcing an 

extension of the public comment period 

on our Advanced Notice of Proposed 

Rulemaking (ANPR) regarding our 

assessment of anticipated visibility 

improvements at surrounding Class I 

areas and the cost effectiveness of Best 

Available Retrofit Technology (BART) 

for Four Corners Power Plant and 

Navajo Generating Station (August 28, 

2009). Through this notice, EPA extends 

the close of the ANPR comment period 

from September 28, 2009 until October 

28, 2009. 

EPA is extending the comment period 

as a result of requests from the Hopi 

Tribe and the Navajo Nation for 

additional time to comment on the 

ANPR. EPA is granting the requests 

from the Hopi Tribe and the Navajo 

Nation notwithstanding the earlier 

denials by EPA of several extension 

requests made by other stakeholders. 

The basis for those earlier denials is that 

the ANPR is not a rulemaking action 

and therefore does not make any 

decisions or propose any control 

options as BART. Additionally, the 

ANPR is limited in scope and focused 

only on variables that were used to 

model visibility improvement at the 

surrounding Class I areas and the cost 

effectiveness of different control 

options. Therefore, EPA determined that 

a 30-day comment period in advance of 

our actual proposal was adequate, as the 

ANPR by itself only seeks the submittal 

of information. However, because the 

Hopi Tribe and the Navajo Nation are 

affected tribes located in the area 

impacted by the Navajo Generating 

Station and Four Corners Power Plant, 

EPA is extending the comment period to 

provide greater opportunity for 

discussion between EPA and affected 

Tribes. EPA is also extending the public 

comment period for all other interested 

parties. 

Although the Hopi Tribe and the 

Navajo Nation requested a longer 

extension period, EPA believes a 30-day 

extension is sufficient, as there will be 

ample additional opportunity to provide 

comments once we propose our BART 

determinations for the Four Corners 

Power Plant and Navajo Generating 

Station in the near future. 

DATES: The comment period for the 

Advanced Notice of Proposed 

Rulemaking published at 74 FR 44313, 

August 28, 2009 is extended. Comments 

must be received on or before October 

28, 2009. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2009–0598, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. E-mail: lee.anita@epa.gov. 

3. Mail or deliver: Anita Lee (Air-3), 

U.S. Environmental Protection Agency 

Region IX, 75 Hawthorne Street, San 

Francisco, CA 94105–3901. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

www.regulations.gov or e-mail. 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send e-mail 

directly to EPA, your e-mail address 

will be automatically captured and 

included as part of the public comment. 

If EPA cannot read your comment due 

to technical difficulties and cannot 

contact you for clarification, EPA may 

not be able to consider your comment. 

Docket: The index to the docket for 

this ANPR is available electronically at 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Anita Lee, EPA Region IX, (415) 972– 

3958, lee.anita@epa.gov. 


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