Federal Register / Vol. 75, No. 181 / Monday, September 20, 2010 / Proposed Rules 57217 

Persons interested in being placed on 

a mailing list for future NPRM’s should 

contact the FAA’s Office of Rulemaking, 

(202) 267–9677, to request a copy of 

Advisory Circular No. 11–2A, Notice of 

Proposed Rulemaking distribution 

System, which describes the application 

procedure. 

The Proposal 

The FAA is considering an 

amendment to Title 14, Code of Federal 

Regulations (14 CFR) part 71 to establish 

Class E airspace at Bamberg, SC to 

provide controlled airspace required to 

support the SIAPs developed for 

Bamberg County Airport. Class E 

airspace extending upward from 700 

feet above the surface would be 

established for the safety and 

management of IFR operations. 

Class E airspace designations are 

published in Paragraph 6005 of FAA 

order 7400.9U, signed August 18, 2010, 

and effective September 15, 2010, which 

is incorporated by reference in 14 CFR 

71.1. The Class E airspace designation 

listed in this document will be 

published subsequently in the Order. 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. It, 

therefore, (1) is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866; (2) is not a ‘‘significant 

rule’’ under DOT Regulatory Policies 

and Procedures (44 FR 11034; February 

26, 1979); and (3) does not warrant 

preparation of a Regulatory Evaluation 

as the anticipated impact is so minimal. 

Since this is a routine matter that will 

only affect air traffic procedures and air 

navigation, it is certified that this 

proposed rule, when promulgated, 

would not have a significant economic 

impact on a substantial number of small 

entities under the criteria of the 

Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. This proposed 

rulemaking is promulgated under the 

authority described in subtitle VII, part, 

A, subpart I, section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This proposed regulation is 

within the scope of that authority as it 

would establish Class E airspace at 

Bamberg County Airport, Bamberg, SC. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (Air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND CLASS E AIRSPACE 

AREAS; AIR TRAFFIC SERVICE 

ROUTES; AND REPORTING POINTS 

1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(g); 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

2. The incorporation by reference in 

14 CFR 71.1 of Federal Aviation 

Administration Order 7400.9U, 

Airspace Designations and Reporting 

Points, signed August 18, 2010, effective 

September 15, 2010, is amended as 

follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward from 700 feet or More 

Above the Surface of the Earth. 

* * * * * 

ASO SC E5 Bamberg, SC [NEW] 

Bamberg County Airport, SC 

(Lat. 33°18′16′′ N., long. 81°06′30′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.3-mile 

radius of the Bamberg County Airport. 

Issued in College Park, Georgia, on 

September 7, 2010. 

Myron A. Jenkins, 

Acting Manager, Operations Support Group, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. 2010–23400 Filed 9–17–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Economic Analysis 

15 CFR Part 806 

[Docket No. 100217100–0362–01] 

RIN 0691–AA74 

Direct Investment Surveys: BE–11, 

Annual 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 Department of 

Commerce’s Bureau of Economic 

Analysis (BEA) to set forth the reporting 

requirements for the BE–11, Annual 

Survey of U.S. Direct Investment 

Abroad. The survey is conducted 

annually and is a sample survey that 

obtains financial and operating data 

covering the overall operations of U.S. 

parent companies and their foreign 

affiliates. BEA proposes to amend the 

BE–11 forms and instructions to bring 

them into conformity with the 2009 BE– 

10, Benchmark Survey of U.S. Direct 

Investment Abroad. These amendments 

include changes in form design and 

reporting thresholds, as well as changes 

in the data items collected. The 

proposed changes also include a change 

in the reporting criteria for foreign 

affiliates with U.S. Parent (U.S. 

Reporter) ownership between 10 and 20 

percent. 

DATES: Comments on this proposed rule 

will receive consideration if submitted 

in writing on or before 5 p.m. November 

19, 2010. 

ADDRESSES: You may submit comments, 

identified by RIN 0691–AA74, 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 Keyword or ID, enter ‘‘EAB–2010– 

0002.’’ 

• 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 0608–0053, 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. 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1
57218 Federal Register / Vol. 75, No. 181 / Monday, September 20, 2010 / Proposed Rules 

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 (enter 

N/A in required fields if you wish to 

remain anonymous). Attachments to 

electronic comments will be accepted in 

Microsoft Word, Excel, WordPerfect, or 

Adobe portable document file (pdf) 

formats only. 

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: 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–11 survey of U.S. direct 

investment abroad is a mandatory 

annual survey conducted by BEA under 

the International Investment and Trade 

in Services Survey Act, 22 U.S.C. 3101– 

3108 (the Act). 

The survey is a sample survey that 

collects information on a variety of 

measures of the overall operations of 

U.S. parent companies and their foreign 

affiliates, including total assets, sales, 

net income, employment and employee 

compensation, research and 

development expenditures, and exports 

and imports of goods. The sample data 

are used to derive universe estimates in 

nonbenchmark years from similar data 

reported in the BE–10, Benchmark 

Survey of U.S. Direct Investment 

Abroad, which is taken every five years. 

The data are needed to measure the size 

and economic significance of direct 

investment abroad, to measure the 

changes in such investment, and to 

assess their impact on the U.S. and 

foreign economies. The data are 

disaggregated by country and industry 

of the foreign affiliate and by industry 

of the U.S. parent. BEA sends survey 

forms to potential respondents in March 

of each year; responses are due by May 

31. 

This proposed rule would amend 15 

CFR 806.14 to set forth the reporting 

requirements for the BE–11, Annual 

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, 44 

U.S.C. 3501–3520 (PRA). 

Description of Changes 

The proposed changes revise the 

regulations for the BE–11 survey and 

bring the BE–11 forms and instructions 

into conformity with the 2009 BE–10, 

Benchmark Survey of U.S. Direct 

Investment Abroad. These amendments 

include changes in reporting thresholds 

and data items collected, as well as 

changes in form design. Several of these 

amendments are part of a larger program 

to align the data collection program for 

multinationals with available resources. 

BEA is also proposing to expand the use 

of sampling to help align the data 

collection program with resources. 

Beginning with the 2010 annual 

survey, if this proposed rule is made 

final, U.S. Reporters would report data 

on all their foreign affiliates, regardless 

of industry, on one of four foreign 

affiliate forms—BE–11B, BE–11C, BE– 

11D, or BE–11E. Data on foreign 

affiliates of U.S. Reporters that are 

banks, bank holding companies, or 

financial holding companies would be 

collected on the same survey forms as 

data on other foreign affiliates. All U.S. 

Reporters would report data on all 

domestic operations, on a fully 

consolidated basis, on Form BE–11A, 

Report for U.S. Reporter. Also, under 

the proposed rule, U.S. Reporters with 

total assets, sales or gross operating 

revenues, or net incomes less than or 

equal to $300 million would be required 

to report only certain items on Form 

BE–11A. This reporting threshold is an 

increase from the previous threshold of 

$225 million. 

Additionally, BEA proposes to require 

U.S. Reporters to file reports annually 

for foreign affiliates in which they own 

a 10 to 20 percent voting interest. These 

affiliates, some of which are very large, 

fall under both U.S. and international 

definitions for foreign direct investment 

and must be represented in the 

statistics, but in the past they have been 

required to be reported in the annual 

survey only in the third year following 

a benchmark survey. Annual reporting 

will ensure that the activities of these 

affiliates are accurately reflected in the 

statistics derived from the survey. 

As the survey is proposed, the four 

foreign affiliate forms are— 

(a) Form BE–11B—Report for 

majority-owned foreign affiliates with 

total assets, sales or gross operating 

revenues, or net income greater than $60 

million, positive or negative; filing of 

additional items would be required for 

affiliates with assets, sales, or net 

income greater than $300 million, 

positive or negative. (For 2008, this 

threshold was $250 million.) Form BE– 

11B would replace 2008 annual survey 

Forms BE–11B(LF) long form, BE– 

11B(SF) short form, and BE–11B(FN) for 

reporting majority-owned foreign 

affiliates. The proposed reporting 

threshold on the 2010 BE–11B form is 

$60 million, unchanged from that for 

reporting the smallest foreign affiliates 

on the 2008 BE–11B forms; 

(b) Form BE–11C—Report for 

minority-owned foreign affiliates with 

total assets, sales or gross operating 

revenues, or net income greater than $60 

million, positive or negative. This 

threshold is unchanged from that on the 

2008 BE–11C form; 

(c) Form BE–11D—Schedule for 

foreign affiliates established or acquired 

by the U.S. Reporter during the current 

reporting year 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 $60 million, 

positive or negative. Form BE–11D 

would replace the 2008 BE–11A 

Supplement A schedule for reporting 

newly established or acquired foreign 

affiliates. The reporting threshold would 

increase from $10 million to $25 

million; and 

(d) Form BE–11E—Report for foreign 

affiliates selected by BEA to be reported 

on this form in lieu of Form BE–11B. 

Form BE–11E would replace 2008 Form 

BE–11B(EZ). BEA would statistically 

divide into panels, affiliates with total 

assets, sales or gross operating revenues, 

and net income (positive or negative) 

between $60 million and $300 million. 

At the direction of BEA, U.S. Reporters 

would alternate reporting these affiliates 

on Form BE–11B and Form BE–11E. 

A Form BE–11B, BE–11C, or BE–11E 

must be filed for a foreign affiliate of the 

U.S. Reporter that owns another nonexempt foreign affiliate even if the 

foreign affiliate parent is otherwise 

exempt. That is, all affiliates upward in 

the chain of ownership must be 

reported. 

In addition to the changes in the 

reporting criteria, BEA proposes adding, 

combining, or deleting some items on 

the annual survey forms. Specifically, 

BEA proposes to no longer collect 

selected balance sheet items—cash, 

other current assets, other noncurrent 

assets, other current liabilities and longterm debt, and other noncurrent 

liabilities—as separate items. BEA also 

proposes to discontinue collecting a 

breakdown of the number of employees 

and amount of employee compensation 

by occupational classification; the 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1
Federal Register / Vol. 75, No. 181 / Monday, September 20, 2010 / Proposed Rules 57219 

composition of external finances; and 

wholesale and retail trade items 

(specifically, the cost of goods 

purchased for resale and inventory of 

goods purchased for resale). 

BEA also proposes to add several 

items. First, BEA proposes to add an 

item on Form BE–11C to collect total 

liabilities. This information will enable 

BEA to calculate equity positions in 

minority-owned affiliates. BEA proposes 

to add an item on Form BE–11E to 

collect property, plant, and equipment 

expenditures, which is one of three key 

indicators that BEA publishes in its 

advance summary estimates of 

operations of U.S. multinational 

companies. BEA also proposes to add a 

schedule on Form BE–11B to collect a 

list of foreign affiliates in which the 

affiliate being reported has a direct 

equity interest, but which are not fully 

consolidated into the reported foreign 

affiliate. Completion of this list would 

be required only for foreign affiliates 

with total assets, sales or gross operating 

revenues, or net income greater than 

$300 million at the end of, or for, the 

fiscal year. Previously this schedule has 

been collected only once every five 

years on the BE–10 benchmark survey. 

However, ownership structures of 

multinational companies change 

frequently, and more frequent data 

collection is required to track them 

accurately. 

The proposed changes to the BE–11A, 

U.S. Reporter annual survey form, 

largely parallel the above-described 

changes to the foreign affiliate forms. 

For the BE–11A, BEA proposes to no 

longer collect the breakdown of number 

of employees and amount of employee 

compensation by occupational 

classification and to no longer collect 

wholesale and retail trade items 

(specifically, the cost of goods 

purchased for resale and inventory of 

goods purchased for resale). BEA also 

proposes to add a question to Form BE– 

11A that was introduced in the most 

recent BE–10 benchmark survey, asking 

if the Reporter is a bank. In addition, 

BEA proposes to add questions to the 

form to collect information on assets, 

liabilities, and interest receipts and 

payments that are related to banking 

activities. 

Survey Background 

The BEA conducts the BE–11 survey 

under the authority of the International 

Investment and Trade in Services 

Survey Act (22 U.S.C. 3101–3108), 

hereinafter, ‘‘the Act.’’ Section 4(a) of the 

Act (22 U.S.C. 3103(a)) requires that, 

with respect to United States direct 

investment abroad, the President shall, 

to the extent he deems 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 and trade in 

services position of the United States. 

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 

revision to a collection currently 

approved under OMB control number 

0608–0053. 

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–11 survey, as proposed, is 

expected to result in the filing of reports 

from approximately 1,750 respondents, 

which is an increase from the 1,550 

respondents that were required to file 

reports for the 2008 BE–11 annual 

survey. The respondent burden for this 

collection of information will vary from 

one company to another, but is 

estimated to average 86 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. 

The total respondent burden of the 

proposed survey is estimated at 150,550 

hours, which is a decrease from the 

153,800 hours estimated for the 2008 

BE–11 annual survey. The decrease in 

overall burden is due to a decrease in 

the estimated average hours per 

response that resulted from the 

proposed changes in reporting 

requirements. 

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 (SBA), 

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. 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. SBA size standards are for 

the most part expressed in either 

number of employees or average annual 

receipts. SBA has established two 

widely used size standards—500 

employees for most manufacturing and 

mining industries, and $7 million in 

average annual receipts (i.e., sales or 

gross operating revenues) for most 

nonmanufacturing industries. 

BEA estimates that of the 1,750 U.S. 

parent companies that will be required 

to respond to the BE–11 annual survey, 

approximately 200 (or 10%) of them are 

small businesses as defined by the SBA. 

The proposed changes in reporting 

requirements would limit the amount of 

information that would be reported on 

Form BE–11A by U.S. Reporters with 

total assets, sales or gross operating 

revenues, and net income less than or 

equal to $300 million (positive or 

negative). In addition, 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. 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. The smallest foreign 

affiliates would be reported on an 

abbreviated Form BE–11B. The 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1
57220 Federal Register / Vol. 75, No. 181 / Monday, September 20, 2010 / Proposed Rules 

estimated burden hours for a small 

business is about 10 to 25 hours. 

Because a substantial number of small 

businesses are not 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. 

J. Steven Landefeld, 

Director, Bureau of Economic Analysis. 

For the 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. Revise paragraphs (b)(1) and (f)(3) 

of § 806.14 to read as follows: 806.14 

U.S. direct investment abroad. 

* * * * * 

(b) * * * 

(1) The affiliates are in the same BEA 

4-digit industry as defined in the Guide 

to Industry Classifications for 

International Surveys, 2007; or 

* * * * * 

(f) * * * 

(3) BE–11—Annual Survey of U.S. 

Direct Investment Abroad: A report, 

consisting of Form BE–11A and Form(s) 

BE–11B, BE–11C, BE–11D and/or BE– 

11E, is required of each U.S. Reporter 

that, at the end of the Reporter’s fiscal 

year, had a foreign affiliate reportable on 

Form BE–11B, BE–11C, BE–11D or BE– 

11E. Forms required and the criteria for 

reporting on each are as follows: 

(i) Form BE–11A (Report for U.S. 

Reporter) must be filed by each U.S. 

person having a foreign affiliate 

reportable on Form BE–11B, BE–11C, 

BE–11D or BE–11E. If the U.S. Reporter 

is a corporation, Form BE–11A is 

required to cover the fully consolidated 

U.S. domestic business enterprise. 

(A) 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 the end of, or for, the 

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

must file a complete Form BE–11A. It 

must also file a Form BE–11B, BE–11C, 

BE–11D or BE–11E, as applicable, for 

each nonexempt foreign affiliate. 

(B) If for a U.S. Reporter no one of the 

three items listed in paragraph 

(f)(3)(i)(A) of this section was greater 

than $300 million (positive or negative) 

at the end of, or for, the Reporter’s fiscal 

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

on Form BE–11A only items 1 through 

26 and Part IV. It must also file a Form 

BE–11B, BE–11C, BE–11D, or BE–11E as 

applicable, for each nonexempt foreign 

affiliate. 

(ii) Forms BE–11B, BE–11C, BE–11D, 

and BE–11E (Report for Foreign 

Affiliate). 

(A) Form BE–11B must be reported for 

each majority-owned foreign affiliate, 

whether held directly or indirectly, for 

which any one of the following three 

items—total assets, sales or gross 

operating revenues excluding sales 

taxes, or net income after provision for 

foreign income taxes—was greater than 

$60 million (positive or negative) at the 

end of, or for, the affiliate’s fiscal year, 

unless the foreign affiliate is selected to 

be reported on Form BE–11E. 

(B) Form BE–11C must be reported for 

each minority-owned foreign affiliate, 

whether held directly or indirectly, for 

which any one of the three items listed 

in paragraph (f)(3)(ii)(A) of this section 

was greater than $60 million (positive or 

negative) at the end of, or for, the 

affiliate’s fiscal year. 

(C) Form BE–11D must be reported for 

majority- or minority-owned foreign 

affiliates, whether held directly or 

indirectly, established or acquired 

during the year for which any one of the 

three items listed in paragraph 

(f)(3)(ii)(A) of this section was greater 

than $25 million (positive or negative), 

but for which no one of these items was 

greater than $60 million (positive or 

negative), at the end of, or for, the 

affiliate’s fiscal year. Form BE–11D 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) Form BE–11E must be reported for 

each foreign affiliate that is selected by 

BEA to be reported on this form in lieu 

of Form BE–11B. BEA statistically 

divides into panels, affiliates for which 

any one of the three items listed in 

paragraph (f)(3)(ii)(A) of this section was 

greater than $60 million (positive or 

negative), but for which no one of these 

items was greater than $300 million 

(positive or negative), at the end of, or 

for, the affiliate’s fiscal year. At the 

direction of BEA, U.S. Reporters would 

alternate reporting these affiliates on 

Form BE–11B and Form BE–11E. 

(iii) Based on the preceding, an 

affiliate is exempt from being reported 

if none of the three items listed in 

paragraph (f)(3)(ii)(A) of this section 

exceeds $60 million (positive or 

negative). However, affiliates that were 

established or acquired during the year 

and for which at least one of the items 

was greater than $25 million but not 

over $60 million must be listed, and key 

items reported, on schedule-type form 

BE–11D. 

(iv) Notwithstanding paragraph 

(f)(3)(iii) of this section, a Form BE–11B, 

BE–11C, or BE–11E must be filed for a 

foreign affiliate of the U.S. Reporter that 

owns another non-exempt foreign 

affiliate of that U.S. Reporter, even if the 

foreign affiliate parent is otherwise 

exempt. That is, all affiliates upward in 

the chain of ownership must be 

reported. 

* * * * * 

[FR Doc. 2010–23428 Filed 9–17–10; 8:45 am] 

BILLING CODE 3510–06–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 51 

[EPA–HQ–OAR–2008–0462, FRL–9203–5] 

RIN 2060–AP30 

Rule To Implement the 1997 8-Hour 

Ozone National Ambient Air Quality 

Standard: New Source Review AntiBacksliding Provisions for Former 1- 

Hour Ozone Standard—Public Hearing 

Notice 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of public hearing. 

SUMMARY: The EPA is announcing a 

public hearing to be held for the 

proposed ‘‘Rule to Implement the 1997 

8-Hour Ozone National Ambient Air 

Quality Standard: New Source Review 

Anti-Backsliding Provisions for Former 

1-Hour Ozone Standard’’ which 

published in the Federal Register on 

August 24, 2010. The hearing will be 

held on Tuesday, October 12, 2010, in 

Washington, DC. 

DATES: The public hearing will be held 

on October 12, 2010. 

ADDRESSES: The October 12, 2010, 

hearing will be held at the EPA Ariel 

Rios North building, Room 1332, 1200 

Pennsylvania Avenue, Washington, DC 

20460. The public hearing will convene 

at 9 a.m. (eastern daylight time) and 

continue until 2 p.m. EPA will 

accommodate speakers later than 2 p.m. 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1