Federal Register / Vol. 70, No. 227 / Monday, November 28, 2005 / Rules and Regulations 71237 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2005–22399; Airspace 

Docket No. 05–AAL–27] 

RIN 2120–AA66 

Modification of the Norton Sound Low 

Offshore Airspace Area; AK 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends the 

Norton Sound Low airspace area, AK. 

Specifically, this action modifies the 

Norton Sound Low airspace area in the 

vicinity of the Deering Airport, AK, by 

lowering the controlled airspace floor to 

1,200 feet mean sea level (MSL) and 

expanding the area to a 45-nautical mile 

(NM) radius of the airport. The FAA is 

taking this action to provide additional 

controlled airspace for aircraft 

instrument operations at the Deering 

Airport. 

EFFECTIVE DATE: 0901 UTC, February 16, 

2006. 

FOR FURTHER INFORMATION CONTACT: Ken 

McElroy, Airspace and Rules, Office of 

System Operations Airspace and AIM, 

Federal Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone: (202) 

267–8783. 

SUPPLEMENTARY INFORMATION: 

History 

On September 21, 2005, the FAA 

published in the Federal Register a 

notice of proposed rulemaking to 

modify the Norton Sound Low Offshore 

Airspace Area in Alaska (70 FR 55325). 

Interested parties were invited to 

participate in this rulemaking effort by 

submitting written comments on the 

proposal. No comments were received. 

A review of the airspace configuration at 

Nome, Alaska, revealed that an 

exclusion for the Nome Class E airspace 

was not needed; this resulted in a minor 

change to the legal description of the 

Norton Sound Low area, which removed 

the exclusion for the Nome, Alaska, 

Class E airspace. 

Norton Sound Low airspace areas are 

published in paragraph 6007 of FAA 

Order 7400.9N dated September 1, 2005, 

and effective September 15, 2005, which 

is incorporated by reference in 14 CFR 

71.1. The Norton Sound Low airspace 

area listed in this document will be 

published subsequently in the order. 

The Rule 

This action amends to Title 14 Code 

of Federal Regulations (14 CFR) part 71 

to modify the Norton Sound Low 

airspace area, AK, by lowering the floor 

to 1,200 feet MSL within a 45-NM 

radius of Deering Airport, AK. This 

action establishes controlled airspace to 

support instrument flight rules 

operations at Deering Airport. The FAA 

Instrument Flight Procedures 

Production and Maintenance Branch 

has developed four new instrument 

approach procedures for the Deering 

Airport. New controlled airspace 

extending upward from 1,200 feet MSL 

above the surface in international 

airspace is created by this action. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. Therefore, this regulation: (1) Is 

not a ‘‘significant regulatory action’’

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under Department of 

Transportation (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 rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

ICAO Considerations 

As part of this action relates to 

navigable airspace outside the United 

States, this notice is submitted in 

accordance with the International Civil 

Aviation Organization (ICAO) 

International Standards and 

Recommended Practices. 

The application of International 

Standards and Recommended Practices 

by the FAA, Office of System 

Operations Airspace and AIM, Airspace 

& Rules, in areas outside the United 

States domestic airspace, is governed by 

the Convention on International Civil 

Aviation. Specifically, the FAA is 

governed by Article 12 and Annex 11, 

which pertain to the establishment of 

necessary air navigational facilities and 

services to promote the safe, orderly, 

and expeditious flow of civil air traffic. 

The purpose of Article 12 and Annex 11 

is to ensure that civil aircraft operations 

on international air routes are 

performed under uniform conditions. 

The International Standards and 

Recommended Practices in Annex 11 

apply to airspace under the jurisdiction 

of a contracting state, derived from 

ICAO. Annex 11 provisions apply when 

air traffic services are provided and a 

contracting state accepts the 

responsibility of providing air traffic 

services over high seas or in airspace of 

undetermined sovereignty. 

A contracting state accepting this 

responsibility may apply the 

International Standards and 

Recommended Practices that are 

consistent with standards and practices 

utilized in its domestic jurisdiction. 

In accordance with Article 3 of the 

Convention, state-owned aircraft are 

exempt from the Standards and 

Recommended Practices of Annex 11. 

The United States is a contracting state 

to the Convention. Article 3(d) of the 

Convention provides that participating 

state aircraft will be operated in 

international airspace with due regard 

for the safety of civil aircraft. Since this 

action involves, in part, the designation 

of navigable airspace outside the United 

States, the Administrator consulted with 

the Secretary of State and the Secretary 

of Defense in accordance with the 

provisions of Executive Order 10854. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1E, Policies and Procedures 

for Considering Environmental Impacts. 

This airspace action is not expected to 

cause any potentially significant 

environmental impacts, and no 

extraordinary circumstances exist that 

warrant preparation of an 

environmental assessment. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

■ In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND 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 FAA Order 7400.9N, 

Airspace Designations and Reporting 

71238 Federal Register / Vol. 70, No. 227 / Monday, November 28, 2005 / Rules and Regulations 

Points, dated September 1, 2005, and 

effective September 15, 2005, is 

amended as follows: 

Paragraph 6007—Offshore Airspace Areas. 

* * * * * 

Norton Sound Low, AK [Amended] 

That airspace extending upward from 

1,200 MSL within a 45-mile radius of the 

Deering Airport, Alaska, and airspace 

extending upward from 14,500 feet MSL 

within an area bounded by a line beginning 

at Lat. 59°59′57′′ N., long. 168°00′08′′ W.; to 

Lat. 62°35′00′′ N., long. 175°00′00′′ W.; to Lat. 

65°00′00′′ N., long. 168°58′23′′ W.; to Lat. 

68°00′00′′ N., long. 168°58′23′′ W.; to a point 

12 miles offshore at Lat. 68°00′00′′ N.; thence 

by a line 12 miles from and parallel to the 

shoreline to Lat. 56°42′59′′ N., long. 

160°00′00′′ W.; to Lat. 58°06′57′′ N., long. 

160°00′00′′ W.; to Lat. 57°45′57′′ N., long. 

161°46′08′′ W.; to the point of beginning, 

excluding that portion that lies within Class 

E airspace above 14,500 feet MSL, Federal 

airways and the Nome and Kotzebue, AK, 

Class E airspace areas. 

* * * * * 

Issued in Washington, DC, on November 

17, 2005. 

Edith V. Parish, 

Manager, Airspace and Rules. 

[FR Doc. 05–23306 Filed 11–25–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Economic Analysis 

15 CFR Part 806 

[Docket No. 050726200–5305–2] 

RIN 0691–AA58 

Direct Investment Surveys: BE–11, 

Annual Survey of U.S. Direct 

Investment Abroad 

AGENCY: Bureau of Economic Analysis, 

Commerce. 

ACTION: Final rule. 

SUMMARY: This final rule amends 

regulations of the U.S. Department of 

Commerce, Bureau of Economic 

Analysis (BEA), for the BE–11, Annual 

Survey of U.S. Direct Investment 

Abroad. 

The BE–11 survey is conducted 

annually and is a sample survey that 

obtains financial and operating data 

covering the overall operations of 

nonbank U.S. parent companies and 

their nonbank foreign affiliates. To 

address the current needs of data users 

while at the same time keeping the 

respondent burden as low as possible, 

BEA is modifying, adding, or deleting 

items on the survey forms and in the 

reporting criteria. Most of the changes 

will bring the BE–11 forms and related 

instructions into conformity with the 

2004 BE–10, Benchmark Survey of U.S. 

Direct Investment Abroad. 

DATES: This final rule will be effective 

December 28, 2005. 

FOR FURTHER INFORMATION CONTACT: Obie 

G. Whichard, Chief, International 

Investment Division (BE–50), Bureau of 

Economic Analysis, U.S. Department of 

Commerce, Washington, DC 20230; 

phone (202) 606–9890 or e-mail 

(obie.whichard@bea.gov). 

SUPPLEMENTARY INFORMATION: In the 

August 22, 2005, Federal Register, 70 

FR 48920–48923, BEA published a 

notice of proposed rulemaking setting 

forth revised reporting requirements for 

the BE–11, Annual Survey of U.S. Direct 

Investment Abroad. No comments on 

the proposed rule were received. Thus, 

the proposed rule is adopted without 

change. This final rule amends 15 CFR 

806.14 to set forth the reporting 

requirements for the BE–11, Annual 

Survey of U.S. Direct Investment 

Abroad. 

Description of Changes 

The BE–11, Annual Survey of U.S. 

Direct Investment Abroad, is a 

mandatory survey and is conducted 

annually by BEA under the 

International Investment and Trade in 

Services Survey Act (22 U.S.C. 3101–

3108), hereinafter, the Act. BEA will 

send the survey to potential respondents 

in March of each year; responses will be 

due by May 31. 

This final rule: (1) Increases the 

exemption level for reporting on the 

BE–11B(SF) form and BE–11C form 

from $30 million to $40 million; (2) 

increases the exemption level for 

reporting on the BE–11B(LF) form from 

$100 million to $150 million; and (3) 

increases the exemption level for 

reporting only selected items on Form 

BE–11A from $100 million to $150 

million. In addition to certain 

identification items, U.S. Reporters with 

total assets, sales or gross operating 

revenues, and net income (loss) less 

than or equal to $150 million report 

only selected items on the BE–11A 

report. In conjunction with the increase 

in the exemption level for reporting on 

Forms BE–11B(SF) and BE–11C, a 

schedule on Form BE–11A is introduced 

for reporting a few data items for 

affiliates with assets, sales, and net 

income between $10 million and $40 

million that were established or 

acquired during the year. The foreign 

affiliate exemption level is the level of 

a foreign affiliate’s assets, sales, or net 

income below which a Form BE–

11B(LF), BE–11B(SF), or BE–11C is not 

required. 

In addition to the changes in reporting 

criteria mentioned above, BEA is 

introducing a statistical sampling 

procedure that utilizes a new BE–

11B(EZ) form. This form provides a few 

basic indicators for non-sample foreign 

affiliates that can be used as a basis for 

estimating data that otherwise would 

have to be reported on the lengthier BE–

11B(LF) and BE–11B(SF) forms. 

BEA is introducing a few changes to 

the report forms themselves. BEA is 

adding questions to the BE–11A form, 

BE–11B(LF) form, and BE–11B(SF) form 

to bring the annual survey into 

conformity with the BE–10 benchmark 

survey. BEA is collecting detail on: (1) 

The broad occupational structure of 

employment, (2) premiums earned and 

claims paid by U.S. Reporters and 

foreign affiliates operating in the 

insurance industry, and (3) goods 

purchased for resale for U.S. Reporters 

and foreign affiliates operating in the 

wholesale and retail trade industries. In 

addition, BEA is expanding the 

ownership section on the BE–11B(LF) 

and (SF) forms to include components 

that are collected on the benchmark 

survey and to add a retained earnings 

reconciliation section on the BE–

11B(LF) form similar to that on the 

benchmark survey. 

Survey Background 

The Bureau of Economic Analysis 

(BEA), U.S. Department of Commerce, 

will conduct the survey under the 

International Investment and Trade in 

Services Survey Act (22 U.S.C. 3101–

3108), hereinafter, the Act. Section 4(a) 

of the Act 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 financial 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. 

In Section 3 of Executive Order 

11961, the President delegated authority 

granted under the Act as concerns direct 

investment to the Secretary of 

Commerce, who has redelegated it to 

BEA. The annual survey of U.S. direct 

investment abroad is a sample survey 

that provides a variety of measures of 

the overall operations of U.S. parent