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 

Federal Register / Vol. 70, No. 227 / Monday, November 28, 2005 / Rules and Regulations 71239 

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, measure changes in 

such investment, and assess its 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. 

Executive Order 12866 

This final rule has been determined 

not to be significant for purposes of E.O. 

12866. 

Executive Order 13132 

This final rule does not contain 

policies with Federalism implications 

sufficient to warrant preparation of a 

Federalism assessment under E.O. 

13132. 

Paperwork Reduction Act 

The collection-of-information 

required in this final rule has been 

approved by the Office of Management 

and Budget (OMB) under the Paperwork 

Reduction Act (PRA). 

Notwithstanding any other provisions 

of the law, no person is required to 

respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection-of-information subject 

to the requirements of the Paperwork 

Reduction Act unless that collection 

displays a currently valid OMB control 

number. The OMB control number for 

the BE–11 is 0608–0053; the collection 

will display the number. 

The survey is expected to result in the 

filing of reports from approximately 

1,500 respondents. The respondent 

burden for this collection of information 

will vary from one company to another, 

but is estimated to average 78.4 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 of the survey is 

estimated at 117,600 hours (1,500 

respondents times 78.4 hours average 

burden). 

Comments regarding the burden 

estimate or any other aspect of this 

collection of information should be 

addressed to: Director, Bureau of 

Economic Analysis (BE–1), U.S. 

Department of Commerce, Washington, 

DC 20230 (Fax: 202–606–5311); and 

Office of Management andBudget, 

O.I.R.A., Paperwork Reduction Project 

0608–0053, Attention PRA Desk Officer 

for BEA, via the Internet at 

pbugg@omb.eop.gov, or by Fax at 202–

395–7245. 

Regulatory Flexibility Act 

The Chief Counsel for Regulation, 

Department of Commerce, has certified 

to the Chief Counsel for Advocacy, 

Small Business Administration, under 

the provisions of the Regulatory 

Flexibility Act (5 U.S.C. 605(b)), that 

this rule will not have a significant 

economic impact on a substantial 

number of small entities. The factual 

basis for the certification was published 

in the proposed rule and is not repeated 

here. No comments were received 

regarding the economic impact of the 

rule. As a result, no final regulatory 

flexibility analysis was prepared. 

List of Subjects in 15 CFR Part 806 

U.S. investment abroad, Multinational 

corporations, Economic statistics, 

Penalties, Reporting and recordkeeping 

requirements. 

Dated: November 14, 2005. 

J. Steven Landefeld, 

Director, Bureau of Economic Analysis. 

■ For the reasons set forth in the 

preamble, BEA is amending 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); E.O. 12518 (3 CFR, 1985 

Comp., p. 348). 

■ 2. Section 806.14(f)(3) is revised to 

read as follows: 

§ 806.14 U.S. direct investment abroad. 

* * * * * 

(f) * * * 

(3) BE–11—Annual survey of U.S. 

Direct Investment Abroad: A report, 

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

BE–11B(LF) (Long Form), BE–11B(SF) 

(Short Form), BE–11B(EZ), and/or BE–

11C, is required of each nonbank U.S. 

Reporter that, at the end of the 

Reporter’s fiscal year, had a nonbank 

foreign affiliate reportable on Form BE–

11B(LF), (SF), (EZ), or BE–11C. 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 nonbank 

U.S. person having a foreign affiliate 

reportable on Form BE–11B(LF), (SF), 

(EZ), or BE–11C. If the U.S. Reporter is 

a corporation, Form BE–11A is required 

to cover the fully consolidated U.S. 

domestic business enterprise. However, 

where a U.S. Reporter’s primary line of 

business is not in banking (or related 

financial activities), but the Reporter 

also has ownership in a bank, banking 

activities should be included on the BE–

11A using the equity method of 

accounting. 

(A) If for a nonbank 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 $150 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(LF), (SF), 

(EZ), or BE–11C as applicable, for each 

nonexempt foreign affiliate. 

(B) If for a nonbank U.S. Reporter no 

one of the three items listed in 

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

greater than $150 million (positive or 

negative) at the end of, or for, the 

Reporters fiscal year, the U.S. Reporter 

is required to file on Form BE–11A only 

items 1 through 27 and Part IV. It must 

also file a Form BE–11B(LF), (SF), (EZ), 

or BE–11C as applicable, for each 

nonexempt foreign affiliate. 

(ii) Forms BE–11B(LF), (SF), and (EZ) 

(Report for Majority-owned Foreign 

Affiliate). 

(A) A BE–11B(LF) (Long Form) is 

required to be filed for each majorityowned nonbank foreign affiliate of a 

nonbank U.S. Reporter for which any 

one of the three items total assets, sales 

or gross operating revenues excluding 

sales taxes, or net income after 

provision for foreign income taxes was 

greater than $150 million (positive or 

negative) at the end of, or for, the 

affiliate’s fiscal year, unless the nonbank 

foreign affiliate is selected to be 

reported on Form BE–11B(EZ). 

(B) BE–11B(SF) (Short Form) is 

required to be filed for each majorityowned nonbank foreign affiliate of a 

nonbank U.S. Reporter for which any 

one of the three items listed in 

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

greater than $40 million (positive or 

negative), but for which no one of these 

items was greater than $150 million 

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

for, the affiliate’s fiscal year, unless the 

nonbank foreign affiliate is selected to 

be reported on Form BE–11B(EZ). 

(C) A BE–11B(EZ) is required be filed 

for each nonbank foreign affiliate that is 

selected to be reported on this form in 

71240 Federal Register / Vol. 70, No. 227 / Monday, November 28, 2005 / Rules and Regulations 

lieu of Form BE–11B(LF) or Form BE–

11B(SF). 

(iii) Form BE–11C (Report for 

Minority-owned Foreign Affiliate) must 

be filed for each minority-owned 

nonbank foreign affiliate that is owned 

at least 20 percent, but not more than 50 

percent, directly and/or indirectly, by 

all U.S. Reporters of the affiliate 

combined, and for which any one of the 

three items listed in paragraph 

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

than $40 million (positive or negative) 

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

year. In addition, for the report covering 

fiscal year 2007 only, a Form BE–11C 

must be filed for each minority-owned 

nonbank foreign affiliate that is owned, 

directly or indirectly, at least 10 percent 

by one U.S. Reporter, but less than 20 

percent by all U.S. Reporters of the 

affiliate combined, and for which any 

one of the three items listed in 

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

greater than $100 million (positive or 

negative) at the end of, or for, the 

affiliate’s fiscal year. 

(iv) Based on the preceding, an 

affiliate is exempt from being reported 

if it meets any one of the following 

criteria: 

(A) None of the three items listed in 

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

exceeds $40 million (positive or 

negative). (However, affiliates that were 

established or acquired during the year 

and for which at least one of these items 

was greater than $10 million but not 

over $40 million must be listed, and key 

data items reported, on a supplement 

schedule on Form BE–11A.) 

(B) For fiscal year 2007 only, it is less 

than 20 percent owned, directly or 

indirectly, by all U.S. Reporters of the 

affiliate combined and none of the three 

items listed in paragraph (f)(3)(ii)(A) of 

this section exceeds $100 million 

(positive or negative). 

(C) For fiscal years other than 2007, it 

is less than 20 percent owned, directly 

or indirectly, by all U.S. Reporters of the 

affiliate combined. 

(D) Its U.S. parent (U.S. Reporter) is 

a bank. 

(E) It is itself a bank. 

(v) Notwithstanding paragraph 

(f)(3)(iv) of this section, a Form BE–

11B(LF), (SF), (EZ) or BE–11C 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. 05–23316 Filed 11–25–05; 8:45 am] 

BILLING CODE 3510–06–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 934 

[ND–048–FOR, Amendment No. XXXV] 

North Dakota Regulatory Program 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement, Interior. 

ACTION: Final rule; approval of 

amendment. 

SUMMARY: We are approving a proposed 

amendment to the North Dakota 

regulatory program (the ‘‘North Dakota 

program’’) under the Surface Mining 

Control and Reclamation Act of 1977 

(SMCRA or the Act). North Dakota 

proposed revisions to its statute which 

reduce notice requirements associated 

with bond release applications. North 

Dakota intends to revise its program to 

improve operational efficiency. 

EFFECTIVE DATE: November 28, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Acting Field Office Director Frank 

Atencio, Telephone: 307/261–6550, email address: fatencio@osmre.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background on the North Dakota Program 

II. Submission of the Proposed Amendment 

III. Office of Surface Mining Reclamation and 

Enforcement’s (OSM) Findings 

IV. Summary and Disposition of Comments 

V. OSM’s Decision 

VI. Procedural Determinations 

I. Background on the North Dakota 

Program 

Section 503(a) of the Act permits a 

State to assume primacy for the 

regulation of surface coal mining and 

reclamation operations on non-Federal 

and non-Indian lands within its borders 

by demonstrating that its State program 

includes, among other things, ‘‘a State 

law which provides for the regulation of 

surface coal mining and reclamation 

operations in accordance with the 

requirements of this Act; and rules and 

regulations consistent with regulations 

issued by the Secretary pursuant to this 

Act.’’ See 30 U.S.C. 1253(a)(1) and (7). 

On the basis of these criteria, the 

Secretary of the Interior conditionally 

approved the North Dakota program on 

December 15, 1980. You can find 

background information on the North 

Dakota program, including the 

Secretary’s findings, the disposition of 

comments, and conditions of approval 

in the December 15, 1980, Federal 

Register (45 FR 82214). You can also 

find later actions concerning North 

Dakota’s program and program 

amendments at 30 CFR 934.15, 934.16, 

and 934.30. 

II. Submission of the Proposed 

Amendment 

By letter dated April 20, 2005, North 

Dakota sent us an amendment to its 

program (amendment number XXXV, 

Administrative Record No. ND–JJ–01) 

under SMCRA (30 U.S.C. 1201 et seq.). 

The amendment includes changes made 

at the State’s initiative. The provisions 

of its North Dakota Century Code 

(NDCC) that North Dakota proposed to 

revise are NDCC 38–14.1–17.1.a and b, 

Release of performance bond ‘‘

Schedule—Notification—Public 

hearing. 

We announced receipt of the 

proposed amendment in the July 5, 

2005, Federal Register (70 FR 38639), 

Administrative Record No. ND–JJ–07. In 

the same document, we opened the 

public comment period and provided an 

opportunity for a public hearing or 

meeting on the amendment’s adequacy. 

We did not hold a public hearing or 

meeting because no one requested one. 

The public comment period ended on 

August 4, 2005. We received one 

comment from the North Dakota State 

University. 

III. OSM’s Findings 

Following are the findings we made 

concerning the amendment under 

SMCRA and the Federal regulations at 

30 CFR 732.15 and 732.17. We are 

approving the amendment. 

A. Minor Revisions to North Dakota’s 

Statute 

North Dakota proposed minor 

wording, editorial, punctuation, 

grammatical, and recodification changes 

to the following previously-approved 

statute: NDCC 38–14.1–17.1.a and b. 

Because these changes are minor, we 

find that they will not make North 

Dakota’s statute less stringent than 

SMCRA. 

B. Revisions to North Dakota’s Statute 

That Have the Same Meaning as the 

Corresponding Provisions of SMCRA 

The following revisions to the NDCC 

proposed by North Dakota contain 

language that is the same as or similar 

to the corresponding sections of 

SMCRA. 

NDCC 38–14.1–17.1.a and b (SMCRA 

519(a)), [Release of performance bondSchedule-Notification-Public hearing] 

The first change deletes the 

requirement that the permittee publish 

newspaper notices in daily newspapers 

of general circulation in the mine’s 

locality. However, the permittee is still 

required to publish bond release