Direct Investment Surveys: BE-10, 2009 Benchmark Survey of U.S. Direct Investment Abroad, 50150-50154 [E9-23586]
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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
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(c) From subsection (e)(1) (Relevancy
and Necessity of Information) because
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(d) From subsection (e)(2) (Collection
of Information from Individuals)
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(e) From subsection (e)(3) (Notice to
Subjects) because providing such
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otherwise confidential investigation and
thereby provide an opportunity for the
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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
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negatively affect the informant’s
usefulness in any ongoing or future
investigations and discourage members
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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
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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
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described above.
(g) From subsection (e)(5) (Collection
of Information) because in the collection
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in advance what information is
accurate, relevant, timely, and complete.
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process would pose an impossible
administrative burden on DHS and
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investigations to the fact of those
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known.
(i) From subsection (g) to the extent
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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
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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: https://
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 https://
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
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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
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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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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
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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.
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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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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
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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
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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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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]
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BILLING CODE 3510–06–P
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Jkt 217001
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
PO 00000
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Fmt 4702
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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.
E:\FR\FM\30SEP1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 188 (Wednesday, September 30, 2009)]
[Proposed Rules]
[Pages 50150-50154]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-23586]
=======================================================================
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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: https://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.
[[Page 50151]]
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 https://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
[[Page 50152]]
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.
[[Page 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:
Sec. 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 Sec. 806.1 through Sec.
806.13 and Sec. 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 Sec.
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 majority-owned 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
[[Page 50154]]
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
