Direct Investment Surveys: BE-577, Quarterly Survey of U.S. Direct Investment Abroad-Direct Transactions of U.S. Reporter With Foreign Affiliate, 53611-53612 [2010-21833]
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Federal Register / Vol. 75, No. 169 / Wednesday, September 1, 2010 / Proposed Rules
DEPARTMENT OF COMMERCE
Bureau of Economic Analysis
15 CFR Part 806
[Docket No. 100202061–0063–01]
RIN 0691–AA75
Direct Investment Surveys: BE–577,
Quarterly Survey of U.S. Direct
Investment Abroad—Direct
Transactions of U.S. Reporter With
Foreign Affiliate
Bureau of Economic Analysis,
Commerce.
ACTION: Notice of proposed rulemaking.
AGENCY:
This proposed rule would
amend regulations of the Bureau of
Economic Analysis (BEA), Department
of Commerce, to set forth the reporting
requirements for BE–577 quarterly
survey of U.S. direct investment abroad.
The survey is conducted quarterly and
obtains sample data on transactions and
positions between U.S.-owned foreign
business enterprises and their U.S.
parents.
BEA proposes modification of items
on the survey form and in the reporting
criteria. Changes are proposed to bring
the BE–577 forms and related
instructions into conformity with the
2009 BE–10, Benchmark Survey of U.S.
Direct Investment Abroad, and to raise
the threshold for reporting.
DATES: Comments on this proposed rule
will receive consideration if submitted
in writing on or before 5 p.m. November
1, 2010.
ADDRESSES: You may submit comments,
identified by RIN 0691–AA75, 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.
Written comments regarding the
burden-hour estimates or other aspects
of the collection-of-information
hsrobinson on DSK69SOYB1PROD with PROPOSALS
SUMMARY:
VerDate Mar<15>2010
18:22 Aug 31, 2010
Jkt 220001
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 0608–0004, 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: 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
as concerns direct investment to the
Secretary of Commerce, who has
redelegated it to BEA. The BE–577
quarterly survey of U.S. direct
investment abroad is a mandatory
survey and is conducted quarterly by
BEA under the International Investment
and Trade in Services Survey Act, 22
U.S.C. 3101–3108 (the Act).
The survey is a sample survey that
collects data on transactions and
positions between U.S.-owned foreign
business enterprises and their U.S.
parents. The sample data are used to
derive quarterly universe estimates from
similar data reported in the BE–10,
Benchmark Survey of U.S. Direct
Investment Abroad, which is conducted
every five years. The data are used in
the preparation of the U.S. international
transactions accounts and national
income and product accounts. 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. BEA
will send BE–577 survey forms to
potential respondents each quarter;
responses will be due within 30 days
after the close of each fiscal quarter,
except for the final quarter of the fiscal
year, when reports will be due within
45 days.
This proposed rule would amend 15
CFR 806.14 to set forth the reporting
PO 00000
Frm 00003
Fmt 4702
Sfmt 4702
53611
requirements for the BE–577 quarterly
survey of U.S. direct investment abroad.
The Department of Commerce, as part of
its continuing effort to reduce
paperwork and respondent burden,
invites the general public and other
Federal agencies to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995, 44
U.S.C. 3501–3520 (PRA).
Description of Changes
BEA proposes to raise the threshold
for exempting entities from the
reporting requirements of BE–577 from
$40 million to $60 million and to
discontinue collecting information on
transactions classified as permanent
debt and related interest payments
between U.S. parent companies that are
banks, bank holding companies, or
financial holding companies and their
bank foreign affiliates. Recent changes
in international standards call for the
bank permanent debt previously
classified as direct investment to be
classified as other investment, for which
statistics are collected by the Treasury
Department through the Treasury
International Capital System. BEA also
proposes to change the title of Form BE–
577 to ‘‘Quarterly Survey of U.S. Direct
Investment Abroad—Transactions of
U.S. Reporter With Foreign Affiliate.’’
The exemption level was last changed
in 2006 following the 2004 Benchmark
Survey of U.S. Direct Investment
Abroad. The exemption level is stated in
terms of the foreign affiliate’s assets,
sales, and net income. U.S. parents
would be required to report for their
foreign affiliates if the foreign affiliates
have total assets, sales or gross operating
revenues, or net income greater than $60
million (positive or negative). At the
new reporting threshold, BEA would
collect about 14,500 forms per quarter,
compared to 17,500 under the previous
threshold. About 3,000 affiliates—
accounting for less than 1.5 percent of
the final universe estimates of income
and position—would drop out of the
sample and would be estimated based
on reports received on the benchmark
survey.
Survey Background
The Bureau of Economic Analysis
(BEA), U.S. Department of Commerce,
conducts the BE–577 survey under the
authority of the International
Investment and Trade in Services
Survey Act (22 U.S.C. 3101–3108),
hereinafter, ‘‘the Act.’’ Section 4(a) of the
Act (22.U.S.C. 3103(a)) provides that,
with respect to United States direct
investment abroad, the President shall,
to the extent he deems necessary and
E:\FR\FM\01SEP1.SGM
01SEP1
53612
Federal Register / Vol. 75, No. 169 / Wednesday, September 1, 2010 / Proposed Rules
feasible, conduct a regular data
collection program to secure current
information on international capital
flows and other information related to
international investment and trade in
services including (but not limited to)
such information that may be necessary
for computing and analyzing the United
States balance of payments, the
employment and taxes of United States
parents and affiliates, and the
international investment and trade in
services position of the United States.
Executive Order 12866
This proposed rule has been
determined to be not significant for
purposes of E.O. 12866.
Executive Order 13132
This proposed rule does not contain
policies with Federalism implications as
that term is defined in E.O. 13132.
hsrobinson on DSK69SOYB1PROD with PROPOSALS
Paperwork Reduction Act
This proposed rule contains a
collection-of-information requirement
subject to review and approval by the
OMB under the PRA. The requirement
has been submitted to OMB for approval
as a revision to a collection currently
approved under OMB control number
0608–0004.
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–577 survey, as proposed, is
expected to result in the filing of about
14,500 foreign affiliate reports by an
estimated 1,750 U.S. parent companies.
A parent company must file one form
per affiliate. The respondent burden for
this collection of information is
estimated to vary from one-half hour to
three hours per response, with an
average of one hour 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.
Because reports are filed 4 times per
year, 58,000 responses annually are
expected. Thus, the total annual
respondent burden of the survey is
estimated at 58,000 hours (14,500
respondents filing 4 times per year
multiplied by 1 hour average burden).
The survey’s estimated respondent
burden of 58,000 hours compares with
a total burden of 62,000 burden hours in
the current OMB inventory. The
reduction in burden is a result of raising
VerDate Mar<15>2010
18:22 Aug 31, 2010
Jkt 220001
the threshold for filing from $40 million
to $60 million.
Comments are requested concerning:
(a) Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(b) the accuracy of the burden estimate;
(c) ways to enhance the quality, utility,
and clarity of the information collected;
and (d) ways to minimize the burden of
the collection of information on the
respondents, including the use of
automated collection techniques or
other forms of information technology.
Written comments regarding the
burden-hour estimates or other aspects
of the collection of information
requirements contained in the proposed
rule should be sent to both BEA and
OMB following the instructions given in
the ADDRESSES section above.
Regulatory Flexibility Act
The Chief Counsel for Regulation,
Department of Commerce, has certified
to the Chief Counsel for Advocacy,
Small Business Administration (SBA),
under the provisions of the Regulatory
Flexibility Act (5 U.S.C. 605(b)), that
this proposed rulemaking, if adopted,
will not have a significant economic
impact on a substantial number of small
entities. Few small U.S. businesses are
subject to the reporting requirements of
this survey. U.S. companies that have
direct investments tend to be quite
large. Although the BE–577 survey does
not itself collect data on the size of the
U.S. companies that must respond, data
collected on related BEA surveys
indicate that about 200 of the estimated
1,750 U.S. parent companies that will be
required to respond to the BE–577
quarterly survey are small businesses
according to the standards established
by the SBA. The exemption level for the
BE–577 survey is set in terms of the size
of a U.S. company’s foreign affiliates
(foreign companies owned 10 percent or
more by the U.S. company); if a foreign
affiliate has total assets, sales or gross
operating revenues, or net income
greater than $60 million (positive or
negative), it must be reported. Usually,
the U.S. parent company that is required
to file the report is many times larger
than its largest foreign affiliate.
The approximately 200 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 for
the purposes of this analysis. With the
proposed increase in the exemption
level for the BE–577 survey from $40
million to $60 million (stated in terms
of the foreign affiliate’s assets, sales, and
PO 00000
Frm 00004
Fmt 4702
Sfmt 9990
net income), small U.S. businesses will
be required to file fewer reports for their
foreign affiliates than would be required
in the absence of this increase.
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, International
transactions, Penalties, Reporting and
recordkeeping requirements, U.S.
investment abroad.
J. Steven Landefeld,
Director, Bureau of Economic Analysis.
For the reasons set forth in the
preamble, BEA proposes to amend 15
CFR part 806 as follows:
PART 806—DIRECT INVESTMENT
SURVEYS
1. The authority citation for 15 CFR
part 806 continues to read as follows:
Authority: 5 U.S.C. 301; 22 U.S.C. 3101–
3108; E.O. 11961 (3 CFR, 1977 Comp., p. 86),
as amended by E.O. 12318 (3 CFR, 1981
Comp., p. 173); E.O. 12518 (3 CFR, 1985
Comp., p. 348).
2. Section 806.14(e) is revised to read
as follows:
§ 806.14
U.S. direct investment abroad.
*
*
*
*
*
(e) Quarterly report form. BE–577,
Quarterly Survey of U.S. Direct
Investment Abroad—Transactions of
U.S. Reporter With Foreign Affiliate:
One report is required for each foreign
affiliate exceeding an exemption level of
$60 million except that a report need
not be filed by a U.S. Reporter to report
direct transactions with one of its
foreign affiliates in which it does not
hold a direct equity interest unless an
intercompany balance for the quarter
exceeds $1 million.
*
*
*
*
*
[FR Doc. 2010–21833 Filed 8–31–10; 8:45 am]
BILLING CODE 3510–06–P
E:\FR\FM\01SEP1.SGM
01SEP1
Agencies
[Federal Register Volume 75, Number 169 (Wednesday, September 1, 2010)]
[Proposed Rules]
[Pages 53611-53612]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-21833]
[[Page 53611]]
=======================================================================
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DEPARTMENT OF COMMERCE
Bureau of Economic Analysis
15 CFR Part 806
[Docket No. 100202061-0063-01]
RIN 0691-AA75
Direct Investment Surveys: BE-577, Quarterly Survey of U.S.
Direct Investment Abroad--Direct Transactions of U.S. Reporter With
Foreign Affiliate
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 BE-577 quarterly survey of U.S. direct
investment abroad. The survey is conducted quarterly and obtains sample
data on transactions and positions between U.S.-owned foreign business
enterprises and their U.S. parents.
BEA proposes modification of items on the survey form and in the
reporting criteria. Changes are proposed to bring the BE-577 forms and
related instructions into conformity with the 2009 BE-10, Benchmark
Survey of U.S. Direct Investment Abroad, and to raise the threshold for
reporting.
DATES: Comments on this proposed rule will receive consideration if
submitted in writing on or before 5 p.m. November 1, 2010.
ADDRESSES: You may submit comments, identified by RIN 0691-AA75, 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.
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 0608-0004, 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: 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 as concerns
direct investment to the Secretary of Commerce, who has redelegated it
to BEA. The BE-577 quarterly survey of U.S. direct investment abroad is
a mandatory survey and is conducted quarterly by BEA under the
International Investment and Trade in Services Survey Act, 22 U.S.C.
3101-3108 (the Act).
The survey is a sample survey that collects data on transactions
and positions between U.S.-owned foreign business enterprises and their
U.S. parents. The sample data are used to derive quarterly universe
estimates from similar data reported in the BE-10, Benchmark Survey of
U.S. Direct Investment Abroad, which is conducted every five years. The
data are used in the preparation of the U.S. international transactions
accounts and national income and product accounts. 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. BEA will send BE-577 survey forms to
potential respondents each quarter; responses will be due within 30
days after the close of each fiscal quarter, except for the final
quarter of the fiscal year, when reports will be due within 45 days.
This proposed rule would amend 15 CFR 806.14 to set forth the
reporting requirements for the BE-577 quarterly survey of U.S. direct
investment abroad. The Department of Commerce, as part of its
continuing effort to reduce paperwork and respondent burden, invites
the general public and other Federal agencies to comment on proposed
and/or continuing information collections, as required by the Paperwork
Reduction Act of 1995, 44 U.S.C. 3501-3520 (PRA).
Description of Changes
BEA proposes to raise the threshold for exempting entities from the
reporting requirements of BE-577 from $40 million to $60 million and to
discontinue collecting information on transactions classified as
permanent debt and related interest payments between U.S. parent
companies that are banks, bank holding companies, or financial holding
companies and their bank foreign affiliates. Recent changes in
international standards call for the bank permanent debt previously
classified as direct investment to be classified as other investment,
for which statistics are collected by the Treasury Department through
the Treasury International Capital System. BEA also proposes to change
the title of Form BE-577 to ``Quarterly Survey of U.S. Direct
Investment Abroad--Transactions of U.S. Reporter With Foreign
Affiliate.''
The exemption level was last changed in 2006 following the 2004
Benchmark Survey of U.S. Direct Investment Abroad. The exemption level
is stated in terms of the foreign affiliate's assets, sales, and net
income. U.S. parents would be required to report for their foreign
affiliates if the foreign affiliates have total assets, sales or gross
operating revenues, or net income greater than $60 million (positive or
negative). At the new reporting threshold, BEA would collect about
14,500 forms per quarter, compared to 17,500 under the previous
threshold. About 3,000 affiliates--accounting for less than 1.5 percent
of the final universe estimates of income and position--would drop out
of the sample and would be estimated based on reports received on the
benchmark survey.
Survey Background
The Bureau of Economic Analysis (BEA), U.S. Department of Commerce,
conducts the BE-577 survey under the authority of the International
Investment and Trade in Services Survey Act (22 U.S.C. 3101-3108),
hereinafter, ``the Act.'' Section 4(a) of the Act (22.U.S.C. 3103(a))
provides that, with respect to United States direct investment abroad,
the President shall, to the extent he deems necessary and
[[Page 53612]]
feasible, conduct a regular data collection program to secure current
information on international capital flows and other information
related to international investment and trade in services including
(but not limited to) such information that may be necessary for
computing and analyzing the United States balance of payments, the
employment and taxes of United States parents and affiliates, and the
international investment and trade in services position of the United
States.
Executive Order 12866
This proposed rule has been determined to be not significant for
purposes of E.O. 12866.
Executive Order 13132
This proposed rule does not contain policies with Federalism
implications as that term is defined in E.O. 13132.
Paperwork Reduction Act
This proposed rule contains a collection-of-information requirement
subject to review and approval by the OMB under the PRA. The
requirement has been submitted to OMB for approval as a revision to a
collection currently approved under OMB control number 0608-0004.
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-577 survey, as proposed, is expected to result in the filing
of about 14,500 foreign affiliate reports by an estimated 1,750 U.S.
parent companies. A parent company must file one form per affiliate.
The respondent burden for this collection of information is estimated
to vary from one-half hour to three hours per response, with an average
of one hour 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.
Because reports are filed 4 times per year, 58,000 responses annually
are expected. Thus, the total annual respondent burden of the survey is
estimated at 58,000 hours (14,500 respondents filing 4 times per year
multiplied by 1 hour average burden). The survey's estimated respondent
burden of 58,000 hours compares with a total burden of 62,000 burden
hours in the current OMB inventory. The reduction in burden is a result
of raising the threshold for filing from $40 million to $60 million.
Comments are requested concerning: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the burden estimate; (c)
ways to enhance the quality, utility, and clarity of the information
collected; and (d) ways to minimize the burden of the collection of
information on the respondents, including the use of automated
collection techniques or other forms of information technology.
Written comments regarding the burden-hour estimates or other
aspects of the collection of information requirements contained in the
proposed rule should be sent to both BEA and OMB following the
instructions given in the ADDRESSES section above.
Regulatory Flexibility Act
The Chief Counsel for Regulation, Department of Commerce, has
certified to the Chief Counsel for Advocacy, Small Business
Administration (SBA), under the provisions of the Regulatory
Flexibility Act (5 U.S.C. 605(b)), that this proposed rulemaking, if
adopted, will not have a significant economic impact on a substantial
number of small entities. Few small U.S. businesses are subject to the
reporting requirements of this survey. U.S. companies that have direct
investments tend to be quite large. Although the BE-577 survey does not
itself collect data on the size of the U.S. companies that must
respond, data collected on related BEA surveys indicate that about 200
of the estimated 1,750 U.S. parent companies that will be required to
respond to the BE-577 quarterly survey are small businesses according
to the standards established by the SBA. The exemption level for the
BE-577 survey is set in terms of the size of a U.S. company's foreign
affiliates (foreign companies owned 10 percent or more by the U.S.
company); if a foreign affiliate has total assets, sales or gross
operating revenues, or net income greater than $60 million (positive or
negative), it must be reported. Usually, the U.S. parent company that
is required to file the report is many times larger than its largest
foreign affiliate.
The approximately 200 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 for the purposes of this
analysis. With the proposed increase in the exemption level for the BE-
577 survey from $40 million to $60 million (stated in terms of the
foreign affiliate's assets, sales, and net income), small U.S.
businesses will be required to file fewer reports for their foreign
affiliates than would be required in the absence of this increase.
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, International transactions, Penalties,
Reporting and recordkeeping requirements, U.S. investment abroad.
J. Steven Landefeld,
Director, Bureau of Economic Analysis.
For the reasons set forth in the preamble, BEA proposes to amend 15
CFR part 806 as follows:
PART 806--DIRECT INVESTMENT SURVEYS
1. The authority citation for 15 CFR part 806 continues to read as
follows:
Authority: 5 U.S.C. 301; 22 U.S.C. 3101-3108; E.O. 11961 (3
CFR, 1977 Comp., p. 86), as amended by E.O. 12318 (3 CFR, 1981
Comp., p. 173); E.O. 12518 (3 CFR, 1985 Comp., p. 348).
2. Section 806.14(e) is revised to read as follows:
Sec. 806.14 U.S. direct investment abroad.
* * * * *
(e) Quarterly report form. BE-577, Quarterly Survey of U.S. Direct
Investment Abroad--Transactions of U.S. Reporter With Foreign
Affiliate: One report is required for each foreign affiliate exceeding
an exemption level of $60 million except that a report need not be
filed by a U.S. Reporter to report direct transactions with one of its
foreign affiliates in which it does not hold a direct equity interest
unless an intercompany balance for the quarter exceeds $1 million.
* * * * *
[FR Doc. 2010-21833 Filed 8-31-10; 8:45 am]
BILLING CODE 3510-06-P