Unknown. Final rule

4,116 words·~19 min read·/register/2010/06/22/2010-14996·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2010-06-22.xml --- 75 119 Tuesday, June 22, 2010 Contents Agricultural Agricultural Research Service NOTICES Intent to Grant Partially Exclusive License, 35439 2010-15049 Agriculture Agriculture Department See Agricultural Research Service See Grain Inspection, Packers and Stockyards Administration See National Agricultural Statistics Service See Rural Housing Service Architectural Architectural and Transportation Barriers Compliance Board NOTICES Medical Diagnostic Equipment Accessibility Standards, 35439-35440 2010-15082 Centers Centers for Disease Control and Prevention NOTICES Meetings:

Advisory Board on Radiation and Worker Health, National Institute for Occupational Safety and Health, 35496-35497 2010-15016 Updated Guidance: Prevention Strategies for Seasonal Influenza in Healthcare Settings, 35497-35503 2010-15015 Children Children and Families Administration NOTICES Grants: Basic Center Program, 35460-35478 2010-14794 Street Outreach Program, 35478-35492 2010-14798 Coast Guard Coast Guard RULES Safety Zones: 2010 Muskegon Summer Celebration Air Show, Muskegon Lake, Muskegon, MI, 35296-35299 2010-15008 Marquette 4th of July Fireworks, Marquette Harbor, Lake Superior, Marquette, MI, 35294-35296 2010-15007 Ship Repair in Penobscot Bay, ME, 35299-35301 2010-15006 Commerce Commerce Department See Economic Analysis Bureau See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 35440 2010-15010 Commodity Commodity Futures Trading Commission RULES Foreign Futures and Options Transactions, 35291-35294 2010-15021 Department of Transportation See Pipeline and Hazardous Materials Safety Administration Economic Economic Analysis Bureau RULES International Services Surveys: BE-180; Benchmark Survey of Financial Services Transactions between U.S. Financial Services Providers and Foreign Persons, 35289-35291 2010-14996 Energy Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission NOTICES Meetings:

Environmental Management Site-Specific Advisory Board; Northern New Mexico, 2010-15024 35446-35447 2010-15027 Environmental Management Site-Specific Advisory Board; Oak Ridge Reservation, 35447 2010-15026 Energy Energy Efficiency and Renewable Energy Office NOTICES Buy American Exception under the American Recovery and Reinvestment Act of 2009: Nationwide Limited Public Interest and Domestic Nonavailability Waivers under Section (1605), 35447-35449 2010-15030 Establishment and Request for Member Nominations:

Energy Efficiency and Renewable Energy Advisory Committee, 35450-35451 2010-15029 EPA Environmental Protection Agency RULES Determination of Attainment for PM10 for the Sandpoint PM10 Nonattainment Area, Idaho, 35302-35305 2010-14892 Primary National Ambient Air Quality Standard for Sulfur Dioxide, 35520-35603 2010-13947 PROPOSED RULES Determination of Attainment for PM10 for the Sandpoint PM10 Nonattainment Area, Idaho, 35362-35363 2010-14894 NOTICES Access by EPA Contractors to Information Claimed as Confidential Business Information; etc., 35451-35452 2010-15032 Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Aerospace Manufacturing and Rework Industry Information Request Questionnaire, 35454-35456 2010-15060 Control of Evaporative Emissions from New and In-Use Portable Gasoline Containers (Renewal), 35453-35454 2010-15031 Registration of Fuels and Fuel Additives; Requirements for Manufacturers (Renewal), 35452-35453 2010-15036 Comprehensive Environmental Response, Compensation and Liability Act, etc.: Revisions to FY 2011 Guidelines for Brownfields Assessment, Revolving Loan Fund, and Cleanup Grants, 35456-35457 2010-15046 Draft of the 2010 Causal Analysis/Diagnosis Decision Information System, 35457-35458 2010-15047 Meetings:

National Drinking Water Advisory Council's Climate Ready Water Utilities Working Group, 35458-35459 2010-15033 Tentative Approval and Solicitation of Request for a Public Hearing: Public Water System Supervision Program Revision for the State of West Virginia, 35459 2010-15044 Executive Office of the President See Management and Budget Office FAA Federal Aviation Administration PROPOSED RULES Airworthiness Directives: Boeing Company Model 747-100, 747 200B, and 747 200F Series Airplanes, 35356-35360 2010-15054 Honeywell International Inc.

TPE331 10 and TPE331 11 Series Turboprop Engines, 35354-35356 2010-15068 FCC Federal Communications Commission RULES Improving Public Safety Communications in the 800 MHz Band: New 800 MHz Band Plan for Puerto Rico and the U.S. Virgin Islands, 35315-35318 2010-14995 Local Number Portability Porting Interval and Validation Requirements: Telephone Number Portability, 35305-35315 2010-15073 PROPOSED RULES Improving Public Safety Communications in the 800 MHz Band: New 800 MHz Band Plan for Puerto Rico and the U.S.

Virgin Islands, 35363-35366 2010-14994 FDIC Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 35459-35460 2010-15038 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 35449-35450 2010-15121 Federal Motor Federal Motor Carrier Safety Administration RULES Cargo Insurance for Property Loss or Damage, 35318-35329 2010-14866 NOTICES Commercial Driver's License

(CDL)Standards: Granting of Exemption; Volvo Trucks North America, 35515-35516 2010-15077 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 35460 2010-15042 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants: 12-Month Finding on a Petition to List the Least Chub as Threatened or Endangered, 35398-35424 2010-15070 Designation of Critical Habitat for Roswell Springsnail, Koster's Springsnail, Noel's Amphipod, and Pecos Assiminea, 35375-35397 2010-15067 Proposed Reclassification of the Tulotoma Snail from Endangered to Threatened, 35424-35432 2010-14708 NOTICES Endangered and Threatened Wildlife and Plants: Permit Applications, 35503-35504 2010-15051 Habitat Conservation Plan: San Rafael Cattle Company; Santa Cruz County, Arizona, 35504-35505 2010-15057 Food Food and Drug Administration NOTICES Guidance for Industry: Lupus Nephritis Caused By Systemic Lupus Erythematosus—Developing Medical Products for Treatment; Availability, 35492-35493 2010-15081 Systemic Lupus Erythematosus—Developing Medical Products for Treatment; Availability, 35493-35494 2010-15080 Meetings: Blood Products Advisory Committee, 35494-35495 2010-15018 Cardiovascular and Renal Drugs Advisory Committee, 35496 2010-15019 Ophthalmic Devices Panel of the Medical Devices Advisory Committee, 35495-35496 2010-15020 GIPSA Grain Inspection, Packers and Stockyards Administration PROPOSED RULES Implementation of Regulations Required Under Title XI of the Food, Conservation and Energy Act of 2008: Conduct in Violation of the Act, 35338-35354 2010-14875 Health Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration Homeland Homeland Security Department See Coast Guard Interior Interior Department See Fish and Wildlife Service See Land Management Bureau International International Trade Administration NOTICES Export Trade Certificate of Review, 2010-15004 35441-35442 2010-15005 Safety and Security Equipment and Services Trade Mission to Brazil, 35444-35446 2010-14700 Justice Justice Department NOTICES Lodging of Consent Decree Under Comprehensive Environmental Response, Compensation and Liability Act, 35506 2010-15003 Lodging of Proposed Amendment to Consent Decree Under the Clean Air Act, 35506-35507 2010-15009 Labor Labor Department See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Meetings: Northeast California Resource Advisory Council and Subcommittee, 35505 2010-15052 Management Management and Budget Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 35507 2010-15002 Maritime Maritime Administration NOTICES Requested Administrative Waiver of the Coastwise Trade Laws, 35517 2010-15110 National Agricultural National Agricultural Statistics Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 35437-35438 2010-15055 National Credit National Credit Union Administration NOTICES Meetings; Sunshine Act, 35507 2010-15260 NOAA National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Comprehensive Ecosystem-Based Amendment for the South Atlantic Region, 35330-35335 2010-15069 Gulf of Mexico Reef Fish Fishery; 2010 Accountability Measures for Greater Amberjack, 35335-35337 2010-15071 PROPOSED RULES Atlantic Highly Migratory Species: North and South Atlantic Swordfish Quotas, 35432-35435 2010-15061 Fisheries of the Northeastern United States: Atlantic Deep-Sea Red Crab Fisheries; 2010 Atlantic Deep-Sea Red Crab Specifications In-season Adjustment, 35435-35436 2010-15059 NOTICES Endangered and Threatened Species: Take of Anadromous Fish, 35440-35441 2010-15074 Fisheries of the Gulf of Mexico: Southeast Data, Assessment, and Review Update; Greater Amberjack, 35442-35443 2010-15017 Marine Mammals (File No. 15261), 35443 2010-15062 Meetings: North Pacific Fishery Management Council, 35443-35444 2010-15039 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 35507-35508 2010-15037 Meetings; Sunshine Act, 35508 2010-15111 Permits Issued Under the Antarctic Conservation Act of 1978, 35508 2010-15001 National Transportation National Transportation Safety Board RULES Notification and Reporting of Aircraft Accidents or Incidents and Overdue Aircraft, and Preservation of Aircraft Wreckage, Mail, Cargo, and Records, 35329-35330 2010-14925 Nuclear Nuclear Regulatory Commission NOTICES Draft Regulatory Guide; Issuance, Availability, 35508-35510 2010-15022 License Renewal Interim Staff Guidance Process, Revision 2; Availability, 35510 2010-15023 Meetings; Sunshine Act, 35511 2010-15191 Occupational Occupational Safety and Health Administration PROPOSED RULES Injury and Illness Prevention Program, 35360-35362 2010-15041 Office of Management and Budget See Management and Budget Office Pipeline Pipeline and Hazardous Materials Safety Administration PROPOSED RULES Pipeline Safety: Applying Safety Regulation to All Rural Onshore Hazardous Liquid Low-Stress Lines, 35366-35375 2010-14998 NOTICES Pipeline Safety; Request for Special Permit, 35516-35517 2010-15197 Postal Postal Service RULES Cigarettes and Smokeless Tobacco - Prohibited in All Outbound and Inbound International Mail, 35302 2010-14829 Rural Rural Housing Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2010-15048 35437-35439 2010-15063 SEC Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 35512 2010-15147 SBA Small Business Administration NOTICES Disaster Declaration: Kentucky, 35511 2010-15053 Virginia, 35511 2010-15050 Social Social Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 35512-35513 2010-15045 Statistical Reporting Service See National Agricultural Statistics Service Surface Surface Transportation Board NOTICES Abandonment Exemption: Union Pacific Railroad Co., Yakima County, WA, 35513-35515 2010-15075 2010-15076 Transportation Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Maritime Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board NOTICES Application for Commuter Authority: Schuman Aviation Company Ltd. D/B/A Makani Kai Helicopters, etc., 35513 2010-15028 Veterans Veterans Affairs Department NOTICES Summary of Precedent Opinions of the General Counsel, 35517-35518 2010-15079 Separate Parts In This Issue Part II Environmental Protection Agency, 35520-35603 2010-13947 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 75 119 Tuesday, June 22, 2010 Rules and Regulations DEPARTMENT OF COMMERCE Bureau of Economic Analysis 15 CFR Part 801 [Docket No. 0908131235-0248-02] RIN 0691-AA73 International Services Surveys: BE-180, Benchmark Survey of Financial Services Transactions Between U.S. Financial Services Providers and Foreign Persons AGENCY: Bureau of Economic Analysis, Commerce. ACTION: Final rule. SUMMARY: This final rule amends regulations of the Bureau of Economic Analysis, Department of Commerce

(BEA)to set forth the reporting requirements for the BE-180, Benchmark Survey of Financial Services Transactions between U.S. Financial Services Providers and Foreign Persons. The BE-180 replaces a similar but more limited survey, the BE-80, Benchmark Survey of Financial Services Transactions Between U.S. Financial Services Providers and Unaffiliated Foreign Persons. The agency form number and survey title are being changed because the survey will include the collection of data on transactions with affiliated foreigners and unaffiliated foreigners using the same survey instrument. The BE-180 survey will be conducted once every five years beginning with fiscal year 2009. The BE-180 survey covers financial services transactions with foreign persons. In nonbenchmark years, the estimates for these transactions will be derived from the sample data reported on BEA's follow-on survey (BE-185, Quarterly Survey of Financial Services Transactions between U.S. Financial Services Providers and Foreign Persons). The data collected by the BE-180 will be used by BEA to estimate the financial services component of the U.S. International Transactions Accounts and other economic accounts compiled by BEA. The data also are needed by the government to monitor U.S. exports and imports of financial services; analyze their impact on the U.S. and foreign economies; support U.S. international trade policy on financial services; and assess and promote U.S. competitiveness in international trade in services. In addition, they will improve the ability of U.S. businesses to identify and evaluate market opportunities. DATES: The final rule will be effective July 22, 2010. FOR FURTHER INFORMATION CONTACT: Chris Emond, Chief, Special Surveys Branch, Balance of Payments Division (BE-50), Bureau of Economic Analysis, U.S. Department of Commerce, Washington, DC 20230; e-mail *Christopher.Emond@bea.gov;* or phone

(202)606-9826. SUPPLEMENTARY INFORMATION: In the March 9, 2010 **Federal Register** (75 FR 10704), BEA published a notice of proposed rulemaking to amend 15 CFR Part 801 to set forth the reporting requirements for the BE-180, Benchmark Survey of Financial Services Transactions between U.S. Financial Services Providers and Foreign Persons. No comments were received on the proposed rule. Thus, the proposed rule is adopted without change. Description of Changes The BE-180 survey is a mandatory survey and will be conducted by BEA every five years, with the initial survey covering fiscal year 2009, pursuant to the authority provided in the International Investment and Trade in Services Survey Act (22 U.S.C. 3101-3108), hereinafter, “the Act” and by Section 5408 of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4908). For the initial survey, BEA will send the survey to potential respondents in July of 2010; responses will be due September 30, 2010. The BE-180 will replace a similar but more limited survey, the BE-80, Benchmark Survey of Financial Services Transactions Between U.S. Financial Services Providers and Unaffiliated Foreign Persons, unlike the BE-80, the BE-180 will include the collection of data on transactions with both affiliated and unaffiliated foreigners. The BE-180 survey is intended to capture data on financial services transactions with foreign persons. In nonbenchmark years, the estimates for these transactions would be derived from the sample data reported on BEA's follow-on quarterly survey (BE-185, Quarterly Survey of Financial Services Transactions between U.S. Financial Services Providers and Foreign Persons). The survey will be mandatory for those U.S. financial companies that engage in the financial services transactions in amounts that exceed the exemption level. For the BE-180, the covered financial services transactions are:

(1)Brokerage services related to equity transactions, and

(2)other brokerage services;

(3)underwriting and private placement services;

(4)financial management services;

(5)credit-related services, except credit card services, and

(6)credit card services;

(7)financial advisory and custody services;

(8)securities lending services;

(9)electronic funds transfer services; and

(10)other financial services. The exemption level for the survey is total sales or purchases of $3 million during the reporting period, for the above ten categories combined. Financial companies that exceed this threshold must supply data on the amount of their financial transactions for each category, disaggregated by country and by its relationship to the foreign transactor (foreign affiliate, foreign parent group or unaffiliated). In addition, this survey will collect the following subcomponents of financial management receipts at the global level: Mutual funds, pension funds, exchange-traded funds, private equity funds, corporate portfolio, individual portfolio, hedge funds, and trusts. U.S. financial companies that are exempt from the survey's reporting requirements because they do not meet the reporting threshold are requested to provide, on a voluntary basis, estimates of their covered financial services transactions. Any U.S. financial company that receives the BE-180 survey form from BEA, but is not required to report data because it is exempt under the regulations and chooses not to report data voluntarily, must file an exemption claim by completing pages one through five of the survey. This requirement is necessary to ensure efficient administration of the Act by eliminating unnecessary follow-up contact. If a U.S. financial company does not receive the BE-180 survey form and is not otherwise required to report under these regulations, then the company is not required to take any action. 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), and Section 5408 of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4908). Section 4(a) of the International Investment and Trade in Services Survey Act provides that the President shall, to the extent he deems necessary and feasible, conduct a regular data collection program to secure current information related to international investment and trade in services and publish for the use of the general public and United States Government agencies periodic, regular, and comprehensive statistical information collected pursuant to this subsection. In Section 3 of Executive Order 11961, as amended by Executive Orders 12318 and 12518, the President delegated the responsibilities under the Act for performing functions concerning international trade in services to the Secretary of Commerce, who has redelegated them to BEA. Data from the survey are needed to monitor U.S. exports and imports of financial services; analyze their impact on the U.S. and foreign economies; compile and improve the U.S. international transactions, national income and product, and input-output accounts; support U.S. international trade policy on financial services; assess and promote U.S. competitiveness in international trade in services; and improve the ability of U.S. businesses to identify and evaluate market opportunities. Executive Order 12866 This final rule has been determined to be not 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 requirement in this final rule has been approved by the Office of Management and Budget

(OMB)under control number 0608-0062 pursuant to the requirements of the Paperwork Reduction Act. 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 Office of Management and Budget Control Number. The collection will display this number. The benchmark survey is expected to result in the filing of reports from approximately 8,000 respondents. Approximately 1,000 respondents will report mandatory or voluntary data on the survey and approximately 7,000 will file exemption claims. The respondent burden for this collection of information will vary from one respondent to another, but is estimated to average ten hours, including time for reviewing the instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information for the respondents that file mandatory or voluntary data, and two hours for exemption claim responses. Thus, the total respondent burden for the survey is estimated at 24,000 hours. Written comments regarding the burden-hour estimates or other aspects of the collection-of-information requirements contained in this final rule should be sent to:

(1)The Bureau of Economic Analysis via mail to U.S. Department of Commerce, Bureau of Economic Analysis, Chris Emond, Chief, Special Surveys Branch (BE-50) Washington, DC 20230, via e-mail at *Christopher.Emond@bea.gov* , or by FAX at 202-606-5318; and

(2)the Office of Management and Budget, Office of Information and Regulatory Affairs, Control Number 0608-0062, PRA Desk Officer for BEA, via e-mail 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 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 this certification was published with the proposed rule and is not repeated here. No comments were received regarding the economic impact of this rule. As a result, a final regulatory flexibility analysis is not required and none was prepared. List of Subjects in 15 CFR Part 801 International transactions, Economic statistics, Foreign trade, Penalties, Reporting and recordkeeping requirements. Dated: June 2, 2010. J. Steven Landefeld, Director, Bureau of Economic Analysis. For the reasons set forth in the preamble, BEA amends 15 CFR Part 801, as follows: PART 801—SURVEY OF INTERNATIONAL TRADE IN SERVICES BETWEEN U.S. AND FOREIGN PERSONS 1. The authority citation for 15 CFR Part 801 continues to read as follows: Authority: 5 U.S.C. 301; 15 U.S.C. 4908; 22 U.S.C. 3101-3108; and 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. Amend § 801.9 by revising paragraph

(a)to read as follows: § 801.9 Reports required.

(a)*Benchmark surveys.* Section 4(a)(4) of the Act (22 U.S.C. 3103) provides that benchmark surveys of trade in services between U.S. and foreign persons be conducted, but not more frequently than every 5 years. General reporting requirements, exemption levels, and the years of coverage for the BE-120 survey may be found in § 801.10. General reporting requirements, exemption levels, and the years of coverage for the BE-140 survey may be found in § 801.11. More detailed instructions are given on the forms themselves; and general reporting requirements, exemption levels, and the years for coverage for the BE-180 survey may be found in § 801.12. § 801.11 [Removed] 3. Remove § 801.11. § 801.12 [Redesignated as § 801.11] 4. Redesignate § 801.12 as § 801.11. 5. Add new § 801.12 to read as follows: § 801.12 Rules and regulations for the BE-180, Benchmark Survey of Financial Services Transactions between U.S. Financial Services Providers and Foreign Persons.

(a)The BE-180, Benchmark Survey of Financial Services Transactions between U.S. Financial Services Providers and Foreign Persons, will be conducted beginning with fiscal year 2009 and every fifth year thereafter. More detailed instructions are given on the report forms and instructions.

(b)*Who must report-*

(1)*Mandatory reporting.* A report is required from each U.S. person that is a financial services provider or intermediary, or whose consolidated U.S. enterprise includes a separately organized subsidiary, or part, that is a financial services provider or intermediary, and that had transactions (either sales or purchases) directly with foreign persons in all financial services combined in excess of $3,000,000 during its fiscal year covered by the survey on an accrual basis. The $3,000,000 threshold should be applied to financial services transactions with foreign persons by all parts of the consolidated U.S. enterprise combined that are financial services providers or intermediaries. Because the $3,000,000 threshold applies separately to sales and purchases, the mandatory reporting requirement may apply only to sales, only to purchases, or to both.

(i)The determination of whether a U.S. financial services provider or intermediary is subject to this mandatory reporting requirement may be based on the judgment of knowledgeable persons in a company who can identify reportable transactions on a recall basis, with a reasonable degree of certainty, without conducting a detailed manual records search.

(ii)Reporters that file pursuant to this mandatory reporting requirement must provide data on total sales and/or purchases of each of the covered types of financial services transactions and must disaggregate the totals by country and by relationship to the foreign transactor (foreign affiliate, foreign parent group, or unaffiliated).

(2)*Voluntary reporting.* If, during the fiscal year covered, sales or purchases of financial services by a firm that is a financial services provider or intermediary, or by a firm's subsidiaries, or parts, combined that are financial services providers or intermediaries, are $3,000,000 or less, the U.S. person is requested to provide an estimate of the total for each type of service. However, submission of this information is voluntary. Because the $3,000,000 threshold applies separately to sales and purchases, this voluntary reporting option may apply to sales, to purchases, or to both.

(3)*Exemption claims.* Entities that receive the BE-180 survey but are not subject to the mandatory reporting requirements and choose not to report data voluntarily must file an exemption claim by completing pages one through five of the BE-180 survey and returning them to BEA.

(c)*BE-180 definition of financial services provider.* The definition of financial services provider used for this survey is identical to the definition of the term as used in the North American Industry Classification System, United States, 2007, Sector 52-Finance and Insurance, and holding companies that own or influence, and are principally engaged in making management decisions for these firms (part of Sector 55-Management of Companies and Enterprises). For example, companies and/or subsidiaries and other separable parts of companies in the following industries are defined as financial services providers: Depository credit intermediation and related activities (including commercial banking, savings institutions, credit unions, and other depository credit intermediation); non-depository credit intermediation (including credit card issuing, sales financing, and other non-depository credit intermediation); activities related to credit intermediation (including mortgage and nonmortgage loan brokers, financial transactions processing, reserve, and clearinghouse activities, and other activities related to credit intermediation); securities and commodity contracts intermediation and brokerage (including investment banking and securities dealing, securities brokerage, commodity contracts and dealing, and commodity contracts brokerage); securities and commodity exchanges; other financial investment activities (including miscellaneous intermediation, portfolio management, investment advice, and all other financial investment activities); insurance carriers; insurance agencies, brokerages, and other insurance related activities; insurance and employee benefit funds (including pension funds, health and welfare funds, and other insurance funds); other investment pools and funds (including open-end investment funds, trusts, estates, and agency accounts, real estate investment trusts, and other financial vehicles); and holding companies that own, or influence the management decisions of, firms principally engaged in the aforementioned activities.

(d)*Covered types of services.* The BE-180 survey covers the following types of financial services transactions (sales or purchases) between U.S. financial companies and foreign persons: Brokerage services related to equity transactions; other brokerage services; underwriting and private placement services; financial management services; credit-related services, except credit card services; credit card services; financial advisory and custody services; securities lending services; electronic funds transfer services; and other financial services. [FR Doc. 2010-14996 Filed 6-21-10; 8:45 am]

Connectionstraces to 7

Traces to 7 documents

U.S. Code