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Federal Register / Vol. 72, No.

246 / Wednesday, December 26, 2007 / Rules and Regulations 72917

necessary using Hartzell Service Bulletin (2) For utility and acrobatic category (n) Alternative methods of compliance for
(SB) No. 118A, dated February 15, 1977. airplanes, before further flight, remove the Hartzell SB No. 118A, dated February 15,
present vibration placard and affix a new 1977, are: Hartzell SB No. 118B, November
Propeller Blade Shank Cold Rolling 28, 1977; SB No. 118C, May 13, 1983; SB No.
placard near the engine tachometer that
(j) One requirement in Hartzell SB No. states: 118D, March 25, 1991; SB No. HC–SB–61–
118A is the cold rolling of the propeller blade ‘‘Avoid continuous operation: 118E, December 14, 2001; SB No. HC–SB–
shank. Between 2,000 and 2,350 rpm. 61–118 revision F, dated August 15, 2002,
(1) Cold rolling is a critical requirement in Above 2,600 rpm in acrobatic flight.’’ and Hartzell Manual 133C.
the prevention of cracks in the blade. (3) For normal category airplanes, re-mark (o) An alternative method of compliance to
Propeller repair shops must obtain and the engine tachometer face or bezel with a Hartzell SB No. 101D, dated December 19,
maintain proper certification to perform the red arc for the restricted engine speed range, 1974, is Hartzell Manual 133C.
cold rolling procedure. between 2,000 and 2,350 rpm. (p) No adjustment in the compliance time
(2) For a current list of propeller overhaul (4) For acrobatic and utility airplanes, re- is allowed.
facilities approved to perform the blade mark the engine tachometer face or bezel Related Information
shank cold rolling procedure, contact with a red arc for each restricted engine
Hartzell Product Support, telephone (937) (q) Contact Tim Smyth, Senior Aerospace
speed range, i.e., between 2,000 and 2,350 Engineer, Chicago Aircraft Certification
778–4200. rpm and between 2,600 and 2,700 rpm (red Office, FAA, Small Airplane Directorate,
(3) Not all propeller repair facilities have line). 2300 East Devon Avenue, Des Plaines, IL
the equipment to properly perform a cold roll
Models ( )HC–C2YK–( )( )( )/( )( ) 60018–4696; e-mail: timothy.smyth@faa.gov;
of the blade shanks.
8475( )–( ) or ( )( )8477( )–( ) telephone (847) 294–7132; fax (847) 294–
(4) In addition, any rework in the blade
Propellers 7834, for more information about this AD.
shank area will also necessitate the cold
rolling of the blade shank area, apart from the (l) If propeller models ( )HC–C2YK–( )( ) Material Incorporated by Reference
one-time cold rolling requirement of this AD. ( )/( )( )8475( )–( ) or ( )( )8477( )– (r) You must use the service information
( ) have not been inspected and reworked in specified in Table 1 of this AD to perform the
Instrument Panel Modifications
accordance with AD 74–15–02, then do the actions required by this AD. The Director of
(k) If airplanes with propeller models ( ) following maintenance before further flight. the Federal Register previously approved the
HC–C2YK–( )( )( )/( )( )7666A–( ), (1) Remove propeller from airplane. incorporation by reference of the documents
installed on (undampered) 200 or more (2) Modify pitch change mechanism, and listed in Table 1 of this AD in accordance
horsepower Lycoming IO–360 series engines, replace blades with equivalent model blades with 5 U.S.C. 552(a) and 1 CFR part 51 on
have not been modified using AD 77–12– prefixed with letter ‘‘F’’ using Hartzell June 13, 2002. Contact Hartzell Propeller Inc.
06R2, then modify the airplane instrument Service Letter No. 69, dated November 30, Technical Publications Department, One
panel according to the following 1971 and Hartzell SB No. 101D, dated Propeller Place, Piqua, OH 45356; telephone
subparagraphs before further flight. Airplanes December 19, 1974. (937) 778–4200; fax (937) 778–4391, for a
include, but are not limited to, Mooney M20E (3) Inspect and repair or replace, if copy of this service information. You may
and M20F (normal category), Piper PA–28R– necessary, using Hartzell SB No. 118A, dated review service information copies at the
200 (normal category), and Pitts S–1T and S– February 15, 1977. FAA, New England Region, 12 New England
2A (acrobatic category). Executive Park, Burlington, MA; or at the
(1) For normal category airplanes, before Alternative Methods of Compliance National Archives and Records
further flight, remove the present vibration (m) The Manager, Chicago Aircraft Administration (NARA). For information on
placard and affix a new placard near the Certification Office, has the authority to the availability of this material at NARA, call
engine tachometer that states: approve alternative methods of compliance (202) 741–6030, or go to: http://
‘‘Avoid continuous operation: for this AD if requested using the procedures www.archives.gov/federal-register/cfr/ibr-
Between 2,000 and 2,350 rpm.’’ found in 14 CFR 39.19. locations.html.

TABLE 1.—INCORPORATION BY REFERENCE


Hartzell service information Page Revision Date

SB No. 101D .................................................................................................................. All D December 19, 1974.


SB No. 118A .................................................................................................................. All A February 15, 1977.
SL No. 69 ....................................................................................................................... All 1 November 30, 1971.

Issued in Burlington, Massachusetts, on DEPARTMENT OF COMMERCE requirements for the BE–12, Benchmark
December 17, 2007. Survey of Foreign Direct Investment in
Peter A. White, Bureau of Economic Analysis the United States. The BE–12 survey is
Assistant Manager, Engine and Propeller conducted once every 5 years and
Directorate, Aircraft Certification Service. 15 CFR Part 806 covers virtually the entire universe of
[FR Doc. E7–24855 Filed 12–21–07; 8:45 am] [Docket No. 070301044–7814–02] foreign direct investment in the United
BILLING CODE 4910–13–P
States in terms of value. The benchmark
RIN 0691–AA64 survey will be conducted for 2007. BEA
is changing the reporting requirements
Direct Investment Surveys: BE–12, on the BE–12 Benchmark survey to:
2007 Benchmark Survey of Foreign Increase the exemption level for
Direct Investment in the United States reporting on the BE–12(LF) (Long Form)
AGENCY: Bureau of Economic Analysis, from $125 million to $175 million;
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Commerce. increase the exemption level for


ACTION: Final rule. reporting on the BE–12(SF) (Short Form)
from $10 million to $40 million; and
SUMMARY: This final rule amends increase the exemption level for
regulations concerning the reporting reporting on the BE–12 Bank Form from

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72918 Federal Register / Vol. 72, No. 246 / Wednesday, December 26, 2007 / Rules and Regulations

$10 million to $15 million. In addition, persons that are not subject to the conducts the BE–12 survey under the
BEA is amending Form BE–12(X) by: reporting requirements of the BE–12 authority of the International
Re-naming it the Form BE–12 Claim for survey but have been contacted by BEA Investment and Trade in Services
Not Filing and deleting several concerning their reporting status. The Survey Act (22 U.S.C. 3101–3108),
questions, which will be moved to a BE–12 Mini is a new abbreviated form hereinafter, ‘‘the Act.’’ Section 4(b) of
new Form BE–12 Mini. The Claim for for reporting U.S. affiliates with total the Act provides that with respect to
Not Filing will be completed only by assets, sales or gross operating revenues, foreign direct investment in the United
persons that are not subject to the and net income (loss) less than or equal States, the President shall conduct a
reporting requirements of the BE–12 to $40 million. U.S. affiliates with benchmark survey covering year 1980, a
survey but have been contacted by BEA assets, sales, and net income (loss) less benchmark survey covering year 1987,
concerning their reporting status. The than or equal to $15 million are required and benchmark surveys covering every
BE–12 Mini is an abbreviated form for to report only selected items on the BE– fifth year thereafter. In conducting
reporting U.S. affiliates with total assets, 12 Mini. surveys pursuant to this subsection, the
sales or gross operating revenues, and In addition to these changes in the President shall, among other things and
net income (loss) less than or equal to reporting criteria, this final rule adds to the extent he determines necessary
$40 million. questions to the BE–12(LF) (Long Form), and feasible—
DATES: This final rule will be effective BE–12(SF) (Short Form), and BE–12 (1) Identify the location, nature, and
January 25, 2008. Bank form to: (1) Collect detail on the magnitude of, and changes in the total
FOR FURTHER INFORMATION CONTACT: broad occupational structure of investment by any parent in each of its
David H. Galler, Chief, Direct employment; (2) identify companies affiliates and the financial transactions
Investment Division (BE–50), Bureau of that engage in cross-border services between any parent and each of its
Economic Analysis, U.S. Department of transactions; and (3) identify the affiliates;
Commerce, Washington, DC 20230; financial reporting standards used to (2) Obtain (A) information on the
compile and report the survey. For the balance sheet of parents and affiliates
phone (202) 606–9835 or e-mail
BE–12(LF) (Long Form), this rule adds and related financial data, (B) income
(david.galler@bea.gov).
questions to collect additional detail on statements, including the gross sales by
SUPPLEMENTARY INFORMATION: In the the composition of external finances, primary line of business (with as much
September 21, 2007, Federal Register, trade, and research and development. product line detail as is necessary and
72 FR 53970–53973, BEA published a For the BE–12(SF) (Short Form), this feasible) of parents and affiliates in each
notice of proposed rulemaking setting rule adds questions to collect sales of country in which they have significant
forth revised reporting requirements for goods, sales of services, and investment operations, and (C) related information
the BE–12, Benchmark Survey of income for majority-owned U.S. regarding trade, including trade in both
Foreign Direct Investment in the United affiliates, including sales of services to goods and services, between a parent
States. No comments on the proposed U.S. persons and to foreign persons. For and each of its affiliates and between
rule were received. Thus, the proposed the BE–12 Bank form, this rule adds each parent or affiliate and any other
rule is adopted without change. This questions to make it easer to integrate person;
final rule amends 15 CFR 806.17 to set data collected for banks with data (3) Collect employment data showing
forth the reporting requirements for the collected for nonbank U.S affiliates. The both the number of United States and
BE–12, 2007 Benchmark Survey of items to be collected on this form foreign employees of each parent and
Foreign Direct Investment in the United include those needed to calculate value affiliate and the levels of compensation,
States, and 15 CFR 806.18 to list the added as well as expenditures for by country, industry, and skill level;
OMB control number for this survey. property, plant, and equipment; sales of (4) Obtain information on tax
Description of Changes goods; and sales of services to the payments by parents and affiliates by
foreign parent group(s), to foreign country; and
The BE–12 benchmark survey is a affiliates owned by the U.S. affiliate, (5) Determine, by industry and
mandatory survey and is conducted and to other foreign persons. country, the total dollar amount of
once every five years by BEA under the To offset the burden imposed by these research and development expenditures
authority of the International additional questions, this final rule by each parent and affiliate, payments
Investment and Trade in Services amends the BE–12 survey to or other compensation for the transfer of
Survey Act (22 U.S.C. 3101–3108), discontinue collecting information on technology between parents and their
hereinafter, ‘‘the Act.’’ BEA will send U.S. trade in goods by product, which affiliates, and payments or other
the survey to potential respondents in had been collected on previous versions compensation received by parents or
March 2008; responses will be due by of the BE–12(LF) (Long Form), and to affiliates from the transfer of technology
May 31, 2008. This final rule (1) reduce the amount of detail collected for to other persons.
increases the exemption level for minority-owned U.S. affiliates on the In Section 3 of Executive Order
reporting on the BE–12(LF) (Long Form) BE–12(SF) (Short Form) and BE–12 11961, as amended by Executive Orders
from $125 million to $175 million; (2) Bank form. In addition, questions on 12318 and 12518, the President
increases the exemption level for services transactions between U.S. delegated the responsibility for
reporting on the BE–12(SF) (Short Form) affiliates and their foreign parent performing functions under the Act
from $10 million to $40 million; and (3) group(s) are dropped from the BE–12 concerning direct investment to the
increases the exemption level for survey because collection of this Secretary of Commerce, who has
reporting on the BE–12 Bank form from information has been shifted to BEA’s redelegated it to BEA.
$10 million to $15 million. In addition, surveys of cross-border transactions in The benchmark surveys are BEA’s
it amends Form BE–12(X) by: (1) Re- services and intangible assets (the BE– censuses, intended to cover the universe
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naming it the Form BE–12 Claim for Not 120, BE–125, and BE–185). of foreign direct investment in the
Filing; and (2) deleting several United States in terms of value, and are
questions, which have been moved to a Survey Background BEA’s most comprehensive surveys of
new Form BE–12 Mini. The Claim for The Bureau of Economic Analysis such investment in terms of subject
Not Filing will be completed only by (BEA), U.S. Department of Commerce, matter. Foreign direct investment in the

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Federal Register / Vol. 72, No. 246 / Wednesday, December 26, 2007 / Rules and Regulations 72919

United States is defined as the 3. Form BE–12 Bank—Report for a 0608–0042, Attention PRA Desk Officer
ownership or control, directly or U.S. affiliate that is a bank; and for BEA, via e-mail at
indirectly, by one foreign person 4. Form BE–12 Mini—Report for a pbugg@omb.eop.gov, or by Fax at 202–
(foreign parent) of 10 percent or more of nonbank U.S. affiliate with total assets, 395–7245.
the voting securities of an incorporated sales or gross operating revenues, and
Regulatory Flexibility Act
U.S. business enterprise or an net income (positive or negative) less
equivalent interest in an unincorporated than or equal to $40 million. The Chief Counsel for Regulation,
U.S. business enterprise, including a The Form BE–12 Claim for Not Filing Department of Commerce, has certified
branch. will be provided for response by to the Chief Counsel for Advocacy,
The purpose of the benchmark survey persons that are not subject to the Small Business Administration, under
is to obtain universe data on the reporting requirements of the BE–12 the provisions of the Regulatory
financial and operating characteristics survey but have been contacted by BEA Flexibility Act (5 U.S.C. 605(b)), that
of U.S. affiliates, and on positions and concerning their reporting status. this rule will not have a significant
transactions between U.S. affiliates and economic impact on a substantial
their foreign parent groups (which are Executive Order 12866 number of small entities. The factual
defined to include all foreign parents This final rule has been determined to basis for the certification was published
and foreign affiliates of foreign parents). be not significant for purposes of E.O. in the proposed rule and is not repeated
These data are needed to measure the 12866. here. No comments were received
size and economic significance of Executive Order 13132 regarding the economic impact of the
foreign direct investment in the United rule. As a result, no final regulatory
States, measure changes in such This final rule does not contain flexibility analysis was prepared.
investment, and assess its impact on the policies with Federalism implications
U.S. economy. Such data are generally sufficient to warrant preparation of a List of Subjects in 15 CFR Part 806
found in enterprise-level accounting Federalism assessment under E.O. International transactions, Economic
records of respondent companies. These 13132. statistics, Foreign investment in the
data are used to derive current universe Paperwork Reduction Act United States, Penalties, Reporting and
estimates of direct investment from record keeping requirements.
sample data collected in other BEA The collection-of-information in this
Dated: December 6, 2007.
surveys in nonbenchmark years. In final rule has been approved by the
Rosemary D. Marcuss,
particular, they would serve as Office of Management and Budget
(OMB) under the Paperwork Reduction Acting Director, Bureau of Economic
benchmarks for the quarterly direct Analysis.
investment estimates included in the Act (PRA).
Not withstanding any other ■ For the reasons set forth in the
U.S. international transactions and
national income and product accounts, provisions of the law, no person is preamble, BEA amends 15 CFR part 806
and for annual estimates of the foreign required to respond to, nor shall any as follows:
direct investment position in the United person be subject to a penalty for failure
to comply with, a collection-of- PART 806—DIRECT INVESTMENT
States and of the operations of the U.S. SURVEYS
affiliates of foreign companies. information subject to the requirements
The survey consists of a number of of the Paperwork Reduction Act unless ■ 1. The authority citation for 15 CFR
report forms and a claim for not filing. that collection displays a currently valid part 806 continues to read as follows:
The amount and type of data required OMB control number. The OMB number Authority: 5 U.S.C. 301; 22 U.S.C. 3101–
to be reported will vary according to the for the BE–12 is 0608–0042; the 3108; E.O. 11961 (3 CFR, 1977 Comp., p. 86),
size of the U.S. affiliate, whether it is a collection will display this control as amended by E.O. 12318 (3 CFR, 1981
bank or a nonbank, and whether or not number. Comp., p. 173) and E.O. 12518 (3 CFR, 1985
it is majority-owned by foreign direct The BE–12 survey is expected to Comp., p. 348).
investors. The report forms to be used result in the filing of reports from
■ 2. Sections 806.17 and 806.18 are
in the survey consist of the following: approximately 18,550 respondents. The
revised to read as follows:
1. Form BE–12(LF) (Long Form)— respondent burden for this collection of
Report for a majority-owned nonbank information is estimated to vary from 20 § 806.17 Rules and regulations for BE–12,
U.S. affiliate (a majority-owned U.S. minutes to 715 hours per response, with 2007 Benchmark Survey of Foreign Direct
affiliate is one in which the combined an average of 11.3 hours per response, Investment in the United States.
direct and indirect ownership interest of including time for reviewing A BE–12, Benchmark Survey of
all foreign parents of the U.S. affiliate instructions, searching existing data Foreign Direct Investment in the United
exceeds 50 percent) with total assets, sources, gathering and maintaining the States will be conducted covering 2007.
sales or gross operating revenues, or net data needed, and completing and All legal authorities, provisions,
income greater than $175 million reviewing the collection of information. definitions, and requirements contained
(positive or negative); Thus, the total respondent burden for in § 806.1 through § 806.13 and
2. Form BE–12(SF) (Short Form)— the survey is estimated at 209,650 hours § 806.15(a) through (g) are applicable to
Report for (1) a majority-owned (18,550 times 11.3 hours average this survey. Specific additional rules
nonbank U.S. affiliate with total assets, burden). and regulations for the BE–12 survey are
sales or gross operating revenues, or net Comments regarding the burden given in this section.
income greater than $40 million estimate or any other aspect of this (a) Response required. A response is
(positive or negative), but not greater collection of information should be required from persons subject to the
than $175 million (positive or negative), addressed to: Director, Bureau of reporting requirements of the BE–12,
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and (2) a minority-owned nonbank U.S. Economic Analysis (BE–1), U.S. 2007 Benchmark Survey of Foreign
affiliate (owned 50 percent or less) with Department of Commerce, Washington, Direct Investment in the United States,
total assets, sales or gross operating DC 20230; Fax: 202–606–5311; and to contained in this section, whether or not
revenues, or net income greater than $40 the Office of Management and Budget, they are contacted by BEA. Also, a
million (positive or negative); O.I.R.A., Paperwork Reduction Project person, or their agent, contacted by BEA

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72920 Federal Register / Vol. 72, No. 246 / Wednesday, December 26, 2007 / Rules and Regulations

about reporting in this survey, either by holding company or financial holding (5) Form BE–12 Claim for Not Filing
sending them a report form or by company, and will be provided for response by
written inquiry, must respond pursuant (ii) On a fully consolidated basis, or, persons that are not subject to the
to § 806.4. This may be accomplished in the case of real estate investment, on reporting requirements of the BE–12
by: an aggregated basis, any one of the three survey but have been contacted by BEA
(1) Filing the properly completed BE– items listed in paragraph (c)(1)(ii) of this concerning their reporting status.
12 report—Form BE–12(LF), Form BE– section for a majority-owned U.S. (d) Aggregation of real estate
12(SF), Form BE–12 Mini, or Form BE– affiliate (not just the foreign parent’s investments. All real estate investments
12 Bank, by May 31, 2008, as required; share), was greater than $40 million of a foreign person must be aggregated
(2) Completing and returning the (positive or negative) but none of these for the purpose of applying the
Form BE–12 Claim for Not Filing by items was greater than $175 million reporting criteria. A single report form
May 31, 2008; or (positive or negative) at the end of, or must be filed to report the aggregate
(3) Certifying in writing, by May 31, for, its fiscal year that ended in calendar holdings, unless written permission has
2008, to the fact that the person is not year 2007. been received from BEA to do
a U.S. affiliate of a foreign person and (iii) On a fully consolidated basis, or, otherwise. Those holdings not
not subject to the reporting in the case of real estate investment, on aggregated must be reported separately
requirements of the BE–12 survey. an aggregated basis, any one of the three on the same type of report that would
(b) Who must report. A BE–12 report items listed in paragraph (c)(1)(ii) of this have been required if the real estate
is required for each U.S. affiliate, that is, section for a minority-owned U.S. holdings were aggregated.
for each U.S. business enterprise in affiliate (not just the foreign parent’s (e) Due date. A fully completed and
which a foreign person (foreign parent) share), was greater than $40 million certified Form BE–12(LF), BE–12(SF),
owned or controlled, directly or (positive or negative) at the end of, or BE–12 Mini, BE–12 Bank, or Form BE–
indirectly, 10 percent or more of the for, its fiscal year that ended in calendar 12 Claim for Not Filing is due to be filed
voting securities in an incorporated U.S. year 2007. (A ‘‘minority-owned’’ U.S. with BEA not later than May 31, 2008.
business enterprise, or an equivalent affiliate is one in which the combined § 806.18 OMB control numbers assigned
interest in an unincorporated U.S. direct and indirect ownership interest of to the Paperwork Reduction Act.
business enterprise, at the end of the all foreign parents of the U.S. affiliate is (a) Purpose. This section complies
business enterprise’s fiscal year that 50 percent or less.) with the requirements of section 3507 (f)
ended in calendar year 2007. A BE–12 (3) Form BE–12 Mini must be of the Paperwork Reduction Act (PRA)
report is required even if the foreign completed by a U.S. affiliate if: which requires agencies to display a
person’s ownership interest in the U.S. (i) It is not a bank, and is not owned current control number assigned by the
business enterprise was established or directly or indirectly by a U.S. bank Director of OMB for each agency
acquired during the 2007 reporting year. holding company or financial holding information collection requirement.
Beneficial, not record, ownership is the company, and (b) Display.
basis of the reporting criteria. (ii) On a fully consolidated basis, or,
(c) Forms to be filed. (1)—Form BE– in the case of real estate investment, on Current
15 CFR section where identi-
12(LF) (Long Form) must be completed an aggregated basis, none of the three fied and described OMB control
by a U.S. affiliate that was majority- items listed in paragraph (c)(1)(ii) of this No.
owned by one or more foreign parents section for a U.S. affiliate (not just the 806.1 through 806.17 ............... 0608–0020
(for purposes of this survey, a ‘‘majority- foreign parent’s share), was greater than 0024
owned’’ U.S. affiliate is one in which $40 million (positive or negative) at the 0032
the combined direct and indirect end of, or for, its fiscal year that ended 0004
ownership interest of all foreign parents in calendar year 2007. 0035
of the U.S. affiliate exceeds 50 percent), (4) Form BE–12 Bank must be 0030
if: completed by a U.S. affiliate if: 0009
0023
(i) It is not a bank and is not owned (i) The U.S. affiliate is a bank. For 0034
directly or indirectly by a U.S. bank purposes of the BE–12 survey, a ‘‘bank’’ 0042
holding company or financial holding is a business entity engaged in deposit 0053
company, and banking or closely related functions,
(ii) On a fully consolidated basis, or, including commercial banks, Edge Act [FR Doc. E7–24972 Filed 12–21–07; 8:45 am]
in the case of real estate investment, on corporations engaged in international or BILLING CODE 3510–06–P
an aggregated basis, any one of the foreign banking, U.S. branches and
following three items for the U.S. agencies of foreign banks whether or not
affiliate (not just the foreign parent’s they accept domestic deposits, savings DEPARTMENT OF HEALTH AND
share), was greater than $175 million and loans, savings banks, bank holding HUMAN SERVICES
(positive or negative) at the end of, or companies and financial holding
for, its fiscal year that ended in calendar companies under the Gramm-Leach- Food and Drug Administration
year 2007: Bliley Act, including all subsidiaries or
(A) Total assets (do not net out units of a bank holding company or 21 CFR Part 510
liabilities); financial holding company, and
(B) Sales or gross operating revenues, (ii) On a fully consolidated basis any New Animal Drugs; Change of
excluding sales taxes; or one of the three items listed in Sponsor’s Name
(C) Net income after provision for U.S. paragraph (c)(1)(ii) of this section for a Food and Drug Administration,
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AGENCY:
income taxes. U.S. affiliate (not just the foreign HHS.
(2) Form BE–12(SF) (Short Form) parent’s share), was greater than $15 ACTION: Final rule.
must be completed by a U.S. affiliate if: million (positive or negative) at the end
(i) It is not a bank and is not owned of, or for, its fiscal year that ended in SUMMARY: The Food and Drug
directly or indirectly by a U.S. bank calendar year 2007. Administration (FDA) is amending the

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