### 1591 Federal Register / Vol. 74, No. 8 / Tuesday, January 13, 2009 / Rules and Regulations

instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Thus the total respondent burden of the survey is estimated at 153,850 hours (1,550 respondents times 99.3 hours average burden). Although the amendments to the reporting rules lower respondent burden, the total estimated burden hours are higher than the currently estimated hours of 122,900 for this survey in the OMB inventory, due to growth in the number and size of U.S. parent companies and foreign affiliates since the survey was last cleared.

Written comments regarding the burden-hour estimates or any other aspect of the information-of-collection requirements contained in the final rule should be sent to (1) the Bureau of Economic Analysis via mail to U.S. Department of Commerce, Bureau of Economic Analysis, Office of the Chief, Direct Investment Division, BE–50, Washington, DC 20230; via e-mail at David.Galler@bea.gov; or by FAX at 202–606–5311 and (2) the Office of Management and Budget, O.I.R.A., Paperwork Reduction Project 0608– 0053, Attention 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 the provisions of the Regulatory Flexibility Act (5 U.S.C. 605(b)), that this rule will not have a significant economic impact on a substantial number of small entities. The factual basis for the certification was published in the proposed rule and is not repeated here. No comments were received regarding the economic impact of the rule. As a result, no final regulatory flexibility analysis was prepared. List of Subjects in 15 CFR Part 806

Economic statistics, Multinational corporations, Penalties, Reporting and recordkeeping requirements, U.S. investment abroad.

Dated: December 16, 2008. J. Steven Landefeld, Director, Bureau of Economic Analysis.

■ For the reasons set forth in the preamble, BEA amends 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 806.14(f)(3)(ii) introductory text, (f)(3)(ii)(A) and (B), (f)(3)(iv), (f)(3)(v) introductory text, and (f)(3)(v)(A) are revised to read as follows:

**§ 806.14 U.S. direct investment abroad.**
* * * * *

(f) * * * (3) * * * (ii) Forms BE–11B(LF), (SF), and (EZ) (Report for Majority-owned Nonbank Foreign Affiliate of Nonbank U.S. Reporter).

(A) A BE–11B(LF)(Long Form) must be filed for each majority-owned nonbank foreign affiliate of a nonbank U.S. Reporter for which any one of the three items—total assets, sales or gross operating revenues excluding sales taxes, or net income after provision for foreign income taxes—was greater than $225 million (positive or negative) at the end of, or for, the affiliate’s fiscal year, unless the nonbank foreign affiliate is selected to be reported on Form BE– 11B(EZ).

(B) A BE–11B(SF)(Short Form) must be filed for each majority-owned nonbank foreign affiliate of a nonbank U.S. Reporter for which any one of the three items listed in paragraph (f)(3)(ii)(A) of this section was greater than $60 million (positive or negative), but for which no one of these items was greater than $225 million (positive or negative), at the end of, or for, the affiliate’s fiscal year, unless the nonbank foreign affiliate is selected to be reported on Form BE–11B(EZ).

* * * * *

(iv) Form BE–11C (Report for Minority-owned Nonbank Foreign Affiliate of Nonbank U.S. Reporter) must be filed for each minority-owned nonbank foreign affiliate of a nonbank U.S. Reporter that is owned at least 20 percent, but not more than 50 percent, directly and/or indirectly, by all U.S. Reporters of the affiliate combined, and for which any one of the three items listed in paragraph (f)(3)(ii)(A) of this section was greater than $60 million (positive or negative) at the end of, or for, the affiliate’s fiscal year.

(v) Based on the preceding, an affiliate is exempt from being reported if it meets any one of the following criteria:

(A) For nonbank affiliates of nonbank U.S. Reporters, none of the three items listed in paragraph (f)(3)(ii)(A) of this section exceeds $60 million (positive or negative). However, affiliates that were established or acquired during the year and for which at least one of these items was greater than $10 million but not over $60 million must be listed, and key data items reported, on a supplement schedule on Form BE–11A.

* * * * * [FR Doc. E9–463 Filed 1–12–09; 8:45 am]

**BILLING CODE 3510–06–P**

**ENVIRONMENTAL PROTECTION AGENCY** 

**40 CFR Part 52**

**[EPA–R10–OAR–2007–0110; FRL–8760–8]**

**Approval and Promulgation of Implementation Plans; Washington;**  **Interstate Transport of Pollution**

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Final rule.

**SUMMARY :**  EPA is approving the action of the Washington State Department of Ecology (Ecology) to address the provisions of Clean Air Act (CAA) section 110(a)(2)(D)(i) for the 8-hour ozone and PM2.5 National Ambient Air Quality Standards (NAAQS). CAA section 110(a)(2)(D)(i) requires each state to submit a State Implementation Plan (SIP) revision that prohibits emissions that adversely affect another state’s air quality through interstate transport. EPA received no comments on its proposal to approve Ecology’s SIP revision addressing these provisions. Therefore, EPA is finalizing its proposed approval of this revision for the State of Washington. Because EPA received adverse comments on its proposal to approve the SIP revision from the Idaho Department of Environmental Quality (IDEQ), EPA is not taking final action on the proposed approval for the State of Idaho at this time and will address those comments and take final action on IDEQ’s submittal at a later date.

**DATES :**  This action is effective on February 12, 2009

. **ADDRESSES :**  The EPA has established a docket for this action under Docket Identification No. EPA–R10–OAR– 2007–0110. All documents in the docket are listed on the http:// www.regulations.gov Web site. Although listed in the index, some information may not be publicly available, i.e., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either


### 1592 Federal Register / Vol. 74, No. 8 / Tuesday, January 13, 2009 / Rules and Regulations

electronically through http:// www.regulations.gov or in hard copy at EPA Region 10, Office of Air, Waste, and Toxics (AWT–107), 1200 Sixth Avenue, Seattle, Washington 98101. The EPA requests that you contact the person listed in the **FOR FURTHER**
**INFORMATION CONTACT** section to schedule your inspection. The Regional Office’s official hours of business are Monday through Friday, 8:30 to 4:30, excluding federal holidays.

**FOR FURTHER INFORMATION CONTACT :**  Donna Deneen, (206) 553–6706, or by e-mail at deneen.donna@epa.gov

. **SUPPLEMENTARY INFORMATION :**  Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. Information is organized as follows:

Table of Contents I. What Is the Background of This Rulemaking? II. What Comments Did We Receive on the Proposed Action? III. What Is Our Final Action? IV. Statutory and Executive Order Reviews

I. What Is the Background of This Rulemaking?

On June 26, 2007, EPA published a direct final rule to approve the actions of IDEQ and Ecology to address the requirements of Clean Air Act section 110(a)(2)(D)(i). 72 FR 35015. This Clean Air Act section requires each state to submit a SIP that prohibits emissions that could adversely affect another state, addressing four key elements. The SIP must prevent sources in the state from emitting pollutants in amounts which will: (1) Contribute significantly to nonattainment of the NAAQS in another state, (2) interfere with maintenance of the NAAQS by another state, (3) interfere with plans in another state to prevent significant deterioration of air quality, or (4) interfere with efforts of another state to protect visibility.

II. What Comments Did We Receive on the Proposed Action?

We stated in the direct final rule that if EPA received adverse comment, we would publish a timely withdrawal of the direct final rule. We received adverse comments on the Idaho portion of the direct final rule, and, therefore, we withdrew our direct final rule it its entirety. 72 FR 46157 (August 17, 2007). In a parallel notice of proposed rulemaking, also published on June 26, 2007, we stated that if we received adverse comments we would address all public comments in a subsequent final rule based on the proposed rule. 72 FR 35022. We received no comments on our proposal to approve Ecology’s SIP revision addressing section 110(a)(2)(D)(i). Therefore, we are finalizing our proposed approval of this revision for the State of Washington. Because we received adverse comments on our proposal to approve the SIP revision from IDEQ, we are not taking final action on the proposed approval for the State of Idaho at this time and will address those comments and take final action on IDEQ’s submittal at a later date.

III. What Is Our Final Action?

We are finalizing our approval of Ecology’s action to address the requirements of Clean Air Act section 110(a)(2)(D)(i). We made a minor change in the organization of the regulatory language contained in the proposal to be consistent with how the regulatory language is organized for similar actions. See, e.g. , 73 FR 60955 (October 15, 2008) and 73 FR 75600 (December 12, 2008). We are not taking final action at this time to approve IDEQ’s action to address CAA section 110(a)(2)(D)(i). IV. Statutory and Executive Order Reviews

Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:

• Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993);

• Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq. );

• Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq. );

• Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4);

• Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);

• Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);

• Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and

• Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law.

The Congressional Review Act, 5 U.S.C. 801 et seq. , as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register

. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2).

Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by March 16, 2009

. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)


### 1593 Federal Register / Vol. 74, No. 8 / Tuesday, January 13, 2009 / Rules and Regulations

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

Dated: December 31, 2008. Elin D. Miller, Regional Administrator, Region 10.

■ Chapter I, title 40 of the Code of Federal Regulations is amended as follows:

**PART 52—[AMENDED]**

■ 1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.
**Subpart WW—Washington**

■ 2. Section 52.2499 is added to read as follows:

**§ 52.2499 Interstate Transport for the 1997 8-hour ozone and PM**  2.5 **NAAQS.**

On January 17, 2007, the Washington State Department of Ecology submitted a SIP revision to meet the requirements of Clean Air Act section 110(a)(2)(D)(i). EPA is approving this submittal.

[FR Doc. E9–357 Filed 1–12–09; 8:45 am]

**BILLING CODE 6560–50–P**

**FEDERAL COMMUNICATIONS COMMISSION** 

**47 CFR Part 73**

**[DA 09–04; MB Docket No. 08–213; RM– 11500]** 

**Television Broadcasting Services; Grand Island, NE** 

**AGENCY :**  Federal Communications Commission.

**ACTION :**  Final rule.

**SUMMARY :**  The Commission grants a petition for rulemaking filed by Hill Broadcasting Company, Inc., permittee of station KTVG–DT, to substitute DTV channel 16 for post-transition DTV channel 19 at Grand Island, Nebraska.

**DATES :**  This rule is effective February 12, 2009.

**FOR FURTHER INFORMATION CONTACT :**  Adrienne Y. Denysyk, Media Bureau, (202) 418–1600.

**SUPPLEMENTARY INFORMATION :**  This is a synopsis of the Commission’s Report and Order, MB Docket No. 08–213, adopted January 2, 2009, and released January 2, 2009. The full text of this document is available for public inspection and copying during normal business hours in the FCC’s Reference Information Center at Portals II, CY– A257, 445 12th Street, SW., Washington, DC 20554. This document will also be available via ECFS (http:// www.fcc.gov/cgb/ecfs/ ). (Documents will be available electronically in ASCII, Word 97, and/or Adobe Acrobat.) This document may be purchased from the Commission’s duplicating contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room CY–B402, Washington, DC 20554, telephone 1–800–478–3160 or via e-mail http:// www.BCPIWEB.com . To request this document in accessible formats (computer diskettes, large print, audio recording, and Braille), send an e-mail

to fcc504@fcc.gov or call the Commission’s Consumer and Governmental Affairs Bureau at (202) 418–0530 (voice), (202) 418–0432 (TTY). This document does not contain information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104–13. In addition, therefore, it does not contain any information collection burden ‘‘for small business concerns with fewer than 25 employees,’’ pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107–198, see 44 U.S.C. 3506(c)(4). Provisions of the Regulatory Flexibility Act of 1980 do not apply to this proceeding.

The Commission will send a copy of this Report and Order in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional review Act, see 5 U.S.C. 801(a)(1)(A).
List of Subjects in 47 CFR Part 73

Television, Television broadcasting.

■ For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR Part 73 as follows:

**PART 73—RADIO BROADCAST SERVICES** 

■ 1. The authority citation for part 73 continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334, 336.

**§ 73.622 [Amended]**

■ 2. Section 73.622(i), the PostTransition Table of DTV Allotments under Nebraska, is amended by adding DTV channel 16 and removing DTV channel 19 at Grand Island. Federal Communications Commission. Clay C. Pendarvis, Associate Chief, Video Division, Media Bureau. [FR Doc. E9–508 Filed 1–12–09; 8:45 am]

**BILLING CODE 6712–01–P**

**FEDERAL COMMUNICATIONS COMMISSION** 

**47 CFR Part 73**

**[DA 08–2777; MB Docket No. 08–193; RM– 11489]** 

**Television Broadcasting Services; Hayes Center, NE** 

**AGENCY :**  Federal Communications Commission.

**ACTION :**  Final rule.

**SUMMARY :**  The Commission grants a petition for rulemaking filed by Pappas Telecasting of Central Nebraska, L.P., the licensee of station KWNB(TV) and permittee of station KWNB–DT, requesting the substitution of its analog channel, channel 6, for its assigned DTVchannel 18 at Hayes Center for posttransition use.

**DATES :**  This rule is effective February 12, 2009.

**FOR FURTHER INFORMATION CONTACT :**  Joyce Bernstein, Media Bureau, (202)
418–1600.

**SUPPLEMENTARY INFORMATION :**  This is a synopsis of the Commission’s Report and Order, MB Docket No. 08–193, adopted December 22, 2008, and released December 23, 2008. The full text of this document is available for public inspection and copying during normal business hours in the FCC’s Reference Information Center at Portals II, CY–A257, 445 12th Street, SW., Washington, DC 20554. This document will also be available via ECFS (http:// www.fcc.gov/cgb/ecfs/ ). (Documents will be available electronically in ASCII, Word 97, and/or Adobe Acrobat.) This document may be purchased from the Commission’s duplicating contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room CY–B402, Washington, DC 20554, telephone 1–800–478–3160 or via e-mail http:// www.BCPIWEB.com . To request this document in accessible formats (computer diskettes, large print, audio recording, and Braille), send an e-mail
to fcc504@fcc.gov or call the Commission’s Consumer and Governmental Affairs Bureau at (202) 418–0530 (voice), (202) 418–0432 (TTY). This document does not contain information collection requirements subject to the Paperwork Reduction Act