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

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).) 

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

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 PM2.5 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 DTV 

channel 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