15844 Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Rules and Regulations 

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 BE–150 quarterly survey is 

expected to result in the filing of reports 

from four respondents on a quarterly 

basis, or 16 reports annually. The 

respondent burden for this collection of 

information will vary from one 

respondent to another, but is estimated 

to average 16 hours per response (64 

hours annually), including time for 

reviewing the instructions, searching 

existing data sources, gathering and 

maintaining the data needed, and 

completing and reviewing the collection 

of information. Thus, the total 

respondent burden for the BE–150 

survey is estimated at 260 hours. 

Written comments regarding the 

burden-hour estimate or any other 

aspect of this collection of information 

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, O.I.R.A., 

Paperwork Reduction Project, 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 

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. No comments were 

received regarding the economic impact 

of this rule. As a result, no final 

regulatory flexibility analysis was 

prepared. 

List of Subjects in 15 CFR Part 801 

International transactions, Economic 

statistics, Foreign trade, Penalties, 

Reporting and recordkeeping 

requirements, Travel expenses, Crossborder transactions, Credit card, and 

Debit card. 

Dated: January 29, 2009. 

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 adding paragraph 

(c)(7) to read as follows: 

§ 801.9 Reports required. 

(c) Quarterly surveys. * * * 

(7) BE–150, Quarterly Survey of 

Cross-Border Credit, Debit, and Charge 

Card Transactions: 

(i) A BE–150, Quarterly Survey of 

Cross-Border Credit, Debit, and Charge 

Card Transactions will be conducted 

covering the first quarter of the 2009 

calendar year and every quarter 

thereafter. 

(A) Who must report. A BE–150 report 

is required from each U.S. company that 

operates networks for clearing and 

settling credit card transactions made by 

U.S. cardholders in foreign countries 

and by foreign cardholders in the 

United States. Each reporting company 

must complete all applicable parts of 

the BE–150 form before transmitting it 

to BEA. Issuing banks, acquiring banks, 

and individual cardholders are not 

required to report. 

(B) Covered Transactions. The BE– 

150 survey collects aggregate 

information on the use of credit, debit, 

and charge cards by U.S. cardholders 

when traveling abroad and foreign 

cardholders when traveling in the 

United States. Data are collected by the 

type of transaction, by type of card, by 

spending category, and by country. 

(ii) [Reserved] 

[FR Doc. E9–7987 Filed 4–7–09; 8:45 am] 

BILLING CODE 3510–06–P 

DEPARTMENT OF STATE 

22 CFR Part 62 

[Public Notice: 6566] 

RIN 1400–AC48 

Exchange Visitor Program—Au Pairs 

AGENCY: Department of State. 

ACTION: Final rule. 

SUMMARY: On June 19, 2008, the 

Department of State published an 

interim final rule to revise existing 

regulations and thereby permit qualified 

au pairs to participate again in the au 

pair program after completing a period 

of at least two years of residency outside 

the United States following the end date 

of his or her initial exchange visitor 

program. The regulations contained in 

the interim final rule are adopted 

without change. 

DATES: The interim rule published at 73 

FR 34861, June 19, 2008 is adopted as 

final without change effective April 8, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

Stanley S. Colvin, Deputy Assistant 

Secretary, Office of Private Sector 

Exchange, U.S. Department of State, 

SA–44, 301 4th Street, SW., Room 734, 

Washington, DC 20547; or e-mail at 

jexchanges@state.gov. 

SUPPLEMENTARY INFORMATION: On June 

19, 2008, the Department of State 

published an interim final rule with 

request for comments whether to allow 

a foreign national who previously 

participated in the au pair program to 

repeat the program. One comment was 

received in response to the document 

that had no relevance to the rule. The 

Department has determined that an au 

pair who has successfully completed the 

au pair program may repeat program 

participation provided that he or she 

has resided outside the United States for 

a period of at least two years after the 

completion of initial participation in the 

au pair program (including the 

educational component requirement) 

and is within the regulatory age range 

for eligibility. An au pair who has 

previously participated is likely to be 

more familiar with the American culture 

(thereby quickly overcoming cultural 

challenges), is a proven successful 

caretaker, and will be able to build on 

the skills previously acquired. 

For the foregoing reasons, the 

Department is promulgating the interim 

final rule as a final rule. 

Regulatory Analysis 

Administrative Procedure Act 

The Department has determined that 

this final rule involves a foreign affairs 

function of the United States and is 

consequently exempt from the 

procedures required by 5 U.S.C. 553, 

pursuant to 5 U.S.C. 553(a)(1). 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This rule has been found not to be a 

major rule within the meaning of the 


rwilkins on PROD1PC63 with RULES
Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Rules and Regulations 15845 

Small Business Regulatory Enforcement 

Fairness Act of 1996. 

Regulatory Flexibility Act/Executive 

Order 13272: Small Business 

Since this rulemaking is exempt from 

5 U.S.C. 553, and no other law requires 

the Department to give notice of 

proposed rulemaking, this rulemaking 

also is not subject to the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) and 

Executive Order 13272, section 3(b). 

Executive Order 12866, as Amended 

The Department of State does not 

consider this final rule to be a 

‘‘significant regulatory action’’ under 

Executive Order 12866, as amended, 

§ 3(f), Regulatory Planning and Review. 

In addition, the Department is exempt 

from Executive Order 12866 except to 

the extent that it is promulgating 

regulations in conjunction with a 

domestic agency that are significant 

regulatory actions. The Department has 

nevertheless reviewed this rule to 

ensure its consistency with the 

regulatory philosophy and principles set 

forth in that Executive order. 

Executive Order 12988 

The Department has reviewed this 

final rule in light of sections 3(a) and 

3(b)(2) of Executive Order 12988 to 

eliminate ambiguity, minimize 

litigation, establish clear legal 

standards, and reduce burden. 

Unfunded Mandates Reform Act of 1995 

The Unfunded Mandates Reform Act 

of 1995, 2 U.S.C. 1532, generally 

requires agencies to prepare a statement 

before proposing any rule that may 

result in an annual expenditure of $100 

million or more by State, local, or tribal 

governments, or by the private sector. 

This final rule will not result in any 

such expenditure, nor will it 

significantly or uniquely affect small 

governments. 

Executive Orders 12372 and 13132 

This Final Rule will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with section 6 of Executive 

Order 13132, it is determined that this 

rule does not have sufficient federalism 

implications to require consultations or 

warrant the preparation of a federalism 

summary impact statement. The 

regulations implementing Executive 

Order 12372 regarding 

intergovernmental consultation on 

Federal programs and activities do not 

apply to this regulation. 

Paperwork Reduction Act 

This Final Rule does not impose any 

new reporting or recordkeeping 

requirements subject to the Paperwork 

Reduction Act, 44 U.S.C. Chapter 35. 

List of Subjects in 22 CFR Part 62 

Cultural exchange programs, 

Reporting and recordkeeping 

requirements. 

PART 62—EXCHANGE VISITOR 

PROGRAM 

■ Accordingly the interim rule 

amending 22 CFR part 62 which was 

published at 73 FR 34861 on June 19, 

2008 is adopted as final without change. 

Dated: March 30, 2009. 

Stanley S. Colvin, 

Deputy Assistant Secretary, Office of Private 

Sector Exchange, Bureau of Educational and 

Cultural Affairs, Department of State. 

[FR Doc. E9–7674 Filed 4–7–09; 8:45 am] 

BILLING CODE 4710–05–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–0189] 

RIN 1625–AA00 

Safety Zones; Fireworks Displays 

Within the Fifth Coast Guard District 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing 73 permanent safety zones 

for fireworks displays at various 

locations within the geographic 

boundary of the Fifth Coast Guard 

District. This action is necessary to 

protect the life and property of the 

maritime public from the hazards posed 

by fireworks displays. Entry into or 

movement within these zones during 

the enforcement periods is prohibited 

without approval of the appropriate 

Captain of the Port. 

DATES: This rule is effective May 8, 

2009. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2008–0189 and are 

available online by going to http:// 

www.regulations.gov, selecting the 

Advanced Docket Search option on the 

right side of the screen, inserting USCG– 

2008–0189 in the Docket ID box, 

pressing Enter, and then clicking on the 

item in the Docket ID column. This 

material is also available for inspection 

or copying at two locations: the Docket 

Management Facility (M–30), U.S. 

Department of Transportation, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays and the Fifth 

Coast Guard District, Prevention 

Division, 431 Crawford Street, 

Portsmouth, VA 23704 between 10 a.m. 

and 2 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call 

Dennis Sens, Project Manager, Fifth 

Coast Guard District, Prevention 

Division, Inspections and Investigations 

Branch, at (757) 398–6204. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On April 15, 2008, we published a 

notice of proposed rulemaking (NPRM) 

entitled, Safety Zones; Fireworks 

Displays within the Fifth Coast Guard 

District in the Federal Register (73 FR 

20223). On November 14, 2008, we 

published a Supplemental notice of 

proposed rulemaking (SNPRM) entitled 

Safety Zones; Fireworks Displays within 

the Fifth Coast Guard District in the 

Federal Register (73 FR 67444). We 

received two comments on the NPRM. 

No public meeting was requested, and 

none was held. 

Background and Purpose 

In this rule, the Coast Guard revises 

the list of permanent safety zones at 33 

CFR 165.506, established for fireworks 

displays at various locations within the 

geographic boundary of the Fifth Coast 

Guard District. For a description of the 

geographical area of the Fifth District 

and subordinate Coast Guard Sectors— 

Captain of the Port Zones, please see 33 

CFR 3.25. Currently there are 49 

permanent safety zones established for 

fireworks displays occurring throughout 

the year that are held on an annual basis 

and normally in one of these 49 

locations. 

The Coast Guard revision of the list of 

permanent safety zones at 33 CFR 

165.506, established for fireworks 

displays, adds 24 new locations and 

modifies five previously established 

locations within the geographic 


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