27944 Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Rules and Regulations 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. The NTTAA directs EPA to 

provide Congress, through OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. This 

rule simply reaffirms the promulgation 

of Acid Rain Program rule revisions that 

were previously issued and that are still 

in effect and have been since mid-2006. 

Moreover, when first promulgated, these 

revisions did not address the use of any 

technical standards. Thus, this rule is 

not subject to the NTTAA. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629 

(Feb. 16, 1994)) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. EPA 

has determined that this rule will not 

have disproportionately high and 

adverse human health or environmental 

effects on minority or low-income 

populations because it does not change 

the level of protection provided to 

human health or the environment, but 

simply reaffirms the promulgation of 

Acid Rain Program rule revisions that 

were previously issued and that are still 

in effect and have been since mid-2006. 

Moreover, when first promulgated, these 

revisions did not change the level of 

protection provided to human health or 

the environment. 

K. Congressional Review Act 

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 rule 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). This rule 

will be effective on August 11, 2009 

without further notice. 

List of Subjects in 40 CFR Parts 72, 73, 

74, 77, and 78 

Environmental protection, Acid rain, 

Administrative practice and procedure, 

Air pollution control, Electric utilities, 

Intergovernmental relations, Reporting 

and recordkeeping requirements, Sulfur 

oxides. 

Dated: June 5, 2009. 

Lisa P. Jackson, 

Administrator. 

[FR Doc. E9–13860 Filed 6–11–09; 8:45 am] 

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FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 09–1236; MB Docket No. 08–134; RM– 

11466] 

Television Broadcasting Services; 

Bismarck, ND 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commission grants a 

petition for rulemaking filed KBMY– 

KBCY, LLC, the licensee of station 

KBMY(TV), analog channel 17 and 

KBMY–DT, to substitute channel 17, its 

current analog channel, for its assigned 

post-transition DTV channel 16 at 

Bismarck, North Dakota. 

DATES: This rule is effective June 12, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

David J. Brown, Media Bureau, (202) 

418–1600. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 08–134, 

adopted June 2, 2009, and released June 

3, 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 North Dakota, is amended by 

adding DTV channel 17 and removing 

DTV channel 16 at Bismarck. 

Federal Communications Commission. 

Clay C. Pendarvis, 

Associate Chief, Video Division, Media 

Bureau. 

[FR Doc. E9–13863 Filed 6–11–09; 8:45 am] 

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