Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Rules and Regulations 23951
procedures do not apply to an agency United States), 1321, 1481, 1484, 1498, 1508, of the good, or to transport the good to
rulemaking to the extent that it involves 1623, 1624, 3314; the territory of a Party.
a foreign affairs function of the United * * * * * * * * * *
States. CBP has determined that these Section 10.801 through 10.829 also issued
under 19 U.S.C. 1202 (General Note 30, Approved: May 19, 2009.
interim amendments involve a foreign
affairs function of the United States HTSUS) and Pub. L. 109–169, 119 Stat. 3581 Jayson P. Ahern,
because they modify regulatory (19 U.S.C. 3805 note). Acting Commissioner, U.S. Customs and
provisions that implement preferential Border Protection.
■ 2. Section 10.817 is amended by
tariff treatment provisions under the revising paragraph (a)(2) to read as Timothy E. Skud,
BFTA. Therefore, the rulemaking follows: Deputy Assistant Secretary of the Treasury.
requirements under the APA do not [FR Doc. E9–11986 Filed 5–21–09; 8:45 am]
apply and this interim rule will be § 10.817 Imported directly. BILLING CODE P
effective upon publication. However, (a) * * *
CBP is soliciting comments in this
interim rule and will consider all (2) If the shipment passed through the
territory of a non-Party, the good, upon DEPARTMENT OF LABOR
comments received before issuing a
final rule. arrival in the territory of a Party, will be Employee Benefits Security
considered to be ‘‘imported directly’’ Administration
Executive Order 12866 only if the good did not undergo
CBP has determined that this production, manufacturing, or any other 29 CFR Part 2550
document is not a regulation or rule operation outside the territories of the
subject to the provisions of Executive Parties, other than unloading, reloading, RIN 1210–AB13
Order 12866 of September 30, 1993 (58 or any other operation necessary to
preserve the good in good condition or Investment Advice—Participants and
FR 51735, October 1993), because it
to transport the good to the territory of Beneficiaries
pertains to a foreign affairs function of
the United States and, therefore, is a Party. Operations that may be AGENCY: Employee Benefits Security
specifically exempted by section 3(d)(2) performed outside the territories of the Administration, Labor.
of Executive Order 12866. Parties include inspection, removal of
ACTION: Final rule; delay of effective
dust that accumulates during shipment,
Regulatory Flexibility Act date and applicability date.
ventilation, spreading out or drying,
Because no notice of proposed chilling, replacing salt, sulfur dioxide, SUMMARY: This document delays the
rulemaking is required under the APA or aqueous solutions, replacing effective and applicability dates of final
for the reasons described above, the damaged packing materials and rules under the Employee Retirement
provisions of the Regulatory Flexibility containers, and removal of units of the Income Security Act, and parallel
Act, as amended (5 U.S.C. 601 et seq.), good that are spoiled or damaged and provisions of the Internal Revenue Code
do not apply to this rulemaking. present a danger to the remaining units of 1986, relating to the provision of
Accordingly, this final rule is not of the good, or to transport the good to investment advice to participants and
subject to the regulatory analysis the territory of a Party. beneficiaries in individual account
requirements or other requirements of 5 * * * * * plans, such as 401(k) plans, and
U.S.C. 603 and 604. beneficiaries of individual retirement
■ 3. Section 10.822 is amended by
Signing Authority revising paragraph (a)(2) to read as accounts (and certain similar plans).
This document is being issued in follows: These rules were published in the
accordance with § 0.1(a)(1) of the CBP Federal Register on January 21, 2009,
Regulations (19 CFR 0.1(a)(1))
§ 10.822 Transshipment of non-originating and were to have become effective and
fabric or apparel goods. applicable on March 23, 2009, but were
pertaining to the authority of the
Secretary of the Treasury (or his/her (a) * * * delayed until May 22, 2009, by a final
delegate) to approve regulations related rule published on March 20, 2009 (74
(2) If the shipment passed through the FR 11847). This document further
to certain customs revenue functions. territory of a non-Party, the good, upon delays the effective and applicability
List of Subjects in 19 CFR Part 10 arrival in the territory of a Party, will be dates of these final rules from May 22,
considered to be ‘‘imported directly’’ 2009, until November 18, 2009, to allow
Customs duties and inspection, only if the good did not undergo
Exports, Imports, Preference programs, additional time for the Department to
production, manufacturing, or any other evaluate questions of law and policy
Trade agreements. operation outside the territories of the concerning the rules.
Amendments to the CBP Regulations Parties, other than unloading, reloading,
DATES: The effective and applicability
or any other operation necessary to
■ Accordingly, chapter I of title 19, preserve the good in good condition or date of the rule amending 29 CFR part
Code of Federal Regulations (19 CFR to transport the good to the territory of 2550, published January 21, 2009, at 74
chapter I), is amended as set forth a Party. Operations that may be FR 3822, delayed March 20, 2009, at 74
below. performed outside the territories of the FR 11847 is further delayed until
Parties include inspection, removal of November 18, 2009.
PART 10—ARTICLES CONDITIONALLY
dust that accumulates during shipment, FOR FURTHER INFORMATION CONTACT: Fred
FREE, SUBJECT TO A REDUCED
ventilation, spreading out or drying, Wong, Office of Regulations and
chilling, replacing salt, sulfur dioxide, Interpretations, Employee Benefits
■ 1. The general authority citation for or aqueous solutions, replacing Security Administration (EBSA), (202)
erowe on PROD1PC63 with RULES
part 10 and the specific authority for damaged packing materials and 693–8500. This is not a toll-free number.
subpart N continue to read as follows: containers, and removal of units of the SUPPLEMENTARY INFORMATION: On
Authority: 19 U.S.C. 66, 1202 (General good that are spoiled or damaged and January 21, 2009, the Department of
Note 3(i), Harmonized Tariff Schedule of the present a danger to the remaining units Labor published final rules on the
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23952 Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Rules and Regulations
provision of investment advice to potential for investment adviser self- Signed at Washington, DC, this 19th day of
participants and beneficiaries of dealing. May 2009.
participant-directed individual account Alan D. Lebowitz,
On March 20, 2009, the Department
plans and to beneficiaries of individual published in the Federal Register a Deputy Assistant Secretary for Program
retirement accounts (74 FR 3822). The Operations, Employee Benefits Security
document adopting the proposed 60 day Administration, Department of Labor.
rules contain regulations implementing delay of the effective and applicability
a statutory prohibited transaction [FR Doc. E9–12065 Filed 5–21–09; 8:45 am]
date of the final rule published on
exemption under ERISA Section January 21, 2009, for agency review of BILLING CODE 4510–29–P
408(b)(14) and Section 408(g) and an questions of law and policy raised by
administrative class exemption granting commenters (74 FR 11847). The
additional relief. As published, these Department believes that the complexity ENVIRONMENTAL PROTECTION
rules were to be effective on March 23, and significance of the issues involved AGENCY
2009. Paragraph (g) of Section justify delaying the effective and
2550.408g–1 provided that the rule 40 CFR Part 52
applicability dates of the final rule for
would apply to covered transactions an additional 180 days in order to afford [EPA–R05–OAR–2007–1134; FRL–8908–1]
occurring on or after March 23, 2009. the Department time for further review.
Approval and Promulgation of Air
By memorandum dated January 20, Accordingly, the Department is
Quality Implementation Plans;
2009, Rahm Emanuel, Assistant to the adopting herein a 180 day delay of the
Michigan; Consumer Products Rule
President and Chief of Staff, directed effective and applicability date of the
Agency Heads to consider extending for final rule published on January 21, AGENCY: Environmental Protection
60 days the effective date of regulations 2009. With the adoption of this delay, Agency (EPA).
that have been published in the Federal the effective and applicability dates of ACTION: Direct final rule.
Register but not yet taken effect. The the final rule will be November 18,
memorandum further advised that, 2009. SUMMARY: EPA is approving a request
where such regulations are extended, submitted by the Michigan Department
List of Subjects in 29 CFR Part 2550 of Environmental Quality (MDEQ) on
agencies should allow 30 days for
interested persons to comment on issues Employee benefit plans, Exemptions, October 26, 2007, to revise the Michigan
of law and policy raised by the rules. In Fiduciaries, Investments, Pensions, State Implementation Plan (SIP). The
accordance with that memorandum, and State has submitted revisions to two
Prohibited transactions, Reporting and
taking into account the considerations rules in Part 6, ‘‘Emission Limitations
recordkeeping requirements, and
listed in the Memorandum of January and Prohibitions-Existing Sources of
21, 2009, from Peter R. Orszag, Director Volatile Organic Compound (VOC)
of the Office of Management and ■ For the reasons set forth above, the Emissions.’’ First, the State has revised
Budget, the Department published in publication on January 21, 2009 (74 FR R 336.1660 by adopting by reference,
the Federal Register on February 4, 3822), of the final rule amending 29 CFR with some modifications, the Ozone
2009, a document seeking comment on Part 2550, is further amended as Transport Commission’s September 13,
a proposed 60 day extension to the follows: 2006, Model Rule (Model Rule). Second,
effective dates for these rules until May the State has amended R 336.1661 by
22, 2009, and a proposed conforming PART 2550—RULES AND adopting by reference the Federal
amendment to the applicability date of REGULATIONS FOR FIDUCIARY definition of ‘‘volatile organic
Section 2550.408g–1 (74 FR 6007). The
document also requested comment on DATES: This direct final rule will be
issues of law and policy raised by the ■ 1. The authority citation for part 2550 effective July 21, 2009, unless EPA
final rules. The Department indicated is revised to read as follows: receives adverse comments by June 22,
that upon completion of its review, it Authority: 29 U.S.C. 1135; and Secretary of 2009. If adverse comments are received,
might decide to allow the rules to take Labor’s Order No. 6–2009, 74 FR 21524 (May EPA will publish a timely withdrawal of
effect, issue a further extension, 7, 2009). Secs. 2550.401b–1, 2550.408b–1, the direct final rule in the Federal
withdraw the rules, or propose 2550.408b–19, 2550.408g–1, and 2550.408g– Register informing the public that the
amendments. The comment period on 2 also issued under sec. 102, Reorganization rule will not take effect.
the proposed extension ended on Plan No. 4 of 1978, 5 U.S.C. App. Sec. ADDRESSES: Submit your comments,
February 18, 2009. The comment period 2550.401c–1 also issued under 29 U.S.C. identified by Docket ID No. EPA–R05–
on issues of law and policy concerning 1101. Sections 2550.404c–1 and 2550.404c– OAR–2007–1134, by one of the
5 also issued under 29 U.S.C. 1104. Sec. following methods:
the final rules ended on March 6, 2009.
2550.407c–3 also issued under 29 U.S.C. 1. http://www.regulations.gov: Follow
In response, the Department received 27
1107. Sec. 2550.404a–2 also issued under 26 the on-line instructions for submitting
comment letters.1 A number of these
U.S.C. 401 note (sec. 657(c)(2), Pub. L. 107– comments.
comments expressed the view that the
16, 115 Stat. 38, 136 (2001)). Sec. 2550.408b– 2. E-mail: email@example.com.
final rules raise significant issues of law 1 also issued under 29 U.S.C. 1108(b)(1). Sec.
and policy. Among these, some 3. Fax: (312) 692–2551.
2550.408b–19 also issued under sec. 4. Mail: John M. Mooney, Chief,
expressed disagreement with the final 611(g)(3), Public Law 109–280, 120 Stat. 780,
rules’ interpretation of the statutory Criteria Pollutant Section, Air Programs
exemption, and further questioned the Branch (AR–18J), U.S. Environmental
adequacy of the class exemption’s § 2550.408g–1 [Amended] Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
erowe on PROD1PC63 with RULES
conditions in mitigating against the
■ 2. Section 2550.408g–1 is amended by 5. Hand Delivery: John M. Mooney,
1 These comments are available on the
removing the date ‘‘May 22, 2009’’ and Chief, Criteria Pollutant Section, Air
Department’s Web site at: http://www.dol.gov/ebsa/ adding in its place ‘‘November 18, Programs Branch (AR–18J), U.S.
regs/cmt-investmentadvicefinalrule.html. 2009’’ in paragraph (g). Environmental Protection Agency, 77
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