This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

5899 

Vol. 74, No. 21 

Tuesday, February 3, 2009 

DEPARTMENT OF HOMELAND 

SECURITY 

8 CFR Part 274a 

[CIS No. 2441–08; Docket No. USCIS–2008– 

0001] 

RIN 1615–AB69 

Documents Acceptable for 

Employment Eligibility Verification 

AGENCY: U.S. Citizenship and 

Immigration Services, DHS. 

ACTION: Interim rule; delay of effective 

date. 

SUMMARY: U.S. Citizenship and 

Immigration Services (USCIS), 

Department of Homeland Security 

(DHS), is extending the effective date of 

its interim final rule ‘‘Documents 

Acceptable for Employment Eligibility 

Verification,’’ for 60 days, from 

February 2, 2009 to April 3, 2009. This 

temporary extension will provide DHS 

with an opportunity for further 

consideration of this rule. USCIS also is 

extending the comment period for this 

rule for 30 days. 

DATES: This document is effective 

January 30, 2009. The effective date of 

the interim rule amending 8 CFR Part 

274a, published on December 17, 2008, 

at 73 FR 76505, is delayed until April 

3, 2009. Written comments must be 

submitted on or before March 4, 2009. 

ADDRESSES: You may submit comments, 

identified by DHS Docket No. USCIS– 

2008–0001 by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Chief, Regulatory 

Management Division, U.S. Citizenship 

and Immigration Services, Department 

of Homeland Security, 111 

Massachusetts Avenue, NW., Suite 

3008, Washington, DC 20529–2210. To 

ensure proper handling, please 

reference DHS Docket No. USCIS–2008– 

0001 on your correspondence. This 

mailing address may be used for paper, 

disk, or CD–ROM submissions. 

• Hand Delivery/Courier: U.S. 

Citizenship and Immigration Services, 

Department of Homeland Security, 111 

Massachusetts Avenue, NW., Suite 

3008, Washington, DC 20529–2210. 

Contact Telephone Number is (202) 

272–8377. 

FOR FURTHER INFORMATION CONTACT: 

Stephen McHale, Verification Division, 

U.S. Citizenship and Immigration 

Services, Department of Homeland 

Security, 470 L’Enfant Plaza East, SW., 

Suite 8001, Washington, DC20529– 

2610, telephone (888) 464–4218 or email at Everify@dhs.gov. 

SUPPLEMENTARY INFORMATION: USCIS 

published an interim final rule, 

‘‘Documents Acceptable for 

Employment Verification,’’ on 

December 17, 2008, amending its 

regulations governing the types of 

acceptable identity and employment 

authorization documents and receipts 

that employees may present to their 

employers for completion of the Form I– 

9, Employment Eligibility Verification. 

Under this interim rule, employers will 

no longer be able to accept expired 

documents to verify employment 

authorization on the Form I–9. This rule 

also adds a new document to the list of 

acceptable documents that evidence 

both identity and employment 

authorization and makes several 

technical corrections and updates. The 

rule is scheduled to become effective on 

February 2, 2009. 

During the public comment period for 

this rulemaking action, which currently 

concludes on February 2, 2009, USCIS 

received a number of comments 

requesting an extension of the effective 

date. USCIS is extending the comment 

period for this rule to allow additional 

public comment on the substantive legal 

and policy issues under this interim 

final rule. 

The 60-day extension of the effective 

date of this interim final rule also 

provides DHS officials the opportunity 

for further review and consideration of 

the interim final rule. 

January 30, 2009. 

Michael Aytes, 

Acting Deputy Director, U.S. Citizenship and 

Immigration Services. 

[FR Doc. E9–2360 Filed 1–30–09; 4:15 pm] 

BILLING CODE 9111–97–P 

DEPARTMENT OF LABOR 

Employment Standards Administration 

29 CFR Parts 403 and 408 

RIN 1215–AB62 

Labor Organization Annual Financial 

Reports 

AGENCY: Office of Labor-Management 

Standards, Employment Standards 

Administration, Department of Labor. 

ACTION: Notice of proposed extension of 

effective date; request for public 

comment on legal and policy questions 

relating to the final rule. 

SUMMARY: Consistent with the 

memorandum of January 20, 2009, from 

the Assistant to the President and Chief 

of Staff, entitled ‘‘Regulatory Review’’ 

and the memorandum of January 21, 

2009, from the Director of the Office of 

Management and Budget (OMB), 

entitled ‘‘Implementation of 

Memorandum Concerning Regulatory 

Review,’’ this document seeks public 

comment on a proposal to delay for 60 

days the effective date of the final rule, 

Labor Organization Annual Financial 

Reports, published in the Federal 

Register on January 21, 2009. The rule 

revised Form LM–2 and established a 

procedure whereby the Department may 

revoke, when warranted, the 

authorization to file the simplified 

report Form LM–3. This document 

proposes to extend the effective date 

until April 21, 2009. The Department 

seeks comments on whether or not it 

should delay the effective date of the 

final rule in order to provide an 

opportunity for further review and 

consideration of the questions of law 

and policy raised by it. For that reason, 

the Department also seeks comments 

generally on the rule, including 

comments on the merits of rescinding or 

retaining the rule. 

DATES: Labor Organization Annual 

Financial Reports, published in the 

Federal Register on January 21, 2009 

(74 FR 3677), is to take effect on 


yshivers on PROD1PC62 with RULES
5900 Federal Register / Vol. 74, No. 21 / Tuesday, February 3, 2009 / Rules and Regulations 

February 20, 2009. The comment period 

for the extension of the effective date of 

the final rule will close on February 13, 

2009. The comment period for 

providing comment on legal and policy 

questions relating to the rule itself will 

close on March 5, 2009. 

ADDRESSES: You may submit comments, 

identified by RIN 1215–AB62, only by 

the following methods: 

Internet—Federal eRulemaking Portal. 

Electronic comments may be submitted 

through http://www.regulations.gov. To 

locate the proposed rule, use key words 

such as ‘‘Labor-Management Standards’’ 

or ‘‘Labor Organization Annual 

Financial Reports’’ to search documents 

accepting comments. Follow the 

instructions for submitting comments. 

Please be advised that comments 

received will be posted without change 

to http://www.regulations.gov, including 

any personal information provided. 

Delivery: Comments should be sent to: 

Denise M. Boucher, Director of the 

Office of Policy, Reports and Disclosure, 

Office of Labor-Management Standards, 

U.S. Department of Labor, 200 

Constitution Avenue, NW., Room N– 

5609, Washington, DC 20210. Because 

of security precautions the Department 

continues to experience delays in U.S. 

mail delivery. You should take this into 

consideration when preparing to meet 

the deadline for submitting comments. 

The Office of Labor-Management 

Standards (OLMS) recommends that 

you confirm receipt of your delivered 

comments by contacting (202) 693–0123 

(this is not a toll-free number). 

Individuals with hearing impairments 

may call (800) 877–8339 (TTY/TDD). 

Only those comments submitted 

through http://www.regulations.gov, 

hand-delivered, or mailed will be 

accepted. Comments will be available 

for public inspection at http:// 

www.regulations.gov and during normal 

business hours at the above address. 

FOR FURTHER INFORMATION CONTACT: 

Denise M. Boucher, Director, Office of 

Policy, Reports and Disclosure, Office of 

Labor-Management Standards, 

Employment Standards Administration, 

U.S. Department of Labor, 200 

Constitution Avenue, NW., Room N– 

5609, Washington, DC 20210, (202) 693– 

0123 (this is not a toll-free number), 

(800) 877–8339 (TTY/TDD). 

SUPPLEMENTARY INFORMATION: The 

Department has determined that the rule 

involves matters of law and policy that 

should be addressed by the new 

Administration before the rule takes 

effect and is first applied to labor 

organizations. The Department has 

chosen to seek public comments now, 

rather than permit the rule to go into 

effect, due to the front end burdens 

associated with the rule. Without this 

proposal to delay the effective date, 

affected labor organizations likely will 

undertake much effort and expense in 

changing their recordkeeping systems to 

meet the changes required by the rule. 

If a decision is made to propose changes 

and such changes are ultimately 

effectuated, these expenses will have 

been incurred unnecessarily. The tasks 

undertaken will have to be repeated, 

and costs duplicated, to comply with 

any further revisions to the rule. 

Additionally, the Department itself will 

incur significant start up costs in 

revising its electronic software to make 

the changes required by the rule; costs 

that will have to be duplicated if 

changes are later proposed and 

effectuated in a final rule. Furthermore, 

unless the Department now proposes to 

delay the effective date of the rule, the 

Department will have to begin 

answering questions and providing 

compliance assistance about how the 

final rule is to be implemented, 

guidance that will only confuse labor 

organizations if new guidance about a 

revised rule has to be provided in the 

near future. For the foregoing reasons, 

the Department has determined to 

propose delay of the effective date of the 

final rule and, by doing so, alert affected 

labor organizations that it may be 

advisable for them to delay preparations 

and financial commitments associated 

with the changes required by the final 

rule until a decision is made regarding 

the effective date of the final rule. The 

Department proposes the delay of the 

effective date to provide an opportunity 

for further review and consideration of 

the questions of law and policy raised 

by it. For that reason, the Department 

also seeks comments generally on the 

rule, including comments on the merits 

of rescinding or retaining the rule. 

Dated: January 29, 2009. 

Andrew D. Auerbach, 

Deputy Director, Office of Labor-Management 

Standards. 

[FR Doc. E9–2223 Filed 1–29–09; 4:15 pm] 

BILLING CODE 4510–CP–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 112 

[EPA–HQ–OPA–2007–0584; FRL–8770–7] 

RIN 2050–AG16 

Oil Pollution Prevention; NonTransportation Related Onshore 

Facilities; Spill Prevention, Control, 

and Countermeasure Rule—Final 

Amendments 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule: Delay of effective 

date and request for comment. 

SUMMARY: The Environmental Protection 

Agency (EPA) is delaying by sixty days 

the effective date of the final rule that 

amends the Spill Prevention, Control, 

and Countermeasure (SPCC) regulations 

published in the Federal Register on 

December 5, 2008. Thus, the 

amendments will become effective on 

April 4, 2009. EPA additionally is 

requesting public comment on the 

extension of the effective date and its 

duration, and on the regulatory 

amendments contained in the final rule. 

DATES: This document is effective 

February 3, 2009. The effective date of 

FR Doc. E8–28159, published in the 

Federal Register on December 5, 2008 

(73 FR 74236), is delayed to April 4, 

2009. 

Comments must be received on or 

before March 5, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OPA–2007–0584, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Mail: EPA Docket, Environmental 

Protection Agency, Mail code: 2822T, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460. 

• Hand Delivery: EPA/DC, EPA West, 

Room 3334, 1301 Constitution Ave., 

NW., Washington, DC. Such deliveries 

are only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OPA–2007– 

0584. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 


yshivers on PROD1PC62 with RULES