6008 Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / Proposed Rules 

copies should send or deliver their 

comments to the Office of Regulations 

and Interpretations, Employee Benefits 

Security Administration, Attn: 

Investment Advice Final Rule, Room N– 

5655, U.S. Department of Labor, 200 

Constitution Avenue, NW., Washington, 

DC 20210. All comments will be 

available to the public, without charge, 

online at http://www.regulations.gov 

and http://www.dol.gov/ebsa and at the 

Public Disclosure Room, N–1513, 

Employee Benefits Security 

Administration, U.S. Department of 

Labor, 200 Constitution Avenue, NW., 

Washington, DC 20210. 

SUPPLEMENTARY INFORMATION: On 

January 21, 2009, the Department of 

Labor published final rules on the 

provision of investment advice to 

participants and beneficiaries of 

participant-directed individual account 

plans and to beneficiaries of individual 

retirement accounts (74 FR 3822). The 

rules contain regulations implementing 

a statutory prohibited transaction 

exemption under ERISA § 408(b)(14) 

and § 408(g) and an administrative class 

exemption granting additional relief. As 

published, these rules were to be 

effective on March 23, 2009. Paragraph 

(g) of § 2550.408g–1 provided that the 

rule would apply to covered 

transactions occurring on or after March 

23, 2009. 

By memorandum dated January 20, 

2009, Rahm Emanuel, Assistant to the 

President and Chief of Staff, directed 

Agency Heads to consider extending for 

60 days the effective date of regulations 

that have been published in the Federal 

Register but not yet taken effect. The 

memorandum further advised that, 

where such regulations are extended, 

agencies should allow 30 days for 

interested persons to comment on issues 

of law and policy raised by the rules. In 

accordance with that memorandum, and 

taking into account the considerations 

listed in the Memorandum of January 

21, 2009, from Peter R. Orszag, Director 

of the Office of Management and 

Budget, the Department is proposing to 

extend the effective date for these rules 

until May 22, 2009, and to make a 

conforming amendment to the 

applicability date of § 2550.408g–1. 

Extending the effective date for 60 

days will allow the public to comment 

on whether the rules raise significant 

policy and legal issues and for the 

Department to review these comments 

and the rules before the relief granted by 

the rules becomes available. The 

exemptive relief granted by the rules 

would serve little purpose if the 

Department were to withdraw or amend 

the rules after plans and investment 

advisers had implemented procedures 

and incurred expenses in order to make 

use of the exemptive relief. 

The Department solicits comments on 

the proposal to extend the effective and 

applicability dates for 60 days. For this 

purpose, the comment period will end 

on February 18, 2009. At the same time, 

the Department also solicits comments 

on issues of law and policy concerning 

all the provisions of these rules. The 

purpose of these comments is to assist 

the Department in its review of these 

rules. Upon completion of this review, 

the Department may decide to allow the 

rules to take effect, issue a further 

extension, withdraw the rules, or 

propose amendments. The Department 

requests comments on each of these 

possible outcomes. The comment period 

for this broader purpose will end on 

March 6, 2009. 

List of Subjects in 29 CFR Part 2550 

Employee benefit plans, Exemptions, 

Fiduciaries, Investments, Pensions, 

Prohibited transactions, Reporting and 

recordkeeping requirements, and 

Securities. 

For the reasons set forth above, the 

publication on January 21, 2009 (73 FR 

3822), of the final rule amending 29 CFR 

Part 2550, is proposed to be further 

amended as follows: 

PART 2550—RULES AND 

REGULATIONS FOR FIDUCIARY 

RESPONSIBILITY 

1. The authority citation for part 2550 

is revised to read as follows: 

Authority: 29 U.S.C. 1135; and Secretary of 

Labor’s Order No. 1–2003, 68 FR 5374 (Feb. 

3, 2003). Sec. 2550.401b–1 also issued under 

sec. 102, Reorganization Plan No. 4 of 1978, 

43 FR 47713 (Oct. 17, 1978), 3 CFR, 1978 

Comp. 332, effective Dec. 31, 1978, 44 FR 

1065 (Jan. 3, 1978), 3 CFR, 1978 Comp. 332. 

Sec. 2550.401c–1 also issued under 29 U.S.C. 

1101. Sections 2550.404c–1 and 2550.404c– 

5 also issued under 29 U.S.C. 1104. Sec. 

2550.407c–3 also issued under 29 U.S.C. 

1107. Sec. 2550.404a–2 also issued under 26 

U.S.C. 401 note (sec. 657, Pub. L. 107–16, 115 

Stat. 38). Sec. 2550.408b–1 also issued under 

29 U.S.C. 1108(b)(1) and sec. 102, 

Reorganization Plan No. 4 of 1978, 3 CFR, 

1978 Comp. p. 332, effective Dec. 31, 1978, 

44 FR 1065 (Jan. 3, 1978), and 3 CFR, 1978 

Comp. 332. Sec. 2550.408b–19 also issued 

under sec. 611, Public Law 109–280, 120 

Stat. 780, 972, and sec. 102, Reorganization 

Plan No. 4 of 1978, 3 CFR, 1978 Comp. p. 

332, effective Dec. 31, 1978, 44 FR 1065 (Jan. 

3, 1978), and 3 CFR, 1978 Comp. 332. Sec. 

2550.408g–1 also issued under sec. 102, 

Reorganization Plan No. 4 of 1978, 3 CFR, 

1978 Comp. p. 332, effective Dec. 31, 1978, 

44 FR 1065 (Jan. 3, 1978), and 3 CFR, 1978 

Comp. 332. Sec. 2550.408g–2 also issued 

under 29 U.S.C. 1108(g) and sec. 102, 

Reorganization Plan No. 4 of 1978, 3 CFR, 

1978 Comp. p. 332, effective Dec. 31, 1978, 

44 FR 1065 (Jan. 3, 1978), and 3 CFR, 1978 

Comp. 332. Sec. 2550.412–1 also issued 

under 29 U.S.C. 1112. 

2. Section 2550.408g–1 is amended by 

removing the date ‘‘March 23, 2009’’ 

and adding in its place ‘‘May 22, 2009’’ 

in paragraph (g). 

Signed at Washington, DC, this 29th day of 

January, 2009. 

Alan D. Lebowitz, 

Deputy Assistant Secretary for Program 

Operations, Employee Benefits Security 

Administration, Department of Labor. 

[FR Doc. E9–2296 Filed 2–3–09; 8:45 am] 

BILLING CODE 4510–29–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 6 

[EPA–HQ–OECA–2009–0006; FRL–8766–1] 

RIN 2020–AA48 

Procedures for Implementing the 

National Environmental Policy Act and 

Assessing the Environmental Effects 

Abroad of EPA Actions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to correct its 

rule entitled ‘‘Procedures for 

Implementing the National 

Environmental Policy Act and Assessing 

the Effects Abroad of EPA Actions,’’ 

which was published September 19, 

2007. Since the final rule became 

effective on October 19, 2007, EPA has 

received inquiries about some minor 

inconsistencies and ambiguities in the 

final rule. This action involves four 

minor, technical corrections to the rule 

to address those issues. The first 

correction expands the definition of 

‘‘applicants’’ to include those who 

request EPA approvals. The second 

change clarifies that a categorical 

exclusion includes vacant land. The 

third change corrects the text to indicate 

that the number of extraordinary 

circumstances is ten. The last change 

expands Subpart C to apply to EPA 

approvals as well as permits and 

assistance grants. In the ‘‘Rules and 

Regulations’’ section of this Federal 

Register, we have made these four 

changes as a direct final rule without a 

prior proposed rule. If we receive no 

adverse comment, we will not take 

further action on this proposed rule. 

DATES: Any comments must be received 

by March 6, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. [EPA–HQ– 

Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / Proposed Rules 6009 

OECA–2009–0006], by mail to by one of 

the following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: Hargrove.robert@epa.gov. 

• Fax: 202–564–0072, Attention: 

Robert Hargrove. 

• Mail: EPA–HQ–OECA–2009–0006, 

Environmental Protection Agency, EPA 

Docket Center (EPA/DC), Enforcement 

and Compliance Docket and Information 

Center, Mailcode: 2201T, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460. 

• Hand Delivery: Public Reading 

Room, Room B102, Enforcement and 

Compliance Docket and Information 

Center, EPA West Building, 1301 

Constitution Avenue, NW., Washington, 

DC 20004. Such deliveries are only 

accepted during the Docket’s normal 

hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Robert Hargrove; NEPA Compliance 

Division; Office of Federal Activities 

(Mailcode 2252A), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460; 

telephone number: (202) 564–7157; fax 

number: (202)–564–0072; e-mail 

address: Hargrove.robert@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

preamble is organized according to the 

following outline: 

I. General Information 

A. Why Is EPA Publishing a Proposed 

Rule? 

B. Does This Rule Apply to Me? 

C. Statutory Authority 

D. Background 

II. EPA’s Action 

III. Statutory and Executive Order Reviews 

I. General Information 

A. Why Is EPA Publishing a Proposed 

Rule? 

EPA is proposing to take action on 

‘‘Procedures for Implementing the 

National Environmental Policy Act and 

Assessing the Environmental Effects 

Abroad of EPA Actions.’’ We have 

published a direct final rule which 

includes only four minor corrections to 

these procedures in the ‘‘Rules and 

Regulations’’ section of this Federal 

Register because we view this as a noncontroversial action and anticipate no 

adverse comment. 

B. Does This Rule Apply to Me? 

Those subject to this rule include EPA 

employees who must comply with the 

National Environmental Policy Act of 

1969 (42 U.S.C. 4321–4347), and certain 

grant and permit applicants who must 

submit environmental information 

documentation to EPA for their 

proposed projects. 

C. Statutory Authority 

NEPA establishes the federal 

government’s national policy for 

protection of the environment. The 

Council on Environmental Quality’s 

(CEQ’s) Regulations at 40 CFR parts 

1500 through 1508 establish procedures 

for implementing this national policy. 

The CEQ’s Regulations (40 CFR 1505.1) 

require federal agencies to adopt and, as 

needed, revise their own NEPA 

implementing procedures to 

supplement the CEQ Regulations and to 

ensure their decision-making processes 

are consistent with NEPA. 

D. Background 

On September 19, 2007 (72 FR 53652), 

EPA published a final rule amending its 

regulations for implementing NEPA and 

Executive Order 12114, ‘‘Environmental 

Effects Abroad of Major Federal 

Actions.’’ The Agency amended its 

NEPA implementing procedures by: (1) 

Consolidating and standardizing the 

procedural provisions and requirements 

of the Agency’s environmental review 

process under NEPA; (2) clarifying the 

general procedures associated with 

categorical exclusions, consolidating the 

categories of actions subject to 

categorical exclusion, amending existing 

and adding new categorical exclusions, 

and consolidating and amending 

existing and adding new extraordinary 

circumstances; (3) consolidating and 

amending the listing of actions that 

generally require an environmental 

impact statement; (4) clarifying the 

procedural requirements for 

consideration of applicable 

environmental review laws and 

executive orders; and (5) incorporating 

other proposed revisions consistent 

with CEQ Regulations. The final rule 

supplements and is used in conjunction 

with the CEQ NEPA Regulations. 40 

CFR part 6 also includes EPA’s 

procedures, ‘‘Assessing the 

Environmental Effects Abroad of EPA 

Actions,’’ that implement Executive 

Order 12114, ‘‘Environmental Effects 

Abroad of Major Federal Actions’’ (see 

46 FR 3364). The final rule included 

minor, technical amendments to EPA’s 

procedures for implementing the Order. 

II. EPA’s Action 

Following the publication of the final 

rule, four minor errors were discovered. 

Through this proposed rule, the Agency 

is correcting these errors. The first 

correction is a minor expansion of the 

definition of ‘‘applicant,’’ found at 40 

CFR 6.102(b)(2). The revised definition 

now includes those who request EPA 

approval in addition to those who 

request financial assistance or who are 

applying to EPA for a permit. The next 

correction involves the categorical 

exclusion (CE) found at 40 CFR 

6.204(a)(2)(vi). That CE allows for the 

acquisition, transfer, lease, disposition 

or closure of existing permanent 

structures, land, equipment, materials, 

or personal property as long as a 

number of provisions are met. The CE 

is being corrected to include vacant land 

because the acquisition of vacant land 

meets the required provisions. The third 

correction is to 40 CFR 6.204(f)(2)(ii), 

which states that there are 14 

extraordinary circumstances. The final 

rule, however, contains only ten 

extraordinary circumstances. The last 

correction is to 40 CFR 6.300(a), which 

is being expanded to apply to those who 

are requesting other EPA approvals. 

Accordingly, EPA is correcting these 

minor errors through this proposed rule. 

EPA anticipates no adverse comments to 

these minor technical changes, and has 

therefore published this action as a 

direct final rule in the ‘‘Rules and 

Regulations’’ section of this Federal 

Register. Any parties interested in 

commenting must do so at this time. If 

we receive no adverse comment, we will 

not take further action on this proposed 

rule. If we receive adverse comment, we 

will withdraw the direct final rule and 

it will not take effect. We would address 

all public comments in any subsequent 

final rule based on this proposed rule. 

III. Statutory and Executive Order 

Review 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. This 

action merely makes technical 

corrections to a recently finalized rule, 

and does not impose any additional 

requirements. This rule does not impose 

an information collection burden under 

the provisions of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). Accordingly, the Administrator 

certifies that this rule will not have a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). This action contains 

no Federal mandates under the 

provisions of Title II of the Unfunded 

Mandates Reform Act of 1995 (UMRA), 

2 U.S.C. 1531–1538 for State, local, or 

tribal governments or the private sector. 

Therefore, this action is not subject to 

the requirements of sections 202 or 205 

of the UMRA. Because this rule does not 

impose any additional enforceable duty, 

6010 Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / Proposed Rules 

it 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). 

This action also does not have 

federalism implications because it does 

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, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). Thus, Executive Order 

13132 does not apply to this rule. This 

action merely makes technical 

corrections to a recently-finalized rule 

and does not alter the relationship or 

the distribution of power and 

responsibilities. 

This rule also does not have tribal 

implications because it will not have a 

substantial direct effect on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 97249, November 9, 2000). Thus, 

Executive Order 13175 does not apply 

to this action. EPA interprets Executive 

Order 13045 ‘‘Protection of Children 

from Environmental Health and Safety 

Risks’’ (62 FR 19885, April 23, 1997) as 

applying only to those regulatory 

actions that concern health or safety 

risks, such that the analysis required 

under section 5–501 of the EO has the 

potential to influence the regulation. 

This action is not subject to EO 13045 

because it does not establish an 

environmental standard intended to 

mitigate health or safety risks. 

This action is not subject to Executive 

Order 13211 (66 FR 28355 (May 22, 

2001)), because it is not a significant 

regulatory action under Executive Order 

12866. This action does not involve 

technical standards. Therefore, EPA did 

not consider the use of any voluntary 

consensus standards. The requirements 

of section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) do not 

apply. 

EPA has determined that this final 

rule will not have disproportionately 

high and adverse human health or 

environmental effects on minority or 

low-income populations because it does 

not affect the level of protection 

provided to human health or the 

environment. This action merely makes 

technical corrections to a recentlyfinalized rule, and these corrections 

have no effect on minority or lowincome populations. 

List of Subjects in 40 CFR Part 6 

Environmental protection, 

Environmental assessments, 

Environmental impact statements, 

Environmental protection reporting, 

Foreign relations, Grant programs— 

environmental protection, Reporting 

and recordkeeping requirements. 

Dated: January 15, 2009. 

Stephen L. Johnson, 

Administrator. 

[FR Doc. E9–2350 Filed 2–3–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R06–RCRA–2008–0754; FRL–8768–1] 

Oklahoma: Final Authorization of State 

Hazardous Waste Management 

Program Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The State of Oklahoma has 

applied to EPA for Final authorization 

of the changes to its hazardous waste 

program under the Resource 

Conservation and Recovery Act (RCRA). 

EPA proposes to grant Final 

authorization to the State of Oklahoma. 

In the ‘‘Rules and Regulations’’ section 

of this Federal Register, EPA is 

authorizing the changes by an 

immediate final rule. EPA did not make 

a proposal prior to the immediate final 

rule because we believe this action is 

not controversial and do not expect 

comments that oppose it. We have 

explained the reasons for this 

authorization in the preamble to the 

immediate final rule. Unless we get 

written comments which oppose this 

authorization during the comment 

period, the immediate final rule will 

become effective on the date it 

establishes, and we will not take further 

action on this proposal. If we receive 

comments that oppose this action, we 

will withdraw the immediate final rule 

and it will not take effect. We will then 

respond to public comments in a later 

final rule based on this proposal. You 

may not have another opportunity for 

comment. If you want to comment on 

this action, you must do so at this time. 

DATES: Send your written comments by 

March 6, 2009. 

ADDRESSES: Send written comments to 

Alima Patterson, Region 6, Regional 

Authorization Coordinator (6PD–O), 

Multimedia Planning and Permitting 

Division, at the address shown below. 

You can examine copies of the materials 

submitted by the State of Oklahoma 

during normal business hours at the 

following locations: EPA Region 6, 1445 

Ross Avenue, Dallas, Texas 75202–2733, 

phone number (214) 665–8533; or 

Oklahoma Department of Environmental 

Quality, 707 North Robinson, Oklahoma 

City, Oklahoma 73101–1677, (405) 702– 

7180. Comments may also be submitted 

electronically or through hand delivery/ 

courier; please follow the detailed 

instructions in the ADDRESSES section of 

the immediate final rule which is 

located in the Rules section of this 

Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Alima Patterson (214) 665–8533. 

SUPPLEMENTARY INFORMATION: For 

additional information, please see the 

immediate final rule published in the 

‘‘Rules and Regulations’’ section of this 

Federal Register. 

Dated: November 7, 2008. 

Richard E. Greene, 

Regional Administrator, Region 6. 

[FR Doc. E9–2371 Filed 2–3–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 216 

RIN 0648–AX36 

Notification of Receipt of a Petition for 

Rulemaking to Implement the 

Provisions of the Marine Mammal 

Protection Act for Swordfish Imports 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Reopening of comment period. 

SUMMARY: In order to provide additional 

opportunities for the public, foreign 

nations that export swordfish to the 

United States, and other interested 

parties to comment on the petition for 

rulemaking to implement the provisions 

of section 101(a)(2)(A) of the Marine 

Mammal Protection Act for swordfish 

imports, NMFS is reopening the 

comment period. On December 15, 

2008, NMFS published a notification of 

receipt of the petition. Based on the 

December 15, 2008 document, the 

comment period was scheduled to 

conclude on January 29, 2009. NMFS is 

now reopening the comment period 

until March 23, 2009. Comments 

received will be considered by NMFS as 

it determines whether to proceed with