8630 Federal Register / Vol. 72, No. 38 / Tuesday, February 27, 2007 / Rules and Regulations 

year of a small employer. The term ‘‘small 

employer’’ is defined as an employer who 

employed an average of at least 2 but not more than 

50 employees on business days during the 

preceding calendar year and who employs at least 

2 employees on the first day of the plan year. 

a result of this statutory amendment, 

and to assist employers, plan sponsors, 

health insurance issuers, and workers, 

the Department of Labor has developed 

this amendment of the interim final 

regulations, in consultation with the 

Departments of the Treasury and Health 

and Human Services, conforming the 

regulatory sunset date to the new 

statutory sunset date. The Department is 

also making conforming changes 

extending the duration of the increased 

cost exemption to be consistent with the 

new sunset date. 

Since the extension of this sunset date 

is not discretionary, this amendment to 

the MHPA regulations is promulgated 

on an interim final basis pursuant to 

Section 734 of ERISA. This interim final 

amendment is also promulgated 

pursuant to Section 553(d)(3) of the 

Administrative Procedure Act, allowing 

for regulations to become effective 

immediately for good cause. 

C. Executive Order 12866 

Under Executive Order 12866, the 

Department must determine whether a 

regulatory action is ‘‘significant’’ and 

therefore subject to the requirements of 

the Executive Order and subject to 

review by the Office of Management and 

Budget (OMB). Under section 3(f), the 

order defines a ‘‘significant regulatory 

action’’ as an action that is likely to 

result in a rule: (1) Having an annual 

effect on the economy of $100 million 

or more, or adversely and materially 

affecting a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

state, local or tribal governments or 

communities (also referred to as 

‘‘economically significant’’); (2) creating 

serious inconsistency or otherwise 

interfering with an action taken or 

planned by another agency; (3) 

materially altering the budgetary 

impacts of entitlement grants, user fees, 

or loan programs or the rights and 

obligations of recipients thereof; or (4) 

raising novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in the Executive Order. 

Pursuant to the terms of the Executive 

Order, it has been determined that this 

action is not a ‘‘significant regulatory 

action’’ within the meaning of the 

Executive Order. This action is an 

amendment to the interim final 

regulations and merely extends the 

regulatory sunset date to conform to the 

new statutory sunset date added by H.R. 

6111. 

D. Paperwork Reduction Act 

This action does not impose any new 

or revised information collection 

requirements for purposes of the 

Paperwork Reduction Act of 1995, 44 

U.S.C. 3501–30. Therefore, no 

submission for OMB approval is being 

made in connection with this interim 

final amendment. 

E. Regulatory Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) (RFA) imposes 

certain requirements with respect to 

federal rules that are subject to the 

notice and comment requirements of 

section 553(b) of the Administrative 

Procedure Act (5 U.S.C. 551 et seq.). 

Because this amendment to the interim 

final regulations is being published on 

an interim final basis, without prior 

notice and a period for comment, the 

Regulatory Flexibility Act does not 

apply. 

F. Unfunded Mandates Reform Act 

For purposes of the Unfunded 

Mandates Reform Act of 1995 (Pub. L. 

104–4) (UMRA), as well as Executive 

Order 12875, this interim final 

amendment does not include any 

federal mandate that may result in 

expenditures by state, local, or tribal 

governments, and does not include 

mandates that may impose an annual 

expenditure of $100 million or more on 

the private sector. 

G. Congressional Review Act 

This interim final amendment is 

subject to the Congressional Review Act 

provisions of the Small Business 

Regulatory Enforcement Fairness Act of 

1996 (5 U.S.C. 801 et seq.) (SBREFA), 

and has been transmitted to Congress 

and the Comptroller General for review. 

This amendment to the interim final 

regulations is not a major rule, as that 

term is defined by 5 U.S.C. 804. 

H. Federalism Statement 

Executive Order 13132 (August 4, 

1999) outlines fundamental principles 

of federalism and requires the 

adherence to specific criteria by federal 

agencies in the process of their 

formulation and implementation of 

policies that have substantial direct 

effects on the states, the relationship 

between the states, the relationship 

between the national government and 

the states, or on the distribution of 

power and responsibilities among the 

various levels of government. This 

interim final amendment does not have 

federalism implications as it only 

conforms the regulatory sunset date to 

the new statutory sunset date added by 

H.R. 6111. 

List of Subjects in 29 CFR Part 2590 

Continuation coverage, Disclosure, 

Employee benefit plans, Group health 

plans, Health care, Health insurance, 

Medical child support, Reporting and 

recordkeeping requirements. 

Employee Benefits Security 

Administration 

■ 29 CFR part 2590 is amended as 

follows: 

PART 2590—RULES AND 

REGULATIONS FOR GROUP HEALTH 

PLANS 

■ 1. The authority for part 2590 

continues to read as follows: 

Authority: 29 U.S.C. 1027, 1059, 1135, 

1161–1168, 1169, 1181–1183, 1181 note, 

1185, 1185a, 1185b, 1191, 1191a, 1191b, and 

1191c, sec. 101(g), Pub. L. 104–191, 101 Stat. 

1936; sec. 401(b), Pub. L. 105–200, 112 Stat. 

645 (42 U.S.C. 651 note); Secretary of Labor’s 

Order 1–2003, 68 FR 5374 (Feb. 3, 2003). 

§ 2590.712 [Amended] 

■ 2. Amend § 2590.712 (f)(1), (g)(2), and 

(i) by removing the date ‘‘December 31, 

2006’’ and add in its place the date 

‘‘December 31, 2007’’ wherever it 

appears in these paragraphs. 

Signed at Washington, DC this 21st day of 

February, 2007. 

Bradford P. Campbell, 

Acting Assistant Secretary, Employee Benefits 

Security Administration. 

[FR Doc. E7–3278 Filed 2–26–07; 8:45 am] 

BILLING CODE 4510–29–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–HQ–OAR–2004–0357; FRL–8281–9] 

RIN 2060–AO03 

National Emission Standards for 

Hazardous Air Pollutants: Shipbuilding 

and Ship Repair (Surface Coating) 

Operations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of direct final rule; 

notice of reopening of public comment 

period. 

SUMMARY: Because EPA received 

adverse comments, we are withdrawing 

the direct final rule for the National 

Emission Standards for Hazardous Air 

Pollutants for Shipbuilding and Ship 

Repair (Surface Coating) Operations 


cprice-sewell on PROD1PC66 with RULES
Federal Register / Vol. 72, No. 38 / Tuesday, February 27, 2007 / Rules and Regulations 8631 

published on December 29, 2006. 

Additionally, this notice serves to 

reopen the public comment period for 

60 days to facilitate the collection and 

submission of data by affected sources. 

This information will assist EPA in 

determining the appropriate course of 

action for addressing surface coating 

operations that are the subject of the 

direct final rule amendments. 

DATES: As of February 27, 2007, EPA 

withdraws the direct final rule 

published at 71 FR 78369 on December 

29, 2006 and reopens the public 

comment period. Comments. Written 

comments must be received on or before 

April 30, 2007. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ–

OAR–2002–0093, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: a-and-r-docket@epa.gov and 

serageldin.mohamed@epa.gov. 

• Fax: (202) 566–1741 and (919) 541–

3470. 

• Mail: U.S. Postal Service, send 

comments to: Air and Radiation Docket 

(6102T), 1200 Pennsylvania Avenue, 

NW., Washington, DC 20460. Please 

include a total of two copies. 

• Hand Delivery: In person or by 

courier, deliver comments to: Air and 

Radiation Docket (6102T), EPA West, 

Room 334, 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. 

Please include a total of two copies. 

We request that you also send a 

separate copy of each comment to the 

contact person listed below (see FOR

FURTHER INFORMATION CONTACT). 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2004–

0357, (Legacy No. A–92–11). 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 whose disclosure is 

restricted by statute. Do not submit 

information that you consider to be CBI 

or otherwise protected through 

www.regulations.gov or e-mail. Send or 

deliver information identified as CBI 

only to the following address: Mr. 

Roberto Morales, OAQPS Document 

Control Officer, EPA (C404–02), 

Attention Docket ID No. EPA–HQ–

OAR–2004–0357, (Legacy No. A–92–

11), Research Triangle Park, NC 27711. 

Clearly mark the part or all of the 

information that you claim to be CBI. 

The www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment with any disk 

or CD–ROM you submit. If EPA cannot 

read your comment due to technical 

difficulties and cannot contact you for 

clarification, EPA may not be able to 

consider your comment. Electronic files 

should avoid the use of special 

characters, any form of encryption, and 

be free of any defects or viruses. For 

additional information about EPA’s 

public docket, visit the EPA Docket 

Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket. All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Air and Radiation Docket, Docket ID 

No. EPA–HQ–OAR–2002–0093, EPA 

West, Room 334, 1301 Constitution 

Ave., NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the EPA Docket Center is 

(202) 566–1742. 

Note: The EPA Docket Center suffered 

damage due to flooding during the last week 

of June 2006. The Docket Center is 

continuing to operate. However, during the 

cleanup, there will be temporary changes to 

Docket Center telephone numbers, addresses, 

and hours of operation for people who wish 

to make hand deliveries or visit the Public 

Reading Room to view documents. Consult 

EPA’s Federal Register notice at 71 FR 38147 

(July 5, 2006) or the EPA Web site at http:// 

www.epa.gov/epahome/dockets.htm for 

current information on docket operations, 

locations, and telephone numbers. The 

Docket Center’s mailing address for U.S. mail 

and the procedure for submitting comments 

to www.regulations.gov are not affected by 

the flooding and will remain the same. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Mohamed Serageldin, Environmental 

Protection Agency, Office of Air Quality 

Planning and Standards, Sector Policies 

and Programs Division, Natural 

Resources and Commerce Group (E143–

03), Research Triangle Park, NC 27711, 

telephone number (919) 541–2379, 

electronic mail address 

serageldin.mohamed@epa.gov. 

SUPPLEMENTARY INFORMATION: Because 

EPA received adverse comment, we are 

withdrawing the direct final rule for the 

National Emission Standards for 

Hazardous Air Pollutants for 

Shipbuilding and Ship Repair (Surface 

Coating) Operations published on 

December 29, 2006 (71 FR 78369). We 

stated in that direct final rule that if we 

received adverse comment by January 

29, 2007, the direct final rule would not 

take effect and we would publish a 

timely withdrawal in the Federal 

Register. We subsequently received 

adverse comment on that direct final 

rule and are, therefore, withdrawing the 

rule. EPA is also reopening the public 

comment period for 60 days to afford 

affected sources an opportunity to 

collect and submit additional data. EPA 

will evaluate the comments received, 

including any data and other 

information, and will determine the 

appropriate course of action for 

addressing the activities at issue in the 

direct final rule. 

List of Subjects in 40 CFR Part 63 

Environmental protection, Air 

pollution control, Hazardous 

substances, Reporting and 

recordkeeping requirements. 

Dated: February 21, 2007. 

Stephen L. Johnson, 

Administrator. 

■ The direct final amendments are 

withdrawn, accordingly, the 

amendments to the rule published on 

December 29, 2006 (71 FR 78369) are 

withdrawn as of February 27, 2007. 

[FR Doc. E7–3311 Filed 2–26–07; 8:45 am] 

BILLING CODE 6560–50–P 


cprice-sewell on PROD1PC66 with RULES