33850 Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules and Regulations

purposes of the requirement to furnish

the updated summary plan description

to each participant and each beneficiary

receiving benefits under the plan (other

than beneficiaries receiving benefits

under a welfare plan) required by

section 104(b)(1) of the Act, the

administrator of an employee benefit

plan shall furnish such updated

summary plan description no later than

210 days following the end of the plan

year which occurs five years after the

last date a change in the information

required to be disclosed by section 102

or 29 CFR 2520.102–3 would have been

reflected in the most recently

distributed summary plan description

(or updated summary plan description)

as described in section 102 of the Act.

(2) In the case of a plan to which no

amendments have been made between

the end of the time period covered by

the last distributed summary plan

description (or updated summary plan

description), described in section 102 of

the Act, and the next occurring

applicable date described in paragraph

(b)(1) of this section, for purposes of the

requirement to furnish the updated

summary plan description to each

participant, and to each beneficiary

receiving benefits under the plan (other

than beneficiaries receiving benefits

under a welfare plan), required by

section 104(b)(1) of the Act, the

administrator of an employee benefit

plan shall furnish such updated

summary plan description no later than

210 days following the end of the plan

year which occurs ten years after the

last date a change in the information

required to be disclosed by section 102

or 29 CFR 2520.102–3 would have been

reflected in the most recently

distributed summary plan description

(or updated summary plan description),

as described in section 102 of the Act.

* * * * *

§ 2520.104b–2 [Amended]

10. Paragraphs (c), (d), (e), (f) and (h)

of § 2520.104b–2 are removed and

reserved.

§ 2520.104b–4 [Amended]

11. Paragraph (d) of § 2520.104b–4 is

removed.

§§ 2520.104b–5—2520.104b–12 [Removed]

12. Sections 2520.104b–5 and

2520.104b–12 are removed.

PART 2550—RULES AND

REGULATIONS FOR FIDUCIARY

RESPONSIBILITY

13. The authority citation for part

2550 is revised to read as follows:

Authority: 29 U.S.C. 1135. Section

2550.401b–1 also issued under sec. 102,

Reorganization Plan No. 4 of 1978 (43 FR

47713, Oct. 17, 1978), effective December 31,

1978 (44 FR 1065, Jan. 3, 1979), 3 CFR, 1978

Comp., p. 332. Section 2550.404c–1 also

issued under 29 U.S.C. 1104. Section

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

1107. Section 2550.408b–1 also issued under

sec. 102, Reorganization Plan No. 4 of 1978

(43 FR 47713, Oct. 17, 1978), effective

December 31, 1978 (44 FR 1065, Jan. 3, 1979),

3 CFR, 1978 Comp., p. 332, and 29 U.S.C.

1108(b)(1). Section 2550.412–1 also issued

under 29 U.S.C. 1112. Secretary of Labor’s

Order No. 1–87 (52 FR 13139).

§§ 2550.407a–3, 2550.407a–4, 2550.407c–3,

2550.414b–1, 2550.414c–1, 2550.414c–2,

2550.414c–3, 2550.414c–4 [Removed]

14. Sections 2550.407a–3, 2550.407a–

4, 2550.407c–3, 2550.414b–1,

2550.414c–1, 2550.414c–2, 2550.414c–

3, 2550.414c–4 are removed.

Signed at Washington, D.C., this 25th day

of June, 1996.

Olena Berg,

Assistant Secretary for Pension and Welfare

Benefits, U.S. Department of Labor.

[FR Doc. 96–16594 Filed 6–28–96; 8:45 am]

BILLING CODE 4510–29–P

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 1

RIN 2900–AI32

Reestablishing Rulemaking

Procedures; Public Participation in

Regulatory Development

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: In a document published in

the Federal Register on March 20, 1996

(61 FR 11309), the Department of

Veterans Affairs (VA) amended 38 CFR

Part 1 by promulgating a final rule that

included the elimination of § 1.12. The

provisions of § 1.12 set forth a policy

statement concerning prior notice-andcomment for rulemaking. Judicial

review of VA’s action eliminating § 1.12

has been sought on the basis that such

action did not comply with notice-andcomment provisions. While we believe

such a position is not legally correct, we

are by this document reestablishing

§ 1.12, and, in a companion document

published in the Proposed Rules section

of this issue of the Federal Register,

proposing to eliminate § 1.12. This will

provide interested parties an

opportunity to provide comments

concerning this matter, thus mooting the

pending litigation.

EFFECTIVE DATE: July 1, 1996.

FOR FURTHER INFORMATION CONTACT:

Thomas O. Gessel, Director, Office of

Regulations Management (02D), Office

of General Counsel, Department of

Veterans Affairs, 810 Vermont Avenue,

NW, Washington, DC 20420, (202) 273–

8605.

SUPPLEMENTARY INFORMATION: This final

rule merely concerns VA policy.

Accordingly, in accordance with the

provisions of 5 U.S.C. 553, it is

promulgated without notice-andcomment and without a delayed

effective date.

No notice of proposed rulemaking

was required in connection with this

rulemaking action. Accordingly, no

regulatory flexibility analysis is required

under the Regulatory Flexibility Act (5

U.S.C. 601–612). Nevertheless, the

Secretary of Veterans Affairs certifies

that this rule would not have a

significant economic impact on a

substantial number of small entities as

they are defined in the Regulatory

Flexibility Act. This rule will not have

a direct effect on small entities.

There is no Catalog of Federal

Domestic Assistance program number.

List of Subjects in 38 CFR Part 1

Administrative practice and

procedure, Archives and records,

Cemeteries, Claims, Courts, Flags,

Freedom of information, Government

contracts, Government employees,

Government property, Infants and

children, Inventions and patents,

Investigations, Parking, Penalties, Postal

Service, Privacy, Reporting and

recordkeeping requirements, Seals and

insignia, Security measures, Wages.

Approved: June 21, 1996.

Jesse Brown,

Secretary of Veterans Affairs.

For the reasons set out in the

preamble, 38 CFR part 1 is amended as

set forth below:

PART 1—GENERAL PROVISIONS

1. The authority citation for part 1

continues to read as follows:

Authority: 38 U.S.C. 501(a), unless

otherwise noted.

2. An undesignated center heading

and section 1.12 are added to read as

follows:

Public Participation

§ 1.12 Public participation in regulatory

development.

It is the policy of the Department of

Veterans Affairs to afford the public

general notice, published in the Federal

Register, of proposed regulatory

development, and an opportunity to

participate in the regulatory

development in accordance with the

provisions of the Administrative
Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules and Regulations 33851

Procedure Act (APA). All written

comments received will be available for

public inspection. Exceptions to the

policy of permitting public participation

in the regulatory development may be

authorized by the Secretary or one of the

Secretary’s deputies if adequately

justified and concurred in by the

General Counsel. Such exceptions,

unless public comment is required by

statute, may be recommended when:

(a) The proposed regulations consist

of interpretative rules, general

statements of policy, or rules of

Department of Veterans Affairs

organization, procedure, or practice, or

(b) When the Department of Veterans

Affairs for good cause finds (and

incorporates the finding and a brief

statement of reasons therefor in the

rules issued) that notice and public

procedure thereon are impracticable,

unnecessary, or contrary to the public

interest.

(Authority: 38 U.S.C. 501)

[FR Doc. 96–16642 Filed 6–28–96; 8:45 am]

BILLING CODE 8320–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 9

[OPPTS–00191; FRL–5379–8]

Technical Amendments to OMB

Approval Numbers

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is amending the list of

OMB control numbers which are issued

under the Paperwork Reduction Act for

regulations with information collection

requirements. This is a technical

amendment which only updates the

table to include any approvals that have

published in the Federal Register since

July 1, 1995, or to delete any approval

that have been terminated since that

date.

DATES: The effective date of this rule is

July 1, 1996.

FOR FURTHER INFORMATION CONTACT:

Susan H. Hazen, Director,

Environmental Assistance Division,

Environmental Protection Agency, 401

M St., SW., Washington, DC 20460,

Telephone: (202) 554–1404, TDD: (202)

554–0551, e-mail address: TSCAHotline@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: This

document will consolidate the OMB

control numbers for various regulations

issued under the Toxic Substances

Control Act and section 313 of the

Emergency Planning and Community

Right-to-Know Act that have published

since July 1, 1995.

The information collection requests

and the OMB control numbers included

in this technical amendment were

previously subject to public notice and

comment prior to OMB approval. As

such, EPA finds that there is ‘‘good

cause’’ under section 553(b)(B) of the

Administrative Procedure Act (5 U.S.C.

533) to issue this technical amendment

without prior notice and comment.

List of Subjects in 40 CFR Part 9

Environmental protection,

Information collection request,

Reporting and recordkeeping

requirements.

Dated: June 27, 1996.

Susan H. Wayland,

Acting Assistant Administrator for

Prevention, Pesticides and Toxic Substances.

Therefore, 40 CFR chapter I, part 9 is

amended as follows:

PART 9—[AMENDED]

1. The authority citation for part 9

continues to read as follows:

Authority: 7 U.S.C. 135 et seq., 136–136y;

15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671;

21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33

U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318,

1321, 1326, 1330, 1342, 1344, 1345 (d) and

(e), 1361; E.O. 11735, 38 FR 21243, 3 CFR,

1971–1975 Comp. p. 973; 42 U.S.C. 241,

242b, 243, 246, 300f, 300g, 300g–1, 300g–2,

300g–3, 300g–4, 300g–5, 300g–6, 300j–1,

300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq.,

6901–6992k, 7401–7671q, 7542, 9601–9657,

11023, 11048.

§ 9.1 [Amended]

2. In § 9.1 the table is amended as

follows:

a. By adding the following entries in

ascending section number order, under

the headings ‘‘Toxic Chemical Release

Reporting: Community Right-to-Know,’’

and ‘‘Significant New Uses of Chemical

Substances,’’ and adding an entry for

part 745 under a new heading ‘‘LeadBased Paint Poisioning Prevention in

Certain Residential Structures’’ to read

as follows:

40 CFR citation OMB control

No.

Toxic Chemical Release Reporting:

Community Right-to-Know

* * * * *

part 372, subpart A ............... 2070-0093

and 2070-

0143

372.22 ................................... 2070-0093

and 2070-

0143

372.25 ................................... 2070-0093

40 CFR citation OMB control

No.

372.27 ................................... 2070-0143

372.30 ................................... 2070-0093

and 2070-

0143

372.38 ................................... 2070-0093

and 2070-

0143

part 372, subpart C ............... 2070-0093

and 2070-

0143

part 372, subpart D ............... 2070-0093

and 2070-

0143

372.85 ................................... 2070-0093

372.95 ................................... 2070-0143

* * * * *

Significant New Uses of Chemical

Substances

* * * * *

721.562 ................................. 2070-0012

* * * * *

721.639 ................................. 2070-0012

* * * * *

721.1193 ............................... 2070-0012

* * * * *

721.1643 ............................... 2070-0012

* * * * *

721.2089 ............................... 2070-0012

* * * * *

721.2815 ............................... 2070-0012

* * * * *

721.3152 ............................... 2070-0012

* * * * *

721.3486 ............................... 2070-0012

* * * * *

721.3760 ............................... 2070-0012

* * * * *

721.4463 ............................... 2070-0012

721.4466 ............................... 2070-0012

* * * * *

721.4473 ............................... 2070-0012

* * * * *

721.5192 ............................... 2070-0012

* * * * *

721.5278 ............................... 2070-0012

721.5282 ............................... 2070-0012

* * * * *

721.5763 ............................... 2070-0012

721.5769 ............................... 2070-0012

* * * * *

721.5867 ............................... 2070-0012

* * * * *

721.6110 ............................... 2070-0012