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

63379 

Vol. 75, No. 199 

Friday, October 15, 2010 

DEPARTMENT OF LABOR 

Office of Workers’ Compensation 

Programs 

20 CFR Chapter VI 

RIN 1290–AA24 

Technical Amendment 

AGENCY: Office of Workers’ 

Compensation Programs, Labor. 

ACTION: Final rule. 

SUMMARY: The Department of Labor is 

revising its regulations to reflect the 

Secretary’s delegation of authority to 

administer the Longshore and Harbor 

Workers Compensation Act and its 

extensions (LHWCA) and the Black 

Lung Benefits Act (BLBA) to the 

Director, Office of Workers’ 

Compensation Programs (OWCP). This 

authority previously resided with the 

Employment Standards Administration 

(ESA), which has now been dissolved. 

DATES: Effective October 15, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Shelby Hallmark, Director, Office of 

Workers’ Compensation Programs, U.S. 

Department of Labor, Room S–3524, 200 

Constitution Avenue, NW., Washington, 

DC 20210. Telephone: (202) 693–0031 

(this is not a toll-free number). TTY/ 

TDD callers may dial toll free 1–800– 

877–8339 for further information. 

SUPPLEMENTARY INFORMATION: 

I. Background of This Rulemaking 

Prior to November 8, 2009, the 

Secretary had delegated her statutory 

authority to administer the LHWCA and 

the BLBA to the Assistant Secretary for 

the Employment Standards 

Administration. Secretary’s Order 13– 

71, 36 FR 8755 (May 12, 1971). The 

Assistant Secretary, in turn, delegated 

authority to administer both programs to 

OWCP, one of ESA’s sub-agencies. 

On November 8, 2009, the Secretary 

dissolved ESA into its constituent 

components. See Secretary’s Order 10– 

2009, 74 FR 58834 (Nov. 13, 2009). The 

Secretary then delegated her authority 

to administer the LHWCA and the BLBA 

directly to the Director, OWCP. Id. The 

changes made by this rule simply reflect 

this administrative reorganization and 

do not change any substantive rule 

governing administration of these 

statutes. 

II. Summary of the Rule 

A. Revision of 20 CFR Chapter VI 

Heading 

This rule revises the heading of 20 

CFR chapter VI, which contains 

regulations governing the 

administration of the LHWCA and the 

BLBA. (A full list of citations for the 

statutes addressed by 20 CFR chapter VI 

is set forth at 20 CFR 701.101.) The rule 

replaces the title ‘‘Employment 

Standards Administration, Department 

of Labor’’ with ‘‘Office of Workers’ 

Compensation Programs, Department of 

Labor.’’ The heading change reflects the 

abolition of ESA and the Secretary’s 

current delegation of administrative 

authority over the LHWCA and the 

BLBA to OWCP. 

B. Section 701.201 Office of Workers’ 

Compensation Programs 

This rule has been revised to remove 

references and cross-references to the 

now-dissolved ESA and to clarify the 

Secretary’s delegation of authority for 

the administration of the LHWCA and 

the BLBA to OWCP. 

III. Statutory Authority 

Section 39(a) of the LHWCA (33 

U.S.C. 939(a)) and sections 411(b) and 

426(a) of the BLBA (30 U.S.C. 921(b) 

and 936(a)); 5 U.S.C. 301 (Departmental 

Regulations); 29 U.S.C. 551 et seq. 

(Establishment of Department; 

Secretary; Seal); and Reorganization 

Plan No. 6 1950 (5 U.S.C. App. 1 Reorg. 

Plan 6 1950) authorize the Secretary of 

Labor to prescribe rules and regulations 

necessary for the administration and 

enforcement of the LHWCA and the 

BLBA. 

IV. Rulemaking Analyses 

Administrative Procedure Act 

Section 553 of the Administrative 

Procedure Act (APA) exempts ‘‘rules of 

agency organization, procedure, or 

practice’’ from proposed rulemaking 

(i.e., notice-and-comment rulemaking). 

5 U.S.C. 553(b)(3)(A). Rules are also 

exempt when an agency finds ‘‘good 

cause’’ that notice and comment 

rulemaking procedures would be 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ 5 U.S.C. 

553(b)(3)(B). An agency may similarly 

make the rule effective upon publication 

when it determines that delaying the 

effective date of the rule, as normally 

required by 5 U.S.C. 553, is unnecessary 

and good cause exists to make the rule 

effective immediately. 5 U.S.C. 

553(d)(3). 

Here, the Department has determined 

that this rulemaking meets the noticeand-comment exemption requirements 

in 5 U.S.C. 553(b)(3)(A) and (b)(3)(B). 

The Department’s revisions to the 20 

CFR chapter VI heading and § 701.201 

pertain solely to the delegation of 

administrative authority within the 

Department, and do not alter any 

substantive standard. The Department 

does not believe public comment is 

necessary for these minor revisions. For 

these reasons, the Department also finds 

that good cause exists under 5 U.S.C. 

553(d)(3) to make the revisions effective 

immediately upon publication in the 

Federal Register. 

Regulatory Flexibility Act 

Because the Department has 

concluded that this action is not subject 

to the Administrative Procedure Act’s 

proposed rulemaking requirements, it is 

not subject to the regulatory flexibility 

provisions of the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). 

Unfunded Mandates Reform Act 

This action does not significantly or 

uniquely affect small governments or 

impose a significant intergovernmental 

mandate (2 U.S.C. 1531 et seq.). 

Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act (44 U.S.C. 3501 et seq.). 

Executive Order 12866 

This action is not a ‘‘significant 

regulatory action’’ and is therefore not 

subject to review by the Office of 

Management and Budget under 

Executive Order 12866 (58 FR 51735 

(Oct. 4, 1993)). 

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63380 Federal Register / Vol. 75, No. 199 / Friday, October 15, 2010 / Rules and Regulations 

Executive Order 13132 (Federalism) 

The Department has reviewed this 

proposed rule in accordance with 

Executive Order 13132 regarding 

federalism, and has determined that it 

does not have ‘‘federalism implications.’’ 

The rule will 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.’’ 

Executive Order 12988 (Civil Justice 

Reform) 

This rule meets the applicable 

standards in sections 3(a) and 3(b)(2) of 

Executive Order 12988, Civil Justice 

Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. 

List of Subjects in 20 CFR Part 701 

Longshore and harbor workers, 

Organization and functions (government 

agencies), Workers’ compensation. 

■ Based on the authority and reasons set 

forth in the preamble, 20 CFR chapter VI 

is amended to read as follows: 

CHAPTER VI—OFFICE OF WORKERS’ 

COMPENSATION PROGRAMS, 

DEPARTMENT OF LABOR 

■ 1. Revise the chapter heading of 20 

CFR chapter VI to read as shown above. 

PART 701—GENERAL; 

ADMINISTERING AGENCY; 

DEFINITIONS AND USE OF TERMS 

■ 2. The authority citation for part 701 

is revised to read as follows: 

Authority: 5 U.S.C. 301 and 8171 et seq.; 

33 U.S.C. 939; 36 D.C. Code 501 et seq.; 42 

U.S.C. 1651 et seq.; 43 U.S.C. 1331; 

Reorganization Plan No. 6 of 1950, 15 FR 

3174, 3 CFR, 1949–1953 Comp., p. 1004, 64 

Stat. 1263; Secretary’s Order 10–2009, 74 FR 

58834 (Nov. 13, 2009). 

■ 3. Revise § 701.201 to read as follows: 

§ 701.201 Office of Workers’ 

Compensation Programs. 

The Office of Workers’ Compensation 

Programs is responsible for 

administering the LHWCA and its 

extensions. 

Signed at Washington, DC, this 5th day of 

October 2010. 

Seth D. Harris, 

Deputy Secretary. 

[FR Doc. 2010–25521 Filed 10–14–10; 8:45 am] 

BILLING CODE 4510–23–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[TD 9502] 

RIN 1545–BF90 

Exclusions From Gross Income of 

Foreign Corporations; Correction 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Correcting amendment. 

SUMMARY: This document contains 

corrections to final regulations (TD 

9502) that were published in the 

Federal Register on Friday, September 

17, 2010 (75 FR 56858) under section 

883(a) and (c) of the Internal Revenue 

Code, concerning the exclusion from 

gross income of income derived by 

certain foreign corporations from the 

international operation of ships or 

aircraft. 

DATES: This correction is effective on 

October 15, 2010, and is applicable on 

September 17, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Patricia A. Bray, (202) 622–3880 (not a 

toll-free number). 

SUPPLEMENTARY INFORMATION: 

Background 

The final regulations (TD 9502) that 

are the subject of this document are 

under section 883 of the Internal 

Revenue Code. 

Need for Correction 

As published, the final regulations 

(TD 9502) contain errors that may prove 

to be misleading and are in need of 

clarification. 

List of Subjects in 26 CFR Part 1 

Income taxes, Reporting and 

recordkeeping requirements. 

Correction of Publication 

■ Accordingly, 26 CFR part 1 is 

corrected by making the following 

correcting amendments: 

PART 1—INCOME TAXES 

■ Paragraph 1. The authority citation 

for part 1 continues to read in part as 

follows: 

Authority: 26 U.S.C. 7805 * * * 

■ Par. 2. Section 1.883–2 is amended by 

revising paragraph (f)(4)(ii)(C) to read as 

follows: 

§ 1.883–2 Treatment of publicly-traded 

corporations. 

* * * * * 

(f) * * * 

(4) * * * 

(ii) * * * 

(C) The number of days during the 

taxable year of the foreign corporation 

that such qualified shareholders owned, 

directly or indirectly, their shares in the 

closely held block of stock. 

* * * * * 

■ Par. 3. Section 1.883–5 is amended by 

revising the heading of paragraph (d) to 

read as follows: 

§ 1.883–5 Effective/applicability dates. 

* * * * * 

(d) Effective/applicability dates. 

* * * 

LaNita Van Dyke, 

Chief, Publications and Regulations Branch, 

Legal Processing Division, Associate Chief 

Counsel (Procedure and Administration). 

[FR Doc. 2010–25950 Filed 10–14–10; 8:45 am] 

BILLING CODE 4830–01–P 

PENSION BENEFIT GUARANTY 

CORPORATION 

29 CFR Part 4022 

Benefits Payable in Terminated SingleEmployer Plans; Interest Assumptions 

for Paying Benefits 

AGENCY: Pension Benefit Guaranty 

Corporation. 

ACTION: Final rule. 

SUMMARY: This final rule amends 

Pension Benefit Guaranty Corporation’s 

regulation on Benefits Payable in 

Terminated Single-Employer Plans to 

prescribe interest assumptions under 

the regulation for valuation dates in 

November 2010. Interest assumptions 

are also published on PBGC’s Web site 

(http://www.pbgc.gov). 

DATES: Effective November 1, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Catherine B. Klion, Manager, Regulatory 

and Policy Division, Legislative and 

Regulatory Department, Pension Benefit 

Guaranty Corporation, 1200 K Street, 

NW., Washington, DC 20005, 202–326– 

4024. (TTY/TDD users may call the 

Federal relay service toll-free at 1–800– 

877–8339 and ask to be connected to 

202–326–4024.) 

SUPPLEMENTARY INFORMATION: PBGC’s 

regulation on Benefits Payable in 

Terminated Single-Employer Plans (29 

CFR part 4022) prescribes actuarial 

assumptions—including interest 

assumptions—for paying plan benefits 

under terminating single-employer 

plans covered by title IV of the 

Employee Retirement Income Security 

Act of 1974. 

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