Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Rules and Regulations 23951 

procedures do not apply to an agency 

rulemaking to the extent that it involves 

a foreign affairs function of the United 

States. CBP has determined that these 

interim amendments involve a foreign 

affairs function of the United States 

because they modify regulatory 

provisions that implement preferential 

tariff treatment provisions under the 

BFTA. Therefore, the rulemaking 

requirements under the APA do not 

apply and this interim rule will be 

effective upon publication. However, 

CBP is soliciting comments in this 

interim rule and will consider all 

comments received before issuing a 

final rule. 

Executive Order 12866 

CBP has determined that this 

document is not a regulation or rule 

subject to the provisions of Executive 

Order 12866 of September 30, 1993 (58 

FR 51735, October 1993), because it 

pertains to a foreign affairs function of 

the United States and, therefore, is 

specifically exempted by section 3(d)(2) 

of Executive Order 12866. 

Regulatory Flexibility Act 

Because no notice of proposed 

rulemaking is required under the APA 

for the reasons described above, the 

provisions of the Regulatory Flexibility 

Act, as amended (5 U.S.C. 601 et seq.), 

do not apply to this rulemaking. 

Accordingly, this final rule is not 

subject to the regulatory analysis 

requirements or other requirements of 5 

U.S.C. 603 and 604. 

Signing Authority 

This document is being issued in 

accordance with § 0.1(a)(1) of the CBP 

Regulations (19 CFR 0.1(a)(1)) 

pertaining to the authority of the 

Secretary of the Treasury (or his/her 

delegate) to approve regulations related 

to certain customs revenue functions. 

List of Subjects in 19 CFR Part 10 

Customs duties and inspection, 

Exports, Imports, Preference programs, 

Trade agreements. 

Amendments to the CBP Regulations 

■ Accordingly, chapter I of title 19, 

Code of Federal Regulations (19 CFR 

chapter I), is amended as set forth 

below. 

PART 10—ARTICLES CONDITIONALLY 

FREE, SUBJECT TO A REDUCED 

RATE, ETC. 

■ 1. The general authority citation for 

part 10 and the specific authority for 

subpart N continue to read as follows: 

Authority: 19 U.S.C. 66, 1202 (General 

Note 3(i), Harmonized Tariff Schedule of the 

United States), 1321, 1481, 1484, 1498, 1508, 

1623, 1624, 3314; 

* * * * * 

Section 10.801 through 10.829 also issued 

under 19 U.S.C. 1202 (General Note 30, 

HTSUS) and Pub. L. 109–169, 119 Stat. 3581 

(19 U.S.C. 3805 note). 

■ 2. Section 10.817 is amended by 

revising paragraph (a)(2) to read as 

follows: 

§ 10.817 Imported directly. 

(a) * * * 

(2) If the shipment passed through the 

territory of a non-Party, the good, upon 

arrival in the territory of a Party, will be 

considered to be ‘‘imported directly’’ 

only if the good did not undergo 

production, manufacturing, or any other 

operation outside the territories of the 

Parties, other than unloading, reloading, 

or any other operation necessary to 

preserve the good in good condition or 

to transport the good to the territory of 

a Party. Operations that may be 

performed outside the territories of the 

Parties include inspection, removal of 

dust that accumulates during shipment, 

ventilation, spreading out or drying, 

chilling, replacing salt, sulfur dioxide, 

or aqueous solutions, replacing 

damaged packing materials and 

containers, and removal of units of the 

good that are spoiled or damaged and 

present a danger to the remaining units 

of the good, or to transport the good to 

the territory of a Party. 

* * * * * 

■ 3. Section 10.822 is amended by 

revising paragraph (a)(2) to read as 

follows: 

§ 10.822 Transshipment of non-originating 

fabric or apparel goods. 

(a) * * * 

(2) If the shipment passed through the 

territory of a non-Party, the good, upon 

arrival in the territory of a Party, will be 

considered to be ‘‘imported directly’’ 

only if the good did not undergo 

production, manufacturing, or any other 

operation outside the territories of the 

Parties, other than unloading, reloading, 

or any other operation necessary to 

preserve the good in good condition or 

to transport the good to the territory of 

a Party. Operations that may be 

performed outside the territories of the 

Parties include inspection, removal of 

dust that accumulates during shipment, 

ventilation, spreading out or drying, 

chilling, replacing salt, sulfur dioxide, 

or aqueous solutions, replacing 

damaged packing materials and 

containers, and removal of units of the 

good that are spoiled or damaged and 

present a danger to the remaining units 

of the good, or to transport the good to 

the territory of a Party. 

* * * * * 

Approved: May 19, 2009. 

Jayson P. Ahern, 

Acting Commissioner, U.S. Customs and 

Border Protection. 

Timothy E. Skud, 

Deputy Assistant Secretary of the Treasury. 

[FR Doc. E9–11986 Filed 5–21–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF LABOR 

Employee Benefits Security 

Administration 

29 CFR Part 2550 

RIN 1210–AB13 

Investment Advice—Participants and 

Beneficiaries 

AGENCY: Employee Benefits Security 

Administration, Labor. 

ACTION: Final rule; delay of effective 

date and applicability date. 

SUMMARY: This document delays the 

effective and applicability dates of final 

rules under the Employee Retirement 

Income Security Act, and parallel 

provisions of the Internal Revenue Code 

of 1986, relating to the provision of 

investment advice to participants and 

beneficiaries in individual account 

plans, such as 401(k) plans, and 

beneficiaries of individual retirement 

accounts (and certain similar plans). 

These rules were published in the 

Federal Register on January 21, 2009, 

and were to have become effective and 

applicable on March 23, 2009, but were 

delayed until May 22, 2009, by a final 

rule published on March 20, 2009 (74 

FR 11847). This document further 

delays the effective and applicability 

dates of these final rules from May 22, 

2009, until November 18, 2009, to allow 

additional time for the Department to 

evaluate questions of law and policy 

concerning the rules. 

DATES: The effective and applicability 

date of the rule amending 29 CFR part 

2550, published January 21, 2009, at 74 

FR 3822, delayed March 20, 2009, at 74 

FR 11847 is further delayed until 

November 18, 2009. 

FOR FURTHER INFORMATION CONTACT: Fred 

Wong, Office of Regulations and 

Interpretations, Employee Benefits 

Security Administration (EBSA), (202) 

693–8500. This is not a toll-free number. 

SUPPLEMENTARY INFORMATION: On 

January 21, 2009, the Department of 

Labor published final rules on the 


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23952 Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Rules and Regulations 

1These comments are available on the 

Department’s Web site at: http://www.dol.gov/ebsa/ 

regs/cmt-investmentadvicefinalrule.html. 

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 Section 

408(b)(14) and Section 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 Section 

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 published in 

the Federal Register on February 4, 

2009, a document seeking comment on 

a proposed 60 day extension to the 

effective dates for these rules until May 

22, 2009, and a proposed conforming 

amendment to the applicability date of 

Section 2550.408g–1 (74 FR 6007). The 

document also requested comment on 

issues of law and policy raised by the 

final rules. The Department indicated 

that upon completion of its review, it 

might decide to allow the rules to take 

effect, issue a further extension, 

withdraw the rules, or propose 

amendments. The comment period on 

the proposed extension ended on 

February 18, 2009. The comment period 

on issues of law and policy concerning 

the final rules ended on March 6, 2009. 

In response, the Department received 27 

comment letters.1 A number of these 

comments expressed the view that the 

final rules raise significant issues of law 

and policy. Among these, some 

expressed disagreement with the final 

rules’ interpretation of the statutory 

exemption, and further questioned the 

adequacy of the class exemption’s 

conditions in mitigating against the 

potential for investment adviser selfdealing. 

On March 20, 2009, the Department 

published in the Federal Register a 

document adopting the proposed 60 day 

delay of the effective and applicability 

date of the final rule published on 

January 21, 2009, for agency review of 

questions of law and policy raised by 

commenters (74 FR 11847). The 

Department believes that the complexity 

and significance of the issues involved 

justify delaying the effective and 

applicability dates of the final rule for 

an additional 180 days in order to afford 

the Department time for further review. 

Accordingly, the Department is 

adopting herein a 180 day delay of the 

effective and applicability date of the 

final rule published on January 21, 

2009. With the adoption of this delay, 

the effective and applicability dates of 

the final rule will be November 18, 

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 (74 FR 

3822), of the final rule amending 29 CFR 

Part 2550, is 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. 6–2009, 74 FR 21524 (May 

7, 2009). Secs. 2550.401b–1, 2550.408b–1, 

2550.408b–19, 2550.408g–1, and 2550.408g– 

2 also issued under sec. 102, Reorganization 

Plan No. 4 of 1978, 5 U.S.C. App. 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(c)(2), Pub. L. 107– 

16, 115 Stat. 38, 136 (2001)). Sec. 2550.408b– 

1 also issued under 29 U.S.C. 1108(b)(1). Sec. 

2550.408b–19 also issued under sec. 

611(g)(3), Public Law 109–280, 120 Stat. 780, 

975 (2006). 

§ 2550.408g–1 [Amended] 

■ 2. Section 2550.408g–1 is amended by 

removing the date ‘‘May 22, 2009’’ and 

adding in its place ‘‘November 18, 

2009’’ in paragraph (g). 

Signed at Washington, DC, this 19th day of 

May 2009. 

Alan D. Lebowitz, 

Deputy Assistant Secretary for Program 

Operations, Employee Benefits Security 

Administration, Department of Labor. 

[FR Doc. E9–12065 Filed 5–21–09; 8:45 am] 

BILLING CODE 4510–29–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2007–1134; FRL–8908–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Michigan; Consumer Products Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving a request 

submitted by the Michigan Department 

of Environmental Quality (MDEQ) on 

October 26, 2007, to revise the Michigan 

State Implementation Plan (SIP). The 

State has submitted revisions to two 

rules in Part 6, ‘‘Emission Limitations 

and Prohibitions-Existing Sources of 

Volatile Organic Compound (VOC) 

Emissions.’’ First, the State has revised 

R 336.1660 by adopting by reference, 

with some modifications, the Ozone 

Transport Commission’s September 13, 

2006, Model Rule (Model Rule). Second, 

the State has amended R 336.1661 by 

adopting by reference the Federal 

definition of ‘‘volatile organic 

compound.’’ 

DATES: This direct final rule will be 

effective July 21, 2009, unless EPA 

receives adverse comments by June 22, 

2009. If adverse comments are received, 

EPA will publish a timely withdrawal of 

the direct final rule in the Federal 

Register informing the public that the 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2007–1134, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: mooney.john@epa.gov. 

3. Fax: (312) 692–2551. 

4. Mail: John M. Mooney, Chief, 

Criteria Pollutant Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: John M. Mooney, 

Chief, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 


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