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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Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Rules and Regulations 23953 

West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the Regional Office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2007– 

1134. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

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 http:// 

www.regulations.gov or e-mail. The 

http://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 http:// 

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 and 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. 

Docket: All documents in the docket 

are listed in the http:// 

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 http:// 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays. We 

recommend that you telephone Andy 

Chang, Environmental Engineer, at (312) 

886–0258 before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: 

Andy Chang, Environmental Engineer, 

Criteria Pollutant Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–0258, 

chang.andy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. Background 

A. When did the State submit the 

requested rule revisions to EPA? 

B. Did Michigan hold public hearings for 

each of these rule revisions? 

II. What are the revisions that the State is 

requesting for incorporation into the SIP? 

A. Standards for Volatile Organic 

Compounds Emissions from Consumer 

Products 

B. Definitions for Consumer Products 

III. What action is EPA taking? 

IV. Statutory and Executive Order Reviews 

I. Background 

A. When did the State submit the 

requested rule revisions to EPA? 

MDEQ submitted the requested rule 

revisions on October 26, 2007. 

B. Did Michigan hold public hearings 

for each of these rule revisions? 

MDEQ held a hearing on July 19, 

2007, and did not receive any adverse 

comments. 

II. What are the revisions that the State 

is requesting for incorporation into the 

SIP? 

The State has requested that EPA 

approve revisions to R 336.1660, 

‘‘Standards for VOC Emissions from 

Consumer Products,’’ and R 336.1661, 

‘‘Definitions for Consumer Products,’’ 

into the Michigan SIP. The revisions are 

described in detail below. 

A. Standards for Volatile Organic 

Compounds Emissions from Consumer 

Products 

MDEQ has requested that EPA 

approve into the Michigan SIP the 

revision of Part 6, R 336.1660, into 

which the State has adopted by 

reference the provisions in the Ozone 

Transport Commission’s amended 

‘‘Model Rule for Consumer Products,’’ 

dated September 13, 2006, with some 

modifications. The modifications are 

related to implementation dates that are 

updated from the Model Rule and 

include several other minor changes. 

The amended rules include: The 

addition of 23 product categories to the 

existing 83 categories in the table of 

standards in R 336.1660; the addition of 

sell-through of products; and the 

addition of requirements for contact 

adhesives, electronic cleaners, footwear, 

or leather care products, and general 

purpose degreasers. Michigan did not 

adopt the sections of the Model Rule 

that address variances, violations, and 

severability. It was not necessary for 

Michigan to adopt these three specific 

sections of the Model Rule, as there are 

Michigan-specific rules that already 

address these issues. Section 324.5535 

of Michigan Act 451 addresses the 

State’s variance requirements, Sections 

324.5528 and 324.5531 of Michigan Act 

451 address violations, and Section 

324.9122 of Michigan Act 451 provides 

for severability of the State’s rules. 

B. Definitions for Consumer Products 

MDEQ also has requested that EPA 

approve R 336.1661 into the Michigan 

SIP which adopts by reference the 

Federal definition of ‘‘volatile organic 

compound’’ from 40 CFR 51.100. R 

336.1661 contains definitions used 

exclusively in R 336.1660. 

III. What action is EPA taking? 

We are approving revisions to the 

Michigan SIP in two portions of Part 6: 

(1) To revise R 336.1660, ‘‘Standards for 

VOC Emissions from Consumer 

Products,’’ in which Michigan has 

adopted by reference the amended 

Ozone Transport Commission’s Model 

Rule with some modifications, and (2) 

to revise R 336.1661, ‘‘Definitions for 

Consumer Products,’’ to define ‘‘volatile 

organic compound.’’ Michigan has 

adopted the amended Model Rule by 

reference with three exceptions. 

We are publishing this action without 

prior proposal because we view this as 

a noncontroversial amendment and 

anticipate no adverse comments. 

However, in the Proposed Rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposal to approve the 

State plan if relevant adverse written 

comments are filed. This rule will be 

effective July 21, 2009 without further 

notice unless we receive relevant 

adverse written comments by June 22, 

2009. If we receive such comments, we 

will withdraw this action before the 

effective date by publishing a 

subsequent document that will 

withdraw the final action. All public 

comments received will then be 

addressed in a subsequent final rule 

based on the proposed action. The EPA 


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23954 Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Rules and Regulations 

will not institute a second comment 

period, therefore, any parties interested 

in commenting on this action should do 

so at this time. If we do not receive any 

comments, this action will be effective 

July 21, 2009. 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• 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); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by July 21, 2009. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the Proposed Rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: May 6, 2009. 

Walter W. Kovalick, Jr., 

Acting Regional Administrator, Region 5. 

■ 40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart X—Michigan 

■ 2. In § 52.1170, the table in paragraph 

(c) entitled ‘‘EPA-Approved Michigan 

Regulations’’ is amended by revising 

entries in Part 6 for ‘‘R 336.1660’’ and 

‘‘R 336.1661’’ to read as follows: 

§ 52.1170 Identification of plan. 

* * * * * 

(c) * * * 


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Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Rules and Regulations 23955 

EPA-APPROVED MICHIGAN REGULATIONS

Michigan citation Title State effective date EPA approval date Comments 

* * * * * * * 

Part 6. Emission Limitations and Prohibitions—Existing Sources of Volatile Organic Compound Emissions 

* * * * * * * 

R 336.1660 ....... Standards for Volatile Organic Compounds Emissions from Consumer 

Products.

October 3, 2007 ........ May 22, 2009 [Insert page number 

where the document begins].

R 336.1661 ....... Definitions for Consumer Products ....... October 3, 2007 ........ May 22, 2009 [Insert page number 

where the document begins].

* * * * * * * 

* * * * * 

[FR Doc. E9–11915 Filed 5–21–09; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 36 

[CC Docket No. 80–286; FCC 09–44] 

Jurisdictional Separations and Referral 

to the Federal-State Joint Board 

AGENCY: Federal Communications 

Commission. 

ACTION: Interim rule. 

SUMMARY: Jurisdictional separations is 

the process by which incumbent local 

exchange carriers (incumbent LECs) 

apportion regulated costs between the 

intrastate and interstate jurisdictions. In 

this document, the Commission extends 

until June 30, 2010, the current freeze of 

part 36 category relationships and 

jurisdictional cost allocation factors 

used in jurisdictional separations. 

Extending the freeze provides stability 

for, and avoids imposing undue burdens 

on, carriers that must comply with the 

Commission’s separations rules while 

the Commission considers issues 

relating to comprehensive reform of the 

jurisdictional separations process. 

DATES: Effective June 22, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Daniel Ball, Attorney Advisor, at 202– 

418–1577, Pricing Policy Division, 

Wireline Competition Bureau. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Report 

and Order (R&O) in CC Docket No. 80– 

286, FCC 09–44, released on May 15, 

2009. The full text of this document is 

available for public inspection during 

regular business hours in the FCC 

Reference Center, Room CY–A257, 445 

12th Street, SW., Washington, DC 

20554. 

1. Jurisdictional separations is the 

process by which incumbent LECs 

apportion regulated costs between the 

intrastate and interstate jurisdictions. 

The freeze of Part 36 category 

relationships and jurisdictional cost 

allocation factors was first implemented 

for five years on July 1, 2001, 66 FR 

33202, June 21, 2001 (2001 Separations 

Freeze Order), then extended 

approximately three years on June 23, 

2006, 71 FR 29843, May 24, 2006 (2006 

Separations Freeze Extension Order). 

On March 27, 2009, the Commission 

released a notice of proposed 

rulemaking seeking comment on a 

further extension of the freeze until June 

30, 2010. 74 FR 15236 (Apr. 3, 2009) 

(NPRM). The overwhelming majority of 

parties filing comments in response to 

the NPRM supported extension of the 

freeze. This R&O extends the current 

freeze until June 30, 2010. Extending the 

freeze provides stability for, and avoids 

imposing undue burdens on, carriers 

that must comply with the 

Commission’s separations rules while 

the Commission, working with the 

Federal-State Joint Board on 

Separations, considers issues relating to 

comprehensive separations reform. 

2. The extended freeze will be 

implemented as described in the 2001 

Separations Freeze Order. Specifically, 

price-cap carriers would use the same 

relationships between categories of 

investment and expenses within part 32 

accounts and the same jurisdictional 

allocation factors that have been in 

place since the inception of the current 

freeze on July 1, 2001. Rate-of-return 

carriers would use the same frozen 

jurisdictional allocation factors, and 

would use the same frozen category 

relationships if they had opted 

previously to freeze those as well. 

I. Procedural Matters 

A. Final Regulatory Flexibility 

Certification 

3. As required by the Regulatory 

Flexibility Act, the Commission certifies 

that these regulatory amendments will 

not have a significant impact on small 

business entities. 

B. Paperwork Reduction Act 

4. The R&O does not propose any new 

or modified information collections 

subject to the Paperwork Reduction Act 

of 1995 (PRA), Public Law 104–13. In 

addition, therefore, it does not contain 

any new, modified, or proposed 

‘‘information collection burden for 

small business concerns with fewer than 

25 employees,’’ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Pub. L. 107–198, 44 U.S.C. 3506(c)(4). 

C. Congressional Review Act 

5. The Commission will send a copy 

of the R&O in a report to be sent to 

Congress and the Government 

Accountability Office pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A). 

II. Ordering Clauses 

6. Pursuant to sections 1, 4(i) and (j), 

214(e), 254, and 410 of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 151, 154(i), 154(j), 

214(e), 254, and 410, the R&O is 

adopted. 

7. The report and order shall be 

effective June 22, 2009. 

8. Pursuant to section 410(c) of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 410(c), the issues 

set forth in the R&O are referred to the 

Federal-State Joint Board on Separations 

for preparation of a recommended 

decision. 

9. The Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 


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