Investment Advice-Participants and Beneficiaries, 6007-6008 [E9-2296]
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Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / Proposed Rules
rating organizations. Consequently,
NCUA is considering curbing the extent
to which a corporate may rely on credit
ratings provided by Nationally
Recognized Statistical Rating
Organizations (NRSROs). Comment is
requested on whether NCUA should
require more than one rating for an
investment, or require that the lowest
rating meet the minimum rating
requirements of Part 704. NCUA also
solicits comment on whether to require
additional stress modeling tools in the
regulation to enhance credit risk
management.
Several specific aspects of this issue
are under consideration, for which
comment is solicited, including whether
Part 704 should be revised to lessen the
reliance on NRSRO ratings. Commenters
are invited to identify any other changes
they believe may be prudent to help
assure adequate management of credit
risk. In this respect, commenters should
consider whether Part 704 should be
revised to provide specific
concentration limits, including sector
and obligor limits. If so, what specific
limits would be appropriate for
corporate credit unions? Comments are
also solicited on the question of whether
corporates should be required to obtain
independent evaluations of credit risk
in their investment portfolios. If so,
what would be appropriate standards
for these contractors? Another issue
under consideration is whether
corporates should be required to test
sensitivities to credit spread widening,
and if so, what standards should apply
to that effort.
5. Asset Liability Management
In a previous version of its corporate
rule, NCUA required corporate credit
unions to perform net interest income
modeling and stress testing. Because
one of the problems leading to the
current market dislocation is a widening
of credit spreads, the agency is
considering re-instating this
requirement. Alternatively, the agency
may consider some form of mandatory
modeling and testing of credit spread
increases. Comment is solicited on
whether NCUA should require
corporates to use monitoring tools to
identify these types of trends, including
specifically comments about tangible
benefits, if any, that would flow from
these types of modeling requirements.
6. Corporate Governance
The sophistication and far-reaching
impact of corporate activities requires a
governing board with appropriate
knowledge and expertise. NCUA is
considering minimum standards for
directors that would require a director
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possess an appropriate level of
experience and independence. The
agency is also considering term limits,
allowing compensation for corporate
directors, and requiring greater
transparency for executive
compensation. Comment is sought on
all these issues.
In addition, commenters are invited to
respond to the question of whether or
not the current structure of retail and
wholesale corporate credit union boards
is appropriate given the corporate
business model. Should NCUA establish
more stringent minimum qualifications
and training requirements for
individuals serving as corporate credit
union directors? If so, what should the
minimum qualifications be? NCUA is
also considering whether to establish a
category of ‘‘outside director,’’ i.e.,
persons who are not officers of that
corporate, officers of member natural
person credit unions, and/or individuals
from entirely outside the credit union
industry. Commenters should offer their
view on whether that approach is wise,
and, if so whether NCUA should require
that corporates select some minimum
number of outside directors for their
boards. Should a wholesale corporate
credit union be required to have some
directors from natural person credit
unions? Comment is sought on whether
NCUA should impose term limits on
corporate directors, and, if so, what the
maximum term should be. Comment is
also sought on whether corporate
directors should be compensated, and, if
so, whether such compensation should
be limited to outside directors only.
Another issue under consideration, for
which reaction from commenters is
sought, is whether NCUA should allow
members of corporate credit unions
greater access to salary and benefit
information for senior management.
Request for Comments
The NCUA Board invites comment on
any of the issues discussed above
including specifically if NCUA’s
regulations should be amended to
address the issues discussed in this
ANPR. NCUA also welcomes comment
on any other relevant issues pertaining
to corporate credit unions that have not
been addressed in this ANPR.
By the National Credit Union
Administration Board on January 28, 2009.
Mary F. Rupp,
Secretary of the Board.
[FR Doc. E9–2292 Filed 2–3–09; 8:45 am]
BILLING CODE 7535–01–P
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6007
DEPARTMENT OF LABOR
Employee Benefits Security
Administration
29 CFR 2550
RIN 1210–AB13
Investment Advice—Participants and
Beneficiaries
AGENCY: Employee Benefits Security
Administration, Labor.
ACTION: Notice of proposed extension of
effective date and applicability date;
request for public comments on legal
and policy questions relating to the final
rule.
SUMMARY: Consistent with the
memorandum of January 20, 2009, from
the Assistant to the President and Chief
of Staff, entitled ‘‘Regulatory Review,’’
this document proposes to extend for 60
days 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. Extending the effective date
would allow the Department of Labor to
evaluate comments on questions of law
and policy concerning the rules. Thus,
this document also seeks comments
generally on the rules and on the merits
of rescinding, modifying or retaining the
rules.
DATES: Comments on the proposal to
extend the effective and applicability
date should be submitted to the
Department on or before February 18,
2009. Comments on the provisions of 29
CFR 2550.408g–1 and 2550.408g–2
should be submitted to the Department
on or before March 6, 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.
ADDRESSES: To facilitate the receipt and
processing of comment letters, EBSA
encourages interested persons to submit
their comments electronically by e-mail
to e-ORI@dol.gov (enter into subject
line: Investment Advice Final Rule) or
by using the Federal eRulemaking portal
at https://www.regulations.gov. Persons
submitting comments electronically are
encouraged not to submit paper copies.
Persons interested in submitting paper
E:\FR\FM\04FEP1.SGM
04FEP1
6008
Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / Proposed Rules
copies should send or deliver their
comments to the Office of Regulations
and Interpretations, Employee Benefits
Security Administration, Attn:
Investment Advice Final Rule, Room N–
5655, U.S. Department of Labor, 200
Constitution Avenue, NW., Washington,
DC 20210. All comments will be
available to the public, without charge,
online at https://www.regulations.gov
and https://www.dol.gov/ebsa and at the
Public Disclosure Room, N–1513,
Employee Benefits Security
Administration, U.S. Department of
Labor, 200 Constitution Avenue, NW.,
Washington, DC 20210.
SUPPLEMENTARY INFORMATION: On
January 21, 2009, the Department of
Labor published final rules on the
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 § 408(b)(14)
and § 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 § 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 is proposing to
extend the effective date for these rules
until May 22, 2009, and to make a
conforming amendment to the
applicability date of § 2550.408g–1.
Extending the effective date for 60
days will allow the public to comment
on whether the rules raise significant
policy and legal issues and for the
Department to review these comments
and the rules before the relief granted by
the rules becomes available. The
exemptive relief granted by the rules
would serve little purpose if the
Department were to withdraw or amend
the rules after plans and investment
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14:32 Feb 03, 2009
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advisers had implemented procedures
and incurred expenses in order to make
use of the exemptive relief.
The Department solicits comments on
the proposal to extend the effective and
applicability dates for 60 days. For this
purpose, the comment period will end
on February 18, 2009. At the same time,
the Department also solicits comments
on issues of law and policy concerning
all the provisions of these rules. The
purpose of these comments is to assist
the Department in its review of these
rules. Upon completion of this review,
the Department may decide to allow the
rules to take effect, issue a further
extension, withdraw the rules, or
propose amendments. The Department
requests comments on each of these
possible outcomes. The comment period
for this broader purpose will end on
March 6, 2009.
1978 Comp. p. 332, effective Dec. 31, 1978,
44 FR 1065 (Jan. 3, 1978), and 3 CFR, 1978
Comp. 332. Sec. 2550.412–1 also issued
under 29 U.S.C. 1112.
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 (73 FR
3822), of the final rule amending 29 CFR
Part 2550, is proposed to be further
amended as follows:
[EPA–HQ–OECA–2009–0006; FRL–8766–1]
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. 1–2003, 68 FR 5374 (Feb.
3, 2003). Sec. 2550.401b–1 also issued under
sec. 102, Reorganization Plan No. 4 of 1978,
43 FR 47713 (Oct. 17, 1978), 3 CFR, 1978
Comp. 332, effective Dec. 31, 1978, 44 FR
1065 (Jan. 3, 1978), 3 CFR, 1978 Comp. 332.
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, Pub. L. 107–16, 115
Stat. 38). Sec. 2550.408b–1 also issued under
29 U.S.C. 1108(b)(1) and sec. 102,
Reorganization Plan No. 4 of 1978, 3 CFR,
1978 Comp. p. 332, effective Dec. 31, 1978,
44 FR 1065 (Jan. 3, 1978), and 3 CFR, 1978
Comp. 332. Sec. 2550.408b–19 also issued
under sec. 611, Public Law 109–280, 120
Stat. 780, 972, and sec. 102, Reorganization
Plan No. 4 of 1978, 3 CFR, 1978 Comp. p.
332, effective Dec. 31, 1978, 44 FR 1065 (Jan.
3, 1978), and 3 CFR, 1978 Comp. 332. Sec.
2550.408g–1 also issued under sec. 102,
Reorganization Plan No. 4 of 1978, 3 CFR,
1978 Comp. p. 332, effective Dec. 31, 1978,
44 FR 1065 (Jan. 3, 1978), and 3 CFR, 1978
Comp. 332. Sec. 2550.408g–2 also issued
under 29 U.S.C. 1108(g) and sec. 102,
Reorganization Plan No. 4 of 1978, 3 CFR,
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2. Section 2550.408g–1 is amended by
removing the date ‘‘March 23, 2009’’
and adding in its place ‘‘May 22, 2009’’
in paragraph (g).
Signed at Washington, DC, this 29th day of
January, 2009.
Alan D. Lebowitz,
Deputy Assistant Secretary for Program
Operations, Employee Benefits Security
Administration, Department of Labor.
[FR Doc. E9–2296 Filed 2–3–09; 8:45 am]
BILLING CODE 4510–29–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 6
RIN 2020–AA48
Procedures for Implementing the
National Environmental Policy Act and
Assessing the Environmental Effects
Abroad of EPA Actions
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
SUMMARY: EPA is proposing to correct its
rule entitled ‘‘Procedures for
Implementing the National
Environmental Policy Act and Assessing
the Effects Abroad of EPA Actions,’’
which was published September 19,
2007. Since the final rule became
effective on October 19, 2007, EPA has
received inquiries about some minor
inconsistencies and ambiguities in the
final rule. This action involves four
minor, technical corrections to the rule
to address those issues. The first
correction expands the definition of
‘‘applicants’’ to include those who
request EPA approvals. The second
change clarifies that a categorical
exclusion includes vacant land. The
third change corrects the text to indicate
that the number of extraordinary
circumstances is ten. The last change
expands Subpart C to apply to EPA
approvals as well as permits and
assistance grants. In the ‘‘Rules and
Regulations’’ section of this Federal
Register, we have made these four
changes as a direct final rule without a
prior proposed rule. If we receive no
adverse comment, we will not take
further action on this proposed rule.
DATES: Any comments must be received
by March 6, 2009.
ADDRESSES: Submit your comments,
identified by Docket ID No. [EPA–HQ–
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Agencies
[Federal Register Volume 74, Number 22 (Wednesday, February 4, 2009)]
[Proposed Rules]
[Pages 6007-6008]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-2296]
=======================================================================
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DEPARTMENT OF LABOR
Employee Benefits Security Administration
29 CFR 2550
RIN 1210-AB13
Investment Advice--Participants and Beneficiaries
AGENCY: Employee Benefits Security Administration, Labor.
ACTION: Notice of proposed extension of effective date and
applicability date; request for public comments on legal and policy
questions relating to the final rule.
-----------------------------------------------------------------------
SUMMARY: Consistent with the memorandum of January 20, 2009, from the
Assistant to the President and Chief of Staff, entitled ``Regulatory
Review,'' this document proposes to extend for 60 days 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. Extending the effective date would allow
the Department of Labor to evaluate comments on questions of law and
policy concerning the rules. Thus, this document also seeks comments
generally on the rules and on the merits of rescinding, modifying or
retaining the rules.
DATES: Comments on the proposal to extend the effective and
applicability date should be submitted to the Department on or before
February 18, 2009. Comments on the provisions of 29 CFR 2550.408g-1 and
2550.408g-2 should be submitted to the Department on or before March 6,
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.
ADDRESSES: To facilitate the receipt and processing of comment letters,
EBSA encourages interested persons to submit their comments
electronically by e-mail to e-ORI@dol.gov (enter into subject line:
Investment Advice Final Rule) or by using the Federal eRulemaking
portal at https://www.regulations.gov. Persons submitting comments
electronically are encouraged not to submit paper copies. Persons
interested in submitting paper
[[Page 6008]]
copies should send or deliver their comments to the Office of
Regulations and Interpretations, Employee Benefits Security
Administration, Attn: Investment Advice Final Rule, Room N-5655, U.S.
Department of Labor, 200 Constitution Avenue, NW., Washington, DC
20210. All comments will be available to the public, without charge,
online at https://www.regulations.gov and https://www.dol.gov/ebsa and at
the Public Disclosure Room, N-1513, Employee Benefits Security
Administration, U.S. Department of Labor, 200 Constitution Avenue, NW.,
Washington, DC 20210.
SUPPLEMENTARY INFORMATION: On January 21, 2009, the Department of Labor
published final rules on the 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 Sec. 408(b)(14) and Sec.
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 Sec. 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 is proposing to extend
the effective date for these rules until May 22, 2009, and to make a
conforming amendment to the applicability date of Sec. 2550.408g-1.
Extending the effective date for 60 days will allow the public to
comment on whether the rules raise significant policy and legal issues
and for the Department to review these comments and the rules before
the relief granted by the rules becomes available. The exemptive relief
granted by the rules would serve little purpose if the Department were
to withdraw or amend the rules after plans and investment advisers had
implemented procedures and incurred expenses in order to make use of
the exemptive relief.
The Department solicits comments on the proposal to extend the
effective and applicability dates for 60 days. For this purpose, the
comment period will end on February 18, 2009. At the same time, the
Department also solicits comments on issues of law and policy
concerning all the provisions of these rules. The purpose of these
comments is to assist the Department in its review of these rules. Upon
completion of this review, the Department may decide to allow the rules
to take effect, issue a further extension, withdraw the rules, or
propose amendments. The Department requests comments on each of these
possible outcomes. The comment period for this broader purpose will end
on March 6, 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 (73 FR 3822), of the final rule amending 29 CFR Part 2550, is
proposed to be 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. 1-
2003, 68 FR 5374 (Feb. 3, 2003). Sec. 2550.401b-1 also issued under
sec. 102, Reorganization Plan No. 4 of 1978, 43 FR 47713 (Oct. 17,
1978), 3 CFR, 1978 Comp. 332, effective Dec. 31, 1978, 44 FR 1065
(Jan. 3, 1978), 3 CFR, 1978 Comp. 332. 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, Pub. L. 107-16, 115 Stat. 38). Sec. 2550.408b-1 also
issued under 29 U.S.C. 1108(b)(1) and sec. 102, Reorganization Plan
No. 4 of 1978, 3 CFR, 1978 Comp. p. 332, effective Dec. 31, 1978, 44
FR 1065 (Jan. 3, 1978), and 3 CFR, 1978 Comp. 332. Sec. 2550.408b-19
also issued under sec. 611, Public Law 109-280, 120 Stat. 780, 972,
and sec. 102, Reorganization Plan No. 4 of 1978, 3 CFR, 1978 Comp.
p. 332, effective Dec. 31, 1978, 44 FR 1065 (Jan. 3, 1978), and 3
CFR, 1978 Comp. 332. Sec. 2550.408g-1 also issued under sec. 102,
Reorganization Plan No. 4 of 1978, 3 CFR, 1978 Comp. p. 332,
effective Dec. 31, 1978, 44 FR 1065 (Jan. 3, 1978), and 3 CFR, 1978
Comp. 332. Sec. 2550.408g-2 also issued under 29 U.S.C. 1108(g) and
sec. 102, Reorganization Plan No. 4 of 1978, 3 CFR, 1978 Comp. p.
332, effective Dec. 31, 1978, 44 FR 1065 (Jan. 3, 1978), and 3 CFR,
1978 Comp. 332. Sec. 2550.412-1 also issued under 29 U.S.C. 1112.
2. Section 2550.408g-1 is amended by removing the date ``March 23,
2009'' and adding in its place ``May 22, 2009'' in paragraph (g).
Signed at Washington, DC, this 29th day of January, 2009.
Alan D. Lebowitz,
Deputy Assistant Secretary for Program Operations, Employee Benefits
Security Administration, Department of Labor.
[FR Doc. E9-2296 Filed 2-3-09; 8:45 am]
BILLING CODE 4510-29-P