[Federal Register Volume 66, Number 18 (Friday, January 26, 2001)]
[Rules and Regulations]
[Page 8076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-2581]



[[Page 8075]]

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Part VII





Department of Labor





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Pension and Welfare Benefits Administration



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29 CFR Part 2590



National Medical Support; Delay of Effective Date; Final Rule

  Federal Register / Vol. 66, No. 18 / Friday, January 26, 2001 / Rules 
and Regulations  

[[Page 8076]]


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DEPARTMENT OF LABOR

Pension and Welfare Benefits Administration

29 CFR Part 2590

RIN 1210-AA72


National Medical Support Notice: Delay of Effective Date

AGENCY: Pension and Welfare Benefits Administration, Department of 
Labor.

ACTION: Final rule; Delay of effective date.

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SUMMARY: In accordance with the memorandum of January 20, 2001, from 
the Assistant to the President and Chief of Staff, entitled 
``Regulatory Review Plan,'' published in the Federal Register on 
January 24, 2001, this action temporarily delays for 60 days the 
effective date of the rule entitled National Medical Support Notice, 
published in the Federal Register on December 27, 2000, 65 FR 82128. 
That rule promulgates a notice to be issued by State Agencies as a 
means to enforce health care coverage provisions in a child support 
order and to be treated by administrators of group health plans as a 
qualified medical child support order under section 609(a) of the 
Employee Retirement Income Security Act (ERISA). To the extent that 5 
U.S.C. section 553 applies to this action, it is exempt from notice and 
comment because it constitutes a rule of procedure under 5 U.S.C. 
section 553(b)(A). Alternatively, the Department's implementation of 
this rule without opportunity for public comment, effective immediately 
upon publication today in the Federal Register, is based on the good 
cause exceptions in 5 U.S.C. section 553(b)(B) and 553(d)(3), in that 
seeking public comment is impracticable, unnecessary and contrary to 
the public interest. The temporary 60-day delay in effective date is 
necessary to give Department officials the opportunity for further 
review and consideration of new regulations, consistent with the 
Assistant to the President's memorandum of January 20, 2001. Given the 
imminence of the effective date, seeking prior public comment on this 
temporary delay would have been impractical, as well as contrary to the 
public interest in the orderly promulgation and implementation of 
regulations. In addition, allowing the rule to become effective before 
the temporary suspension could create confusion among State agencies, 
employers and plan administrators regarding the qualified status of 
child support orders issued before and during the suspension period.

DATES: The effective date of the National Medical Support Notice, 
published in the Federal Register on December 27, 2000, at 65 FR 82128, 
is delayed for 60 days, from January 26, 2001 to a new effective date 
of March 27, 2001.

FOR FURTHER INFORMATION CONTACT: David Lurie or Susan Rees, Office of 
Regulations and Interpretations, Pension and Welfare Benefits 
Administration, 200 Constitution Avenue, NW, Room N-5669, Washington, 
DC 20010, (202) 219-8671 (this is not a toll-free number).

    Signed at Washington, DC, this January 25, 2001.
Alan D. Lebowitz,
Deputy Assistant Secretary for Program Operations, Pension and Welfare 
Benefits Administration, Department of Labor.
[FR Doc. 01-2581 Filed 1-25-01; 1:43 pm]
BILLING CODE 4510-29-P