BACK TO NACUANOTE

FN4.   The Rule’s implementation date was initially set for January 15, 2009, 60 days after the Rule was published in the Federal Register.  See id. at. 67,651.   However, the effective date of the Rule was delayed several times (to May 19, 2009, June 30, 2009, then finally September 8, 2009) so that President Barack Obama’s Administration could review the Rule and briefing could take place in a lawsuit filed by the U.S. Chamber of Commerce in federal court in Maryland requesting that the Rule be declared invalid.  On July 8, the Administration indicated its full support of the Rule, and on August 26, the federal court upheld the Rule and dismissed the suit by the Chamber.  Although the Chamber appealed the ruling and requested expedited consideration of its emergency motion to enjoin the Rule pending appeal, the federal court denied the motion.  The Rule thus became effective September 8, 2009. See infra.