the effective date of any update under subparagraph (A), the Secretary shall publish, in the Federal Register and on the internet website of the Department of Labor, a notice announcing the update. (C) Nonapplicability of rule making requirements Any update described in this paragraph shall not be subject to the requirements for notice and comment rule making under section 553 of title 5, United States Code. (4) Duties test The Secretary shall, in addition to the requirement under paragraph (1), continue to require employees to satisfy a duties test, as prescribed by the Secretary, in defining and delimiting the terms described in subsection (a)(1). . (b) Effective date This Act, and the amendments made by this Act, shall take effect on the date that is 60 days after the date of enactment of this Act.