Model Notice of Pending Election of Multiemployer Plan Status, 69594-69598 [06-9491]

Download as PDF 69594 Federal Register / Vol. 71, No. 231 / Friday, December 1, 2006 / Notices DEPARTMENT OF LABOR Employee Benefits Security Administration ZRIN 1210–ZA11 Model Notice of Pending Election of Multiemployer Plan Status Employee Benefits Security Administration, Labor. ACTION: Notice. AGENCY: rmajette on PROD1PC67 with NOTICES1 SUMMARY: This document contains a Model Notice of Pending Election of Multiemployer Plan Status. The Pension Protection Act of 2006 (PPA), Public Law 109–280, permits certain plans that would otherwise be treated as multiemployer plans to elect to revoke a prior election to be treated as singleemployer plans, and certain other plans to elect to be treated as multiemployer plans. The PPA requires plan administrators to provide notice of such an election to each plan participant and beneficiary, each labor organization representing such participants or beneficiaries, and each employer that has an obligation to contribute to the plan, and further requires the Secretary of Labor to prescribe a model notice. FOR FURTHER INFORMATION CONTACT: David Lurie, Employee Benefits Security Administration (EBSA), U.S. Department of Labor, (202) 693–8510. This is not a toll-free number. SUPPLEMENTARY INFORMATION: Section 1106 of the PPA added subparagraph (G) to section 3(37) of the Employee Retirement Income Security Act of 1974 (ERISA) and paragraph (6) to section 414(f) of the Internal Revenue Code of 1986 (the Code). The new provisions permit a plan that had made an election under subparagraph (E) of section 3(37) of ERISA and paragraph (5) of section VerDate Aug<31>2005 13:50 Nov 30, 2006 Jkt 211001 414(f) of the Code to be treated as a single-employer plan to elect to revoke such election within one year following the date of enactment of the PPA pursuant to procedures prescribed by the Pension Benefit Guaranty Corporation (PBGC), provided certain conditions are satisfied. In addition, the new provisions permit certain other plans to elect to be treated as a multiemployer plan for all purposes under ERISA and the Code, pursuant to procedures prescribed by the PBGC. Any election under 3(37)(G) is effective starting with the first plan year ending after August 17, 2006. An eligible plan is (1) a plan that either (A) is maintained pursuant to one or more collective bargaining agreements and to which more than one employer is required to contribute, or (B) is described as having been established in Chicago, Illinois on August 12, 1881, and is sponsored by an organization described in section 501(c)(5) of the Code and exempt from tax under section 501(a) of the Code, and (2) the plan meets the following requirements: (A) For each of the three plan years immediately before the date of enactment of the PPA the plan satisfied the above conditions or is so described, (B) substantially all of the employer contributions for each of those plan years were made or required to be made by organizations that were exempt from tax under section 501 of the Code, and (C) the plan was established prior to September 2, 1974. Section 3(37)(G)(v)(I) further provides that the plan administrator of a plan making an election pursuant to section 3(37)(G) shall provide notice of the pending election no later than 30 days before the election is made to each plan participant and beneficiary, each labor organization representing such participants or beneficiaries, and each PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 employer that has an obligation to contribute to the plan, describing the principal differences between the guarantee programs under Title IV and the benefit restrictions under Title I for single-employer and multiemployer plans, along with such other information the plan administrator chooses to include. Section 3(37)(G)(v)(II) requires the Secretary of Labor to prescribe a model notice for this purpose within 180 days of the date of enactment of the PPA. In order to satisfy this directive, the Department is publishing this Notice, which contains a Model Notice of Pending Election of Multiemployer Plan Status. The Department will consider that plan administrators who use the Model Notice to notify participants, beneficiaries, labor organizations, and employers of their plan’s change of status no later than 30 days before an election is made to have satisfied their obligations under section 3(37)(G)(v)(I). The Model Notice is also available on EBSA’s Web site at http://www.dol.gov/ ebsa. The Department has consulted with the PBGC in connection with the development of the Model Notice. The PBGC has advised that it will establish procedures and provide guidance for making the election provided for in section 3(37)(G). The Department is of the view that no election under 3(37)(G) is effective unless made pursuant to such procedures, including certification by the plan administrator that it has complied with the notice requirements in section 3(37)(G)(v)(I). In this regard, section 3(37)(G)(v)(III) provides the Secretary of Labor with authority to assess civil penalties for a failure to provide such a notice. BILLING CODE 4510–29–P E:\FR\FM\01DEN1.SGM 01DEN1 VerDate Aug<31>2005 13:50 Nov 30, 2006 Jkt 211001 PO 00000 Frm 00067 Fmt 4703 Sfmt 4725 E:\FR\FM\01DEN1.SGM 01DEN1 69595 EN01DE06.027</GPH> rmajette on PROD1PC67 with NOTICES1 Federal Register / Vol. 71, No. 231 / Friday, December 1, 2006 / Notices VerDate Aug<31>2005 Federal Register / Vol. 71, No. 231 / Friday, December 1, 2006 / Notices 13:50 Nov 30, 2006 Jkt 211001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4725 E:\FR\FM\01DEN1.SGM 01DEN1 EN01DE06.028</GPH> rmajette on PROD1PC67 with NOTICES1 69596 VerDate Aug<31>2005 13:50 Nov 30, 2006 Jkt 211001 PO 00000 Frm 00069 Fmt 4703 Sfmt 4725 E:\FR\FM\01DEN1.SGM 01DEN1 69597 EN01DE06.029</GPH> rmajette on PROD1PC67 with NOTICES1 Federal Register / Vol. 71, No. 231 / Friday, December 1, 2006 / Notices 69598 Federal Register / Vol. 71, No. 231 / Friday, December 1, 2006 / Notices Signed at Washington, DC, this 28th day of November, 2006. Bradford P. Campbell, Acting Assistant Secretary, Employee Benefits Security Administration, Department of Labor. [FR Doc. 06–9491 Filed 11–30–06; 8:45 am] BILLING CODE 4510–29–C For a copy of the form contact: Rebecca Danvers, Director of Research and Technology, Institute of Museum and Library Services, 1800 M St., NW., 9th floor, Washington, DC 20036, telephone 202–653–4680, fax 202–653–4625, e-mail rdanvers@imls.gov. ADDRESSES: SUPPLEMENTARY INFORMATION: I. Background NATIONAL FOUNDATION ON THE ARTS AND HUMANITIES Study of IMLS Funded Digital Collections and Content, Collections Registry Survey, Submission for OMB Clearance Institute of Museum and Library Services, National Foundation on the Arts and Humanities. ACTION: Submission to OMB for Clearance. rmajette on PROD1PC67 with NOTICES1 AGENCY: SUMMARY: The Institute of Museum and Library Services announces the following information collection has been submitted to the Office of Management and Budget for review and approval in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104–13, 44 U.S.C. Chapter 35). A copy of this proposed form, with applicable supporting documentation, may be obtained by calling the Institute of Museum and Library Services, Director of Research and Technology, Rebecca Danvers at (202) 653–4680. IMLS seeks OMB clearance for study of IMLS Funded Digital Collections and Content, Collections Registry Survey. DATES: Comments must be received by January 2, 2007. The OMB is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. VerDate Aug<31>2005 13:50 Nov 30, 2006 Jkt 211001 The Institute of Museum and Library Services is an independent Federal grant-making agency authorized by the Museum and Library Services Act, Public Law 104–208, as amended. The IMLS provides a variety of grant programs to assist the nation’s museums and libraries in improving their operations and enhancing their services to the public. Museums and libraries of all sizes and types may receive support from IMLS programs. The Museum and Library Services Act, 20 U.S.C. Section 9101, et seq. authorizes the Director of the Institute of Museum and Library Services to make grants to museums and other entities as the Director considers appropriate. In the National Leadership Grant program, IMLS funds the digitization of library and museum collections. The survey is a Web-based form to collect electronically collection level data about digitization projects funded by the Institute of Museum and Library Services through the National Leadership and Grants to State Libraries programs. II. Current Actions To collect information from grantee institutions that received IMLS digitization grants since 2005. Agency: Institute of Museum and Library Services. Title: Museum Grants for African American History and Culture Program Guidelines. OMB Number: 3137–051. Agency Number: 3137. Frequency: Once. Affected Public: museums and libraries that created digital collections with IMLS funding. Number of Respondents: 50. Estimated Time Per Respondent: .5 hours. Total Burden Hours: 25. Total Annualized capital/startup costs: $0. Total Annual costs: $625. Contact: Comments should be sent to Office of Information and Regulatory Affairs, Attn.: OMB Desk Officer for Education, Office of Management and Budget, Room 10235, Washington, DC 20503, (202) 395–7316. PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 Dated: November 27, 2006. Rebecca Danvers, Director Research and Technology. [FR Doc. E6–20369 Filed 11–30–06; 8:45 am] BILLING CODE 7036–01–P NUCLEAR REGULATORY COMMISSION [Docket Nos. STN 50–454, STN 50–455, STN 50–456 AND STN 50–457] Exelon Generation Company, LLC Byron Station, Unit Nos. 1 and 2; Braidwood Station, Unit Nos. 1 and 2; Exemption 1.0 Background Exelon Generation Company, LLC (EGC, or the licensee) is the holder of Facility Operating Licenses NPF–37, NPF–66, NPF–72, and NPF–77, which authorize operation of Byron Station, Unit Nos. 1 and 2 (Byron), and Braidwood Station, Unit Nos. 1 and 2 (Braidwood), respectively. The licenses provide, among other things, that the facilities are subject to all rules, regulations, and orders of the Nuclear Regulatory Commission (NRC, the Commission) now or hereafter in effect. The Byron facility consists of two pressurized-water reactors located in Ogle County in Illinois. The Braidwood facility consists of two pressurizedwater reactors located in Will County in Illinois. 2.0 Request/Action Title 10 of the Code of Federal Regulations (10 CFR), Part 50, Appendix G, requires that pressure-temperature (P–T) limits be established for reactor pressure vessels (RPVs) during normal operating and hydrostatic or leak rate testing conditions. Specifically, 10 CFR Part 50, Appendix G states, ‘‘[t]he minimum temperature requirements * * * pertain to the controlling material, which is either the material in the closure flange or the material in the beltline region with the highest reference temperature * * * [T]he minimum temperature requirements and the controlling material depend on the operating condition (i.e., hydrostatic pressure and leak tests, or normal operation including anticipated operational occurrences), the vessel pressure, whether fuel is in the vessel, and whether the core is critical. The metal temperature of the controlling material, in the region of the controlling material which has the least favorable combination of stress and temperature, must exceed the appropriate minimum temperature requirement for the condition and pressure of the vessel E:\FR\FM\01DEN1.SGM 01DEN1

Agencies

[Federal Register Volume 71, Number 231 (Friday, December 1, 2006)]
[Notices]
[Pages 69594-69598]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-9491]



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DEPARTMENT OF LABOR

Employee Benefits Security Administration

ZRIN 1210-ZA11


Model Notice of Pending Election of Multiemployer Plan Status

AGENCY: Employee Benefits Security Administration, Labor.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This document contains a Model Notice of Pending Election of 
Multiemployer Plan Status. The Pension Protection Act of 2006 (PPA), 
Public Law 109-280, permits certain plans that would otherwise be 
treated as multiemployer plans to elect to revoke a prior election to 
be treated as single-employer plans, and certain other plans to elect 
to be treated as multiemployer plans. The PPA requires plan 
administrators to provide notice of such an election to each plan 
participant and beneficiary, each labor organization representing such 
participants or beneficiaries, and each employer that has an obligation 
to contribute to the plan, and further requires the Secretary of Labor 
to prescribe a model notice.

FOR FURTHER INFORMATION CONTACT: David Lurie, Employee Benefits 
Security Administration (EBSA), U.S. Department of Labor, (202) 693-
8510. This is not a toll-free number.

SUPPLEMENTARY INFORMATION: Section 1106 of the PPA added subparagraph 
(G) to section 3(37) of the Employee Retirement Income Security Act of 
1974 (ERISA) and paragraph (6) to section 414(f) of the Internal 
Revenue Code of 1986 (the Code). The new provisions permit a plan that 
had made an election under subparagraph (E) of section 3(37) of ERISA 
and paragraph (5) of section 414(f) of the Code to be treated as a 
single-employer plan to elect to revoke such election within one year 
following the date of enactment of the PPA pursuant to procedures 
prescribed by the Pension Benefit Guaranty Corporation (PBGC), provided 
certain conditions are satisfied. In addition, the new provisions 
permit certain other plans to elect to be treated as a multiemployer 
plan for all purposes under ERISA and the Code, pursuant to procedures 
prescribed by the PBGC. Any election under 3(37)(G) is effective 
starting with the first plan year ending after August 17, 2006. An 
eligible plan is (1) a plan that either (A) is maintained pursuant to 
one or more collective bargaining agreements and to which more than one 
employer is required to contribute, or (B) is described as having been 
established in Chicago, Illinois on August 12, 1881, and is sponsored 
by an organization described in section 501(c)(5) of the Code and 
exempt from tax under section 501(a) of the Code, and (2) the plan 
meets the following requirements: (A) For each of the three plan years 
immediately before the date of enactment of the PPA the plan satisfied 
the above conditions or is so described, (B) substantially all of the 
employer contributions for each of those plan years were made or 
required to be made by organizations that were exempt from tax under 
section 501 of the Code, and (C) the plan was established prior to 
September 2, 1974.
    Section 3(37)(G)(v)(I) further provides that the plan administrator 
of a plan making an election pursuant to section 3(37)(G) shall provide 
notice of the pending election no later than 30 days before the 
election is made to each plan participant and beneficiary, each labor 
organization representing such participants or beneficiaries, and each 
employer that has an obligation to contribute to the plan, describing 
the principal differences between the guarantee programs under Title IV 
and the benefit restrictions under Title I for single-employer and 
multiemployer plans, along with such other information the plan 
administrator chooses to include.
    Section 3(37)(G)(v)(II) requires the Secretary of Labor to 
prescribe a model notice for this purpose within 180 days of the date 
of enactment of the PPA. In order to satisfy this directive, the 
Department is publishing this Notice, which contains a Model Notice of 
Pending Election of Multiemployer Plan Status. The Department will 
consider that plan administrators who use the Model Notice to notify 
participants, beneficiaries, labor organizations, and employers of 
their plan's change of status no later than 30 days before an election 
is made to have satisfied their obligations under section 
3(37)(G)(v)(I). The Model Notice is also available on EBSA's Web site 
at http://www.dol.gov/ebsa.
    The Department has consulted with the PBGC in connection with the 
development of the Model Notice. The PBGC has advised that it will 
establish procedures and provide guidance for making the election 
provided for in section 3(37)(G). The Department is of the view that no 
election under 3(37)(G) is effective unless made pursuant to such 
procedures, including certification by the plan administrator that it 
has complied with the notice requirements in section 3(37)(G)(v)(I). In 
this regard, section 3(37)(G)(v)(III) provides the Secretary of Labor 
with authority to assess civil penalties for a failure to provide such 
a notice.
BILLING CODE 4510-29-P

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    Signed at Washington, DC, this 28th day of November, 2006.
Bradford P. Campbell,
Acting Assistant Secretary, Employee Benefits Security Administration, 
Department of Labor.
[FR Doc. 06-9491 Filed 11-30-06; 8:45 am]
BILLING CODE 4510-29-C