Proposed Amendment to Prohibited Transaction Exemption 2006-06 (PTE 2006-06) for Services Provided in Connection With the Termination of Abandoned Individual Account Plans, 7461-7464 [E7-2606]
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Federal Register / Vol. 72, No. 31 / Thursday, February 15, 2007 / Notices
and for reimbursement of natural
resource damage assessment costs
incurred by government agencies: (1)
Browning-Ferris Industries, LLC and
BFI Waste Systems of North America,
Inc.; (2) the City of Waukegan, Illinois;
(3) Abbott Laboratories; (4) Waukegan
Community School District No. 60; (5)
The Goodyear Tire & Rubber Company;
and (6) Invitrogen Corporation.
The Department of Justice will receive
comments relating to the Consent
Decree for a period of thirty (30) days
from the date of this publication.
Comments should be addressed to the
Assistant Attorney General,
Environment and Natural Resources
Division, P.O. Box 7611, U.S.
Department of Justice, Washington, DC
20044–7611, and should refer to United
States v. USX Corp. et al., Civil Action
No. 98 C 6389 (N.D. Ill.) and D.J. Ref.
No. 90–11–2–1315/3.
The Consent Decree may be examined
at the offices of the United States
Attorney, 219 S. Dearborn Street, 5th
Floor, Chicago, Illinois. During the
public comment period, the Consent
Decree may also be examined on the
following Department of Justice Web
site, https://www.usdoj.gov/enrd/
Consent_Decrees.html. A copy of the
Consent Decree may also be obtained by
mail from the Consent Decree Library,
P.O. Box 7611, U.S. Department of
Justice, Washington, DC 20044–7611 or
by faxing or e-mailing a request to Tonia
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William D. Brighton,
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Section, Environment and Natural Resources
Division.
[FR Doc. 07–684 Filed 2–14–07; 8:45 am]
BILLING CODE 4410–15–M
DEPARTMENT OF JUSTICE
ycherry on PROD1PC64 with NOTICES
Notice of Lodging of Consent Decree
Under the Comprehensive
Environmental Response,
Compensation, and Liability Act of
1980
Notice is hereby given that on January
31, 2007, a proposed Consent Decree in
United States of America v. Estate of
David W. St. Germain, Jr. and Zeneca
Inc., Civil Action No. 07–10181 was
lodged with the United States District
Court for the District of Massachusetts.
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18:37 Feb 14, 2007
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In this action the United States sought
recovery of response costs incurred in
connection with the cleanup of
hazardous substances released at the St.
Germain Drum Site, the Oak Street
Drum Site, and the Route 44 Disposal
Area Site (collectively, the ‘‘Sites’’),
located in Taunton, Bristol County,
Massachusetts, pursuant to Section 107
of the Comprehensive Environmental,
Response, Compensation, and Liability
Act, 42 U.S.C. 9607 (‘‘CERCLA’’). The
Consent Decree provides that the Estate
of David W. St. Germain, Jr. shall pay
EPA all net proceeds from the sale of the
St. Germain Site, up to the amount of
EPA’s Unreimbursed Response Costs, as
defined in the Consent Decree. It is
currently estimated that the net
proceeds from the sale of the St.
Germain Site will be approximately
$400,000. The Consent Decree also
provides that Zeneca will pay EPA a
total of $2,562,260.49, plus interest from
May 1, 2006, to resolve its liability at
the Sites.
The Department of Justice will receive
for a period of thirty (30) days from the
date of this publication comments
relating to the Consent Decree.
Comments should be addressed to the
Assistant Attorney General,
Environment and Natural Resources
Division, and either e-mailed to
pubcomment-ees.enrd@usdoj.gov or
mailed to P.O. Box 7611, U.S.
Department of Justice, Washington, DC
20044–7611, and should refer to United
States v. Estate of David W. St. Germain,
Jr. and Zeneca Inc., D.J. Ref. 90–11–3–
07658.
The Consent Decree may be examined
at the Office of the United States
Attorney, 1 Courthouse Way, John
Joseph Moakley Courthouse, Suite 9200,
Boston, MA 02210, and at U.S. EPA
Region 1, One Congress Street, Suite
1100, Boston, MA 02210. During the
public comment period, the Consent
Decree, may also be examined on the
following Department of Justice Web
site, https://www.usdoj.gov/enrd/
Consent_Decrees.html. A copy of the
Consent Decree may also be obtained by
mail from the Consent Decree Library,
P.O. Box 7611, U.S. Department of
Justice, Washington, DC 20044–7611 or
by faxing or e-mailing a request to Tonia
Fleetwood (tonia.fleetwood@usdoj.gov),
fax no. (202) 514–0097, phone
confirmation number (202) 514–1547. in
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Consent Decree Library at the stated
address.
Ronald G. Gluck,
Assistant Chief, Environmental Enforcement
Section, Environment and Natural Resources,
Division.
[FR Doc. 07–685 Filed 2–14–07; 8:45 am]
BILLING CODE 4410–15–M
DEPARTMENT OF LABOR
Employee Benefits Security
Administration
ZRIN 1210–ZA12
[Application Number D–11404]
Proposed Amendment to Prohibited
Transaction Exemption 2006–06 (PTE
2006–06) for Services Provided in
Connection With the Termination of
Abandoned Individual Account Plans
Employee Benefits Security
Administration, U.S. Department of
Labor.
ACTION: Notice of Proposed Amendment
to PTE 2006–06.
AGENCY:
SUMMARY: This document contains a
notice of pendency before the
Department of Labor (the Department) of
a proposed amendment to PTE 2006–06,
a prohibited transaction class exemption
issued under the Employee Retirement
Income Security Act of 1974 (ERISA).
Among other things, PTE 2006–06
permits a ‘‘qualified termination
administrator’’ (QTA) of an individual
account plan that has been abandoned
by its sponsoring employer to select
itself to provide services to the plan in
connection with the plan’s termination,
and to pay itself fees for those services.
This amendment is being proposed in
connection with the Department’s
amendment of regulations relating to the
Termination of Abandoned Individual
Account Plans at 29 CFR 2578.1, and
the Safe Harbor for Distributions from
Terminated Individual Account Plans at
29 CFR 2550.404a–3, which are being
published simultaneously in this issue
of the Federal Register. The
Department’s proposed amendment to
PTE 2006–06 reflects changes, enacted
as part of the Pension Protection Act of
2006, Pub. L. No. 109–280, to the
Internal Revenue Code and would
require, as a condition of relief under
the class exemption, that benefits for a
missing, designated nonspouse
beneficiary be directly rolled over into
an inherited individual retirement plan
that fully complies with Code
requirements. If adopted, the proposed
amendment would affect plans,
participants and beneficiaries of such
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Federal Register / Vol. 72, No. 31 / Thursday, February 15, 2007 / Notices
plans and certain persons engaging in
such transactions.
Written comments and requests
for a public hearing on the proposed
amendment should be received by the
Department on or before April 2, 2007.
DATES:
Comments (preferably, at
least three copies) should be addressed
to the Office of Exemption
Determinations, Employee Benefits
Security Administration, Room N–5700,
U.S. Department of Labor, 200
Constitution Avenue, NW., Washington,
DC 20210, Attention: PTE 2006–06
Amendment. Commenters are
encouraged to submit responses
electronically by e-mail to eOED@dol.gov, or by using the Federal
eRulemaking portal at
www.regulations.gov. All responses will
be available to the public at the Public
Disclosure Room, Room N–1513,
Employee Benefits Security
Administration, U.S. Department of
Labor, 200 Constitution Avenue, NW.,
Washington, DC 20210, and online at
www.regulations.gov and www.dol.gov/
ebsa.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Brian Buyniski, Office of Exemption
Determinations, Employee Benefits
Security Administration, U.S.
Department of Labor, (202) 693–8545
(this is not a toll-free number).
Notice is
hereby given of the pendency before the
Department of a proposed amendment
to PTE 2006–06 (71 FR 20856, April 21,
2006). PTE 2006–06, which was granted
in connection with the Department’s
final regulation at 29 CFR 2578.1,
relating to the Termination of
Abandoned Individual Account Plans,
the Department’s final regulation at 29
CFR 2550.404a–3, relating to the Safe
Harbor for Distributions from
Terminated Individual Account Plans,
and the Department’s final regulation at
29 CFR 2520.103–13, relating to the
Terminal Report for Abandoned
Individual Account Plans, provides an
exemption from the restrictions of
section 406(a)(1)(A) through (D), section
406(b)(1) and (b)(2) of the Employee
Retirement Income Security Act of 1974
(ERISA or the Act) and from the taxes
imposed by section 4975(a) and (b) of
the Internal Revenue Code of 1986 (the
Code), by reason of section 4975(c)(1)(A)
through (E) of the Code.
The Department is proposing the
amendment on its own motion pursuant
to section 408(a) of ERISA and section
4975(c)(2) of the Code, and in
accordance with the procedures set
forth in 29 CFR Part 2570, Subpart B (55
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SUPPLEMENTARY INFORMATION:
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FR 32836, 32847, August 10, 1990).1
The Department seeks to amend the
class exemption to reflect amendments
to the Code that were adopted by
enactment of the Pension Protection Act
of 2006. Among other things, section
829 of the Pension Protection Act
amended Code section 402(c) to permit
the direct rollover of a deceased plan
participant’s benefit from an eligible
retirement plan to an individual
retirement plan established for the
designated nonspouse beneficiary of
such participant. In this connection, the
Department is amending the regulatory
safe harbor to require that a deceased
participant’s benefits be directly rolled
over to an inherited individual
retirement plan established to receive a
distribution on behalf of a missing,
designated nonspouse beneficiary.
Similarly, the Department has
determined to propose an amendment to
PTE 2006–06 to ensure conformity with
the amended Abandoned Plan
Regulations.2
The Department interprets the term
‘‘account’’ (other than an individual
retirement plan) in section I(b)(1)(ii) and
the term ‘‘other account’’ in section
I(b)(3) and (4) of PTE 2006–06 to
include an ‘‘inherited individual
retirement plan’’ as used in the
amended regulatory safe harbor in the
context of a distribution to a nonspouse
beneficiary that does not qualify for
small account treatment under the
regulatory safe harbor. Consequently,
the current exemption provides relief to
a QTA that selects itself as the provider
of an inherited individual retirement
plan under the safe harbor.
Nevertheless, to make clear that the
exemption covers such a selection, the
Department has published a proposed
amendment to PTE 2006–06, and this
issue of the Federal Register specifically
addresses this matter.
Executive Order 12866 Statement
Under Executive Order 12866, the
Department must determine whether a
regulatory action is ‘‘significant’’ and
therefore subject to the requirements of
the Executive Order and subject to
review by the Office of Management and
Budget (OMB). Under section 3(f) of the
Executive Order, a ‘‘significant
regulatory action’’ is an action that is
1 Section 102 of the Reorganization Plan No. 4 of
1978 (5 U.S.C. App. 1 [1996]) generally transferred
the authority of the Secretary of the Treasury to
issue administrative exemptions under section 4975
of the Code to the Secretary of Labor.
2 See in this issue of the Federal Register
Amendments to Safe Harbor for Distributions from
Terminated Individual Account Plans and
Termination of Abandoned Individual Account
Plans to Require Inherited Individual Retirement
Plans for Missing Nonspouse Beneficiaries.
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likely to result in a rule: (1) Having an
annual effect on the economy of $100
million or more, or adversely and
materially affecting a sector of the
economy, productivity, competition,
jobs, the environment, public health or
safety, or State, local or tribal
governments or communities (also
referred to as ‘‘economically
significant’’); (2) creating serious
inconsistency or otherwise interfering
with an action taken or planned by
another agency; (3) materially altering
the budgetary impacts of entitlement
grants, user fees, or loan programs or the
rights and obligations of recipients
thereof; or (4) raising novel legal or
policy issues arising out of legal
mandates, the President’s priorities, or
the principles set forth in the Executive
Order. The Department has determined
that this action is not economically
significant within the meaning of
section 3(f)(1) of the Executive Order.
However, the Office of Management and
Budget (OMB) has determined that the
action is significant within the meaning
of section 3(f)(4) of the Executive Order,
and the Department accordingly
provides the following assessment of its
potential costs and benefits.
These proposed amendments to PTE
2006–06 are being published
concurrently with the issuance of an
interim final rule that amends
regulations pertaining to distributions
from terminated plans to take advantage
of recent changes to the Code. As
explained earlier in the preamble, when
finalized, the proposed amendments
will make explicit the availability to a
QTA of conditional exemptive relief to
designate itself or an affiliate as the
provider of an inherited individual
retirement plan for a nonspouse
beneficiary who has not returned a
distribution election. Allowing QTAs to
use their own or affiliated investment
products to receive the distributions on
behalf of nonspouse beneficiaries who
have failed to make investment
decisions facilitates the orderly
termination and winding-up of a plan’s
affairs. Further, QTAs are not required
to make use of proprietary or affiliated
inherited individual retirement plans
for the benefit of nonspouse
beneficiaries. The Department continues
to believe that the fee limitations, which
are a condition of the exemption and
applicable to distributions on behalf of
nonspouse beneficiaries as well as other
distributions, will encourage QTAs to
make appropriate decisions regarding
whether to use proprietary or affiliated
products based on whether doing so
will be in the best interests of
participants and beneficiaries.
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In the Department’s view, the
proposed amendments would assist in
effectuating the purposes underlying the
regulations to which the exemption
relates. Accordingly, the Department
has taken these amendments into
account in its assessment of the
economic benefits and costs of the
interim final rule amending the
regulations pertaining to distributions
from terminated plans, which is
included in the preamble to the interim
final rule published elsewhere in this
issue of the Federal Register.
Paperwork Reduction Act
The information collections included
in PTE 2006–06 are currently approved,
together with information collections
included in the safe harbor and
termination of abandoned plans
regulations, by the Office of
Management and Budget (OMB) under
OMB control number 1210–0127. This
approval is currently scheduled to
expire on April 30, 2008. The specific
burden for the exemption includes a
recordkeeping requirement for a QTA
that terminates an abandoned plan and
chooses to distribute the account
balances of nonresponsive participants
and beneficiaries into proprietary or
affiliated individual retirement plans.
These proposed amendments do not
make any changes to the information
collections of the exemption.
Accordingly, the Department has not
made a submission for OMB approval in
connection with the proposed
amendments.
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Background
PTE 2006–06 is comprised of five
sections. Section I describes the
transactions that are covered by the
exemption. Section II contains
conditions for the provision of
termination services and the receipt of
fees. Section III contains the conditions
for distributions. Section IV contains the
general recordkeeping provisions
imposed on the QTA, and section V
contains definitions.
Section I(b) of the exemption provides
relief from the restrictions of sections
406(a)(1)(A) through (D), 406(b)(1) and
406(b)(2) of the Act and the taxes
imposed by section 4975(a) and (b) of
the Code, by reason of section
4975(c)(1)(A) through (E) of the Code,
for a QTA to use its authority in
connection with the termination of an
abandoned individual account plan to
designate itself or an affiliate as
provider of an individual retirement
plan or other account to receive the
account balance of a participant or
beneficiary that does not provide
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18:37 Feb 14, 2007
Jkt 211001
direction as to the disposition of such
assets.
Under PTE 2006–06, the other
accounts currently permitted by the
exemption include an account, other
than an individual retirement account,
as described in paragraph (d)(1)(ii) of
the Safe Harbor Regulation, for a
distribution made to a distributee other
than a participant or spouse, and, for
distributions of $1,000 or less, an
interest-bearing, federally insured bank
or savings association account, as
described in section (d)(1)(iii) of the
Safe Harbor Regulation. This provision
of PTE 2006–06 is the subject of the
proposed amendment contained in this
notice.
Section I(b) of the class exemption
further permits the QTA to make the
initial investment of the distributed
proceeds in a proprietary investment
product, receive fees in connection with
the establishment or maintenance of the
individual retirement plan or other
account, and receive investment fees as
a result of the investment of the
individual retirement plan or other
account’s assets in a proprietary
investment product in which the QTA
or an affiliate has an interest.
Discussion of the Proposed Amendment
Section 829 of the Pension Protection
Act amended section 402(c) of the Code
to permit the direct rollover of a
deceased participant’s benefit from an
eligible retirement plan to an individual
retirement plan established on behalf of
a designated nonspouse beneficiary.3
These rollover distributions would not
trigger immediate tax consequences and
mandatory tax withholding for the
nonspouse beneficiary.
In light of the Pension Protection
Act’s favorable changes to the Code
allowing a rollover distribution on
behalf of a nonspouse beneficiary into
an inherited individual retirement plan
with the resulting deferral of income tax
consequences, the Department is
amending the class exemption to require
that a deceased participant’s benefit be
directly rolled over to an inherited
individual retirement plan established
to receive the distribution on behalf of
a missing, designated nonspouse
beneficiary.
General Information
The attention of interested persons is
directed to the following:
3 Section 829 of the Pension Protection Act
requires that the individual retirement plan
established on behalf of a nonspouse beneficiary
must be treated as an inherited individual
retirement plan within the meaning of Code
§ 408(d)(3)(C) and must be subject to the applicable
mandatory distribution requirement of Code
§ 401(a)(9)(B).
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(1) The fact that a transaction is the
subject of an exemption under section
408(a) of ERISA and section 4975(c)(2)
of the Code does not relieve a fiduciary,
or other party in interest or disqualified
person with respect to a plan, from
certain other provisions of ERISA and
the Code, including any prohibited
transaction provisions to which the
exemption does not apply and the
general fiduciary responsibility
provisions of section 404 of ERISA
which require, among other things, that
a fiduciary act prudently and discharge
his or her duties respecting the plan
solely in the interests of the participants
and beneficiaries of the plan.
Additionally, the fact that a transaction
is the subject of an exemption does not
affect the requirement of section 401(a)
of the Code that the plan must operate
for the exclusive benefit of the
employees of the employer maintaining
the plan and their beneficiaries;
(2) This exemption does not extend to
transactions prohibited under section
406(b)(3) of the Act or section
4975(c)(1)(F) of the Code;
(3) Before an exemption may be
granted under section 408(a) of ERISA
and section 4975(c)(2) of the Code, the
Department must find that the
exemption is administratively feasible,
in the interests of the plan and of its
participants and beneficiaries, and
protective of the rights of participants
and beneficiaries of the plan;
(4) If granted, the proposed
amendment is applicable to a particular
transaction only if the transaction
satisfies the conditions specified in the
exemption; and
(5) The proposed amendment, if
granted, will be supplemental to, and
not in derogation of, any other
provisions of ERISA and the Code,
including statutory or administrative
exemptions and transitional rules.
Furthermore, the fact that a transaction
is subject to an administrative or
statutory exemption is not dispositive of
whether the transaction is in fact a
prohibited transaction.
Written Comments and Hearing
Request
The Department invites all interested
persons to submit written comments or
requests for a public hearing on the
proposed amendment to the address and
within the time period set forth above.
Commenters can also submit responses
electronically by e-mail to eOED@dol.gov. All comments received
will be made a part of the record.
Comments and requests for a hearing
should state the reasons for the writer’s
interest in the proposed exemption.
Comments received will be available for
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Federal Register / Vol. 72, No. 31 / Thursday, February 15, 2007 / Notices
public inspection at the above address
and on the www.regulations.gov web
portal.
Proposed Amendment
Under section 408(a) of the Act and
section 4975(c)(2) of the Code and in
accordance with the procedures set
forth in 29 CFR 2570, Subpart B (55 FR
32836, 32847, August 10, 1990), the
Department proposes to amend PTE
2006–06 as set forth below:
I. Covered Transactions * * *
(b) * * *
(1) Designate itself or an affiliate as:
(i) Provider of an individual retirement
plan; (ii) provider, in the case of a
distribution on behalf of a designated
beneficiary (as defined by section
401(a)(9)(E) of the Code) who is not the
surviving spouse of the deceased
participant, of an inherited individual
retirement plan (within the meaning of
section 402(c)(11) of the Code)
established to receive the distribution
on behalf of the nonspouse beneficiary
under the circumstances described in
section (d)(1)(ii) of the Safe Harbor
Regulation for Terminated Plans (29
CFR section 2550.404a–3) (Safe Harbor
Regulation); or (iii) provider of an
interest bearing, federally insured bank
or savings association account
maintained in the name of the
participant or beneficiary, in the case of
a distribution described in section
(d)(1)(iii) of the Safe Harbor Regulation,
for the distribution of the account
balance of the participant or beneficiary
of the abandoned individual account
plan who does not provide direction as
to the disposition of such assets;
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V. Definitions * * *
(b) The term ‘‘individual retirement
plan’’ means an individual retirement
plan described in section 7701(a)(37) of
the Code. For purposes of section III of
this exemption, the term ‘‘individual
retirement plan’’ shall also include an
inherited individual retirement plan
(within the meaning of section
402(c)(11) of the Code) established to
receive a distribution on behalf of a
nonspouse beneficiary. Notwithstanding
the foregoing, the term individual
retirement plan shall not include an
individual retirement plan which is an
employee benefit plan covered by Title
I of ERISA.
Signed at Washington, DC, this 5th day of
February 2007.
Ivan L. Strasfeld,
Director, Office of Exemption Determinations.
[FR Doc. E7–2606 Filed 2–14–07; 8:45 am]
BILLING CODE 4150–29–P
18:37 Feb 14, 2007
Occupational Safety and Health
Administration
[Docket No. OSHA–2007–0008]
Standard on Formaldehyde; Extension
of the Office of Management and
Budget’s (OMB) Approval of
Information Collection (Paperwork)
Requirements
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Request for public comment.
AGENCY:
Exemption * * *
VerDate Aug<31>2005
DEPARTMENT OF LABOR
Jkt 211001
SUMMARY: OSHA solicits public
comments concerning its proposal to
extend OMB approval of the
information collection requirements
contained in its Formaldehyde Standard
(29 CFR 1910.1048). The Standard
protects employees from the adverse
health effects that may result from
occupational exposure to
Formaldehyde, including an itchy,
runny, and stuffy nose; a dry or sore
throat; eye irritation; headache; and
cancer of the lung, buccal cavity, and
pharynx.
Comments must be submitted
(postmarked, sent, or received) by April
16, 2007.
ADDRESSES: You may submit comments
by any of the following methods:
Electronically: You may submit
comments and attachments
electronically at https://
www.regulations.gov, which is the
Federal eRulemaking Portal. Follow the
instructions online for submitting
comments.
Facsimile: If your comments,
including attachments, are not longer
than 10 pages, you may fax them to the
OSHA Docket Office at (202) 693–1648.
Mail, hand delivery, express mail,
messenger, or courier service: When
using this method, you must submit
three copies of your comments and
attachments to the OSHA Docket Office,
OSHA Docket No. OSHA–2007–0008,
U.S. Department of Labor, Room N–
2625, 200 Constitution Avenue, NW.,
Washington, DC 20210. Deliveries
(hand, express mail, messenger, and
courier service) are accepted during the
Department of Labor’s and Docket
Office’s normal business hours, 8:15
a.m.–4:45 p.m., e.t.
Instructions: All submissions must
include the Agency name and OSHA
docket number for this ICR (OSHA
Docket No. OSHA–2007–0008). All
comments, including any personal
information you provide, are placed in
the public docket without change, and
may be made available online at https://
DATES:
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www.regulations.gov. For further
information on submitting comments
see the ‘‘Public Participation’’ heading
in the section of this notice titled
SUPPLEMENTARY INFORMATION.
Docket: To read or download
comments or other material in the
docket, go to https://www.regulations.gov
or the OSHA Docket Office at the
address above. All documents in the
docket (including this Federal Register
notice) are listed in the https://
www.regulations.gov index; however,
some information (e.g., copyrighted
material) is not publicly available to
read or download through the Web site.
All submissions, including copyrighted
material, are available for inspection
and copying at the OSHA Docket Office.
You also may contact Todd Owen at the
address below to obtain a copy of the
ICR.
FOR FURTHER INFORMATION CONTACT:
Jamaa Hill or Todd Owen, Directorate of
Standards and Guidance, OSHA, U.S.
Department of Labor, Room N–3609,
200 Constitution Avenue, NW.,
Washington, DC 20210; telephone (202)
693–2222.
SUPPLEMENTARY INFORMATION:
I. Background
The Department of Labor, as part of its
continuing effort to reduce paperwork
and respondent (i.e., employer) burden,
conducts a preclearance consultation
program to provide the public with an
opportunity to comment on proposed
and continuing information collection
requirements in accordance with the
Paperwork Reduction Act of 1995
(PRA–95) (44 U.S.C. 3506(c)(2)(A)). This
program ensures that information is in
the desired format, reporting burden
(time and costs) is minimal, collection
instruments are clearly understood, and
OSHA’s estimate of the information
collection burden is accurate. The
Occupational Safety and Health Act of
1970 (the Act) authorizes information
collection by employers as necessary or
appropriate for enforcement of the Act
or for developing information regarding
the causes and prevention of
occupational injuries, illnesses, and
accidents (29 U.S.C. 657).
The principal paperwork provisions
of the Formaldehyde Standard require
employers to perform exposure
monitoring to determine employees’
exposure to Formaldehyde, notify
employees of their Formaldehyde
exposures, provide medical surveillance
to employees, provide examining
physicians with specific information,
ensure that employees receive a copy of
their medical examination results,
maintain employees’ exposure
E:\FR\FM\15FEN1.SGM
15FEN1
]]>Agencies
[Federal Register Volume 72, Number 31 (Thursday, February 15, 2007)]
[Notices]
[Pages 7461-7464]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-2606]
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DEPARTMENT OF LABOR
Employee Benefits Security Administration
ZRIN 1210-ZA12
[Application Number D-11404]
Proposed Amendment to Prohibited Transaction Exemption 2006-06
(PTE 2006-06) for Services Provided in Connection With the Termination
of Abandoned Individual Account Plans
AGENCY: Employee Benefits Security Administration, U.S. Department of
Labor.
ACTION: Notice of Proposed Amendment to PTE 2006-06.
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SUMMARY: This document contains a notice of pendency before the
Department of Labor (the Department) of a proposed amendment to PTE
2006-06, a prohibited transaction class exemption issued under the
Employee Retirement Income Security Act of 1974 (ERISA). Among other
things, PTE 2006-06 permits a ``qualified termination administrator''
(QTA) of an individual account plan that has been abandoned by its
sponsoring employer to select itself to provide services to the plan in
connection with the plan's termination, and to pay itself fees for
those services. This amendment is being proposed in connection with the
Department's amendment of regulations relating to the Termination of
Abandoned Individual Account Plans at 29 CFR 2578.1, and the Safe
Harbor for Distributions from Terminated Individual Account Plans at 29
CFR 2550.404a-3, which are being published simultaneously in this issue
of the Federal Register. The Department's proposed amendment to PTE
2006-06 reflects changes, enacted as part of the Pension Protection Act
of 2006, Pub. L. No. 109-280, to the Internal Revenue Code and would
require, as a condition of relief under the class exemption, that
benefits for a missing, designated nonspouse beneficiary be directly
rolled over into an inherited individual retirement plan that fully
complies with Code requirements. If adopted, the proposed amendment
would affect plans, participants and beneficiaries of such
[[Page 7462]]
plans and certain persons engaging in such transactions.
DATES: Written comments and requests for a public hearing on the
proposed amendment should be received by the Department on or before
April 2, 2007.
ADDRESSES: Comments (preferably, at least three copies) should be
addressed to the Office of Exemption Determinations, Employee Benefits
Security Administration, Room N-5700, U.S. Department of Labor, 200
Constitution Avenue, NW., Washington, DC 20210, Attention: PTE 2006-06
Amendment. Commenters are encouraged to submit responses electronically
by e-mail to e-OED@dol.gov, or by using the Federal eRulemaking portal
at www.regulations.gov. All responses will be available to the public
at the Public Disclosure Room, Room N-1513, Employee Benefits Security
Administration, U.S. Department of Labor, 200 Constitution Avenue, NW.,
Washington, DC 20210, and online at www.regulations.gov and
www.dol.gov/ebsa.
FOR FURTHER INFORMATION CONTACT: Brian Buyniski, Office of Exemption
Determinations, Employee Benefits Security Administration, U.S.
Department of Labor, (202) 693-8545 (this is not a toll-free number).
SUPPLEMENTARY INFORMATION: Notice is hereby given of the pendency
before the Department of a proposed amendment to PTE 2006-06 (71 FR
20856, April 21, 2006). PTE 2006-06, which was granted in connection
with the Department's final regulation at 29 CFR 2578.1, relating to
the Termination of Abandoned Individual Account Plans, the Department's
final regulation at 29 CFR 2550.404a-3, relating to the Safe Harbor for
Distributions from Terminated Individual Account Plans, and the
Department's final regulation at 29 CFR 2520.103-13, relating to the
Terminal Report for Abandoned Individual Account Plans, provides an
exemption from the restrictions of section 406(a)(1)(A) through (D),
section 406(b)(1) and (b)(2) of the Employee Retirement Income Security
Act of 1974 (ERISA or the Act) and from the taxes imposed by section
4975(a) and (b) of the Internal Revenue Code of 1986 (the Code), by
reason of section 4975(c)(1)(A) through (E) of the Code.
The Department is proposing the amendment on its own motion
pursuant to section 408(a) of ERISA and section 4975(c)(2) of the Code,
and in accordance with the procedures set forth in 29 CFR Part 2570,
Subpart B (55 FR 32836, 32847, August 10, 1990).\1\ The Department
seeks to amend the class exemption to reflect amendments to the Code
that were adopted by enactment of the Pension Protection Act of 2006.
Among other things, section 829 of the Pension Protection Act amended
Code section 402(c) to permit the direct rollover of a deceased plan
participant's benefit from an eligible retirement plan to an individual
retirement plan established for the designated nonspouse beneficiary of
such participant. In this connection, the Department is amending the
regulatory safe harbor to require that a deceased participant's
benefits be directly rolled over to an inherited individual retirement
plan established to receive a distribution on behalf of a missing,
designated nonspouse beneficiary. Similarly, the Department has
determined to propose an amendment to PTE 2006-06 to ensure conformity
with the amended Abandoned Plan Regulations.\2\
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\1\ Section 102 of the Reorganization Plan No. 4 of 1978 (5
U.S.C. App. 1 [1996]) generally transferred the authority of the
Secretary of the Treasury to issue administrative exemptions under
section 4975 of the Code to the Secretary of Labor.
\2\ See in this issue of the Federal Register Amendments to Safe
Harbor for Distributions from Terminated Individual Account Plans
and Termination of Abandoned Individual Account Plans to Require
Inherited Individual Retirement Plans for Missing Nonspouse
Beneficiaries.
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The Department interprets the term ``account'' (other than an
individual retirement plan) in section I(b)(1)(ii) and the term ``other
account'' in section I(b)(3) and (4) of PTE 2006-06 to include an
``inherited individual retirement plan'' as used in the amended
regulatory safe harbor in the context of a distribution to a nonspouse
beneficiary that does not qualify for small account treatment under the
regulatory safe harbor. Consequently, the current exemption provides
relief to a QTA that selects itself as the provider of an inherited
individual retirement plan under the safe harbor. Nevertheless, to make
clear that the exemption covers such a selection, the Department has
published a proposed amendment to PTE 2006-06, and this issue of the
Federal Register specifically addresses this matter.
Executive Order 12866 Statement
Under Executive Order 12866, the Department must determine whether
a regulatory action is ``significant'' and therefore subject to the
requirements of the Executive Order and subject to review by the Office
of Management and Budget (OMB). Under section 3(f) of the Executive
Order, a ``significant regulatory action'' is an action that is likely
to result in a rule: (1) Having an annual effect on the economy of $100
million or more, or adversely and materially affecting a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local or tribal governments or communities
(also referred to as ``economically significant''); (2) creating
serious inconsistency or otherwise interfering with an action taken or
planned by another agency; (3) materially altering the budgetary
impacts of entitlement grants, user fees, or loan programs or the
rights and obligations of recipients thereof; or (4) raising novel
legal or policy issues arising out of legal mandates, the President's
priorities, or the principles set forth in the Executive Order. The
Department has determined that this action is not economically
significant within the meaning of section 3(f)(1) of the Executive
Order. However, the Office of Management and Budget (OMB) has
determined that the action is significant within the meaning of section
3(f)(4) of the Executive Order, and the Department accordingly provides
the following assessment of its potential costs and benefits.
These proposed amendments to PTE 2006-06 are being published
concurrently with the issuance of an interim final rule that amends
regulations pertaining to distributions from terminated plans to take
advantage of recent changes to the Code. As explained earlier in the
preamble, when finalized, the proposed amendments will make explicit
the availability to a QTA of conditional exemptive relief to designate
itself or an affiliate as the provider of an inherited individual
retirement plan for a nonspouse beneficiary who has not returned a
distribution election. Allowing QTAs to use their own or affiliated
investment products to receive the distributions on behalf of nonspouse
beneficiaries who have failed to make investment decisions facilitates
the orderly termination and winding-up of a plan's affairs. Further,
QTAs are not required to make use of proprietary or affiliated
inherited individual retirement plans for the benefit of nonspouse
beneficiaries. The Department continues to believe that the fee
limitations, which are a condition of the exemption and applicable to
distributions on behalf of nonspouse beneficiaries as well as other
distributions, will encourage QTAs to make appropriate decisions
regarding whether to use proprietary or affiliated products based on
whether doing so will be in the best interests of participants and
beneficiaries.
[[Page 7463]]
In the Department's view, the proposed amendments would assist in
effectuating the purposes underlying the regulations to which the
exemption relates. Accordingly, the Department has taken these
amendments into account in its assessment of the economic benefits and
costs of the interim final rule amending the regulations pertaining to
distributions from terminated plans, which is included in the preamble
to the interim final rule published elsewhere in this issue of the
Federal Register.
Paperwork Reduction Act
The information collections included in PTE 2006-06 are currently
approved, together with information collections included in the safe
harbor and termination of abandoned plans regulations, by the Office of
Management and Budget (OMB) under OMB control number 1210-0127. This
approval is currently scheduled to expire on April 30, 2008. The
specific burden for the exemption includes a recordkeeping requirement
for a QTA that terminates an abandoned plan and chooses to distribute
the account balances of nonresponsive participants and beneficiaries
into proprietary or affiliated individual retirement plans. These
proposed amendments do not make any changes to the information
collections of the exemption. Accordingly, the Department has not made
a submission for OMB approval in connection with the proposed
amendments.
Background
PTE 2006-06 is comprised of five sections. Section I describes the
transactions that are covered by the exemption. Section II contains
conditions for the provision of termination services and the receipt of
fees. Section III contains the conditions for distributions. Section IV
contains the general recordkeeping provisions imposed on the QTA, and
section V contains definitions.
Section I(b) of the exemption provides relief from the restrictions
of sections 406(a)(1)(A) through (D), 406(b)(1) and 406(b)(2) of the
Act and the taxes imposed by section 4975(a) and (b) of the Code, by
reason of section 4975(c)(1)(A) through (E) of the Code, for a QTA to
use its authority in connection with the termination of an abandoned
individual account plan to designate itself or an affiliate as provider
of an individual retirement plan or other account to receive the
account balance of a participant or beneficiary that does not provide
direction as to the disposition of such assets.
Under PTE 2006-06, the other accounts currently permitted by the
exemption include an account, other than an individual retirement
account, as described in paragraph (d)(1)(ii) of the Safe Harbor
Regulation, for a distribution made to a distributee other than a
participant or spouse, and, for distributions of $1,000 or less, an
interest-bearing, federally insured bank or savings association
account, as described in section (d)(1)(iii) of the Safe Harbor
Regulation. This provision of PTE 2006-06 is the subject of the
proposed amendment contained in this notice.
Section I(b) of the class exemption further permits the QTA to make
the initial investment of the distributed proceeds in a proprietary
investment product, receive fees in connection with the establishment
or maintenance of the individual retirement plan or other account, and
receive investment fees as a result of the investment of the individual
retirement plan or other account's assets in a proprietary investment
product in which the QTA or an affiliate has an interest.
Discussion of the Proposed Amendment
Section 829 of the Pension Protection Act amended section 402(c) of
the Code to permit the direct rollover of a deceased participant's
benefit from an eligible retirement plan to an individual retirement
plan established on behalf of a designated nonspouse beneficiary.\3\
These rollover distributions would not trigger immediate tax
consequences and mandatory tax withholding for the nonspouse
beneficiary.
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\3\ Section 829 of the Pension Protection Act requires that the
individual retirement plan established on behalf of a nonspouse
beneficiary must be treated as an inherited individual retirement
plan within the meaning of Code Sec. 408(d)(3)(C) and must be
subject to the applicable mandatory distribution requirement of Code
Sec. 401(a)(9)(B).
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In light of the Pension Protection Act's favorable changes to the
Code allowing a rollover distribution on behalf of a nonspouse
beneficiary into an inherited individual retirement plan with the
resulting deferral of income tax consequences, the Department is
amending the class exemption to require that a deceased participant's
benefit be directly rolled over to an inherited individual retirement
plan established to receive the distribution on behalf of a missing,
designated nonspouse beneficiary.
General Information
The attention of interested persons is directed to the following:
(1) The fact that a transaction is the subject of an exemption
under section 408(a) of ERISA and section 4975(c)(2) of the Code does
not relieve a fiduciary, or other party in interest or disqualified
person with respect to a plan, from certain other provisions of ERISA
and the Code, including any prohibited transaction provisions to which
the exemption does not apply and the general fiduciary responsibility
provisions of section 404 of ERISA which require, among other things,
that a fiduciary act prudently and discharge his or her duties
respecting the plan solely in the interests of the participants and
beneficiaries of the plan. Additionally, the fact that a transaction is
the subject of an exemption does not affect the requirement of section
401(a) of the Code that the plan must operate for the exclusive benefit
of the employees of the employer maintaining the plan and their
beneficiaries;
(2) This exemption does not extend to transactions prohibited under
section 406(b)(3) of the Act or section 4975(c)(1)(F) of the Code;
(3) Before an exemption may be granted under section 408(a) of
ERISA and section 4975(c)(2) of the Code, the Department must find that
the exemption is administratively feasible, in the interests of the
plan and of its participants and beneficiaries, and protective of the
rights of participants and beneficiaries of the plan;
(4) If granted, the proposed amendment is applicable to a
particular transaction only if the transaction satisfies the conditions
specified in the exemption; and
(5) The proposed amendment, if granted, will be supplemental to,
and not in derogation of, any other provisions of ERISA and the Code,
including statutory or administrative exemptions and transitional
rules. Furthermore, the fact that a transaction is subject to an
administrative or statutory exemption is not dispositive of whether the
transaction is in fact a prohibited transaction.
Written Comments and Hearing Request
The Department invites all interested persons to submit written
comments or requests for a public hearing on the proposed amendment to
the address and within the time period set forth above. Commenters can
also submit responses electronically by e-mail to e-OED@dol.gov. All
comments received will be made a part of the record. Comments and
requests for a hearing should state the reasons for the writer's
interest in the proposed exemption. Comments received will be available
for
[[Page 7464]]
public inspection at the above address and on the www.regulations.gov
web portal.
Proposed Amendment
Under section 408(a) of the Act and section 4975(c)(2) of the Code
and in accordance with the procedures set forth in 29 CFR 2570, Subpart
B (55 FR 32836, 32847, August 10, 1990), the Department proposes to
amend PTE 2006-06 as set forth below:
Exemption * * *
I. Covered Transactions * * *
(b) * * *
(1) Designate itself or an affiliate as: (i) Provider of an
individual retirement plan; (ii) provider, in the case of a
distribution on behalf of a designated beneficiary (as defined by
section 401(a)(9)(E) of the Code) who is not the surviving spouse of
the deceased participant, of an inherited individual retirement plan
(within the meaning of section 402(c)(11) of the Code) established to
receive the distribution on behalf of the nonspouse beneficiary under
the circumstances described in section (d)(1)(ii) of the Safe Harbor
Regulation for Terminated Plans (29 CFR section 2550.404a-3) (Safe
Harbor Regulation); or (iii) provider of an interest bearing, federally
insured bank or savings association account maintained in the name of
the participant or beneficiary, in the case of a distribution described
in section (d)(1)(iii) of the Safe Harbor Regulation, for the
distribution of the account balance of the participant or beneficiary
of the abandoned individual account plan who does not provide direction
as to the disposition of such assets;
V. Definitions * * *
(b) The term ``individual retirement plan'' means an individual
retirement plan described in section 7701(a)(37) of the Code. For
purposes of section III of this exemption, the term ``individual
retirement plan'' shall also include an inherited individual retirement
plan (within the meaning of section 402(c)(11) of the Code) established
to receive a distribution on behalf of a nonspouse beneficiary.
Notwithstanding the foregoing, the term individual retirement plan
shall not include an individual retirement plan which is an employee
benefit plan covered by Title I of ERISA.
Signed at Washington, DC, this 5th day of February 2007.
Ivan L. Strasfeld,
Director, Office of Exemption Determinations.
[FR Doc. E7-2606 Filed 2-14-07; 8:45 am]
BILLING CODE 4150-29-P
