Amendments to Civil Penalties Under ERISA Section 502(c)(7), 44991 [E7-15568]

Download as PDF Federal Register / Vol. 72, No. 154 / Friday, August 10, 2007 / Proposed Rules yshivers on PROD1PC62 with PROPOSALS stakeholders, the Department will discuss each item listed in the Framework Document as an issue for comment. The Department will also make a brief presentation on the rulemaking process for these products. The Department encourages those who wish to participate in the public meeting to obtain the Framework Document and be prepared to discuss its contents. However, public meeting participants need not limit their discussions to the topics in the Framework Document. A copy of the draft Framework Document is available at: https://www.eere.energy.gov/ buildings/appliance_standards/. The Department is also interested in receiving views concerning other relevant issues that participants believe would affect energy conservation standards for these products. The Department also welcomes all interested parties, whether or not they participate in the public meeting, to submit in writing by Friday, September 28, 2007, comments and information on the matters addressed in the Framework Document and on other matters relevant to consideration of standards for these small electric motors. The public meeting will be conducted in an informal, facilitated, conference style. There shall be no discussion of proprietary information, costs or prices, market shares, or other commercial matters regulated by the U.S. antitrust laws. A court reporter will be present to prepare a transcript of the meeting. After the public meeting and the expiration of the period for submission of written statements, the Department will begin conducting the analyses as discussed at the public meeting and reviewing the comments received. Anyone who would like to participate in the public meeting, receive meeting materials, or be added to the DOE mailing list to receive future notices and information regarding small electric motors, should contact Ms. Brenda Edwards-Jones at (202) 586–2945. Issued in Washington, DC, on August 3, 2007. Alexander A. Karsner, Assistant Secretary, Energy Efficiency and Renewable Energy. [FR Doc. E7–15692 Filed 8–9–07; 8:45 am] BILLING CODE 6450–01–P VerDate Aug<31>2005 13:40 Aug 09, 2007 Jkt 211001 DEPARTMENT OF LABOR Employee Benefits Security Administration 29 CFR Part 2560 RIN 1210–AB23 Amendments to Civil Penalties Under ERISA Section 502(c)(7) Employee Benefits Security Administration, Labor. ACTION: Proposed rule. AGENCY: SUMMARY: This proposed rule is a companion to the Department of Labor/ Employee Benefits Security Administration’s (Department) direct final rule (published today in the ‘‘Rules and Regulations’’ section of the Federal Register) amending the Department’s civil penalty regulation under section 502(c)(7) of the Employee Retirement Income Security Act of 1974 (ERISA or the Act) to reflect recent amendments to section 502(c)(7) by the Pension Protection Act of 2006. These amendments authorize the Secretary of Labor to assess civil penalties not to exceed $100 per day for each violation of section 101(m) of ERISA. Section 101(m) of ERISA requires plan administrators of individual account plans to notify participants and beneficiaries of their right to sell the company stock in their accounts and reinvest the proceeds into other investments available under the plan. The Department is publishing these amendments as a direct final rule without prior proposal because the Department views them as highly technical and anticipates no significant adverse comment. The Department has explained its reasons in the preamble to the direct final rule. If the Department receives no significant adverse comment during the comment period, no further action on this proposed rule will be taken. However, if the Department receives significant adverse comment, the Department will withdraw the direct final rule and it will not take effect. In that case, the Department will address all public comments in a subsequent final rule based on this proposed rule. The Department will not institute a second comment period on this rule. Any parties interested in commenting must do so during this comment period. DATES: Comments must be received on or before September 10, 2007. ADDRESSES: To facilitate the receipt and processing of comments, the Department encourages interested persons to submit their comments electronically by e-mail to e- PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 44991 ORI@dol.gov, or by using the Federal eRulemaking portal at www.regulations.gov (follow instructions for submission of comments). Persons submitting comments electronically are encouraged not to submit paper copies. Persons interested in submitting comments on paper should send or deliver their comments (at least three copies) to the Office of Regulations and Interpretations, Employee Benefits Security Administration, Room N–5669, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210, Attn: 502(c)(7) Civil Penalty. Comments received will be posted without change, including any personal information provided, to www.regulations.gov and https:// www.dol.gov/ebsa, and also available for public inspection at the Public Disclosure Room, Employee Benefits Security Administration, Room N–1513, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC. FOR FURTHER INFORMATION CONTACT: Stephanie L. Ward, Office of Regulations and Interpretations, Employee Benefits Security Administration, (202) 693–8500. This is not a toll-free number. As noted above, in the ‘‘Rules and Regulations’’ section of today’s Federal Register, the direct final rule being published makes technical changes to the Department’s existing civil penalty regulation at 29 CFR 2560.502c–7 for violations of section 101(i) of ERISA, relating to blackout notices, in order to conform the regulation to section 502(c)(7) of ERISA, as amended by the Pension Protection Act of 2006, Public Law 109– 280, 120 Stat. 780, for violations of section 101(m) of ERISA, relating to diversification rights. The provisions proposed here are those contained in the direct final rule. Please refer to the preamble and regulatory text of the direct final rule for further information and the actual text of the revisions. Additionally, all information regarding Statutory and Executive Orders for this proposed rule can be found in the Supplementary Information section of the direct final rule. SUPPLEMENTARY INFORMATION: Signed at Washington, DC, this 3rd day of August, 2007. Bradford P. Campbell, Acting Assistant Secretary, Employee Benefits Security Administration, Department of Labor. [FR Doc. E7–15568 Filed 8–9–07; 8:45 am] BILLING CODE 4510–29–P E:\FR\FM\10AUP1.SGM 10AUP1

Agencies

[Federal Register Volume 72, Number 154 (Friday, August 10, 2007)]
[Proposed Rules]
[Page 44991]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-15568]


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DEPARTMENT OF LABOR

Employee Benefits Security Administration

29 CFR Part 2560

RIN 1210-AB23


Amendments to Civil Penalties Under ERISA Section 502(c)(7)

AGENCY: Employee Benefits Security Administration, Labor.

ACTION: Proposed rule.

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SUMMARY: This proposed rule is a companion to the Department of Labor/
Employee Benefits Security Administration's (Department) direct final 
rule (published today in the ``Rules and Regulations'' section of the 
Federal Register) amending the Department's civil penalty regulation 
under section 502(c)(7) of the Employee Retirement Income Security Act 
of 1974 (ERISA or the Act) to reflect recent amendments to section 
502(c)(7) by the Pension Protection Act of 2006. These amendments 
authorize the Secretary of Labor to assess civil penalties not to 
exceed $100 per day for each violation of section 101(m) of ERISA. 
Section 101(m) of ERISA requires plan administrators of individual 
account plans to notify participants and beneficiaries of their right 
to sell the company stock in their accounts and reinvest the proceeds 
into other investments available under the plan.
    The Department is publishing these amendments as a direct final 
rule without prior proposal because the Department views them as highly 
technical and anticipates no significant adverse comment. The 
Department has explained its reasons in the preamble to the direct 
final rule. If the Department receives no significant adverse comment 
during the comment period, no further action on this proposed rule will 
be taken. However, if the Department receives significant adverse 
comment, the Department will withdraw the direct final rule and it will 
not take effect. In that case, the Department will address all public 
comments in a subsequent final rule based on this proposed rule. The 
Department will not institute a second comment period on this rule. Any 
parties interested in commenting must do so during this comment period.

DATES: Comments must be received on or before September 10, 2007.

ADDRESSES: To facilitate the receipt and processing of comments, the 
Department encourages interested persons to submit their comments 
electronically by e-mail to e-ORI@dol.gov, or by using the Federal 
eRulemaking portal at www.regulations.gov (follow instructions for 
submission of comments). Persons submitting comments electronically are 
encouraged not to submit paper copies. Persons interested in submitting 
comments on paper should send or deliver their comments (at least three 
copies) to the Office of Regulations and Interpretations, Employee 
Benefits Security Administration, Room N-5669, U.S. Department of 
Labor, 200 Constitution Avenue, NW., Washington, DC 20210, Attn: 
502(c)(7) Civil Penalty. Comments received will be posted without 
change, including any personal information provided, to 
www.regulations.gov and https://www.dol.gov/ebsa, and also available for 
public inspection at the Public Disclosure Room, Employee Benefits 
Security Administration, Room N-1513, U.S. Department of Labor, 200 
Constitution Avenue, NW., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Stephanie L. Ward, Office of 
Regulations and Interpretations, Employee Benefits Security 
Administration, (202) 693-8500. This is not a toll-free number.

SUPPLEMENTARY INFORMATION: As noted above, in the ``Rules and 
Regulations'' section of today's Federal Register, the direct final 
rule being published makes technical changes to the Department's 
existing civil penalty regulation at 29 CFR 2560.502c-7 for violations 
of section 101(i) of ERISA, relating to blackout notices, in order to 
conform the regulation to section 502(c)(7) of ERISA, as amended by the 
Pension Protection Act of 2006, Public Law 109-280, 120 Stat. 780, for 
violations of section 101(m) of ERISA, relating to diversification 
rights. The provisions proposed here are those contained in the direct 
final rule. Please refer to the preamble and regulatory text of the 
direct final rule for further information and the actual text of the 
revisions. Additionally, all information regarding Statutory and 
Executive Orders for this proposed rule can be found in the 
Supplementary Information section of the direct final rule.

    Signed at Washington, DC, this 3rd day of August, 2007.
Bradford P. Campbell,
Acting Assistant Secretary, Employee Benefits Security Administration, 
Department of Labor.
[FR Doc. E7-15568 Filed 8-9-07; 8:45 am]
BILLING CODE 4510-29-P
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