Additional Rules Regarding Hybrid Retirement Plans; Correction, 81543-81544 [2010-32538]

Download as PDF emcdonald on DSK2BSOYB1PROD with PROPOSALS Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Proposed Rules submitted GRAS notice. However, by 90 days after the effective date of the final rule,6 we would inform any affected petitioner who had not submitted a certification that the converted petition was inadequate as a notice. A few comments stated that the 1997 proposed rule did not discuss the fate of a pending petition if the petitioner elected not to submit a conversion amendment. These comments did not understand the implications of the proposed provisions which, in essence, would consider that the affected petitioner had not provided a basis for a conclusion of GRAS status. Many comments objected to the proposed provisions regarding pending petitions. In general, these comments expressed the opinion that our proposal was fundamentally unfair to an affected petitioner because an affected petitioner had invested considerable time and resources in the petition process. Some comments suggested that we ‘‘grandfather’’ a pending petition (i.e., complete the rulemaking that began under the petition process), as a matter of course, in those circumstances where we had completed our scientific review and had no outstanding scientific questions. Other comments suggested that such a ‘‘grandfather’’ provision be an option available to an affected petitioner rather than a matter of course. One comment recommended that the final rule provide a petitioner with a period of 180, rather than 90, days to submit the dated and signed document providing information in proposed § 170.36(c)(1). This comment argued that many of these petitions had been pending for years, that the subjects of the petitions had been marketed during those years, and that there would therefore be no urgency in closing the applicable files. In light of the view of the comments that our proposed disposition of pending petitions was unfair, in this document we are seeking comments regarding pending petitions. Specifically, we seek comment on how to reduce the impact on affected petitioners while retaining the principle that we will not devote resources to pending petitions. We seek comment on whether an outcome of ‘‘withdrawal without prejudice’’ instead of ‘‘insufficient basis’’ would be more appropriate when an affected petitioner simply chooses not to have the pending petition considered under the GRAS 6 Proposed § 170.36(g)(3)(iii) stated that we would inform a petitioner who did not submit a conversion amendment that the notice was inadequate within 90 days of publication of the final rule, rather than within 90 days of the effective date of the final rule. This was an error. VerDate Mar<15>2010 17:55 Dec 27, 2010 Jkt 223001 notification procedure. We are seeking comment on whether an affected petitioner could request that we incorporate by reference a withdrawn GRAS affirmation petition into a GRAS notice, and if so, if any requirements of the GRAS notification procedure should be waived. We also note that, as discussed in the experience document (Ref. 1), during the interim period we processed a pending petition as a food additive petition and issued a food additive regulation for the petitioned substance (21 CFR 172.780; 70 FR 8032, February 17, 2005). We note that CVM has no pending GRAS petitions and thus, this discussion is not applicable to GRAS affirmation petitions for food for animals. III. Costs and Benefits FDA requests comments on how the issues discussed in this document could affect the costs and benefits estimated in the 1997 proposed rule, e.g., whether these issues would result in costs or benefits that would be either greater than, or less than, those estimated in the 1997 proposed rule (62 FR 18938 at 18958). IV. Paperwork Reduction Act of 1995 The 1997 proposed rule contains information collection provisions that are subject to review by the Office of Management and Budget under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). Interested persons are requested to send comments regarding information collection to FDA (see DATES and ADDRESSES). V. Comments Interested persons may submit to the Division of Dockets Management (see ADDRESSES) either electronic or written comments regarding this document. It is only necessary to send one set of comments. It is no longer necessary to send two copies of mailed comments. Identify comments with the docket number found in brackets in the heading of this document. Received comments may be seen in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday. VI. References We have placed the following references on display in the Division of Dockets Management (see ADDRESSES). You may see them between 9 a.m. and 4 p.m., Monday through Friday. (FDA has verified the Web site addresses, but FDA is not responsible for any subsequent changes to Web sites after this document publishes in the Federal Register.) PO 00000 Frm 00036 Fmt 4702 Sfmt 4702 81543 1. Experience With GRAS Notices Under the 1997 Proposed Rule, Memorandum Dated November 4, 2010, from Linda S. Kahl of FDA to Docket No. FDA–1997–N–0020. 2. United States Government Accountability Office, Report to Congressional Requestors on Food Safety: FDA Should Strengthen Its Oversight of Food Ingredients Determined To Be Generally Recognized as Safe (GRAS), Report No. GAO–10– 246, February 2010, Accessible at http:// www.gao.gov/new.items/d10246.pdf, Accessed and printed on May 3, 2010. 3. Memorandum for the Heads of Executive Departments and Agencies, Dated June 1, 1998, Signed by President William J. Clinton, Accessible at http:// www.plainlanguage.gov/whatisPL/gov mandates/memo.cfm, Accessed and printed on July 14, 2008. 4. FDA Form No. 3480, Notification for New Use of a Food Contact Substance, Accessible at http:// www.fda.gov/downloads/AboutFDA/ ReportsManualsForms/Forms/ ucm076880.pdf, Accessed and printed on October 13, 2010. 5. FDA, 2007, Nanotechnology Task Force Report 2007, Accessible at http:// www.fda.gov/ScienceResearch/Special Topics/Nanotechnology/ NanotechnologyTaskForceReport2007/ default.htm, Accessed and printed on October 13, 2010. 6. Guidance for Industry: Frequently Asked Questions About GRAS, Accessible at http://www.fda.gov/Food/ GuidanceComplianceRegulatory Information/GuidanceDocuments/Food IngredientsandPackaging/ ucm061846.htm, Accessed and printed on October 13, 2010. Dated: December 17, 2010. Leslie Kux, Acting Assistant Commissioner for Policy. [FR Doc. 2010–32344 Filed 12–27–10; 8:45 am] BILLING CODE 4160–01–P DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [REG–132554–08] RIN 1545–BI16 Additional Rules Regarding Hybrid Retirement Plans; Correction Internal Revenue Service (IRS), Treasury. ACTION: Correction to a notice of proposed rulemaking. AGENCY: E:\FR\FM\28DEP1.SGM 28DEP1 81544 Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Proposed Rules This document contains a correction to a notice of proposed rulemaking (REG–132554–08) that was published in the Federal Register on Tuesday, October 19, 2010 (75 FR 64197) providing guidance relating to certain provisions of the Internal Revenue Code that apply to hybrid defined benefit pension plans. SUMMARY: Neil S. Sandhu, Lauson C. Green, or Linda S. F. Marshall at (202) 622–6090 (not a toll-free number). DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 54 DEPARTMENT OF LABOR Employee Benefits Security Administration FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: 29 CFR Part 2590 DEPARTMENT OF HEALTH AND HUMAN SERVICES Background 45 CFR Part 147 The correction notice that is the subject of this document is under section 411 of the Internal Revenue Code. Request for Information Regarding Value-Based Insurance Design in Connection With Preventive Care Benefits Need for Correction AGENCIES: As published, the notice of proposed rulemaking (REG–132554–08) contains an error that may prove to be misleading and is in need of clarification. Correction of Publication Accordingly, the publication of the notice of proposed rulemaking (REG– 132554–08), which was the subject of FR Doc. 2010–25942, is corrected as follows: § 1.411(b)(5)–1 On page 64214, column 3, § 1.411(b)(5)–1(e)(2)(iii)(A), line 19, the language ‘‘change the rate of interest crediting’’ is corrected to read ‘‘change the interest crediting rate’’. Guy R. Traynor, Acting Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel, Procedure and Administration. emcdonald on DSK2BSOYB1PROD with PROPOSALS BILLING CODE 4830–01–P VerDate Mar<15>2010 17:55 Dec 27, 2010 Jkt 223001 This document contains a request for information on how group health plans and health insurance issuers can employ value-based insurance design in the coverage of recommended preventive services. DATES: Comments are due on or before February 28, 2011. ADDRESSES: Written comments may be submitted to any of the addresses specified below. Any comment that is submitted to any Department will be shared with the other Departments. Please do not submit duplicates. All comments will be made available to the public. Warning: Do not include any personally identifiable information (such as name, address, or other contact information) or confidential business information that you do not want publicly disclosed. All comments may be posted on the Internet and can be retrieved by most Internet search engines. Comments may be submitted anonymously. Department of Labor. Comments to the Department of Labor, identified by VBID, by one of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. • E-mail: E–OHPSCA– VBID.EBSA@dol.gov. • Mail or Hand Delivery: Office of Health Plan Standards and Compliance Assistance, Employee Benefits Security Administration, Room N–5653, U.S. SUMMARY: [Corrected] [FR Doc. 2010–32538 Filed 12–27–10; 8:45 am] Internal Revenue Service, Department of the Treasury; Employee Benefits Security Administration, Department of Labor; Office of Consumer Information and Insurance Oversight, Department of Health and Human Services. ACTION: Request for information. PO 00000 Frm 00037 Fmt 4702 Sfmt 4702 Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210, Attention: VBID. Comments received by the Department of Labor will be posted without change to http:// www.regulations.gov and http:// www.dol.gov/ebsa, and available for public inspection at the Public Disclosure Room, N–1513, Employee Benefits Security Administration, 200 Constitution Avenue, NW., Washington, DC 20210. Department of Health and Human Services. In commenting, please refer to file code HHS–OS–2010–002. Because of staff and resource limitations, we cannot accept comments by facsimile (FAX) transmission. You may submit comments in one of four ways (please choose only one of the ways listed): • Electronically. You may submit electronic comments on this regulation to http://www.regulations.gov. Follow the instructions under the ‘‘More Search Options’’ tab. • By regular mail. You may mail written comments to the following address ONLY: Office of Consumer Information and Insurance Oversight, Department of Health and Human Services, Attention: HHS–OS–2010– 002, Room 445–G, Hubert H. Humphrey Building, 200 Independence Avenue, SW., Washington, DC 20201. Please allow sufficient time for mailed comments to be received before the close of the comment period. • By express or overnight mail. You may send written comments to the following address ONLY: Office of Consumer Information and Insurance Oversight, Department of Health and Human Services, Attention: HHS–OS– 2010–002, Room 445–G, Hubert H. Humphrey Building, 200 Independence Avenue, SW., Washington, DC 20201. • By hand or courier. If you prefer, you may deliver (by hand or courier) your written comments before the close of the comment period to the following address: Office of Consumer Information and Insurance Oversight, Department of Health and Human Services, Attention: HHS–OS–2010–002, Room 445–G, Hubert H. Humphrey Building, 200 Independence Avenue, SW., Washington, DC 20201. (Because access to the interior of the Hubert H. Humphrey Building is not readily available to persons without Federal government identification, commenters are encouraged to leave their comments in the OCIIO drop slots located in the main lobby of the building. A stamp-in clock is available for persons wishing to retain a proof of E:\FR\FM\28DEP1.SGM 28DEP1

Agencies

[Federal Register Volume 75, Number 248 (Tuesday, December 28, 2010)]
[Proposed Rules]
[Pages 81543-81544]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32538]


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DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 1

[REG-132554-08]
RIN 1545-BI16


Additional Rules Regarding Hybrid Retirement Plans; Correction

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Correction to a notice of proposed rulemaking.

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[[Page 81544]]

SUMMARY: This document contains a correction to a notice of proposed 
rulemaking (REG-132554-08) that was published in the Federal Register 
on Tuesday, October 19, 2010 (75 FR 64197) providing guidance relating 
to certain provisions of the Internal Revenue Code that apply to hybrid 
defined benefit pension plans.

FOR FURTHER INFORMATION CONTACT: Neil S. Sandhu, Lauson C. Green, or 
Linda S. F. Marshall at (202) 622-6090 (not a toll-free number).

SUPPLEMENTARY INFORMATION:

Background

    The correction notice that is the subject of this document is under 
section 411 of the Internal Revenue Code.

Need for Correction

    As published, the notice of proposed rulemaking (REG-132554-08) 
contains an error that may prove to be misleading and is in need of 
clarification.

Correction of Publication

    Accordingly, the publication of the notice of proposed rulemaking 
(REG-132554-08), which was the subject of FR Doc. 2010-25942, is 
corrected as follows:


Sec.  1.411(b)(5)-1  [Corrected]

    On page 64214, column 3, Sec.  1.411(b)(5)-1(e)(2)(iii)(A), line 
19, the language ``change the rate of interest crediting'' is corrected 
to read ``change the interest crediting rate''.

Guy R. Traynor,
Acting Chief, Publications and Regulations Branch, Legal Processing 
Division, Associate Chief Counsel, Procedure and Administration.
[FR Doc. 2010-32538 Filed 12-27-10; 8:45 am]
BILLING CODE 4830-01-P