Additional Rules Regarding Hybrid Retirement Plans; Correction, 81543-81544 [2010-32538]
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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.
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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.)
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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 https://
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 https://
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 https://
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 https://
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 https://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:
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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
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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: https://
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.
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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 https://
www.regulations.gov and https://
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 https://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
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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.
-----------------------------------------------------------------------
[[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