Rules for Administrative Review of Agency Decisions; Section 4071 Penalty Assessments, 22488-22489 [2012-9095]
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Federal Register / Vol. 77, No. 73 / Monday, April 16, 2012 / Rules and Regulations
27 CFR Part 7
period. Accordingly, a regulatory
flexibility analysis is not required.
Administrative practice and
procedure, Advertising, Customs duties
and inspection, Imports, Labeling, Malt
Beverages, Reporting and recordkeeping
requirements, Trade practices.
B. Executive Order 12866
This rule is not a significant
regulatory action as defined by
Executive Order 12866. Therefore, a
regulatory assessment is not required.
Amendments to the Regulations
C. Paperwork Reduction Act
The collection of information
contained in this final regulation has
been reviewed and approved by the
Office of Management and Budget
(OMB) in accordance with the
requirements of the Paperwork
Reduction Act of 1995 (44 U.S.C.
3507(d)) under control number 1513–
0087.
The collection of information in this
regulation is in 27 CFR 4.32, 5.32, and
7.22, and involves mandatory
disclosures of information on labels.
This information is required to prevent
deception of the consumer and to
provide the consumer with adequate
information as to the identity and
quality of the alcohol beverage product.
The likely respondents are businesses or
other for-profit entities, including
partnerships, associations, and
corporations.
This information constitutes only a
portion of the labeling information on
alcohol beverages required under
authority of the FAA Act and approved
under control number 1513–0087.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a valid control
number assigned by OMB.
VI. Drafting Information
The principal authors of this
document are Lisa M. Gesser and Joanne
C. Brady, Regulations and Rulings
Division, Alcohol and Tobacco Tax and
Trade Bureau.
For the reasons discussed in the
preamble, TTB amends 27 CFR, chapter
I, parts 4, 5, and 7, as set forth below:
■
1. The authority citation for 27 CFR
part 4 continues to read as follows:
§ 7.22
■
Authority: 27 U.S.C. 205, unless otherwise
noted.
2. In § 4.32, add a new paragraph (d)
to read as follows:
■
§ 4.32
Mandatory label information.
*
*
*
*
*
(d) Declaration of cochineal extract or
carmine. There shall be stated on a front
label, back label, strip label, or neck
label a statement that the product
contains the color additive cochineal
extract or the color additive carmine,
prominently and conspicuously, using
the respective common or usual name
(‘‘cochineal extract’’ or ‘‘carmine’’),
where either of the coloring materials is
used in a product that is removed on or
after April 16, 2013. (For example:
‘‘Contains Cochineal Extract’’ or
‘‘Contains Carmine’’ or, if applicable,
‘‘Contains Cochineal Extract and
Carmine’’).
*
*
*
*
*
PART 5—LABELING AND
ADVERTISING OF DISTILLED SPIRITS
3. The authority citation for 27 CFR
part 5 continues to read as follows:
■
Authority: 26 U.S.C. 5301, 7805, 27 U.S.C.
205.
27 CFR Part 4
§ 5.32
emcdonald on DSK29S0YB1PROD with RULES
Administrative practice and
procedure, Advertising, Customs duties
and inspection, Distilled spirits,
Imports, Labeling, Packaging and
containers, Reporting and recordkeeping
requirements, Trade practices.
VerDate Mar<15>2010
14:33 Apr 13, 2012
Jkt 226001
5. The authority citation for 27 CFR
part 7 continues to read as follows:
■
Authority: 27 U.S.C. 205.
4. In § 5.32, add a new paragraph
(b)(6) to read as follows:
27 CFR Part 5
PART 7—LABELING AND
ADVERTISING OF MALT BEVERAGES
PART 4—LABELING AND
ADVERTISING OF WINE
List of Subjects
Administrative practice and
procedure, Advertising, Customs duties
and inspection, Imports, Labeling,
Packaging and containers, Reporting
and recordkeeping requirements, Trade
practices, Wine.
product contains the color additive
cochineal extract or the color additive
carmine may appear on a strip label or
a neck label in lieu of appearing on the
brand label or back label.
*
*
*
*
*
6. In § 7.22, a new paragraph (b)(5) is
added to read as follows:
Mandatory label information.
*
*
*
*
*
(b) * * *
(5) A statement that the product
contains the color additive cochineal
extract or the color additive carmine,
prominently and conspicuously, using
the respective common or usual name
(‘‘cochineal extract’’ or ‘‘carmine’’),
where either of the coloring materials is
used in a product that is removed on or
after April 16, 2013. (For example:
‘‘Contains Cochineal Extract’’ or
‘‘Contains Carmine’’ or, if applicable,
‘‘Contains Cochineal Extract and
Carmine’’). The statement that the
product contains the color additive
cochineal extract or the color additive
carmine may appear on a strip label or
a neck label in lieu of appearing on the
brand label or back label.
*
*
*
*
*
Signed: March 12, 2012.
John J. Manfreda,
Administrator.
Approved: March 12, 2012.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and
Tariff Policy).
[FR Doc. 2012–9101 Filed 4–13–12; 8:45 am]
BILLING CODE 4810–31–P
■
Mandatory label information.
*
*
*
*
*
(b) * * *
(6) A statement that the product
contains the color additive cochineal
extract or the color additive carmine,
prominently and conspicuously, using
the respective common or usual name
(‘‘cochineal extract’’ or ‘‘carmine’’),
where either of the coloring materials is
used in a product that is removed on or
after April 16, 2013. (For example:
‘‘Contains Cochineal Extract’’ or
‘‘Contains Carmine’’ or, if applicable,
‘‘Contains Cochineal Extract and
Carmine’’). The statement that the
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
PENSION BENEFIT GUARANTY
CORPORATION
29 CFR Part 4003
RIN 1212–AB04
Rules for Administrative Review of
Agency Decisions; Section 4071
Penalty Assessments
Pension Benefit Guaranty
Corporation.
ACTION: Final rule.
AGENCY:
This final rule amends the
Pension Benefit Guaranty Corporation’s
administrative review regulation to
make it applicable to assessments of
SUMMARY:
E:\FR\FM\16APR1.SGM
16APR1
emcdonald on DSK29S0YB1PROD with RULES
Federal Register / Vol. 77, No. 73 / Monday, April 16, 2012 / Rules and Regulations
penalties for failure to timely provide
certain notices or other material
information. Under the rule, such
assessments will be subject to
reconsideration in accordance with the
provisions of the regulation.
DATES: Effective May 16, 2012 and
applicable to determinations made on or
after that date.
FOR FURTHER INFORMATION CONTACT:
Catherine B. Klion (klion.catherine@
pbgc.gov), Manager, or Deborah C.
Murphy (murphy.deborah@pbgc.gov),
Attorney, Regulatory and Policy
Division, Legislative and Regulatory
Department, Pension Benefit Guaranty
Corporation, 1200 K Street NW.,
Washington, DC 20005–4026; 202–326–
4024. (TTY/TDD users may call the
Federal relay service toll free at 1–800–
877–8339 and ask to be connected to
202–326–4024.)
SUPPLEMENTARY INFORMATION: The
Pension Benefit Guaranty Corporation
(PBGC) administers the pension plan
termination insurance program under
title IV of the Employee Retirement
Income Security Act of 1974 (ERISA).
PBGC’s regulation on Rules for
Administrative Review of Agency
Decisions (29 CFR Part 4003) provides
rules governing the issuance of initial
determinations by PBGC involving the
matters set forth in the regulation and
procedures for requesting and obtaining
PBGC review of those determinations,
either by appeal (a more formal
proceeding) or by request for
reconsideration (a less formal process),
depending on the type of matter. A
person that fails to exhaust
administrative remedies under the
regulation with respect to a
determination may not be able to raise
in court some legal defenses against
enforcement of the determination that
might otherwise have been available.
Section 4071 of ERISA authorizes
PBGC to assess a penalty for failure to
timely provide any notice or other
material information required under
ERISA sections 4001–4071 or 303(k)(4)
or regulations thereunder. PBGC
published policy guidance on its
assessment and review of section 4071
penalties on March 3, 1992 (at 57 FR
7605), and July 18, 1995 (at 60 FR
36837).1 On January 12, 2001 (at 66 FR
2857), PBGC published a proposed rule
on Assessment of and Relief from
Penalties under both ERISA section
4007 (dealing with payment of
premiums) and ERISA section 4071.2
1 The 1995 policy statement generally replaced
the 1992 statement.
2 Although it was published as a proposal with an
invitation for public comment, the 2001 penalty
policy proposed rule was (as its preamble stated)
VerDate Mar<15>2010
14:33 Apr 13, 2012
Jkt 226001
Among the proposed actions was
amendment of the administrative review
regulation to make determinations with
respect to penalties under section 4071
subject to that regulation, in the class of
matters reviewable by reconsideration.3
No comments were received on the
proposal.4
This final rule amends the
administrative review regulation
consistent with the 2001 proposal. This
change will promote uniformity in
PBGC’s procedures for making and
reviewing determinations. The
provisions of the administrative review
regulation will supersede any
inconsistent provisions of the 1992 and
1995 penalty policy statements; in other
respects, those policy statements will be
unaffected.
Applicability
The amendment made by this rule
applies to determinations under section
4071 made on or after May 16, 2012.
Compliance With Rulemaking
Guidelines
PBGC has determined that this action
is not a ‘‘significant regulatory action’’
under the criteria set forth in Executive
Order 12866.
This rule is not subject to notice and
comment rulemaking requirements
under section 553 of the Administrative
Procedure Act because it deals only
with PBGC procedural rules. Because no
general notice of proposed rulemaking
is required, the Regulatory Flexibility
Act does not apply. See 5 U.S.C. 601(2),
603, 604.
This action is associated with
retrospective review and analysis in
PBGC’s Plan for Regulatory Review 5
issued in accordance with Executive
Order 13563 on ‘‘Improving Regulation
and Regulatory Review.’’
not subject to notice and comment rulemaking
requirements under section 553 of the
Administrative Procedure Act because it dealt only
with general statements of PBGC policy and with
PBGC procedural rules. On November 17, 2006 (at
71 FR 66867), PBGC published a final rule adding
a penalty policy appendix, drawn from the 2001
proposed rule, to its regulation on Payment of
Premiums.
3 Premium penalties under ERISA section 4007
are already covered by the administrative review
regulation. Premium penalty determinations are in
the class of matters for which reconsideration is
provided.
4 On May 7, 2004 (at 69 FR 25797), PBGC
proposed a new penalty policy for failures to issue
Participant Notices as required under ERISA section
4011 and PBGC’s regulation on Disclosure to
Participants (29 CFR part 4011), the provisions of
which are inapplicable to plan years starting after
2006. Comments received on that proposal were
relevant to some aspects of the 2001 proposal, but
not to the administrative review provisions.
5 See www.pbgc.gov/documents/plan-forregulatory-review.pdf.
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22489
List of Subjects in 29 CFR Part 4003
Administrative practice and
procedure, Organization and functions
(Government agencies), Pension
insurance, Pensions.
For the reasons given above, PBGC is
amending 29 CFR part 4003 as follows.
PART 4003—RULES FOR
ADMINISTRATIVE REVIEW OF
AGENCY DECISIONS
1. The authority citation for part 4003
continues to read as follows:
■
Authority: 29 U.S.C. 1302(b)(3).
2. In § 4003.1, paragraph (a) is
amended by removing the words ‘‘(b)(1)
through (b)(4)’’ and adding in their
place the words ‘‘(b)(1) through (b)(5)’’
and by removing the words ‘‘(b)(5)
through (b)(10)’’ and adding in their
place the words ‘‘(b)(6) through (b)(11)’’;
paragraphs (b)(5) through (b)(10) are
redesignated as paragraphs (b)(6)
through (b)(11); and a new paragraph
(b)(5) is added to read as follows:
■
§ 4003.1
Purpose and scope.
*
*
*
*
*
(b) Scope. * * *
(5) Determinations with respect to
penalties under section 4071 of ERISA;
*
*
*
*
*
Issued in Washington, DC, this 6th day of
April 2012.
Joshua Gotbaum,
Director, Pension Benefit Guaranty
Corporation.
[FR Doc. 2012–9095 Filed 4–13–12; 8:45 am]
BILLING CODE 7709–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 110
[Docket No. USCG–2010–0929]
RIN 1625–AA01
Special Anchorage Regulations,
Newport Bay Harbor, CA
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is expanding
the boundaries of the special anchorage
areas in Newport Bay Harbor, California,
to encompass and replace temporary
anchorage grounds C–1 and C–2, and
anchorage ground C–3. This rule
realigns anchorage boundaries to reflect
the way the harbor currently is used.
DATES: This rule is effective May 16,
2012.
SUMMARY:
E:\FR\FM\16APR1.SGM
16APR1
]]>Agencies
[Federal Register Volume 77, Number 73 (Monday, April 16, 2012)]
[Rules and Regulations]
[Pages 22488-22489]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9095]
=======================================================================
-----------------------------------------------------------------------
PENSION BENEFIT GUARANTY CORPORATION
29 CFR Part 4003
RIN 1212-AB04
Rules for Administrative Review of Agency Decisions; Section 4071
Penalty Assessments
AGENCY: Pension Benefit Guaranty Corporation.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule amends the Pension Benefit Guaranty
Corporation's administrative review regulation to make it applicable to
assessments of
[[Page 22489]]
penalties for failure to timely provide certain notices or other
material information. Under the rule, such assessments will be subject
to reconsideration in accordance with the provisions of the regulation.
DATES: Effective May 16, 2012 and applicable to determinations made on
or after that date.
FOR FURTHER INFORMATION CONTACT: Catherine B. Klion
(klion.catherine@pbgc.gov), Manager, or Deborah C. Murphy
(murphy.deborah@pbgc.gov), Attorney, Regulatory and Policy Division,
Legislative and Regulatory Department, Pension Benefit Guaranty
Corporation, 1200 K Street NW., Washington, DC 20005-4026; 202-326-
4024. (TTY/TDD users may call the Federal relay service toll free at 1-
800-877-8339 and ask to be connected to 202-326-4024.)
SUPPLEMENTARY INFORMATION: The Pension Benefit Guaranty Corporation
(PBGC) administers the pension plan termination insurance program under
title IV of the Employee Retirement Income Security Act of 1974
(ERISA). PBGC's regulation on Rules for Administrative Review of Agency
Decisions (29 CFR Part 4003) provides rules governing the issuance of
initial determinations by PBGC involving the matters set forth in the
regulation and procedures for requesting and obtaining PBGC review of
those determinations, either by appeal (a more formal proceeding) or by
request for reconsideration (a less formal process), depending on the
type of matter. A person that fails to exhaust administrative remedies
under the regulation with respect to a determination may not be able to
raise in court some legal defenses against enforcement of the
determination that might otherwise have been available.
Section 4071 of ERISA authorizes PBGC to assess a penalty for
failure to timely provide any notice or other material information
required under ERISA sections 4001-4071 or 303(k)(4) or regulations
thereunder. PBGC published policy guidance on its assessment and review
of section 4071 penalties on March 3, 1992 (at 57 FR 7605), and July
18, 1995 (at 60 FR 36837).\1\ On January 12, 2001 (at 66 FR 2857), PBGC
published a proposed rule on Assessment of and Relief from Penalties
under both ERISA section 4007 (dealing with payment of premiums) and
ERISA section 4071.\2\ Among the proposed actions was amendment of the
administrative review regulation to make determinations with respect to
penalties under section 4071 subject to that regulation, in the class
of matters reviewable by reconsideration.\3\ No comments were received
on the proposal.\4\
---------------------------------------------------------------------------
\1\ The 1995 policy statement generally replaced the 1992
statement.
\2\ Although it was published as a proposal with an invitation
for public comment, the 2001 penalty policy proposed rule was (as
its preamble stated) not subject to notice and comment rulemaking
requirements under section 553 of the Administrative Procedure Act
because it dealt only with general statements of PBGC policy and
with PBGC procedural rules. On November 17, 2006 (at 71 FR 66867),
PBGC published a final rule adding a penalty policy appendix, drawn
from the 2001 proposed rule, to its regulation on Payment of
Premiums.
\3\ Premium penalties under ERISA section 4007 are already
covered by the administrative review regulation. Premium penalty
determinations are in the class of matters for which reconsideration
is provided.
\4\ On May 7, 2004 (at 69 FR 25797), PBGC proposed a new penalty
policy for failures to issue Participant Notices as required under
ERISA section 4011 and PBGC's regulation on Disclosure to
Participants (29 CFR part 4011), the provisions of which are
inapplicable to plan years starting after 2006. Comments received on
that proposal were relevant to some aspects of the 2001 proposal,
but not to the administrative review provisions.
---------------------------------------------------------------------------
This final rule amends the administrative review regulation
consistent with the 2001 proposal. This change will promote uniformity
in PBGC's procedures for making and reviewing determinations. The
provisions of the administrative review regulation will supersede any
inconsistent provisions of the 1992 and 1995 penalty policy statements;
in other respects, those policy statements will be unaffected.
Applicability
The amendment made by this rule applies to determinations under
section 4071 made on or after May 16, 2012.
Compliance With Rulemaking Guidelines
PBGC has determined that this action is not a ``significant
regulatory action'' under the criteria set forth in Executive Order
12866.
This rule is not subject to notice and comment rulemaking
requirements under section 553 of the Administrative Procedure Act
because it deals only with PBGC procedural rules. Because no general
notice of proposed rulemaking is required, the Regulatory Flexibility
Act does not apply. See 5 U.S.C. 601(2), 603, 604.
This action is associated with retrospective review and analysis in
PBGC's Plan for Regulatory Review \5\ issued in accordance with
Executive Order 13563 on ``Improving Regulation and Regulatory
Review.''
---------------------------------------------------------------------------
\5\ See www.pbgc.gov/documents/plan-for-regulatory-review.pdf.
---------------------------------------------------------------------------
List of Subjects in 29 CFR Part 4003
Administrative practice and procedure, Organization and functions
(Government agencies), Pension insurance, Pensions.
For the reasons given above, PBGC is amending 29 CFR part 4003 as
follows.
PART 4003--RULES FOR ADMINISTRATIVE REVIEW OF AGENCY DECISIONS
0
1. The authority citation for part 4003 continues to read as follows:
Authority: 29 U.S.C. 1302(b)(3).
0
2. In Sec. 4003.1, paragraph (a) is amended by removing the words
``(b)(1) through (b)(4)'' and adding in their place the words ``(b)(1)
through (b)(5)'' and by removing the words ``(b)(5) through (b)(10)''
and adding in their place the words ``(b)(6) through (b)(11)'';
paragraphs (b)(5) through (b)(10) are redesignated as paragraphs (b)(6)
through (b)(11); and a new paragraph (b)(5) is added to read as
follows:
Sec. 4003.1 Purpose and scope.
* * * * *
(b) Scope. * * *
(5) Determinations with respect to penalties under section 4071 of
ERISA;
* * * * *
Issued in Washington, DC, this 6th day of April 2012.
Joshua Gotbaum,
Director, Pension Benefit Guaranty Corporation.
[FR Doc. 2012-9095 Filed 4-13-12; 8:45 am]
BILLING CODE 7709-01-P
