Submission of Information Collection for OMB Review; Comment Request; Qualified Domestic Relations Orders Submitted to PBGC, 51582-51583 [2012-20891]

Download as PDF 51582 Federal Register / Vol. 77, No. 165 / Friday, August 24, 2012 / Notices 110.81, should be submitted within thirty (30) days after publication of this notice in the Federal Register to Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Attention: Rulemaking and Adjudications The information concerning this export license application follows. NRC EXPORT LICENSE APPLICATION [Description of material] Name of applicant, date of application, date received, application No., docket No. Material type GrafTech International Inc., June 26, 2012, June 27, 2012, XMAT424, 11006032. Nuclear grade graphite for nuclear end use. For The Nuclear Regulatory Commission. Dated this 20th day of August 2012 in Rockville, Maryland. Mark R. Shaffer, Deputy Director, Office of International Programs. [FR Doc. 2012–20922 Filed 8–23–12; 8:45 am] BILLING CODE 7590–01–P PENSION BENEFIT GUARANTY CORPORATION Submission of Information Collection for OMB Review; Comment Request; Qualified Domestic Relations Orders Submitted to PBGC Pension Benefit Guaranty Corporation. ACTION: Notice of request for extension of OMB approval. AGENCY: Pension Benefit Guaranty Corporation (‘‘PBGC’’) is requesting that the Office of Management and Budget (‘‘OMB’’) extend approval, under the Paperwork Reduction Act, of the collection of information in PBGC’s booklet Qualified Domestic Relations Orders & PBGC (OMB control number 1212–0054; expires August 31, 2012). This notice informs the public of PBGC’s request and solicits public comment on the collection of information. SUMMARY: Comments should be submitted by September 24, 2012. ADDRESSES: Comments should be sent to the Office of Information and Regulatory Affairs, Office of Management and Budget, Attention: Desk Officer for Pension Benefit Guaranty Corporation, via electronic mail at OIRA_DOCKET@omb.eop.gov or by fax to (202) 395–6974. A copy of PBGC’s request may be obtained without charge by writing to the Disclosure Division of the Office of the General Counsel of PBGC at the above address or by visiting that office erowe on DSK2VPTVN1PROD with DATES: VerDate Mar<15>2010 15:22 Aug 23, 2012 Jkt 226001 Total quantity 40,000.0 kilograms of nuclear grade graphite. End use Nuclear grade graphite to the Shanghai Institute of Applied Physics in China to test various types of nuclear grade graphite material in a molten salt type nuclear reactor. or calling (202) 326–4040 during normal business hours. (TTY and TDD users may call the Federal relay service toll free at 1–800–877–8339 and ask to be connected to (202) 326–4040.) The request is also available at www.reginfo.gov. PBGC’s current QDRO booklet is available on PBGC’s Web site at www.pbgc.gov. FOR FURTHER INFORMATION CONTACT: Jo Amato Burns, Attorney, Legislative and Regulatory Department, Pension Benefit Guaranty Corporation, 1200 K Street NW., Washington, DC 20005–4026, 202– 326–4024. (TTY and 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: PBGC is requesting that OMB extend its approval of the guidance and model language and forms contained in the PBGC booklet, Qualified Domestic Relations Orders & PBGC. A defined benefit pension plan that does not have enough money to pay benefits may be terminated if the employer responsible for the plan faces severe financial difficulty, such as bankruptcy, and is unable to maintain the plan. In such an event, PBGC becomes trustee of the plan and pays benefits, subject to legal limits, to plan participants and beneficiaries. The benefits of a pension plan participant generally may not be assigned or alienated. However, Title I of ERISA provides an exception for domestic relations orders that relate to child support, alimony payments, or the marital property rights of an alternate payee (a spouse, former spouse, child, or other dependent of a plan participant). The exception applies only if the domestic relations order meets specific legal requirements that make it a qualified domestic relations order, or ‘‘QDRO.’’ ERISA provides that pension plans are required to comply with only those domestic relations orders which are PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 Recipient country China. QDROs, and that the decision as to whether a domestic relations order is a QDRO is made by the plan administrator. When PBGC is trustee of a plan, it reviews submitted domestic relations orders to determine whether the order is qualified before paying benefits to an alternate payee. The requirements for submitting a QDRO are established by statute. To simplify the process, PBGC has included model QDROs and accompanying guidance in a booklet, Qualified Domestic Relations Orders & PBGC. The models and guidance assist parties by making it easier to comply with ERISA’s QDRO requirements when drafting orders for plans trusteed by PBGC. The booklet does not create any additional requirements. PBGC is making the following changes to the QDRO booklet: • For a participant who is already in pay status, PBGC will not suspend benefits upon receipt of a draft domestic relations order or any pleading intended to add PBGC as a party to a domestic relations action, including a request for joinder. PBGC will suspend benefits only upon receipt of an original signed domestic relations order or a certified or authenticated copy. • For a participant who is not in pay status, but whose application is pending, PBGC will place a hold on putting the participant in pay status’s application for benefits upon receipt of a draft order or any pleading intended to add PBGC as a party to a domestic relations action, including a request for joinder. • If a separate interest order is silent as to what happens if an alternate payee dies before commencing benefits, PBGC will treat the separate interest as reverting to the participant, not being forfeited to PBGC. PBGC is also making other simplifying and clarifying changes to the QDRO booklet. The collection of information has been approved through August 31, 2012, by OMB under control number 1212– 0054. PBGC is requesting that OMB extend approval of the collection of information for three years. An agency E:\FR\FM\24AUN1.SGM 24AUN1 Federal Register / Vol. 77, No. 165 / Friday, August 24, 2012 / Notices may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. PBGC estimates that it will receive 1,361 domestic relations orders annually and that the average annual burden of this collection of information is 4,138 hours and $870,400. Issued in Washington, DC, this 21st day of August 2012. Catherine B. Klion, Manager, Regulatory and Policy Division, Legislative and Regulatory Department. [FR Doc. 2012–20891 Filed 8–23–12; 8:45 am] BILLING CODE 7709–01–P POSTAL REGULATORY COMMISSION [Docket Nos. MC2012–45 and CP2012–53; Order No. 1443] New Postal Product Postal Regulatory Commission. Notice. AGENCY: ACTION: The Commission is noticing a recently-filed Postal Service request to add First-Class Package Service Contract 15 to the competitive product list. This notice addresses procedural steps associated with this filing. DATES: Comments are due: August 28, 2012. ADDRESSES: Submit comments electronically via the Commission’s Filing Online system at http:www.prc.gov. Commenters who cannot submit their views electronically should contact the person identified in the FOR FURTHER INFORMATION CONTACT portion of the preamble for advice on alternatives to electronic filing. FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, at 202–789–6824. SUPPLEMENTARY INFORMATION: SUMMARY: Table of Contents I. Introduction II. Notice of Filings III. Ordering Paragraphs erowe on DSK2VPTVN1PROD with I. Introduction In accordance with 39 U.S.C. 3642 and 39 CFR 3020.30 et seq., the Postal Service filed a formal request and associated supporting information to add First-Class Package Service Contract 15 to the competitive product list.1 The 1 Request of the United States Postal Service to Add First-Class Package Service Contract 15 to Competitive Product List and Notice of Filing (Under Seal) of Unredacted Governors’ Decision, Contract, and Supporting Data, August 17, 2012 (Request). VerDate Mar<15>2010 15:22 Aug 23, 2012 Jkt 226001 Postal Service asserts that First-Class Package Service Contract 15 is a competitive product ‘‘not of general applicability’’ within the meaning of 39 U.S.C. 3632(b)(3). Request at 1. The Request has been assigned Docket No. MC2012–45. The Postal Service contemporaneously filed a redacted contract related to the proposed new product under 39 U.S.C. 3632(b)(3) and 39 CFR 3015.5. Id. Attachment B. The instant contract has been assigned Docket No. CP2012–53. Request. To support its Request, the Postal Service filed six attachments as follows: • Attachment A—a redacted copy of Governors’ Decision No. 11–6, authorizing the new product; • Attachment B—a redacted copy of the contract; • Attachment C—proposed changes to the Mail Classification Schedule competitive product list with the addition underlined; • Attachment D—a Statement of Supporting Justification as required by 39 CFR 3020.32; • Attachment E—a certification of compliance with 39 U.S.C. 3633(a); and • Attachment F—an application for non-public treatment of materials to maintain redacted portions of the contract and related financial information under seal. In the Statement of Supporting Justification, Dennis R. Nicoski, Manager, Field Sales Strategy and Contracts, asserts that the contract will cover its attributable costs, make a positive contribution to covering institutional costs, and increase contribution toward the requisite 5.5 percent of the Postal Service’s total institutional costs. Id. Attachment D at 1. Mr. Nicoski contends that there will be no issue of market dominant products subsidizing competitive products as a result of this contract. Id. Related contract. The Postal Service included a redacted version of the related contract with the Request. Id. Attachment B. The contract is scheduled to become effective on the date that the Commission issues all regulatory approval. Id. at 2. The contract will expire 3 years from the effective date unless, among other things, either party terminates the agreement upon 30 days’ written notice to the other party. Id. The Postal Service represents that the contract is consistent with 39 U.S.C. 3633(a). Id. Attachment D. The Postal Service filed much of the supporting materials, including the related contract, under seal. Id. Attachment F. It maintains that the PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 51583 redacted portions of the contract, customer-identifying information, and related financial information should remain confidential. Id. at 3. This information includes the price structure, underlying costs and assumptions, pricing formulas, information relevant to the customer’s mailing profile, and cost coverage projections. Id. The Postal Service asks the Commission to protect customer-identifying information from public disclosure indefinitely. Id. at 7. II. Notice of Filings The Commission establishes Docket Nos. MC2012–45 and CP2012–53 to consider the Request pertaining to the proposed First-Class Package Service Contract 15 product and the related contract, respectively. Interested persons may submit comments on whether the Postal Service’s filings in the captioned dockets are consistent with the policies of 39 U.S.C. 3632, 3633, or 3642, 39 CFR 3015.5, and 39 CFR part 3020, subpart B. Comments are due no later than August 28, 2012. The public portions of these filings can be accessed via the Commission’s Web site (https:// www.prc.gov). The Commission appoints Natalie Rea Ward to serve as Public Representative in these dockets. III. It is ordered It is ordered: 1. The Commission establishes Docket Nos. MC2012–45 and CP2012–53 to consider the matters raised in each docket. 2. Pursuant to 39 U.S.C. 505, Natalie Rea Ward is appointed to serve as an officer of the Commission (Public Representative) to represent the interests of the general public in these proceedings. 3. Comments by interested persons in these proceedings are due no later than August 28, 2012. 4. The Secretary shall arrange for publication of this order in the Federal Register. By the Commission. Shoshana M. Grove, Secretary. [FR Doc. 2012–20852 Filed 8–23–12; 8:45 am] BILLING CODE 7710–FW–P POSTAL SERVICE Product Change—First-Class Package Service Negotiated Service Agreement Postal ServiceTM. ACTION: Notice. AGENCY: E:\FR\FM\24AUN1.SGM 24AUN1

Agencies

[Federal Register Volume 77, Number 165 (Friday, August 24, 2012)]
[Notices]
[Pages 51582-51583]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-20891]


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PENSION BENEFIT GUARANTY CORPORATION


Submission of Information Collection for OMB Review; Comment 
Request; Qualified Domestic Relations Orders Submitted to PBGC

AGENCY: Pension Benefit Guaranty Corporation.

ACTION: Notice of request for extension of OMB approval.

-----------------------------------------------------------------------

SUMMARY: Pension Benefit Guaranty Corporation (``PBGC'') is requesting 
that the Office of Management and Budget (``OMB'') extend approval, 
under the Paperwork Reduction Act, of the collection of information in 
PBGC's booklet Qualified Domestic Relations Orders & PBGC (OMB control 
number 1212-0054; expires August 31, 2012). This notice informs the 
public of PBGC's request and solicits public comment on the collection 
of information.

DATES: Comments should be submitted by September 24, 2012.

ADDRESSES: Comments should be sent to the Office of Information and 
Regulatory Affairs, Office of Management and Budget, Attention: Desk 
Officer for Pension Benefit Guaranty Corporation, via electronic mail 
at OIRA_DOCKET@omb.eop.gov or by fax to (202) 395-6974.
    A copy of PBGC's request may be obtained without charge by writing 
to the Disclosure Division of the Office of the General Counsel of PBGC 
at the above address or by visiting that office or calling (202) 326-
4040 during normal business hours. (TTY and TDD users may call the 
Federal relay service toll free at 1-800-877-8339 and ask to be 
connected to (202) 326-4040.) The request is also available at 
www.reginfo.gov. PBGC's current QDRO booklet is available on PBGC's Web 
site at www.pbgc.gov.

FOR FURTHER INFORMATION CONTACT: Jo Amato Burns, Attorney, Legislative 
and Regulatory Department, Pension Benefit Guaranty Corporation, 1200 K 
Street NW., Washington, DC 20005-4026, 202-326-4024. (TTY and 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: PBGC is requesting that OMB extend its 
approval of the guidance and model language and forms contained in the 
PBGC booklet, Qualified Domestic Relations Orders & PBGC.
    A defined benefit pension plan that does not have enough money to 
pay benefits may be terminated if the employer responsible for the plan 
faces severe financial difficulty, such as bankruptcy, and is unable to 
maintain the plan. In such an event, PBGC becomes trustee of the plan 
and pays benefits, subject to legal limits, to plan participants and 
beneficiaries.
    The benefits of a pension plan participant generally may not be 
assigned or alienated. However, Title I of ERISA provides an exception 
for domestic relations orders that relate to child support, alimony 
payments, or the marital property rights of an alternate payee (a 
spouse, former spouse, child, or other dependent of a plan 
participant). The exception applies only if the domestic relations 
order meets specific legal requirements that make it a qualified 
domestic relations order, or ``QDRO.''
    ERISA provides that pension plans are required to comply with only 
those domestic relations orders which are QDROs, and that the decision 
as to whether a domestic relations order is a QDRO is made by the plan 
administrator. When PBGC is trustee of a plan, it reviews submitted 
domestic relations orders to determine whether the order is qualified 
before paying benefits to an alternate payee. The requirements for 
submitting a QDRO are established by statute.
    To simplify the process, PBGC has included model QDROs and 
accompanying guidance in a booklet, Qualified Domestic Relations Orders 
& PBGC. The models and guidance assist parties by making it easier to 
comply with ERISA's QDRO requirements when drafting orders for plans 
trusteed by PBGC. The booklet does not create any additional 
requirements.
    PBGC is making the following changes to the QDRO booklet:

     For a participant who is already in pay status, PBGC 
will not suspend benefits upon receipt of a draft domestic relations 
order or any pleading intended to add PBGC as a party to a domestic 
relations action, including a request for joinder. PBGC will suspend 
benefits only upon receipt of an original signed domestic relations 
order or a certified or authenticated copy.
     For a participant who is not in pay status, but whose 
application is pending, PBGC will place a hold on putting the 
participant in pay status's application for benefits upon receipt of 
a draft order or any pleading intended to add PBGC as a party to a 
domestic relations action, including a request for joinder.
     If a separate interest order is silent as to what 
happens if an alternate payee dies before commencing benefits, PBGC 
will treat the separate interest as reverting to the participant, 
not being forfeited to PBGC.

PBGC is also making other simplifying and clarifying changes to the 
QDRO booklet.

    The collection of information has been approved through August 31, 
2012, by OMB under control number 1212-0054. PBGC is requesting that 
OMB extend approval of the collection of information for three years. 
An agency

[[Page 51583]]

may not conduct or sponsor, and a person is not required to respond to, 
a collection of information unless it displays a currently valid OMB 
control number.
    PBGC estimates that it will receive 1,361 domestic relations orders 
annually and that the average annual burden of this collection of 
information is 4,138 hours and $870,400.

    Issued in Washington, DC, this 21st day of August 2012.
Catherine B. Klion,
Manager, Regulatory and Policy Division, Legislative and Regulatory 
Department.
[FR Doc. 2012-20891 Filed 8-23-12; 8:45 am]
BILLING CODE 7709-01-P
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