Proposed Submission of Information Collections for OMB Review; Comment Request; Multiemployer Plan Regulations, 16863-16865 [2017-06802]
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Federal Register / Vol. 82, No. 65 / Thursday, April 6, 2017 / Notices
10. Abstract: Part 75 of 10 CFR
requires selected licensees to provide
reports of nuclear material inventory
and flow for selected facilities under the
US/IAEA Safeguards Agreement, permit
inspections by IAEA inspectors,
complementary access of IAEA
inspectors under the Additional
Protocol, give immediate notice to the
NRC in specified situations involving
the possibility of loss of nuclear
material, and give notice for imports
and exports of specified amounts of
nuclear material. In addition, this
collection is being renewed to include
approximately 25 entities subject to the
U.S.-IAEA Caribbean Territories
Safeguards Agreement (INFCIRC/366).
These licensees will provide reports of
nuclear material inventory and flow for
entities under the U.S.-IAEA Caribbean
Territories Safeguards Agreement
(INFCIRC/366), permit inspections by
IAEA inspectors, give immediate notice
to the NRC in specified situations
involving the possibility of loss of
nuclear material, and give notice for
imports and exports of specified
amounts of nuclear material. Licensees
will also follow written material
accounting and control procedures,
although actual reporting of transfer and
material balance records to the IAEA
will be done through the US State
system (Nuclear Materials Management
and Safeguards System, collected under
OMB clearance numbers 3150–0003,
3150–0004, 3150–0057, and 3150–
0058). The NRC needs this information
to implement its responsibilities under
the US/IAEA agreement.
III. Specific Requests for Comments
mstockstill on DSK3G9T082PROD with NOTICES
The NRC is seeking comments that
address the following questions:
1. Is the proposed collection of
information necessary for the NRC to
properly perform its functions? Does the
information have practical utility?
2. Is the estimate of the burden of the
information collection accurate?
3. Is there a way to enhance the
quality, utility, and clarity of the
information to be collected?
4. How can the burden of the
information collection on respondents
be minimized, including the use of
automated collection techniques or
other forms of information technology?
Dated at Rockville, Maryland, this 31st day
of March, 2017.
For the Nuclear Regulatory Commission.
David Cullison,
NRC Clearance Officer, Information Services
Branch, Office of the Chief Information
Officer.
[FR Doc. 2017–06785 Filed 4–5–17; 8:45 am]
BILLING CODE 7590–01–P
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PENSION BENEFIT GUARANTY
CORPORATION
Proposed Submission of Information
Collections for OMB Review; Comment
Request; Multiemployer Plan
Regulations
Pension Benefit Guaranty
Corporation.
ACTION: Notice of intention to request
extension of OMB approval of
information collections.
AGENCY:
The Pension Benefit Guaranty
Corporation (PBGC) intends to request
that the Office of Management and
Budget (OMB) extend approval, under
the Paperwork Reduction Act, of
collections of information in PBGC’s
regulations on multiemployer plans
under the Employee Retirement Income
Security Act of 1974 (ERISA). This
notice informs the public of PBGC’s
intent and solicits public comment on
the collections of information.
DATES: Comments must be submitted on
or before June 5, 2017.
ADDRESSES: Comments may be
submitted by any of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. (Follow the online
instructions for submitting comments.)
• Email: reg.comments@pbgc.gov.
• Mail or Hand Delivery: Regulatory
Affairs Group, Office of the General
Counsel, Pension Benefit Guaranty
Corporation, 1200 K Street NW.,
Washington, DC 20005–4026.
Comments received, including
personal information provided, will be
posted to www.pbgc.gov. Copies of the
collections of information may also be
obtained by writing to Disclosure
Division, Office of the General Counsel,
Pension Benefit Guaranty Corporation,
1200 K Street NW., Washington, DC
20005–4026, or calling 202–326–4040
during normal business hours. (TTY and
TDD users may call the Federal relay
service toll-free at 800–877–8339 and
ask to be connected to 202–326–4040.)
PBGC’s regulations on multiemployer
plans may be accessed on PBGC’s Web
site at www.pbgc.gov.
FOR FURTHER INFORMATION CONTACT:
Hilary Duke (duke.hilary@pbgc.gov),
Attorney, Regulatory Affairs Group,
Office of the General Counsel, Pension
Benefit Guaranty Corporation, 1200 K
Street NW., Washington DC 20005–
4026; 202–326–4400, extension 3839.
(TTY and TDD users may call the
Federal relay service toll-free at 800–
877–8339 and ask to be connected to
202–326–4100, ext. 6818, or 202–326–
4400, extension 3839.)
SUMMARY:
PO 00000
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16863
OMB has
approved and issued control numbers
for seven collections of information in
PBGC’s regulations relating to
multiemployer plans. These collections
of information are described below.
OMB approvals for these collections of
information expire June 30, 2017. PBGC
intends to request that OMB extend its
approval of these collections of
information for three years. An agency
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 is soliciting public
comments to—
• Evaluate whether the proposed
collections of information are necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
• evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collections of information,
including the validity of the
methodologies and assumptions used;
• enhance the quality, utility, and
clarity of the information to be
collected; and
• minimize the burden of the
collections of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
Comments should identify the
specific part number(s) of the
regulation(s) they relate to.
SUPPLEMENTARY INFORMATION:
1. Extension of Special Withdrawal
Liability Rules (29 CFR Part 4203)
(OMB Control Number 1212–0023)
Sections 4203(f) and 4208(e)(3) of
ERISA allow PBGC to permit a
multiemployer plan to adopt special
rules for determining whether a
withdrawal from the plan has occurred,
subject to PBGC approval.
The regulation specifies the
information that a plan that adopts
special rules must submit to PBGC
about the rules, the plan, and the
industry in which the plan operates.
PBGC uses the information to determine
whether the rules are appropriate for the
industry in which the plan functions
and do not pose a significant risk to the
insurance system.
PBGC estimates that at most one plan
sponsor submits a request each year
under this regulation. The estimated
annual burden of the collection of
information is two hours and $5,000.
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Federal Register / Vol. 82, No. 65 / Thursday, April 6, 2017 / Notices
2. Variances for Sale of Assets (29 CFR
Part 4204) (OMB Control Number 1212–
0021)
If an employer’s covered operations or
contribution obligation under a plan
ceases, the employer must generally pay
withdrawal liability to the plan. Section
4204 of ERISA provides an exception,
under certain conditions, where the
cessation results from a sale of assets.
Among other things, the buyer must
furnish a bond or escrow, and the sale
contract must provide for secondary
liability of the seller.
The regulation establishes general
variances (rules for avoiding the bond/
escrow and sale-contract requirements)
and authorizes plans to determine
whether the variances apply in
particular cases. It also allows buyers
and sellers to request individual
variances from PBGC. Plans and PBGC
use the information to determine
whether employers qualify for
variances.
PBGC estimates that each year, 100
employers submit, and 100 plans
respond to, variance requests under the
regulation, and one employer submits a
variance request to PBGC. The estimated
annual burden of the collection of
information is 1,050 hours and
$501,000.
mstockstill on DSK3G9T082PROD with NOTICES
3. Reduction or Waiver of Complete
Withdrawal Liability (29 CFR Part
4207) (OMB Control Number 1212–
0044)
Section 4207 of ERISA allows PBGC
to provide for abatement of an
employer’s complete withdrawal
liability, and for plan adoption of
alternative abatement rules, where
appropriate.
Under the regulation, an employer
applies to a plan for an abatement
determination, providing information
the plan needs to determine whether
withdrawal liability should be abated,
and the plan notifies the employer of its
determination. The employer may,
pending plan action, furnish a bond or
escrow instead of making withdrawal
liability payments, and must notify the
plan if it does so. When the plan then
makes its determination, it must so
notify the bonding or escrow agent.
The regulation also permits plans to
adopt their own abatement rules and
request PBGC approval. PBGC uses the
information in such a request to
determine whether the amendment
should be approved.
PBGC estimates that each year, at
most one employer submits, and one
plan responds to, an application for
abatement of complete withdrawal
liability, and no plan sponsors request
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18:51 Apr 05, 2017
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approval of plan abatement rules from
PBGC. The estimated annual burden of
the collection of information is 0.5
hours and $400.
6. Notice, Collection, and
Redetermination of Withdrawal
Liability (29 CFR Part 4219) (OMB
Control Number 1212–0034)
4. Reduction or Waiver of Partial
Withdrawal Liability (29 CFR Part
4208) (OMB Control Number 1212–
0039)
Section 4219(c)(1)(D) of ERISA
requires that PBGC prescribe regulations
for the allocation of a plan’s total
unfunded vested benefits in the event of
a ‘‘mass withdrawal.’’ ERISA section
4209(c) deals with an employer’s
liability for de minimis amounts if the
employer withdraws in a ‘‘substantial
withdrawal.’’
The reporting requirements in the
regulation give employers notice of a
mass withdrawal or substantial
withdrawal and advise them of their
rights and liabilities. They also provide
notice to PBGC so that it can monitor
the plan, and they help PBGC assess the
possible impact of a withdrawal event
on participants and the multiemployer
plan insurance program.
PBGC estimates that there are six
mass withdrawals and three substantial
withdrawals per year. The plan sponsor
of a plan subject to a withdrawal
covered by the regulation provides
notices of the withdrawal to PBGC and
to employers covered by the plan,
liability assessments to the employers,
and a certification to PBGC that
assessments have been made. (For a
mass withdrawal, there are two
assessments and two certifications that
deal with two different types of liability.
For a substantial withdrawal, there is
one assessment and one certification
(combined with the withdrawal notice
to PBGC).) The estimated annual burden
of the collection of information is 45
hours and $132,000.
Section 4208 of ERISA provides for
abatement, in certain circumstances, of
an employer’s partial withdrawal
liability and authorizes PBGC to issue
additional partial withdrawal liability
abatement rules.
Under the regulation, an employer
applies to a plan for an abatement
determination, providing information
the plan needs to determine whether
withdrawal liability should be abated,
and the plan notifies the employer of its
determination. The employer may,
pending plan action, furnish a bond or
escrow instead of making withdrawal
liability payments, and must notify the
plan if it does so. When the plan then
makes its determination, it must so
notify the bonding or escrow agent.
The regulation also permits plans to
adopt their own abatement rules and
request PBGC approval. PBGC uses the
information in such a request to
determine whether the amendment
should be approved.
PBGC estimates that each year, at
most one employer submits, and one
plan responds to, an application for
abatement of partial withdrawal liability
and no plan sponsors request approval
of plan abatement rules from PBGC. The
estimated annual burden of the
collection of information is 0.50 hours
and $400.
5. Allocating Unfunded Vested Benefits
to Withdrawing Employers (29 CFR
Part 4211) (OMB Control Number 1212–
0035)
Section 4211(c)(5)(A) of ERISA
requires PBGC to prescribe how plans
can, with PBGC approval, change the
way they allocate unfunded vested
benefits to withdrawing employers for
purposes of calculating withdrawal
liability.
The regulation prescribes the
information that must be submitted to
PBGC by a plan seeking such approval.
PBGC uses the information to determine
how the amendment changes the way
the plan allocates unfunded vested
benefits and how it will affect the risk
of loss to plan participants and PBGC.
PBGC estimates that 10 plan sponsors
submit approval requests each year
under this regulation. The estimated
annual burden of the collection of
information is 100 hours and $100,000.
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7. Procedures for PBGC Approval of
Plan Amendments (29 CFR Part 4220)
(OMB Control Number 1212–0031)
Under section 4220 of ERISA, a plan
may within certain limits adopt special
plan rules regarding when a withdrawal
from the plan occurs and how the
withdrawing employer’s withdrawal
liability is determined. Any such special
rule is effective only if, within 90 days
after receiving notice and a copy of the
rule, PBGC either approves or fails to
disapprove the rule.
The regulation provides rules for
requesting PBGC’s approval of an
amendment. PBGC needs the required
information to identify the plan,
evaluate the risk of loss, if any, posed
by the plan amendment, and determine
whether to approve or disapprove the
amendment.
PBGC estimates that at most one plan
sponsor submits an approval request per
year under this regulation. The
estimated annual burden of the
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Federal Register / Vol. 82, No. 65 / Thursday, April 6, 2017 / Notices
collection of information is 0.5 hours
and $5,000 dollars.
Deborah Chase Murphy,
Assistant General Counsel for Regulatory
Affairs, Pension Benefit Guaranty
Corporation.
[FR Doc. 2017–06802 Filed 4–5–17; 8:45 am]
BILLING CODE P
POSTAL REGULATORY COMMISSION
[Docket Nos. MC2017–105 and CP2017–152]
New Postal Products
Postal Regulatory Commission.
ACTION: Notice.
AGENCY:
The Commission is noticing a
recent Postal Service filing for the
Commission’s consideration concerning
a negotiated service agreement. This
notice informs the public of the filing,
invites public comment, and takes other
administrative steps.
DATES: Comments are due: April 10,
2017.
SUMMARY:
Submit comments
electronically via the Commission’s
Filing Online system at https://
www.prc.gov. Those who cannot submit
comments electronically should contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section by
telephone for advice on filing
alternatives.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
David A. Trissell, General Counsel, at
202–789–6820.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. Docketed Proceeding(s)
mstockstill on DSK3G9T082PROD with NOTICES
I. Introduction
The Commission gives notice that the
Postal Service filed request(s) for the
Commission to consider matters related
to negotiated service agreement(s). The
request(s) may propose the addition or
removal of a negotiated service
agreement from the market dominant or
the competitive product list, or the
modification of an existing product
currently appearing on the market
dominant or the competitive product
list.
Section II identifies the docket
number(s) associated with each Postal
Service request, the title of each Postal
Service request, the request’s acceptance
date, and the authority cited by the
Postal Service for each request. For each
request, the Commission appoints an
officer of the Commission to represent
the interests of the general public in the
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18:51 Apr 05, 2017
Jkt 241001
proceeding, pursuant to 39 U.S.C. 505
(Public Representative). Section II also
establishes comment deadline(s)
pertaining to each request.
The public portions of the Postal
Service’s request(s) can be accessed via
the Commission’s Web site (https://
www.prc.gov). Non-public portions of
the Postal Service’s request(s), if any,
can be accessed through compliance
with the requirements of 39 CFR
3007.40.
The Commission invites comments on
whether the Postal Service’s request(s)
in the captioned docket(s) are consistent
with the policies of title 39. For
request(s) that the Postal Service states
concern market dominant product(s),
applicable statutory and regulatory
requirements include 39 U.S.C. 3622, 39
U.S.C. 3642, 39 CFR part 3010, and 39
CFR part 3020, subpart B. For request(s)
that the Postal Service states concern
competitive product(s), applicable
statutory and regulatory requirements
include 39 U.S.C. 3632, 39 U.S.C. 3633,
39 U.S.C. 3642, 39 CFR part 3015, and
39 CFR part 3020, subpart B. Comment
deadline(s) for each request appear in
section II.
II. Docketed Proceeding(s)
1. Docket No(s).: MC2017–105 and
CP2017–152; Filing Title: Request of the
United States Postal Service to Add
Global Expedited Package Services—
Non-Published Rates 12 (GEPS–NPR 12)
to the Competitive Products List and
Notice of Filing GEPS–NPR 12 Model
Contract and Application for NonPublic Treatment of Materials Filed
Under Seal; Filing Acceptance Date:
March 31, 2017; Filing Authority: 39
U.S.C. 3642 and 39 CFR 3020.30 et seq.;
Public Representative: Katalin K.
Clendenin; Comments Due: April 10,
2017.
This notice will be published in the
Federal Register.
Stacy L. Ruble,
Secretary.
[FR Doc. 2017–06851 Filed 4–5–17; 8:45 am]
BILLING CODE 7710–FW–P
PO 00000
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–80358; File No. SR–NYSE–
2017–11]
Self-Regulatory Organizations; New
York Stock Exchange LLC; Notice of
Filing of Proposed Rule Change To
Amend Listing Standards for
Acquisition Companies To Modify the
Initial and Continued Distribution
Requirements
March 31, 2017.
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934 (the
‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice is hereby given that, on March
20, 2017, New York Stock Exchange
LLC (‘‘NYSE’’ or the ‘‘Exchange’’) filed
with the Securities and Exchange
Commission (the ‘‘Commission’’) the
proposed rule change as described in
Items I, II, and III below, which Items
have been prepared by the selfregulatory organization. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend its
listing standards for Acquisition
Companies (‘‘ACs’’) to modify the initial
and continued distribution
requirements. The proposed rule change
is available on the Exchange’s Web site
at www.nyse.com, at the principal office
of the Exchange, and at the
Commission’s Public Reference Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
self-regulatory organization included
statements concerning the purpose of,
and basis for, the proposed rule change
and discussed any comments it received
on the proposed rule change. The text
of those statements may be examined at
the places specified in Item IV below.
The Exchange has prepared summaries,
set forth in sections A, B, and C below,
of the most significant parts of such
statements.
1 15
U.S.C. 78s(b)(1).
U.S.C. 78a.
3 17 CFR 240.19b–4.
2 15
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Agencies
[Federal Register Volume 82, Number 65 (Thursday, April 6, 2017)]
[Notices]
[Pages 16863-16865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06802]
=======================================================================
-----------------------------------------------------------------------
PENSION BENEFIT GUARANTY CORPORATION
Proposed Submission of Information Collections for OMB Review;
Comment Request; Multiemployer Plan Regulations
AGENCY: Pension Benefit Guaranty Corporation.
ACTION: Notice of intention to request extension of OMB approval of
information collections.
-----------------------------------------------------------------------
SUMMARY: The Pension Benefit Guaranty Corporation (PBGC) intends to
request that the Office of Management and Budget (OMB) extend approval,
under the Paperwork Reduction Act, of collections of information in
PBGC's regulations on multiemployer plans under the Employee Retirement
Income Security Act of 1974 (ERISA). This notice informs the public of
PBGC's intent and solicits public comment on the collections of
information.
DATES: Comments must be submitted on or before June 5, 2017.
ADDRESSES: Comments may be submitted by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
(Follow the online instructions for submitting comments.)
Email: reg.comments@pbgc.gov.
Mail or Hand Delivery: Regulatory Affairs Group, Office of
the General Counsel, Pension Benefit Guaranty Corporation, 1200 K
Street NW., Washington, DC 20005-4026.
Comments received, including personal information provided, will be
posted to www.pbgc.gov. Copies of the collections of information may
also be obtained by writing to Disclosure Division, Office of the
General Counsel, Pension Benefit Guaranty Corporation, 1200 K Street
NW., Washington, DC 20005-4026, or calling 202-326-4040 during normal
business hours. (TTY and TDD users may call the Federal relay service
toll-free at 800-877-8339 and ask to be connected to 202-326-4040.)
PBGC's regulations on multiemployer plans may be accessed on PBGC's Web
site at www.pbgc.gov.
FOR FURTHER INFORMATION CONTACT: Hilary Duke (duke.hilary@pbgc.gov),
Attorney, Regulatory Affairs Group, Office of the General Counsel,
Pension Benefit Guaranty Corporation, 1200 K Street NW., Washington DC
20005-4026; 202-326-4400, extension 3839. (TTY and TDD users may call
the Federal relay service toll-free at 800-877-8339 and ask to be
connected to 202-326-4100, ext. 6818, or 202-326-4400, extension 3839.)
SUPPLEMENTARY INFORMATION: OMB has approved and issued control numbers
for seven collections of information in PBGC's regulations relating to
multiemployer plans. These collections of information are described
below. OMB approvals for these collections of information expire June
30, 2017. PBGC intends to request that OMB extend its approval of these
collections of information for three years. An agency 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 is soliciting public comments to--
Evaluate whether the proposed collections of information
are necessary for the proper performance of the functions of the
agency, including whether the information will have practical utility;
evaluate the accuracy of the agency's estimate of the
burden of the proposed collections of information, including the
validity of the methodologies and assumptions used;
enhance the quality, utility, and clarity of the
information to be collected; and
minimize the burden of the collections of information on
those who are to respond, including through the use of appropriate
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g., permitting
electronic submission of responses.
Comments should identify the specific part number(s) of the
regulation(s) they relate to.
1. Extension of Special Withdrawal Liability Rules (29 CFR Part 4203)
(OMB Control Number 1212-0023)
Sections 4203(f) and 4208(e)(3) of ERISA allow PBGC to permit a
multiemployer plan to adopt special rules for determining whether a
withdrawal from the plan has occurred, subject to PBGC approval.
The regulation specifies the information that a plan that adopts
special rules must submit to PBGC about the rules, the plan, and the
industry in which the plan operates. PBGC uses the information to
determine whether the rules are appropriate for the industry in which
the plan functions and do not pose a significant risk to the insurance
system.
PBGC estimates that at most one plan sponsor submits a request each
year under this regulation. The estimated annual burden of the
collection of information is two hours and $5,000.
[[Page 16864]]
2. Variances for Sale of Assets (29 CFR Part 4204) (OMB Control Number
1212-0021)
If an employer's covered operations or contribution obligation
under a plan ceases, the employer must generally pay withdrawal
liability to the plan. Section 4204 of ERISA provides an exception,
under certain conditions, where the cessation results from a sale of
assets. Among other things, the buyer must furnish a bond or escrow,
and the sale contract must provide for secondary liability of the
seller.
The regulation establishes general variances (rules for avoiding
the bond/escrow and sale-contract requirements) and authorizes plans to
determine whether the variances apply in particular cases. It also
allows buyers and sellers to request individual variances from PBGC.
Plans and PBGC use the information to determine whether employers
qualify for variances.
PBGC estimates that each year, 100 employers submit, and 100 plans
respond to, variance requests under the regulation, and one employer
submits a variance request to PBGC. The estimated annual burden of the
collection of information is 1,050 hours and $501,000.
3. Reduction or Waiver of Complete Withdrawal Liability (29 CFR Part
4207) (OMB Control Number 1212-0044)
Section 4207 of ERISA allows PBGC to provide for abatement of an
employer's complete withdrawal liability, and for plan adoption of
alternative abatement rules, where appropriate.
Under the regulation, an employer applies to a plan for an
abatement determination, providing information the plan needs to
determine whether withdrawal liability should be abated, and the plan
notifies the employer of its determination. The employer may, pending
plan action, furnish a bond or escrow instead of making withdrawal
liability payments, and must notify the plan if it does so. When the
plan then makes its determination, it must so notify the bonding or
escrow agent.
The regulation also permits plans to adopt their own abatement
rules and request PBGC approval. PBGC uses the information in such a
request to determine whether the amendment should be approved.
PBGC estimates that each year, at most one employer submits, and
one plan responds to, an application for abatement of complete
withdrawal liability, and no plan sponsors request approval of plan
abatement rules from PBGC. The estimated annual burden of the
collection of information is 0.5 hours and $400.
4. Reduction or Waiver of Partial Withdrawal Liability (29 CFR Part
4208) (OMB Control Number 1212-0039)
Section 4208 of ERISA provides for abatement, in certain
circumstances, of an employer's partial withdrawal liability and
authorizes PBGC to issue additional partial withdrawal liability
abatement rules.
Under the regulation, an employer applies to a plan for an
abatement determination, providing information the plan needs to
determine whether withdrawal liability should be abated, and the plan
notifies the employer of its determination. The employer may, pending
plan action, furnish a bond or escrow instead of making withdrawal
liability payments, and must notify the plan if it does so. When the
plan then makes its determination, it must so notify the bonding or
escrow agent.
The regulation also permits plans to adopt their own abatement
rules and request PBGC approval. PBGC uses the information in such a
request to determine whether the amendment should be approved.
PBGC estimates that each year, at most one employer submits, and
one plan responds to, an application for abatement of partial
withdrawal liability and no plan sponsors request approval of plan
abatement rules from PBGC. The estimated annual burden of the
collection of information is 0.50 hours and $400.
5. Allocating Unfunded Vested Benefits to Withdrawing Employers (29 CFR
Part 4211) (OMB Control Number 1212-0035)
Section 4211(c)(5)(A) of ERISA requires PBGC to prescribe how plans
can, with PBGC approval, change the way they allocate unfunded vested
benefits to withdrawing employers for purposes of calculating
withdrawal liability.
The regulation prescribes the information that must be submitted to
PBGC by a plan seeking such approval. PBGC uses the information to
determine how the amendment changes the way the plan allocates unfunded
vested benefits and how it will affect the risk of loss to plan
participants and PBGC.
PBGC estimates that 10 plan sponsors submit approval requests each
year under this regulation. The estimated annual burden of the
collection of information is 100 hours and $100,000.
6. Notice, Collection, and Redetermination of Withdrawal Liability (29
CFR Part 4219) (OMB Control Number 1212-0034)
Section 4219(c)(1)(D) of ERISA requires that PBGC prescribe
regulations for the allocation of a plan's total unfunded vested
benefits in the event of a ``mass withdrawal.'' ERISA section 4209(c)
deals with an employer's liability for de minimis amounts if the
employer withdraws in a ``substantial withdrawal.''
The reporting requirements in the regulation give employers notice
of a mass withdrawal or substantial withdrawal and advise them of their
rights and liabilities. They also provide notice to PBGC so that it can
monitor the plan, and they help PBGC assess the possible impact of a
withdrawal event on participants and the multiemployer plan insurance
program.
PBGC estimates that there are six mass withdrawals and three
substantial withdrawals per year. The plan sponsor of a plan subject to
a withdrawal covered by the regulation provides notices of the
withdrawal to PBGC and to employers covered by the plan, liability
assessments to the employers, and a certification to PBGC that
assessments have been made. (For a mass withdrawal, there are two
assessments and two certifications that deal with two different types
of liability. For a substantial withdrawal, there is one assessment and
one certification (combined with the withdrawal notice to PBGC).) The
estimated annual burden of the collection of information is 45 hours
and $132,000.
7. Procedures for PBGC Approval of Plan Amendments (29 CFR Part 4220)
(OMB Control Number 1212-0031)
Under section 4220 of ERISA, a plan may within certain limits adopt
special plan rules regarding when a withdrawal from the plan occurs and
how the withdrawing employer's withdrawal liability is determined. Any
such special rule is effective only if, within 90 days after receiving
notice and a copy of the rule, PBGC either approves or fails to
disapprove the rule.
The regulation provides rules for requesting PBGC's approval of an
amendment. PBGC needs the required information to identify the plan,
evaluate the risk of loss, if any, posed by the plan amendment, and
determine whether to approve or disapprove the amendment.
PBGC estimates that at most one plan sponsor submits an approval
request per year under this regulation. The estimated annual burden of
the
[[Page 16865]]
collection of information is 0.5 hours and $5,000 dollars.
Deborah Chase Murphy,
Assistant General Counsel for Regulatory Affairs, Pension Benefit
Guaranty Corporation.
[FR Doc. 2017-06802 Filed 4-5-17; 8:45 am]
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