80_FR_46946 80 FR 46795 - Suspension of Benefits Under the Multiemployer Pension Reform Act of 2014; Correction

80 FR 46795 - Suspension of Benefits Under the Multiemployer Pension Reform Act of 2014; Correction

DEPARTMENT OF THE TREASURY
Internal Revenue Service

Federal Register Volume 80, Issue 151 (August 6, 2015)

Page Range46795-46796
FR Document2015-19366

This document contains corrections to temporary regulations (TD 9723) that were published in the Federal Register on Friday, June 19, 2015 (80 FR 35207). The temporary regulations relate to multiemployer pension plans that are projected to have insufficient funds, at some point in the future, to pay the full benefits to which individuals will be entitled under the plans (referred to as plans in ``critical and declining status'').

Federal Register, Volume 80 Issue 151 (Thursday, August 6, 2015)
[Federal Register Volume 80, Number 151 (Thursday, August 6, 2015)]
[Rules and Regulations]
[Pages 46795-46796]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19366]


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

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Parts 1 and 602

[TD 9723]
RIN 1545-BM73


Suspension of Benefits Under the Multiemployer Pension Reform Act 
of 2014; Correction

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Temporary regulations; correction.

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

SUMMARY: This document contains corrections to temporary regulations 
(TD 9723) that were published in the Federal Register on Friday, June 
19, 2015 (80 FR 35207). The temporary regulations relate to 
multiemployer pension plans that are projected to have insufficient 
funds, at some point in the future, to pay the full benefits to which 
individuals will be entitled under the plans (referred to as plans in 
``critical and declining status'').

DATES: This correction is effective August 6, 2015 and applicable June 
19, 2015.

FOR FURTHER INFORMATION CONTACT: Department of the Treasury MPRA

[[Page 46796]]

guidance information line at (202) 622-1559 (not a toll-free number).

SUPPLEMENTARY INFORMATION: 

Background

    The temporary regulations (TD 9723) that are the subject of this 
correction are under section 432(e)(9) of the Internal Revenue Code.

Need for Correction

    As published, the temporary regulations (TD 9723) contain errors 
that may prove to be misleading and are in need of clarification.

Correction of Publication

0
Accordingly, the temporary regulations (TD 9723), that are subject to 
FR Doc. 2015-14945, are corrected as follows:
0
1. On page 35207, in the preamble, third column, third line, under 
paragraph heading ``Paperwork Reduction Act,'' the language ``procedure 
pursuant to the'' is corrected to read ``comment pursuant to the''.
0
2. On page 35210, in the preamble, second column, ninth line, under 
paragraph heading ``Suspension Applications,'' the language ``is 
eligible for the suspensions and has'' is corrected to read ``is 
eligible for the suspension and has''.
0
3. On page 35215, in the preamble, third column, third line, under 
paragraph heading ``Contact Information,'' the language ``Department of 
the Treasury at (202)'' is corrected to read ``Department of the 
Treasury MPRA guidance information line at (202)''.

Martin V. Franks,
Chief, Publications and Regulations Branch, Legal Processing Division, 
Associate Chief Counsel (Procedure and Administration).
[FR Doc. 2015-19366 Filed 8-5-15; 8:45 am]
BILLING CODE 4830-01-P



                                                                  Federal Register / Vol. 80, No. 151 / Thursday, August 6, 2015 / Rules and Regulations                                              46795

                                                determinations in which the complete                      Dated: July 31, 2015.                               PART 1—INCOME TAXES
                                                initial questionnaire has not been issued               Ronald K. Lorentzen
                                                as of August 6, 2015.                                   Acting Assistant Secretary for Enforcement            ■ Paragraph 1. The authority citation
                                                   The second part of Section 505                       and Compliance.                                       for part 1 continues to read in part as
                                                amends Section 773(c)(5) of the Tariff                  [FR Doc. 2015–19353 Filed 8–5–15; 8:45 am]            follows:
                                                Act of 1930, 19 U.S.C. 1673b(c)(5), to                  BILLING CODE 3510–DS–P                                    Authority: 26 U.S.C. 7805 * * *
                                                permit the Department to disregard                                                                            ■ Par. 2. Section 1.432(e)(9)–1T is
                                                price or cost values without further                                                                          amended by revising the first sentence
                                                investigation if it has determined that                                                                       of paragraph (g)(1)(v) to read as follows:
                                                certain subsidies have existed with                     DEPARTMENT OF THE TREASURY
                                                respect to those values, or if those price                                                                    § 1.432(e)(9)–1T Benefit suspensions for
                                                                                                        Internal Revenue Service                              multiemployer plans in critical and
                                                or cost values were subject to an AD
                                                                                                                                                              declining status (temporary).
                                                order. This amendment clarifies the                     26 CFR Part 1
                                                Department’s authority for its existing                                                                       *     *     *    *    *
                                                practice, and does not impose any new                                                                           (g) * * *
                                                                                                        [TD 9723]                                               (1) * * *
                                                requirements on the parties to AD
                                                proceedings that would require them to                                                                          (v) * * * An application for
                                                submit additional information or                        RIN 1545–BM73                                         suspension that is not submitted in
                                                argument. Accordingly, we will apply                                                                          combination with an application to
                                                                                                        Suspension of Benefits Under the                      PBGC for a plan partition under section
                                                this provision to determinations made                   Multiemployer Pension Reform Act of
                                                on or after August 6, 2015.                                                                                   4233 of ERISA generally will not be
                                                                                                        2014; Correction                                      accepted unless the proposed effective
                                                   Section 506 of the Act amends                                                                              date of the suspension is at least nine
                                                Section 782(a) of the Tariff Act of 1930,               AGENCY:  Internal Revenue Service (IRS),
                                                                                                        Treasury.                                             months from the date on which the
                                                19 U.S.C. 1677m(a), to identify the                                                                           application is submitted. * * *
                                                factors that the Department may take                    ACTION: Correcting amendment.
                                                into account in determining whether                                                                           Martin V. Franks,
                                                accepting voluntary responses would be                  SUMMARY:   This document contains                     Chief, Publications and Regulations Branch,
                                                unduly burdensome. This amendment                       corrections to temporary regulations (TD              Legal Processing Division, Associate Chief
                                                compliments the Department’s                            9723) that were published in the                      Counsel (Procedure and Administration).
                                                voluntary respondent analysis and does                  Federal Register on Friday, June 19,                  [FR Doc. 2015–19364 Filed 8–5–15; 8:45 am]
                                                                                                        2015 (80 FR 35207). The temporary                     BILLING CODE 4830–01–P
                                                not require parties to AD and CVD
                                                                                                        regulations relate to multiemployer
                                                proceedings to submit additional
                                                                                                        pension plans that are projected to have
                                                information or argument. Accordingly,
                                                                                                        insufficient funds, at some point in the              DEPARTMENT OF THE TREASURY
                                                we will apply this provision to
                                                                                                        future, to pay the full benefits to which
                                                determinations made on or after August                                                                        Internal Revenue Service
                                                                                                        individuals will be entitled under the
                                                6, 2015.                                                plans (referred to as plans in ‘‘critical
                                                Classification                                          and declining status’’).                              26 CFR Parts 1 and 602
                                                                                                        DATES: This correction is effective                   [TD 9723]
                                                   Pursuant to 5 U.S.C. 553(b)(A), notice               August 6, 2015 and applicable June 19,
                                                and comment are not required for this                                                                         RIN 1545–BM73
                                                                                                        2015.
                                                rule because its intent is to interpret the
                                                                                                        FOR FURTHER INFORMATION CONTACT:                      Suspension of Benefits Under the
                                                Trade Preferences Extension Act to
                                                                                                        Department of the Treasury MPRA                       Multiemployer Pension Reform Act of
                                                apply as explained above and to provide
                                                                                                        guidance information line at (202) 622–               2014; Correction
                                                notice to the public. This interpretation
                                                                                                        1559 (not a toll-free number).
                                                is meant to lend clarity to the statutory                                                                     AGENCY:  Internal Revenue Service (IRS),
                                                terms and will reduce or eliminate any                  SUPPLEMENTARY INFORMATION:
                                                                                                                                                              Treasury.
                                                possible confusion about the application                Background                                            ACTION: Temporary regulations;
                                                of the Act without creating any new                                                                           correction.
                                                law, rights or duties. See General Motors                 The temporary regulations (TD 9723)
                                                                                                        that are the subject of this correction are           SUMMARY:   This document contains
                                                Corp. v. Ruckelshaus, 742 F.2d 1561,
                                                                                                        under section 432(e)(9) of the Internal               corrections to temporary regulations (TD
                                                1565 (D.C. Cir. 1984) (en banc) (finding
                                                                                                        Revenue Code.                                         9723) that were published in the
                                                that EPA’s rule was interpretive because
                                                ‘‘the agency regarded its rule as                       Need for Correction                                   Federal Register on Friday, June 19,
                                                interpretive’’; ‘‘[its] entire justification                                                                  2015 (80 FR 35207). The temporary
                                                                                                          As published, the temporary
                                                for the rule is comprised of reasoned                                                                         regulations relate to multiemployer
                                                                                                        regulations (TD 9723) contain an error
                                                statutory interpretation, with reference                                                                      pension plans that are projected to have
                                                                                                        that may prove to be misleading and are
                                                to the language, purpose and legislative                                                                      insufficient funds, at some point in the
                                                                                                        in need of clarification.
                                                history of the [provision]’’; and ‘‘most                                                                      future, to pay the full benefits to which
                                                importantly, the rule did not create any                List of Subjects in 26 CFR Part 1                     individuals will be entitled under the
mstockstill on DSK4VPTVN1PROD with RULES




                                                new rights or duties . . .’’). Because                                                                        plans (referred to as plans in ‘‘critical
                                                                                                          Income taxes, Reporting and
                                                notice and an opportunity for comment                                                                         and declining status’’).
                                                                                                        recordkeeping requirements.
                                                are not required, no regulatory                                                                               DATES: This correction is effective
                                                flexibility analysis is required and none               Correction of Publication                             August 6, 2015 and applicable June 19,
                                                has been prepared. The rule has been                      Accordingly, 26 CFR part 1 is                       2015.
                                                determined to be not significant for                    amended by making the following                       FOR FURTHER INFORMATION CONTACT:
                                                purposes of Executive Order 12866.                      correcting amendments:                                Department of the Treasury MPRA


                                           VerDate Sep<11>2014   16:05 Aug 05, 2015   Jkt 235001   PO 00000   Frm 00007   Fmt 4700   Sfmt 4700   E:\FR\FM\06AUR1.SGM   06AUR1


                                                46796             Federal Register / Vol. 80, No. 151 / Thursday, August 6, 2015 / Rules and Regulations

                                                guidance information line at (202) 622–                 ACTION:   Interim final rule.                         viewing on the Internet at http://
                                                1559 (not a toll-free number).                                                                                www.regulations.gov as they are
                                                                                                        SUMMARY:    This interim final rule                   received without change, including any
                                                SUPPLEMENTARY INFORMATION:
                                                                                                        implements Section 702 (c) of the Carl                personal identifiers or contact
                                                Background                                              Levin and Howard P. ‘‘Buck’’ McKeon                   information.
                                                                                                        National Defense Authorization Act for
                                                  The temporary regulations (TD 9723)                                                                         FOR FURTHER INFORMATION CONTACT:   Dr.
                                                                                                        Fiscal Year 2015 which states that
                                                that are the subject of this correction are                                                                   George Jones, Chief, Pharmacy
                                                                                                        beginning October 1, 2015, the
                                                under section 432(e)(9) of the Internal                                                                       Operations Division, Defense Health
                                                                                                        pharmacy benefits program shall require
                                                Revenue Code.                                                                                                 Agency, telephone 703–681–2890.
                                                                                                        eligible covered beneficiaries generally
                                                Need for Correction                                     to refill non-generic prescription                    SUPPLEMENTARY INFORMATION:
                                                                                                        maintenance medications through
                                                  As published, the temporary                                                                                 A. Executive Summary
                                                                                                        military treatment facility pharmacies or
                                                regulations (TD 9723) contain errors that
                                                                                                        the national mail-order pharmacy                      1. Purpose
                                                may prove to be misleading and are in
                                                                                                        program. Section 702(c) of the National
                                                need of clarification.                                                                                          The legal authority for this rule is
                                                                                                        Defense Authorization Act for Fiscal
                                                Correction of Publication                               Year 2015 also terminates the TRICARE                 Section 702 of the National Defense
                                                                                                        For Life Pilot Program on September 30,               Authorization Act for Fiscal Year 2015.
                                                ■  Accordingly, the temporary                           2015. The TRICARE For Life Pilot                        This interim final rule implements
                                                regulations (TD 9723), that are subject to              Program described in Section 716 (f) of               Section 702 (c) of the Carl Levin and
                                                FR Doc. 2015–14945, are corrected as                    the National Defense Authorization Act                Howard P. ‘‘Buck’’ McKeon National
                                                follows:                                                for Fiscal Year 2013, was a pilot                     Defense Authorization Act for Fiscal
                                                ■ 1. On page 35207, in the preamble,                    program which began in March 2014                     Year 2015 which states that beginning
                                                third column, third line, under                         requiring TRICARE For Life                            October 1, 2015, the pharmacy benefits
                                                paragraph heading ‘‘Paperwork                           beneficiaries to refill non-generic                   program shall require eligible covered
                                                Reduction Act,’’ the language                           prescription maintenance medications                  beneficiaries generally to refill non-
                                                ‘‘procedure pursuant to the’’ is corrected              through military treatment facility                   generic prescription maintenance
                                                to read ‘‘comment pursuant to the’’.                    pharmacies or the national mail-order                 medications through military treatment
                                                ■ 2. On page 35210, in the preamble,                    pharmacy program. TRICARE for Life                    facility pharmacies or the national mail-
                                                second column, ninth line, under                        beneficiaries are those enrolled in the               order pharmacy program. Eligible
                                                paragraph heading ‘‘Suspension                          Medicare wraparound coverage option                   covered beneficiaries are defined in
                                                Applications,’’ the language ‘‘is eligible              of the TRICARE program. This interim                  sections 1072 (5) and 1086 of title 10,
                                                for the suspensions and has’’ is                        rule includes procedures to assist                    United States Code.
                                                corrected to read ‘‘is eligible for the                 beneficiaries in transferring covered
                                                suspension and has’’.                                                                                         2. Summary of the Major Provisions of
                                                                                                        prescriptions to the mail order
                                                ■ 3. On page 35215, in the preamble,                                                                          the Interim Final Rule
                                                                                                        pharmacy program. This regulation is
                                                third column, third line, under                         being issued as an interim final rule in                TRICARE beneficiaries are generally
                                                paragraph heading ‘‘Contact                             order to comply with the express                      required to obtain all prescription refills
                                                Information,’’ the language ‘‘Department                statutory intent that the program begin               for select non-generic maintenance
                                                of the Treasury at (202)’’ is corrected to              October 1, 2015. Public comments,                     medications from the TRICARE mail
                                                read ‘‘Department of the Treasury                       however, are invited and will be                      order program (where beneficiary
                                                MPRA guidance information line at                       considered for possible revisions to this             copayments are much lower than in
                                                (202)’’.                                                rule for the second year of the program.              retail pharmacies) or military treatment
                                                Martin V. Franks,                                       DATES: This rule is effective August 6,               facilities (where there are no
                                                                                                        2015. Written comments received at the                copayments). Covered maintenance
                                                Chief, Publications and Regulations Branch,
                                                Legal Processing Division, Associate Chief              address indicated below by October 5,                 medications are those prescribed for
                                                Counsel (Procedure and Administration).                 2015 will be considered and addressed                 chronic, long-term conditions that are
                                                [FR Doc. 2015–19366 Filed 8–5–15; 8:45 am]              in the final rule.                                    taken on a regular, recurring basis, but
                                                                                                        ADDRESSES: You may submit comments,                   do not include medications to treat
                                                BILLING CODE 4830–01–P
                                                                                                        identified by docket number and/or                    acute conditions. TRICARE will follow
                                                                                                        Regulatory Information Number (RIN)                   best commercial practices, including
                                                                                                        number and title, by any of the                       that beneficiaries will be notified of the
                                                DEPARTMENT OF DEFENSE                                                                                         new rules and mechanisms to allow
                                                                                                        following methods:
                                                                                                           Federal eRulemaking Portal: http://                them to receive adequate medication
                                                Office of the Secretary
                                                                                                        www.regulations.gov. Follow the                       during their transition to mail for their
                                                                                                        instructions for submitting comments.                 refills. The statute and rule authorize a
                                                32 CFR Part 199
                                                                                                           Mail: Department of Defense, Office of             waiver of the mail order requirement
                                                [Docket ID: DOD–2015–HA–0062]                           the Deputy Chief Management Officer,                  based on patient needs and other
                                                                                                        Directorate for Oversight and                         appropriate circumstances.
                                                RIN 0720–AB64
                                                                                                        Compliance, Regulatory and Audit
                                                                                                                                                              3. Costs and Benefits
                                                Civilian Health and Medical Program of                  Matters Office, 9010 Defense Pentagon,
                                                the Uniformed Services (CHAMPUS)/                       Washington, DC 20301–9010.                               The effect of the statutory
mstockstill on DSK4VPTVN1PROD with RULES




                                                TRICARE: Refills of Maintenance                            Instructions: All submissions received             requirement, implemented by this rule,
                                                Medications Through Military                            must include the agency name and                      is to shift a volume of prescriptions
                                                Treatment Facility Pharmacies or                        docket number or RIN for this Federal                 from retail pharmacies to the mail order
                                                National Mail Order Pharmacy Program                    Register document. The general policy                 pharmacy program. This will produce
                                                                                                        for comments and other submissions                    savings to the Department of
                                                AGENCY:Office of the Secretary,                         from members of the public is to make                 approximately $88M per year and
                                                Department of Defense (DoD).                            these submissions available for public                savings to beneficiaries of


                                           VerDate Sep<11>2014   16:05 Aug 05, 2015   Jkt 235001   PO 00000   Frm 00008   Fmt 4700   Sfmt 4700   E:\FR\FM\06AUR1.SGM   06AUR1



Document Created: 2018-02-23 10:55:27
Document Modified: 2018-02-23 10:55:27
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary regulations; correction.
DatesThis correction is effective August 6, 2015 and applicable June 19, 2015.
ContactDepartment of the Treasury MPRA guidance information line at (202) 622-1559 (not a toll-free number).
FR Citation80 FR 46795 
RIN Number1545-BM73
CFR Citation26 CFR 1
26 CFR 602

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR