82 FR 27089 - Notice of the American Arbitration Association's Response to Public Comments Related to the Pending Request for Approval of an Alternative Arbitration Procedure

PENSION BENEFIT GUARANTY CORPORATION

Federal Register Volume 82, Issue 112 (June 13, 2017)

The Pension Benefit Guaranty Corporation invited the American Arbitration Association to respond to the public comments submitted in response to its request for approval of an Alternative Arbitration Procedure under section 4221 of the Employee Retirement Income Security Act of 1974 and PBGC's default arbitration procedures. On March 23, 2016, PBGC published notice of the American Arbitration Association's request in the Federal Register to advise interested persons of the request and solicit their views on it. This notice provides the public with the American Arbitration Association's letter response and solicits public comment on the response.

[Federal Register Volume 82, Number 112 (Tuesday, June 13, 2017)]
[Notices]
[Pages 27089-27090]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12149]


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PENSION BENEFIT GUARANTY CORPORATION


Notice of the American Arbitration Association's Response to 
Public Comments Related to the Pending Request for Approval of an 
Alternative Arbitration Procedure

AGENCY: Pension Benefit Guaranty Corporation.

ACTION: Notice of the American Arbitration Association's response to 
public comments.

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SUMMARY: The Pension Benefit Guaranty Corporation invited the American 
Arbitration Association to respond to the public comments submitted in 
response to its request for approval of an Alternative Arbitration 
Procedure under section 4221 of the Employee Retirement Income Security 
Act of 1974 and PBGC's default arbitration procedures. On March 23, 
2016, PBGC published notice of the American Arbitration Association's 
request in the Federal Register to advise interested persons of the 
request and solicit their views on it. This notice provides the public 
with the American Arbitration Association's letter response and 
solicits public comment on the response.

[[Page 27090]]


DATES: Comments must be received on or before July 28, 2017.

ADDRESSES: Comments may be submitted by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the Web site instructions for submitting comments.
     Email: [email protected].
     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 comments 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 1-800-877-8339 
and ask to be connected to 202-326-4040.)

FOR FURTHER INFORMATION CONTACT: Bruce Perlin, Assistant Chief Counsel 
([email protected]), 202-326-4020, ext. 6818, or Jon Chatalian, 
Deputy Assistant Chief Counsel ([email protected]), ext. 6757, 
Office of the Chief Counsel, Suite 340, 1200 K Street NW., Washington, 
DC 20005-4026; (TTY/TDD users may call the Federal relay service toll-
free at 1-800-877-8339 and ask to be connected to 202-326-4020.)

SUPPLEMENTARY INFORMATION: 

Background

    The Pension Benefit Guaranty Corporation (PBGC) administers title 
IV of the Employee Retirement Income Security Act of 1974 (ERISA). 
Section 4221(a)(1) of ERISA requires ``any dispute'' between an 
employer and a multiemployer pension plan concerning a withdrawal 
liability determination to be ``resolved through arbitration.''
    In lieu of PBGC's default arbitration procedures, under 29 CFR 
4221.14, a withdrawal liability arbitration may be conducted in 
accordance with an alternative arbitration procedure approved by the 
PBGC in accordance with Sec.  [thinsp]4221.14(c). Under Sec.  
[thinsp]4221.14(c), the sponsor of an arbitration procedure may request 
PBGC approval of its procedures by submitting an application to the 
PBGC. The application must include: (1) A copy of the procedures for 
which approval is sought; (2) a description of the history, structure 
and membership of the organization that sponsors the procedures; and 
(3) a discussion of the reasons why, in the sponsoring organization's 
opinion, the procedures satisfy the criteria for approval set forth in 
this section. Under Sec.  4221.14(d), PBGC shall approve an application 
if it determines that the proposed procedures will be substantially 
fair to all parties involved in the arbitration of a withdrawal 
liability dispute and that the sponsoring organization is neutral and 
able to carry out its role under the procedures.
    On November 20, 2015, the American Arbitration Association (AAA) 
requested approval of an Alternative Arbitration Procedure under 
section 4221 of the Employee Retirement Income Security Act of 1974 and 
29 CFR 4221.14. On March 23, 2016, PBGC published notice of AAA's 
Request for Approval of Alternative Arbitration Procedure to advise 
interested persons of the request and solicit their views on it (81 FR 
15578). The comments that PBGC received in response to AAA's request 
are available for viewing at: http://www.pbgc.gov/prac/pg/other/guidance/multiemployer-notices.html or https://www.regulations.gov/document?D=PBGC-2016-0001-0001.
    PBGC provided AAA with an opportunity to respond to the comments 
submitted in response to AAA's request, as it deemed appropriate. On 
March 30, 2017, AAA responded to the comments; the response can be 
viewed at: http://www.pbgc.gov/prac/pg/other/guidance/multiemployer-notices.html.
    All interested persons are invited to submit written comments to 
AAA's March 30, 2017 letter.
    All comments will be made part of the administrative record.

    Issued in Washington, DC.
W. Thomas Reeder,
Director, Pension Benefit Guaranty Corporation.
[FR Doc. 2017-12149 Filed 6-12-17; 8:45 am]
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