82 FR 28364 - Submission of Information Collections for OMB Review; Comment Request; Multiemployer Plan Regulations
PENSION BENEFIT GUARANTY CORPORATION Federal Register Volume 82, Issue 118 (June 21, 2017)
Federal Register Volume 82, Issue 118 (June 21, 2017)
| Page Range | 28364-28366 | |
| FR Document | 2017-12923 |
[Federal Register Volume 82, Number 118 (Wednesday, June 21, 2017)] [Notices] [Pages 28364-28366] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-12923] ----------------------------------------------------------------------- PENSION BENEFIT GUARANTY CORPORATION Submission of Information Collections for OMB Review; Comment Request; Multiemployer Plan Regulations AGENCY: Pension Benefit Guaranty Corporation. ACTION: Notice of request for extension of OMB approval. ----------------------------------------------------------------------- SUMMARY: The Pension Benefit Guaranty Corporation (PBGC) is requesting 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. This notice informs the public of PBGC's request and solicits public comment on the collections of information. DATES: Comments must be submitted on or before July 21, 2017. 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 [email protected] 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, Pension Benefit Guaranty Corporation, 1200 K Street NW., Washington, DC 20005-4026, or by 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 http://www.reginfo.gov. FOR FURTHER INFORMATION CONTACT: Hilary Duke ([email protected]), 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 202-326-4400, extension 3839.) SUPPLEMENTARY INFORMATION: 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. OMB has approved and issued control numbers for seven collections of information in PBGC's regulations on multiemployer plans under the Employee Retirement Income Security Act (ERISA). These collections of information are described below. OMB approvals for these collections of information expire June 30, 2017. PBGC is requesting that OMB extend its approval of these collections of information for three years. The collections of information for which PBGC is requesting extension of OMB approval are as follows: [[Page 28365]] 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. Section 4203(f) further provides that the regulations may permit use of special rules (1) only in industries that PBGC finds have appropriate characteristics and (2) only in instances where PBGC determines that use of such rules will not pose a significant risk to the multiemployer insurance system administered by PBGC. PBGC's regulation on Extension of Special Withdrawal Liability Rules (29 CFR part 4203) 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. 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. PBGC's regulation on Variances for Sale of Assets (29 CFR part 4204) 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 PBGC's regulation on Reduction or Waiver of Complete Withdrawal Liability (29 CFR part 4207), 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 PBGC's regulation on Reduction or Waiver of Partial Withdrawal Liability (29 CFR part 4208), 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. PBGC's regulation on Allocating Unfunded Vested Benefits to Withdrawing Employers (29 CFR part 4211) 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.'' A mass withdrawal occurs in two situations: the termination of a plan by the withdrawal of every employer from the plan and the withdrawal of substantially all employers from the plan pursuant to an agreement or arrangement to withdraw. ERISA section 4209(c) deals with an employer's liability for de minimis amounts if substantially all employers withdraw, regardless of the occurrence of a mass withdrawal. The reporting requirements in PBGC's regulation on Notice, Collection, and Redetermination of Withdrawal [[Page 28366]] Liability (29 CFR part 4219) give employers notice and advise them of their rights and liabilities if there is a mass withdrawal or if substantially all employers withdraw. The reporting requirements 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 each year there are six mass withdrawals and three withdrawals in which substantially all employers withdraw. 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 withdrawal in which substantially all employers withdraw, 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. PBGC's regulation on Procedures for PBGC Approval of Plan Amendments (29 CFR part 4220) 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 collection of information is 0.5 hours and $5,000 dollars. Issued in Washington, DC. Deborah Chase Murphy, Assistant General Counsel for Regulatory Affairs, Pension Benefit Guaranty Corporation. [FR Doc. 2017-12923 Filed 6-20-17; 8:45 am] BILLING CODE P
![28364 Federal Register / Vol. 82, No. 118 / Wednesday, June 21, 2017 / Notices
vital feedback from customers and behavior and attitudes, religious beliefs, SUMMARY: The Pension Benefit Guaranty
stakeholders on PBGC’s services would and other matters that are commonly Corporation (PBGC) is requesting that
be unavailable. considered private. the Office of Management and Budget
PBGC only submits a collection for Annually, over the next three years, (OMB) extend approval, under the
approval under this generic clearance if PBGC estimates that it will conduct Paperwork Reduction Act, of collections
it meets the following conditions: three activities involving about 1,630 of information in PBGC’s regulations on
• The collections are voluntary; respondents, each of whom will provide multiemployer plans. This notice
• The collections are low-burden for one response. The number of informs the public of PBGC’s request
respondents (based on considerations of respondents will vary by activity: 40 for
total burden hours, total number of and solicits public comment on the
usability testing, 90 for focus groups collections of information.
respondents, or burden-hours per (nine groups of ten respondents), and
respondent) and are low-cost for both 1,500 for customer satisfaction surveys. DATES: Comments must be submitted on
the respondents and the Federal PBGC estimates the annual burden of or before July 21, 2017.
Government; this collection of information as 635
• The collections are non- ADDRESSES: Comments should be sent to
hours: 2 hours per response for usability
controversial and do not raise issues of testing (total 80 hours); 2 hours per the Office of Information and Regulatory
concern to other Federal agencies; response for focus groups (total 180 Affairs, Office of Management and
• Any collection is targeted to the hours); and 15 minutes per response for Budget, Attention: Desk Officer for
solicitation of opinions from customer satisfaction surveys (total 375 Pension Benefit Guaranty Corporation,
respondents who have experience with hours). via electronic mail at OIRA_DOCKET@
the program or may have experience An agency may not conduct or omb.eop.gov or by fax to 202–395–6974.
with the program in the near future; sponsor, and a person is not required to A copy of PBGC’s request may be
• Personally identifiable information respond to, a collection of information obtained without charge by writing to
(PII) is collected only to the extent unless it displays a currently valid OMB the Disclosure Division of the Office of
necessary and is not retained; control number.
• Information gathered will be used the General Counsel, Pension Benefit
PBGC is soliciting public comments Guaranty Corporation, 1200 K Street
only internally for general service to—
improvement and program management NW., Washington, DC 20005–4026, or
• Evaluate whether the collection of by calling 202–326–4040 during normal
purposes and is not intended for release information is necessary for the proper
outside of the agency; business hours. (TTY and TDD users
performance of the functions of the
• Information gathered will not be agency, including whether the
may call the Federal relay service toll-
used for the purpose of substantially free at 1–800–877–8339 and ask to be
information will have practical utility;
informing influential policy decisions; • Evaluate the accuracy of the connected to 202–326–4040.) The
and agency’s estimate of the burden of the request is also available at http://
• Information gathered will yield www.reginfo.gov.
collection of information, including the
qualitative information; the collections
validity of the methodology and FOR FURTHER INFORMATION CONTACT:
will not be designed or expected to
assumptions used; Hilary Duke (duke.hilary@pbgc.gov),
yield statistically reliable results or used
• Enhance the quality, utility, and
as though the results are generalizable to Attorney, Regulatory Affairs Group,
clarity of the information to be
the population of interest. Office of the General Counsel, Pension
collected; and
As noted, feedback collected under Benefit Guaranty Corporation, 1200 K
• Minimize the burden of the
this generic clearance does not produce Street NW., Washington DC 20005–
collection of information on those who
results generalizable to the population 4026; 202–326–4400, extension 3839.
are to respond, including the use of
of interest. This type of generic (TTY and TDD users may call the
appropriate automated, electronic,
clearance for qualitative information Federal relay service toll-free at 800–
mechanical, or other technological
will not be used for quantitative 877–8339 and ask to be connected to
collection techniques or other forms of
information collections that are 202–326–4400, extension 3839.)
information technology, e.g., permitting
designed to yield reliably actionable
electronic submission of responses. SUPPLEMENTARY INFORMATION: An agency
results, such as monitoring trends over
time or documenting program Issued in Washington, DC. may not conduct or sponsor, and a
performance. Collections with such Deborah Chase Murphy, person is not required to respond to, a
objectives require more rigorous designs Assistant General Counsel for Regulatory collection of information unless it
that address: The target population to Affairs, Pension Benefit Guaranty displays a currently valid OMB control
which generalizations will be made, the Corporation. number. OMB has approved and issued
sampling frame, the sample design [FR Doc. 2017–12924 Filed 6–20–17; 8:45 am] control numbers for seven collections of
(including stratification and clustering), BILLING CODE 7709–02–P information in PBGC’s regulations on
the precision requirements or power multiemployer plans under the
calculations that justify the proposed Employee Retirement Income Security
sample size, the expected response rate, PENSION BENEFIT GUARANTY Act (ERISA). These collections of
methods for assessing potential non- CORPORATION
information are described below. OMB
asabaliauskas on DSKBBXCHB2PROD with NOTICES
response bias, the protocols for data approvals for these collections of
collection, and any testing procedures Submission of Information Collections
for OMB Review; Comment Request; information expire June 30, 2017. PBGC
that were or will be undertaken prior to is requesting that OMB extend its
fielding the study. Multiemployer Plan Regulations
approval of these collections of
As a general matter, information AGENCY: Pension Benefit Guaranty
collections will not result in any new information for three years.
Corporation.
system of records containing privacy The collections of information for
ACTION: Notice of request for extension
information and will not ask questions which PBGC is requesting extension of
of OMB approval.
of a sensitive nature, such as sexual OMB approval are as follows:
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![28366 Federal Register / Vol. 82, No. 118 / Wednesday, June 21, 2017 / Notices
Liability (29 CFR part 4219) give Issued in Washington, DC. the interests of the general public in the
employers notice and advise them of Deborah Chase Murphy, proceeding, pursuant to 39 U.S.C. 505
their rights and liabilities if there is a Assistant General Counsel for Regulatory (Public Representative). Section II also
mass withdrawal or if substantially all Affairs, Pension Benefit Guaranty establishes comment deadline(s)
employers withdraw. The reporting Corporation. pertaining to each request.
requirements also provide notice to [FR Doc. 2017–12923 Filed 6–20–17; 8:45 am] The public portions of the Postal
PBGC so that it can monitor the plan, BILLING CODE P Service’s request(s) can be accessed via
and they help PBGC assess the possible the Commission’s Web site (http://
www.prc.gov). Non-public portions of
impact of a withdrawal event on
POSTAL REGULATORY COMMISSION the Postal Service’s request(s), if any,
participants and the multiemployer plan
can be accessed through compliance
insurance program. [Docket Nos. MC2017–148 and CP2017–209; with the requirements of 39 CFR
PBGC estimates that each year there MC2017–149 and CP2017–210; MC2017–150 3007.40.
are six mass withdrawals and three and CP2017–211; MC2017–151 and CP2017– The Commission invites comments on
212; CP2017–213] whether the Postal Service’s request(s)
withdrawals in which substantially all
employers withdraw. The plan sponsor New Postal Products in the captioned docket(s) are consistent
of a plan subject to a withdrawal with the policies of title 39. For
covered by the regulation provides AGENCY: Postal Regulatory Commission. request(s) that the Postal Service states
notices of the withdrawal to PBGC and ACTION: Notice. concern market dominant product(s),
to employers covered by the plan, applicable statutory and regulatory
SUMMARY: The Commission is noticing a requirements include 39 U.S.C. 3622, 39
liability assessments to the employers,
recent Postal Service filing for the U.S.C. 3642, 39 CFR part 3010, and 39
and a certification to PBGC that
Commission’s consideration concerning CFR part 3020, subpart B. For request(s)
assessments have been made. (For a negotiated service agreements. This that the Postal Service states concern
mass withdrawal, there are two notice informs the public of the filing, competitive product(s), applicable
assessments and two certifications that invites public comment, and takes other statutory and regulatory requirements
deal with two different types of liability. administrative steps. include 39 U.S.C. 3632, 39 U.S.C. 3633,
For a withdrawal in which substantially DATES: Comments are due: June 23, 39 U.S.C. 3642, 39 CFR part 3015, and
all employers withdraw, there is one 2017. 39 CFR part 3020, subpart B. Comment
assessment and one certification deadline(s) for each request appear in
(combined with the withdrawal notice ADDRESSES: Submit comments
section II.
to PBGC).) The estimated annual burden electronically via the Commission’s
of the collection of information is 45 Filing Online system at http:// II. Docketed Proceeding(s)
www.prc.gov. Those who cannot submit 1. Docket No(s).: MC2017–148 and
hours and $132,000.
comments electronically should contact CP2017–209; Filing Title: Request of the
7. Procedures for PBGC Approval of the person identified in the FOR FURTHER United States Postal Service to Add
Plan Amendments (29 CFR Part 4220) INFORMATION CONTACT section by Priority Mail & First-Class Package
(OMB Control Number 1212–0031) telephone for advice on filing Service Contract 45 to Competitive
alternatives. Product List and Notice of Filing (Under
Under section 4220 of ERISA, a plan
FOR FURTHER INFORMATION CONTACT: Seal) of Unredacted Governors’
may within certain limits adopt special Decision, Contract, and Supporting
David A. Trissell, General Counsel, at
plan rules regarding when a withdrawal 202–789–6820. Data; Filing Acceptance Date: June 15,
from the plan occurs and how the 2017; Filing Authority: 39 U.S.C. 3642
SUPPLEMENTARY INFORMATION:
withdrawing employer’s withdrawal and 39 CFR 3020.30 et seq.; Public
liability is determined. Any such special Table of Contents Representative: Jennaca D. Upperman;
rule is effective only if, within 90 days I. Introduction Comments Due: June 23, 2017.
after receiving notice and a copy of the II. Docketed Proceeding(s) 2. Docket No(s).: MC2017–149 and
rule, PBGC either approves or fails to CP2017–210; Filing Title: Request of the
disapprove the rule. I. Introduction United States Postal Service to Add
PBGC’s regulation on Procedures for The Commission gives notice that the Priority Mail Express Contract 49 to
PBGC Approval of Plan Amendments Postal Service filed request(s) for the Competitive Product List and Notice of
(29 CFR part 4220) provides rules for Commission to consider matters related Filing (Under Seal) of Unredacted
to negotiated service agreement(s). The Governors’ Decision, Contract, and
requesting PBGC’s approval of an
request(s) may propose the addition or Supporting Data; Filing Acceptance
amendment. PBGC needs the required
removal of a negotiated service Date: June 15, 2017; Filing Authority: 39
information to identify the plan,
agreement from the market dominant or U.S.C. 3642 and 39 CFR 3020.30 et seq.;
evaluate the risk of loss, if any, posed the competitive product list, or the Public Representative: Jennaca D.
by the plan amendment, and determine modification of an existing product Upperman; Comments Due: June 23,
whether to approve or disapprove the currently appearing on the market 2017.
amendment. dominant or the competitive product 3. Docket No(s).: MC2017–150 and
asabaliauskas on DSKBBXCHB2PROD with NOTICES
PBGC estimates that at most one plan list. CP2017–211; Filing Title: Request of the
sponsor submits an approval request per Section II identifies the docket United States Postal Service to Add
year under this regulation. The number(s) associated with each Postal Priority Mail Contract 329 to
estimated annual burden of the Service request, the title of each Postal Competitive Product List and Notice of
collection of information is 0.5 hours Service request, the request’s acceptance Filing (Under Seal) of Unredacted
and $5,000 dollars. date, and the authority cited by the Governors’ Decision, Contract, and
Postal Service for each request. For each Supporting Data; Filing Acceptance
request, the Commission appoints an Date: June 15, 2017; Filing Authority: 39
officer of the Commission to represent U.S.C. 3642 and 39 CFR 3020.30 et seq.;
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Document Created: 2018-11-14 10:08:35
Document Modified: 2018-11-14 10:08:35
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of request for extension of OMB approval. | |
| Dates | Comments must be submitted on or before July 21, 2017. | |
| Contact | Hilary Duke ([email protected]), 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 202-326-4400, extension 3839.) | |
| FR Citation | 82 FR 28364 |
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