82 FR 29236 - Definition of Employee Pension Benefit Plan Under ERISA
DEPARTMENT OF LABOR
Employee Benefits Security Administration Federal Register Volume 82, Issue 123 (June 28, 2017)
Employee Benefits Security Administration
Federal Register Volume 82, Issue 123 (June 28, 2017)
| Page Range | 29236-29237 | |
| FR Document | 2017-13459 |
[Federal Register Volume 82, Number 123 (Wednesday, June 28, 2017)] [Rules and Regulations] [Pages 29236-29237] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-13459] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF LABOR Employee Benefits Security Administration 29 CFR Part 2510 RIN 1210-AB76 Definition of Employee Pension Benefit Plan Under ERISA AGENCY: Employee Benefits Security Administration, Department of Labor. ACTION: Final rule; CRA Revocation. ----------------------------------------------------------------------- SUMMARY: Under the Congressional Review Act, Congress has passed, and the President has signed resolutions of disapproval of Savings Arrangements Established by States for Non-Governmental Employees and Savings Arrangements Established by Qualified State Political Subdivisions for Non-Governmental Employees, as codified in the Code of Federal Regulations. The Employee Benefits Security Administration (EBSA) published these final rules in 2016, effective October 31, 2016 and January 19, 2017, respectively. Because these resolutions invalidate these final rules, EBSA is hereby removing these final rules from the Code of Federal Regulations. DATES: This action is effective June 28, 2017. FOR FURTHER INFORMATION CONTACT: Jeffrey J. Turner, Office of Regulations and Interpretations, Employee Benefits Security Administration, (202) 693-8500. This is not a toll-free number. SUPPLEMENTARY INFORMATION: On August 30, 2016, the Department issued a final rule entitled Savings Arrangements Established by States for Non- Governmental Employees (81 FR 59464, Aug. 30, 2016). The final rule, which became effective on October 31, 2016, amended an existing rule defining ``employee pension benefit plans'' for purposes of ERISA (29 CFR part 2510, Sec. 2510.3-2) in order to add a safe harbor for certain state-established savings arrangements. Subsequently, on December 20, 2016, the Department issued another final rule entitled Savings Arrangements Established by Qualified State Political Subdivisions for Non-Governmental Employees (81 FR 92639, Dec. 20, 2016), which amended the August 30, 2016, final rule to expand the safe harbor to savings [[Page 29237]] arrangements established by qualified state political subdivisions. The December 20, 2016, final rule became effective on January 19, 2017. (81 FR 59464, Aug. 30, 2016). On February 15, 2017, the United States House of Representatives, under authority of the Congressional Review Act (5 U.S.C. 801 et seq.), passed joint resolution H.J. Res. 66 disapproving the August 30, 2016, final rule published in 81 FR 59464. (Cong. Rec. p. H1206-1218.) The Senate passed H.J. Res. 66 on May 3, 2017. (Cong. Rec. p. S2692-2712.) President Trump signed the resolution into law on May 17, 2017, as Public Law 115-35. Also on February 15, 2017, the United States House of Representatives, under authority of the Congressional Review Act, passed joint resolution H.J. Res. 67 disapproving the December 20, 2016, final rule published in 81 FR 92639. (Cong. Rec. p. H1218.) The Senate passed H.J. Res. 67 on March 30, 2017 (Cong. Rec. p. S2121- 2122.), and President Trump signed it into law on April 13, 2017, as Public Law 115-24. Accordingly, as required by Public Law 115-35 and Public Law 115-24, the Department is hereby revising the Code of Federal Regulations to reflect Congress's disapproval of both final rules. List of Subjects in 29 CFR Part 2510 Accounting, Coverage, Employee benefit plans, Employee Retirement Income Security Act, Pensions, Reporting. For the reasons stated above and under the authority of the Congressional Review Act (5 U.S.C. 801 et seq.), Public Law 115-35 (May 17, 2017), and Public Law 115-24 (April 13, 2017), the Department of Labor amends 29 CFR part 2510 as follows: PART 2510--DEFINITIONS OF TERMS USED IN SUBCHAPTERS C, D, E, F, G, AND L OF THIS CHAPTER 0 1. The authority citation for part 2510 continues to read as follows: Authority: 29 U.S.C. 1002(2), 1002(21), 1002(37), 1002(38), 1002(40), 1031, and 1135; Secretary of Labor's Order No. 1-2011, 77 FR 1088 (Jan. 9, 2012); Secs. 2510.3-21, 2510.3-101 and 2510.3-102 also issued under sec. 102 of Reorganization Plan No. 4 of 1978, 5 U.S.C. App. at 237 (2012), E.O. 12108, 44 FR 1065 (Jan. 3, 1979) and 29 U.S.C. 1135 note. Sec. 2510.3-38 is also issued under sec. 1, Pub. L. 105-72, 111 Stat. 1457 (1997). 0 2. Amend Sec. 2510.3-2 by revising paragraph (a) and removing paragraph (h) to read as follows: Sec. 2510.3-2 Employee pension benefit plan. (a) General. This section clarifies the limits of the defined terms ``employee pension benefit plan'' and ``pension plan'' for purposes of Title I of the Act and this chapter by identifying certain specific plans, funds and programs which do not constitute employee pension benefit plans for those purposes. To the extent that these plans, funds and programs constitute employee welfare benefit plans within the meaning of section 3(1) of the Act and Sec. 2510.3-1, they will be covered under Title I; however, they will not be subject to parts 2 and 3 of Title I of the Act. * * * * * Signed at Washington, DC, this 22nd day of June, 2017. Timothy D. Hauser, Deputy Assistant Secretary for Program Operations, Employee Benefits Security Administration, Department of Labor. [FR Doc. 2017-13459 Filed 6-27-17; 8:45 am] BILLING CODE 4510-29-P
![29236 Federal Register / Vol. 82, No. 123 / Wednesday, June 28, 2017 / Rules and Regulations
average electricity cost of __ cents per (4) The package or any label attached with such product (including packaging
kWh and natural gas cost of $ __ per to the package for each showerhead or and point-of-sale material, catalog
therm. faucet shall contain at least the material, and print advertising) shall
ftc.gov/energy. following: The flow rate expressed in include, in a conspicuous manner, the
* * * * * gallons per minute (gpm) or gallons per words ‘‘For Commercial Use Only.’’
■ 3. In § 305.13, revise paragraph cycle (gpc), and the flow rate value shall * * * * *
(a)(1)(xii), as added September 15, 2015, be the actual flow rate or the maximum
at 81 FR 63649, and effective September flow rate specified by the standards ■ 5. In § 305.20, revise paragraph
17, 2018, to read as follows: established in subsection (j) of section (b)(1)(i)(F) to read as follows:
325 of the Act, 42 U.S.C. 6295(j). Each
§ 305.13 Labeling for ceiling fans. flow rate disclosure shall also be given § 305.20 Paper catalogs and Web sites.
(a) * * * in liters per minute (L/min) or liters per * * * * *
(1) * * * cycle (L/cycle). (b) * * *
(xii) For fans from 19 or more inches (b) * * *
and less than or equal to 84 inches in (3) The package, and any labeling (1) * * *
diameter, the label shall display a cost attached to the package, for each water (i) * * *
range of $3 to $34 along with the closet and urinal shall disclose the flow (F) Televisions. The estimated annual
statement underneath the range ‘‘Cost rate, expressed in gallons per flush (gpf), operating cost determined in accordance
Range of Similar Models (19″–84″). and the water use value shall be the with § 305.5 and a disclosure stating
* * * * * actual water use or the maximum water
‘‘Your energy cost depends on your
■ 4. In § 305.16, effective July 28, 2017, use specified by the standards
utility rates and use. The estimated cost
revise paragraphs (a)(3) and (4) and established in subsection (k) of section
is based on 12 cents per kWh and 5
(b)(3) and (4) to read as follows: 325 of the Act, 42 U.S.C. 6295(k). Each
hours of use per day. For more
flow rate disclosure shall also be given
information, visit www.ftc.gov/energy.’’
§ 305.16 Labeling and marking for in liters per flush (Lpf).
plumbing products. (4) With respect to any gravity tank- * * * * *
(a) * * * type white 2-piece toilet offered for sale ■ 6. Revise appendix D5 to read as
(3) The package for each showerhead or sold before January 1, 1997, which follows:
and faucet shall disclose the has a water use greater than 1.6 gallons
manufacturer’s name and the model per flush (gpf), any printed matter Appendix D5 to Part 305—Water
number. distributed or displayed in connection Heaters—Instantaneous—Electric
RANGE INFORMATION
Range of estimated annual
energy costs
Capacity (dollars/year)
Low High
Capacity (maximum flow rate); gallons per minute (gpm):
‘‘Very Small’’—less than 1.6 ............................................................................................................................. $72 $74
‘‘Low’’—1.7 to 2.7 ............................................................................................................................................. * *
‘‘Medium’’—2.8 to 3.9 ....................................................................................................................................... * *
‘‘High’’—over 4.0 .............................................................................................................................................. * *
By direction of the Commission. SUMMARY: Under the Congressional Security Administration, (202) 693–
Donald S. Clark, Review Act, Congress has passed, and 8500. This is not a toll-free number.
Secretary. the President has signed resolutions of SUPPLEMENTARY INFORMATION: On August
[FR Doc. 2017–13469 Filed 6–27–17; 8:45 am] disapproval of Savings Arrangements 30, 2016, the Department issued a final
BILLING CODE 6750–01–P
Established by States for Non- rule entitled Savings Arrangements
Governmental Employees and Savings Established by States for Non-
Arrangements Established by Qualified Governmental Employees (81 FR 59464,
State Political Subdivisions for Non- Aug. 30, 2016). The final rule, which
DEPARTMENT OF LABOR Governmental Employees, as codified in became effective on October 31, 2016,
the Code of Federal Regulations. The amended an existing rule defining
Employee Benefits Security Employee Benefits Security ‘‘employee pension benefit plans’’ for
Administration Administration (EBSA) published these purposes of ERISA (29 CFR part 2510,
final rules in 2016, effective October 31, § 2510.3–2) in order to add a safe harbor
29 CFR Part 2510 2016 and January 19, 2017, respectively. for certain state-established savings
Because these resolutions invalidate arrangements. Subsequently, on
RIN 1210–AB76 these final rules, EBSA is hereby December 20, 2016, the Department
removing these final rules from the issued another final rule entitled
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Definition of Employee Pension Benefit Code of Federal Regulations. Savings Arrangements Established by
Plan Under ERISA DATES: This action is effective June 28, Qualified State Political Subdivisions
AGENCY: Employee Benefits Security 2017. for Non-Governmental Employees (81
Administration, Department of Labor. FOR FURTHER INFORMATION CONTACT: FR 92639, Dec. 20, 2016), which
Jeffrey J. Turner, Office of Regulations amended the August 30, 2016, final rule
ACTION: Final rule; CRA Revocation.
and Interpretations, Employee Benefits to expand the safe harbor to savings
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![Federal Register / Vol. 82, No. 123 / Wednesday, June 28, 2017 / Rules and Regulations 29237
arrangements established by qualified pension benefit plan’’ and ‘‘pension SUMMARY: The Coast Guard will enforce
state political subdivisions. The plan’’ for purposes of Title I of the Act a safety zone for the City of Cleveland
December 20, 2016, final rule became and this chapter by identifying certain 4th of July, on Lake Erie and the
effective on January 19, 2017. (81 FR specific plans, funds and programs Cleveland Harbor from 9:30 p.m.
59464, Aug. 30, 2016). which do not constitute employee through 11 p.m. on Tuesday, July 4th,
On February 15, 2017, the United pension benefit plans for those 2017. This action is necessary to
States House of Representatives, under purposes. To the extent that these plans, provide for the safety of life and
authority of the Congressional Review funds and programs constitute property on navigable waters during this
Act (5 U.S.C. 801 et seq.), passed joint employee welfare benefit plans within event. Our regulation for Annual
resolution H.J. Res. 66 disapproving the the meaning of section 3(1) of the Act Fireworks Events in the Captain of the
August 30, 2016, final rule published in and § 2510.3–1, they will be covered Port Buffalo Zone identifies the safety
81 FR 59464. (Cong. Rec. p. H1206– under Title I; however, they will not be zone for this event. During the
1218.) The Senate passed H.J. Res. 66 on subject to parts 2 and 3 of Title I of the enforcement period, no person or vessel
May 3, 2017. (Cong. Rec. p. S2692– Act. may enter the respective safety zone
2712.) President Trump signed the * * * * * without the permission of the Captain of
resolution into law on May 17, 2017, as the Port Buffalo.
Public Law 115–35. Also on February Signed at Washington, DC, this 22nd day
of June, 2017. DATES: The regulation in 33 CFR
15, 2017, the United States House of 165.939(a)(25) will be enforced from
Representatives, under authority of the Timothy D. Hauser,
9:30 p.m. through 11 p.m. on July 4,
Congressional Review Act, passed joint Deputy Assistant Secretary for Program
2017.
resolution H.J. Res. 67 disapproving the Operations, Employee Benefits Security
Administration, Department of Labor. FOR FURTHER INFORMATION CONTACT: If
December 20, 2016, final rule published
[FR Doc. 2017–13459 Filed 6–27–17; 8:45 am] you have questions on this notice of
in 81 FR 92639. (Cong. Rec. p. H1218.)
enforcement, call or email LT Ryan
The Senate passed H.J. Res. 67 on March BILLING CODE 4510–29–P
30, 2017 (Cong. Rec. p. S2121–2122.), Junod, Coast Guard; telephone 216–
and President Trump signed it into law 937–0124, email ryan.s.junod@uscg.mil.
on April 13, 2017, as Public Law 115– CENTRAL INTELLIGENCE AGENCY SUPPLEMENTARY INFORMATION: The Coast
24. Accordingly, as required by Public Guard will enforce the Safety Zones;
Law 115–35 and Public Law 115–24, the 32 CFR Part 1908 Annual Fireworks Events in the Captain
Department is hereby revising the Code of the Port Buffalo Zone listed in 33 CFR
Mandatory Declassification Review 165.939 for the following event:
of Federal Regulations to reflect
Congress’s disapproval of both final CFR Correction City of Cleveland 4th of July,
rules. Cleveland, OH; The safety zone listed in
In Title 32 of the Code of Federal 33 CFR 165.939(a)(25) will be enforced
List of Subjects in 29 CFR Part 2510 Regulations, Part 800 to end, revised as from 9:30 p.m. through 11 p.m. on July
Accounting, Coverage, Employee of July 1, 2016, on page 474, revise 4, 2017. The safety zone will encompass
benefit plans, Employee Retirement § 1908.04 to read as follows: all navigable waters of Lake Erie and
Income Security Act, Pensions, § 1908.04 Suggestions and complaints. Cleveland Harbor within a 1,000 foot
Reporting. The Agency welcomes suggestions, radius of land position 41°30′10″ N.,
For the reasons stated above and comments, or complaints with regard to 081°42′36″ W. (NAD 83) at Dock 20 in
under the authority of the Congressional its administration of the mandatory Cleveland, OH. This action is necessary
Review Act (5 U.S.C. 801 et seq.), Public declassification review program to provide for the safety of life and
Law 115–35 (May 17, 2017), and Public established under Executive Order property on navigable waters during this
Law 115–24 (April 13, 2017), the 13526. Members of the public shall event. Pursuant to 33 CFR 165.23, entry
Department of Labor amends 29 CFR address such communications to the into, transiting, or anchoring within
part 2510 as follows: CIA Information and Privacy these safety zones during an
Coordinator. The Agency will respond enforcement period is prohibited unless
PART 2510—DEFINITIONS OF TERMS as determined feasible and appropriate authorized by the Captain of the Port
USED IN SUBCHAPTERS C, D, E, F, G, under the circumstances. Buffalo or his designated representative.
AND L OF THIS CHAPTER Those seeking permission to enter one
[FR Doc. 2017–13496 Filed 6–27–17; 8:45 am]
of these safety zones may request
■ 1. The authority citation for part 2510 BILLING CODE 1300–00–D permission from the Captain of Port
continues to read as follows: Buffalo via channel 16, VHF–FM.
Authority: 29 U.S.C. 1002(2), 1002(21), Vessels and persons granted permission
1002(37), 1002(38), 1002(40), 1031, and 1135; DEPARTMENT OF HOMELAND to enter this safety zone shall obey the
Secretary of Labor’s Order No. 1–2011, 77 FR SECURITY directions of the Captain of the Port
1088 (Jan. 9, 2012); Secs. 2510.3–21, 2510.3– Buffalo or his designated representative.
101 and 2510.3–102 also issued under sec. Coast Guard
102 of Reorganization Plan No. 4 of 1978, 5 While within the safety zone, all vessels
U.S.C. App. at 237 (2012), E.O. 12108, 44 FR shall operate at the minimum speed
33 CFR Part 165
1065 (Jan. 3, 1979) and 29 U.S.C. 1135 note. necessary to maintain a safe course.
Sec. 2510.3–38 is also issued under sec. 1, [Docket No. USCG–2017–0258] This notice of enforcement is issued
Pub. L. 105–72, 111 Stat. 1457 (1997). under authority of 33 CFR 165.939 and
Safety Zones; Annual Fireworks 5 U.S.C. 552(a). In addition to this
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■ 2. Amend § 2510.3–2 by revising
Events in the Captain of the Port notification in the Federal Register, the
paragraph (a) and removing paragraph
Buffalo Zone Coast Guard will provide the maritime
(h) to read as follows:
AGENCY: Coast Guard, DHS. community with advance notification of
§ 2510.3–2 Employee pension benefit plan. these enforcement periods via Broadcast
ACTION: Notice of enforcement of
(a) General. This section clarifies the Notice to Mariners and Local Notice to
regulation.
limits of the defined terms ‘‘employee Mariners. If the Captain of the Port
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Document Created: 2017-06-28 01:10:06
Document Modified: 2017-06-28 01:10:06
| 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 | Rules and Regulations | |
| Action | Final rule; CRA Revocation. | |
| Dates | This action is effective June 28, 2017. | |
| Contact | Jeffrey J. Turner, Office of Regulations and Interpretations, Employee Benefits Security Administration, (202) 693-8500. This is not a toll-free number. | |
| FR Citation | 82 FR 29236 | |
| RIN Number | 1210-AB76 | |
| CFR Associated | Accounting; Coverage; Employee Benefit Plans; Employee Retirement Income Security Act; Pensions and Reporting |
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