82_FR_46101 82 FR 45912 - Proposed Submission of Information Collection for OMB Review; Comment Request; Termination of Single-Employer Plans, Missing Participants

82 FR 45912 - Proposed Submission of Information Collection for OMB Review; Comment Request; Termination of Single-Employer Plans, Missing Participants

PENSION BENEFIT GUARANTY CORPORATION

Federal Register Volume 82, Issue 189 (October 2, 2017)

Page Range45912-45913
FR Document2017-20927

Pension Benefit Guaranty Corporation (``PBGC'') intends to request that the Office of Management and Budget (``OMB'') extend approval (with modifications), under the Paperwork Reduction Act of 1995, of a collection of information in its regulations on Termination of Single-Employer Plans and Missing Participants, and implementing forms and instructions. This notice informs the public of PBGC's intent and solicits public comment on the collection of information.

Federal Register, Volume 82 Issue 189 (Monday, October 2, 2017)
[Federal Register Volume 82, Number 189 (Monday, October 2, 2017)]
[Notices]
[Pages 45912-45913]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20927]


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PENSION BENEFIT GUARANTY CORPORATION


Proposed Submission of Information Collection for OMB Review; 
Comment Request; Termination of Single-Employer Plans, Missing 
Participants

AGENCY: Pension Benefit Guaranty Corporation.

ACTION: Notice of intent to request extension of OMB approval.

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

SUMMARY: Pension Benefit Guaranty Corporation (``PBGC'') intends to 
request that the Office of Management and Budget (``OMB'') extend 
approval (with modifications), under the Paperwork Reduction Act of 
1995, of a collection of information in its regulations on Termination 
of Single-Employer Plans and Missing Participants, and implementing 
forms and instructions. This notice informs the public of PBGC's intent 
and solicits public comment on the collection of information.

DATES: Comments should be submitted by December 1, 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: Office of General Counsel, Pension 
Benefit Guaranty Corporation, 1200 K Street NW., Washington, DC 20005-
4026.
    PBGC will make all comments available on its Web site at 
www.pbgc.gov.
    Copies of the collection of information may be obtained without 
charge by writing to the Disclosure Division of the Office of the 
General Counsel of PBGC at the above address or by visiting that office 
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.) The regulations and forms and 
instructions relating to this collection of information are available 
on PBGC's Web site at www.pbgc.gov.

FOR FURTHER INFORMATION CONTACT: Jo Amato Burns 
([email protected]), Regulatory Affairs Division, Office of the 
General Counsel, Pension Benefit Guaranty Corporation, 1200 K Street 
NW., Washington, DC 20005-4026, 202 326-4400, ext. 3072, or Daniel S. 
Liebman ([email protected]), Acting Assistant General Counsel, 
same address and phone number, ext. 6510. 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.

SUPPLEMENTARY INFORMATION: Under section 4041 of the Employee 
Retirement Income Security Act of 1974, as amended, a single-employer 
pension plan may terminate voluntarily only if it satisfies the 
requirements for either a standard or a distress termination. Pursuant 
to ERISA section 4041(b), for standard terminations, and section 
4041(c), for distress terminations, and PBGC's termination regulation 
(29 CFR part 4041), a plan administrator wishing to terminate a plan is 
required to submit specified information to PBGC in support of the 
proposed termination and to provide specified information regarding the 
proposed termination to third parties (participants, beneficiaries, 
alternate payees, and employee organizations). In the case of a plan 
with participants or beneficiaries who cannot be located when their 
benefits are to be distributed, the plan administrator is subject to 
the requirements of ERISA section 4050 and PBGC's regulation on missing 
participants (29 CFR part 4050). These regulations may be found on 
PBGC's Web site at http://www.pbgc.gov/res/laws-and-regulations/code-of-federal-regulations.html.
    The collection of information under these regulations and the 
implementing forms and instructions has been approved by OMB under 
control number 1212-0036 (expires November 30, 2017). PBGC is 
requesting that OMB extend its approval for three years, with 
modifications. 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 proposing to provide that the plan administrator of a plan 
terminating in a standard termination, or a distress termination that 
closes out in the private sector, may submit termination forms 
electronically (scanned and emailed or faxed), rather than by mail or

[[Page 45913]]

personal delivery only. PBGC is proposing this new submission provision 
to increase the ease of submission for plan administrators.
    In addition, PBGC is proposing to include an opportunity for plan 
sponsors to contact PBGC for a pre-filing consultation to discuss the 
filing process and ensure the filing of a distress termination is 
appropriate given the sponsor's specific circumstances. This 
consultation will assist PBGC and the plan sponsor in exploring whether 
a waiver of one or more filing obligations is appropriate, identifying 
potential issues preventing a distress termination of a particular 
plan, and may indicate that commencement of an agency-initiated 
termination of the pension plan is warranted. This consultation will be 
voluntary and will result in little or no added burden on the plan 
sponsor.
    PBGC estimates that 1,276 plan administrators will be subject to 
the collection of information requirements in PBGC's regulations on 
termination and missing participants and implementing forms and 
instructions each year, and that the total annual burden of complying 
with these requirements will be 1,560 hours and $1,350,400.
    PBGC is soliciting public comments to--
     Evaluate whether the collection of information is 
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 collection of information, including the validity of the 
methodology and assumptions used;
     Enhance the quality, utility, and clarity of the 
information to be collected; and
     Minimize the burden of the collection of information on 
those who are to respond, including 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.

    Issued in Washington, DC, by
Stephanie Cibinic,
Deputy Assistant General Counsel for Regulatory Affairs, Pension 
Benefit Guaranty Corporation.
[FR Doc. 2017-20927 Filed 9-29-17; 8:45 am]
 BILLING CODE 7709-02-P



                                                45912                            Federal Register / Vol. 82, No. 189 / Monday, October 2, 2017 / Notices

                                                NRC-regulated hazard (radiological or                        criteria but that have been perceived by             202–326–4040.) The regulations and
                                                chemical).15                                                 Congress or the public to be of high health          forms and instructions relating to this
                                                  2. An NRC-ordered safety-related or                        or safety significance, have received                collection of information are available
                                                security-related immediate remedial action.                  significant media coverage, or have caused           on PBGC’s Web site at www.pbgc.gov.
                                                                                                             the U.S. Nuclear Regulatory Commission to
                                                C. Events Involving the Medical Use of                                                                            FOR FURTHER INFORMATION CONTACT: Jo
                                                                                                             increase its attention to or oversight of a
                                                Radioactive Materials in Patients or Human                                                                        Amato Burns (burns.jo.amato@
                                                                                                             program area, or a group of similar events
                                                Research Subjects.16                                                                                              pbgc.gov), Regulatory Affairs Division,
                                                                                                             that have resulted in licensed materials
                                                   1. A medical event, as defined in § 35.3045,              entering the public domain in an                     Office of the General Counsel, Pension
                                                which results in a dose that:                                uncontrolled manner.                                 Benefit Guaranty Corporation, 1200 K
                                                   (a) Is equal to or greater than 1 gray (Gy)
                                                                                                             [FR Doc. 2017–21043 Filed 9–29–17; 8:45 am]          Street NW., Washington, DC 20005–
                                                (100 rad) to a major portion of the bone
                                                marrow or to the lens of the eye; or equal to                BILLING CODE 7590–01–P                               4026, 202 326–4400, ext. 3072, or Daniel
                                                or greater than 2.5 Gy (250 rad) to the gonads;                                                                   S. Liebman (daniel.liebman@pbgc.gov),
                                                or                                                                                                                Acting Assistant General Counsel, same
                                                   (b) Exceeds, by 10 Gy (1,000 rad), the                    PENSION BENEFIT GUARANTY                             address and phone number, ext. 6510.
                                                expected dose to any other organ or tissue                   CORPORATION                                          TTY and TDD users may call the
                                                from the administration defined in the                                                                            Federal relay service toll-free at 800–
                                                written directive; and                                       Proposed Submission of Information                   877–8339 and ask to be connected to
                                                   2. A medical event, as defined in § 35.3045,
                                                                                                             Collection for OMB Review; Comment                   202–326–4400.
                                                which involves:
                                                   (a) A dose or dosage that is at least 50                  Request; Termination of Single-                      SUPPLEMENTARY INFORMATION: Under
                                                percent greater than that prescribed, or                     Employer Plans, Missing Participants                 section 4041 of the Employee
                                                   (b) A prescribed dose or dosage that:                                                                          Retirement Income Security Act of 1974,
                                                   (i) Uses the wrong radiopharmaceutical or
                                                                                                             AGENCY: Pension Benefit Guaranty
                                                                                                                                                                  as amended, a single-employer pension
                                                unsealed byproduct material; or                              Corporation.
                                                                                                                                                                  plan may terminate voluntarily only if
                                                   (ii) Is delivered by the wrong route of                   ACTION: Notice of intent to request                  it satisfies the requirements for either a
                                                administration; or                                           extension of OMB approval.
                                                   (iii) Is delivered to the wrong treatment
                                                                                                                                                                  standard or a distress termination.
                                                site; or                                                     SUMMARY:   Pension Benefit Guaranty                  Pursuant to ERISA section 4041(b), for
                                                   (iv) Is delivered by the wrong treatment                  Corporation (‘‘PBGC’’) intends to                    standard terminations, and section
                                                mode; or                                                     request that the Office of Management                4041(c), for distress terminations, and
                                                   (v) Is from a leaking source or sources; or               and Budget (‘‘OMB’’) extend approval                 PBGC’s termination regulation (29 CFR
                                                   (vi) Is delivered to the wrong individual or                                                                   part 4041), a plan administrator wishing
                                                human research subject.
                                                                                                             (with modifications), under the
                                                                                                             Paperwork Reduction Act of 1995, of a                to terminate a plan is required to submit
                                                Appendix B: Other Events of Interest                         collection of information in its                     specified information to PBGC in
                                                                                                             regulations on Termination of Single-                support of the proposed termination and
                                                  This appendix discusses other events of                                                                         to provide specified information
                                                interest that do not meet the criteria for                   Employer Plans and Missing
                                                                                                             Participants, and implementing forms                 regarding the proposed termination to
                                                abnormal occurrences (AOs) in Appendix A
                                                to this policy statement. The Commission                     and instructions. This notice informs                third parties (participants, beneficiaries,
                                                may determine that events other than AOs                     the public of PBGC’s intent and solicits             alternate payees, and employee
                                                may be of interest to Congress and the public                public comment on the collection of                  organizations). In the case of a plan with
                                                and should be included in an appendix to the                 information.                                         participants or beneficiaries who cannot
                                                AO report as ‘‘Other Events of Interest.’’ Such                                                                   be located when their benefits are to be
                                                events may include, but are not necessarily                  DATES:  Comments should be submitted                 distributed, the plan administrator is
                                                limited to, events that do not meet the AO                   by December 1, 2017.                                 subject to the requirements of ERISA
                                                                                                             ADDRESSES: Comments may be                           section 4050 and PBGC’s regulation on
                                                   15 High-consequence events for facilities licensed
                                                                                                             submitted by any of the following                    missing participants (29 CFR part 4050).
                                                under 10 CFR part 70, ‘‘Domestic licensing of
                                                special nuclear material,’’ are those that could             methods:                                             These regulations may be found on
                                                seriously harm the worker or a member of the                    • Federal eRulemaking Portal: http://             PBGC’s Web site at http://
                                                public in accordance with § 70.61, ‘‘Performance             www.regulations.gov. Follow the Web                  www.pbgc.gov/res/laws-and-
                                                requirements.’’ The integrated safety analysis               site instructions for submitting                     regulations/code-of-federal-
                                                conducted and maintained by the licensee or
                                                applicant of 10 CFR part 70 fuel cycle facilities
                                                                                                             comments.                                            regulations.html.
                                                identifies such hazards and the safety controls                 • Email: paperwork.comments@                         The collection of information under
                                                (§ 70.62(c)) applied to meet the performance                 pbgc.gov.                                            these regulations and the implementing
                                                requirements in accordance with § 70.61(b) through              • Mail or Hand Delivery: Office of                forms and instructions has been
                                                (d).
                                                                                                             General Counsel, Pension Benefit                     approved by OMB under control
                                                   Fuel cycle facilities licensed under 10 CFR part
                                                40, ‘‘Domestic licensing of source material,’’ or            Guaranty Corporation, 1200 K Street                  number 1212–0036 (expires November
                                                certified under 10 CFR part 76, ‘‘Certification of           NW., Washington, DC 20005–4026.                      30, 2017). PBGC is requesting that OMB
                                                gaseous diffusion plants,’’ have licensing basis                PBGC will make all comments                       extend its approval for three years, with
                                                documents that describe facility specific hazards,           available on its Web site at
                                                consequences, and those controls used to prevent
                                                                                                                                                                  modifications. An agency may not
                                                or mitigate the consequences of such accidents. For          www.pbgc.gov.                                        conduct or sponsor, and a person is not
                                                these facilities, a high-consequence event would be             Copies of the collection of                       required to respond to, a collection of
                                                a release that has the potential to cause acute              information may be obtained without                  information unless it displays a
                                                radiological or chemical exposures to a worker or            charge by writing to the Disclosure
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                                                a member of the public similar to that defined in
                                                                                                                                                                  currently valid OMB control number.
                                                Appendix A to Chapter 3, Section A.2, of NUREG               Division of the Office of the General                   PBGC is proposing to provide that the
                                                1520, Revision 2, ‘‘Standard Review Plan for Fuel            Counsel of PBGC at the above address                 plan administrator of a plan terminating
                                                Cycle Facilities License Applications—Final                  or by visiting that office or calling 202–           in a standard termination, or a distress
                                                Report,’’ issued June 2015, under ‘‘Consequence              326–4040 during normal business                      termination that closes out in the
                                                Category 3 (High Consequences)’’ (ADAMS
                                                Accession No. ML15176A258).                                  hours. (TTY and TDD users may call the               private sector, may submit termination
                                                   16 Criteria III.A.2, III.A.3, and III.A.4 also apply to   Federal relay service toll-free at 1–800–            forms electronically (scanned and
                                                medical licensees.                                           877–8339 and ask to be connected to                  emailed or faxed), rather than by mail or


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                                                                             Federal Register / Vol. 82, No. 189 / Monday, October 2, 2017 / Notices                                           45913

                                                personal delivery only. PBGC is                         POSTAL REGULATORY COMMISSION                          www.prc.gov). Non-public portions of
                                                proposing this new submission                                                                                 the Postal Service’s request(s), if any,
                                                                                                        [MC2017–207 and CP2017–315; MC2017–
                                                provision to increase the ease of                                                                             can be accessed through compliance
                                                                                                        208 and CP2017–316; MC2017–209 and
                                                submission for plan administrators.                     CP2017–317; MC2017–210 and CP2017–318;                with the requirements of 39 CFR
                                                                                                        MC2017–211 and CP2017–319; MC2017–212                 3007.40.
                                                  In addition, PBGC is proposing to                                                                             The Commission invites comments on
                                                include an opportunity for plan                         and CP2017–320]
                                                                                                                                                              whether the Postal Service’s request(s)
                                                sponsors to contact PBGC for a pre-filing               New Postal Products                                   in the captioned docket(s) are consistent
                                                consultation to discuss the filing                                                                            with the policies of title 39. For
                                                process and ensure the filing of a                      AGENCY:   Postal Regulatory Commission.               request(s) that the Postal Service states
                                                distress termination is appropriate given               ACTION:   Notice.                                     concern market dominant product(s),
                                                the sponsor’s specific circumstances.                                                                         applicable statutory and regulatory
                                                This consultation will assist PBGC and                  SUMMARY:   The Commission is noticing a               requirements include 39 U.S.C. 3622, 39
                                                the plan sponsor in exploring whether                   recent Postal Service filing for the                  U.S.C. 3642, 39 CFR part 3010, and 39
                                                a waiver of one or more filing                          Commission’s consideration concerning                 CFR part 3020, subpart B. For request(s)
                                                obligations is appropriate, identifying                 a negotiated service agreement. This                  that the Postal Service states concern
                                                                                                        notice informs the public of the filing,              competitive product(s), applicable
                                                potential issues preventing a distress
                                                                                                        invites public comment, and takes other               statutory and regulatory requirements
                                                termination of a particular plan, and
                                                                                                        administrative steps.                                 include 39 U.S.C. 3632, 39 U.S.C. 3633,
                                                may indicate that commencement of an
                                                                                                        DATES: Comments are due: October 4,                   39 U.S.C. 3642, 39 CFR part 3015, and
                                                agency-initiated termination of the
                                                pension plan is warranted. This                         2017.                                                 39 CFR part 3020, subpart B. Comment
                                                consultation will be voluntary and will                 ADDRESSES:   Submit comments                          deadline(s) for each request appear in
                                                result in little or no added burden on                  electronically via the Commission’s                   section II.
                                                the plan sponsor.                                       Filing Online system at http://                       II. Docketed Proceeding(s)
                                                                                                        www.prc.gov. Those who cannot submit
                                                  PBGC estimates that 1,276 plan                                                                                 1. Docket No(s).: MC2017–207 and
                                                                                                        comments electronically should contact
                                                administrators will be subject to the                                                                         CP2017–315; Filing Title: Request of the
                                                                                                        the person identified in the FOR FURTHER
                                                collection of information requirements                                                                        United States Postal Service to Add
                                                                                                        INFORMATION CONTACT section by
                                                in PBGC’s regulations on termination                                                                          Priority Mail Contract 361 to
                                                                                                        telephone for advice on filing
                                                and missing participants and                                                                                  Competitive Product List and Notice of
                                                                                                        alternatives.
                                                implementing forms and instructions                                                                           Filing (Under Seal) of Unredacted
                                                each year, and that the total annual                    FOR FURTHER INFORMATION CONTACT:                      Governors’ Decision, Contract, and
                                                burden of complying with these                          David A. Trissell, General Counsel, at                Supporting Data; Filing Acceptance
                                                requirements will be 1,560 hours and                    202–789–6820.                                         Date: September 26, 2017; Filing
                                                $1,350,400.                                             SUPPLEMENTARY INFORMATION:                            Authority: 39 U.S.C. 3642 and 39 CFR
                                                                                                                                                              3020.30 et seq.; Public Representative:
                                                  PBGC is soliciting public comments                    Table of Contents                                     Christopher C. Mohr; Comments Due:
                                                to—                                                     I. Introduction                                       October 4, 2017.
                                                  • Evaluate whether the collection of                  II. Docketed Proceeding(s)                               2. Docket No(s).: MC2017–208 and
                                                information is necessary for the proper                                                                       CP2017–316; Filing Title: Request of the
                                                                                                        I. Introduction
                                                performance of the functions of the                                                                           United States Postal Service to Add
                                                agency, including whether the                              The Commission gives notice that the               Priority Mail Contract 362 to
                                                                                                        Postal Service filed request(s) for the               Competitive Product List and Notice of
                                                information will have practical utility;
                                                                                                        Commission to consider matters related                Filing (Under Seal) of Unredacted
                                                  • Evaluate the accuracy of the                        to negotiated service agreement(s). The               Governors’ Decision, Contract, and
                                                agency’s estimate of the burden of the                  request(s) may propose the addition or                Supporting Data; Filing Acceptance
                                                collection of information, including the                removal of a negotiated service                       Date: September 26, 2017; Filing
                                                validity of the methodology and                         agreement from the market dominant or                 Authority: 39 U.S.C. 3642 and 39 CFR
                                                assumptions used;                                       the competitive product list, or the                  3020.30 et seq.; Public Representative:
                                                  • Enhance the quality, utility, and                   modification of an existing product                   Christopher C. Mohr; Comments Due:
                                                clarity of the information to be                        currently appearing on the market                     October 4, 2017.
                                                collected; and                                          dominant or the competitive product                      3. Docket No(s).: MC2017–209 and
                                                                                                        list.                                                 CP2017–317; Filing Title: Request of the
                                                  • Minimize the burden of the                             Section II identifies the docket                   United States Postal Service to Add
                                                collection of information on those who                  number(s) associated with each Postal                 Priority Mail Contract 363 to
                                                are to respond, including the use of                    Service request, the title of each Postal             Competitive Product List and Notice of
                                                appropriate automated, electronic,                      Service request, the request’s acceptance             Filing (Under Seal) of Unredacted
                                                mechanical, or other technological                      date, and the authority cited by the                  Governors’ Decision, Contract, and
                                                collection techniques or other forms of                 Postal Service for each request. For each             Supporting Data; Filing Acceptance
                                                information technology, e.g., permitting                request, the Commission appoints an                   Date: September 26, 2017; Filing
                                                electronic submission of responses.                     officer of the Commission to represent                Authority: 39 U.S.C. 3642 and 39 CFR
                                                                                                        the interests of the general public in the
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                                                  Issued in Washington, DC, by                                                                                3020.30 et seq.; Public Representative:
                                                                                                        proceeding, pursuant to 39 U.S.C. 505                 Katalin K. Clendenin; Comments Due:
                                                Stephanie Cibinic,
                                                                                                        (Public Representative). Section II also              October 4, 2017.
                                                Deputy Assistant General Counsel for                    establishes comment deadline(s)                          4. Docket No(s).: MC2017–210 and
                                                Regulatory Affairs, Pension Benefit Guaranty            pertaining to each request.                           CP2017–318; Filing Title: Request of the
                                                Corporation.
                                                                                                           The public portions of the Postal                  United States Postal Service to Add
                                                [FR Doc. 2017–20927 Filed 9–29–17; 8:45 am]             Service’s request(s) can be accessed via              Priority Mail Contract 364 to
                                                BILLING CODE 7709–02–P                                  the Commission’s Web site (http://                    Competitive Product List and Notice of


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Document Created: 2017-09-30 04:41:41
Document Modified: 2017-09-30 04:41:41
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of intent to request extension of OMB approval.
DatesComments should be submitted by December 1, 2017.
ContactJo Amato Burns ([email protected]), Regulatory Affairs Division, Office of the General Counsel, Pension Benefit Guaranty Corporation, 1200 K Street NW., Washington, DC 20005-4026, 202 326-4400, ext. 3072, or Daniel S. Liebman ([email protected]), Acting Assistant General Counsel,
FR Citation82 FR 45912 

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