Notice2022-09364

Proposed Submission of Information Collection for OMB Review; Comment Request; Filings for Reconsideration

Primary source

Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.

Published
May 2, 2022

Issuing agencies

Pension Benefit Guaranty Corporation

Abstract

The Pension Benefit Guaranty Corporation (PBGC) intends to request that the Office of Management and Budget (OMB) extend approval, under the Paperwork Reduction Act of a collection of information for filings for reconsideration under its regulation on Rules for Administrative Review of Agency Decisions. This notice informs the public of PBGC's intent and solicits public comment on the collection of information.

Full Text

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<title>Federal Register, Volume 87 Issue 84 (Monday, May 2, 2022)</title>
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[Federal Register Volume 87, Number 84 (Monday, May 2, 2022)]
[Notices]
[Pages 25681-25682]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-09364]


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PENSION BENEFIT GUARANTY CORPORATION


Proposed Submission of Information Collection for OMB Review; 
Comment Request; Filings for Reconsideration

AGENCY: Pension Benefit Guaranty Corporation.

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

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SUMMARY: The Pension Benefit Guaranty Corporation (PBGC) intends to 
request that the Office of Management and Budget (OMB) extend approval, 
under the Paperwork Reduction Act of a collection of information for 
filings for reconsideration under its regulation on Rules for 
Administrative Review of Agency Decisions. This notice informs the 
public of PBGC's intent and solicits public comment on the collection 
of information.

DATES: Comments must be submitted on or before July 1, 2022.

ADDRESSES: Comments may be submitted by any of the following methods:
    <bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. 
Follow the online instructions for submitting comments.
    <bullet> Email: <a href="/cdn-cgi/l/email-protection#88f8e9f8edfaffe7fae3a6ebe7e5e5ede6fcfbc8f8eaefeba6efe7fe"><span class="__cf_email__" data-cfemail="394958495c4b4e564b52175a5654545c574d4a79495b5e5a175e564f">[email&#160;protected]</span></a>. Refer to OMB control 
number 1212-0063 in the subject line.
    <bullet> Mail or Hand Delivery: Regulatory Affairs Division, Office 
of the General Counsel, Pension Benefit Guaranty Corporation, 1200 K 
Street NW, Washington, DC 20005-4026.
    Commenters are strongly encouraged to submit public comments 
electronically. PBGC expects to have limited personnel available to 
process public comments that are submitted on paper through mail. Until 
further notice, any comments submitted on paper will be considered to 
the extent practicable.
    All submissions received must include the agency's name (Pension 
Benefit Guaranty Corporation, or PBGC) and refer to OMB control number 
1212-0063. All comments received will be posted without change to 
PBGC's website, <a href="http://www.pbgc.gov">http://www.pbgc.gov</a>, including

[[Page 25682]]

any personal information provided. Commenters should not include any 
information for which disclosure is restricted by statute, such as 
trade secrets and commercial or financial information (``confidential 
business information''). Submission of confidential business 
information without a request for protected treatment constitutes a 
waiver of any claims of confidentiality.
    Copies of the collection of information may 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 202-229-4040 during normal business hours. If you are deaf, 
hard of hearing, or have a speech disability, please dial 7-1-1 to 
access telecommunications relay services.

FOR FURTHER INFORMATION CONTACT: Karen Levin (<a href="/cdn-cgi/l/email-protection#dfb3baa9b6b1f1b4beadbab19fafbdb8bcf1b8b0a9"><span class="__cf_email__" data-cfemail="bfd3dac9d6d191d4decddad1ffcfddd8dc91d8d0c9">[email&#160;protected]</span></a>), 
Attorney, Regulatory Affairs Division, Office of the General Counsel, 
Pension Benefit Guaranty Corporation, 1200 K Street NW, Washington, DC 
20005-4026; 202-229-3559. If you are deaf, hard of hearing, or have a 
speech disability, please dial 7-1-1 to access telecommunications relay 
services.

SUPPLEMENTARY INFORMATION: The Pension Benefit Guaranty Corporation 
(PBGC) intends to request that the Office of Management and Budget 
(OMB) extend approval, under the Paperwork Reduction Act, of a 
collection of information contained in its regulation on Rules for 
Administrative Review of Agency Decisions (29 CFR part 4003) (OMB 
control number 1212-0063; expires August 31, 2022). This notice informs 
the public of PBGC's intent and solicits public comment on the 
collection of information.
    PBGC's regulation on Rules for Administrative Review of Agency 
Decisions (29 CFR part 4003) prescribes rules governing the issuance of 
initial determinations by PBGC and the procedures for requesting and 
obtaining administrative review of initial determinations. Certain 
types of initial determinations are subject to reconsideration, which 
are covered in subpart C of the regulation. Subpart C prescribes rules 
on who may request reconsideration, when to make a reconsideration 
request, where to submit the request, the form and contents of 
reconsideration requests, and final decisions on reconsideration 
requests.
    Any person aggrieved by an initial determination of PBGC under 
Sec.  4003.1(d)(1) (determinations with respect to premiums, interest, 
and late payment penalties under section 4007 of ERISA), Sec.  
4003.1(d)(2) (determinations concerning voluntary terminations), or 
4003.1(d)(3) (determinations with respect to penalties under section 
4071 of ERISA) may request reconsideration of the initial 
determination. Most requests for reconsideration have been filed by 
plan administrators under Sec.  4003.1(d)(1) relating to premiums, 
interest, and late payment penalties.
    Requests for reconsideration must be in writing, be clearly 
designated as requests for reconsideration, contain a statement of the 
grounds for reconsideration and the relief sought, and contain or 
reference all pertinent information. Requests for reconsideration may 
be filed by hand, mail, commercial delivery service, or email.
    The collection of information under the regulation has been 
approved under OMB control number 1212-0063 (expires August 31, 2022). 
PBGC intends to request that OMB extend approval for another three 
years. 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 estimates that an average of 121 persons per year will respond 
to this collection of information. PBGC further estimates that the 
average annual burden of this collection of information is about one-
half hour and $500 per appellant, with an average total annual burden 
of approximately 64 hours and about $60,550.
    PBGC is soliciting public comments to--
    <bullet> Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    <bullet> Evaluate the accuracy of the agency's estimate of the 
burden of the proposed collection of information, including the 
validity of the methodologies and assumptions used;
    <bullet> Enhance the quality, utility, and clarity of the 
information to be collected; and
    <bullet> Minimize the burden of the collection of information on 
those who are to respond, including through 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.
Hilary Duke,
Assistant General Counsel for Regulatory Affairs, Pension Benefit 
Guaranty Corporation.
[FR Doc. 2022-09364 Filed 4-29-22; 8:45 am]
BILLING CODE 7709-02-P


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Indexed from Federal Register on May 2, 2022.

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