[Federal Register Volume 69, Number 199 (Friday, October 15, 2004)]
[Notices]
[Page 61270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23182]


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PENSION BENEFIT GUARANTY CORPORATION


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

AGENCY: Pension Benefit Guaranty Corporation.

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

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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 contained in its regulation on Liability for Termination of 
Single-Employer Plans, 29 CFR part 4062 (OMB control number 1212-0017; 
expires January 31, 2005). This notice informs the public of the PBGC's 
intent and solicits public comment on the collection of information.

DATES: Comments should be submitted by December 14, 2004.

ADDRESSES: Comments may be mailed to the Office of the General Counsel, 
Pension Benefit Guaranty Corporation, 1200 K Street, NW., Washington, 
DC 20005-4026, or delivered to Suite 340 at that address during normal 
business hours. Comments also may be submitted electronically through 
the PBGC's Web site at http://www.pbgc.gov/paperwork, or by fax to 
(202) 326-4112. The PBGC will make all comments available on its Web 
site, http://www.pbgc.gov.
    Copies of the collection of information may be obtained without 
charge by writing to the PBGC's Communications and Public Affairs 
Department at Suite 240 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 regulation on Liability 
for Termination of Single-Employer Plans can be accessed on the PBGC's 
Web site at http://www.pbgc.gov.

FOR FURTHER INFORMATION CONTACT: Harold J. Ashner, Assistant General 
Counsel, or Thomas H. Gabriel, Attorney, Office of the General Counsel, 
Pension Benefit Guaranty Corporation, 1200 K Street, NW., Washington, 
DC 20005-4026, (202) 326-4024. (For TTY and TDD, call (800) 877-8339 
and request connection to (202) 326-4024).

SUPPLEMENTARY INFORMATION: Section 4062 of the Employee Retirement 
Income Security Act of 1974 provides that the contributing sponsor of a 
single-employer pension plan and members of the sponsor's controlled 
group (``the employer'') incur liability (``employer liability'') if 
the plan terminates with assets insufficient to pay benefit liabilities 
under the plan. The PBGC's statutory lien for employer liability and 
the payment terms for employer liability are affected by whether and to 
what extent employer liability exceeds 30 percent of the employer's net 
worth.
    Section 4062.6 of the PBGC's employer liability regulation (29 CFR 
4062.6) requires a contributing sponsor or member of the contributing 
sponsor's controlled group who believes employer liability upon plan 
termination exceeds 30 percent of the employer's net worth to so notify 
the PBGC and to submit net worth information. This information is 
necessary to enable the PBGC to determine whether and to what extent 
employer liability exceeds 30 percent of the employer's net worth.
    The collection of information under the regulation has been 
approved by OMB under control number 1212-0017 through January 31, 
2005. The PBGC intends to request that OMB extend its 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.
    The PBGC estimates that an average of 5 contributing sponsors or 
controlled group members per year will respond to this collection of 
information. The PBGC further estimates that the average annual burden 
of this collection of information will be 12 hours and $3,300 per 
respondent, with an average total annual burden of 60 hours and 
$16,500.
    The PBGC is soliciting public comments to--
    <bullet> 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;
    <bullet> 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;
    <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, this 12th day of October, 2004.
Stuart A. Sirkin,
Director, Corporate Policy and Research Department, Pension Benefit 
Guaranty Corporation.
[FR Doc. 04-23182 Filed 10-14-04; 8:45 am]
BILLING CODE 7708-01-P