58720 Federal Register / Vol. 79, No. 189 / Tuesday, September 30, 2014 / Proposed Rules 

22 18 CFR 380.4(a)(2)(ii). 

1See 40 FR 24647 (June 9, 1975); 40 FR 34529, 

34530 (August 15, 1975); and 45 FR 34528, 34529 

FN 10 (March 11, 1980). 

categorically excluded certain actions 

from this requirement as not having a 

significant effect on the human 

environment. Included in the exclusion 

are rules that are clarifying, corrective, 

or procedural or that do not 

substantially change the effect of the 

regulations being amended.22 The 

actions proposed herein fall within this 

categorical exclusion in the 

Commission’s regulations. 

VII. Comment Procedures 

19. The Commission invites interested 

persons to submit comments on the 

matters and issues proposed in this 

notice to be adopted, including any 

related matters or alternative proposals 

that commenters may wish to discuss. 

Comments are due December 1, 2014. 

Comments must refer to Docket No. 

RM14–12–000, and must include the 

commenter’s name, the organization 

they represent, if applicable, and their 

address in their comments. 

20. The Commission encourages 

comments to be filed electronically via 

the eFiling link on the Commission’s 

Web site at http://www.ferc.gov. The 

Commission accepts most standard 

word processing formats. Documents 

created electronically using word 

processing software should be filed in 

native applications or print-to-PDF 

format and not in a scanned format. 

Commenters filing electronically do not 

need to make a paper filing. 

21. Commenters that are not able to 

file comments electronically must send 

an original of their comments to: 

Federal Energy Regulatory Commission, 

Secretary of the Commission, 888 First 

Street NE., Washington, DC 20426. 

22. All comments will be placed in 

the Commission’s public files and may 

be viewed, printed, or downloaded 

remotely as described in the Document 

Availability section below. Commenters 

on this proposal are not required to 

serve copies of their comments on other 

commenters. 

VIII. Document Availability 

23. In addition to publishing the full 

text of this document in the Federal 

Register, the Commission provides all 

interested persons an opportunity to 

view and/or print the contents of this 

document via the Internet through the 

Commission’s Home Page (http://

www.ferc.gov) and in the Commission’s 

Public Reference Room during normal 

business hours (8:30 a.m. to 5:00 p.m. 

Eastern time) at 888 First Street NE., 

Room 2A, Washington, DC 20426. 

24. From the Commission’s Home 

Page on the Internet, this information is 

available on eLibrary. The full text of 

this document is available on eLibrary 

in PDF and Microsoft Word format for 

viewing, printing, and/or downloading. 

To access this document in eLibrary, 

type the docket number excluding the 

last three digits of this document in the 

docket number field. 

25. User assistance is available for 

eLibrary and the Commission’s Web site 

during normal business hours from the 

Commission’s Online Support at 202– 

502–6652 (toll free at 1–866–208–3676) 

or email at ferconlinesupport@ferc.gov, 

or the Public Reference Room at (202) 

502–8371, TTY (202)502–8659. Email 

the Public Reference Room at 

public.referenceroom@ferc.gov. 

By direction of the Commission. 

Nathaniel J. Davis, Sr., 

Deputy Secretary. 

[FR Doc. 2014–23195 Filed 9–29–14; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF LABOR 

Employee Benefits Security 

Administration 

29 CFR Part 2520 

RIN 1210–AB62 

Electronic Filing of Notices for 

Apprenticeship and Training Plans and 

Statements for Pension Plans for 

Certain Select Employees 

AGENCY: Employee Benefits Security 

Administration, Department of Labor. 

ACTION: Proposed rule. 

SUMMARY: This document contains 

proposed regulations that would revise 

filing procedures for apprenticeship and 

training plan notices and ‘‘top hat’’ plan 

statements with the Secretary of Labor 

to require electronic submission of these 

notices and statements. 

DATES: Comments are due on or before 

December 29, 2014. 

ADDRESSES: You may submit comments, 

identified by RIN 1210–AB62, by one of 

the following methods: 

• Federal eRulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email: e-ORI@dol.gov. Include RIN 

1210–AB62 in the subject line of the 

message. 

• Mail or personal delivery: Office of 

Regulations and Interpretations, 

Employee Benefits Security 

Administration, Room N–5655, U.S. 

Department of Labor, 200 Constitution 

Avenue NW., Washington, DC 20210. 

Instructions: All submissions received 

must include the agency name and 

Regulation Identifier Number (RIN) for 

this rulemaking. Comments received, 

including any personal information 

provided, will be posted without change 

to http://www.regulations.gov and 

http://www.dol.gov/ebsa, and made 

available for public inspection at the 

Public Disclosure Room, N–1513, 

Employee Benefits Security 

Administration, 200 Constitution 

Avenue NW., Washington, DC 20210. 

Persons submitting comments 

electronically are encouraged not to 

submit paper copies. 

FOR FURTHER INFORMATION CONTACT: 

Marjorie M. Kress or Eric A. Raps, Office 

of Regulations and Interpretations, 

Employee Benefits Security 

Administration (EBSA), Department of 

Labor, at (202) 693–8500. This is not a 

toll-free number. 

SUPPLEMENTARY INFORMATION: 

Background 

Part 1 of Title I of the Employee 

Retirement Income Security Act of 1974, 

as amended (ERISA), contains reporting 

and disclosure requirements applicable 

to plans covered by ERISA. For 

instance, sections 103 and 104 of ERISA 

establish requirements for the 

publication and filing of annual reports, 

while sections 102 and 104 of ERISA 

require plan administrators to furnish 

summary plan descriptions and 

summaries of material modifications or 

changes to participants and 

beneficiaries. 

Section 104(a)(3) of ERISA, however, 

authorizes the Secretary to exempt any 

welfare benefit plan from all or part of 

the reporting and disclosure obligations, 

or to provide simplified reporting and 

disclosure, if the Secretary finds that the 

requirements are inappropriate for these 

plans. Under this authority, the 

Secretary, in 1980, issued 29 CFR 

2520.104–22, which provides an 

exemption from the reporting and 

disclosure provisions of Part 1 of Title 

I of ERISA for employee welfare benefit 

plans that provide only apprenticeship 

or training benefits, or both, if certain 

conditions are met.1 Under the 

regulation, a welfare plan that provides 

only these benefits is not required to 

meet the requirements of Part 1 of Title 

I if the administrator files with the 

Secretary a notice as described in 

§ 2520.104–22 by mail or personal 

delivery, takes steps reasonably 

designed to ensure that the information 

required to be contained in the notice is 

disclosed to employees of employers 

contributing to the plan who may be 

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Federal Register / Vol. 79, No. 189 / Tuesday, September 30, 2014 / Proposed Rules 58721 

2See 40 FR 24647, 24648 (June 9, 1975) and 40 

FR 34530 (August 15, 1975). 

3The Department also requires that the 

administrator of a multiple employer welfare 

arrangement (MEWA) and the administrator of any 

entity claiming exception (ECE) satisfy Form M–1 

reporting obligations by filing electronically. 

Apprenticeship and training plan notices and top 

hat statements also are not part of the MEWA and 

ECE electronic filing process. 

4Public Law 107–347, sec. 2 (Dec. 17, 2002). 

5We note that the proposed filing system would 

require the filer to input an email address. Although 

neither regulation explicitly mentions such an 

address, we are not viewing this item as a content 

requirement of the regulations. Rather, the address 

is needed for system functionality because without 

it the filer would not receive instantaneous 

confirmation of the filing. 

6As noted above, once they are filed, the notices 

and statements would be posted on the 

Department’s Web site and available online to the 

public, One issue we wish to flag for public 

comment is whether there are any concerns with 

making any of this information, in particular the 

email address of the plan administrator, publicly 

accessible online. Should this address be 

suppressed for privacy or logistical reasons? 

eligible to enroll, and makes the notice 

available to these employees upon 

request. 

Similarly, section 110(a) of ERISA 

permits the Secretary to specify an 

alternative form of compliance with the 

reporting and disclosure obligations of 

Part 1 of Title I for any pension plan or 

class of pension plans subject to ERISA 

if certain findings are made. Under the 

authority of section 110(a), the 

Department, in 1975, issued regulation 

29 CFR 2520.104–23 to provide an 

alternative method of compliance with 

the reporting and disclosure 

requirements of Part 1 of Title I for 

unfunded or insured pension plans 

established for a select group of 

management or highly compensated 

employees (‘‘top hat’’ plans).2 Under the 

alternative method of compliance, the 

administrator of a top hat plan will 

satisfy the requirements for the 

reporting and disclosure provisions of 

Part 1 of Title I by filing a statement 

with the Secretary by mail or personal 

delivery to the address specified in the 

regulation, and by providing plan 

documents, if any, to the Secretary upon 

request. The statement must include the 

information listed in the regulation. 

Recently, the Department instituted a 

wholly electronic system (EFAST2) for 

filing and processing the Form 5500 

Annual Return/Report, which is used to 

report information to the government on 

certain employee benefit plans and 

direct filing entities. Form 5500 Annual 

Return/Reports filed through EFAST2 

on or after the 2009 plan years are also 

available to the general public through 

the Department’s Web site at http://

www.efast.dol.gov. The EFAST2 system, 

however, does not include 

apprenticeship and training plan notices 

and top hat statements.3 Thus, all such 

notices and statements are filed with the 

Department on paper though regular 

mail or personal delivery. 

The Department has determined that 

regular mail or personal delivery are no 

longer the most efficient or costeffective ways to file and process these 

notices and statements. The Department 

annually receives approximately 120 

apprenticeship and training plan notices 

and approximately 2,000 top hat plan 

statement filings. To make the 

information on these notices and 

statements accessible, the Department 

converts each paper filing to electronic 

format. The proposal will eliminate the 

need for this time-consuming task. 

Because the internet is widely 

accessible to persons who file these 

notices and statements, the Department 

expects that the regulated community 

will find electronic filing to be easier 

and more cost-effective than paper 

filing. Electronic filing should also 

facilitate the disclosure of the 

information to participants and 

beneficiaries, and other interested 

members of the public since 

electronically filed documents can be 

promptly posted on the Department’s 

Web site. Thus, the Department, filers, 

and users all stand to benefit from this 

proposal in ways that are consistent 

with the goals of the E-Government Act 

of 2002.4

Explanation of Provisions 

The proposal would revise the current 

procedures for filing apprenticeship and 

training plan notices and ‘‘top hat’’ plan 

statements with the Secretary of Labor 

to require electronic submission of these 

notices and statements. The proposal is 

not intended to express any view on, 

and would not change, the current 

content requirements in the exemption 

under § 2520.104–22 for apprenticeship 

and training plans or the alternative 

method of compliance under 

§ 2520.104–23 for top hat plans.5

The proposal would revise 

§ 2520.104–22(c) and § 2520.104–23(c) 

to require internet-based electronic 

filing of apprenticeship and training 

plan notices and top hat plan statements 

with the Secretary through EBSA’s Web 

site. Once they are filed, these notices 

and statements would be posted on the 

Department’s Web site at http://

www.dol.gov/ebsa and be available to 

the public. The submission process 

would be easy to use because the web 

portal would include instructions for 

using the electronic filing system and 

also would assist administrators by 

ensuring that all of the information 

required by the regulations would be 

included in the notice or statement 

before the filing could be completed 

through the Web site. In addition, as 

previously mentioned, the process 

would provide an electronic 

confirmation to the administrator that 

the filing had been received by EBSA. 

This assurance would provide a benefit 

to apprenticeship and training plan 

administrators and top hat plan 

administrators that is not available 

through the existing paper-based filing 

system. Finally, the design of the 

electronic filing system will facilitate 

the requirement that plan administrators 

of apprenticeship and training plans 

make notices available to participants 

upon request. 

Dates and Interim Availability of New 

Electronic Filing System 

The Department today is launching its 

new web-based filing system for the 

notices described above. See http://

www.dol.gov/ebsa. Use of this system in 

lieu of paper-based filing is voluntary 

pending the adoption of a final rule. The 

Department encourages administrators 

of apprenticeship and training plans 

and administrators of top hat plans to 

file their plan notices and statements 

using this new system. Pending 

issuance of final regulations, the 

Department will treat administrators 

who use the new system as having 

satisfied the requirement to mail the 

notice or statement to the address listed 

in §§ 2520.104–22(c) and 2520.104– 

23(c). The Department is interested in 

receiving comments on the design and 

operation of the system and proposes 

that the final rules would become 

effective on their date of publication in 

the Federal Register and applicable to 

all filings made on or after 120 days 

after that date.6 After the applicability 

date, the Web site filing system would 

be the exclusive method of filing these 

notices and statements. Filings with the 

Secretary by mail and personal delivery 

would no longer be acceptable. 

Regulatory Impact Analysis 

1. Executive Orders 12866 and 13563 

Executive Orders 12866 and 13563 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

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58722 Federal Register / Vol. 79, No. 189 / Tuesday, September 30, 2014 / Proposed Rules 

7The Department estimates 2013 hourly labor 

rates include wages, other benefits, and overhead 

based on data from the National Occupational 

Employment Survey (June 2012, Bureau of Labor 

reducing costs, of harmonizing and 

streamlining rules, and of promoting 

flexibility. 

Under Executive Order 12866, 

‘‘significant’’ regulatory actions are 

subject to the requirements of the 

executive order and review by the Office 

of Management and Budget (OMB). 

Section 3(f) of Executive Order 12866 

defines a ‘‘significant regulatory action’’ 

as an action that is likely to result in a 

rule (1) having an annual effect on the 

economy of $100 million or more, or 

adversely and materially affecting a 

sector of the economy, productivity, 

competition, jobs, the environment, 

public health or safety, or State, local or 

tribal governments or communities (also 

referred to as ‘‘economically 

significant’’); (2) creating serious 

inconsistency or otherwise interfering 

with an action taken or planned by 

another agency; (3) materially altering 

the budgetary impacts of entitlement 

grants, user fees, or loan programs or the 

rights and obligations of recipients 

thereof; or (4) raising novel legal or 

policy issues arising out of legal 

mandates, the President’s priorities, or 

the principles set forth in the Executive 

Order. 

Pursuant to the terms of the Executive 

Order, OMB has determined that this 

action is ‘‘significant’’ within the 

meaning of section 3(f) of the Executive 

Order. Therefore, the proposed rule was 

reviewed by OMB. However, because 

the rule merely would replace the 

paper-based filing of apprenticeship and 

training plan notices and top hat plan 

statements with an electronic filing 

system, and no substantive change 

would be made to the notices and 

statements, the Department does not 

expect this rulemaking to result in 

significant costs or benefits. For a 

further discussion, see the Paperwork 

Reduction Act section, below. 

2. Regulatory Flexibility Analysis 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) (RFA) imposes 

certain requirements with respect to 

Federal rules that are subject to the 

notice and comment requirements of 

section 553(b) of the APA (5 U.S.C. 551 

et seq.) and that are likely to have a 

significant economic impact on a 

substantial number of small entities. 

The Department carefully considered 

the likely impact of this proposed rule 

on small entities. The proposed rule 

will implement an electronic 

submission procedure for administrators 

of apprenticeship and training plans 

and top hat plans to file notices and 

statements described in sections 

2520.104–22 and 2520.104–23. The 

electronic filing system will provide 

instructions, ensure that plan 

administrators include all of the 

required information in their notices 

and statements, and provide an 

electronic confirmation that they have 

been received. The Department expects 

that an electronic filing system to file 

apprenticeship notices and top hat 

statements would be more efficient and 

cost-effective for small plan 

administrators than a paper-based filing 

system, because they no longer will 

incur material and postage costs 

associated with delivery by regular mail 

or personal delivery service. Based on 

the foregoing, the Department hereby 

certifies that the proposed rule is not 

likely to have a significant economic 

impact on a substantial number of small 

entities. The Department welcomes 

public comments regarding its 

certification. 

Section 610 of the RFA requires that 

an agency review each rule that has or 

will have a significant economic impact 

on a substantial number of small entities 

within ten years of publication of the 

final rule. EBSA initiates a Section 610 

review to determine if the provisions of 

a rule should be continued without 

change, rescinded, or amended to 

minimize adverse economic impact on 

small entities. In addition to the changes 

in this proposal, EBSA, under section 

610 of RFA, is taking comments on 

other possible changes or amendments 

to the two regulations (§§ 2520.104– 

22(c) and 2520.104–23(c)) that are the 

subject of the proposed amendments. 

3. Paperwork Reduction Act 

This Notice of Proposed Rulemaking 

(NPRM) contains an information 

collection that is subject to OMB 

approval under the Paperwork 

Reduction Act of 1995 (PRA) 44 U.S.C. 

3501 et seq. As part of a continuing 

effort to reduce paperwork and 

respondent burden, the Department of 

Labor and OMB conduct a preclearance 

consultation program to provide the 

general public and Federal agencies 

with an opportunity to comment on 

proposed and continuing collection of 

information. This helps to ensure that 

requested data can be provided in the 

desired format, reporting burden (time 

and financial resources) is minimized, 

collection instruments are clearly 

understood, and the impact of collection 

requirements on respondents can be 

properly assessed. 

More specifically and as stated earlier 

in this preamble, section 2520.104–22 

provides an exemption to the reporting 

and disclosure provisions of Part 1 of 

Title I of ERISA for employee welfare 

benefit plans that provide only 

apprenticeship or training benefits, or 

both, if the plan administrator: (1) Files 

a notice with the Secretary that provides 

the name of the plan, the plan sponsor’s 

Employer Identification Number (EIN), 

the plan administrator’s name, and the 

name and location of an office or person 

from whom interested individuals can 

obtain certain information about courses 

offered by the plan; (2) takes steps 

reasonably designed to ensure that the 

information required to be contained in 

the notice is disclosed to employees of 

employers contributing to the plan who 

may be eligible to enroll in any course 

of study sponsored or established by the 

plan; and (3) makes the notice available 

to these employees upon request. The 

plan administrator must file the notice 

with the Secretary of Labor by mailing 

or delivering it to the Department at the 

address set forth in the regulation. 

Section 2520.104–23 provides an 

alternative method of compliance with 

the reporting and disclosure provisions 

of Title I of ERISA for unfunded or 

insured plans established for a select 

group of management or highly 

compensated employees (i.e., top hat 

plans). In order to satisfy the alternative 

method of compliance, the plan 

administrator must: (1) File a statement 

with the Secretary of Labor that 

includes the name and address of the 

employer, the employer EIN, a 

declaration that the employer maintains 

a plan or plans primarily for the 

purpose of providing deferred 

compensation for a select group of 

management or highly compensated 

employees, and a statement of the 

number of such plans and the 

employees covered by each; and (2) 

make plan documents available to the 

Secretary upon request. Only one 

statement needs to be filed for each 

employer maintaining one or more of 

the plans. The statements may be filed 

with the Secretary by mail or personal 

delivery. 

The proposed rule would replace the 

paper-based filing of apprenticeship and 

training plan notices and top hat plan 

statements with an electronic filing 

system. No substantive change would be 

made to the notices and statements. The 

Department annually receives 

approximately 120 apprenticeship and 

training plan notices and approximately 

2,000 top hat plan statement filings. The 

Department estimates in-house human 

resource professionals on average will 

spend 15 minutes preparing each filing 

at an equivalent cost of $97.69 per 

hour,7 and that in-house clerical staff 

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Federal Register / Vol. 79, No. 189 / Tuesday, September 30, 2014 / Proposed Rules 58723 

Statistics) and the Employment Cost Index 

(September 2012, Bureau of Labor Statistics); the 

2011 estimated labor rates are then inflated to 2013 

labor rates. 

will spend three minutes filing the 

notices and statements on the 

Department’s electronic filing system, at 

an equivalent cost of $29.14 per hour, 

for a total of 36 hours for apprenticeship 

and training plan notice filings and 600 

hours of top hat plan statement filings 

and an overall total of 636 burden 

hours. The total equivalent cost for the 

hour burden is $55,000 ($3,000 for 

apprenticeship and training plan notices 

and $52,000 for top hat plan 

statements). The Department assumes 

that no other cost burden is associated 

with this information collection request 

(ICR), because in-house staff will 

prepare and file the notices on behalf of 

each plan. 

The Department has submitted an ICR 

seeking OMB approval for the 

information collection contained in the 

proposed rule to OMB. A copy of this 

ICR with applicable supporting 

documentation, including a description 

of the likely respondents, proposed 

frequency of response, and estimated 

total burden may be obtained free of 

charge from the RegInfo.gov Web site at 

http://www.reginfo.gov/public/do/

PRAViewICR?ref_nbr=201407-1210-003 

(this link will only become active on the 

day following publication of this 

notice); by sending a request by mail or 

courier to: PRA Clearance Officer, Office 

of Policy and Research, U.S. Department 

of Labor, Employee Benefits Security 

Administration, 200 Constitution 

Avenue NW., Room N–5718, 

Washington, DC 20210; or send an email 

to ebsa.opr@dol.gov. 

OMB asks that comments about 

information collections in this NPRM be 

submitted by mail or courier to the 

Office of Information and Regulatory 

Affairs, Attn: OMB Desk Officer for 

DOL–EBSA, Office of Management and 

Budget, Room 10235, 725 17th Street 

NW., Washington, DC 20503; by Fax: 

202–395–6881 (this is not a toll-free 

number); or by email: OIRA_

submission@omb.eop.gov. Commenters 

are encouraged, but not required, to 

send a courtesy copy of any comments 

to the party identified in the ADDRESSES

section of this NPRM. OMB requests 

that comments be received within 30 

days of publication of the proposed rule 

to ensure their consideration. Comments 

submitted in response to this request 

become a matter of public record. 

The Department and OMB are 

particularly interested in comments 

that: 

• 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 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. 

These paperwork burden estimates 

are summarized as follows: 

Title: Apprenticeship and Training 

Plan Notices and Top Hat Plan 

Statements. 

OMB ICR Reference Number: 201407– 

1210–003. 

Affected Public: Private Sector— 

business or other for-profit and not-forprofit institutions. 

Respondents: 2,120 (120 

apprenticeship and training plans and 

2,000 top hat plans). 

Responses: 2,120. 

Frequency of Response: Annually. 

Estimated Total Annual Burden 

Hours: 636 (36 for apprenticeship and 

training plan notices and 600 for top hat 

plan statements). 

Estimated Total Annual Burden Cost: 

$0. 

4. Congressional Review Act 

The proposed rule is subject to the 

Congressional Review Act provisions of 

the Small Business Regulatory 

Enforcement Fairness Act of 1996 (5 

U.S.C. 801 et seq.) and, if finalized, will 

be transmitted to Congress and the 

Comptroller General for review. The 

proposed rule is not a ‘‘major rule’’ as 

that term is defined in 5 U.S.C. 804, 

because it is not likely to result in (1) 

an annual effect on the economy of $100 

million or more; (2) a major increase in 

costs or prices for consumers, 

individual industries, or Federal, State, 

or local government agencies, or 

geographic regions; or (3) significant 

adverse effects on competition, 

employment, investment, productivity, 

innovation, or on the ability of United 

States-based enterprises to compete 

with foreign-based enterprises in 

domestic and export markets. 

5. Unfunded Mandates Reform Act 

For purposes of the Unfunded 

Mandates Reform Act of 1995 (Pub. L. 

104–4), as well as Executive Order 

12875, this proposed rule does not 

include any Federal mandate that may 

result in expenditures by State, local, or 

tribal governments in the aggregate of 

more than $100 million, adjusted for 

inflation, or increase expenditures by 

the private sector of more than $100 

million, adjusted for inflation. 

6. Federalism Statement 

Executive Order 13132 (August 4, 

1999) outlines fundamental principles 

of federalism, and requires the 

adherence to specific criteria by Federal 

agencies in the process of their 

formulation and implementation of 

policies that have substantial direct 

effects on the States, the relationship 

between the national government and 

States, or on the distribution of power 

and responsibilities among the various 

levels of government. This proposed 

rule does not have federalism 

implications because it has no 

substantial direct effect on the States, on 

the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Section 514 of 

ERISA provides, with certain exceptions 

specifically enumerated, that the 

provisions of Titles I and IV of ERISA 

supersede any and all laws of the States 

as they relate to any employee benefit 

plan covered under ERISA. The 

electronic filing requirements in this 

proposed rule do not alter the 

fundamental reporting and disclosure 

requirements of the statute with respect 

to employee benefit plans, and, as such, 

have no implications for the States or 

the relationship or distribution of power 

between the national government and 

the States. 

List of Subjects in 29 CFR Part 2520 

Employee benefit plans, Employee 

Retirement Income Security Act, 

Pension plans, Pension and welfare 

plans, Reporting and recordkeeping 

requirements, Welfare benefit plans. 

For the reasons set forth in the 

preamble, the Department proposes to 

amend 29 CFR part 2520 as follows: 

PART 2520—RULES AND 

REGULATIONS FOR REPORTING AND 

DISCLOSURE 

■ 1. The authority citation for part 2520 

continues to read as follows: 

Authority: 29 U.S.C. 1021–1024, 1027, 

1029–31, 1059, 1134 and 1135; Secretary of 

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58724 Federal Register / Vol. 79, No. 189 / Tuesday, September 30, 2014 / Proposed Rules 

Labor’s Order 1–2011, 77 FR 1088 (January 

9, 2012). Sec. 2520.101–2 also issued under 

29 U.S.C. 1181–1183, 1181 note, 1185, 

1185a–d, and 1191–1191c. Sec. 2520.103–1 

also issued under 26 U.S.C. 6058 note. Sec. 

2520.101–6 also issued under 29 U.S.C. 

1021(k); Secs. 2520.102–3, 2520.104b–1 and 

2520.104b–3 also issued under 29 U.S.C. 

1003, 1181–1183, 1181 note, 1185, 1185a–d, 

1191, and 1191a–c. Secs. 2520.104b–1 and 

2520.107 also issued under 26 U.S.C. 401 

note, 111 Stat. 788. 

■ 2. Section 2520.104–22 is amended by 

revising paragraph (c) to read as follows: 

§ 2520.104–22 Exemption from reporting 

and disclosure requirements for 

apprenticeship and training plans. 

* * * * * 

(c) Electronic filing of notice. The 

notice referred to in paragraph (a) of this 

section shall be filed with the Secretary 

electronically in accordance with the 

instructions published by the 

Department. 

■ 3. Section 2520.104–23 is amended by 

revising paragraph (c) to read as follows: 

§ 2520.104–23 Alternative method of 

compliance for pension plans for certain 

selected employees. 

* * * * * 

(c) Electronic filing of statement. 

Statements referred to in paragraph (b) 

of this section shall be filed with the 

Secretary electronically in accordance 

with the instructions published by the 

Department. 

* * * * * 

Signed this 16th day of September 2014. 

Phyllis C. Borzi, 

Assistant Secretary, Employee Benefits 

Security Administration, U.S. Department of 

Labor. 

[FR Doc. 2014–22855 Filed 9–29–14; 8:45 am] 

BILLING CODE 4510–29–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 14–139, RM–11732; DA 14– 

1273] 

Television Broadcasting Services; 

Mount Vernon, Illinois; Correction 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule; correction. 

SUMMARY: This document corrects the 

preamble to a proposed rule published 

in the Federal Register of September 12, 

2014, requesting the substitution of 

channel 11 for channel 21 at Mount 

Vernon, Illinois. This correction 

clarifies that the proposed rule applies 

prospectively to plans submitted for 

approval from the effective date for the 

final rule. 

DATES: September 30, 2014. 

ADDRESSES: Federal Communications 

Commission, Office of Secretary, 445 

12th Street SW., Washington, DC 20554. 

In addition to filing comments with the 

FCC, interested parties should serve 

counsel for petitioner as follows: Robert 

L. Olender, Esq., Koerner & Olender, 

P.C., 11913 Grey Court, North Bethesda, 

MD 20852. 

FOR FURTHER INFORMATION CONTACT: 

Joyce Bernstein, 202–418–1600. 

Correction 

In proposed rule FR Doc. 14–1273, 

beginning on page 54675 in the issue of 

September 12, 2014, make the following 

correction, in the Addresses section. On 

page 54675 in the 3rd paragraph, 

replace the listed paragraph with the 

following: 

‘‘Federal Communications 

Commission, Office of Secretary, 445 

12th Street SW., Washington, DC 20554. 

In addition to filing comments with the 

FCC, interested parties should serve 

counsel for petitioner as follows: Robert 

L. Olender, Esq., Koerner & Olender, 

P.C., 11913 Grey Court, North Bethesda, 

MD 20852.’’ 

Dated: September 22, 2014. 

Barbara A. Kreisman, 

Chief, Video Division, Media Bureau. 

[FR Doc. 2014–23134 Filed 9–29–14; 8:45 am] 

BILLING CODE 6712–01–P 

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