8578 Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Proposed Rules 

(Pub. L. 113–235), supported a listening 

meeting between FDA and the regulated 

industries to consider alternative 

solutions to the proposed rule on safety 

labeling that will meet all public health 

goals relating to multisource drugs (see 

https://www.congress.gov/

congressional-record/2014/12/11/housesection/article/H9307-1) (FDA has 

verified the Web site address, but FDA 

is not responsible for any subsequent 

changes to the Web site after this 

document publishes in the Federal 

Register). 

In view of these requests and to 

promote transparency, FDA will hold a 

public meeting at which any 

stakeholders may present or comment 

on the proposed rule or any alternative 

proposals intended to improve 

communication of important newly 

acquired drug safety information to 

health care professionals and the public. 

In addition, FDA is reopening the 

comment period for the proposed rule 

(78 FR 67985) until April 27, 2015, to 

receive submissions of additional 

written comments on the proposed rule 

as well as alternative proposals 

presented during the public meeting. 

II. Registration and Requests for Oral 

Presentations 

If you would like to attend the public 

meeting, please register for the meeting 

by email to 

CBESupplements.PublicMeeting@

fda.hhs.gov by March 20, 2015. The 

email should contain complete contact 

information for each attendee (including 

name, title, firm name or affiliation, 

address, email, telephone and fax 

numbers). Those without email access 

can register by contacting Ellen 

Molinaro (see FOR FURTHER INFORMATION

CONTACT) by March 20, 2015. There is 

no fee to register for the meeting, and 

registration will be on a first-come, firstserved basis. Early registration is 

recommended because seating is 

limited. Onsite registration on the day of 

the meeting also will be permitted on a 

space-available basis beginning at 7:30 

a.m. 

Individuals who wish to present at 

the public meeting must register on or 

before March 16, 2015, and provide 

complete contact information, including 

name, title, firm name or affiliation, 

address, email, telephone and fax 

numbers. You should provide a brief 

description of your presentation, and 

indicate the approximate desired length 

of your presentation, so that FDA can 

consider these in organizing the 

presentations. FDA will do its best to 

accommodate requests to speak and will 

determine the amount of time allotted to 

each presenter and the approximate 

time that each oral presentation is 

scheduled to begin. After reviewing the 

presentation requests, FDA will notify 

each participant before the meeting of 

the amount of time available and the 

approximate time their presentation is 

scheduled to begin. If time permits, 

individuals or organizations that did not 

register in advance may be granted the 

opportunity to make a presentation. An 

agenda will be posted on the FDA Web 

site at http://www.fda.gov/Drugs/

NewsEvents/ucm431265.htm prior to 

the meeting. Presenters are encouraged 

to submit a copy of their presentation 

and related written material to the 

docket (see ‘‘Comments’’) in advance of 

the public meeting. 

If you need special accommodations 

because of a disability, please contact 

Ellen Molinaro (see FOR FURTHER

INFORMATION CONTACT) at least 7 days in 

advance. 

III. Streaming Webcast of the Public 

Meeting 

This public meeting will also be 

Webcast. Information about how to view 

the live Webcast of this meeting will be 

posted on the FDA Web site at http://

www.fda.gov/Drugs/NewsEvents/

ucm431265.htm prior to the meeting. 

IV. Comments 

Interested persons may submit either 

electronic comments regarding 

proposed alternatives to the proposed 

rule to http://www.regulations.gov or 

written comments to the Division of 

Dockets Management (see ADDRESSES). It 

is only necessary to send one set of 

comments. Identify comments with the 

docket number found in brackets in the 

heading of this document. Received 

comments may be seen in the Division 

of Dockets Management between 9 a.m. 

and 4 p.m., Monday through Friday, and 

will be posted to the docket at http://

www.regulations.gov. 

Electronic or written comments will 

be accepted after the public meeting 

until April 27, 2015. 

V. Transcripts 

Please be advised that as soon as 

possible after a transcript of the public 

meeting is available, it will be accessible 

at http://www.regulations.gov. It may be 

viewed at the Division of Dockets 

Management (see ADDRESSES). A 

transcript will also be available in either 

hardcopy or on CD–ROM, after 

submission of a Freedom of Information 

request. Written requests are to be sent 

to the Division of Freedom of 

Information (ELEM–1029), Food and 

Drug Administration, 12420 Parklawn 

Dr., Element Bldg., Rockville, MD 

20857. 

VI. Reference 

The following reference has been 

placed on display in the Division of 

Dockets Management (see ADDRESSES), 

and may be seen by interested persons 

between 9 a.m. and 4 p.m., Monday 

through Friday. 

1. Letter dated November 14, 2014, 

from Mr. Neas (GPhA) and Mr. 

Castellani (PhRMA) to Dr. Hamburg 

(FDA) regarding request for listening 

meeting on Expedited Agency Review 

proposal. 

Dated: February 11, 2015. 

Leslie Kux, 

Associate Commissioner for Policy. 

[FR Doc. 2015–03211 Filed 2–17–15; 8:45 am] 

BILLING CODE 4164–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[REG–102648–15] 

RIN 1545–BM66 

Request for Information on 

Suspensions of Benefits Under the 

Multiemployer Pension Reform Act of 

2014 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Request for information. 

SUMMARY: The Department of the 

Treasury invites public comments with 

regard to future guidance required to 

implement provisions of the 

Multiemployer Pension Reform Act of 

2014, Division O of the Consolidated 

and Further Continuing Appropriations 

Act, 2015, Public Law 113–235 (MPRA). 

MPRA generally permits a sponsor of a 

multiemployer defined benefit plan that 

is in critical and declining status to 

suspend certain benefits following the 

provision of specified notice, 

consideration of public comments, 

approval of an application for 

suspension, and satisfaction of other 

specified conditions (including a 

participant vote). 

DATES: Comments must be received by 

April 6, 2015. 

ADDRESSES: Send submissions to: 

CC:PA:LPD:PR (REG–102648–15), Room 

5205, Internal Revenue Service, PO Box 

7604, Ben Franklin Station, Washington, 

DC 20044. Submissions may be handdelivered Monday through Friday 

between the hours of 8 a.m. and 4 p.m. 

to: CC:PA:LPD:PR (REG–102648–15), 

Courier’s Desk, Internal Revenue 

Service, 1111 Constitution Avenue NW., 

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Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Proposed Rules 8579 

1Section 201(a) of MPRA makes parallel 

amendments to section 305 of ERISA. Under section 

101 of Reorganization Plan No. 4 of 1978 (43 FR 

47713), the Department of the Treasury has 

interpretive jurisdiction over the subject matter of 

this document for purposes of ERISA as well as the 

Code. 

Washington, DC, or sent electronically 

via the Federal eRulemaking Portal at 

http://www.regulations.gov (IRS REG– 

102648–15). All materials submitted 

will be shared with the Department of 

Labor and the Pension Benefit Guaranty 

Corporation, and will be available for 

public inspection and copying. 

FOR FURTHER INFORMATION CONTACT: 

Concerning the request for information, 

Jamie Dvoretzky at (202) 317–4102; 

concerning submission of comments, 

Regina Johnson at (202) 317–6901 (not 

toll-free numbers). 

SUPPLEMENTARY INFORMATION: 

Background 

Section 212 of the Pension Protection 

Act of 2006, Public Law 109–280 (120 

Stat. 780 (2006)) (PPA ’06) added 

section 432 of the Internal Revenue 

Code (Code), which prescribes funding 

rules for certain multiemployer defined 

benefit plans in endangered and critical 

status and permits plans in critical 

status to be amended to reduce certain 

otherwise protected benefits (referred to 

as ‘‘adjustable benefits’’). Section 202 of 

PPA ’06 amended section 305 of the 

Employee Retirement Income Security 

Act of 1974, Public Law 93–406 (88 Stat. 

829 (1974)), as amended (ERISA), to 

prescribe parallel rules. PPA ’06 

provided that section 432 and ERISA 

section 305 would sunset for plan years 

beginning after December 31, 2014. 

However, section 101 of MPRA made 

them permanent, with certain 

modifications. 

Section 201 of MPRA amended Code 

section 432 to add a new status, called 

‘‘critical and declining status,’’ for 

multiemployer defined benefit plans. 

Section 432(b)(6) provides that a plan in 

critical status is treated as being in 

critical and declining status if the plan 

satisfies the criteria for critical status, 

and in addition is projected to become 

insolvent within the meaning of section 

418E during the current plan year or any 

of the 14 succeeding plan years (or 19 

succeeding plan years if the plan has a 

ratio of inactive participants to active 

participants that exceeds two to one or 

if the funded percentage of the plan is 

less than 80 percent).1

Section 201 of MPRA also amended 

section 432(e)(9) to prescribe benefit 

suspension rules for multiemployer 

defined benefit plans in critical and 

declining status. Section 432(e)(9)(A) 

provides that notwithstanding section 

411(d)(6) and subject to the 

requirements of section 432(e)(9)(B) 

through (I), the plan sponsor of a plan 

in critical and declining status may, by 

plan amendment, suspend benefits that 

the sponsor deems appropriate. Section 

432(e)(9)(B) defines ‘‘suspension of 

benefits’’ as the temporary or permanent 

reduction of any current or future 

payment obligation of the plan to any 

participant or beneficiary under the 

plan, whether or not in pay status at the 

time of the suspension of benefits, and 

sets forth other rules relating to 

suspensions. In the case of plans with 

10,000 or more participants, section 

432(e)(9)(B) requires the plan sponsor to 

select a plan participant in pay status 

(who may also be a plan trustee) to act 

as a retiree representative throughout 

the suspension approval process. 

Section 432(e)(9)(C) prescribes the 

conditions that must be satisfied before 

a plan sponsor may suspend benefits. 

For example, section 432(e)(9)(C)(i) 

provides that the plan actuary must 

certify, taking into account the proposed 

suspensions of benefits (and, if 

applicable, a proposed partition of the 

plan under section 4233 of ERISA), that 

the plan is projected to avoid insolvency 

within the meaning of section 418E, 

assuming the suspensions of benefits 

continue until the suspensions of 

benefits expire by their own terms or, if 

no such expiration is set, indefinitely. 

Section 432(e)(9)(D) contains limitations 

on the benefits that may be suspended. 

For example, section 432(e)(9)(D)(ii) 

limits the applicability of a suspension 

in the case of a participant or 

beneficiary who has attained age 75 as 

of the effective date of the suspension 

and section 432(e)(9)(D)(iii) provides 

that no benefits based on disability (as 

defined under the plan) may be 

suspended. 

Section 432(e)(9)(E) prescribes rules 

relating to possible benefit 

improvements while a suspension of 

benefits is in effect. Section 432(e)(9)(F) 

contains notice requirements associated 

with a suspension of benefits. These 

include the requirement under section 

432(e)(9)(F)(i) that no suspension of 

benefits may be made unless notice to 

specified parties of the proposed 

suspension has been given by the plan 

sponsor (in the form and manner to be 

prescribed in guidance) concurrently 

with an application for approval of the 

suspension. Section 432(e)(9)(G) 

describes the process for approval or 

rejection of a plan sponsor’s application 

for a suspension of benefits, including 

that the Treasury Secretary, in 

consultation with the Pension Benefit 

Guaranty Corporation (PBGC) and the 

Secretary of Labor, shall approve an 

application upon finding that the plan 

is eligible for the suspension and has 

satisfied the criteria of section 

432(e)(9)(C), (D), (E), and (F). As part of 

this process, section 432(e)(9)(G)(ii) 

requires the publication of a request for 

comments within 30 days after receipt 

of an application for suspension of 

benefits, and section 432(e)(9)(G)(iii), 

(iv) and (v) prescribes rules for agency 

action and review of the application. 

Section 432(e)(9)(H) contains rules 

relating to the participant vote that is 

required before any suspension of 

benefits may take effect, with special 

rules for systemically important plans. 

The special rules include an 

opportunity for the Participant and Plan 

Sponsor Advocate selected under 

section 4004 of ERISA to submit 

recommendations with respect to a 

suspension in certain circumstances. 

Section 432(e)(9)(I) contains provisions 

relating to judicial review. 

An application for approval of a plan 

amendment to suspend benefits may be 

made in combination with an 

application to the PBGC for a partition 

of the plan, and a plan sponsor also may 

ask the PBGC for technical or financial 

assistance with a merger. The PBGC is 

issuing its own request for information 

to seek comment on the processes 

associated with applying for partition or 

merger assistance, including how such 

processes should be coordinated with 

the benefit suspension process. The 

agencies will coordinate on the 

development of processes that will 

apply to applications falling within 

their respective jurisdictions. 

Request for Information 

Comments are requested on matters 

that may be addressed in future 

guidance implementing section 

432(e)(9), and in particular on the 

following: 

1. How should future guidance 

address actuarial and other issues, 

including duration, related to the 

following certifications and 

determinations: 

a. The actuary’s certification under 

section 432(b)(3) that a multiemployer 

plan is in critical and declining status; 

b. The actuary’s section 432(e)(9)(C)(i) 

projection of continued solvency (taking 

into account the proposed suspension 

and, if applicable, a proposed partition 

under section 4233 of ERISA); and 

c. The plan sponsor’s section 

432(e)(9)(C)(ii) determination that the 

plan is projected to become insolvent 

unless benefits are suspended? 

2. For purposes of the section 

432(e)(9)(D)(iii) limitation that a 

suspension is not permitted to apply to 

benefits based on disability (as defined 

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8580 Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Proposed Rules 

under the plan), how can a plan sponsor 

identify which benefits are based on 

disability? 

3. For participants who have not yet 

retired: 

a. What practical issues should be 

considered as a result of the fact that 

their benefits are not yet fixed (for 

example, their benefits could vary as a 

result of future accruals, when they 

decide to retire and which optional form 

of benefit they select)? 

b. What practical issues should be 

considered in the case of a suspension 

of benefits that is combined with a 

reduction of future accruals or a 

reduction of section 432(e)(8) adjustable 

benefits (such as subsidized early 

retirement factors) under a 

rehabilitation plan? 

4. For participants who have retired, 

what practical issues should be 

considered regarding the section 

432(e)(9)(D)(ii) age limitations on 

suspensions, the application of the 

section 432(e)(9)(E) rules on benefit 

improvements, or other provisions? 

5. With respect to the section 

432(e)(9)(F) requirement to provide 

notice of the proposed suspension to 

plan participants and beneficiaries 

concurrently with the submission of the 

application for approval: 

a. What suggestions do commenters 

have for the steps that are needed to 

satisfy the requirement to provide notice 

to the plan participants and 

beneficiaries ‘‘who may be contacted by 

reasonable efforts,’’ including the 

application of that requirement to 

terminated vested participants? 

b. What practical issues do plan 

sponsors anticipate in providing 

individual estimates of the effect of the 

proposed suspensions on each 

participant and beneficiary? 

c. If the suspension is combined with 

other reductions as described in request 

number 3.b, how will the notice of 

proposed suspension interact with the 

notices required for those other 

reductions? 

d. What issues arise in coordinating 

benefit protections that are measured as 

of the date of suspension (such as the 

restriction on suspensions that apply to 

a participant or beneficiary who has 

attained age 75 as of the effective date 

of the suspension) with the timing of the 

application, notice, and voting process? 

6. With respect to item 5, please 

provide any examples of notices of 

proposed suspension that commenters 

would like to be considered in the 

development of a model notice. 

7. What issues arise in connection 

with the section 432(e)(9)(G)(ii) 

requirement to solicit comments on an 

application for suspension of benefits? 

a. Should the comments received 

from contributing employers, employee 

organizations, participants and 

beneficiaries, and other interested 

parties be made available to the public? 

b. How long should the comment 

period last? 

8. With respect to the section 

432(e)(9)(H) participant vote, what 

issues arise in connection with: 

a. Preparing the ballot, including 

developing a statement in opposition to 

the suspension compiled from 

comments and obtaining approval of the 

ballot within the statutory time 

constraints for conducting a vote; and 

b. Conducting the vote and obtaining 

certification of the results of the vote? 

9. What other practical issues do 

commenters anticipate will arise in the 

course of implementing these 

provisions? 

Timing of Applications and Notices 

Section 201(b)(7) of MPRA provides 

that, not later than 180 days after the 

date of the enactment of this Act, the 

Treasury Secretary, in consultation with 

the Pension Benefit Guaranty 

Corporation and the Secretary of Labor, 

shall publish appropriate guidance to 

implement section 432(e)(9). In 

addition, section 432(e)(9)(F)(i) provides 

that no suspension of benefits may be 

made unless notice of the proposed 

suspension has been given by the plan 

sponsor concurrently with an 

application for approval of the 

suspension, and section 

432(e)(9)(F)(iii)(I) provides that notice 

must be ‘‘provided in a form and 

manner prescribed in guidance.’’ 

Section 432(e)(9)(G)(i) provides that the 

Treasury Secretary, in consultation with 

the Pension Benefit Guaranty 

Corporation and the Secretary of Labor, 

shall approve an application for 

suspension upon finding that the plan 

has satisfied the criteria of section 

432(e)(9)(C), (D), (E), and (F). Because 

appropriate guidance is required to 

implement section 432(e)(9), including 

the procedures for the plan sponsor to 

submit an application for approval of a 

suspension of benefits and provide 

concurrent notice, a plan sponsor 

should not submit an application for a 

suspension of benefits until a date 

specified in that future guidance. 

Dated: February 11, 2015. 

David G. Clunie, 

Executive Secretary, Department of the 

Treasury. 

[FR Doc. 2015–03290 Filed 2–13–15; 11:15 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF JUSTICE 

Office of the Attorney General 

28 CFR Part 11 

[JMD Docket No. 152; A.G. Order No. 3493– 

2015] 

RIN 1105–NYD 

Department of Justice Debt Collection 

Regulations 

AGENCY: Department of Justice. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This rule proposes to amend 

the regulations that govern debt 

collection at the Department of Justice 

(Department) to bring the regulations 

into conformity with government-wide 

standards, to update or delete obsolete 

references, and to make other clarifying 

or technical changes. 

DATES: Written comments must be 

postmarked and electronic comments 

must be submitted on or before April 20, 

2015. Comments received by mail will 

be considered timely if they are 

postmarked on or before that date. The 

electronic Federal Docket Management 

System (FDMS) will accept comments 

until Midnight Eastern Time at the end 

of that day. 

ADDRESSES: The Department encourages 

that all comments be submitted 

electronically through http:// 

www.regulations.gov using the 

electronic comment form provided on 

that site. An electronic copy of this 

document is also available at the 

http://www.regulations.gov Web site for 

easy reference. Paper comments that 

duplicate the electronic submission are 

not necessary as all comments 

submitted to http://www.regulations.gov 

will be posted for public review and are 

part of the official docket record. Should 

you wish to submit written comments 

via regular or express mail, however, 

they should be sent to: Dennis Dauphin, 

Director, Debt Collection Management 

Staff, Justice Management Division, U.S. 

Department of Justice, Washington, DC 

20530. 

FOR FURTHER INFORMATION CONTACT: 

Dennis Dauphin, Director, Debt 

Collection Management Staff, or Morton 

J. Posner, Assistant General Counsel, 

Justice Management Division, U.S. 

Department of Justice, Washington, DC 

20530, (202) 514–5343 or (202) 514– 

3452. 

SUPPLEMENTARY INFORMATION: This rule 

updates the Department’s debt 

collection regulations at 28 CFR part 11, 

subpart A—Retention of Private Counsel 

for Debt Collection, Subpart B— 

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