[Federal Register Volume 70, Number 193 (Thursday, October 6, 2005)]
[Notices]
[Pages 58491-58492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20140]


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PENSION BENEFIT GUARANTY CORPORATION


Proposed Submission of Information Collection for OMB Review; 
Comment Request; Notice of Failure To Make Required Contributions

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 the collection of information 
under Part 4043 of its regulations relating to Notice of Failure to 
Make Required Contributions (OMB control number 1212-0041; expires 
January 31, 2006). This notice informs the public of the PBGC's intent 
and solicits public comment on the collection of information.

DATES: Comments must be submitted by December 5, 2005.

ADDRESSES: Comments may be mailed to the Legislative and Regulatory 
Department, 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 by e-mail 
to <a href="/cdn-cgi/l/email-protection#4f3f2e3f2a3d38203d24612c2022222a213b3c0f3f2d282c61282039"><span class="__cf_email__" data-cfemail="5727362732252038253c7934383a3a32392324172735303479303821">[email protected]</span></a>, or by fax to 202-326-4112. The PBGC

[[Page 58492]]

will make all comments available on its Web site at www.pbgc.gov.
    Copies of the collections 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 reportable events 
regulations, forms, and instructions may be accessed on the PBGC's Web 
site at www.pbgc.gov.

FOR FURTHER INFORMATION CONTACT: James L. Beller, Jr., Attorney, 
Legislative and Regulatory Department, Pension Benefit Guaranty 
Corporation, 1200 K Street, NW., Washington, DC 20005-4026, 202-326-
4024. (For TTY/TDD users, call the Federal relay service toll-free at 
1-800-877-8339 and ask to be connected to 202-326-4024.)

SUPPLEMENTARY INFORMATION: Section 302(f) of the Employee Retirement 
Income Security Act of 1974 (``ERISA'') and section 412(n) of the 
Internal Revenue Code of 1986 (``Code'') impose a lien in favor of an 
underfunded single-employer plan that is covered by the termination 
insurance program if (1) any person fails to make a required payment 
when due, and (2) the unpaid balance of that payment (including 
interest), when added to the aggregate unpaid balance of all preceding 
payments for which payment was not made when due (including interest), 
exceeds $1 million. (For this purpose, a plan is underfunded if its 
funded current liability percentage is less than 100 percent.) The lien 
is upon all property and rights to property belonging to the person or 
persons who are liable for required contributions (i.e., a contributing 
sponsor and each member of the controlled group of which that 
contributing sponsor is a member).
    Only the PBGC (or, at its direction, the plan's contributing 
sponsor or a member of the same controlled group) may perfect and 
enforce this lien. Therefore, ERISA and the Code require persons 
committing payment failures to notify the PBGC within 10 days of the 
due date whenever there is a failure to make a required payment and the 
total of the unpaid balances (including interest) exceeds $1 million.
    PBGC Form 200, Notice of Failure to Make Required Contributions, 
and related filing instructions, implement the statutory notification 
requirement. Submission of Form 200 is required by 29 CFR 4043.81.
    The collection of information under the regulation has been 
approved through January 31, 2006, by OMB under control number 1212-
0041. The 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.
    The PBGC estimates that it will receive 78 Form 200 filings per 
year under this collection of information. The PBGC further estimates 
that the average annual burden of this collection of information is 
160.5 hours and $44,132.
    The PBGC is soliciting public comments to--
    <bullet> Evaluate whether the proposed collections of information 
are 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 collections 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 collections 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 29th day of September, 2005.
Rick Hartt,
Chief Technology Officer, Pension Benefit Guaranty Corporation.
[FR Doc. 05-20140 Filed 10-5-05; 8:45 am]
BILLING CODE 7708-01-P


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