[Federal Register Volume 64, Number 148 (Tuesday, August 3, 1999)]
[Rules and Regulations]
[Pages 42246-42247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19862]



[[Page 42245]]

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Part V





Department of Labor





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Pension and Welfare Benefits Administration



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29 CFR Parts 2570 and 2575



Redesignation of Rules Relating to Adjustment of Civil Monetary 
Penalties; Final Rule

  Federal Register / Vol. 64, No. 148 / Tuesday, August 3, 1999 / Rules 
and Regulations  

[[Page 42246]]


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DEPARTMENT OF LABOR

Pension and Welfare Benefits Administration

29 CFR Parts 2570 and 2575


Redesignation of Rules Relating to Adjustment of Civil Monetary 
Penalties

AGENCY: Pension and Welfare Benefits Administration, Labor.

ACTION: Final rule.

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SUMMARY: This document contains a final rule which relocates and 
redesignates certain regulations relating to adjustment of civil 
monetary penalties under Title I of the Employee Retirement Income 
Security Act of 1974, as amended (ERISA). These changes are needed to 
simplify the organization and numbering of procedural regulations in 
the Code of Federal Regulations (CFR) relating to civil monetary 
penalties under Title I of ERISA.

EFFECTIVE DATE: August 3, 1999.

FOR FURTHER INFORMATION CONTACT: Rudy Nuissl, Office of Regulations and 
Interpretations, Pension and Welfare Benefits Administration, DOL (202) 
219 7461. This is not a toll free number.

SUPPLEMENTARY INFORMATION:

Background

    Part 2570 of Chapter XXV of Title 29 of the CFR contains procedural 
regulations relating to the assessment of civil penalties under Title I 
of ERISA. On July 29, 1997, the Department of Labor published at 62 FR 
40696 a final rule adopting five new sections effecting the adjustment 
for inflation of the civil monetary penalties under Title I of ERISA, 
pursuant to the requirements of the Federal Civil Penalties Inflation 
Adjustment Act of 1990, as amended by the Debt Collection Improvement 
Act of 1996. The July 29, 1997, final rule also amended the CFR by 
placing the penalty adjustment regulations in a new subpart E of Part 
2570.

Discussion of the Final Rule

    The final rule contained in this document amends the CFR by 
transferring all regulations in Subpart E of part 2570 to Subpart A of 
a new part 2575 of Chapter XXV of title 29 of the CFR and redesignating 
each of the regulations so transferred accordingly. This transfer will 
have the effect of simplifying the organization and numbering of 
procedural regulations in part 2570.

Publication in Final

    The Department has determined that this reorganization of 
regulations need not be published as a proposed rule, as generally 
required by the Administrative Procedure Act (APA, 5 U.S.C. 553), since 
this rulemaking merely reflects agency organization, procedure and 
practice. It is thus exempt under section 553(b)(A) of the APA.

Effective Date

    This final action will become effective upon publication pursuant 
to 5 U.S.C. 553(d). The undersigned has determined that good cause 
exists for waiving the customary requirement for delay in the effective 
date of a final rule for 30 days following its publication. This 
determination is based upon the fact that the rule is technical and 
non-substantive, and merely reflects agency organization, practice and 
procedure.

Executive Order 12866

    This rule has been drafted and reviewed in accordance with section 
1(b) of Executive Order 12866, Principles of Regulation. The Department 
has determined that this rule is not a ``significant regulatory 
action'' under Executive Order 12866, section 3(f), Regulatory Planning 
and Review. Accordingly, it does not require an assessment of potential 
costs and benefits under section 6(a)(3) of that order.

Regulatory Flexibility Act

    Because no notice of proposed rulemaking is required for this rule 
under section 553(b) of the APA, the requirements of the Regulatory 
Flexibility Act (5 U.S.C. 601) pertaining to regulatory flexibility 
analysis do not apply to the rule.

Paperwork Reduction Act

    This final rule is not subject to section 3504(h) of the Paperwork 
Reduction Act (44 U.S.C. 3501 et seq.) since it does not contain any 
new collection of information requirement.

Small Business Regulatory Enforcement Fairness Act

    The rule contained in this document is not subject to the 
provisions of the Small Business Regulatory Enforcement Fairness Act 
(SBREFA, 5 U.S.C 801 et seq.) because it is a rule of agency 
organization, procedure or practice that does not substantially affect 
the rights or obligations of non-agency parties, within the meaning of 
section 804(3)(C) of SBREFA.

Unfunded Mandates Reform Act

    For purposes of the Unfunded Mandates Reform Act of 1995 (Pub. L. 
104-4), as well as Executive Order 12875, the final rule contained in 
this document does not include any Federal mandate that may result in 
expenditures by State, local, or tribal governments, nor does it 
include mandates which may impose an annual burden of $100 million or 
more on the private sector.

List of Subjects

29 CFR Part 2570

    Administrative practice and procedure, Employee benefit plans, 
Employee Retirement Income Security Act, Penalties, Claims, Law 
enforcement, Pension and Welfare Benefits Administration, Reporting and 
disclosure.

29 CFR Part 2575

    Administrative practice and procedure, Employee benefit plans, 
Employee Retirement Income Security Act, Penalties, Pensions.

Statutory Authority

    This final rule is being adopted pursuant to the authority 
contained in section 505 of ERISA and section 553(b)(A) of the APA.
    For the reasons set forth in the preamble, Subchapter G of Chapter 
XXV of the Code of Federal Regulations is amended as follows:
    1. A new Part 2575 is added to read as follows:

PART 2575--ADJUSTMENT OF CIVIL PENALTIES UNDER ERISA TITLE I

    Authority: 29 U.S.C.1135; Secretary of Labor Order No. 1-87; 
sec.4, Pub.L. 101-410; 104 Stat.890 (28 U.S.C. 2461 note), as 
amended by sec.31001(s)(1), Pub.L.104-134,110 Stat.1321-373.

PART 2570--[AMENDED]

    2. The authority citation for Part 2570 is revised to read as 
follows:

    Authority: 5 U.S.C. 8477(c)(3); 29 U.S.C. 1108, 1135; 
Reorganization Plan No. 4 of 1978; Secretary of Labor Order No. 1-
87.

    Subpart A is also issued under 29 U.S.C. 1132(c)(1).

Subpart E--[Redesignated as Subpart A]

    3. Subpart E of Part 2570 is redesignated as Subpart A of Part 
2575.


Secs. 2570.100--257.502c-3  [Redesignated]

    4. Sections 2570.100 through 2570.502c-3 are redesignated as 
sections 2575.100 through 2575.502c-3.
    5. Subparts B through D are added and reserved in the new Part 
2575.

Subpart E--[Reserved]

    6. Subpart E of Part 2570 is reserved.


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    Signed at Washington, DC, this 28th day of July 1999,
Richard M. McGahey,
Assistant Secretary, Pension and Welfare Benefits Administration, U.S. 
Department of Labor.
[FR Doc. 99-19862 Filed 8-2-99; 8:45 am]
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