[Federal Register Volume 68, Number 31 (Friday, February 14, 2003)]
[Proposed Rules]
[Pages 7454-7471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-3081]


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PENSION BENEFIT GUARANTY CORPORATION

29 CFR Parts 4000, 4003, 4007, 4010, 4011, 4022, 4041, 4041A, 4043, 
4050, 4062, 4203, 4204, 4207, 4208, 4211, 4219, 4220, 4221, 4231, 
4245, 4281, 4901, 4902, 4903 and 4907

RIN 1212-AA89


Rules on Filings, Issuances, Computation of Time, and Electronic 
Means of Record Retention

AGENCY: Pension Benefit Guaranty Corporation.

ACTION: Proposed rule.

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SUMMARY: We propose, consistent with the Government Paperwork 
Elimination Act, to remove requirements from our regulations that might 
limit electronic filing with us or electronic issuances to others. The 
proposed rules will give us flexibility to keep pace with ever-changing 
technology. In addition, they simplify and consolidate our rules on 
what methods you may use to send us a filing or provide an issuance to 
someone other than us, on how to determine the date we treat you as 
having made your filing or provided your issuance, and on how to 
compute various periods of time (including those for filings with us 
and for issuances to third parties). Finally, they provide rules for 
maintaining records by electronic means.

DATES: Comments must be received by April 15, 2003.

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 the above address. Comments 
also may be sent by Internet e-mail to [email protected], or by fax 
to 202-326-4112. We will make all comments available on our Web site, 
http://www.pbgc.gov. Copies of comments also may be obtained by writing 
the PBGC's Communications and Public Affairs Department (CPAD) at Suite 
240 at the above address or by visiting or calling CPAD during normal 
business hours (202-326-4040).

FOR FURTHER INFORMATION CONTACT: Harold J. Ashner, Assistant General 
Counsel, or Thomas H. Gabriel, Attorney, Office of the General Counsel, 
PBGC, 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: These proposed rules are part of our ongoing 
implementation of the Government Paperwork Elimination Act (GPEA) and 
are consistent with the Office of Management and Budget directive to 
remove regulatory impediments to electronic transactions. They address 
electronic means for filings with us, issuances to third parties, and 
recordkeeping. They build in the flexibility needed to allow us to 
continue to expand the availability of electronic options as technology 
advances. Under the proposal, much of the detailed information on 
permitted electronic means will be on our Web site, http://www.pbgc.gov, which will be updated from time to time.
    The proposed rules make it easier for you to make a filing or 
provide an issuance on time by treating most types of submissions as 
filed or issued on the date sent (provided you meet certain 
requirements) rather than on the date received. In addition, under the 
proposal, the rules are easier to use--they are simpler, more uniform, 
and appear together in a single part of the regulations. The proposal 
makes similar simplifying changes to the rules for computing periods of 
time.
    Under this proposal, our filing, issuance, computation-of-time, and 
electronic record-retention rules are consolidated in new subparts A 
through E of part 4000.
    [sbull] New subpart A tells you what methods you may use for 
sending a filing to us. These new rules will apply to any filing with 
us under our regulations where the particular regulation calls for 
their application. For these purposes, we treat any payment to us under 
our regulations as a filing.

[[Page 7455]]

    [sbull] New subpart B tells you what methods you may use to issue a 
notice or otherwise provide information to any person other than us. 
These new rules will apply to any issuance (except a payment) under our 
regulations where the particular regulation calls for their 
application.
    [sbull] New subpart C tells you how we will determine the date you 
send us a filing and the date you provide an issuance to someone other 
than us (such as a participant). These new rules will apply to any 
filing or issuance under our regulations where the particular 
regulation calls for their application.
    [sbull] New subpart D tells you how to compute time periods. These 
new rules will apply to any time period under our regulations (e.g., 
for filings with us and issuances to third parties) where the 
particular regulation calls for their application.
    [sbull] New subpart E tells you how to comply with any 
recordkeeping requirement under our regulations using electronic means.
    Existing Part 4000's distribution and derivation tables, which show 
the changes that occurred as a result of the PBGC's July 1, 1996, 
reorganization and renumbering of its regulations (61 FR 32574), will 
be moved to the PBGC's Web site at http://www.pbgc.gov, and combined 
with similar tables showing the changes that occurred as a result of 
the PBGC's June 29, 1981, reorganization and renumbering of its 
regulations (46 FR 32574). A note at the beginning of the PBGC's 
regulations will refer users to the PBGC's Web site for the tables.

Method of Filing

    We are trying to provide as much flexibility as possible in filing 
methods. The proposed rules allow you to file any submission with us by 
hand, mail, or commercial delivery service, and refer you to our Web 
site, http://www.pbgc.gov, for current information on electronic 
filing, including permitted methods, fax numbers, and e-mail addresses. 
The instruction booklets and forms used for certain filings with us 
also will describe electronic and other filing methods, as appropriate, 
and will be available on our Web site.

Where To File

    Under the proposed rule, we are removing the filing addresses from 
our regulations and putting them on our Web site, http://www.pbgc.gov, 
and in the instructions to our forms; addresses will also be available 
through our Customer Service Center, 1-800-400-7242 (for participants), 
or 1-800-736-2444 (for practitioners). (TTY/TDD users may call the 
Federal relay service toll-free at 1-800-877-8339 and ask to be 
connected to the appropriate number.) Because we have different 
addresses for different types of filings, you should make sure to use 
the appropriate address for your type of filing. For example, some 
filings (such as premium payments) must be sent to a bank, while other 
filings (such as the Standard Termination Notice (Form 500)) must be 
sent to the appropriate department at our offices in Washington, DC.

Method of Issuance

    The proposed rules on methods of issuance permit you to use any 
method of issuance, provided you use measures reasonably calculated to 
ensure actual receipt of the material by the intended recipient. 
Posting is not a permissible method of issuance under the rules of this 
part. (However, for certain issuances, posting is specifically 
permitted by the regulation governing the particular issuance.)
    The proposed rules include a safe-harbor method for providing an 
issuance by electronic media. The proposed safe-harbor method generally 
tracks the Department of Labor's final rules (67 FR 17264 (April 9, 
2002)) concerning disclosure of certain employee benefit plan 
information through electronic media, as set out at 29 CFR 2520.104b-1. 
Our safe-harbor method would be available to any person using 
electronic media to satisfy issuance obligations under our regulations.
    These proposed rules on methods of issuance do not address 
compliance with the Electronic Signatures in Global and National 
Commerce Act, Pub. L. 106-229, 114 Stat. 464 (2000) (codified at 15 
U.S.C. 7001-7006) (``E-SIGN'').

Date of Filing or Issuance

    The proposed rules tell you how we will determine the date you 
filed your submission with us and the date you provided your issuance 
to someone other than us (such as a participant). In some cases, other 
PBGC rules relating to issuances to third parties refer to when an 
issuance is received. (For instance, when there is a request for 
abatement (regulation Sec.  4207.3), interest is credited to the 
employer if the plan sponsor does not issue a revised payment schedule 
reflecting the credit or make the required refund within 60 days after 
receipt by the plan sponsor of a complete abatement application 
action.) These proposed rules would not affect those other receipt 
rules for issuances to third parties. Similarly, these proposed rules 
would not affect any receipt rule for filings with the PBGC, except to 
the extent these rules describe how to determine when a document is 
received (for instance, filings received by the PBGC after 5 p.m. are 
treated as received on the next business day).

Date of Filing in General

    Under the proposed rule, we will treat most types of submissions as 
filed on the date you send the submission to us if you comply with 
certain requirements. The requirements vary depending on the method of 
filing you use. We may ask you for evidence of when you sent a 
submission to us.
    There are a few types of submissions to us that we always treat as 
filed when received (not when sent), no matter what method you use: (1) 
Applications for benefits and related submissions (unless the 
instructions for the applicable forms provide for an earlier date), (2) 
advance notices of reportable event (under subpart C of section 4043), 
(3) notices of missed contributions exceeding $1 million (under subpart 
D of section 4043), and (4) requests for approval of a multiemployer 
plan amendment. The ``filed-when-received'' rule is necessary for these 
submissions because we may need to act quickly to provide benefit 
payments, to protect participants or premium payers, or to act within a 
statutory time frame.
    In these cases, as well as cases where you do not meet the 
requirements for your filing date to be the date you send your 
submission, your filing date is the date we receive your submission. 
However, if we receive your submission after 5 p.m. (our time) on a 
business day, or anytime on a weekend or Federal holiday, we will treat 
it as received on the next business day.

Date of Issuance in General

    Under the proposed rule, we will treat most types of issuances to 
third parties as provided on the date you send the issuance if you 
comply with certain requirements. The requirements vary depending on 
the method of issuance you use. The proposed rules for determining the 
date of an issuance generally track the proposed rules for determining 
the date of a filing; however, there are some differences for issuances 
using electronic means. An electronic issuance meeting the proposed 
safe harbor will have the benefit of the ``send-date'' rule. An 
electronic issuance that meets the general standard for issuances 
(i.e., using measures reasonably calculated to ensure actual receipt), 
but not the safe harbor, will be deemed issued on the date received by 
the intended recipient.

[[Page 7456]]

Filing and Issuance by U.S. Postal Service

    If you send your submission to us, or provide an issuance to 
someone else, by First-Class Mail (or another at least equivalent 
class), and you properly mail it by the last scheduled collection of 
the day, your filing or issuance date is the date you mail it. If you 
properly mail it later than the last scheduled collection or on a day 
when there is no scheduled collection, your filing or issuance date is 
the date of the next scheduled collection.
    If your submission or issuance has a legible U.S. Postal Service 
postmark, we will presume your filing or issuance date is the date of 
the postmark. However, you may prove an earlier date. The same rules 
apply if your submission or issuance has a legible postmark made by a 
private postage meter (but no legible U.S. Postal Service postmark) and 
arrives at the proper address by the time reasonably expected.

Filing and Issuance Using the Postal Service of a Foreign Country

    If you send your submission to us, or provide an issuance to 
someone else, using the postal service of a foreign country, your 
filing or issuance date is the date of receipt at the proper address.

Filing and Issuance by Commercial Delivery Service

    If you send your submission to us, or provide an issuance to 
someone else, by a commercial delivery service that meets certain 
requirements (described below) and you properly deposit your submission 
or issuance by the last scheduled collection of the day, your filing or 
issuance date is the date you deposit your submission or issuance; if 
you properly deposit it later than the last scheduled collection or on 
a day when there is no scheduled collection, your filing or issuance 
date is the date of the next scheduled collection.
    To benefit from this ``send-date'' rule, you must use: (1) A 
``designated delivery service'' under Internal Revenue Code Sec.  
7502(f) (our Web site, http://www.pbgc.gov, will list the designated 
delivery services), or (2) a service for which it is reasonable to 
expect that your submission or issuance will arrive at the proper 
address by 5 p.m. on the second business day after the date of 
collection.

Filing and Issuance by Hand Delivery

    If you hand deliver your submission or issuance, your filing or 
issuance date is the date of receipt at the proper address. A hand-
delivered issuance need not be delivered while the intended recipient 
is physically present. For example, unless you have reason to believe 
that the intended recipient will not receive the notice within a 
reasonable amount of time, a notice is deemed to be received when you 
place it in the intended recipient's office mailbox.

Filing and Issuance by Electronic Delivery

    You may submit most types of filings to PBGC electronically. If you 
do, the filing date for your submission is the date you transmit it to 
us at the proper address, provided (1) you comply with the technical 
requirements for that type of submission (our Web site, http://www.pbgc.gov, tells you when electronic filing is permitted and, if so, 
identifies the technical requirements for each type of submission), and 
(2) when sending an e-mail with an attachment, you include, in the body 
of the e-mail, the name and telephone number of the person for us to 
contact if we are unable to read the attachment.
    Under certain circumstances, you may provide issuances 
electronically. An electronic issuance meeting the proposed safe harbor 
will have the benefit of a ``send-date'' rule. An electronic issuance 
that meets the general standard for issuances (i.e., using measures 
reasonably calculated to ensure actual receipt), but not the safe 
harbor for electronic filings, will be deemed issued on the date 
received by the intended recipient. For any issuance in the form of an 
e-mail, you must include, in the body of the e-mail, the name and 
telephone number of the person to contact if the recipient is unable to 
read the attachment.

Filing and Issuance by Submission of Computer Disk

    For most types of filings with PBGC, you may send us your 
submission on a computer disk (e.g., a CD-ROM or floppy diskette). 
Similarly, you may be able to provide certain issuances on computer 
disk. For filings, you must comply with the technical requirements for 
that type of submission. For issuances, you must meet certain safe-
harbor requirements. For both filings and issuances, you must include, 
in a paper cover letter or on the disk's label, the name and telephone 
number of the person to contact if we or the intended recipient is 
unable to read the disk. The rules for determining the filing or 
issuance date of your submission of a computer disk will apply as if 
you sent us a paper version of your submission.

Requirement To Resend

    If you have reason to believe that we or the intended recipient has 
not received your electronic or paper filing or issuance (or has 
received it in a form that is not useable), you must promptly resend 
it. If you do so, we will treat it as filed or issued on the original 
filing or issuance date. If you are not prompt, your filing or issuance 
date will be the filing or issuance date of the resubmission or 
reissuance.

De Minimis Issuance Errors

    We will not treat your issuance as untimely based on your failure 
to provide it to a participant or beneficiary in a timely manner if the 
failure resulted from administrative error and involved only a de 
minimis percentage of intended recipients, provided that you resend the 
issuance to the intended recipient promptly after discovering the 
error. (Under our existing regulations, this rule applies only to 
standard and distress termination issuances; the proposed rule applies 
it to all our issuances under our regulations.)

Computation of Time

    The proposed computation-of-time rules tell you how to compute time 
periods under our regulations (e.g., for filings with us and issuances 
to third parties) where the particular regulation calls for their 
application. (Some of our regulations will contain specific exceptions 
or modifications to these proposed rules.)
    When computing a time period (whether counting forwards or 
backwards) under these rules, exclude the day of the act, event, or 
default that begins the period; include the last day of the period; and 
if the last day is a weekend or Federal holiday, extend or shorten the 
period (whichever benefits you in complying with the time requirement) 
to the next regular business day. The weekend and holiday rule also 
applies to deadlines for which counting is not required, such as ``the 
last day'' of a plan year.
    For example, suppose that you miss a required minimum funding 
contribution of $2 million that has a November 13, 2003, due date. 
Under our regulations, you are required to file a notice of a missed 
contribution (Form 200) no later than 10 days after the due date for 
the missed contribution. To determine your deadline, count November 14 
as day 1, November 15 as day 2, November 16 as day 3, and so on. 
Therefore, November 23 is day 10. Since November 23, 2003, is a Sunday, 
you will have until Monday, November 24, 2003, to file the notice.
    As another example, suppose you are required to file an advance 
notice of reportable event for a transaction that is effective December 
16, 2003. Under our

[[Page 7457]]

regulations, the notice is due at least 30 days before the effective 
date of the event. To determine your deadline, count December 15 as day 
1, December 14 as day 2, December 13 as day 3, and so on. Therefore, 
November 16 is day 30. Since November 16, 2003, is a Sunday, you will 
have until Monday, November 17, 2003, to file the notice.
    If a time period is measured in months, you would first identify 
the day of the calendar month on which you start counting (i.e., the 
date of the act, event, or default that triggers the period). Then you 
would look to the corresponding day of the calendar month in which you 
stop counting. For example, a one-month period measured from January 15 
ends (if counting forward) on February 15 or (if counting backward) on 
December 15. In this example, as in most cases where you are counting 
months, the day of the calendar month in which the period starts (the 
15th) corresponds to the same numbered day of the calendar month in 
which the period ends. There are two special rules that apply where you 
start counting on a day that is at or near the end of a calendar month:
    [sbull] If you start counting on the last day of a calendar month, 
the corresponding day of any later (or earlier) calendar month is the 
last day of that calendar month. For example, for a three-month period 
measured from November 30, the corresponding day (if counting forward) 
is the last day of February (the 28th or 29th) or (if counting 
backward) the last day of August (the 31st).
    [sbull] If you start counting on the 29th or 30th of a calendar 
month, the corresponding day of February is the last day of February. 
For example, for a one-month period measured from January 29, the 
corresponding day is the last day of February (the 28th or 29th).

Electronic Means of Record Retention

    The proposed rule provides guidance on record maintenance and 
retention using electronic means. The proposed rule generally tracks 
the Department of Labor's final rules (67 FR 17264 (April 9, 2002)) for 
retaining records by electronic means, set out at 29 CFR 2520.107-1.
    You remain responsible for following our electronic recordkeeping 
rules, even if you rely on others for help. For example, if a service 
provider to a plan administrator creates, maintains, retains, prepares, 
or keeps physical custody of the plan's records, the plan administrator 
must ensure that the service provider complies with these rules.
    The proposed recordkeeping requirements are consistent with the 
goals of E-SIGN and are designed to facilitate voluntary use of 
electronic records while ensuring continued accuracy, integrity and 
accessibility of records required to be kept under our regulations. The 
requirements are justified by the importance of the records involved, 
are substantially equivalent to the requirements imposed on records 
that are not electronic records, will not impose unreasonable costs on 
the acceptance and use of electronic records, and do not require, or 
accord greater legal status or effect to, the implementation or 
application of a specific technology or technical specification for 
performing the functions of creating, storing, generating, receiving, 
communicating, or authenticating electronic records.

Paperwork Reduction Act

    Under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501-3520, 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 Office of Management and Budget (OMB) control number. The 
information collection requirements related to the regulations that 
would be affected by this proposed action were previously approved by 
OMB. We are requesting OMB's approval of the proposed changes in our 
filing, issuance, computation-of-time, and recordkeeping rules.
    The proposed rules will promote the use of appropriate automated, 
electronic, or other technological collection techniques or other forms 
of information technology in connection with the approved information 
collections. Although the proposed rules are expected to make the 
information collections more convenient to the public by allowing use 
of electronic means, expanding the choice of filing, issuance, and 
recordkeeping methods, and giving the benefit of a ``when-sent'' filing 
or issuance date for most types of submissions, we do not expect the 
changes to materially affect burden and are therefore not revising the 
annual burden estimates currently approved by OMB for each of our 
regulations.
    We invite comment from the public on any issues arising under the 
Paperwork Reduction Act relating to this proposed rule. We specifically 
seek public comments to:
    [sbull] Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    [sbull] Evaluate the accuracy of the estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used;
    [sbull] Enhance the quality, utility, and clarity of the 
information to be collected; and
    [sbull] 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.

Compliance With Rulemaking Guidelines

    The PBGC has determined, in consultation with the Office of 
Management and Budget, that this proposed rule is not a ``significant 
regulatory action'' under Executive Order 12866.
    We certify under section 605(b) of the Regulatory Flexibility Act 
that the proposed rule will not have a significant economic impact on a 
substantial number of small entities. The proposed rule does not affect 
the underlying requirements (e.g., to file a submission with us, 
provide an issuance to a third party, or retain records) to which the 
proposed rules would apply. Nor does the final rule require any plan or 
other entity to make use of electronic media for either disclosure or 
recordkeeping purposes or to change the method it currently uses. 
Entities may avoid both any marginal cost and any beneficial impacts by 
simply retaining their existing paper-based or electronic methods of 
compliance with disclosure requirements or existing paper-based methods 
of compliance with recordkeeping requirements. (For those entities that 
already use electronic media for recordkeeping purposes, any expense 
associated with conforming their procedures to the minimum standards in 
this proposal would be marginal.) We do not expect the economic impact 
(if any) associated with the proposed changes to be significant for 
entities of any size, and therefore certify that the proposed rule 
would not have a significant economic impact on a substantial number of 
small entities. Accordingly, sections 603 and 604 of the Regulatory 
Flexibility Act do not apply.

[[Page 7458]]

List of Subjects

29 CFR Part 4000

    Pension insurance, Pensions, Reporting and recordkeeping 
requirements.

29 CFR Part 4003

    Administrative practice and procedure, Pension insurance.

29 CFR Part 4007

    Employee benefit plans, Penalties, Pension insurance, Reporting and 
recordkeeping requirements.

29 CFR Part 4010

    Employee benefit plans; Penalties; Pension insurance; Reporting and 
recordkeeping requirements.

29 CFR Part 4011

    Employee benefit plans, Pension insurance, Reporting and 
recordkeeping requirements.

29 CFR Part 4022

    Employee benefit plans, Pension insurance, Reporting and 
recordkeeping requirements.

29 CFR Part 4041

    Employee benefit plans, Pension insurance, Reporting and 
recordkeeping requirements.

29 CFR Part 4041A

    Employee benefit plans, Pension insurance, Reporting and 
recordkeeping requirements.

29 CFR Part 4043

    Employee benefit plans, Pension insurance, Reporting and 
recordkeeping requirements.

29 CFR Part 4050

    Employee benefit plans, Pension insurance, Reporting and 
recordkeeping requirements.

29 CFR Part 4062

    Employee benefit plans, Pension insurance, Reporting and 
recordkeeping requirements.

29 CFR Part 4203

    Employee benefit plans, Pension insurance, Reporting and 
recordkeeping requirements.

29 CFR Part 4204

    Employee benefit plans, Pension insurance, Reporting and 
recordkeeping requirements.

29 CFR Part 4207

    Employee benefit plans, Pension insurance.

29 CFR Part 4208

    Employee benefit plans, Pension insurance, Reporting and 
recordkeeping requirements.

29 CFR Part 4211

    Employee benefit plans, Pension insurance, Reporting and 
recordkeeping requirements.

29 CFR Part 4219

    Employee benefit plans, Pension insurance, Reporting and 
recordkeeping requirements.

29 CFR Part 4220

    Employee benefit plans, Pension insurance, Reporting and 
recordkeeping requirements.

29 CFR Part 4221

    Employee benefit plans, Pension insurance.

29 CFR Part 4231

    Employee benefit plans, Pension insurance, Reporting and 
recordkeeping requirements.

29 CFR Part 4245

    Employee benefit plans, Pension insurance, Reporting and 
recordkeeping requirements.

29 CFR Part 4281

    Employee benefit plans, Pension insurance, Reporting and 
recordkeeping requirements.

29 CFR Part 4901

    Freedom of information.

29 CFR Part 4902

    Privacy.

29 CFR Part 4903

    Claims, Government employees, Income taxes.

29 CFR Part 4907

    Administrative practice and procedure, Civil rights, Equal 
employment opportunity, Federal buildings and facilities, Individuals 
with disabilities.

    For the reasons set forth above, the PBGC proposes to amend 29 CFR 
parts 4000, 4003, 4007, 4010, 4011, 4022, 4041, 4041A, 4043, 4050, 
4062, 4203, 4204, 4207, 4208, 4211, 4219, 4220, 4221, 4231, 4245, 4281, 
4901, 4902, 4903 and 4907 of 29 CFR chapter XL as follows:
    1. Add the following note above the heading for Subchapter A of 
Chapter XL:

    Note: PBGC's regulations were substantially reorganized and 
renumbered effective June 29, 1981 (at 46 FR 32574) and July 1, 1996 
(at 61 FR 34002). Distribution and derivation tables showing the 
changes that occurred as a result of these amendments are available 
on the PBGC's Web site at http://www.pbgc.gov.

    2. Revise part 4000 to read as follows:

PART 4000--FILING, ISSUANCE, COMPUTATION OF TIME, AND RECORD 
RETENTION

Subpart A--Filing Rules
Sec.
4000.1 What are these filing rules about?
4000.2 What definitions do I need to know for these rules?
4000.3 What methods of filing may I use?
4000.4 Where do I file my submission?
4000.5 Does the PBGC have discretion to waive these filing 
requirements?
Subpart B--Issuance Rules
4000.11 What are these issuance rules about?
4000.12 What definitions do I need to know for these rules?
4000.13 What methods of issuance may I use?
4000.14 What is the safe-harbor method for providing an issuance by 
electronic media?
4000.15 Does the PBGC have discretion to waive these issuance 
requirements?
Subpart C--Determining Filing and Issuance Dates
4000.21 What are these rules for determining the date of a filing or 
issuance about?
4000.22 What definitions do I need to know for these rules?
4000.23 When is my submission or issuance treated as filed or 
issued?
4000.24 What if I mail my submission or issuance using the U.S. 
Postal Service?
4000.25 What if I use the postal service of a foreign country?
4000.26 What if I use a commercial delivery service?
4000.27 What if I hand deliver my submission or issuance?
4000.28 What if I send a computer disk?
4000.29 What if I use electronic delivery?
4000.30 What if I need to resend my filing or issuance for technical 
reasons?
4000.31 Is my issuance untimely if I miss a few participants or 
beneficiaries?
4000.32 Does the PBGC have discretion to waive any requirements 
under this part?
Subpart D--Computation of Time
4000.41 What are these computation-of-time rules about?
4000.42 What definitions do I need to know for these rules?
4000.43 How do I compute a time period?
Subpart E--Electronic Means of Record Retention
4000.51 What are these record retention rules about?
4000.52 What definitions do I need to know for these rules?
4000.53 May I use electronic media to satisfy PBGC's record 
retention requirements?

[[Page 7459]]

4000.54 May I dispose of original paper records if I keep electronic 
copies?

    Authority: 29 U.S.C. 1082(f), 1302(b)(3).

Subpart A--Filing Rules


Sec.  4000.1  What are these filing rules about?

    Where a particular regulation calls for their application, the 
rules in this subpart A of part 4000 tell you what filing methods you 
may use for any submission (including a payment) to us. They do not 
cover an issuance from you to anyone other than the PBGC, such as a 
notice to participants. Also, they do not cover filings with us that 
are not made under our regulations, such as procurement filings, 
litigation filings, and applications for employment with us. (Subpart B 
tells you what methods you may use to issue a notice or otherwise 
provide information to any person other than us. Subpart C tells you 
how we determine your filing or issuance date. Subpart D tells you how 
to compute various periods of time. Subpart E tells you how to maintain 
required records in electronic form.)


Sec.  4000.2  What definitions do I need to know for these rules?

    You need to know two definitions from Sec.  4001.2 of this chapter: 
PBGC and person. You also need to know the following definitions:
    Filing means any notice, information, or payment that you submit to 
us under our regulations.
    Issuance means any notice or other information you provide to any 
person other than us under our regulations.
    We means the PBGC.
    You means the person filing with us.


Sec.  4000.3  What methods of filing may I use?

    (a) Paper filings. You may file any submission with us by hand, 
mail, or commercial delivery service.
    (b) Electronic filings. Current information on electronic filings, 
including permitted methods, fax numbers, and e-mail addresses, is--
    (1) On our Web site, http://www.pbgc.gov;
    (2) In our various printed forms and instructions packages; and
    (3) Available by contacting our Customer Service Center at 1200 K 
Street, NW, Washington, DC, 20005-4026; telephone 1-800-400-7242 (for 
participants), or 1-800-736-2444 (for practitioners). (TTY/TDD users 
may call the Federal relay service toll-free at 1-800-877-8339 and ask 
to be connected to the appropriate number.)


Sec.  4000.4  Where do I file my submission?

    To find out where to send your submission, visit our Web site at 
http://www.pbgc.gov, see the instructions to our forms, or call our 
Customer Service Center (1-800-400-7242 for participants, or 1-800-736-
2444 for practitioners; TTY/TDD users may call the Federal relay 
service toll-free at 1-800-877-8339 and ask to be connected to the 
appropriate number.) Because we have different addresses for different 
types of filings, you should make sure to use the appropriate address 
for your type of filing. For example, some filings (such as premium 
payments) must be sent to a specified bank, while other filings (such 
as the Standard Termination Notice (Form 500)) must be sent to the 
appropriate department at our offices in Washington, DC.


Sec.  4000.5  Does the PBGC have discretion to waive these filing 
requirements?

    We retain the discretion to waive any requirement under this part, 
at any time, if warranted by the facts and circumstances.

Subpart B--Issuance Rules


Sec.  4000.11  What are these issuance rules about?

    Where a particular regulation calls for their application, the 
rules in this subpart B of part 4000 tell you what methods you may use 
to issue a notice or otherwise provide information to any person other 
than us (e.g., a participant or beneficiary). They do not cover 
payments to third parties. In some cases, the PBGC regulations tell you 
to comply with requirements that are found somewhere other than in the 
PBGC's own regulations (e.g., requirements under the Internal Revenue 
Code (Title 26 of the United States Code)). If so, you must comply with 
any applicable issuance rules under those other requirements. (Subpart 
A tells you what filing methods you may use for filings with us. 
Subpart C tells you how we determine your filing or issuance date. 
Subpart D tells you how to compute various periods of time. Subpart E 
tells you how to maintain required records in electronic form.)


Sec.  4000.12  What definitions do I need to know for these rules?

    You need to know two definitions from Sec.  4001.2 of this chapter: 
PBGC and person. You also need to know the following definitions:
    Filing means any notice, information, or payment that you submit to 
us under our regulations.
    Issuance means any notice or other information you provide to any 
person other than us under our regulations.
    We means the PBGC.
    You means the person providing the issuance to a third party.


Sec.  4000.13  What methods of issuance may I use?

    (a) In general. You may use any method of issuance, provided you 
use measures reasonably calculated to ensure actual receipt of the 
material by the intended recipient. Posting is not a permissible method 
of issuance under the rules of this part.
    (b) Electronic safe-harbor method. Section 4000.14 provides a safe-
harbor method for meeting the requirements of paragraph (a) of this 
section when providing an issuance using electronic media.


Sec.  4000.14  What is the safe harbor method for providing an issuance 
by electronic media?

    (a) In general. Except as otherwise provided by applicable law, 
rule or regulation, you satisfy the requirements of Sec.  4000.13 if 
you follow the methods described at paragraph (b) of this section when 
providing an issuance by electronic media to any person described in 
paragraph (c) or (d) of this section.
    (b) Issuance requirements. (1) You must take appropriate and 
necessary measures reasonably calculated to ensure that the system for 
furnishing documents--
    (i) Results in actual receipt of transmitted information (e.g., 
using return-receipt or notice of undelivered electronic mail features, 
conducting periodic reviews or surveys to confirm receipt of the 
transmitted information); and
    (ii) Protects confidential information relating to the intended 
recipient (e.g., incorporating into the system measures designed to 
preclude unauthorized receipt of or access to such information by 
anyone other than the intended recipient);
    (2) You prepare and furnish electronically delivered documents in a 
manner that is consistent with the style, format and content 
requirements applicable to the particular document;
    (3) You provide each intended recipient with a notice, in 
electronic or non-electronic form, at the time a document is furnished 
electronically, that apprises the intended recipient of--
    (i) The significance of the document when it is not otherwise 
reasonably evident as transmitted (e.g., ``The attached participant 
notice contains information on the funding level of your defined 
benefit pension plan and the benefits guaranteed by the Pension Benefit 
Guaranty Corporation.''); and
    (ii) The intended recipient's right to request and obtain a paper 
version of such document; and

[[Page 7460]]

    (4) You give the intended recipient, upon request, a paper version 
of the electronically furnished documents.
    (c) Employees with electronic access. This section applies to a 
participant who--
    (1) Has the ability to effectively access the document furnished in 
electronic form at any location where the participant is reasonably 
expected to perform duties as an employee; and
    (2) With respect to whom access to the employer's electronic 
information system is an integral part of those duties.
    (d) Any person. This section applies to any person who--
    (1) Except as provided in paragraph (d)(2) of this section, has 
affirmatively consented, in electronic or non-electronic form, to 
receiving documents through electronic media and has not withdrawn such 
consent;
    (2) In the case of documents to be furnished through the Internet 
or other electronic communication network, has affirmatively consented 
or confirmed consent electronically, in a manner that reasonably 
demonstrates the person's ability to access information in the 
electronic form that will be used to provide the information that is 
the subject of the consent, and has provided an address for the receipt 
of electronically furnished documents;
    (3) Prior to consenting, is provided, in electronic or non-
electronic form, a clear and conspicuous statement indicating:
    (i) The types of documents to which the consent would apply;
    (ii) That consent can be withdrawn at any time without charge;
    (iii) The procedures for withdrawing consent and for updating the 
participant's, beneficiary's or other person's address for receipt of 
electronically furnished documents or other information;
    (iv) The right to request and obtain a paper version of an 
electronically furnished document, including whether the paper version 
will be provided free of charge;
    (v) Any hardware and software requirements for accessing and 
retaining the documents; and
    (4) Following consent, if a change in hardware or software 
requirements needed to access or retain electronic documents creates a 
material risk that the person will be unable to access or retain 
electronically furnished documents,
    (i) Is provided with a statement of the revised hardware or 
software requirements for access to and retention of electronically 
furnished documents;
    (ii) Is given the right to withdraw consent without charge and 
without the imposition of any condition or consequence that was not 
disclosed at the time of the initial consent; and
    (iii) Again consents, in accordance with the requirements of 
paragraph (d)(1) or paragraph (d)(2) of this section, as applicable, to 
the receipt of documents through electronic media.


Sec.  4000.15  Does the PBGC have discretion to waive these issuance 
requirements?

    We retain the discretion to waive any requirement under this part, 
at any time, if warranted by the facts and circumstances.

Subpart C--Determining Filing and Issuance Dates


Sec.  4000.21  What are these rules for determining the filing or 
issuance date about?

    Where the particular regulation calls for their application, the 
rules in this subpart C of part 4000 tell you how we will determine the 
date you send us a filing and the date you provide an issuance to 
someone other than us (such as a participant). These rules do not cover 
payments to third parties. In addition, they do not cover filings with 
us that are not made under our regulations, such as procurement 
filings, litigation filings, and applications for employment with us. 
In some cases, the PBGC regulations tell you to comply with 
requirements that are found somewhere other than in the PBGC's own 
regulations (e.g., requirements under the Internal Revenue Code (Title 
26 of the United States Code)). In meeting those requirements, you 
should follow any applicable rules under those requirements for 
determining the filing and issuance date. (Subpart A tells you what 
filing methods you may use for filings with us. Subpart B tells you 
what methods you may use to issue a notice or otherwise provide 
information to any person other than us. Subpart D tells you how to 
compute various periods of time. Subpart E tells you how to maintain 
required records in electronic form.)


Sec.  4000.22  What definitions do I need to know for these rules?

    You need to know two definitions from Sec.  4001.2 of this chapter: 
PBGC and person. You also need to know the following definitions:
    Business day means a day other than a Saturday, Sunday, or Federal 
holiday.
    We means the PBGC.
    You means the person filing with us or the person providing the 
issuance to a third party.


Sec.  4000.23  When is my submission or issuance treated as filed or 
issued?

    (a) Filed or issued when sent. Generally, we treat your submission 
as filed, or your issuance as provided, on the date you send it, if you 
meet certain requirements. The requirements depend upon the method you 
use to send your submission or issuance (see Sec. Sec.  4000.24 through 
4000.29). (Certain filings are always treated as filed when received, 
as explained in paragraph (b)(2) of this section.)
    (b) Filed or issued when received. (1) In general. If you do not 
meet the requirements for your submission or issuance to be treated as 
filed or issued when sent (see Sec. Sec.  4000.24 through 4000.32), we 
treat it as filed or issued on the date received in a permitted format 
at the proper address.
    (2) Certain filings always treated as filed when received. We treat 
the following submissions as filed on the date we receive your 
submission, no matter what method you use:
    (i) Applications for benefits. An application for benefits or 
related submission (unless the instructions for the applicable forms 
provide for an earlier date);
    (ii) Advance notices of reportable events. Information required 
under subpart C of part 4043 of this chapter, dealing with advance 
notice of reportable events;
    (iii) Form 200 filings. Information required under subpart D of 
part 4043 of this chapter, dealing with notice of certain missed 
minimum funding contributions; and
    (iv) Requests for approval of multiemployer plan amendments. A 
request for approval of an amendment filed with the PBGC pursuant to 
part 4220 of this chapter.
    (3) Determining our receipt date for your filing. If we receive 
your submission at the correct address by 5 p.m. (our time) on a 
business day, we treat it as received on that date. If we receive your 
submission at the correct address after 5 p.m. on a business day, or 
anytime on a weekend or Federal holiday, we treat it as received on the 
next business day. For example, if you send your fax or e-mail of a 
Form 200 filing to us in Washington, DC, on Friday, March 15, from 
California at 3 p.m. (Pacific standard time), and we receive it 
immediately at 6 p.m. (our time), we treat it as received on Monday, 
March 18.


Sec.  4000.24  What if I mail my submission or issuance using the U.S. 
Postal Service?

    (a) In general. Your filing or issuance date is the date you mail 
your submission or issuance using the U.S.

[[Page 7461]]

Postal Service if you meet the requirements of paragraph (b) of this 
section, and you mail it by the last scheduled collection of the day. 
If you mail it later than that, or if there is no scheduled collection 
that day, your filing or issuance date is the date of the next 
scheduled collection. If you do not meet the requirements of paragraph 
(b), your filing or issuance date is the date of receipt at the proper 
address.
    (b) Requirements for ``send date.'' Your submission or issuance 
must meet the applicable postal requirements, be properly addressed, 
and you must use First-Class Mail (or a U.S. Postal Service mail class 
that is at least the equivalent of First-Class Mail, such as Priority 
Mail or Express Mail). However, if you are filing an advance notice of 
reportable event or a Form 200 (notice of certain missed 
contributions), see Sec.  4000.23(b); these filings are always treated 
as filed when received.
    (c) Presumptions. We make the following presumptions--
    (1) U.S. Postal Service postmark. If you meet the requirements of 
paragraph (b) of this section and your submission or issuance has a 
legible U.S. Postal Service postmark, we presume that the postmark date 
is the filing or issuance date. However, you may prove an earlier date 
under paragraph (a) of this section.
    (2) Private meter postmark. If you meet the requirements of 
paragraph (b) of this section and your submission or issuance has a 
legible postmark made by a private postage meter (but no legible U.S. 
Postal Service postmark) and arrives at the proper address by the time 
reasonably expected, we presume that the metered postmark date is your 
filing or issuance date. However, you may prove an earlier date under 
paragraph (a) of this section.
    (d) Examples. (1) You mail your issuance using the U.S. Postal 
Service and meet the requirements of paragraph (b) of this section. You 
deposit your issuance in a mailbox at 4 p.m. on Friday, March 15 and 
the next scheduled collection at that mailbox is 5 p.m. that day. Your 
issuance date is March 15. If on the other hand you deposit it at 6 
p.m. and the next collection at that mailbox is not until Monday, March 
18, your issuance date is March 18.
    (2) You mail your submission using the U.S. Postal Service and meet 
the requirements of paragraph (b) of this section. You deposit your 
submission in the mailbox at 4 p.m. on Friday, March 15, and the next 
scheduled collection at that mailbox is 5 p.m. that day. If your 
submission does not show a March 15 postmark, then you may prove to us 
that you mailed your submission by the last scheduled collection on 
March 15.


Sec.  4000.25  What if I use the postal service of a foreign country?

    If you send your submission or issuance using the postal service of 
a foreign country, your filing or issuance date is the date of receipt 
at the proper address.


Sec.  4000.26  What if I use a commercial delivery service?

    (a) In general. Your filing or issuance date is the date you 
deposit your submission or issuance with the commercial delivery 
service if you meet the requirements of paragraph (b) of this section, 
and you deposit it by the last scheduled collection of the day for the 
type of delivery you use (such as two-day delivery or overnight 
delivery). If you deposit it later than that, or if there is no 
scheduled collection that day, your filing or issuance date is the date 
of the next scheduled collection. If you do not meet the requirements 
of paragraph (b), your filing or issuance date is the date of receipt 
at the proper address. However, if you are filing an advance notice of 
reportable event or a Form 200 (notice of certain missed 
contributions), see Sec.  4000.23(b); these filings are always treated 
as filed when received.
    (b) Requirements for ``send date.'' Your submission or issuance 
must meet the applicable requirements of the commercial delivery 
service, be properly addressed, and--
    (1) Delivery within two days. It must be reasonable to expect your 
submission or issuance will arrive at the proper address by 5 p.m. on 
the second business day after the next scheduled collection; or
    (2) Designated delivery service. You must use a ``designated 
delivery service'' under section 7502(f) of the Internal Revenue Code 
(Title 26 of the United States Code). Our Web site, http://www.pbgc.gov, lists those designated delivery services. You should make 
sure that both the provider and the particular type of delivery (such 
as two-day delivery) are designated.
    (c) Example. You send your submission by commercial delivery 
service using two-day delivery. In addition, you meet the requirements 
of paragraph (b). Suppose the deadline for two-day delivery at the 
place you make your deposit is 8 p.m. on Friday, March 15. If you 
deposit your submission by the deadline, your filing date is March 15. 
If, instead, you deposit it after the 8 p.m. deadline and the next 
collection at that site for two-day delivery is on Monday, March 18, 
your filing date is March 18.


Sec.  4000.27  What if I hand deliver my submission or issuance?

    Your filing or issuance date is the date of receipt of your hand-
delivered submission or issuance at the proper address. A hand-
delivered issuance need not be delivered while the intended recipient 
is physically present. For example, unless you have reason to believe 
that the intended recipient will not receive the notice within a 
reasonable amount of time, a notice is deemed to be received when you 
place it in the intended recipient's office mailbox. Our Web site, 
http://www.pbgc.gov, and the instructions to our forms, identify the 
proper addresses for filings with us.


Sec.  4000.28  What if I send a computer disk?

    (a) In general. We determine your filing or issuance date for a 
computer disk as if you had sent a paper version of your submission or 
issuances if you meet the requirements of paragraph (b) of this 
section.
    (1) Filings. For computer-disk filings, we may treat your 
submission as invalid if you fail to meet the requirements of paragraph 
(b)(1) or (b)(3) of this section.
    (2) Issuances. For computer-disk issuances, we may treat your 
issuance as invalid if--
    (i) You fail to meet the requirements (``using measures reasonably 
calculated to ensure actual receipt'') of Sec.  4000.13(a), or
    (ii) You fail to meet the contact information requirements of 
paragraph (b)(3) of this section.
    (b) Requirements. To get the filing date under paragraph (a) of 
this section, you must meet the requirements of paragraphs (b)(1) and 
(b)(3) To get the issuance date under paragraph (a), you must meet the 
requirements of paragraphs (b)(2) and (b)(3).
    (1) Technical requirements for filings. For filings, your 
electronic disk must comply with any technical requirements for that 
type of submission (our Web site, http://www.pbgc.gov, identifies the 
technical requirements for each type of filing).
    (2) Technical requirements for issuances. For issuances, you must 
meet the safe-harbor requirements of Sec.  4000.14.
    (3) Identify contact person. For filings and issuances, you must 
include, in a paper cover letter or on the disk's label, the name and 
telephone number of the person to contact if we or the intended 
recipient is unable to read the disk.

[[Page 7462]]

Sec.  4000.29  What if I use electronic delivery?

    (a) In general. Your filing or issuance date is the date you 
electronically transmit your submission or issuance to the proper 
address if you meet the requirements of paragraph (b) of this section. 
Note that we always treat an advance notice of reportable event and a 
Form 200 (notice of certain missed contributions) as filed when 
received.
    (1) Filings. For electronic filings, if you fail to meet the 
requirements of paragraph (b)(1) or (b)(3) of this section, we may 
treat your submission as invalid.
    (2) Issuances. For electronic issuances, we may treat your issuance 
as invalid if--
    (i) You fail to meet the requirements (``using measures reasonably 
calculated to ensure actual receipt'') of Sec.  4000.13(a), or
    (ii) You fail to meet the contact information requirements of 
paragraph (b)(3) of this section.
    (b) Requirements. To get the filing date under paragraph (a), you 
must meet the requirements of paragraphs (b)(1) and (b)(3). To get the 
issuance date under paragraph (a), you must meet the requirement of 
paragraphs (b)(2) and (b)(3).
    (1) Technical requirements for filings. For filings, your 
electronic submission must comply with any technical requirements for 
that type of submission (our Web site, http://www.pbgc.gov, identifies 
the technical requirements for each type of filing).
    (2) Technical requirements for issuances. For issuances, you must 
meet the safe-harbor requirements of Sec.  4000.14.
    (3) Identify contact person. For an e-mail submission or issuance 
with an attachment, you must include, in the body of your e-mail, the 
name and telephone number of the person to contact if we or the 
intended recipient needs you to resubmit your filing or issuance.
    (c) Failure to meet address requirement. If you send your 
electronic submission or issuance to the wrong address (but you meet 
the requirements of paragraph (b) of this section), your filing or 
issuance date is the date of receipt at the proper address.


Sec.  4000.30  What if I need to resend my filing or issuance for 
technical reasons?

    (a) Request to resubmit. (1) Filing. We may ask you to resubmit all 
or a portion of your filing for technical reasons (for example, because 
we are unable to open an attachment to your e-mail). In that case, your 
submission (or portion) is invalid. However, if you comply with the 
request or otherwise resolve the problem (e.g., by providing advice 
that allows us to open the attachment to your e-mail) by the date we 
specify, your filing date for the submission (or portion) that we asked 
you to resubmit is the date you filed your original submission. If you 
comply with our request late, your submission (or portion) will be 
treated as filed on the date of your resubmission.
    (2) Issuance. The intended recipient may, for good reason (of a 
technical nature), ask you to resend all or a portion of your issuance 
(for example, because of a technical problem in opening an attachment 
to your e-mail). In that case, your issuance (or portion) is invalid. 
However, if you comply with the request or otherwise resolve the 
problem (e.g., by providing advice that the recipient uses to open the 
attachment to your e-mail), within a reasonable time, your issuance 
date for the issuance (or portion) that the intended recipient asked 
you to resend is the date you provided your original issuance. If you 
comply with the request late, your issuance (or portion) will be 
treated as provided on the date of your reissuance.
    (b) Reason to believe submission or issuance not received or 
defective. If you have reason to believe that we have not received your 
submission (or have received it in a form that is not useable), or that 
the intended recipient has not received your issuance (or has received 
it in a form that is not useable), you must promptly resend your 
submission or issuance to get your original filing or issuance date. 
However, we may require evidence to support your original filing or 
issuance date. If you are not prompt, or you do not provide us with any 
evidence we may require to support your original filing or issuance 
date, your filing or issuance date is the filing or issuance date of 
your resubmission or reissuance.


Sec.  4000.31  Is my issuance untimely if I miss a few participants or 
beneficiaries?

    The PBGC will not treat your issuance as untimely based on your 
failure to provide the issuance to a participant or beneficiary in a 
timely manner if--
    (a) The failure resulted from administrative error;
    (b) The failure involved only a de minimis percentage of intended 
recipients; and
    (c) You resend the issuance to the intended recipient promptly 
after discovering the error.


Sec.  4000.32  Does the PBGC have discretion to waive any requirements 
under this part?

    We retain the discretion to waive any requirement under this part, 
at any time, if warranted by the facts and circumstances.

Subpart D--Computation of Time


Sec.  4000.41  What are these computation-of-time rules about?

    The rules in this subpart D of part 4000 tell you how to compute 
time periods under our regulations (e.g., for filings with us and 
issuances to third parties) where the particular regulation calls for 
their application. (There are specific exceptions or modifications to 
these rules in Sec.  4007.6 of this chapter (premium payments), 
Sec. 4050.6(d)(3) of this chapter (payment of designated benefits for 
missing participants), and Sec. 4062.10 of this chapter (employer 
liability payments). In some cases, the PBGC regulations tell you to 
comply with requirements that are found somewhere other than in the 
PBGC's own regulations (e.g., requirements under the Internal Revenue 
Code (Title 26 of the United States Code)). In meeting those 
requirements, you should follow any applicable computation-of-time 
rules under those other requirements. (Subpart A tells you what filing 
methods you may use for filings with us. Subpart B tells you what 
methods you may use to issue a notice or otherwise provide information 
to any person other than us. Subpart C tells you how we determine your 
filing or issuance date. Subpart E tells you how to maintain required 
records in electronic form.)


Sec.  4000.42  What definitions do I need to know for these rules?

    You need to know two definitions from Sec.  4001.2 of this chapter: 
PBGC and person. You also need to know the following definitions:
    Business day means a day other than a Saturday, Sunday, or Federal 
holiday.
    We means the PBGC.
    You means the person responsible, under our regulations, for the 
filing or issuance to which these rules apply.


Sec.  4000.43  How do I compute a time period?

    (a) In general. If you are computing a time period to which this 
part applies, whether you are counting forwards or backwards, the day 
after (or before) the act, event, or default that begins the period is 
day one, the next day is day two, and so on. Count all days, including 
weekends and Federal holidays. However, if the last day you count is a 
weekend or Federal holiday, extend or shorten the period (whichever 
benefits you in complying with the time requirement) to the next 
regular business day. The examples in

[[Page 7463]]

paragraph (d) of this section illustrate these rules.
    (b) When date is designated. In some cases, our regulations 
designate a specific day as the end of a time period, such as ``the 
last day'' of a plan year or ``the fifteenth day'' of a calendar month. 
In these cases, you simply use the designated day, together with the 
weekend and holiday rule of paragraph (a) of this section.
    (c) When counting months. If a time period is measured in months, 
first identify the date (day, month, and year) of the act, event, or 
default that begins the period. The corresponding day of the following 
(or preceding) month is one month later (or earlier), and so on. For 
example, two months after July 15 is September 15. If the period ends 
on a weekend or Federal holiday, follow the weekend and holiday rule of 
paragraph (a) of this section. There are two special rules for 
determining what the corresponding day is when you start counting on a 
day that is at or near the end of a calendar month:
    (1) Special ``last-day'' rule. If you start counting on the last 
day of a calendar month, the corresponding day of any calendar month is 
the last day of that calendar month. For example, a three-month period 
measured from November 30 ends (if counting forward) on the last day of 
February (the 28th or 29th) or (if counting backward) on the last day 
of August (the 31st).
    (2) Special February rule. If you start counting on the 29th or 
30th of a calendar month, the corresponding day of February is the last 
day of February. For example, a one-month period measured from January 
29 ends on the last day of February (the 28th or 29th).
    (d) Examples. (1) Counting backwards. Suppose you are required to 
file an advance notice of reportable event for a transaction that is 
effective December 31. Under our regulations, the notice is due at 
least 30 days before the effective date of the event. To determine your 
deadline, count December 30 as day 1, December 29 as day 2, December 28 
as day 3, and so on. Therefore, December 1 is day 30. Assuming that day 
is not a weekend or holiday, your notice is timely if you file it on or 
before December 1.
    (2) Weekend or holiday rule. Suppose you are filing a notice of 
intent to terminate. The notice must be issued at least 60 days and no 
more than 90 days before the proposed termination date. Suppose the 
60th day before the proposed termination date is a Saturday. Your 
notice is timely if you issue it on the following Monday even though 
that is only 58 days before the proposed termination date. Similarly, 
if the 90th day before the proposed termination date is Wednesday, July 
4 (a Federal holiday), your notice is timely if you issue it on 
Tuesday, July 3, even though that is 91 days before the proposed 
termination date.
    (3) Counting months. Suppose you are required to issue a 
Participant Notice two months after December 31. The deadline for the 
Participant Notice is the last day of February (the 28th or 29th). If 
the last day of February is a weekend or Federal holiday, your deadline 
is extended until the next day that is not a weekend or Federal 
holiday.

Subpart E--Electronic Means of Record Retention


Sec.  4000.51  What are these record retention rules about?

    The rules in this subpart E of part 4000 tell you what methods you 
may use to meet any record retention requirement under our regulations 
if you choose to use electronic means. The rules for who must retain 
the records, how long the records must be maintained, and how records 
must be made available to us are contained in the specific part where 
the record retention requirement is found. (Subpart A tells you what 
filing methods you may use for filings with us and how we determine 
your filing date. Subpart B tells you what methods you may use to issue 
a notice or otherwise provide information to any person other than us. 
Subpart C tells you how we determine your filing or issuance date. 
Subpart D tells you how to compute various periods of time.)


Sec.  4000.52  What definitions do I need to know for these rules?

    You need to know two definitions from Sec.  4001.2 of this chapter: 
PBGC and person. You also need to know the following definitions:
    We means the PBGC.
    You means the person subject to the record retention requirement.


Sec.  4000.53  May I use electronic media to satisfy PBGC's record 
retention requirements?

    General requirements. You may use electronic media to satisfy the 
record maintenance and retention requirements of this chapter if:
    (a) The electronic recordkeeping system has reasonable controls to 
ensure the integrity, accuracy, authenticity and reliability of the 
records kept in electronic form;
    (b) The electronic records are maintained in reasonable order and 
in a safe and accessible place, and in such manner as they may be 
readily inspected or examined (for example, the recordkeeping system 
should be capable of indexing, retaining, preserving, retrieving and 
reproducing the electronic records);
    (c) The electronic records are readily convertible into legible and 
readable paper copy as may be needed to satisfy reporting and 
disclosure requirements or any other obligation under section 
302(f)(4), section 307(e), or Title IV of ERISA;
    (d) The electronic recordkeeping system is not subject, in whole or 
in part, to any agreement or restriction that would, directly or 
indirectly, compromise or limit a person's ability to comply with any 
reporting and disclosure requirement or any other obligation under 
section 302(f)(4), section 307(e), or Title IV of ERISA;
    (e) Adequate records management practices are established and 
implemented (for example, following procedures for labeling of 
electronically maintained or retained records, providing a secure 
storage environment, creating back-up electronic copies and selecting 
an off-site storage location, observing a quality assurance program 
evidenced by regular evaluations of the electronic recordkeeping system 
including periodic checks of electronically maintained or retained 
records; and retaining paper copies of records that cannot be clearly, 
accurately or completely transferred to an electronic recordkeeping 
system); and
    (f) All electronic records exhibit a high degree of legibility and 
readability when displayed on a video display terminal or other method 
of electronic transmission and when reproduced in paper form. The term 
``legibility'' means the observer must be able to identify all letters 
and numerals positively and quickly to the exclusion of all other 
letters or numerals. The term ``readability'' means that the observer 
must be able to recognize a group of letters or numerals as words or 
complete numbers.


Sec.  4000.54  May I dispose of original paper records if I keep 
electronic copies?

    You may dispose of original paper records any time after they are 
transferred to an electronic recordkeeping system that complies with 
the requirements of this subpart, except such original records may not 
be discarded if the electronic record would not constitute a duplicate 
or substitute record under the terms of the plan and applicable federal 
or state law.

[[Page 7464]]

PART 4003--RULES FOR ADMINISTRATIVE REVIEW OF AGENCY DECISIONS

    3. The authority citation for part 4003 continues to read as 
follows:


    Authority: 29 U.S.C. 1302(b)(3).

    4. Revise Sec.  4003.9 to read as follows:


Sec.  4003.9  Method and date of filing.

    (a) Method of filing. The PBGC applies the rules in subpart A of 
part 4000 of this chapter to determine permissible methods of filing 
with the PBGC under this part.
    (b) Date of filing. The PBGC applies the rules in subpart C of part 
4000 of this chapter to determine the date that a submission under this 
part was filed with the PBGC.
    5. Revise Sec.  4003.10 to read as follows:


Sec.  4003.10  Computation of time.

    The PBGC applies the rules in subpart D of part 4000 of this 
chapter to compute any time period under this part.


Sec.  4003.33  [Amended]

    6. Amend Sec.  4003.33 to add the sentence ``See Sec.  4000.4 of 
this chapter for information on where to file.'' to the end of the 
paragraph.


Sec.  4003.53  [Amended]

    7. Amend Sec.  4003.53 to add the sentence ``See Sec.  4000.4 of 
this chapter for information on where to file.'' to the end of the 
paragraph.

PART 4007--PAYMENT OF PREMIUMS

    8. The authority citation for part 4007 continues to read as 
follows:

    Authority: 29 U.S.C. 1302(b)(3), 1303(a), 1306, 1307.

    9. Revise Sec.  4007.3 to read as follows:


Sec.  4007.3  Filing requirements; method of filing.

    (a) Filing requirements. The estimation, declaration, 
reconciliation and payment of premiums shall be made using the forms 
prescribed by and in accordance with the instructions in the PBGC 
annual Premium Payment Package. The plan administrator of each covered 
plan must file the prescribed form or forms, and any premium payments 
due, no later than the applicable due date specified in Sec.  4007.11.
    (b) Method of filing. The PBGC applies the rules in subpart A of 
part 4000 of this chapter to determine permissible methods of filing 
with the PBGC under this part.
    10. Revise Sec.  4007.5 to read as follows:


Sec.  4007.5  Date of filing.

    The PBGC applies the rules in subpart C of part 4000 of this 
chapter to determine the date that you filed your submission under this 
part with the PBGC.
    11. Revise Sec.  4007.6 to read as follows:


Sec.  4007.6  Computation of time.

    The PBGC applies the rules in subpart D of part 4000 of this 
chapter to compute any time period under this part. However, for 
purposes of determining the amount of a late payment interest charge 
under Sec.  4007.7 or of a late payment penalty charge under Sec.  
4007.8, the rules in part 4000.43 of this chapter governing weekends 
and Federal holidays do not apply.
    12. Revise paragraphs (a) and (c)(1) of Sec.  4007.10 to read as 
follows:


Sec.  4007.10  Recordkeeping; audits; disclosure of information.

    (a) Retention of records to support premium payments. (1) In 
general. All plan records, including calculations and other data 
prepared by an enrolled actuary or, for a plan described in section 
412(i) of the Internal Revenue Code (Title 26 of the United States 
Code), by the insurer from which the insurance contracts are purchased, 
that are necessary to support or to validate premium payments under 
this part shall be retained by the plan administrator for a period of 
six years after the premium due date. Records that must be retained 
pursuant to this paragraph include, but are not limited to, records 
that establish the number of plan participants and that reconcile the 
calculation of the plan's unfunded vested benefits with the actuarial 
valuation upon which the calculation was based.
    (2) Electronic recordkeeping. The plan administrator may use 
electronic media for maintenance and retention of records required by 
this part in accordance with the requirements of subpart E of part 4000 
of this chapter.
* * * * *
    (c) Providing record information. (1) In general. The plan 
administrator shall make the records retained pursuant to paragraph (a) 
of this section available to the PBGC upon request for inspection and 
photocopying (or, for electronic records, inspection, electronic 
copying, and printout) at the location where they are kept (or another, 
mutually agreeable, location) and shall submit information in such 
records to the PBGC within 45 days of the date of the PBGC's written 
request therefor, or by a different time specified therein.
* * * * *

PART 4010--ANNUAL FINANCIAL AND ACTUARIAL INFORMATION REPORTING

    13. Revise the authority citation for part 4010 to read as follows:

    Authority: 29 U.S.C. 1302(b)(3), 1310.

    14. Revise paragraphs (c), (d) and (e) of Sec.  4010.10 to read as 
follows:


Sec.  4010.10  Due date and filing with the PBGC.

* * * * *
    (c) How and where to file. The PBGC applies the rules in subpart A 
of part 4000 of this chapter to determine permissible methods of filing 
with the PBGC under this part. See Sec.  4000.4 for information on 
where to file.
    (d) Date of filing. The PBGC applies the rules in subpart C of part 
4000 of this chapter to determine the date that a submission under this 
part was filed with the PBGC.
    (e) Computation of time. The PBGC applies the rules in subpart D of 
part 4000 of this chapter to compute any time period under this part.

PART 4011--DISCLOSURE TO PARTICIPANTS

    15. The authority citation for part 4011 continues to read as 
follows:

    Authority: 29 U.S.C. 1302(b)(3), 1311.

    16. Revise Sec.  4011.9 to read as follows:


Sec.  4011.9  Method and date of issuance of notice; computation of 
time.

    (a) Method of issuance. The PBGC applies the rules in subpart B of 
part 4000 of this chapter to determine permissible methods of delivery 
of the Participant Notice. The Participant Notice may be issued 
together with another document, such as the summary annual report 
required under section 104(b)(3) of ERISA for the prior plan year, but 
must be in a separate document.
    (b) Issuance date. The PBGC applies the rules in subpart C of part 
4000 of this chapter to determine the date the Participant Notice was 
issued.
    (c) Computation of time. The PBGC applies the rules in subpart D of 
part 4000 of this chapter to compute any time period for issuances 
under this part.

PART 4022--BENEFITS PAYABLE IN TERMINATED SINGLE-EMPLOYER PLANS

    17. The authority citation for part 4022 continues to read as 
follows:

    Authority: 29 U.S.C. 1302, 1322, 1322b, 1341(c)(3)(D), and 1344.


[[Page 7465]]


    18. Amend Sec.  4022.9 by adding paragraph (d) to read as follows:


Sec.  4022.9  Time of payment; benefit applications.

* * * * *
    (d) Filing with the PBGC. (1) Method and date of filing. The PBGC 
applies the rules in subpart A of part 4000 of this chapter to 
determine permissible methods of filing with the PBGC under this part. 
Benefit applications and related submissions are treated as filed on 
the date received by the PBGC unless the instructions for the 
applicable form provide for an earlier date. Subpart C of part 4000 of 
this chapter provides rules for determining when the PBGC receives a 
submission.
    (2) Where to file. See Sec.  4000.4 of this chapter for information 
on where to file.
    (3) Computation of time. The PBGC applies the rules in subpart D of 
part 4000 of this chapter to compute any time period for filing under 
this part.

PART 4041--TERMINATION OF SINGLE-EMPLOYER PLANS

    19. The authority citation for part 4041 continues to read as 
follows:

    Authority: 29 U.S.C. 1302(b)(3), 1341, 1344, 1350.

    20. Amend Sec.  4041.3 as follows:
    a. Revise paragraphs (a), (b), and (c)(1) to read as follows:
    b. Remove paragraph (c)(2);
    c. Add the word ``or'' to the end of paragraph (c)(3)(i);
    d. Remove paragraph (c)(3)(ii) and redesignate paragraph 
(c)(3)(iii) as paragraph (c)(3)(ii);
    e. Redesignate paragraphs (c)(3) through (c)(6) as paragraphs 
(c)(2) through (c)(5).


Sec.  4041.3  Computation of time; filing and issuance rules.

    (a) Computation of time. The PBGC applies the rules in subpart D of 
part 4000 of this chapter to compute any time period under this part. A 
proposed termination date may be any day, including a weekend or 
Federal holiday.
    (b) Filing with the PBGC. (1) Method and date of filing. The PBGC 
applies the rules in subpart A of part 4000 of this chapter to 
determine permissible methods of filing with the PBGC under this part. 
The PBGC applies the rules in subpart C of part 4000 of this chapter to 
determine the date that a submission under this part was filed with the 
PBGC.
    (2) Where to file. See Sec.  4000.4 of this chapter for information 
on where to file.
    (c) Issuance to third parties. The following rules apply to 
affected parties (other than the PBGC). For purposes of this paragraph 
(c), a person entitled to notice under the spin-off/termination 
transaction rules of Sec.  4041.23(c) or Sec.  4041.24(f) is treated as 
an affected party.
    (1) Method and date of issuance. The PBGC applies the rules in 
subpart B of part 4000 of this chapter to determine permissible methods 
of issuance under this part. The PBGC applies the rules in subpart C of 
part 4000 of this chapter to determine the date that an issuance under 
this part was provided.
* * * * *
    21. Revise Sec.  4041.5 to read as follows:


Sec.  4041.5  Record retention and availability.

    (a) Retention requirement. (1) Persons subject to requirement; 
records to be retained. Each contributing sponsor and the plan 
administrator of a plan terminating in a standard termination, or in a 
distress termination that closes out in accordance with Sec.  4041.50, 
must maintain all records necessary to demonstrate compliance with 
section 4041 of ERISA and this part. If a contributing sponsor or the 
plan administrator maintains information in accordance with this 
section, the other(s) need not maintain that information.
    (2) Retention period. The records described in paragraph (a)(1) of 
this section must be preserved for six years after the date when the 
post-distribution certification under this part is filed with the PBGC.
    (3) Electronic recordkeeping. The contributing sponsor or plan 
administrator may use electronic media for maintenance and retention of 
records required by this part in accordance with the requirements of 
subpart E of part 4000 of this chapter.
    (b) Availability of records. The contributing sponsor or plan 
administrator must make all records needed to determine compliance with 
section 4041 of ERISA and this part available to the PBGC upon request 
for inspection and photocopying (or, for electronic records, 
inspection, electronic copying, and printout) at the location where 
they are kept (or another, mutually agreeable, location) and must 
submit such records to the PBGC within 30 days after the date of a 
written request by the PBGC or by a later date specified therein.

PART 4041A--TERMINATION OF MULTIEMPLOYER PLANS

    22. The authority citation for part 4041A continues to read as 
follows:

    Authority: 29 U.S.C. 1302(b)(3), 1341a, 1441.

    23. Revise Sec.  4041A.3 to read as follows:


Sec.  4041A.3  Method and date of filing; where to file; computation of 
time; issuances to third parties.

    (a) Method and date of filing. The PBGC applies the rules in 
subpart A of part 4000 of this chapter to determine permissible methods 
of filing with the PBGC under this part. The PBGC applies the rules in 
subpart C of part 4000 of this chapter to determine the date that a 
submission under this part was filed with the PBGC.
    (b) Where to file. See Sec.  4000.4 of this chapter for information 
on where to file.
    (c) Computation of time. The PBGC applies the rules in subpart D of 
part 4000 of this chapter to compute any time period for filing or 
issuance under this part.
    (d) Method and date of issuance. The PBGC applies the rules in 
subpart B of part 4000 of this chapter to determine permissible methods 
of issuance under this part. The PBGC applies the rules in subpart C of 
part 4000 of this chapter to determine the date that an issuance under 
this part was provided.

PART 4043--REPORTABLE EVENTS AND CERTAIN OTHER NOTIFICATION 
REQUIREMENTS

    24. The authority citation for part 4043 continues to read as 
follows:

    Authority: 29 U.S.C. 1082(f), 1302(b)(3), 1443.

    25. Revise Sec.  4043.5 to read as follows:


Sec.  4043.5  How and where to file.

    The PBGC applies the rules in the instructions to the applicable 
PBGC reporting form and subpart A of part 4000 of this chapter to 
determine permissible methods of filing with the PBGC under this part. 
See Sec.  4000.4 for information on where to file.
    26. Amend Sec.  4043.6 by removing paragraph (d) and revising 
paragraphs (a) and (b) and the paragraph heading of paragraph (c) to 
read as follows:


Sec.  4043.6  Date of filing.

    (a) Post-event notice filings. The PBGC applies the rules in 
subpart C of part 4000 of this chapter to determine the date that a 
submission under subpart B of this part was filed with the PBGC.
    (b) Advance notice and Form 200 filings. Information filed under 
subpart C or D of this part is treated as filed on the date it is 
received by the PBGC. Subpart C of part 4000 of this chapter provides 
rules for determining when the PBGC receives a submission.
    (c) Partial electronic filing; deemed filing date. * * *
* * * * *
    27. Revise Sec.  4043.7 to read as follows:

[[Page 7466]]

Sec.  4043.7  Computation of time.

    The PBGC applies the rules in subpart D of part 4000 of this 
chapter to compute any time period under this part.

PART 4050--MISSING PARTICIPANTS

    28. The authority citation for part 4050 continues to read as 
follows:

    Authority: 29 U.S.C. 1302(b)(3), 1350.

    29. Amend Sec.  4050.6 by revising paragraph (d) to read as 
follows:


Sec.  4050.6  Payment and required documentation.

* * * * *
    (d) Filing with the PBGC. (1) Method and date of filing. The PBGC 
applies the rules in subpart A of part 4000 of this chapter to 
determine permissible methods of filing with the PBGC under this part. 
The PBGC applies the rules in subpart C of part 4000 of this chapter to 
determine the date that a submission under this part was filed with the 
PBGC.
    (2) Where to file. See Sec.  4000.4 of this chapter for information 
on where to file.
    (3) Computation of time. The PBGC applies the rules in subpart D of 
part 4000 of this chapter to compute any time period for filing under 
this part. However, for purposes of determining the amount of an 
interest charge under Sec.  4050.6(b) or Sec.  4050.12(c)(2)(iii), the 
rules in Sec.  4000.43 of this chapter governing weekends and Federal 
holidays do not apply.

PART 4062--LIABILITY FOR TERMINATION OF SINGLE-EMPLOYER PLANS

    30. The authority citation for part 4062 continues to read as 
follows:

    Authority: 29 U.S.C. 1302(b)(3), 1362-1364, 1367, 1368.

    31. Revise Sec.  4062.9 to read as follows:


Sec.  4062.9  Method and date of filing; where to file.

    (a) Method of filing. The PBGC applies the rules in subpart A of 
part 4000 of this chapter to determine permissible methods of filing 
with the PBGC under this part. Payment of liability must be clearly 
designated as such and include the name of the plan.
    (b) Filing date. The PBGC applies the rules in subpart C of part 
4000 of this chapter to determine the date that a submission under this 
part was filed with the PBGC.
    (c) Where to file. See Sec.  4000.4 of this chapter for information 
on where to file.
    32. Revise Sec.  4062.10 to read as follows:


Sec.  4062.10  Computation of time.

    The PBGC applies the rules in subpart D of part 4000 of this 
chapter to compute any time period under this part. However, for 
purposes of determining the amount of an interest charge under Sec.  
4062.7, the rules in Sec. 4000.43 of this chapter governing weekends 
and Federal holidays do not apply.

PART 4203--EXTENSION OF SPECIAL WITHDRAWAL LIABILITY RULES

    33. The authority citation for part 4203 continues to read as 
follows:

    Authority: 29 U.S.C. 1302(b)(3).

    34. Amend Sec.  4203.4 by revising paragraphs (a) and (c) to read 
as follows:


Sec.  4203.4  Requests for PBGC approval of plan amendments.

    (a) Filing of request. (1) In general. A plan shall apply to the 
PBGC for approval of a plan amendment which establishes special 
complete or partial withdrawal liability rules. The request for 
approval shall be filed after the amendment is adopted. PBGC approval 
shall also be required for any subsequent modification of the plan 
amendment, other than a repeal of the amendment which results in 
employers being subject to the general statutory rules on withdrawal.
    (2) Method and date of filing. The PBGC applies the rules in 
subpart A of part 4000 of this chapter to determine permissible methods 
of filing with the PBGC under this part. The PBGC applies the rules in 
subpart C of part 4000 of this chapter to determine the date that a 
submission under this part was filed with the PBGC.
* * * * *
    (c) Where to file. See Sec.  4000.4 of this chapter for information 
on where to file.
* * * * *

PART 4204--VARIANCES FOR SALE OF ASSETS

    35. The authority citation for part 4204 continues to read as 
follows:

    Authority: 29 U.S.C. 1302(b)(3), 1384(c).

    36. Amend Sec.  4204.11 as follows:
    a. In the first sentence of paragraph (b), remove the word 
``filed'' and add in its place the word ``submitted''.
    b. Add new paragraph (e) to read as follows:


Sec.  4204.11  Variance of the bond/escrow and sale-contract 
requirements.

* * * * *
    (e) Method and date of issuance. The PBGC applies the rules in 
subpart B of part 4000 of this chapter to determine permissible methods 
of issuance under this subpart. The PBGC applies the rules in subpart C 
of part 4000 of this chapter to determine the date that an issuance 
under this subpart was provided.
    37. Amend Sec.  4204.21 by revising paragraphs (a) and (c) to read 
as follows:


Sec.  4204.21  Requests to PBGC for variances and exemptions.

    (a) Filing of request. (1) In general. If a transaction covered by 
this part does not satisfy the conditions set forth in subpart B of 
this part, or if the parties decline to provide to the plan privileged 
or confidential financial information within the meaning of section 
552(b)(4) of the Freedom of Information Act (5 U.S.C. 552), the 
purchaser or seller may request from the PBGC an exemption or variance 
from the requirements of section 4204(a)(1)(B) and (C) of ERISA.
    (2) Method of filing. The PBGC applies the rules in subpart A of 
part 4000 of this chapter to determine permissible methods of filing 
with the PBGC under this subpart.
* * * * *
    (c) Where to file. See Sec.  4000.4 of this chapter for information 
on where to file.
* * * * *

PART 4207--REDUCTION OR WAIVER OF COMPLETE WITHDRAWAL LIABILITY

    38. The authority citation for part 4207 continues to read as 
follows:

    Authority: 29 U.S.C. 1302(b)(3), 1387.

    39. Amend Sec.  4207.10 by revising paragraph (c) to read as 
follows:


Sec.  4207.10  Plan rules for abatement.

* * * * *
    (c) Where to file. See Sec.  4000.4 of this chapter for information 
on where to file.
* * * * *
    40. Add Sec.  4207.11 to read as follows:


Sec.  4207.11  Method and date of filing and issuance; computation of 
time.

    (a) Method of filing. The PBGC applies the rules in subpart A of 
part 4000 of this chapter to determine permissible methods of filing 
with the PBGC under this part.
    (b) Method of issuance. The PBGC applies the rules in subpart B of 
part 4000 of this chapter to determine permissible methods of issuance 
under this part.
    (c) Date of issuance. The PBGC applies the rules in subpart C of 
part 4000 of this chapter to determine the date that an issuance under 
this part was provided.

[[Page 7467]]

PART 4208--REDUCTION OR WAIVER OF PARTIAL WITHDRAWAL LIABILITY

    41. Revise the authority citation for part 4208 to read as follows:

    Authority: 29 U.S.C. 1302(b)(3), 1388(c) and (e).

    42. Amend Sec.  4208.9 by revising paragraph (c) to read as 
follows:


Sec.  4208.9  Plan adoption of additional abatement conditions.

* * * * *
    (c) Where to file. See Sec.  4000.4 of this chapter for information 
on where to file.
* * * * *
    43. Add Sec.  4208.10 to read as follows:


Sec.  4208.10  Method and date of filing and issuance; computation of 
time.

    (a) Method of filing. The PBGC applies the rules in subpart A of 
part 4000 of this chapter to determine permissible methods of filing 
with the PBGC under this part.
    (b) Method of issuance. The PBGC applies the rules in subpart B of 
part 4000 of this chapter to determine permissible methods of issuance 
under this part.
    (c) Date of issuance. The PBGC applies the rules in subpart C of 
part 4000 of this chapter to determine the date that an issuance under 
this part was provided.

PART 4211--ALLOCATING UNFUNDED VESTED BENEFITS TO WITHDRAWING 
EMPLOYERS

    44. Revise the authority citation for part 4211 to read as follows:

    Authority: 29 U.S.C. 1302(b)(3), 1391(c)(1), (c)(2)(d), 
(c)(5)(B), (c)(5)(D), and (f).

    45. Amend Sec.  4211.22 by revising paragraphs (a) and (c) to read 
as follows:


Sec.  4211.22  Requests for PBGC approval.

    (a) Filing of request. (1) In general. A plan shall submit a 
request for approval of an alternative allocation method or 
modification to an allocation method to the PBGC in accordance with the 
requirements of this section as soon as practicable after the adoption 
of the amendment.
    (2) Method of filing. The PBGC applies the rules in subpart A of 
part 4000 of this chapter to determine permissible methods of filing 
with the PBGC under this subpart.
* * * * *
    (c) Where to submit. See Sec.  4000.4 of this chapter for 
information on where to file.
* * * * *

PART 4219--NOTICE, COLLECTION AND REDETERMINATION OF WITHDRAWAL 
LIABILITY

    46. The authority citation for part 4219 continues to read as 
follows:

    Authority: 29 U.S.C. 1302(b)(3), 1388(c) and (e).

    47. Amend Sec.  4219.17 by revising paragraphs (a), (d) and (e) to 
read as follows:


Sec.  4219.17  Filings with PBGC.

    (a) Filing requirements. (1) In general. The plan sponsor shall 
file with PBGC a notice that a mass withdrawal has occurred and 
separate certifications that determinations of redetermination 
liability and reallocation liability have been made and notices 
provided to employers in accordance with this subpart.
    (2) Method of filing. The PBGC applies the rules in subpart A of 
part 4000 of this chapter to determine permissible methods of filing 
with the PBGC under this subpart.
    (3) Computation of time. The PBGC applies the rules in subpart D of 
part 4000 of this chapter to compute any time period under this subpart 
for filing with the PBGC.
* * * * *
    (d) Where to file. See Sec.  4000.4 for information on where to 
file.
    (e) Date of filing. The PBGC applies the rules in subpart C of part 
4000 of this chapter to determine the date that a submission under this 
part was filed with the PBGC.
* * * * *


Sec.  4219.19  [Redesignated as Sec.  4219.20]

    48. Redesignate Sec.  4219.19 as Sec.  4219.20.
    49. Add a new Sec.  4219.19 to read as follows:


Sec.  4219.19  Issuances to third parties; methods and dates.

    The PBGC applies the rules in subpart B of part 4000 of this 
chapter to determine permissible methods of issuance under this 
subpart. The PBGC applies the rules in subpart C of part 4000 of this 
chapter to determine the date that an issuance under this subpart was 
provided. The PBGC applies the rules in subpart D of part 4000 of this 
chapter to compute any time period for issuances to third parties under 
this subpart.

PART 4220--PROCEDURES FOR PBGC APPROVAL OF PLAN AMENDMENTS

    50. The authority citation for part 4220 continues to read as 
follows:

    Authority: 29 U.S.C. 1302(b)(3), 1400.

    51. Amend Sec.  4220.3 by revising paragraphs (a) and (c) and 
adding paragraph (f) to read as follows:


Sec.  4220.3  Requests for PBGC approval.

    (a) Filing of request. (1) In general. A request for approval of an 
amendment filed with the PBGC in accordance with this section shall 
constitute notice to the PBGC for purposes of the 90-day period 
specified in section 4220 of ERISA. A request is treated as filed on 
the date on which a request containing all information required by 
paragraph (d) of this section is received by the PBGC. Subpart C of 
part 4000 of this chapter provides rules for determining when the PBGC 
receives a submission.
    (2) Method and date of filing. The PBGC applies the rules in 
subpart A of part 4000 of this chapter to determine permissible methods 
of filing with the PBGC under this part.
* * * * *
    (c) Where to file. See Sec.  4000.4 of this chapter for information 
on where to file.
* * * * *
    (f) Computation of time. The PBGC applies the rules in subpart D of 
part 4000 of this chapter to compute any time period under this part.

PART 4221--ARBITRATION OF DISPUTES IN MULTIEMPLOYER PLANS

    52. The authority citation for part 4221 continues to read as 
follows:

    Authority: 29 U.S.C. 1302(b)(3), 1401.


Sec.  4221.4  Appointment of the arbitrator. [Amended]

    53. Amend paragraph (c) of Sec.  4221.4 by revising the second 
sentence to read as follows:
* * * * *
    (c) Challenge and withdrawal. * * * The request for withdrawal 
shall be served on all other parties and the arbitrator by hand or by 
certified or registered mail (or by any other method that includes 
verification or acknowledgment of receipt and meets the requirements of 
Sec.  4000.14 of this chapter) and shall include a statement of the 
circumstances that, in the requesting party's view, affect the 
arbitrator's impartiality and a statement that the requesting party has 
brought these circumstances to the attention of the arbitrator and the 
other parties at the earliest practicable point in the proceedings. * * 
*
* * * * *
    54. Amend Sec.  4221.6 by revising paragraph (b) to read as 
follows:

[[Page 7468]]

Sec.  4221.6  Hearing.

* * * * *
    (b) After the time and place for the hearing have been established, 
the arbitrator shall serve a written notice of the hearing on the 
parties by hand, by certified or registered mail, or by any other 
method that includes verification or acknowledgment of receipt and 
meets the requirements of Sec.  4000.14 of this chapter.
* * * * *
    55. Revise Sec.  4221.12 to read as follows:


Sec.  4221.12  Calculation of periods of time.

    The PBGC applies the rules in subpart D of part 4000 of this 
chapter to compute any time period under this part.
    56. Revise Sec.  4221.13 to read as follows:


Sec.  4221.13  Filing and issuance rules.

    (a) Method and date of filing. The PBGC applies the rules in 
subpart A of part 4000 of this chapter to determine permissible methods 
of filing with the PBGC under this part. The PBGC applies the rules in 
subpart C of part 4000 of this chapter to determine the date that a 
submission under this part was filed with the PBGC.
    (b) Where to file. See Sec.  4000.4 of this chapter for information 
on where to file.
    (c) Method and date of issuance. The PBGC applies the rules in 
subpart B of part 4000 of this chapter to determine permissible methods 
of issuance under this part. The PBGC applies the rules in subpart C of 
part 4000 of this chapter to determine the date that an issuance under 
this part was provided.


Sec.  4221.14  PBGC-approved arbitration procedures. [Amended]

    57. Revise the third sentence of paragraph (c) of Sec.  4221.14 to 
read: ``The application shall include:''.

PART 4231--MERGERS AND TRANSFERS BETWEEN MULTIEMPLOYER PLANS

    58. The authority citation for part 4231 continues to read as 
follows:

    Authority: 29 U.S.C. 1302(b)(3), 1411.

    59. Amend Sec.  4231.8 by revising paragraphs (a), (c), and (d) to 
read as follows:


Sec.  4231.8  Notice of merger or transfer.

    (a) Filing of request. (1) When to file. Except as provided in 
paragraph (f) of this section, a notice of a proposed merger or 
transfer must be filed not less than 120 days before the effective date 
of the transaction. For purposes of this part, the effective date of a 
merger or transfer is the earlier of--
    (i) The date on which one plan assumes liability for benefits 
accrued under another plan involved in the transaction; or
    (ii) The date on which one plan transfers assets to another plan 
involved in the transaction.
    (2) Method of filing. The PBGC applies the rules in subpart A of 
part 4000 of this chapter to determine permissible methods of filing 
with the PBGC under this part.
    (3) Computation of time. The PBGC applies the rules in subpart D of 
part 4000 of this chapter to compute any time period for filing under 
this part.
* * * * *
    (c) Where to file. See Sec.  4000.4 of this chapter for information 
on where to file.
    (d) Date of filing. The PBGC applies the rules in subpart C of part 
4000 of this chapter to determine the date that a submission under this 
part was filed with the PBGC. For purposes of paragraph (a) of this 
section, the notice is not considered filed until all of the 
information required by paragraph (e) of this section has been 
submitted.
* * * * *

PART 4245--NOTICE OF INSOLVENCY

    60. The authority citation for part 4245 continues to read as 
follows:

    Authority: 29 U.S.C. 1302(b)(3), 1426(e).

    61. Amend Sec.  4245.3 as follows:
    a. In the first sentence of paragraph (a) remove the words 
``interested parties, as defined in paragraph (d) of this section'' and 
add in their place the words ``interested parties, as defined in 
paragraph (e) of this section''.
    b. Redesignate paragraph (d) as paragraph (e).
    c. Revise paragraph (c) and add new paragraph (d) to read as 
follows:


Sec.  4245.3  Notice of insolvency.

* * * * *
    (c) Delivery to PBGC; filing date. (1) Method of delivery. The PBGC 
applies the rules in subpart A of part 4000 of this chapter to 
determine permissible methods of filing with the PBGC under this part.
    (2) Filing date. The PBGC applies the rules in subpart C of part 
4000 of this chapter to determine the date that a submission under this 
part was filed with the PBGC.
    (d) Delivery to interested parties; issuance date. (1) Method of 
delivery. The PBGC applies the rules in subpart B of part 4000 of this 
chapter to determine permissible methods of delivery for the notice of 
insolvency. In addition to the methods permitted under subpart B of 
part 4000, the plan sponsor may notify interested parties, other than 
participants and beneficiaries who are in pay status when the notice is 
required to be delivered, by posting the notice at participants' work 
sites or publishing the notice in a union newsletter or in a newspaper 
of general circulation in the area or areas where participants reside. 
Notice to a participant shall be deemed notice to that participant's 
beneficiary or beneficiaries.
    (2) Issuance date. The PBGC applies the rules in subpart C of part 
4000 of this chapter to determine the date that the notice of 
insolvency was issued.
* * * * *


Sec.  4245.4  [Amended]

    62. Amend the introductory language of paragraph (b) by removing 
the words ``an interested party, as defined in Sec.  4245.3(d)'' and 
adding in their place the words ``interested parties, as defined in 
Sec.  4245.3(e)''.


Sec.  4245.5  [Amended]

    63. Amend Sec.  4245.5 as follows:
    a. In the first sentence of paragraph (a) remove the words 
``interested parties, as defined in Sec.  4245.3(d)'' and add in their 
place the words ``interested parties, as defined in Sec.  4245.3(e)''.
    b. Revise paragraph (d) and add paragraph (e) to read as follows:


Sec.  4245.5  Notice of insolvency benefit level.

* * * * *
    (d) Method of delivery to PBGC; filing date. (1) Method of 
delivery. The PBGC applies the rules in subpart A of part 4000 of this 
chapter to determine permissible methods of filing with the PBGC under 
this part.
    (2) Filing date. The PBGC applies the rules in subpart C of part 
4000 of this chapter to determine the date that a submission under this 
part was filed with the PBGC.
    (e) Method of delivery to interested parties; issuance date. (1) 
Method of delivery. The PBGC applies the rules in subpart B of part 
4000 of this chapter to determine permissible methods of delivery for 
the notice of insolvency benefit levels. In addition to the methods 
permitted under subpart B of part 4000, the plan sponsor may notify 
interested parties, other than participants and beneficiaries who are 
in pay status or reasonably expected to enter pay status during the 
insolvency year for which the notice is given, by posting the notice at 
participants' work sites or publishing the notice in a union newsletter 
or in a newspaper of general circulation in the area or areas where 
participants reside. Notice to a participant shall be deemed notice to

[[Page 7469]]

that participant's beneficiary or beneficiaries.
    (2) Issuance date. The PBGC applies the rules in subpart C of part 
4000 of this chapter to determine the date that the notice of 
insolvency benefit levels was issued.


Sec.  4245.6  [Amended]

    64. In Sec. 4245.6, amend the introductory language of paragraph 
(b) by removing the words ``interested parties, as defined in Sec.  
4245.3(d)'' and adding in their place the words ``interested parties, 
as defined in Sec.  4245.3(e)''.
    65. Revise Sec.  4245.7 to read as follows:


Sec.  4245.7  PBGC address.

    See Sec.  4000.4 of this chapter for information on where to file.
    66. Add Sec.  4245.8 to read as follows:


Sec.  4245.8  Computation of time.

    The PBGC applies the rules in subpart D of part 4000 of this 
chapter to compute any time period for filing or issuance under this 
part.

PART 4281--DUTIES OF PLAN SPONSOR FOLLOWING MASS WITHDRAWAL

    67. Revise the authority citation for part 4281 to read as follows:

    Authority: 29 U.S.C. 1302(b)(3), 1341(a), 1399(c)(1)(D), and 
1441.

    68. Revise Sec.  4281.3 to read as follows:


Sec.  4281.3  Filing and issuance rules.

    (a) Method of filing. The PBGC applies the rules in subpart A of 
part 4000 of this chapter to determine permissible methods of delivery 
for filings with the PBGC under this part.
    (b) Method of issuance. See Sec.  4281.32(c) for notices of benefit 
reductions, Sec.  4281.43(e) for notices of insolvency, and Sec.  
4281.45(c) for notices of insolvency benefit level.
    (c) Date of filing. The PBGC applies the rules in subpart C of part 
4000 of this chapter to determine the date that a submission under this 
part was filed with the PBGC.
    (d) Date of issuance. The PBGC applies the rules in subpart C of 
part 4000 of this chapter to determine the date that an issuance under 
this part was provided.
    (e) Where to file. See Sec.  4000.4 of this chapter for information 
on where to file.
    (f) Computation of time. The PBGC applies the rules in subpart D of 
part 4000 of this chapter to compute any time period for filing or 
issuance under this part.
    69. Revise paragraph (c) of Sec.  4281.32 to read as follows:


Sec.  4281.32  Notices of benefit reductions.

* * * * *
    (c) Method of issuance to interested parties. The PBGC applies the 
rules in subpart B of part 4000 of this chapter to determine 
permissible methods of delivery for the notice of benefit reduction. In 
addition to the methods permitted under subpart B of part 4000, the 
plan sponsor may notify interested parties, other than participants and 
beneficiaries who are in pay status when the notice is required to be 
delivered or who are reasonably expected to enter pay status before the 
end of the plan year after the plan year in which the amendment is 
adopted, by posting the notice at participants' work sites or 
publishing the notice in a union newsletter or in a newspaper of 
general circulation in the area or areas where participants reside. 
Notice to a participant shall be deemed notice to that participant's 
beneficiary or beneficiaries.
* * * * *
    70. Revise paragraphs (e) and (f) of Sec.  4281.43 to read as 
follows:


Sec.  4281.43  Notices of insolvency and annual updates.

* * * * *
    (e) Notices of insolvency--method of issuance to interested 
parties. The PBGC applies the rules in subpart B of part 4000 of this 
chapter to determine permissible methods of delivery for the notice of 
insolvency. In addition to the methods permitted under subpart B of 
part 4000, the plan sponsor may notify interested parties, other than 
participants and beneficiaries who are in pay status when the notice is 
required to be delivered, by posting the notice at participants' work 
sites or publishing the notice in a union newsletter or in a newspaper 
of general circulation in the area or areas where participants reside. 
Notice to a participant shall be deemed notice to that participant's 
beneficiary or beneficiaries.
    (f) Annual updates--method of issuance. The PBGC applies the rules 
in subpart B of part 4000 of this chapter to determine permissible 
methods of delivery for the annual update to participants and 
beneficiaries. In addition to the methods permitted under subpart B of 
part 4000, the plan sponsor may notify interested parties by posting 
the notice at participants' work sites or publishing the notice in a 
union newsletter or in a newspaper of general circulation in the area 
or areas where participants reside. Notice to a participant shall be 
deemed notice to that participant's beneficiary or beneficiaries.
    71. Revise paragraph (c) of Sec.  4281.45 to read as follows:


Sec.  4281.45  Notices of insolvency benefit level.

* * * * *
    (c) Method of issuance. The notices of insolvency benefit level 
shall be delivered to the PBGC and to plan participants and 
beneficiaries in pay status or reasonably expected to enter pay status 
during the insolvency year. The PBGC applies the rules in subpart B of 
part 4000 of this chapter to determine permissible methods of delivery 
for the notice of insolvency benefit levels.

PART 4901--EXAMINATION AND COPYING OF PENSION BENEFIT GUARANTY 
CORPORATION RECORDS

    72. Revise the authority citation for part 4901 to read as follows:

    Authority: 5 U.S.C. 552, 29 U.S.C. 1302(b)(3), E.O. 12600, 52 FR 
23781, 3 CFR, 1987 Comp., p.235.

    73. Add Sec.  4901.6 to read as follows:


Sec.  4901.6  Filing rules; computation of time.

    (a) Filing rules. (1) Where to file. See Sec.  4000.4 of this 
chapter for information on where to file a submission under this part 
with the PBGC.
    (2) Method of filing. The PBGC applies the rules in subpart A of 
part 4000 of this chapter to determine permissible methods of filing 
with the PBGC under this part.
    (3) Date of filing. The PBGC applies the rules in subpart C of part 
4000 of this chapter to determine the date that a submission under this 
part was filed with the PBGC.
    (b) Computation of time. The PBGC applies the rules in subpart D of 
part 4000 of this chapter to compute any time period under this part.
    74. Revise Sec.  4901.11 to read as follows:


Sec.  4901.11  Submittal of requests for access to records.

    A request to inspect or copy any record subject to this subpart 
shall be submitted to the Disclosure Officer, Pension Benefit Guaranty 
Corporation. Such a request may be sent to the Disclosure Officer or 
made in person between the hours of 9 a.m. and 4 p.m. on any working 
day in the Communications and Public Affairs Department, PBGC, 1200 K 
Street, NW., Suite 240, Washington, DC 20005-4026. To expedite 
processing, the request should be prominently identified as a ``FOIA 
request.''
    75. Revise paragraph (a) of Sec.  4901.15 to read as follows:

[[Page 7470]]

Sec.  4901.15  Appeals from denial of requests.

    (a) Submittal of appeals. If a disclosure request is denied in 
whole or in part by the disclosure officer, the requester may file a 
written appeal within 30 days from the date of the denial or, if later 
(in the case of a partial denial), 30 days from the date the requester 
receives the disclosed material. The appeal shall state the grounds for 
appeal and any supporting statements or arguments, and shall be 
addressed to the General Counsel, Pension Benefit Guaranty Corporation. 
See part 4000.4 of this chapter for information on where to file. To 
expedite processing, the words ``FOIA appeal'' should appear 
prominently on the request.
* * * * *
    76. Revise paragraph (c) of Sec.  4901.33 to read as follows:


Sec.  4901.33  Payment of fees.

* * * * *
    (c) Late payment interest charges. The PBGC may assess late payment 
interest charges on any amounts unpaid by the 31st day after the date a 
bill is sent to a requester. Interest will be assessed at the rate 
prescribed in 31 U.S.C. 3717 and will accrue from the date the bill is 
sent.

PART 4902--DISCLOSURE AND AMENDMENT OF RECORDS PERTAINING TO 
INDIVIDUALS UNDER THE PRIVACY ACT

    77. The authority citation for part 4902 continues to read as 
follows:

    Authority: 5 U.S.C. 552a.

    78. Revise paragraphs (a) and (b) of Sec.  4902.3 to read as 
follows:


Sec.  4902.3  Procedures for determining existence of and requesting 
access to records.

    (a) Any individual may submit a request to the Disclosure Officer, 
Pension Benefit Guaranty Corporation, for the purpose of learning 
whether a system of records maintained by the PBGC contains any record 
pertaining to the requestor or obtaining access to such a record. Such 
a request may be sent to the Disclosure Officer or made in person 
between the hours of 9 a.m. and 4 p.m. on any working day in the 
Communications and Public Affairs Department, PBGC, 1200 K Street, NW., 
Suite 240, Washington, DC 20005-4026.
    (b) Each request submitted pursuant to paragraph (a) of this 
section shall include the name of the system of records to which the 
request pertains and the requester's full name, home address and date 
of birth, and shall prominently state the words, ``Privacy Act 
Request.'' If this information is insufficient to enable the PBGC to 
identify the record in question, or to determine the identity of the 
requester (to ensure the privacy of the subject of the record), the 
disclosure officer shall request such further identifying data as the 
disclosure officer deems necessary to locate the record or to determine 
the identity of the requester.
* * * * *
    79. Revise paragraph (c) of Sec.  4902.5 to read as follows:


Sec.  4902.5  Procedures for requesting amendment of a record.

* * * * *
    (c) An individual who desires assistance in the preparation of a 
request for amendment of a record shall submit such request for 
assistance in writing to the Deputy General Counsel, Pension Benefit 
Guaranty Corporation. The Deputy General Counsel shall respond to such 
request as promptly as possible.
    80. Revise paragraph (c) of Sec.  4902.6 to read as follows:


Sec.  4902.6  Action on request for amendment of a record.

* * * * *
    (c) An individual who desires assistance in preparing an appeal of 
a denial under this section shall submit a request to the Deputy 
General Counsel, Pension Benefit Guaranty Corporation. The Deputy 
General Counsel shall respond to the request as promptly as possible, 
but in no event more than 30 days after receipt.
    81. Revise paragraph (a) of Sec.  4902.7 to read as follows:


Sec.  4902.7  Appeal of a denial of a request for amendment of a 
record.

    (a) An appeal from a denial of a request for amendment of a record 
under Sec.  4902.6 shall be submitted, within 45 days of receipt of the 
denial, to the General Counsel, Pension Benefit Guaranty Corporation, 
unless the record subject to such request is one maintained by the 
Office of the General Counsel, in which event the appeal shall be 
submitted to the Deputy Executive Director, Pension Benefit Guaranty 
Corporation. The appeal shall state in detail the basis on which it is 
made and shall clearly state ``Privacy Act Request'' on the first page. 
In addition, the submission shall clearly state ``Privacy Act Request'' 
on the envelope (for mail, hand delivery, or commercial delivery), in 
the subject line (for e-mail), or on the cover sheet (for fax).
* * * * *
    82. Add Sec.  4902.10 to read as follows:


Sec.  4902.10  Filing rules; computation of time.

    (a) Filing rules. (1) Where to file. See Sec.  4000.4 of this 
chapter for information on where to file a submission under this part 
with the PBGC.
    (2) Method of filing. The PBGC applies the rules in subpart A of 
part 4000 of this chapter to determine permissible methods of filing 
with the PBGC under this part.
    (3) Date of filing. The PBGC applies the rules in subpart C of part 
4000 of this chapter to determine the date that a submission under this 
part was filed with the PBGC.
    (b) Computation of time. The PBGC applies the rules in subpart D of 
part 4000 of this chapter to compute any time period for filing under 
this part.

PART 4903--DEBT COLLECTION

    83. The authority citation for part 4903 continues to read as 
follows:

    Authority: 29 U.S.C. 1302(b); 31 U.S.C. 3701, 3711(f), 3720A; 4 
CFR part 102; 26 CFR 301.6402-6.

    84. Amend Sec.  4903.2 by adding paragraphs (c) and (d) to read as 
follows:


Sec.  4903.2  General.

* * * * *
    (c) The PBGC applies the rules in subpart A of part 4000 of this 
chapter to determine permissible methods of filing with the PBGC under 
this part. The PBGC applies the rules in subpart C of part 4000 of this 
chapter to determine the date that a submission under this part was 
filed with the PBGC. See Sec.  4000.4 for information on where to file.
    (d) The PBGC applies the rules in subpart D of part 4000 of this 
chapter to compute any time period for filing under this part.
    85. Revise paragraph (b)(2) of Sec.  4903.24 to read as follows:


Sec.  4903.24  Request for offset from other agencies.

* * * * *
    (b)(1) * * *
    (2) All such requests should be directed to the Director, Financial 
Operations Department. See Sec.  4000.4 of this chapter for information 
on where to file.
* * * * *

PART 4907--ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF 
HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE PENSION BENEFIT 
GUARANTY CORPORATION

    86. The authority citation for part 4907 continues to read as 
follows:


[[Page 7471]]


    Authority: 29 U.S.C. 794, 1302(b)(3).

    87. Revise paragraph (c) of Sec.  4907.170 to read as follows:


Sec.  4907.170  Compliance procedures.

* * * * *
    (c) The Equal Opportunity Manager shall be responsible for 
coordinating implementation of this section.
    (1) Where to file. See Sec.  4000.4 of this chapter for information 
on where to file complaints under this part.
    (2) Method of filing. The PBGC applies the rules in subpart A of 
part 4000 of this chapter to determine permissible methods of filing 
with the PBGC under this part.
    (3) Date of filing. The PBGC applies the rules in subpart C of part 
4000 of this chapter to determine the date that a submission under this 
part was filed with the PBGC.
    (4) Computation of time. The PBGC applies the rules in subpart D of 
part 4000 of this chapter to compute any time period under this part.
* * * * *

    Issued in Washington, DC, this 4th day of February, 2003.
Steven A. Kandarian,
Executive Director, Pension Benefit Guaranty Corporation.
[FR Doc. 03-3081 Filed 2-13-03; 8:45 am]
BILLING CODE 7708-01-P