[Federal Register Volume 68, Number 208 (Tuesday, October 28, 2003)]
[Rules and Regulations]
[Pages 61344-61359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27163]


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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: Final rule.

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SUMMARY: Consistent with the Government Paperwork Elimination Act, we 
are removing requirements from our regulations that might limit 
electronic filing with us or electronic issuances to others. These 
rules 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: This final rule is effective November 28, 2003.
    Applicability date: See ``Applicability of New Rules in Determining 
Your Filing or Issuance Date'' under SUPPLEMENTARY INFORMATION.

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: On February 14, 2003, we published a 
proposed rule on filings, issuances, computation of time, and 
electronic means of record retention (65 FR 7454). We received no 
comments on the proposal and are now issuing it in final form with only 
minor editorial modifications.
    These final 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 
these rules, 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 final 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, the rules are easier to use--
they are simpler, more uniform, and appear together in a single part of 
the regulations. The final rules make similar simplifying changes to 
the rules for computing periods of time.
    Under this final rule, 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 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.
    [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 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 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 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 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

[[Page 61345]]

32574), are removed from the PBGC's regulations but are available on 
the PBGC's Web site at http://www.pbgc.gov, along 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 refers users to the 
PBGC's Web site for the tables.

Applicability of New Rules in Determining Your Filing or Issuance Date

    This final rule becomes effective on November 28, 2003. When we 
determine your filing or issuance date:
    [sbull] If you have a filing or issuance date under the old rules 
that is before November 28, 2003, you will keep that date, i.e., the 
new rules will not apply in determining your filing or issuance date.
    [sbull] If your filing or issuance date under the old rules would 
be on or after November 28, 2003, we will (except as provided in the 
special transition rule for certain premium filings) use the new rules 
in determining your filing or issuance date. Note that your filing or 
issuance date under the new rules may turn out to be earlier than 
November 28, 2003.
    [sbull] Under the special transition rule for certain premium 
filings, we will use the old rules (which are set forth in our 
regulations in effect before November 28, 2003, and also in the 2003 
Premium Payment Package) to determine the date you filed your Form 1-
ES, Form 1, Form 1-EZ, and any related premium payments for the 2003 
premium payment year, provided that your filing was timely under the 
old rules.

Method of Filing

    We are trying to provide as much flexibility as possible in filing 
methods. These 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 
describe electronic and other filing methods, as appropriate, and are 
available on our Web site.
Where To File
    Under these rules, 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 are also 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

    These 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.)
    These rules include a safe-harbor method for providing an issuance 
by electronic media. The 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 is available to any person using electronic media to 
satisfy issuance obligations under our regulations.
    These 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

    These rules tell you how we determine the date you file your 
submission with us and the date you provide 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 (29 CFR 
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 rules do not affect those 
other receipt rules for issuances to third parties. Similarly, these 
rules do 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. on a 
business day are treated as received on the next business day).
    Under these rules, we 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) 
An application for benefits and related submissions (unless the 
instructions for the applicable forms provide for an earlier date), (2) 
an advance notice of reportable event (under subpart C of part 4043), 
(3) a notice of missed contributions exceeding $1 million (under 
subpart D of part 4043), and (4) a request 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 treat it 
as received on the next business day.
    Under these rules, we 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 rules for determining the date of an 
issuance generally track the rules for determining the date of a 
filing; however, there are some differences for issuances using 
electronic means. An electronic issuance meeting the safe harbor has 
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, is deemed issued on the date received by the intended 
recipient. (For a detailed discussion of how the method of delivery 
affects the date of a filing or issuance, see the preamble to our 
proposed rule (68 FR 7454).)

[[Page 61346]]

Computation of Time

    These 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 contain specific exceptions or 
modifications to these rules. (For a detailed discussion of how the 
computation-of-time rules work, see the preamble to our proposed rule 
(68 FR 7454).)

Electronic Means of Record Retention

    These rules provide guidance on record maintenance and retention 
using electronic means. These rules generally track 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 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, 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 control number. This final rule contains information 
collection requirements. The Office of Management and Budget has 
approved this information collection under the Paperwork Reduction Act 
of 1995 OMB Control Number 1212-0059; Expire 10-31-06.

Compliance With Rulemaking Guidelines

    The PBGC has determined, in consultation with the Office of 
Management and Budget, that this final rule is not a ``significant 
regulatory action'' under Executive Order 12866.
    We certify under section 605(b) of the Regulatory Flexibility Act 
that this final rule will not have a significant economic impact on a 
substantial number of small entities. The final 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 
rule applies. Nor does this 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 final 
rule will be marginal.) We do not expect the economic impact (if any) 
associated with the changes to be significant for entities of any size, 
and therefore certify that this final rule does 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.

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

[[Page 61347]]

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.


0
For the reasons set forth above, the PBGC amends Title 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:
0
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.



0
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 filing or issuance 
date 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?
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.

[[Page 61348]]

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). 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
    (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.

[[Page 61349]]

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, USC)). 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 notice 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. 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

[[Page 61350]]

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, USC). 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) of this section. Suppose that 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 that 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 
comply with the safe-harbor method under 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.


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) 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 
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 
comply with the safe-harbor method under 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

[[Page 61351]]

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, USC)). 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 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

[[Page 61352]]

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.


(Approved by the Office of Management and Budget under control 
number 1212-0059)

PART 4003--RULES FOR ADMINISTRATIVE REVIEW OF AGENCY DECISIONS

0
3. The authority citation for part 4003 continues to read as follows:

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


0
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.

0
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]

0
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]

0
7. Amend Sec.  4003.53 to add the sentence ``See Sec.  4000.4 of this 
chapter for additional information on where to file.'' to the end of 
the paragraph.

PART 4007--PAYMENT OF PREMIUMS

0
8. The authority citation for part 4007 continues to read as follows:

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


0
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 shall 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.

0
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 a submission under this part was 
filed with the PBGC.

0
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 rule in Sec.  4000.43(a) of this chapter governing periods 
ending on weekends or Federal holidays does not apply.

0
12. Revise paragraphs (a) and (c)(1) of Sec.  4007.10 to read as 
follows:

[[Page 61353]]

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 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

0
13. Revise the authority citation for part 4010 to read as follows:

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


0
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 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.
    (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

0
15. The authority citation for part 4011 continues to read as follows:

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


0
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 issuance 
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

0
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.


0
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

0
19. The authority citation for part 4041 continues to read as follows:

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


0
20. Amend Sec.  4041.3 as follows:
0
a. Revise paragraphs (a), (b), (c) introductory text, and (c)(1) to 
read as set forth below;
0
b. Remove paragraph (c)(2);
0
c. Add the word ``or'' to the end of paragraph (c)(3)(i);
0
d. Remove paragraph (c)(3)(ii); and redesignate paragraph (c)(3)(iii) 
as paragraph (c)(3)(ii);
0
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.
* * * * *

0
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

[[Page 61354]]

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

0
22. The authority citation for part 4041A continues to read as follows:

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

0
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

0
24. The authority citation for part 4043 continues to read as follows:

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


0
25. Revise Sec.  4043.5 to read as follows:


Sec.  4043.5  How and where to file.

    The PBGC applies the rules in subpart A of part 4000 of this 
chapter and the instructions to the applicable PBGC reporting form to 
determine permissible methods of filing with the PBGC under this part. 
See Sec.  4000.4 of this chapter for information on where to file.
0
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. * * *
* * * * *

0
27. Revise Sec.  4043.7 to read as follows:


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

0
28. The authority citation for part 4050 continues to read as follows:

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


0
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 
rule in Sec.  4000.43(a) of this chapter governing periods ending on 
weekends or Federal holidays does not apply.

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

0
30. The authority citation for part 4062 continues to read as follows:

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

0
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.

0
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 rule in Sec.  4000.43(a) of this chapter governing periods 
ending on weekends or Federal holidays does not apply.

PART 4203--EXTENSION OF SPECIAL WITHDRAWAL LIABILITY RULES

0
33. The authority citation for part 4203 continues to read as follows:

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

0
34. Amend Sec.  4203.4 by revising paragraphs (a) and (c) to read as 
follows:

[[Page 61355]]

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 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.
* * * * *

PART 4204--VARIANCES FOR SALE OF ASSETS

0
35. The authority citation for part 4204 continues to read as follows:

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


0
36. Amend Sec.  4204.11 as follows:
0
a. In the first sentence of paragraph (b), remove the word ``filed'' 
and add in its place the word ``submitted'.
0
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.

0
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

0
38. The authority citation for part 4207 continues to read as follows:

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

0
39. Amend Sec.  4207.10 by revising paragraph (c) of this chapter 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.
* * * * *

0
40. Add Sec.  4207.11 to read as follows:


Sec.  4207.11  Method of filing; method and date of issuance.

    (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 4208--REDUCTION OR WAIVER OF PARTIAL WITHDRAWAL LIABILITY

0
41. Revise the authority citation for part 4208 to read as follows:

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

0
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.
* * * * *

0
43. Add Sec.  4208.10 to read as follows:


Sec.  4208.10  Method of filing; method and date of issuance.

    (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

0
44. The authority citation for part 4211 continues to read as follows:

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


0
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

0
46. The authority citation for part 4219 continues to read as follows:

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


0
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

[[Page 61356]]

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 of this chapter 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 
subpart was filed with the PBGC.
* * * * *


Sec.  4219.19  [Redesignated as Sec.  4219.20]

0
48. Redesignate Sec.  4219.19 as Sec.  4219.20.

0
49. Add Sec.  4219.19 to read as follows:


Sec.  4219.19  Method and date of issuance; computation of time.

    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

0
50. The authority citation for part 4220 continues to read as follows:

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


0
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 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

0
52. The authority citation for part 4221 continues to read as follows:

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


0
53. Amend paragraph (c) of Sec.  4221.4 by revising the second sentence 
to read as follows:


Sec.  4221.4  Appointment of the arbitrator.

* * * * *
    (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 (if applicable) 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. * * *
* * * * *

0
54. Amend Sec.  4221.6 by revising paragraph (b) to read as follows:


Sec.  4221.6  Hearing.

* * * * *
    (b) Notice. 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 (if applicable) the requirements of Sec.  4000.14 of this 
chapter.
* * * * *

0
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.

0
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  [Amended]

0
57. Revise the third sentence of paragraph (c) of Sec.  4221.14 to read 
as follows: ``The application shall include:''

PART 4231--MERGERS AND TRANSFERS BETWEEN MULTIEMPLOYER PLANS

0
58. The authority citation for part 4231 continues to read as follows:

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


0
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

[[Page 61357]]

information required by paragraph (e) of this section has been 
submitted.
* * * * *

PART 4245--NOTICE OF INSOLVENCY

0
60. The authority citation for part 4245 continues to read as follows:

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


0
61. Amend Sec.  4245.3 as follows:
0
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''.
0
b. Redesignate paragraph (d) as paragraph (e).
0
c. Revise paragraph (c) and add paragraph (d) to read as follows:


Sec.  4245.3  Notice of insolvency.

* * * * *
    (c) Delivery to PBGC--(1) Method of filing. The PBGC applies the 
rules in subpart A of part 4000 of this chapter to determine 
permissible methods of filing the notice of insolvency 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 notice of insolvency 
under this part was filed with the PBGC.
    (d) Delivery to interested parties--(1) Method of issuance. The 
PBGC applies the rules in subpart B of part 4000 of this chapter to 
determine permissible methods of issuance of the notice of insolvency 
to interested parties. 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]

0
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]

0
63. Amend Sec.  4245.5 as follows:
0
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)''.
0
b. Revise paragraph (d) and add paragraph (e) to read as follows:


Sec.  4245.5  Notice of insolvency benefit level.

* * * * *
    (d) Delivery to PBGC--(1) Method of filing. The PBGC applies the 
rules in subpart A of part 4000 of this chapter to determine 
permissible methods of filing a notice of insolvency benefit level 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 notice of insolvency 
benefit level under this part was filed with the PBGC.
    (e) Delivery to interested parties--(1) Method of issuance. The 
PBGC applies the rules in subpart B of part 4000 of this chapter to 
determine permissible methods of issuance of the notice of insolvency 
benefit levels to interested parties. 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 
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]

0
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)'.

0
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.

0
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

0
67. The authority citation for part 4281 continues to read as follows:

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


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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 filing 
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.

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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 issuance of the notice of benefit reduction to 
interested parties. 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

[[Page 61358]]

notice to that participant's beneficiary or beneficiaries.
* * * * *

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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 issuance of 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 issuance of 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.
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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 issuance 
of the notice of insolvency benefit levels to interested parties.

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

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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), EO 12600, 52 FR 
23781, 3 CFR, 1987 Comp., p. 235.


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73. Add Sec.  4901.6 to Subpart A 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.

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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.''

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75. Revise paragraph (a) of Sec.  4901.15 to read as follows:


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 Sec.  4000.4 of this chapter for information on where to file. To 
expedite processing, the words ``FOIA appeal'' should appear 
prominently on the request.
* * * * *

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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

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

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


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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.
* * * * *

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79. Revise paragraph (c) of Sec.  4902.5 to read as follows:

[[Page 61359]]

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.


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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.
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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).
* * * * *

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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

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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.

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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 of this chapter 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.

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85. Revise paragraph (b)(2) of Sec.  4903.24 to read as follows:


Sec.  4903.24  Request for offset from other agencies.

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

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

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

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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 23rd day of October, 2003.
Elaine L. Chao,
Chairman, Board of Directors, Pension Benefit Guaranty Corporation.

    Issued on the date set forth above pursuant to a resolution of 
the Board of Directors authorizing its Chairman to issue this final 
rule.
James J. Keightley,
Secretary, Board of Directors, Pension Benefit Guaranty Corporation.
[FR Doc. 03-27163 Filed 10-27-03; 8:45 am]
BILLING CODE 7708-01-P