[Federal Register Volume 74, Number 235 (Wednesday, December 9, 2009)]
[Notices]
[Pages 65167-65168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29315]


=======================================================================
-----------------------------------------------------------------------

PENSION BENEFIT GUARANTY CORPORATION


Proposed Submission of Information Collection for OMB Review; 
Comment Request; Administrative Appeals

AGENCY: Pension Benefit Guaranty Corporation.

ACTION: Notice of intent to request extension of OMB approval of 
information collection.

-----------------------------------------------------------------------

SUMMARY: The Pension Benefit Guaranty Corporation (``PBGC'') intends to 
request the Office of Management and Budget (``OMB'') to extend 
approval, under the Paperwork Reduction Act, of a collection of 
information under its regulation on Rules for Administrative Review of 
Agency Decisions. This notice informs the public of PBGC's intent and 
solicits public comment on the collection of information.

DATES: Comments should be submitted by February 8, 2010.

ADDRESSES: Comments may be submitted by any of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
Web site instructions for submitting comments.
    E-mail: [email protected].
    Fax: 202-326-4224.
    Mail or Hand Delivery: Legislative and Regulatory Department, 
Pension Benefit Guaranty Corporation, 1200 K Street, NW., Washington, 
DC 20005-4026.
    PBGC will make all comments available on its Web site, http://www.pbgc.gov.
    Copies of the collection of information may also be obtained 
without charge by writing to the Disclosure Division of the Office of 
the General Counsel of PBGC at the above address or by visiting the 
Disclosure Division or calling 202-326-4040 during normal business 
hours. (TTY and TDD users may call the Federal relay service toll-free 
at 1-800-877-8339 and ask to be connected to 202-326-4040.) PBGC's 
regulation on Administrative Appeals may be accessed on PBGC's Web site 
at http://www.pbgc.gov.

FOR FURTHER INFORMATION CONTACT: Catherine B. Klion, Manager, or Donald 
McCabe, Attorney, Regulatory and Policy Division, Legislative and 
Regulatory Department, Pension Benefit Guaranty Corporation, 1200 K 
Street, NW., Washington, DC 20005-4026, 202-326-4024. (For TTY and TDD, 
call 800-877-8339 and request connection to 202-326-4024).

SUPPLEMENTARY INFORMATION: PBGC's regulation on Rules for 
Administrative Review of Agency Decisions (29 CFR part 4003) prescribes 
rules governing the issuance of initial determinations by PBGC and the 
procedures for requesting and obtaining administrative review of 
initial determinations. Certain types of initial determinations are 
subject to administrative appeals, which are

[[Page 65168]]

covered in subpart D of the regulation. Subpart D prescribes rules on 
who may file appeals, when and where to file appeals, contents of 
appeals, and other matters relating to appeals.
    Most appeals filed with PBGC are filed by individuals 
(participants, beneficiaries, and alternate payees) in connection with 
benefit entitlement or amounts. A small number of appeals are filed by 
employers in connection with other matters, such as plan coverage under 
ERISA section 4021 or employer liability under ERISA sections 
4062(b)(1), 4063, or 4064. Appeals may be filed by hand, mail, 
commercial delivery service, fax or e-mail. For appeals of benefit 
determinations, PBGC has optional forms for filing appeals and requests 
for extensions of time to appeal.
    OMB has approved the administrative appeals collection of 
information under control number 1212-0061 through January 31, 2010. 
PBGC intends to request that OMB extend approval of this collection of 
information for three years. An agency may not conduct or sponsor, and 
a person is not required to respond to, a collection of information 
unless it displays a currently valid OMB control number.
    PBGC estimates that an average of 900 appellants per year will 
respond to this collection of information. PBGC further estimates that 
the average annual burden of this collection of information is 0.71 
hours and $52 per appellant, with an average total annual burden of 643 
hours and $46,680.
    PBGC is soliciting public comments to--
     Evaluate whether the collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
     Evaluate the accuracy of the agency's estimate of the 
burden of the collection of information, including the validity of the 
methodology and assumptions used;
     Enhance the quality, utility, and clarity of the 
information to be collected; and
     Minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g., permitting 
electronic submission of responses.

    Issued in Washington, DC, this 3rd day of December 2009.
John H. Hanley,
Director, Legislative and Regulatory Department, Pension Benefit 
Guaranty Corporation.
[FR Doc. E9-29315 Filed 12-8-09; 8:45 am]
BILLING CODE 7708-01-P