[Federal Register: August 30, 2006 (Volume 71, Number 168)]
[Page 51650-51651]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



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

AGENCY: Pension Benefit Guaranty Corporation.

ACTION: Notice of intention to request OMB approval.


[[Page 51651]]

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

DATES: Comments should be submitted by October 30, 2006.

ADDRESSES: Comments may be mailed to the Legislative and Regulatory 
Department, Pension Benefit Guaranty Corporation, 1200 K Street, NW., 
Washington, DC 20005-4026, or delivered to that address during normal 
business hours. Comments also may be submitted by e-mail to 
paperwork.comments@pbgc.gov, or by fax to 202-326-4224. The PBGC will 

make all comments available on its Web site at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=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.) The PBGC's 
regulation on Administrative Appeals may be accessed on the PBGC's Web 
site at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=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: The PBGC's regulation on Rules for 
Administrative Review of Agency Decisions (29 CFR part 4003) prescribes 
rules governing the issuance of initial determinations by the 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 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 the 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, the PBGC has developed new optional forms for filing 
appeals and requests for extensions of time to appeal.
    The PBGC intends to request that OMB approve 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.
    The PBGC estimates that an average of 850 appellants per year will 
respond to this collection of information. The PBGC further estimates 
that the average annual burden of this collection of information is 
0.75 hours and $55 per appellant, with an average total annual burden 
of 640 hours and $46,750.
    The 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 24th day of August 2006.
Cris Birch,
Acting Chief Technology Officer, Pension Benefit Guaranty Corporation.
 [FR Doc. E6-14477 Filed 8-29-06; 8:45 am]