[Federal Register Volume 64, Number 148 (Tuesday, August 3, 1999)]
[Rules and Regulations]
[Pages 42246-42247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19862]
[[Page 42245]]
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Part V
Department of Labor
_______________________________________________________________________
Pension and Welfare Benefits Administration
_______________________________________________________________________
29 CFR Parts 2570 and 2575
Redesignation of Rules Relating to Adjustment of Civil Monetary
Penalties; Final Rule
Federal Register / Vol. 64, No. 148 / Tuesday, August 3, 1999 / Rules
and Regulations
[[Page 42246]]
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DEPARTMENT OF LABOR
Pension and Welfare Benefits Administration
29 CFR Parts 2570 and 2575
Redesignation of Rules Relating to Adjustment of Civil Monetary
Penalties
AGENCY: Pension and Welfare Benefits Administration, Labor.
ACTION: Final rule.
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SUMMARY: This document contains a final rule which relocates and
redesignates certain regulations relating to adjustment of civil
monetary penalties under Title I of the Employee Retirement Income
Security Act of 1974, as amended (ERISA). These changes are needed to
simplify the organization and numbering of procedural regulations in
the Code of Federal Regulations (CFR) relating to civil monetary
penalties under Title I of ERISA.
EFFECTIVE DATE: August 3, 1999.
FOR FURTHER INFORMATION CONTACT: Rudy Nuissl, Office of Regulations and
Interpretations, Pension and Welfare Benefits Administration, DOL (202)
219 7461. This is not a toll free number.
SUPPLEMENTARY INFORMATION:
Background
Part 2570 of Chapter XXV of Title 29 of the CFR contains procedural
regulations relating to the assessment of civil penalties under Title I
of ERISA. On July 29, 1997, the Department of Labor published at 62 FR
40696 a final rule adopting five new sections effecting the adjustment
for inflation of the civil monetary penalties under Title I of ERISA,
pursuant to the requirements of the Federal Civil Penalties Inflation
Adjustment Act of 1990, as amended by the Debt Collection Improvement
Act of 1996. The July 29, 1997, final rule also amended the CFR by
placing the penalty adjustment regulations in a new subpart E of Part
2570.
Discussion of the Final Rule
The final rule contained in this document amends the CFR by
transferring all regulations in Subpart E of part 2570 to Subpart A of
a new part 2575 of Chapter XXV of title 29 of the CFR and redesignating
each of the regulations so transferred accordingly. This transfer will
have the effect of simplifying the organization and numbering of
procedural regulations in part 2570.
Publication in Final
The Department has determined that this reorganization of
regulations need not be published as a proposed rule, as generally
required by the Administrative Procedure Act (APA, 5 U.S.C. 553), since
this rulemaking merely reflects agency organization, procedure and
practice. It is thus exempt under section 553(b)(A) of the APA.
Effective Date
This final action will become effective upon publication pursuant
to 5 U.S.C. 553(d). The undersigned has determined that good cause
exists for waiving the customary requirement for delay in the effective
date of a final rule for 30 days following its publication. This
determination is based upon the fact that the rule is technical and
non-substantive, and merely reflects agency organization, practice and
procedure.
Executive Order 12866
This rule has been drafted and reviewed in accordance with section
1(b) of Executive Order 12866, Principles of Regulation. The Department
has determined that this rule is not a ``significant regulatory
action'' under Executive Order 12866, section 3(f), Regulatory Planning
and Review. Accordingly, it does not require an assessment of potential
costs and benefits under section 6(a)(3) of that order.
Regulatory Flexibility Act
Because no notice of proposed rulemaking is required for this rule
under section 553(b) of the APA, the requirements of the Regulatory
Flexibility Act (5 U.S.C. 601) pertaining to regulatory flexibility
analysis do not apply to the rule.
Paperwork Reduction Act
This final rule is not subject to section 3504(h) of the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.) since it does not contain any
new collection of information requirement.
Small Business Regulatory Enforcement Fairness Act
The rule contained in this document is not subject to the
provisions of the Small Business Regulatory Enforcement Fairness Act
(SBREFA, 5 U.S.C 801 et seq.) because it is a rule of agency
organization, procedure or practice that does not substantially affect
the rights or obligations of non-agency parties, within the meaning of
section 804(3)(C) of SBREFA.
Unfunded Mandates Reform Act
For purposes of the Unfunded Mandates Reform Act of 1995 (Pub. L.
104-4), as well as Executive Order 12875, the final rule contained in
this document does not include any Federal mandate that may result in
expenditures by State, local, or tribal governments, nor does it
include mandates which may impose an annual burden of $100 million or
more on the private sector.
List of Subjects
29 CFR Part 2570
Administrative practice and procedure, Employee benefit plans,
Employee Retirement Income Security Act, Penalties, Claims, Law
enforcement, Pension and Welfare Benefits Administration, Reporting and
disclosure.
29 CFR Part 2575
Administrative practice and procedure, Employee benefit plans,
Employee Retirement Income Security Act, Penalties, Pensions.
Statutory Authority
This final rule is being adopted pursuant to the authority
contained in section 505 of ERISA and section 553(b)(A) of the APA.
For the reasons set forth in the preamble, Subchapter G of Chapter
XXV of the Code of Federal Regulations is amended as follows:
1. A new Part 2575 is added to read as follows:
PART 2575--ADJUSTMENT OF CIVIL PENALTIES UNDER ERISA TITLE I
Authority: 29 U.S.C.1135; Secretary of Labor Order No. 1-87;
sec.4, Pub.L. 101-410; 104 Stat.890 (28 U.S.C. 2461 note), as
amended by sec.31001(s)(1), Pub.L.104-134,110 Stat.1321-373.
PART 2570--[AMENDED]
2. The authority citation for Part 2570 is revised to read as
follows:
Authority: 5 U.S.C. 8477(c)(3); 29 U.S.C. 1108, 1135;
Reorganization Plan No. 4 of 1978; Secretary of Labor Order No. 1-
87.
Subpart A is also issued under 29 U.S.C. 1132(c)(1).
Subpart E--[Redesignated as Subpart A]
3. Subpart E of Part 2570 is redesignated as Subpart A of Part
2575.
Secs. 2570.100--257.502c-3 [Redesignated]
4. Sections 2570.100 through 2570.502c-3 are redesignated as
sections 2575.100 through 2575.502c-3.
5. Subparts B through D are added and reserved in the new Part
2575.
Subpart E--[Reserved]
6. Subpart E of Part 2570 is reserved.
[[Page 42247]]
Signed at Washington, DC, this 28th day of July 1999,
Richard M. McGahey,
Assistant Secretary, Pension and Welfare Benefits Administration, U.S.
Department of Labor.
[FR Doc. 99-19862 Filed 8-2-99; 8:45 am]
BILLING CODE 4510-29-P
