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Employee Benefits Security Administration

EBSA Final Rule

Change of Agency Name; Technical Amendments [04/03/2003]

[PDF Version]

Volume 68, Number 64, Page 16399-16401

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DEPARTMENT OF LABOR

Employee Benefits Security Administration

29 CFR Parts 2509, 2510, 2520, 2550, 2560, 2570, 2575, 2582, 2584, 
2589 and 2590

 
Change of Agency Name; Technical Amendments

AGENCY: Employee Benefits Security Administration, Department of Labor.

ACTION: Final rule; nomenclature change and technical amendments.

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SUMMARY: In accordance Secretary of Labor Order 1-2003, which changed 
the name of the Pension and Welfare Benefits Administration to the 
Employee Benefits Security Administration, this document revises all 
references to the ``Pension and Welfare Benefits Administration'' in 
chapter XXV of title 29 of the Code of Federal Regulations. This 
document also makes conforming changes to all references to ``PWBA,'' 
``Assistant Secretary for Pension and Welfare Benefits,'' and similar 
references in chapter XXV. In addition, this document updates authority 
citations in chapter XXV to reflect the Secretary of Labor's Order 1-
2003. Finally, this document makes certain other corrections to agency 
telephone numbers and addresses in chapter XXV. All the changes made in 
this rule are strictly technical.

DATES: Effective date: This rule is effective on April 3, 2003. 
Applicability date: The changes made by this rule to Sec. Sec.  
2520.102-3 and 2520.104b-10 are applicable to any disclosures required 
to be furnished on or after January 1, 2004.

FOR FURTHER INFORMATION CONTACT: Shelly Mui, Office of Regulations and 
Interpretations, Employee Benefits Security Administration, U.S. 
Department of Labor, Washington, DC 20210, (202) 693-8523 (not a toll 
free number).

SUPPLEMENTARY INFORMATION:

I. Summary of Rule

    On February 3, 2003, the Secretary of Labor published in the 
Federal Register Secretary of Labor's Order No. 1-2003 (68 FR 5374). 
This order renamed the Pension and Welfare Benefits Administration 
(PWBA) as the Employee Benefits Security Administration (EBSA). The 
title, ``Assistant Secretary for Pension and Welfare Benefits'' became 
``Assistant Secretary for Employee Benefits Security.'' All the 
functions formerly carried out by PWBA and this Assistant Secretary 
remain unchanged. As a result of this name change, we are revising all 
references to ``Pension and Welfare Benefits Administration,'' 
``PWBA,'' ``Assistant Secretary for Pension and Welfare Benefits'' and 
similar references in chapter XXV of the Code of Federal Regulations. 
In addition, because the Secretary of Labor's Order 1-2003 supersedes 
Secretary of Labor's Order 1-87, this document updates the authority 
citations for certain parts of this chapter. Finally, this document 
makes certain other corrections to agency telephone numbers and 
addresses.

II. Administrative Procedure Act

    Because this regulation merely implements a change in the name of a 
government agency and in the titles of certain government officers, it 
relates only to agency organization, procedure or practice, and, 
accordingly, requirements for prior notice and public comment do not 
apply. 5 U.S.C. 553(b)(3)(A). In any event, the Department for good 
cause finds, pursuant to 5 U.S.C. 553(b)(3)(B), that notice and public 
comment thereon are unnecessary. In addition, and for the same reasons, 
the Department for good cause finds, pursuant to 5 U.S.C. 553(d)(3), 
that this rule should take effect immediately.

III. Paperwork Reduction Act

    This final rule does not include a collection of information as 
defined in 44 U.S.C. 3502(3) of the Paperwork Reduction Act of 1995. 
This rule will require modification of the content of disclosures 
specified in 29 CFR 2520.102-3, pertaining to Summary Plan 
Descriptions, and Sec.  2520.104b-10, pertaining to Summary Annual 
Reports. The information collection provisions of those sections are 
currently approved under OMB control numbers 1210-0039 and 1210-0040, 
respectively. Required changes in the references to the agency name are 
not substantive or material modifications to the existing collections 
of information. The delayed applicability date for these changes should 
further limit any associated burden. Accordingly, the modifications to 
these collections of information have not been submitted to OMB for 
review.

IV. Regulatory Flexibility Act

    Because this regulation is being promulgated without a proposal and 
an opportunity for public comments, the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.) does not apply. In any event, the technical 
amendments made by this regulation will not have a significant impact 
on a substantial number of small entities.

V. Congressional Review Act

    This regulation is a rule of agency organization, procedure or 
practice that does not substantially affect the rights or obligations 
of non-agency parties. It is therefore not subject to the Congressional 
Review Act pursuant to 5 U.S.C. 801 and 804(1).

VI. Executive Order 12866--Regulatory Planning and Review

    We have consulted the Office of Management and Budget and 
determined that this rule does not meet the criteria for a significant 
regulatory action under Executive Order 12866.

VII. Executive Order 13132--Federalism

    This rule does not have Federalism implications under Executive 
Order 13132.

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For the reasons set forth in the preamble, the Department of Labor 
amends chapter XXV of title 29 of the Code of Federal Regulations as 
follows:

[[Page 16400]]

CHAPTER XXV--EMPLOYEE BENEFITS SECURITY ADMINISTRATION, DEPARTMENT OF 
LABOR

0
1. Revise the heading for chapter XXV to read as set forth above.

0
2. In addition to the other amendments herein, in chapter XXV:
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a. Revise all references to ``Pension and Welfare Benefits 
Administration'' to read ``Employee Benefits Security Administration'';
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b. Revise all references to ``PWBA'' to read ``EBSA'';
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c. Revise all references to ``Assistant Secretary for Pension and 
Welfare Benefits'' to read ``Assistant Secretary for Employee Benefits 
Security''; and
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d. Revise all references to ``http://www.dol.gov/dol/pwba'' to read 
``http://www.dol.gov/ebsa''.

SUBCHAPTER A--GENERAL

PART 2509--INTERPRETIVE BULLETINS RELATING TO THE EMPLOYEE 
RETIREMENT INCOME SECURITY ACT OF 1974

0
3. The authority citation for part 2509 is revised to read as follows:

    Authority: 29 U.S.C. 1135 and Secretary of Labor's Order 1-2003, 
68 FR 5374 (Feb. 3, 2003). Secs. 2509.75-10 and 2509-75-2 issued 
under 29 U.S.C. 1052, 1053, 1054.

SUBCHAPTER B--DEFINITIONS AND COVERAGE UNDER THE EMPLOYEE RETIREMENT 
INCOME SECURITY ACT OF 1974

PART 2510--DEFINITIONS OF TERMS USED IN SUBCHAPTERS C, D, E, F AND 
G OF THIS CHAPTER

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4. The authority citation for part 2510 is revised to read as follows:

    Authority: 29 U.S.C. 1002(2), 1002(21), 1002(37), 1031, and 
1135; Secretary of Labor's Order 1-2003, 68 FR 5374 (Feb. 3, 2003). 
Sec. 2510.3-101 also issued under sec. 102 of Reorganization Plan 
No. 4 of 1978, 43 FR 47713 (Oct. 17, 1978), effective Dec. 31, 1978, 
44 FR 1065 (Jan. 3, 1978); 3 CFR 1978 Comp. 332, and 29 U.S.C. 1135 
note. Sec. 2510.3-102 also issued under sec. 102 of Reorganization 
Plan No. 4 of 1978, 43 FR 47713 (Oct. 17, 1978), effective Dec. 31, 
1978, 44 FR 1065 (Jan. 3, 1978), and 3 CFR 1978 Comp. 332.

SUBCHAPTER C--REPORTING AND DISCLOSURE UNDER THE EMPLOYEE RETIRMENT 
INCOME SECURITY ACT OF 1974

PART 2520--RULES AND REGULATIONS FOR REPORTING AND DISCLOSURE

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5. The authority citation for part 2520 is revised to read as follows:

    Authority: 29 U.S.C. 1021-1025, 1027, 1029-31, 1059, 1134 and 
1135; Secretary of Labor's Order 1-2003, 68 FR 5374 (Feb. 3, 2003). 
Sec. 2520.101-2 also issued under 29 U.S.C. 1132, 1181-1183, 1181 
note, 1185, 1185a-b, 1191, and 1191a-c. Secs. 2520.102-3, 2520.104b-
1 and 2520.104b-3 also issued under 29 U.S.C. 1003,1181-1183, 1181 
note, 1185, 1185a-b, 1191, and 1191a-c. Secs. 2520.104b-1 and 
2520.107 also issued under 26 U.S.C. 401 note, 111 Stat. 788.


Sec.  2520.104-22  [Amended]

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6. Amend section 2520.104-22 as follows:
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a. Remove from paragraph (c) the phrase ``Room N-5664'' wherever it 
appears and add, in its place, the phrase ``Room N-1513'', and
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b. Remove from paragraph (c) the phrase ``Division of Reports, Office 
of Program Services, Pension and Welfare Benefits Administration'' and 
add, in its place, the phrase ``Employee Benefits Security 
Administration.''


Sec.  2520.104-23  [Amended]

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7. Amend section 2520.104-23 as follows:
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a. Remove from paragraph (c) the phrase ``Room N-5664'' wherever it 
appears and add, in its place, the phrase ``Room N-1513'', and
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b. Remove from paragraph (c) the phrase ``Division of Reports, Office 
of Program Services, Pension and Welfare Benefits Administration'' and 
add, in its place, the phrase ``Employee Benefits Security 
Administration''.


Sec.  2520.104b-10  [Amended]

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8. Amend section 2520.104b-10 by revising the last sentence of both 
paragraphs (d)(3) and (d)(4) under the heading ``Your Rights to 
Additional Information'' to read ``Requests to the Department should be 
addressed to: Public Disclosure Room, Room N-1513, Employee Benefits 
Security Administration, U.S. Department of Labor, 200 Constitution 
Avenue, N.W., Washington, D.C. 20210.''.

SUBCHAPTER F--FIDUCIARY RESPONSIBILITY UNDER THE EMPLOYEE RETIREMENT 
INCOME SECURITY ACT OF 1974

PART 2550--RULES AND REGULATIONS FOR FIDUCIARY RESPONSIBILITY

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9. The authority citation for part 2550 is revised to read as follows:

    Authority: 29 U.S.C. 1135, and Secretary of Labor's Order 1-
2003, 68 FR 5374 (Feb. 3, 2003). Sec. 2550.401b-1 also issued under 
sec. 102, Reorganization Plan No. 4 of 1978, 43 FR 47713 (Oct. 17, 
1978), 3 CFR, 1978 Comp. 332, effective Dec. 31, 1978, 44 FR 1065 
(Jan. 3, 1978), 3 CFR 1978 Comp. 332. Sec. 2550.401c-1 also issued 
under 29 U.S.C. 1101. Sec. 2550.404c-1 also issued under 29 U.S.C. 
1104. Sec. 2550.407c-3 also issued under 29 U.S.C. 1107. Sec. 
2550.408b-1 also issued under 29 U.S.C. 1108(b)(1) and sec. 102, 
Reorganization Plan No. 4 of 1978, 3 CFR, 1978 Comp. p. 332, 
effective Dec. 31, 1978, 44 FR 1065 (Jan. 3, 1978), and 3 CFR 1978 
Comp. 332. Sec. 2550.412-1 also issued under 29 U.S.C. 1112.

SUBCHAPTER G--ADMINISTRATION AND ENFORCEMENT UNDER THE EMPLOYEE 
RETIREMENT INCOME SECURITY ACT OF 1974

PART 2560--RULES AND REGULATIONS FOR ADMINISTRATION AND ENFORCEMENT

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10. The authority citation for part 2560 is revised to read as follows:

    Authority: 29 U.S.C. 1132, 1135, and Secretary of Labor's Order 
1-2003, 68 FR 5374 (Feb. 3, 2003). Sec. 2560.503-1 also issued under 
29 U.S.C. 1133.

PART 2570--PROCEDURAL REGULATIONS UNDER THE EMPLOYEE RETIREMENT 
INCOME SECURITY ACT

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11. The authority citation in part 2570 is revised to read as follows:

    Authority: 5 U.S.C. 8477, 29 U.S.C. 1021, 1108, 1132, 1135, sec. 
102, Reorganization Plan No. 4 of 1978, 3 CFR, 1978 Comp. p. 332, 
effective Dec. 31, 1978, 44 FR 1065 (Jan. 3, 1978), 3 CFR 1978 Comp. 
332; Secretary of Labor's Order 1-2003, 68 FR 5374 (Feb.3, 2003).


Sec.  2570.82  [Amended]

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12. Revise the reference to ``Area Directors for Pension and Welfare 
Benefits'' in paragraph (e) of section 2570.82 to read ``Regional 
Directors for Employee Benefits Security.''

PART 2575--ADJUSTMENT OF CIVIL PENALTIES UNDER ERISA TITLE I

0
13. The authority citation in part 2575 is revised to read as follows:

    Authority: 29 U.S.C. 1135; 28 U.S.C. 2461 note; Secretary of 
Labor's Order 1-2003, 68 FR 5374 (Feb. 3, 2003).

SUBCHAPTER J--FIDUCIARY RESPONSIBILITY UNDER THE FEDERAL EMPLOYEES' 
RETIREMENT SYSTEM ACT OF 1986

PART 2582--RULES AND REGULATIONS FOR FIDUCIARY RESPONSIBILITY

0
14. The authority citation in part 2582 is revised to read as follows:

    Authority: 5 U.S.C. 8478 and 8478 note; Secretary of Labor's 
Order 1-2003, 68 FR 5374 (Feb. 3, 2003).

[[Page 16401]]

PART 2584--RULES AND REGULATIONS FOR THE ALLOCATION OF FIDUCIARY 
RESPONSIBILITY

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15. The authority citation in part 2584 is revised to read as follows:

    Authority: 5 U.S.C. 8477(e)(1)(E) and Secretary of Labor's Order 
1-2003, 68 FR 5374 (Feb. 3, 2003).

PART 2589--RULES AND REGULATIONS FOR ADMINISTRATION AND ENFORCEMENT

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16. The authority citation for part 2589 is revised to read as follows:

    Authority: 5 U.S.C. 8477(e)(1)(B) and (f); Secretary of Labor's 
Order 1-2003, 68 FR 5374 (Feb. 3, 2003).

SUBCHAPTER L--HEALTH INSURANCE PORTABILITY AND RENEWABILITY FOR GROUP 
HEALTH PLANS

PART 2590--RULES AND REGULATIONS FOR GROUP HEALTH PLAN REQUIREMENTS

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17. The authority citation in part 2590 is revised to read as follows:

    Authority: 29 U.S.C. 1027, 1059, 1135, 1169, 1181-1183, 1181 
note, 1185, 1185a, 1185b, 1191, 1191a, 1191b, and 1191c, 42 U.S.C. 
651 note; Secretary of Labor's Order 1-2003, 68 FR 5374 (Feb. 3, 
2003).

    Signed at Washington, DC this 28th day of March 2003.
Ann L. Combs,
Assistant Secretary for Employee Benefits Security, U.S. Department of 
Labor.
[FR Doc. 03-8099 Filed 4-2-03; 8:45 am]

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