Td 9735

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Country

License
requirement

Entity
RN-Yuganskneftegaz LLC, a.k.a., the
following two aliases:
—RN- Yuganskneftegaz OOO; and

For all items subject to
the EAR when used in
projects specified in
§ 746.5 of the EAR

—Yuganskneftegaz. Lenina St., 26,
Nefteyugansk,
Tyumen
Region,
628309, Russia
*
*
Southeast Trading Oy, a.k.a., the following one alias:

*

SWITZERLAND

UKRAINE .........

Airfix Aviation Oy, Chemin des Papillons 4, Geneva/Cointrin 1216 Switzerland (See also address under Finland)
Rosneft Trading S.A., 2, Rue Place du
Lac, 1204, Geneva, Switzerland

*

*
UNITED KINGDOM.

*

asabaliauskas on DSK5VPTVN1PROD with RULES

Presumption of denial ......

*

80 FR [INSERT FR PAGE
NUMBER 9/2/2015].

*

For all items subject to
the EAR. (See § 744.11
of the EAR)

*

*

*

*

For all items subject to
the EAR. (See § 744.11
of the EAR)

*

*

DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1

Internal Revenue Service (IRS),
Treasury.
ACTION: Temporary regulations.

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*
*

Presumption of denial ......

*

80 FR [INSERT FR PAGE
NUMBER 9/2/2015].

*

*

AGENCY:

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*

Presumption of denial ......

Administration of Multiemployer Plan
Participant Vote on an Approved
Suspension of Benefits Under MPRA

19:00 Sep 01, 2015

*

See § 746.5(b) of the EAR

RIN 1545–BM89

VerDate Sep<11>2014

80 FR [INSERT FR PAGE
NUMBER 9/2/2015].

For all items subject to
the EAR when used in
projects specified in
§ 746.5 of the EAR

[TD 9735]

BILLING CODE 3510–33–P

*

80 FR [INSERT FR PAGE
NUMBER 9/2/2015].

*

[FR Doc. 2015–21682 Filed 9–1–15; 8:45 am]

*

Presumption of denial ......

*

Southport Management Services Limited, De Castro Street 24, Akara
Building, Wickhams Cay 1, Road
Town, Tortola, Virgin Islands, British
(See also address under Cyprus).

Dated: August 25, 2015.
Eric L. Hirschhorn,
Under Secretary of Commerce for Industry
and Security.

80 FR [INSERT FR PAGE
NUMBER 9/2/2015].

For all items subject to
the EAR. (See § 744.11
of the EAR)

*

*

See § 746.5(b) of the EAR

*

*

*

*

*

*

Private Joint-Stock Company Mako
Holding, a.k.a., the following one
alias:
—Mako
Holding.
Bohdan
Khmelnytsky Avenue, Building 102,
Voroshilovsky
District,
Donetsk,
Donetsk Oblast 83015, Ukraine

Federal Register
citation

*

For all items subject to
the EAR. (See § 744.11
of the EAR)

—Southeast Trading LTD. St. Petersburg, Russia (See also addresses
under Finland and Romania)
*
*

License
review policy

*

80 FR [INSERT FR PAGE
NUMBER 9/2/2015].

*

The Multiemployer Pension
Reform Act of 2014 (MPRA) pertains to
multiemployer plans that are projected
to have insufficient funds, at some point
in the future, to pay the full plan
benefits to which individuals will be
entitled (referred to as plans in ‘‘critical
and declining status’’). The sponsor of
such a plan is permitted to reduce the
pension benefits payable to plan
participants and beneficiaries if certain
conditions are satisfied (referred to as a
‘‘suspension of benefits’’). A suspension
of benefits is not permitted to take effect
prior to a vote of the participants of the

SUMMARY:

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Federal Register / Vol. 80, No. 170 / Wednesday, September 2, 2015 / Rules and Regulations
plan with respect to the suspension.
This document contains temporary
regulations that provide guidance
relating to the administration of that
vote. These temporary regulations affect
active, retired, and deferred vested
participants and beneficiaries of
multiemployer plans that are in critical
and declining status as well as
employers contributing to, and sponsors
and administrators of, those plans. The
text of these temporary regulations also
serves as the text of the proposed
regulations set forth in the notice of
proposed rulemaking (REG–123640–15)
on this subject in the Proposed Rules
section of this issue of the Federal
Register.
Effective date: These temporary
regulations are effective on September 2,
2015.
Applicability date: These temporary
regulations apply on and after June 17,
2015, and expire on June 15, 2018.
FOR FURTHER INFORMATION CONTACT: The
Department of the Treasury MPRA
guidance information line at (202) 622–
1559 (not a toll-free number).
SUPPLEMENTARY INFORMATION:
DATES:

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Paperwork Reduction Act
These temporary regulations are being
issued without prior notice and public
procedure pursuant to the
Administrative Procedure Act (5 U.S.C.
553). The collection of information
contained in these regulations has been
reviewed and approved by the Office of
Management and Budget under control
number 1545–2260.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless the collection of information
displays a valid control number.
For further information concerning
this collection of information, and
where to submit comments on the
collection of information and the
accuracy of the estimated burden, and
suggestions for reducing this burden,
please refer to the preamble to the crossreferenced notice of proposed
rulemaking on this subject in the
Proposed Rules section in this issue of
the Federal Register.
Books or records relating to a
collection of information must be
retained as long as their contents may
become material in the administration
of any internal revenue law. Generally,
tax returns and tax return information
are confidential, as required by 26
U.S.C. 6103.
Background
Section 432(e)(9) of the Internal
Revenue Code (Code), as amended by

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the Multiemployer Pension Reform Act
of 2014 (MPRA), permits plan sponsors
of certain multiemployer plans to
reduce the plan benefits payable to
participants and beneficiaries (referred
to as a ‘‘suspension of benefits’’) if
specified conditions are satisfied. One
key condition is that any such plan
must be projected to have insufficient
funds, at some point in the future, to
pay the full benefits to which
individuals will be entitled under the
plan (referred to as a plan in ‘‘critical
and declining status’’).
Under section 432(e)(9)(H), no
suspension of benefits may take effect
prior to a vote of the participants of the
plan with respect to the suspension.
Section 432(e)(9)(H) requires that the
vote be administered by the Secretary of
the Treasury, in consultation with the
Pension Benefit Guaranty Corporation
and the Secretary of Labor (generally
referred to in this preamble as the
Treasury Department, PBGC, and Labor
Department, respectively), within 30
days after approval of a suspension
application. The plan sponsor is
required to provide a ballot for a vote
(subject to approval by the Treasury
Department, in consultation with the
PBGC and the Labor Department). The
statute specifies information that the
ballot must contain, including a
statement in opposition to the proposed
suspension that is compiled from
comments received on the application.
On June 19, 2015, the Treasury
Department and the Internal Revenue
Service published temporary regulations
(TD 9723) under section 432(e)(9) in the
Federal Register (80 FR 35207) (June
2015 temporary regulations). The June
2015 temporary regulations provide
general guidance regarding section
432(e)(9) and outline the requirements
for a plan sponsor of a plan that is in
critical and declining status to apply for
a suspension of benefits and for the
Treasury Department to begin
processing such an application. A notice
of proposed rulemaking crossreferencing the temporary regulations
(REG–102648–15) was also published in
the same issue of the Federal Register
(80 FR 35262). Both the June 2015
temporary regulations and the related
proposed regulations reflect
consideration of comments received in
response to the Request for Information
on Suspensions of Benefits under the
Multiemployer Pension Reform Act of
2014 published in the Federal Register
on February 18, 2015 (80 FR 8578)
(February 2015 request for information).
The June 2015 temporary regulations
and the related proposed regulations set
forth many of the rules relating to the
participant vote under section

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432(e)(9)(H). However, neither the June
2015 temporary regulations nor the
related proposed regulations provide
detailed guidance on how the Treasury
Department would administer the vote.
Explanation of Provisions
Overview
These temporary regulations provide
guidance relating to the administration
of the participant vote required under
section 432(e)(9)(H). These temporary
regulations reflect consideration of
comments received in response to the
February 2015 request for information.
The Treasury Department consulted
with the PBGC and the Labor
Department on these temporary
regulations.
A participant vote requires the
completion of three steps. First, a
package of ballot materials is distributed
to eligible voters. Second, the eligible
voters cast their votes and the votes are
collected and tabulated. Third, the
Treasury Department (in consultation
with the PBGC and the Labor
Department) determines whether a
majority of the eligible voters has voted
to reject the proposed suspension. The
June 2015 temporary regulations define
eligible voters as all plan participants
and all beneficiaries of deceased
participants.
Under these temporary regulations,
the Treasury Department is permitted to
designate a service provider or service
providers to facilitate the administration
of the vote. The service provider may
assist in the steps of distributing the
ballot package to eligible voters and
collecting and tabulating the votes.
These temporary regulations provide
that if a service provider is designated
to collect and tabulate votes, then the
service provider will provide the
Treasury Department with the report of
the results of the vote, which includes
a breakdown of the number of eligible
voters who voted, the number of eligible
voters who voted in support of and to
reject the suspension, and certain other
information. The Treasury Department
will use that information to determine
(in consultation with the PBGC and the
Labor Department) whether a majority
of eligible voters has voted to reject the
suspension.
Distribution of the Ballot Package
These temporary regulations provide
that the ballot package sent to eligible
voters includes the approved ballot and
a unique identifier for each eligible
voter. The unique identifier, which is
assigned by the Treasury Department or
a designated service provider, is
intended to ensure the validity of the

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vote while maintaining the eligible
voters’ privacy in the voting process.
These temporary regulations provide
guidance on the plan sponsor’s statutory
requirement to provide a ballot. Because
the ballot for each eligible voter is
accompanied by a unique identifier, the
plan sponsor cannot itself distribute the
ballot. Instead, the plan sponsor is
responsible for furnishing a list of
eligible voters so that the ballot can be
distributed on the plan sponsor’s behalf.
The list must include the last known
mailing address for each eligible voter
(except for those eligible voters for
whom the last known mailing address is
known to be incorrect). The plan
sponsor must also provide a list of
eligible voters whom the plan sponsor
has been unable to locate using
reasonable efforts. In addition, the plan
sponsor must furnish current electronic
mailing addresses for certain eligible
voters, who are identified below. The
plan sponsor must also furnish the
individualized estimates provided to
eligible voters as part of the earlier
notices described in section 432(e)(9)(F)
(or, if an individualized estimate is no
longer accurate for an eligible voter, a
corrected version of that estimate) so
that an individualized estimate can be
included with the ballot for each
eligible voter. These materials must be
provided no later than 7 days after the
date the Treasury Department has
approved an application for a
suspension of benefits.
Under these temporary regulations,
the plan sponsor is responsible for
paying all costs associated with the
ballot package, including postage. This
is because the section 432(e)(9)(H)(iii)
requirement that the plan sponsor
provide a ballot means that the plan
sponsor is responsible for the cost of
providing the ballot package to eligible
voters, including the costs associated
with printing, assembling and mailing
those ballot packages.
These temporary regulations provide
that ballot packages will be distributed
to eligible voters by first-class U.S. mail.
A supplemental copy of the mailed
ballot package may also be sent by an
electronic communication to an eligible
voter who has consented to receive
electronic notifications. For example, if
the ballot sent by first-class U.S. mail is
not received, a supplemental ballot may
be provided by electronic mail.
These temporary regulations provide
additional detail on the plan sponsor’s
duty to communicate with eligible
voters. As part of this communication
requirement, these temporary
regulations provide that the plan
sponsor must notify certain eligible
voters (using an electronic

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communication) that the ballot package
is being mailed by first-class U.S. mail.
The eligible voters who must be notified
under this rule are those who received
the notice of the proposed suspension
under section 432(e)(9)(F) in electronic
form and those who regularly receive
plan-related electronic communications
from the plan sponsor.1 This
notification must be sent promptly after
the plan sponsor is informed of the
ballot distribution date. This
notification in electronic form ensures
that those eligible voters who ordinarily
expect to receive communications from
the plan sponsor in electronic form are
aware that a ballot package will arrive
via first-class U.S. mail. Under these
temporary regulations, this notification
is sent by the plan sponsor, rather than
a service provider, so that the
communication comes from a familiar
source, which would make it less likely
that the communication is delivered to
a ‘‘spam’’ or ‘‘junk’’ mail folder.
The plan sponsor will have
previously made reasonable efforts to
contact individuals whose mailed initial
notices were returned as undeliverable,
and the mailing addresses for the ballot
packages that are furnished by the plan
sponsor will reflect updates as a result
of those reasonable efforts. These
temporary regulations require the plan
sponsor to make similar reasonable
efforts to locate eligible voters after
being notified that their ballots were
returned as undeliverable.
Voting by Eligible Voters and Collection
and Tabulation of Votes
In accordance with section
432(e)(9)(H)(ii), these temporary
regulations require that the Treasury
Department (in consultation with the
PBGC and the Labor Department)
administer the participant vote no later
than 30 days following the date of
approval of an application for a
suspension of benefits. These temporary
regulations interpret the term
‘‘administer a vote’’ to mean that the
voting period must begin (but need not
end) within the 30-day timeframe. As a
result, these temporary regulations
require that ballot packages be
distributed no later than 30 days after
the application has been approved and
specify that the voting period begins on
the ballot distribution date. Although
the temporary regulations allow for
distribution of ballot packages up to 30
days following approval of an
application for suspension of benefits, it
is generally expected that ballot
1 The plan sponsor is also permitted to send this
notification to any other eligible voters for whom
the plan sponsor has an electronic mailing address.

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packages will be distributed well before
that deadline.
These temporary regulations specify
that the voting period generally will
remain open until the 30th day
following the date the Treasury
Department approves the application for
a suspension of benefits. However, the
voting period will not close earlier than
21 days after the ballot distribution date.
In addition, the Treasury Department (in
consultation with the PBGC and the
Labor Department) is permitted to
specify a later end to the voting period
in appropriate circumstances. For
example, an extension might be
appropriate if, near the end of the
original voting period, there are
significant technical difficulties with
respect to the collection of votes and
those technical difficulties are not
resolved in time to provide eligible
voters with sufficient time to cast their
votes.
These temporary regulations specify
that votes must be collected and
tabulated using an automated voting
system under which each eligible voter
must furnish a unique identifier in order
to cast a vote. Such a system will be
designed to record votes both
electronically (through a Web site) and
telephonically (through a toll-free
number that will accommodate a touchtone or interactive voice response). This
will permit any voter who lacks internet
access or, for any reason, is not
comfortable voting via a Web site, to
cast a vote using a toll-free number. It
is expected that the system will provide
reasonable support to facilitate eligible
voters’ use of the system’s electronic
and telephonic features. These
temporary regulations clarify that votes
are permitted to be cast using only these
methods and that responses returned by
any other means are invalid.
The temporary regulations do not
provide for the collection of votes using
paper ballots because casting votes
using a Web site or a telephonic system
will be convenient for participants and
will save time and money while
providing reliable results. Providing a
third voting option by also permitting
votes to be cast using paper ballots
would require additional time, in order
for ballots to be returned by mail and
authenticated and counted by hand.
Voting by marking and mailing back
paper ballots would also entail
significant additional costs to process
(such as employing additional
personnel for processing and providing
return postage and envelopes). The
temporary regulations therefore reflect
the conclusion that the most efficient
and fairest approach to implementing
the statutory provisions on

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Federal Register / Vol. 80, No. 170 / Wednesday, September 2, 2015 / Rules and Regulations
administration of the vote on an
approved suspension of benefits is to
provide eligible voters with sufficient
time to carefully consider the
information furnished to them before
casting their votes while seeking to
avoid unnecessary time and expense
processing those votes once they have
been cast. The automated methods of
voting, collecting, and tabulating votes
set forth in these temporary regulations
also have been used by pension plans
for other types of elections that involve
voting by plan participants (including
retirees).
Determination That a Majority of
Eligible Voters Has Voted to Reject the
Suspension
Within 7 days after the end of the
voting period, these temporary
regulations provide that the Treasury
Department (in consultation with the
PBGC and the Labor Department) will
either certify that a majority of all
eligible voters has voted to reject the
suspension or, if a majority of eligible
voters did not vote to reject the
suspension, issue a final authorization
to suspend. These temporary regulations
permit the Treasury Department (in
consultation with the PBGC and the
Labor Department) to establish
necessary policies and procedures to
facilitate the vote. These policies and
procedures may include, but are not
limited to, establishing a process for an
eligible voter to challenge the vote. It is
expected that the Treasury Department
will resolve any challenges before the
conclusion of the 7-day period
following the end of the voting period.

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Items Related to the Contents of the
Ballot
Under these temporary regulations,
the statement in opposition to the
proposed suspension that is compiled
from comments received on the
application will be prepared by the
Labor Department. Under these
temporary regulations, this statement in
opposition must be written in a manner
that is readily understandable to the
average plan participant. It is intended
that the statement in opposition will be
written in a manner to ensure parity
with the statement in support of the
suspension. If there are no comments in
opposition to the proposed suspension,
then the statement in opposition will
indicate that there were no such
comments.
These temporary regulations provide
that a model ballot may be published in
the form of a revenue procedure, notice,
or other guidance published in the
Internal Revenue Bulletin.

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Effective/Applicability Date
As with the previously published
temporary regulations, these regulations
apply on and after June 17, 2015, and
expire on June 15, 2018.
Special Analyses
Certain IRS regulations, including this
one, are exempt from the requirements
of Executive Order 12866, as
supplemented and reaffirmed by
Executive Order 13563. Therefore, a
regulatory impact assessment is not
required. It also has been determined
that section 553(b) of the Administrative
Procedure Act (5 U.S.C. chapter 5) does
not apply to these regulations. For the
applicability of the Regulatory
Flexibility Act (5 U.S.C. chapter 6)
please refer to the Special Analyses
section of the preamble to the crossreferenced notice of proposed
rulemaking published in the Proposed
Rules section in this issue of the Federal
Register. Pursuant to section 7805(f) of
the Code, these regulations have been
submitted to the Chief Counsel for
Advocacy of the Small Business
Administration for comment on their
impact on small business.
Contact Information
For general questions regarding these
temporary regulations, please contact
the Department of the Treasury MPRA
guidance information line at (202) 622–
1559 (not a toll-free number). For
information regarding a specific
application for a suspension of benefits,
please contact the Department of the
Treasury at (202) 622–1534 (not a tollfree number).
List of Subjects in 26 CFR Part 1
Income taxes, Reporting and
recordkeeping requirements.
Amendments to the Regulations
Accordingly, 26 CFR part 1 is
amended as follows:
PART 1—INCOME TAXES
Paragraph 1. The authority citation
for part 1 continues to read in part as
follows:

■

Authority: 26 U.S.C. 7805 * * *

Par. 2. Section 1.432(e)(9)-1T(h) is
amended by revising paragraph (h)(2)
and adding paragraphs (h)(3)(iv) and (v)
and (h)(7) and (8) to read as follows:

■

§ 1.432(e)(9)–1T Benefit suspensions for
multiemployer plans in critical and
declining status (temporary).

*

*
*
*
*
(h) * * *
(2) Participant vote—(i) In general.
The participant vote described in

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paragraph (h)(1)(i) of this section
requires completion of the following
steps—
(A) Distribution of the ballot package
described in paragraph (h)(2)(iii) of this
section to the eligible voters;
(B) Voting by eligible voters and
collection and tabulation of the votes, as
described in paragraph (h)(2)(iv) of this
section; and
(C) Determination of whether a
majority of the eligible voters has voted
to reject the suspension, as described in
paragraph (h)(2)(v) of this section.
(ii) Designation of service provider for
limited functions. The Secretary of the
Treasury is permitted to designate one
or more service providers to perform,
under the supervision of the Secretary,
any of the functions described in
paragraphs (h)(2)(i)(A) and (B) of this
section. If the Secretary designates a
service provider to perform these
functions then the service provider will
provide the Secretary with a written
report of the results of the vote,
including (as applicable)—
(A) The number of ballot packages
distributed to eligible voters;
(B) The number of eligible voters to
whom ballot packages have not been
provided (because the individuals could
not be located);
(C) The number of eligible voters who
voted (specifying the number of
affirmative votes and the number of
negative votes cast); and
(D) Any other information that the
Secretary requires.
(iii) Distribution of the ballot package
to the eligible voters—(A) Ballot
package. The ballot package distributed
to each eligible voter shall consist of—
(1) A ballot, approved under
paragraph (h)(3)(iii) of this section,
which contains the items described in
section 432(e)(9)(H)(iii) and paragraph
(h)(3)(i) of this section; and
(2) A unique identifier assigned to the
eligible voter for use in voting.
(B) Plan sponsor responsibilities—(1)
In general. This paragraph (h)(2)(iii)(B)
sets forth the responsibilities of the plan
sponsor with respect to the distribution
of the ballot package to the eligible
voters.
(2) Furnish information regarding
eligible voters. No later than 7 days
following the date the Secretary of the
Treasury has approved an application
for a suspension of benefits under
paragraph (g) of this section, the plan
sponsor must furnish the following—
(i) A list of all eligible voters;
(ii) For each eligible voter, the last
known mailing address (or, if the plan
sponsor has been unable to locate that
individual using the standards that
apply for purposes of paragraph (f)(1)(i)

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of this section, an indication that the
individual could not be located through
reasonable efforts);
(iii) Current electronic mailing
addresses for those eligible voters
identified in paragraph (h)(2)(iii)(B)(4)
of this section; and
(iv) The individualized estimates
provided to eligible voters as part of the
earlier notices described in section
432(e)(9)(F) (or, if an individualized
estimate is no longer accurate for an
eligible voter, a corrected version of that
estimate).
(3) Communicate with eligible voters.
In accordance with section
432(e)(9)(H)(iv) and paragraph (h)(1)(ii)
of this section, the plan sponsor is
responsible for communicating with
eligible voters, which includes—
(i) Notifying the eligible voters
described in paragraph (h)(2)(iii)(B)(4)
of this section that a ballot package is
being distributed by first-class U.S.
mail; and
(ii) Making reasonable efforts (using
the standards that apply for purposes of
paragraph (f)(1)(i) of this section) as
necessary to locate eligible voters for
whom the plan sponsor has received
notification that the mailed ballot
packages are returned as undeliverable
so that ballot packages can be sent to
those eligible voters.
(4) Eligible voters to receive electronic
notification. Those eligible voters whom
the plan sponsor must notify
electronically are—
(i) Eligible voters who previously
received the notice described in
paragraph (f) of this section in electronic
form (as permitted under paragraph
(f)(3)(ii) of this section), and
(ii) Any other eligible voters who
regularly receive plan-related
communications from the plan sponsor
in electronic form.
(5) Method of notifying certain eligible
voters. The notification described in
paragraph (h)(2)(iii)(B)(3)(i) of this
section for an eligible voter must be
made using the electronic form
normally used to send plan-related
communications to that voter (or the
form used to provide the notice in
paragraph (f) of this section, if different).
The plan sponsor must send this
notification promptly after being
informed of the ballot distribution date
(within the meaning of paragraph
(h)(2)(iii)(D) of this section) and the
notification must include the ballot
distribution date.
(6) Pay costs associated with
distribution. The plan sponsor is
responsible for paying all costs
associated with printing, assembling,
and distributing the ballot package,
including postage.

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(C) Required method of distributing
ballot package. Ballot packages must be
distributed to eligible voters by firstclass U.S. mail. A supplemental copy of
the mailed ballot package may also be
sent by an electronic communication to
an eligible voter who has consented to
receive electronic communications.
(D) Timing. Ballot packages will be
distributed to eligible voters no later
than 30 days after the Secretary of the
Treasury has approved an application
for a suspension of benefits under
paragraph (g) of this section. The date
on which the ballot packages are mailed
to the eligible voters is referred to as the
ballot distribution date.
(iv) Collection and tabulation of votes
cast by eligible voters—(A) Voting
period. The voting period begins on the
ballot distribution date. The voting
period generally remains open until the
30th day following the date the
Secretary of the Treasury has approved
an application for a suspension of
benefits under paragraph (g) of this
section. However, the voting period will
not close earlier than 21 days after the
ballot distribution date. In addition, the
Secretary (in consultation with the
PBGC and the Secretary of Labor) may
specify a later date to end the voting
period in appropriate circumstances.
(B) Required use of automated voting
system. Votes must be cast using an
automated voting system that meets the
requirements of paragraph (h)(2)(iv)(C)
of this section. Votes cast by any other
method are invalid.
(C) Automated voting system. An
automated voting system meets the
requirements of this paragraph
(h)(2)(iv)(C) only if the system—
(1) Collects votes cast by eligible
voters both electronically (through a
Web site) and telephonically (through a
toll-free number using a touch-tone or
interactive voice response); and
(2) Accepts only votes cast during the
voting period by an eligible voter who
provides the eligible voter’s unique
identifier described in paragraph
(h)(2)(iii)(A)(2) of this section.
(D) Policies and procedures. The
Secretary of the Treasury (in
consultation with the PBGC and the
Secretary of Labor) may establish such
policies and procedures as may be
necessary to facilitate the administration
of the vote under this paragraph (h)(2).
These policies and procedures may
include, but are not limited to,
establishing a process for an eligible
voter to challenge the vote.
(v) Determination of whether a
majority of the eligible voters has voted
to reject the suspension. Within 7
calendar days after the end of the voting
period, the Secretary of the Treasury (in

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consultation with the PBGC and the
Secretary of Labor) will—
(A) Certify that a majority of all
eligible voters has voted to reject the
suspension that was approved under
paragraph (g) of this section, or
(B) Issue a final authorization to
suspend as described in paragraph (h)(6)
of this section.
*
*
*
*
*
(3) * * *
(iv) Statement in opposition to the
proposed suspension. The statement in
opposition to the proposed suspension
that is prepared from comments
received on the application, as required
under section 432(e)(9)(H)(iii)(II), will
be compiled by the Secretary of Labor
and will be written in accordance with
the rules of paragraph (h)(3)(ii) of this
section. If no comments in opposition
are received, the statement in
opposition to the proposed suspension
will include a statement indicating that
there were no such comments.
(v) Model ballot. A model ballot may
be published in the form of a revenue
procedure, notice, or other guidance
published in the Internal Revenue
Bulletin.
*
*
*
*
*
(7) Effective/applicability date.
Paragraph (h)(2) and paragraphs
(h)(3)(iv) and (v) of this section apply on
and after June 17, 2015.
(8) Expiration date. The applicability
of paragraph (h)(2) and paragraphs
(h)(3)(iv) and (v) of this section expires
on June 15, 2018.
*
*
*
*
*
John M. Dalrymple,
Deputy Commissioner for Services and
Enforcement.
Approved: August 25, 2015.
Mark J. Mazur,
Assistant Secretary of the Treasury (Tax
Policy).
[FR Doc. 2015–21766 Filed 8–31–15; 11:15 am]
BILLING CODE 4830–01–P

DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[TD 9733]
RIN 1545–BJ49

United States Property Held by
Controlled Foreign Corporations in
Transactions Involving Partnerships;
Rents and Royalties Derived in the
Active Conduct of a Trade or Business
Internal Revenue Service (IRS),
Treasury.

AGENCY:

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02SER1