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 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. Under §
4003.54, an appeal must: (1) be in writing; (2) be clearly
designated as an appeal; (3) specifically explain why PBGC’s
determination is wrong and the result the appellant is seeking; (4)
describe the relevant information the appellant believes is known
by PBGC, and summarize any other information the appellant believes
is relevant; (5) state whether the appellant desires to appear in
person or through a representative before the Appeals Board; and
(6) state whether the appellant desires to present witnesses to
testify before the Appeals Board, and if so, state why the presence
of witnesses will further the decision-making process. Under the
regulation, where the appellant believes that another person may be
aggrieved if PBGC grants the relief sought, the appeal must include
the name(s) and address(es) (if known) of such other
person(s).
The increase in hour burden is
due to an increase in the estimated time needed to file an appeal
and extension request. The increase in cost burden is due to the
rising estimates of hourly fees of professionals with the expertise
to prepare and file appeals and requests for extension. In
addition, PBGC is now combining the IC burden for Administrative
Appeals submitted by individuals and Administrative Appeals
submitted by employers into one IC, since both groups use the same
forms and must provide the same information.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.
Form 724 Administrative Appeals
4003 Supporting Statement 2022.08.docx
Administrative Appeals (Employers)