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Federal Register / Vol. 72, No.

99 / Wednesday, May 23, 2007 / Rules and Regulations 28851

paragraph (b)(2) of this section will (2) A monthly PFC account statement Issued in Washington, DC, on May 14,
replace the level identified in paragraph delivered not later than the fifth day of 2007.
(a)(1) of this section. the following month. This monthly Marion C. Blakey,
statement must include: Administrator.
Subpart D—Report, Recordkeeping (i) The balance in the account on the [FR Doc. E7–9941 Filed 5–22–07; 8:45 am]
and Audits first day of the month, BILLING CODE 4910–13–P

■ 19. Amend § 158.63 by revising (ii) The total funds deposited during
paragraphs (a) and (c) to read as follows: the month,
(iii) The total funds disbursed during FEDERAL TRADE COMMISSION
§ 158.63 Reporting requirements: Public the month, and
agency. (iv) The closing balance in the 16 CFR Part 4
(a) The public agency must provide account.
quarterly reports to air carriers Access Requests From Foreign Law
■ 21. Amend § 158.67 by revising Enforcement Agencies for Consumer
collecting PFCs for the public agency paragraph (c)(2) to read as follows:
with a copy to the appropriate FAA Protection Materials
Airports Office. The quarterly report § 158.67 Recordkeeping and auditing: AGENCY: Federal Trade Commission.
must include: Public agency. ACTION: Final rule amendment.
(1) Actual PFC revenue received from * * * * *
collecting air carriers, interest earned, (c) * * * SUMMARY: The Federal Trade
and project expenditures for the quarter; (2) Conducted as part of an audit Commission is amending Rule 4.11 of
(2) Cumulative actual PFC revenue under Office of Management and Budget its Rules of Practice, which addresses
received, interest earned, project Circular A–133 (the Single Audit Act of disclosure requests, to add a new
expenditures, and the amount 1984, Pub. L. 98–502, and the Single provision, Rule 4.11(j). The new
committed for use on currently Audit Act Amendments of 1996, Pub. L. provision conforms the agency’s rules to
approved projects, including the 104–156) provided the auditor its authority to share confidential
quarter; information in non-antitrust matters
specifically addresses the PFC.
(3) The PFC level for each project; and with foreign law enforcers, with
(4) Each project’s current schedule. * * * * * appropriate confidentiality assurances
* * * * * and subject to certain restrictions, as
Subpart E—Termination
(c) For medium and large hub provided for under the recently-enacted
airports, the public agency must provide ■ 22. Revise § 158.81 to read as follows: U.S. SAFE WEB Act of 2006, Pub. L. No.
to the FAA, by July 1 of each year, an 109–455, 120 Stat. 3372 (2006). The
estimate of PFC revenue to be collected § 158.81 General. Commission is also amending Rules
for each airport in the following fiscal This subpart contains the procedures 4.10(d) and (e), which describe certain
year. for termination of PFCs or loss of materials subject to prohibitions on
■ 20. Revise § 158.65 to read as follows: Federal airport grant funds for disclosures and exceptions for specified
violations of this part or 49 U.S.C. circumstances, to cross-reference the
§ 158.65 Reporting requirements: 40117. This subpart does not address new Rule 4.11(j).
Collecting air carriers.
the circumstances under which the DATES: Effective Date: May 23, 2007.
(a) Each air carrier collecting PFCs for authority to collect PFCs may be FOR FURTHER INFORMATION CONTACT:
a public agency must provide quarterly terminated for violations of 49 U.S.C. Joannie T. Wei, Attorney, Office of the
reports to the public agency unless 47523 through 47528. General Counsel, Federal Trade
otherwise agreed by the collecting air Commission, 600 Pennsylvania Avenue,
carrier and public agency, providing an § 158.97 [Removed]
NW., Washington, DC 20580, (202) 326–
accounting of funds collected and funds ■ 23. Remove § 158.97. 2840, jwei@ftc.gov.
remitted.
■ 24. Amend appendix A to part 158 by SUPPLEMENTARY INFORMATION: The
(1) Unless otherwise agreed by the
revising paragraphs 10 and 12 of section Undertaking Spam, Spyware and Fraud
collecting air carrier and public agency,
B of this appendix to read as follows: Enforcement With Enforcers beyond
reports must state:
(i) The collecting air carrier and Borders Act of 2006 (U.S. SAFE WEB
Appendix A to Part 158—Assurances
airport involved, Act), Pub. L. No. 109–455, 120 Stat.
(ii) The total PFC revenue collected, * * * * * 3372 (2006), was enacted to enhance the
(iii) The total PFC revenue refunded * * * Federal Trade Commission’s
to passengers, 10. Recordkeeping and Audit. It will enforcement activities against a range of
(iv) The collected revenue withheld maintain an accounting record for audit practices that harm U.S. consumers,
for reimbursement of expenses under purposes for 3 years after physical and including illegal spam, spyware, cross-
§ 158.53, and financial completion of the project. All border fraud and deception, misleading
(v) The dates and amounts of each records must satisfy the requirements of 14 health and safety advertising, privacy
remittance for the quarter. CFR part 158 and contain documentary and security breaches, and other law
evidence for all items of project costs. violations. The practices the FTC
(2) The report must be filed by the last
day of the month following the calendar * * * * * enforces against are increasingly global
quarter or other period agreed by the 12. Compliance with 49 U.S.C. 47523 in nature, and the U.S. SAFE WEB Act
through 47528. It understands 49 U.S.C. improves the FTC’s ability to cooperate
collecting carrier and public agency for
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47524 and 47526 require that the authority to


which funds were collected. impose a PFC be terminated if the
with its foreign counterparts to combat
(b) A covered air carrier must provide Administrator determines the public agency such practices.
the FAA with: has failed to comply with those sections of Authority to share certain materials
(1) A copy of its quarterly report by the United States Code or with the with foreign law enforcement agencies.
the established schedule under implementing regulations published under Information sharing is one area in which
paragraph (a) of this section; and the Code. the U.S. SAFE WEB Act strengthens the

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28852 Federal Register / Vol. 72, No. 99 / Wednesday, May 23, 2007 / Rules and Regulations

Commission’s authority to cooperate institution, or Federal credit union, the Director or the Director’s designee will
with its foreign counterparts. Sections 4 material will not be disclosed unless the obtain any certification required by the
and 6 of the U.S. SAFE WEB Act amend appropriate Federal banking agency, or U.S. SAFE WEB Act from an
sections 6(f) and 21(b)(6) of the Federal the National Credit Union appropriate official of such foreign law
Trade Commission Act to allow the Administration in the case of a Federal enforcement agency. Rule 4.11(j)(3)
Commission to share certain credit union, has given its prior establishes the requirements for access
confidential and compelled information approval. 15 U.S.C. 57b–2(b)(6)(C). to such material in accordance with the
in its files with foreign law enforcement Further, section 6 of the U.S. SAFE U.S. SAFE WEB Act. The Director will
agencies.1 15 U.S.C. 46(f), 57b–2(b)(6). WEB Act does not permit disclosure to then, with approval of the Bureau of
These sections of the U.S. SAFE WEB foreign law enforcement agencies from Consumer Protection, forward the
Act do not provide authority for the foreign states that the Secretary of State requests to the General Counsel with
disclosure of material obtained in has determined, in accordance with recommendations for disposition. The
connection with the administration of section 6(j) of the Export Administration General Counsel or the General
the Federal antitrust laws or foreign Act of 1979, 50 U.S.C. App. 2405, have Counsel’s designee is delegated the
antitrust laws (as defined in paragraphs repeatedly provided support for acts of authority to dispose of the requests in
(5) and (7), respectively, of section 12 of international terrorism, unless and until accordance with the requirements of the
the International Antitrust Enforcement such determination has been rescinded U.S. SAFE WEB Act. Under Rule 4.11(j),
Assistance Act of 1994 (15 U.S.C. pursuant to section 6(j)(4) of that Act, 50 the General Counsel may refer such
6211)). 15 U.S.C. 57b–2(b)(6). U.S.C. App. 2405(j)(4). requests to the Commission for
The Commission’s disclosure Rule provisions. To implement this determination, and must do so when the
authority under the U.S. SAFE WEB Act new authority under the U.S. SAFE Bureau of Consumer Protection or the
is subject to appropriate limitations and WEB Act, the Commission’s Rules of Office of International Affairs do not
assurances. Under section 6 of the Practice have been amended to create a agree with the General Counsel’s
statute, the Commission must obtain new provision, Rule 4.11(j), that proposed disposition.
certification from an appropriate official delineates the internal procedure for The Commission has also amended
of the foreign law enforcement agency, handling requests from foreign law Rules 4.10(d) and (e) of its Rules of
either by prior agreement or enforcement agencies for nonpublic Practice, which describe materials that
memorandum of understanding or by material other than material subject to the Commission generally cannot make
other written certification, that such disclosure pursuant to other public at all or can make public only
material will be maintained in delegations. Rule 4.11(j) is not intended after finding the material is not
confidence and will only be used for to supersede existing Commission confidential and giving ten days’ notice
official law enforcement purposes. 15 delegations or to preclude additional to the submitter. These provisions also
U.S.C. 57b–2(b)(6). The foreign law future delegations, subject to any set forth exceptions to these restrictions,
enforcement agency must have set forth statutory constraints. including, inter alia, certain disclosures
a bona fide legal basis for its authority The new provision, Rule 4.11(j), to Federal and State law enforcement
to maintain the material in confidence. generally adopts the procedures of the agencies. Rules 4.10(d) and (e) have
In addition, the foreign law enforcement current Rule 4.11(c) (sharing been amended to include disclosure to
agency must be using the materials for confidential information with Federal foreign law enforcement agencies
purposes of investigating or engaging in and State law enforcement agencies), pursuant to the new Rule 4.11(j) as a
enforcement proceedings related to and incorporates the requirements and specifically stated exception.
possible violations of: (1) Foreign laws restrictions of the U.S. SAFE WEB Act. The amendments to Rules 4.10(d) and
prohibiting fraudulent or deceptive Under the new provision, requests for (e) and Rule 4.11(j)(3) will apply to all
practices or other practices substantially nonpublic records from foreign law material that is subject to the disclosure
similar to practices prohibited by any enforcement agencies will be addressed restrictions in sections 6(f) and 21(b) of
law administered by the Commission; to the Director of the Office of the FTC Act or in Rule 4.10(d) of the
(2) a law administered by the International Affairs or the Director’s Commission’s Rules of Practice, and
Commission if disclosure would further designee. For any material requested that was submitted to the Commission
a Commission investigation or that is subject to the disclosure on or after December 22, 2006, the date
proceeding; or (3) with the approval of restrictions in sections 6(f) 2 or 21(b) 3 of of enactment of the U.S. SAFE WEB Act.
the Attorney General, other foreign the FTC Act or Rule 4.10(d) of the Procedural matters. These
criminal laws that are encompassed in Commission’s Rules of Practice,4 the amendments adopted herein will
an applicable mutual legal assistance reconcile the Commission’s rules with
treaty. 15 U.S.C. 57b–2(b)(6)(A), 57b– 2 Section 6(f) of the FTC Act protects from public existing agency memoranda of
disclosure ‘‘any trade secret or any commercial or understanding (MOUs), under which
2(b)(6)(B). financial information which is obtained from any
If the materials to be provided to the person and which is privileged or confidential,’’ the Commission has an obligation to use
foreign law enforcement agency are except in certain specified circumstances. 15 U.S.C. its best efforts to share relevant
requested for the purpose of 46(f). consumer protection law enforcement
3 Section 21(b) of the FTC Act protects from
investigating or engaging in enforcement material requested by applicable foreign
public disclosure material received by the
proceedings based on possible Commission ‘‘pursuant to compulsory process in an
agencies to the extent consistent with
violations by a bank, savings and loan investigation, a purpose of which is to determine national laws, international obligations,
whether any person may have violated any enforcement policies and other
1 ‘‘Foreign law enforcement agency’’ means—(1) provision of the laws administered by the important interests. Under these MOUs,
any agency or judicial authority of a foreign Commission,’’ except in certain specified
circumstances. 15 U.S.C. 57b–2(b).
the Commission has the implied
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government, including a foreign state, a political


subdivision of a foreign state, or a multinational 4 In addition to the two categories listed above, obligation to implement any internal
organization constituted by and comprised of Rule 4.10(d) also protects from mandatory procedures required to allow the
foreign states, that is vested with law enforcement disclosure under the Freedom of Information Act, Commission to take into account all
or investigate authority in civil, criminal, or 5 U.S.C. 552, material submitted to the Commission
administrative matters; and (ii) any multinational voluntarily in lieu of compulsory process in a law
applicable laws, including the new U.S.
organization, to the extent that it is acting on behalf enforcement investigation and marked or otherwise SAFE WEB Act authority, in processing
of an entity described in paragraph (i). 15 U.S.C. 44. identified as confidential. 16 CFR 4.10(d). and considering applicable foreign

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Federal Register / Vol. 72, No. 99 / Wednesday, May 23, 2007 / Rules and Regulations 28853

agency requests for information. employee of the Commission or a (i) An appropriate official of the
Because failure to make the proposed consultant or contractor retained by the foreign law enforcement agency has
amendments would impair the Commission who has agreed in writing certified, either by prior agreement or
Commission’s ability to meet its foreign not to disclose the information. All memorandum of understanding or by
obligations, the amendments are other Commission records may be made other written certification, that such
exempt, by virtue of the foreign affairs available to a requester under the material will be maintained in
exemption to the Act, 5 U.S.C. 553(a)(1), procedures set forth in § 4.11 or may be confidence and will be used only for
from both the Administrative Procedure disclosed by the Commission except official law enforcement purposes; and
Act’s notice and comment requirement, where prohibited by law. (ii)(A) The foreign law enforcement
5 U.S.C. 553(b), and its restriction on (e) Except as provided in paragraphs agency has set forth a bona fide legal
the rules’ effective date, 5 U.S.C. 553(d). (f) or (g) of this section or in § 4.11(b), basis for its authority to maintain the
These amendments are also exempt (c), (d), (i), or (j), material not within the material in confidence;
from the notice and comment scope of § 4.10(a)(8) or § 4.10(a)(9) that (B) The materials are to be used for
requirement and effective date is received by the Commission and is purposes of investigating, or engaging in
restriction of the Commission’s Rules of marked or otherwise identified as enforcement proceedings related to,
Practice by virtue of the good cause confidential may be disclosed only if it possible violations of:
exceptions in Rules 1.26(b) and 1.26(e). is determined that the material is not (1) Foreign laws prohibiting
16 CFR 1.26(b), (e). In these within the scope of § 4.10(a)(2), and the fraudulent or deceptive commercial
circumstances, providing a period of submitter is provided at least ten days practices, or other practices
public comment would delay notice of the intent to disclose the substantially similar to practices
implementation of these rules and is material. prohibited by any law administered by
both unnecessary and contrary to the * * * * * the Commission;
public interest.5 (2) A law administered by the
■ 3. Amend § 4.11 by adding a new
Finally, these amendments are not a Commission, if disclosure of the
paragraph (j) to the end that reads as
collection of information for purposes of material would further a Commission
follows:
the Paperwork Reduction Act, 44 U.S.C. investigation or enforcement
3501 et seq., and are not subject to the § 4.11 Disclosure requests. proceeding; or
requirements of the Regulatory * * * * * (3) With the approval of the Attorney
Flexibility Act, 5 U.S.C. 601(2). (j)(1) The procedures specified in this General, other foreign criminal laws, if
section apply to disclosures of certain such foreign criminal laws are offenses
List of Subjects in 16 CFR Part 4 records to foreign law enforcement defined in or covered by a criminal
Administrative practice and agencies in specified circumstances in mutual legal assistance treaty in force
procedure, Freedom of Information Act, accordance with the U.S. SAFE WEB between the government of the United
Sunshine Act. Act of 2006. Nothing in this section States and the foreign law enforcement
■ For the reasons set forth in the authorizes the disclosure of material agency’s government;
preamble, the Federal Trade obtained in connection with the (C) The appropriate Federal banking
Commission amends Title 16, chapter I, administration of the Federal antitrust agency, (as defined in section 3(q) of the
subchapter A, of the Code of Federal laws or foreign antitrust laws, as defined Federal Deposit Insurance Act (12
Regulations as follows: in paragraph (j)(5)(i) of this section. U.S.C. 1813(q)) or, in the case of a
(2) Requests from foreign law Federal credit union, the National
Subchapter A—Organization, Procedures, enforcement agencies, as defined in Credit Union Administration has given
And Rules Of Practice its prior approval if the materials to be
paragraph (j)(5)(ii) of this section, for
nonpublic records shall be addressed to provided under paragraph (j)(3)(ii)(B) of
PART 4—MISCELLANEOUS RULES
the Director of the Office of this section are requested by the foreign
■ 1. The authority citation for part 4 International Affairs or the Director’s law enforcement agency for the purpose
continues to read as follows: designee, who shall forward them to the of investigating, or engaging in
Authority: 15 U.S.C. 46, unless otherwise General Counsel with recommendations enforcement proceedings based on,
noted. for disposition after obtaining any possible violations of law by a bank, a
required certification described in savings and loan institution described
■ 2. Amend § 4.10 by revising paragraph (j)(3) of this section and in section 18(f)(3) of the Federal Trade
paragraphs (d) and (e) to read as follows: approval of the Bureau of Consumer Commission Act (15 U.S.C. 57a(f)(3)), or
§ 4.10 Nonpublic material. Protection. With respect to requests a Federal credit union described in
under this paragraph, the General section 18(f)(4) of the Federal Trade
* * * * * Commission Act (15 U.S.C. 57a(f)(4));
Counsel or the General Counsel’s
(d) Except as provided in paragraphs
designee is delegated the authority to and
(f) or (g) of this section or in § 4.11(b), (D) The foreign law enforcement
dispose of them. Alternatively, the
(c), (d), (i), or (j), no material that is agency is not from a foreign state that
General Counsel may refer such requests
marked or otherwise identified as the Secretary of State has determined, in
to the Commission for determination,
confidential and that is within the scope accordance with section 6(j) of the
except that requests must be referred to
of § 4.10(a)(8), and no material within Export Administration Act of 1979 (50
the Commission for determination
the scope of § 4.10(a)(9) that is not U.S.C. App. 2405(j)), has repeatedly
where the Bureau of Consumer
otherwise public, will be made available Protection or the Office of International provided support for acts of
without the consent of the person who Affairs disagrees with the General international terrorism, unless and until
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produced the material, to any individual Counsel’s proposed disposition. such determination is rescinded
other than a duly authorized officer or (3) Access under this section to any pursuant to section 6(j)(4) of that Act (50
5 See Int’l Brotherhood of Teamsters v. Peña, 17
material subject to the disclosure U.S.C. App. 2405(j)(4)).
F. 3d 1478 (D.C. Cir. 1994) (applying APA foreign
restrictions in sections 6(f) or 21(b) of (4) A copy of the certificate described
affairs exemption and good cause exception of the FTC Act or § 4.10(d) may not be in paragraph (j)(3) of this section will be
agency rule). granted unless— forwarded to the submitter of the

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28854 Federal Register / Vol. 72, No. 99 / Wednesday, May 23, 2007 / Rules and Regulations

information at the time the request is Background paragraph (c)(1) of this section, any
granted unless the foreign law The final regulations that are the nontransferred benefits provided under
enforcement agency requests that the subject of this document are under plans maintained by the predecessor
submitter not be notified. sections 401(a), 401(a)(4), 401(a)(9), employer with respect to a participant
(5) For purposes of this section: 401(k), 402, 414(s), 415, 416, 457, and whose benefits have been transferred to
(i) ‘‘Federal antitrust laws’’ and 924 of the Internal Revenue Code. the transferee plan.
‘‘foreign antitrust laws’’ are to be * * * * *
interpreted as defined in paragraphs (5) Need for Correction ■ Par. 5. Section 1.457–5(d), Example 2,
and (7), respectively, of section 12 of the As published, final regulations (TD paragraphs (ii) and (iii) are amended by
International Antitrust Enforcement 9319) contain errors that may prove to revising the third sentence of (ii) and all
Assistance Act of 1994 (15 U.S.C. 6211); be misleading and are in need of of (iii) to read as follows:
and clarification.
(ii) ‘‘Foreign law enforcement agency’’ § 1.457–5 Individual limitation for
is defined as: List of Subjects in 26 CFR Part 1 combined annual deferrals under multiple
(A) Any agency or judicial authority eligible plans.
Income taxes, Reporting and
of a foreign government, including a recordkeeping requirements. * * * * *
foreign state, a political subdivision of (d) * * *
a foreign state, or a multinational Correction of Publication Example 2. * * *
organization constituted by and ■ Accordingly, 26 CFR part 1 is (ii) * * * Alternatively, Participant E
comprised of foreign states, that is corrected by making the following could instead elect to defer the following
vested with law enforcement or combination of amounts: An aggregate total
correcting amendments: of $15,000 to Plans X, Y, and Z, if no
investigative authority in civil, criminal,
contribution is made to Plan W; an aggregate
or administrative matters and PART 1—INCOME TAXES total of $20,000 to any of the four plans,
(B) Any multinational organization, to assuming at least $5,000 is contributed to
the extent that it is acting on behalf of ■ Paragraph 1. The authority citation
for part 1 continues to read as follows: Plan W; or $22,000 to Plan W and none to
an entity described in paragraph any of the other three plans.
(j)(5)(i)(A) of this section. Authority: 26 U.S.C. 7805 * * * (iii) * * * If the underutilized amount
By direction of the Commission. under Plans W, X, and Y for year 2006 were
■ Par. 2. Section 1.415(b)–1 is amended
in each case zero (because E had always
Donald S. Clark, by revising paragraph (c)(5)(i)(A), and contributed the maximum amount or E was
Secretary. the second sentence of paragraph (c)(6) a new participant) or an amount not in excess
[FR Doc. E7–9966 Filed 5–22–07; 8:45 am] Example 6, paragraph (iv). The revisions of $5,000, the maximum exclusion under this
BILLING CODE 6750–01–P read as follows: section would be $20,000 for Participant E
for year 2006 ($15,000 plus the $5,000 age 50
§ 1.415(b)–1 Limitations for defined benefit catch-up amount), which Participant E could
plans. contribute to any of the plans assuming at
DEPARTMENT OF THE TREASURY * * * * * least $5,000 is contributed to Plan W.
(c) * * *
Internal Revenue Service LaNita Van Dyke,
(5) * * *
(i) * * * Chief, Publications and Regulations Branch,
26 CFR Part 1 (A) The benefit is paid in a form to Legal Processing Division, Associate Chief
Counsel (Procedure and Administration).
[TD 9319] which section 417(e)(3) does not apply.
[FR Doc. E7–9877 Filed 5–22–07; 8:45 am]
RIN 1545–BD52 * * * * *
BILLING CODE 4830–01–P
(6) * * *
Limitations on Benefits and Example 6. * * *
Contributions Under Qualified Plans; (iv) * * * With respect to the single-sum
distribution, the annual amount of the DEPARTMENT OF THE TREASURY
Correction
actuarially equivalent straight life annuity
commencing at the same age determined Internal Revenue Service
AGENCY: Internal Revenue Service (IRS),
Treasury. using the plan’s actuarial factors is equal to
$45,000. * * * 26 CFR Part 1
ACTION: Correcting amendments.
* * * * * [TD 9319]
SUMMARY: This document contains ■ Par. 3. Section 1.415(d)–1 is amended RIN 1545–BD52
corrections to final regulations (TD by revising its heading to read as
9319) that were published in the follows: Limitations on Benefits and
Federal Register on Thursday, April 5, Contributions Under Qualified Plans;
2007 (72 FR 16878) regarding the § 1.415(d)–1 Cost-of-living adjustments.
Correction
limitations of section 415, including * * * * *
updates to the regulations for numerous ■ Par. 4. Section 1.415(f)–1 is amended AGENCY: Internal Revenue Service (IRS),
statutory changes since comprehensive by revising the last sentence of Treasury.
final regulations were last published paragraph (d)(1) to read as follows: ACTION: Correction to final regulations.
under section 415. § 1.415(f)–1 Aggregating plans. SUMMARY: This document contains a
DATES: These correcting amendments
* * * * * correction to final regulations (TD 9319)
are effective May 23, 2007.
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(d) * * * that were published in the Federal


FOR FURTHER INFORMATION CONTACT: (1) * * * Instead, the transferee plan Register on Thursday, April 5, 2007 (72
Vernon S. Carter at (202) 622–6060 or takes into account the transferred FR 16878) regarding the limitations of
Linda S. F. Marshall at (202) 622–6090 benefits that are actually provided section 415, including updates to the
(not toll-free numbers). under the transferee plan (see regulations for numerous statutory
SUPPLEMENTARY INFORMATION: § 1.415(b)–1(b)(3)(i)(C)) and, pursuant to changes since comprehensive final

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