PART 4042—SINGLE-EMPLOYER PLAN TERMINATION INITIATED BY PBGC Authority: 29 U.S.C. 1302(b)(3), 1342. Source: 73 FR 68338, Nov. 18, 2008, unless otherwise noted. Subpart A—General Provisions § 4042.1 Purpose and scope. This part sets forth rules and procedures relating to single-employer plan terminations initiated by PBGC under section 4042 of ERISA. § 4042.2 Definitions. The following terms used in this part are defined in § 4001.2 of this chapter: Affected party, ERISA, PBGC, plan administrator. § 4042.3 Issuance rules. PBGC applies the rules in subpart B of part 4000 of this chapter to determine permissible methods of issuance under this part. PBGC applies the rules in subpart C of part 4000 of this chapter to determine the date that an issuance under this part was provided. Subpart B [Reserved] Subpart C—Disclosure § 4042.4 Disclosure of information by plan administrator or plan sponsor. (a) Request for Information In general. (2) Requirements. (i) Be in writing to the plan administrator or plan sponsor; (ii) State the name of the plan and that the request is for information submitted to PBGC in connection with the plan termination; (iii) State the name of the person making the request for information and such person's relationship to the plan (e.g., plan participant), and that such relationship meets the definition of affected party under § 4001.2 of this chapter; and (iv) Be signed by the person making the request. (b) Response by Plan Administrator or Plan Sponsor Timing of response. (2) Supplemental responses. (3) Confidential information. (ii) A plan administrator or plan sponsor that has received a request under paragraph (a) of this section may seek a court order under which confidential information described in section 552(b) of title 5, United States Code— (A) Will be disclosed only to authorized representatives (within the meaning of section 4041(c)(2)(D)(iv) of ERISA) that agree, to ensure the confidentiality of such information, and (B) Will not be disclosed to other affected parties. (4) Reasonable fees. § 4042.5 Disclosure of administrative record by PBGC. (a) Request for Administrative Record In general. (2) Requirements. (i) Be in writing; (ii) State the name of the plan and that the request is for the administrative record with respect to a notice issued by PBGC under section 4042 of ERISA that a plan should be terminated; (iii) State the name of the person making the request, the person's relationship to the plan (e.g., plan participant), and that such relationship meets the definition of affected party under § 4001.2 of this chapter; and (iv) Be signed by the person making the request. (3) A request under paragraph (a) of this section must be sent to PBGC's Disclosure Officer at the address provided on PBGC's Web site. To expedite processing, the request should be prominently identified as an “Administrative Record Request.” (b) PBGC Response to Request for Administrative Record Notification of plan administrator and plan sponsor. (2) Confidential information. (ii) A plan administrator or plan sponsor that has received notification pursuant to paragraph (b)(1) of this section may seek a court order under which those portions of the administrative record that contain confidential information described in section 552(b) of title 5, United States Code— (A) Will be disclosed only to authorized representatives (within the meaning of section 4041(c)(2)(D)(iv) of ERISA) that agree to ensure the confidentiality of such information, and (B) Will not be disclosed to other affected parties. (iii) If, before the 15th business day (as defined in § 4000.22 of this chapter) after PBGC has received a request under paragraph (a), PBGC receives a court order as described in paragraph (b)(2)(ii) of this section, PBGC will disclose those portions of the administrative record that contain confidential information described in section 552(b) of title 5, United States Code, only as provided in the order. (3) Timing of response. (4) Form and manner.