I.R.B. 251 and the accompanying Notice of Proposed Rule Making, are required to be completed by November 15, 2003.
The 2004 rule was withdrawn shortly thereafter because the rule making and the notice of proposed rule making failed to include additional technical advisory materials required by the proposed rule. However, the notice of public hearing (NOT 23110) relating to the technical advisory materials was provided as required by Section 11(d) of the FDI (31 U.S.C. 5311(d)).
Note. A “notice of proposed rule making” is not a “final rule” under the FDI. As such, the notice of proposed rule making does not constitute the authoritative rule but provides guidance to prepare and file a proposed rule for the time being.
In the case of a notice of potential rule making or notice of proposed rule making for an amendment and reprint of a final rule, the notice must be filed not later than 60 days after the effective date of the final rule. Notice of proposed rule making for an amendment to an amending final rule is also required to be filed within 60 days of the effective date of the final rule. However, when a new rule or a new amendment is issued after a notice of proposed rule making for an amendment and reprint of a new final rule, notice of proposed rule making must be filed within 45 days of the effective date of the new rule or the new amendment, whichever is later.
Public Notice of Proposed Rule Making
Determining the Form of Notice of Proposed Rule Making
As previously mentioned, the form of public notice of a proposed rule which permits filing the notice with the Office of Information Services (IS) is as follows:
Form A (Docket No. (EIN(A 127438)))
Form D (Docket No. (EIN(B 127438))
Form F, if requested by the agency
Form G (Docket No. (EIN(G 5160901))
Form H (Docket No. (EIN(H 3123013))
Form O, if requested by the public
Form P (Docket No.
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Cash Balance Conversion Plans Awaiting Technical Advice Announcement 2003 1 A notice of proposed rule making and notice of public hearing (REG 209500 86, 2003 2 I.R.B. 251) relating to age discrimination
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