Sunshine Federal Register Notice, 59376-59377 [05-20494]
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59376
Federal Register / Vol. 70, No. 196 / Wednesday, October 12, 2005 / Notices
position to licensed activities. In
discrimination cases where an adverse
action was initiated or approved by
mid-level management within the
organization but the specific manager
cannot be identified, the Severity Level
determination will consider the action
taken as though a specific individual
manager was identified. For example,
during the course of an otherwise
legitimate reduction in force, an
employee is subject to the layoff, at least
in part, due to engaging in a protected
activity. In this example, a panel of midlevel managers approves the list of
employees affected by the layoff,
including the employee wrongly laid
off, but no single mid-level manager is
specifically identified as responsible for
the adverse action. Therefore, Severity
Level consideration would be based, in
part, on mid-level management
involvement.
Potential site or organizational impact
is the negative impact on the work
environment that could occur if the
adverse action is conspicuous and
widely known to other employees. The
NRC recognizes that this would be the
most subjective of the proposed severity
level factors and that precise criteria
would likely be difficult to establish.
Therefore, the NRC anticipates that this
factor will only be used when the
adverse action is clearly widely-known.
Widely-known actions which could
affect the organization by affecting the
work environment for other employees
include, for example, those actions that
result in an individual being absent
from the workplace, as a result of a
termination, suspension, or relocation of
work space. Adverse actions involving
performance appraisals do not typically
result in an employee’s absence and
may not necessarily be known by other
employees. Therefore, actions related to
such things as performance appraisals
would not typically be considered
widely-known under this factor, unless
evidence suggests otherwise.
Although not specifically included as
a severity level factor in the proposed
revision, the NRC notes that the threat
of an adverse action is also considered
to constitute an adverse action because
the threat affects the terms and
conditions of employment, thereby
affecting the work environment. The
NRC recognizes, however, that the
threat of an adverse action does not
have the same consequences to an
individual as an actual tangible adverse
action. Under the proposed revision, a
SL II violation, for example, could be
appropriate, if a mid-level manager
threatened to terminate an employee
and the threat had widespread site or
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19:48 Oct 11, 2005
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organizational impact, i.e., was widelyknown among employees.
Accordingly, the proposed revision to
the NRC Enforcement Policy,
Supplement VII, reads as follows:
NRC Enforcement Policy
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Supplement VII—Miscellaneous Matters
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A. Severity Level I—Violations
Involving for Example
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4. Employee Discrimination in
violation of 10 CFR 50.7, or similar
regulations, by a senior corporate officer
or manager involving a significant
tangible adverse action (e.g., substantial
monetary action, such as termination or
job demotion).
B. Severity Level II—Violations
Involving for Example
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4. Employee Discrimination in
violation of 10 CFR 50.7, or similar
regulations where a tangible adverse
action (e.g., an actual, negative effect on
an employee, such as denial of training,
lower performance rating, or denial of a
small, routine annual pay increase) was
taken or approved by a senior manager;
or violations in which at least two of the
following factors apply:
(a) The adverse action was approved
by at least a mid-level manager (e.g., a
manager above a first-line supervisor) or
at a level within the organization
corresponding to a mid-level manager
(in those cases where the specific midlevel manager cannot be identified); or
(b) The adverse action was tangible
and significant (e.g., substantial
monetary action, such as termination or
job demotion); or
(c) The adverse action was widelyknown; or
(d) The adverse action was taken
because an employee came to the NRC
or other government agency with a
concern; or
(e) The licensee, contractor or
subcontractor’s management failed to
followup on a discrimination complaint
made by one of its own employees or
the licensee’s management failed to
followup on a discrimination complaint
made to the licensee by a contractor or
subcontractor employee.
A. Severity Level III—Violations
Involving for Example
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5. Employee Discrimination in
violation of 10 CFR 50.7, or similar
regulations where at least one of the
following factors apply:
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(a) The adverse action was approved
by at least a mid-level manager (e.g., a
manager above a first-line supervisor) or
at a level within the organization
corresponding to a mid-level manager
(in those cases where the specific midlevel manager cannot be identified); or
(b) The adverse action was tangible
(e.g., an actual, negative effect on an
employee, such as a denial of a small,
routine annual pay increase, denial of
training, or lower performance rating);
or
(c) The adverse action was widelyknown; or
(d) The adverse action was taken
because an employee came to the NRC
or other government agency with a
concern; or
(e) The licensee, contractor or
subcontractor’s management failed to
followup on a discrimination complaint
made by one of its own employees or
the licensee’s management failed to
followup on a discrimination complaint
made to the licensee by a contractor or
subcontractor employee.
D. Severity Level IV—Violations
Involving for Example
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7. Employee Discrimination in
violation of 10 CFR 50.7, or similar
regulations which, in itself, does not
warrant a Severity Level III
categorization.
Dated at Rockville, MD, this 27th day of
September, 2005.
For the Nuclear Regulatory Commission.
Michael R. Johnson,
Director, Office of Enforcement.
[FR Doc. E5–5578 Filed 10–11–05; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
Sunshine Federal Register Notice
Weeks of October 10, 17, 24, 31,
November 7, 14, 2005.
PLACE: Commissioners’ Conference
Room, 11555 Rockville Pike, Rockville,
Maryland.
STATUS: Public and Closed.
MATTERS TO BE CONSIDERED:
DATES:
Week of October 10, 2005
There are no meetings scheduled for
the Week of October 10, 2005.
Week of October 17, 2005—Tentative
Tuesday, October 18, 2005
9:30 a.m.—Briefing on
Decommissioning Activities and
Status (Public Meeting) (Contact: Dan
Gillen, 301–415–7295).
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12OCN1
Federal Register / Vol. 70, No. 196 / Wednesday, October 12, 2005 / Notices
This meeting will be webcast live at
the Web address—www.nrc.gov.
schedule electronically, please send an
electronic message to dkw@nrc.gov.
Week of October 24, 2005—Tentative
Dated: October 6, 2005.
Debra L. McCain,
Office of the Secretary.
[FR Doc. 05–20494 Filed 10–7–05; 10:10 am]
Wednesday, October 26, 2005
1:30 p.m.—Discussion of Security Issues
(Closed–Ex.1).
BILLING CODE 7590–01–M
Thursday, October 27, 2005
10 a.m.—Discussion of Security Issues
(Closed–Ex.1).
Week of October 31, 2005—Tentative
Tuesday, November 1, 2005
9:30 a.m.—Briefing on Implementation
of Davis-Besse Lessons Learned Task
Force (DBLLTF) Recommendations
(Public Meeting) (Contact: Brendan
Moroney, 301–415–3974).
This meeting will be webcast live at
the Web address—www.nrc.gov.
Week of November 7, 2005—Tentative
There are no meetings scheduled for
the Week of November 7, 2005.
Week of November 14, 2005—Tentative
There are no meetings scheduled for
the Week of November 14, 2005.
The schedule for Commission
meetings is subject to change on short
notice. To verify the status of meetings
call (recording)—(301) 415–1292.
Contact person for more information:
Michelle Schroll, (301) 415–1662.
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The NRC Commission Meeting
Schedule can be found on the Internet
at: www.nrc.gov/what-we-do/policymaking/schedule.html
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The NRC provides reasonable
accommodation to individuals with
disabilities where appropriate. If you
need a reasonable accommodation to
participate in these public meetings, or
need this meeting notice or the
transcript or other information from the
public meetings in another format (e.g.
braille, large print), please notify the
NRC’s Disability Program Coordinator,
August Spector, at 301–415–7080, TDD:
301–415–2100, or by e-mail at
aks@nrc.gov. Determinations on
requests for reasonable accommodation
will be made on a case-by-case basis.
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This notice is distributed by mail to
several hundred subscribers; if you no
longer wish to receive it, or would like
to be added to the distribution, please
contact the Office of the Secretary,
Washington, DC 20555 (301–415–1969).
In addition, distribution of this meeting
notice over the Internet system is
available. If you are interested in
receiving this Commission meeting
VerDate Aug<31>2005
19:48 Oct 11, 2005
Jkt 208001
PENSION BENEFIT GUARANTY
CORPORATION
Proposed Submission of Information
Collection for OMB Review; Comment
Request; Survey of Nonparticipating
Single Premium Group Annuity Rates
Pension Benefit Guaranty
Corporation.
ACTION: Notice of intention to request
extension of OMB approval.
AGENCY:
SUMMARY: The Pension Benefit Guaranty
Corporation (‘‘PBGC’’) intends to
request that the Office of Management
and Budget (‘‘OMB’’) extend approval,
under the Paperwork Reduction Act, of
a collection of information that is not
contained in a regulation (OMB control
number 1212–0030; expires January 31,
2006). This voluntary collection of
information is a quarterly survey of
insurance company rates for pricing
annuity contracts. The survey is
conducted by the American Council of
Life Insurers for the PBGC. This notice
informs the public of the PBGC’s intent
and solicits public comment on the
collection of information.
DATES: Comments should be submitted
by December 12, 2005.
ADDRESSES: Comments may be mailed
or delivered to the Legislative &
Regulatory Department Pension Benefit
Guaranty Corporation, 1200 K Street,
NW., Washington, DC 20005–4026.
Comments also may be submitted by email to paperwork.comments@pbgc.gov
or by fax to 202–326–4112. The PBGC
will make all comments available on its
Web site www.pbgc.gov.
Copies of the collection of
information may be obtained without
charge by writing to the PBGC’s
Communications and Public Affairs
Department at Suite 240 at the above
address or by visiting that office or
calling 202–326–4040 during normal
business hours. (TTY and TDD users
may call the Federal relay service tollfree at 1–800–877–8339 and ask to be
connected to 202–326–4040.)
FOR FURTHER INFORMATION CONTACT:
Thomas H. Gabriel, Attorney,
Legislative & Regulatory Department,
Pension Benefit Guaranty Corporation,
1200 K Street, NW., Washington, DC
20005–4026, 202–326–4024. (TTY and
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59377
TDD users may call the Federal relay
service toll-free at 1–800–877–8339 and
request connection to 202–326–4024).
SUPPLEMENTARY INFORMATION: The
Pension Benefit Guaranty Corporation’s
regulations prescribe actuarial valuation
methods and assumptions (including
interest rate assumptions) to be used in
determining the actuarial present value
of benefits under single-employer plans
that terminate (29 CFR Part 4044) and
under multiemployer plans that
undergo a mass withdrawal of
contributing employers (29 CFR Part
4281). Each month the PBGC publishes
the interest rates to be used under those
regulations for plans terminating or
undergoing mass withdrawal during the
next month.
The interest rates are intended to
reflect current conditions in the annuity
markets. To determine these interest
rates, the PBGC gathers pricing data
from insurance companies that are
providing annuity contracts to
terminating pension plans through a
quarterly ‘‘Survey of Nonparticipating
Single Premium Group Annuity Rates.’’
The survey is distributed by the
American Council of Life Insurers and
provides the PBGC with ‘‘blind’’ data
(i.e., is conducted in such a way that the
PBGC is unable to match responses with
the companies that submitted them).
The information from the survey is also
used by the PBGC in determining the
interest rates it uses to value benefits
payable to participants and beneficiaries
in PBGC-trusteed plans for purposes of
the PBGC’s financial statements.
The survey is directed at insurance
companies that have volunteered to
participate, most or all of which are
members of the American Council of
Life Insurers. The survey is conducted
quarterly and will be sent to
approximately 22 insurance companies.
Based on experience under the current
approval, the PBGC estimates that 11
insurance companies will complete and
return the survey. The PBGC further
estimates that the average annual
burden of this collection of information
is 41 hours and $110.
The collection of information under
the regulation has been approved by
OMB under control number 1212–0030
through January 31, 2006. The PBGC
intends to request that OMB extend its
approval for another three years. An
agency may not conduct or sponsor, and
a person is not required to respond to,
a collection of information unless it
displays a currently valid OMB control
number.
The PBGC is soliciting public
comments to—
• Evaluate whether the collection of
information is necessary for the proper
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Agencies
[Federal Register Volume 70, Number 196 (Wednesday, October 12, 2005)]
[Notices]
[Pages 59376-59377]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-20494]
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NUCLEAR REGULATORY COMMISSION
Sunshine Federal Register Notice
Dates: Weeks of October 10, 17, 24, 31, November 7, 14, 2005.
Place: Commissioners' Conference Room, 11555 Rockville Pike, Rockville,
Maryland.
Status: Public and Closed.
Matters to Be Considered:
Week of October 10, 2005
There are no meetings scheduled for the Week of October 10, 2005.
Week of October 17, 2005--Tentative
Tuesday, October 18, 2005
9:30 a.m.--Briefing on Decommissioning Activities and Status (Public
Meeting) (Contact: Dan Gillen, 301-415-7295).
[[Page 59377]]
This meeting will be webcast live at the Web address--www.nrc.gov.
Week of October 24, 2005--Tentative
Wednesday, October 26, 2005
1:30 p.m.--Discussion of Security Issues (Closed-Ex.1).
Thursday, October 27, 2005
10 a.m.--Discussion of Security Issues (Closed-Ex.1).
Week of October 31, 2005--Tentative
Tuesday, November 1, 2005
9:30 a.m.--Briefing on Implementation of Davis-Besse Lessons Learned
Task Force (DBLLTF) Recommendations (Public Meeting) (Contact: Brendan
Moroney, 301-415-3974).
This meeting will be webcast live at the Web address--www.nrc.gov.
Week of November 7, 2005--Tentative
There are no meetings scheduled for the Week of November 7, 2005.
Week of November 14, 2005--Tentative
There are no meetings scheduled for the Week of November 14, 2005.
The schedule for Commission meetings is subject to change on short
notice. To verify the status of meetings call (recording)--(301) 415-
1292. Contact person for more information: Michelle Schroll, (301) 415-
1662.
* * * * *
The NRC Commission Meeting Schedule can be found on the Internet
at: www.nrc.gov/what-we-do/policy-making/schedule.html
* * * * *
The NRC provides reasonable accommodation to individuals with
disabilities where appropriate. If you need a reasonable accommodation
to participate in these public meetings, or need this meeting notice or
the transcript or other information from the public meetings in another
format (e.g. braille, large print), please notify the NRC's Disability
Program Coordinator, August Spector, at 301-415-7080, TDD: 301-415-
2100, or by e-mail at aks@nrc.gov. Determinations on requests for
reasonable accommodation will be made on a case-by-case basis.
* * * * *
This notice is distributed by mail to several hundred subscribers;
if you no longer wish to receive it, or would like to be added to the
distribution, please contact the Office of the Secretary, Washington,
DC 20555 (301-415-1969). In addition, distribution of this meeting
notice over the Internet system is available. If you are interested in
receiving this Commission meeting schedule electronically, please send
an electronic message to dkw@nrc.gov.
Dated: October 6, 2005.
Debra L. McCain,
Office of the Secretary.
[FR Doc. 05-20494 Filed 10-7-05; 10:10 am]
BILLING CODE 7590-01-M