Submission of Information Collections for OMB Review; Comment Request; Reportable Events; Notice of Failure To Make Required Contributions, 7619-7620 [2012-3306]

Download as PDF Federal Register / Vol. 77, No. 29 / Monday, February 13, 2012 / Notices The entire meeting will be open to public attendance, with the exception of a portion that may be closed pursuant to 5 U.S.C. 552b(c)(2) and (6) to discuss organizational and personnel matters that relate solely to the internal personnel rules and practices of the ACRS, and information the release of which would constitute a clearly unwarranted invasion of personal privacy. The agenda for the subject meeting shall be as follows: erowe on DSK2VPTVN1PROD with NOTICES Wednesday, March 7, 2012—12 p.m. Until 1 p.m. The Subcommittee will discuss proposed ACRS activities and related matters. The Subcommittee will gather information, analyze relevant issues and facts, and formulate proposed positions and actions, as appropriate, for deliberation by the Full Committee. Members of the public desiring to provide oral statements and/or written comments should notify the Designated Federal Official (DFO), Antonio Dias (Telephone 301–415–6805 or Email: Antonio. Dias@nrc.gov) five days prior to the meeting, if possible, so that arrangements can be made. Thirty-five hard copies of each presentation or handout should be provided to the DFO thirty minutes before the meeting. In addition, one electronic copy of each presentation should be emailed to the DFO one day before the meeting. If an electronic copy cannot be provided within this timeframe, presenters should provide the DFO with a CD containing each presentation at least thirty minutes before the meeting. Electronic recordings will be permitted only during those portions of the meeting that are open to the public. Detailed procedures for the conduct of and participation in ACRS meetings were published in the Federal Register on October 17, 2011, (76 FR 64126– 64127). Information regarding changes to the agenda, whether the meeting has been canceled or rescheduled, and the time allotted to present oral statements can be obtained by contacting the identified DFO. Moreover, in view of the possibility that the schedule for ACRS meetings may be adjusted by the Chairman as necessary to facilitate the conduct of the meeting, persons planning to attend should check with the DFO if such rescheduling would result in a major inconvenience. If attending this meeting, please enter through the One White Flint North building, 11555 Rockville Pike, Rockville, MD. After registering with security, please contact Mr. Theron VerDate Mar<15>2010 14:46 Feb 10, 2012 Jkt 226001 Brown (240–888–9835) to be escorted to the meeting room. Dated: February 6, 2012. Cayetano Santos, Chief, Reactor Safety Branch, Advisory Committee on Reactor Safeguards. [FR Doc. 2012–3270 Filed 2–10–12; 8:45 am] BILLING CODE 7590–01–P PENSION BENEFIT GUARANTY CORPORATION Submission of Information Collections for OMB Review; Comment Request; Reportable Events; Notice of Failure To Make Required Contributions Pension Benefit Guaranty Corporation. ACTION: Notice of request for OMB approval. AGENCY: The Pension Benefit Guaranty Corporation (PBGC) is requesting that the Office of Management and Budget (OMB) extend approval, under the Paperwork Reduction Act, of two collections of information under PBGC’s regulation on Reportable Events and Certain Other Notification Requirements (OMB control numbers 1212–0013 and 1212–0041, expiring March 31, 2012). This notice informs the public of PBGC’s request and solicits public comment on the collections of information. SUMMARY: Comments must be submitted by March 14, 2012. ADDRESSES: Comments may be submitted by any of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the Web site instructions for submitting comments. • Email: paperwork.comments@pbgc.gov. • Fax: 202–326–4224. • Mail or Hand Delivery: Legislative and Regulatory Department, Pension Benefit Guaranty Corporation, 1200 K Street, NW., Washington, DC 20005– 4026. Comments received, including personal information provided, will be posted to www.pbgc.gov. Copies of the collections of information and comments may be obtained without charge by writing to Disclosure Division, Office of the General Counsel, Pension Benefit Guaranty Corporation, 1200 K Street NW., Washington, DC 20005–4026; visiting the Disclosure Division; faxing a request to 202–326–4042; or calling 202–326–4040 during normal business hours. (TTY/TDD users may call the Federal relay service toll-free at 1–800– DATES: PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 7619 877–8339 and ask to be connected to 202–326–4040.) The reportable events regulation, forms, and instructions are available at www.pbgc.gov. FOR FURTHER INFORMATION CONTACT: James Bloch, Program Analyst, Legislative and Policy Division, or Catherine B. Klion, Manager, Regulatory and Policy Division, Legislative and Regulatory Department, Pension Benefit Guaranty Corporation, 1200 K Street, NW., Washington, DC 20005–4026; 202– 326–4024. (TTY/TDD users may call the Federal relay service toll-free at 1–800– 877–8339 and ask to be connected to 202–326–4024.) SUPPLEMENTARY INFORMATION: On November 23, 2009, PBGC published (at 74 FR 61248) a proposed rule to amend the reportable events regulation to accommodate changes to the variablerate premium rules made pursuant to the Pension Protection Act of 2006 (PPA 2006). The rule also proposed to eliminate most automatic waivers and filing extensions, create two new reportable events based on provisions in PPA 2006, and make other changes to the reportable events regulation as well as conforming changes. Public comment on the proposed rule was directed primarily at the proposed elimination of the waivers and extensions and was generally negative. In response to the comments and in the spirit of Executive Order 13563 on Improving Regulation and Regulatory Review, PBGC plans to issue a new proposal that will more effectively target troubled plans and sponsors while reducing burden for those that are financially sound. PBGC is requesting OMB to extend approval of the existing information collections since current approval will expire in March 2012. Section 4043 of the Employee Retirement Income Security Act of 1974 (ERISA) requires plan administrators and plan sponsors to report certain plan and employer events to PBGC. The reporting requirements give PBGC notice of events that indicate plan or employer financial problems. PBGC uses the information provided in determining what, if any, action it needs to take. For example, PBGC might need to institute proceedings to terminate a plan (placing it in trusteeship) under section 4042 of ERISA to ensure the continued payment of benefits to plan participants and their beneficiaries or to prevent unreasonable increases in PBGC’s losses. Section 303(k) of ERISA and section 430(k) of the Internal Revenue Code of 1986 (Code) impose a lien in favor of an underfunded single-employer plan that is covered by the termination insurance E:\FR\FM\13FEN1.SGM 13FEN1 erowe on DSK2VPTVN1PROD with NOTICES 7620 Federal Register / Vol. 77, No. 29 / Monday, February 13, 2012 / Notices program under title IV of ERISA if (1) any person fails to make a contribution payment when due, and (2) the unpaid balance of that payment (including interest), when added to the aggregate unpaid balance of all preceding payments for which payment was not made when due (including interest), exceeds $1 million. (For this purpose, a plan is underfunded if its funding target attainment percentage is less than 100 percent.) The lien is upon all property and rights to property belonging to the person or persons that are liable for required contributions (i.e., a contributing sponsor and each member of the controlled group of which that contributing sponsor is a member). Only PBGC (or, at its direction, the plan’s contributing sponsor or a member of the same controlled group) may perfect and enforce this lien. ERISA and the Code require persons committing payment failures to notify PBGC within 10 days of the due date whenever there is a failure to make a required payment and the total of the unpaid balances (including interest) exceeds $1 million. The provisions of section 4043 of ERISA and of sections 303(k) of ERISA and 430(k) of the Code have been implemented in PBGC’s regulation on Reportable Events and Certain Other Notification Requirements (29 CFR part 4043). Subparts B and C of the regulation deal with reportable events, and subpart D deals with failures to make required contributions. PBGC has issued Forms 10 and 10– Advance and related instructions under subparts B and C (approved under OMB control number 1212–0013) and Form 200 and related instructions under subpart D (approved under OMB control number 1212–0041). OMB approval of both of these collections of information expires March 31, 2012. PBGC is requesting that OMB extend its approval for three years, with minor changes. 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. PBGC estimates that it will receive 1,030 reportable event notices per year under subparts B and C of the reportable events regulation using Forms 10 and 10–Advance and that the average annual burden of this collection of information is 5,400 hours and $822,000. PBGC estimates that it will receive 110 notices of failure to make required contributions per year under subpart D of the reportable events regulation using Form 200 and that the average annual burden of this collection of information is 670 hours and $102,000. VerDate Mar<15>2010 14:46 Feb 10, 2012 Jkt 226001 PBGC is soliciting public comments to— • Evaluate whether the proposed collections of information are necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency’s estimate of the burden of the proposed collections of information, including the validity of the methodologies and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; and • Minimize the burden of the collections of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Issued in Washington, DC, this 7th day of February, 2012. John H. Hanley, Director, Legislative and Regulatory Department, Pension Benefit Guaranty Corporation. [FR Doc. 2012–3306 Filed 2–10–12; 8:45 am] BILLING CODE 7709–01–P that are required to file documents electronically. Approximately 50 registrants file Form SE and it takes an estimated 0.10 hours per response for a total annual burden of 5 hours. Written comments are invited on: (a) Whether this proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) the accuracy of the agency’s estimate of the burden imposed by the collection of information; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Consideration will be given to comments and suggestions submitted in writing within 60 days of this publication. Please direct your written comments to Thomas Bayer, Director/Chief Information Officer, c/o Remi PavlikSimon, 6432 General Green Way, Alexandria, Virginia 22312; or send an email to: PRA_Mailbox@sec.gov. Dated: February 7, 2012. Kevin M. O’Neill, Deputy Secretary. [FR Doc. 2012–3220 Filed 2–10–12; 8:45 am] SECURITIES AND EXCHANGE COMMISSION Proposed Collection; Comment Request Upon Written Request, Copies Available From: Securities and Exchange Commission, Office of Investor Education and Advocacy, Washington, DC 20549–0213. Extension: Form SE., OMB Control No. 3235–0327, SEC File No. 270–289. Notice is hereby given that, pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange Commission (‘‘Commission’’) is soliciting comments on the collection of information summarized below. The Commission plans to submit this existing collection of information to the Office of Management and Budget for approval. Form SE (17 CFR 239.64) is used by registrants to file paper copies of exhibits, reports or other documents that would be difficult or impossible to submit electronically. The information contained in Form SE is used by the Commission to identify paper copies of exhibits. Form SE is filed by individuals, companies or other entities PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 3369; February 7, 2012; File No.: 801–71579] In the Matter of Gravity Capital Partners, LLC, 6400 S. Fiddlers Green Circle, Suite 1900, Greenwood Village, CO 80111; Notice of Intention To Cancel Registration Pursuant to Section 203(h) of the Investment Advisers Act of 1940 Notice is given that the Securities and Exchange Commission (the ‘‘Commission’’) intends to issue an order, pursuant to Section 203(h) of the Investment Advisers Act of 1940 (the ‘‘Act’’), cancelling the registration of Gravity Capital Partners, LLC, hereinafter referred to as the registrant. Section 203(h) provides, in pertinent part, that if the Commission finds that any person registered under Section 203, or who has pending an application for registration filed under that section, is no longer in existence, is not engaged in business as an investment adviser, or is prohibited from registering as an investment adviser under section 203A, E:\FR\FM\13FEN1.SGM 13FEN1

Agencies

[Federal Register Volume 77, Number 29 (Monday, February 13, 2012)]
[Notices]
[Pages 7619-7620]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-3306]


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PENSION BENEFIT GUARANTY CORPORATION


Submission of Information Collections for OMB Review; Comment 
Request; Reportable Events; Notice of Failure To Make Required 
Contributions

AGENCY: Pension Benefit Guaranty Corporation.

ACTION: Notice of request for OMB approval.

-----------------------------------------------------------------------

SUMMARY: The Pension Benefit Guaranty Corporation (PBGC) is requesting 
that the Office of Management and Budget (OMB) extend approval, under 
the Paperwork Reduction Act, of two collections of information under 
PBGC's regulation on Reportable Events and Certain Other Notification 
Requirements (OMB control numbers 1212-0013 and 1212-0041, expiring 
March 31, 2012). This notice informs the public of PBGC's request and 
solicits public comment on the collections of information.

DATES: Comments must be submitted by March 14, 2012.

ADDRESSES: Comments may be submitted by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the Web site instructions for submitting comments.
     Email: paperwork.comments@pbgc.gov.
     Fax: 202-326-4224.
     Mail or Hand Delivery: Legislative and Regulatory 
Department, Pension Benefit Guaranty Corporation, 1200 K Street, NW., 
Washington, DC 20005-4026. Comments received, including personal 
information provided, will be posted to www.pbgc.gov.
    Copies of the collections of information and comments may be 
obtained without charge by writing to Disclosure Division, Office of 
the General Counsel, Pension Benefit Guaranty Corporation, 1200 K 
Street NW., Washington, DC 20005-4026; visiting the Disclosure 
Division; faxing a request to 202-326-4042; or calling 202-326-4040 
during normal business hours. (TTY/TDD users may call the Federal relay 
service toll-free at 1-800-877-8339 and ask to be connected to 202-326-
4040.) The reportable events regulation, forms, and instructions are 
available at www.pbgc.gov.

FOR FURTHER INFORMATION CONTACT: James Bloch, Program Analyst, 
Legislative and Policy Division, or Catherine B. Klion, Manager, 
Regulatory and Policy Division, Legislative and Regulatory Department, 
Pension Benefit Guaranty Corporation, 1200 K Street, NW., Washington, 
DC 20005-4026; 202-326-4024. (TTY/TDD users may call the Federal relay 
service toll-free at 1-800-877-8339 and ask to be connected to 202-326-
4024.)

SUPPLEMENTARY INFORMATION: On November 23, 2009, PBGC published (at 74 
FR 61248) a proposed rule to amend the reportable events regulation to 
accommodate changes to the variable-rate premium rules made pursuant to 
the Pension Protection Act of 2006 (PPA 2006). The rule also proposed 
to eliminate most automatic waivers and filing extensions, create two 
new reportable events based on provisions in PPA 2006, and make other 
changes to the reportable events regulation as well as conforming 
changes. Public comment on the proposed rule was directed primarily at 
the proposed elimination of the waivers and extensions and was 
generally negative. In response to the comments and in the spirit of 
Executive Order 13563 on Improving Regulation and Regulatory Review, 
PBGC plans to issue a new proposal that will more effectively target 
troubled plans and sponsors while reducing burden for those that are 
financially sound. PBGC is requesting OMB to extend approval of the 
existing information collections since current approval will expire in 
March 2012.
    Section 4043 of the Employee Retirement Income Security Act of 1974 
(ERISA) requires plan administrators and plan sponsors to report 
certain plan and employer events to PBGC. The reporting requirements 
give PBGC notice of events that indicate plan or employer financial 
problems. PBGC uses the information provided in determining what, if 
any, action it needs to take. For example, PBGC might need to institute 
proceedings to terminate a plan (placing it in trusteeship) under 
section 4042 of ERISA to ensure the continued payment of benefits to 
plan participants and their beneficiaries or to prevent unreasonable 
increases in PBGC's losses.
    Section 303(k) of ERISA and section 430(k) of the Internal Revenue 
Code of 1986 (Code) impose a lien in favor of an underfunded single-
employer plan that is covered by the termination insurance

[[Page 7620]]

program under title IV of ERISA if (1) any person fails to make a 
contribution payment when due, and (2) the unpaid balance of that 
payment (including interest), when added to the aggregate unpaid 
balance of all preceding payments for which payment was not made when 
due (including interest), exceeds $1 million. (For this purpose, a plan 
is underfunded if its funding target attainment percentage is less than 
100 percent.) The lien is upon all property and rights to property 
belonging to the person or persons that are liable for required 
contributions (i.e., a contributing sponsor and each member of the 
controlled group of which that contributing sponsor is a member).
    Only PBGC (or, at its direction, the plan's contributing sponsor or 
a member of the same controlled group) may perfect and enforce this 
lien. ERISA and the Code require persons committing payment failures to 
notify PBGC within 10 days of the due date whenever there is a failure 
to make a required payment and the total of the unpaid balances 
(including interest) exceeds $1 million.
    The provisions of section 4043 of ERISA and of sections 303(k) of 
ERISA and 430(k) of the Code have been implemented in PBGC's regulation 
on Reportable Events and Certain Other Notification Requirements (29 
CFR part 4043). Subparts B and C of the regulation deal with reportable 
events, and subpart D deals with failures to make required 
contributions.
    PBGC has issued Forms 10 and 10-Advance and related instructions 
under subparts B and C (approved under OMB control number 1212-0013) 
and Form 200 and related instructions under subpart D (approved under 
OMB control number 1212-0041). OMB approval of both of these 
collections of information expires March 31, 2012. PBGC is requesting 
that OMB extend its approval for three years, with minor changes. 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.
    PBGC estimates that it will receive 1,030 reportable event notices 
per year under subparts B and C of the reportable events regulation 
using Forms 10 and 10-Advance and that the average annual burden of 
this collection of information is 5,400 hours and $822,000. PBGC 
estimates that it will receive 110 notices of failure to make required 
contributions per year under subpart D of the reportable events 
regulation using Form 200 and that the average annual burden of this 
collection of information is 670 hours and $102,000.
    PBGC is soliciting public comments to--
     Evaluate whether the proposed collections of information 
are necessary for the proper performance of the functions of the 
agency, including whether the information will have practical utility;
     Evaluate the accuracy of the agency's estimate of the 
burden of the proposed collections of information, including the 
validity of the methodologies and assumptions used;
     Enhance the quality, utility, and clarity of the 
information to be collected; and
     Minimize the burden of the collections of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g., permitting 
electronic submission of responses.

    Issued in Washington, DC, this 7th day of February, 2012.
John H. Hanley,
Director, Legislative and Regulatory Department, Pension Benefit 
Guaranty Corporation.
[FR Doc. 2012-3306 Filed 2-10-12; 8:45 am]
BILLING CODE 7709-01-P
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