Submission of Information Collections for OMB Review; Comment Request; Reportable Events; Notice of Failure To Make Required Contributions, 51713-51714 [2018-22229]
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Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices
applicants for ESP, DC and COL are
respectively required to document an
evaluation against applicable sections of
the SRP and describe differences in
specific information provided in the
SRP including measures given in the
SRP acceptance criteria. This
requirement effectively provides
applicants more current and
comprehensive information related to
detailed COL safety analysis report
technical content and methods or
approaches that the staff previously has
found acceptable for meeting NRC
requirements than what is available in
RG 1.206, Rev. 0.
The guidance in RG 1.206, Revision 1,
is divided into two parts: Section C.1
provides guidance for the organization,
content, and format of an application
under 10 CFR part 52; and Section C.2
contains information and guidance on a
number of application regulatory topics
related to the preparation, submittal,
acceptance, and review of applications.
The application regulatory topics
include updated guidance that will
allow the withdrawal of interim staff
guidance. The NRC staff withdraws the
following four documents:
• DC/COL–ISG–011, ‘‘Interim Staff
Guidance Finalizing Licensing Basis
Information’’ (ADAMS Accession No.
ML092890623),
• ESP/DC/COL–ISG–015, ‘‘Interim
Staff Guidance on Post Combined
License Commitments’’ (ADAMS
Accession No. ML091671355),
• COL/ESP–ISG–04, ‘‘Interim Staff
Guidance on the Definition of
Construction and on Limited Work
Authorizations’’ (ADAMS Accession
No. ML082970729), and
• DC/COL ISG–08, ‘‘Final Interim
Staff Guidance Necessary Content of
Plant-Specific Technical Specifications
When a Combined License is Issued’’
(ADAMS Accession No. ML083310259).
In September 2014, as part of its
periodic review of related guidance in
RG 1.70, Revision 3 (ADAMS Accession
No. ML14272A331), ‘‘Standard Format
and Content of Safety Analysis Reports
for Nuclear Power Plants (LWR),’’ the
staff recommended the withdrawal of
RG 1.70 once information relevant to the
licensing of nuclear power plants under
10 CFR part 50 is included in an update
to RG 1.206. RG 1.70 is used by the
operating fleet. As such, the NRC staff
will not withdraw RG 1.70 but if
information relevant to the licensing of
nuclear power plants under 10 CFR part
50 is included in a future update to RG
1.70 or another guidance document, the
staff may set a date beyond which RG
1.70 should no longer be referenced or
used as guidance for licensing actions.
The additional scope related to 10 CFR
VerDate Sep<11>2014
19:19 Oct 11, 2018
Jkt 247001
part 50 construction permits and
operating licenses is not included in the
current revision of RG 1.206 and RG
1.70 has not been withdrawn.
The technical application guidance
for a safety analysis report that was
previously included in RG 1.206,
Revision 0, is being updated to reflect
lessons learned and will be developed
into interim staff guidance (ISG), a
NUREG, or other knowledge
management document. The document
is expected to be useful to both
applicants and to staff working on
future updates to the SRP, however,
direct incorporation of applicant
guidance in the SRP is not expected.
II. Additional Information
The NRC published a notice of the
availability of DG–1325 in the Federal
Register on June 20, 2017, Volume 82,
page 28101, for a 90-day public
comment period. The public comment
period closed on September 18, 2017.
Public comments on DG–1325 and the
staff responses to the public comments
are available in ADAMS under
Accession No. ML18129A197.
III. Congressional Review Act
This RG is a rule as defined in the
Congressional Review Act (5 U.S.C.
801–808). However, the Office of
Management and Budget has not found
it to be a major rule as defined in the
Congressional Review Act.
IV. Backfitting and Issue Finality
RG 1.206, Revision 1, provides
guidance for applicants regarding the
format and content of applications for
new ESPs, DCs, and COLs under 10 CFR
part 52. Issuance of RG 1.206, Revision
1, does not constitute backfitting under
10 CFR part 50 and is not otherwise
inconsistent with the issue finality
provisions in 10 CFR part 52. As
discussed in the ‘‘Implementation’’
section of this RG, the NRC has no
current intention to impose the RG on
current holders of ESPs or COLs or a DC
applicant under 10 CFR part 52.
RG 1.206, Revision 1, can be applied
to applications for 10 CFR part 52 ESPs,
COLs, and DCs. Such action does not
constitute backfitting as defined in 10
CFR 50.109 (the Backfit Rule) and is not
otherwise inconsistent with the
applicable issue finality provision in 10
CFR part 52, inasmuch as such
applicants are not, with certain
exceptions, protected by either the
Backfit Rule or any issue finality
provisions under 10 CFR part 52. This
is because neither the Backfit Rule nor
the issue finality provisions under 10
CFR part 52, with certain exclusions
discussed below, were intended to
PO 00000
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51713
apply to every NRC action that
substantially changes the expectations
of current and future applicants. The
exceptions to the general principle are
applicable whenever an applicant
references a 10 CFR part 52 license (e.g.,
an early site permit), an NRC regulatory
approval (e.g., a design certification
rule), or both, with specified issue
finality provisions. The staff does not, at
this time, intend to impose the positions
represented in RG 1.206, Revision 1, in
a manner that is inconsistent with any
issue finality provisions. If, in the
future, the staff seeks to impose a
position in RG 1.206, Revision 1, in a
manner that does not provide issue
finality as described in the applicable
issue finality provision, then the staff
must address the criteria for avoiding
issue finality as described in the
applicable issue finality provision.
Dated at Rockville, Maryland, this 9th day
of October 2018.
For the Nuclear Regulatory Commission.
Jennivine K. Rankin,
Acting Chief, Licensing Branch 3, Division
of Licensing, Siting, and Environmental
Analysis, Office of New Reactors.
[FR Doc. 2018–22262 Filed 10–11–18; 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 extension
of 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 collections
of information under PBGC’s regulation
on Reportable Events and Certain Other
Notification Requirements with
modifications. This notice informs the
public of PBGC’s request and solicits
public comment on the collection.
DATES: Comments must be submitted by
November 13, 2018.
ADDRESSES: Comments should be sent to
the Office of Information and Regulatory
Affairs, Office of Management and
Budget, Attention: Desk Officer for
Pension Benefit Guaranty Corporation,
via electronic mail at OIRA_
submission@omb.eop.gov or by fax to
(202) 395–6974.
A copy of the request will be posted
on PBGC’s website at https://
SUMMARY:
E:\FR\FM\12OCN1.SGM
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khammond on DSK30JT082PROD with NOTICES
51714
Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices
www.pbgc.gov/prac/laws-andregulations/information-collectionsunder-omb-review. It may also be
obtained without charge by writing to
the Disclosure Division of the Office of
the General Counsel, 1200 K Street NW,
Washington, DC 20005–4026, faxing a
request to 202–326–4042, or calling
202–326–4040 during normal business
hours (TTY users may call the Federal
relay service toll-free at 1–800–877–
8339 and ask to be connected to 202–
326–4040). The Disclosure Division will
email, fax, or mail the information to
you, as you request.
FOR FURTHER INFORMATION CONTACT:
Stephanie Cibinic, Deputy Assistant
General Counsel for Regulatory Affairs
(cibinic.stephanie@pbgc.gov; 202–326–
4400, extension 6352), Office of the
General Counsel, Pension Benefit
Guaranty Corporation, 1200 K Street
NW, Washington, DC 20005–4026. TTY
users may call the Federal relay service
toll-free at 1–800–877–8339 and ask to
be connected to 202–326–4400,
extension 6352.
SUPPLEMENTARY INFORMATION: 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 may 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.
The provisions of section 4043 of
ERISA 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.
PBGC has issued Forms 10 and 10Advance and related instructions under
subparts B and C (approved under OMB
control number 1212–0013). OMB
approval of this collection of
information expires November 30, 2018.
PBGC is requesting that OMB extend its
approval for another three years, with
modifications. 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 is proposing in this renewal
request that all reportable events filings
include controlled group information,
VerDate Sep<11>2014
19:19 Oct 11, 2018
Jkt 247001
company financial statements, and the
plan’s actuarial valuation report.
Currently there are five reportable
events where some or all of that
information isn’t required. All three
types of information would be added to
two of these events (‘‘Active Participant
Reduction’’ and ‘‘Distribution to a
Substantial Owner’’). One type of
information would be added to two
events (‘‘Transfer of Benefit Liabilities’’
and ‘‘Change in Contributing Sponsor or
Controlled Group’’), and two types to
one event (‘‘Extraordinary Dividend or
Stock Redemption’’). These reporting
requirements give PBGC notice of events
that may indicate plan or employer
financial problems. The additional
information is needed to help PBGC
determine a sponsor’s ability to
continue to maintain a pension plan.
PBGC estimates that requiring this
information will add 30 minutes to
approximately 30 percent of the 568
reportable events notices it expects to
receive in a year under subpart B of the
reportable events regulation using Form
10 (out of approximately 590 that
includes notices under subpart C using
the Form 10-Advance). PBGC further
estimates that the total average annual
burden of this collection of information
is 1,855 hours and $439,500.
Section 303(k) of the Employee
Retirement Income Security Act of 1974
(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 PBGC’s termination
insurance program if (1) any person fails
to make a required 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 that fail to
make payments 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.
PO 00000
Frm 00055
Fmt 4703
Sfmt 4703
PBGC Form 200, Notice of Failure to
Make Required Contributions, and
related instructions implement the
statutory notification requirement.
Submission of Form 200 is required by
29 CFR 4043.81 (Subpart D of PBGC’s
regulation on Reportable Events and
Other Notification Requirements, 29
CFR part 4043).
OMB has approved this collection of
information under OMB control number
1212–0041, which expires November
30, 2018. PBGC is requesting that OMB
extend its approval for another three
years, with minor modifications. 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
100 Form 200 filings per year and that
the average annual burden of this
collection of information is 100 hours
and $72,500.
Issued in Washington, DC.
Stephanie Cibinic,
Deputy Assistant General Counsel for
Regulatory Affairs, Pension Benefit Guaranty
Corporation.
[FR Doc. 2018–22229 Filed 10–11–18; 8:45 am]
BILLING CODE 7709–02–P
POSTAL REGULATORY COMMISSION
[Docket Nos. MC2019–2 and CP2019–2]
New Postal Product
Postal Regulatory Commission.
Notice.
AGENCY:
ACTION:
The Commission is noticing a
recent Postal Service filing for the
Commission’s consideration concerning
negotiated service agreements. This
notice informs the public of the filing,
invites public comment, and takes other
administrative steps.
DATES: Comments are due: October 16,
2018.
ADDRESSES: Submit comments
electronically via the Commission’s
Filing Online system at https://
www.prc.gov. Those who cannot submit
comments electronically should contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section by
telephone for advice on filing
alternatives.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
David A. Trissell, General Counsel, at
202–789–6820.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
E:\FR\FM\12OCN1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 198 (Friday, October 12, 2018)]
[Notices]
[Pages 51713-51714]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22229]
=======================================================================
-----------------------------------------------------------------------
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 extension of 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 collections of information under PBGC's
regulation on Reportable Events and Certain Other Notification
Requirements with modifications. This notice informs the public of
PBGC's request and solicits public comment on the collection.
DATES: Comments must be submitted by November 13, 2018.
ADDRESSES: Comments should be sent to the Office of Information and
Regulatory Affairs, Office of Management and Budget, Attention: Desk
Officer for Pension Benefit Guaranty Corporation, via electronic mail
at [email protected] or by fax to (202) 395-6974.
A copy of the request will be posted on PBGC's website at https://
[[Page 51714]]
www.pbgc.gov/prac/laws-and-regulations/information-collections-under-
omb-review. It may also be obtained without charge by writing to the
Disclosure Division of the Office of the General Counsel, 1200 K Street
NW, Washington, DC 20005-4026, faxing a request to 202-326-4042, or
calling 202-326-4040 during normal business hours (TTY users may call
the Federal relay service toll-free at 1-800-877-8339 and ask to be
connected to 202-326-4040). The Disclosure Division will email, fax, or
mail the information to you, as you request.
FOR FURTHER INFORMATION CONTACT: Stephanie Cibinic, Deputy Assistant
General Counsel for Regulatory Affairs ([email protected];
202-326-4400, extension 6352), Office of the General Counsel, Pension
Benefit Guaranty Corporation, 1200 K Street NW, Washington, DC 20005-
4026. TTY users may call the Federal relay service toll-free at 1-800-
877-8339 and ask to be connected to 202-326-4400, extension 6352.
SUPPLEMENTARY INFORMATION: 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 may 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.
The provisions of section 4043 of ERISA 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.
PBGC has issued Forms 10 and 10-Advance and related instructions
under subparts B and C (approved under OMB control number 1212-0013).
OMB approval of this collection of information expires November 30,
2018. PBGC is requesting that OMB extend its approval for another three
years, with modifications. 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 is proposing in this renewal request that all reportable
events filings include controlled group information, company financial
statements, and the plan's actuarial valuation report. Currently there
are five reportable events where some or all of that information isn't
required. All three types of information would be added to two of these
events (``Active Participant Reduction'' and ``Distribution to a
Substantial Owner''). One type of information would be added to two
events (``Transfer of Benefit Liabilities'' and ``Change in
Contributing Sponsor or Controlled Group''), and two types to one event
(``Extraordinary Dividend or Stock Redemption''). These reporting
requirements give PBGC notice of events that may indicate plan or
employer financial problems. The additional information is needed to
help PBGC determine a sponsor's ability to continue to maintain a
pension plan.
PBGC estimates that requiring this information will add 30 minutes
to approximately 30 percent of the 568 reportable events notices it
expects to receive in a year under subpart B of the reportable events
regulation using Form 10 (out of approximately 590 that includes
notices under subpart C using the Form 10-Advance). PBGC further
estimates that the total average annual burden of this collection of
information is 1,855 hours and $439,500.
Section 303(k) of the Employee Retirement Income Security Act of
1974 (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 PBGC's termination insurance program if (1) any
person fails to make a required 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 that fail to make payments 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.
PBGC Form 200, Notice of Failure to Make Required Contributions,
and related instructions implement the statutory notification
requirement. Submission of Form 200 is required by 29 CFR 4043.81
(Subpart D of PBGC's regulation on Reportable Events and Other
Notification Requirements, 29 CFR part 4043).
OMB has approved this collection of information under OMB control
number 1212-0041, which expires November 30, 2018. PBGC is requesting
that OMB extend its approval for another three years, with minor
modifications. 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 100 Form 200 filings per year
and that the average annual burden of this collection of information is
100 hours and $72,500.
Issued in Washington, DC.
Stephanie Cibinic,
Deputy Assistant General Counsel for Regulatory Affairs, Pension
Benefit Guaranty Corporation.
[FR Doc. 2018-22229 Filed 10-11-18; 8:45 am]
BILLING CODE 7709-02-P
