Submission of Information Collection for OMB Review; Comment Request; Payment of Premiums, 58181-58182 [2019-23690]

Download as PDF Federal Register / Vol. 84, No. 210 / Wednesday, October 30, 2019 / Notices ADR is requested, the provisions specified in Section IV shall be final upon termination of an ADR process that did not result in issuance of an Order. For the Nuclear Regulatory Commission. Scott A. Morris, Regional Administrator, NRC Region IV. Dated this 20th day of September 2019. Evaluation and Conclusion On March 8, 2019, the U.S. Nuclear Regulatory Commission (NRC) issued a Notice of Violation and Proposed Imposition of Civil Penalty (Notice) for a violation identified as the result of an investigation conducted by the NRC Office of Investigations (OI). Team Industrial Services, Inc., (Licensee) responded to the Notice on May 23, 2019. The Licensee did not dispute the violation but did dispute both the deliberateness associated with the violation and the significance of the violation. The NRC’s evaluation and conclusion regarding the Licensee’s request is documented below. Summary of the Licensee’s Request of Reevaluation of Deliberate Determination The Licensee stated an internal investigation determined that the violation was due to a human error made in completing the daily inspection process. The Licensee concluded that there was no intent to leave the device in an unlocked state prior to boarding the Navy vessel and there was no advantage to relocating the device in the partially unlocked condition. NRC Evaluation of the Licensee’s Request of Reevaluation of Deliberate Determination The Licensee stated that an internal investigation was conducted which did not conclude that there was any deliberateness associated with the violation. Title 10 of the Code of Federal Regulations (10 CFR) 30.10(c) states, in part, that deliberate misconduct by a person means an intentional act or omission that the person knows would cause a licensee to be in violation of a condition of a license issued by the Commission. Both the NRC OI investigation and the Licensee’s internal investigation indicated that the radiographers were trained on the operating and emergency procedures and were knowledgeable in the requirements, including the requirement to fully lock the exposure device prior to relocating to another physical location. The Licensee’s investigation determined that the violation was the VerDate Sep<11>2014 17:18 Oct 29, 2019 Jkt 250001 result of a human error made in the completion of the daily inspection process. However, the Licensee’s description of the internal investigation did not include any additional information to support its conclusion that was not previously evaluated in the investigation conducted by OI. The NRC’s position continues to be that the circumstances in this case support a willful violation. Based on the facts of this case and the testimony of the radiographers, the radiographers were: (1) Familiar with the Licensee’s operating and emergency procedures, (2) aware that the device was required to be locked when relocated to a new location, and (3) aware that the device was unlocked at the time they relocated the device. Further, OI interviewed the Team Industrial Radiation Safety Officer, who testified that immediately after the incident, the radiographers explained that they had unlocked the device in order to save time. Therefore, the NRC found sufficient evidence to conclude that the radiographers deliberately transported an exposure device in an unlocked configuration. Summary of the Licensee’s Request of Reevaluation of Significance The Licensee stated that the radiographic device has three independent locking mechanisms to prevent accidental movement or exposure of the source. The device has a tungsten shield which provides a shielding factor to reduce exposure from the source and provides an additional level of security because it prevents the source from projecting out of the device unless a guide tube is connected. The Licensee also indicated that its operating and emergency procedure is more restrictive than the regulation in 10 CFR 34.23(a), since it requires the device to be fully locked prior to movement to another location. Based on this, the Licensee concluded that the significance level of the violation should be reduced. The Licensee also stated that the violation was not significant because additional barriers were in place to prevent inadvertent exposure. The Licensee included additional information about the design of the radiographic device, including a description of the three locking mechanisms that prevent accidental movement or exposure of the source. The Licensee stated that even in the unlocked configuration which occurred during the violation, the source was secured and met the intent of 10 CFR 34.23(a). PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 58181 NRC Evaluation of the Licensee’s Request of Reevaluation of Significance The Licensee’s investigation did not provide any information that the NRC had not already considered as part of the enforcement process. The NRC Enforcement Policy Example 6.3.d.3 states, in part, that a failure to implement procedures including, but not limited to, recordkeeping, surveys, and inventories is a Severity Level IV violation. The NRC concluded that, absent deliberateness, based on the relatively short duration that the device was carried unlocked, the fact that the device was always under the direct surveillance and control of a radiographer, and the presence of the additional locking mechanisms, the significance of the Licensee failing to adequately implement the applicable section of its procedures should be characterized as a Severity Level IV violation. However, the NRC Enforcement Policy Section 2.2.1.d states that a violation may be considered more significant than the underlying noncompliance if it includes indications of willfulness. The NRC considers factors such as the position, training, experience level, and responsibilities of the individuals involved in the violation. In this instance, the NRC determined that the violation should be increased to a Severity Level III violation, due to the conclusion that it involved deliberate misconduct by the radiographers. Conclusion Based on its evaluation, the NRC has concluded that the violation occurred as stated and the Licensee did not provide an adequate basis to reduce the severity of the violation or modify the willful determination. [FR Doc. 2019–23713 Filed 10–29–19; 8:45 am] BILLING CODE 7590–01–P PENSION BENEFIT GUARANTY CORPORATION Submission of Information Collection for OMB Review; Comment Request; Payment of Premiums Pension Benefit Guaranty Corporation. ACTION: Notice of request for OMB approval of revised collection of information. AGENCY: The Pension Benefit Guaranty Corporation (PBGC) is requesting that the Office of Management and Budget (OMB) approve, under the Paperwork Reduction Act, a modified collection of SUMMARY: E:\FR\FM\30OCN1.SGM 30OCN1 58182 Federal Register / Vol. 84, No. 210 / Wednesday, October 30, 2019 / Notices information under its regulation on Payment of Premiums (OMB control number 1212–0009; expiring June 30, 2021). This notice informs the public of PBGC’s request and solicits public comment on the collection. DATES: Comments must be submitted by November 29, 2019. 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:// www.pbgc.gov/prac/laws-andregulation/federal-register-notices-openfor-comment. 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: Melissa Rifkin (rifkin.melissa@ pbgc.gov), Attorney, Regulatory Affairs Division, Office of the General Counsel, Pension Benefit Guaranty Corporation, 1200 K Street NW, Washington, DC 20005–4026; 202–229–6563. (TTY users may call the Federal relay service tollfree at 800–877–8339 and ask to be connected to 202–326–4400, extension 6563.) SUPPLEMENTARY INFORMATION: Section 4007 of title IV of the Employee Retirement Income Security Act of 1974 (ERISA) requires pension plans covered under title IV pension insurance programs to pay premiums to PBGC. All plans covered by title IV pay a flat-rate per-participant premium. An underfunded single-employer plan also pays a variable-rate premium based on the value of the plan’s unfunded vested benefits. Pursuant to section 4007, PBGC has issued its regulation on Payment of Premiums (29 CFR part 4007). Under § 4007.3 of the premium payment regulation, the plan administrator of each pension plan covered by title IV of ERISA is required to file a premium payment and information prescribed by PBGC for each premium payment year. Premium information is filed electronically using ‘‘My Plan Administration Account’’ (‘‘My PAA’’) VerDate Sep<11>2014 17:18 Oct 29, 2019 Jkt 250001 through PBGC’s website. Under § 4007.10 of the premium payment regulation, plan administrators are required to retain records about premiums and information submitted in premium filings. Premium filings report (i) the flat-rate premium and related data (all plans), (ii) the variable-rate premium and related data (single-employer plans), and (iii) additional data such as identifying information and miscellaneous planrelated or filing-related data (all plans). PBGC needs this information to identify the plans for which premiums are paid, to verify whether the amounts paid are correct, to help PBGC determine the magnitude of its exposure in the event of plan termination, to help track the creation of new plans and transfer of participants and assets and liabilities among plans, and to keep PBGC’s insured-plan inventory up to date. That information and the retained records are also needed for audit purposes. PBGC is modifying the 2020 filing and instructions to require that plans offering a lump sum window 1 separately report the number of participants in pay status who were offered and elected a lump sum in addition to the related current requirement with respect to participants not in pay status. This change reflects recent guidance issued by the Internal Revenue Service.2 In addition, PBGC is changing the reporting period for risk transfer activity (lump sum windows and annuity purchases). Rather than the period falling between 60 days before the prior filing and 60 days before the current filing, the reporting period will be the prior premium payment year. PBGC also is modifying the filing instructions for a plan that reports that a premium filing will be the last for the plan and checks the ‘‘cessation of covered status’’ box as the reason. Currently, such a plan must provide an explanation as to why they believe coverage has ceased and then PBGC typically contacts the plan to verify that coverage has ceased. PBGC is adding to the instructions that a plan that claims cessation of coverage status should complete a coverage determination request. PBGC also is updating the premium rates and making conforming, clarifying, and editorial changes to the premium filing instructions. 1 PBGC’s premium filing instructions define a lump sum window as a temporary opportunity to elect a lump sum in lieu of future annuity payments that is offered to individuals meeting specified criteria who would not otherwise be eligible to elect a lump sum. 2 See Notice 2019–18, 2019–13 I.R.B. 915. PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 On August 1, 2019, PBGC published in the Federal Register (at 84 FR 37694) a notice informing the public of its intent to request OMB approval for the revised information collection. PBGC did not receive any comments. The collection of information has been approved through June 30, 2021, by OMB under control number 1212– 0009. PBGC is requesting that OMB approve the revised collection of information for 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. PBGC estimates that it will receive 31,245 premium filings per year from 31,245 plan administrators under this collection of information. PBGC further estimates that the annual burden of this collection of information is 13,540 hours and $21,621,540. Issued in Washington, DC. Hilary Duke, Assistant General Counsel for Regulatory Affairs, Pension Benefit Guaranty Corporation. [FR Doc. 2019–23690 Filed 10–29–19; 8:45 am] BILLING CODE 7709–02–P POSTAL SERVICE Board of Governors; Sunshine Act Meeting Wednesday, November 13, 2019, at 10:30 a.m.; and Thursday, November 14, 2019, at 9:00 a.m. PLACE: Washington, DC, at U.S. Postal Service Headquarters, 475 L’Enfant Plaza SW, in the Benjamin Franklin Room. STATUS: Wednesday, November 13, 2019, at 10:30 a.m.—Closed. Thursday, November 14, 2019, at 9:00 a.m.—Open. MATTERS TO BE CONSIDERED: DATES AND TIMES: Wednesday, November 13, 2019, at 10:30 a.m. (Closed) 1. Strategic Issues. 2. Financial Matters. 3. Compensation and Personnel Matters. 4. Executive Session—Discussion of prior agenda items and Board governance. Thursday, November 14, 2019, at 9:00 a.m. (Open) 1. Remarks of the Chairman of the Board of Governors. 2. Remarks of the Postmaster General and CEO. 3. Approval of Minutes of Previous Meetings. E:\FR\FM\30OCN1.SGM 30OCN1

Agencies

[Federal Register Volume 84, Number 210 (Wednesday, October 30, 2019)]
[Notices]
[Pages 58181-58182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23690]


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PENSION BENEFIT GUARANTY CORPORATION


Submission of Information Collection for OMB Review; Comment 
Request; Payment of Premiums

AGENCY: Pension Benefit Guaranty Corporation.

ACTION: Notice of request for OMB approval of revised collection of 
information.

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

SUMMARY: The Pension Benefit Guaranty Corporation (PBGC) is requesting 
that the Office of Management and Budget (OMB) approve, under the 
Paperwork Reduction Act, a modified collection of

[[Page 58182]]

information under its regulation on Payment of Premiums (OMB control 
number 1212-0009; expiring June 30, 2021). This notice informs the 
public of PBGC's request and solicits public comment on the collection.

DATES: Comments must be submitted by November 29, 2019.

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://www.pbgc.gov/prac/laws-and-regulation/federal-register-notices-open-for-comment. 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: Melissa Rifkin 
([email protected]), Attorney, Regulatory Affairs Division, 
Office of the General Counsel, Pension Benefit Guaranty Corporation, 
1200 K Street NW, Washington, DC 20005-4026; 202-229-6563. (TTY users 
may call the Federal relay service toll-free at 800-877-8339 and ask to 
be connected to 202-326-4400, extension 6563.)

SUPPLEMENTARY INFORMATION: Section 4007 of title IV of the Employee 
Retirement Income Security Act of 1974 (ERISA) requires pension plans 
covered under title IV pension insurance programs to pay premiums to 
PBGC. All plans covered by title IV pay a flat-rate per-participant 
premium. An underfunded single-employer plan also pays a variable-rate 
premium based on the value of the plan's unfunded vested benefits.
    Pursuant to section 4007, PBGC has issued its regulation on Payment 
of Premiums (29 CFR part 4007). Under Sec.  4007.3 of the premium 
payment regulation, the plan administrator of each pension plan covered 
by title IV of ERISA is required to file a premium payment and 
information prescribed by PBGC for each premium payment year. Premium 
information is filed electronically using ``My Plan Administration 
Account'' (``My PAA'') through PBGC's website. Under Sec.  4007.10 of 
the premium payment regulation, plan administrators are required to 
retain records about premiums and information submitted in premium 
filings.
    Premium filings report (i) the flat-rate premium and related data 
(all plans), (ii) the variable-rate premium and related data (single-
employer plans), and (iii) additional data such as identifying 
information and miscellaneous plan-related or filing-related data (all 
plans). PBGC needs this information to identify the plans for which 
premiums are paid, to verify whether the amounts paid are correct, to 
help PBGC determine the magnitude of its exposure in the event of plan 
termination, to help track the creation of new plans and transfer of 
participants and assets and liabilities among plans, and to keep PBGC's 
insured-plan inventory up to date. That information and the retained 
records are also needed for audit purposes.
    PBGC is modifying the 2020 filing and instructions to require that 
plans offering a lump sum window \1\ separately report the number of 
participants in pay status who were offered and elected a lump sum in 
addition to the related current requirement with respect to 
participants not in pay status. This change reflects recent guidance 
issued by the Internal Revenue Service.\2\ In addition, PBGC is 
changing the reporting period for risk transfer activity (lump sum 
windows and annuity purchases). Rather than the period falling between 
60 days before the prior filing and 60 days before the current filing, 
the reporting period will be the prior premium payment year.
---------------------------------------------------------------------------

    \1\ PBGC's premium filing instructions define a lump sum window 
as a temporary opportunity to elect a lump sum in lieu of future 
annuity payments that is offered to individuals meeting specified 
criteria who would not otherwise be eligible to elect a lump sum.
    \2\ See Notice 2019-18, 2019-13 I.R.B. 915.
---------------------------------------------------------------------------

    PBGC also is modifying the filing instructions for a plan that 
reports that a premium filing will be the last for the plan and checks 
the ``cessation of covered status'' box as the reason. Currently, such 
a plan must provide an explanation as to why they believe coverage has 
ceased and then PBGC typically contacts the plan to verify that 
coverage has ceased. PBGC is adding to the instructions that a plan 
that claims cessation of coverage status should complete a coverage 
determination request.
    PBGC also is updating the premium rates and making conforming, 
clarifying, and editorial changes to the premium filing instructions.
    On August 1, 2019, PBGC published in the Federal Register (at 84 FR 
37694) a notice informing the public of its intent to request OMB 
approval for the revised information collection. PBGC did not receive 
any comments.
    The collection of information has been approved through June 30, 
2021, by OMB under control number 1212-0009. PBGC is requesting that 
OMB approve the revised collection of information for 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.
    PBGC estimates that it will receive 31,245 premium filings per year 
from 31,245 plan administrators under this collection of information. 
PBGC further estimates that the annual burden of this collection of 
information is 13,540 hours and $21,621,540.

    Issued in Washington, DC.
Hilary Duke,
Assistant General Counsel for Regulatory Affairs, Pension Benefit 
Guaranty Corporation.
[FR Doc. 2019-23690 Filed 10-29-19; 8:45 am]
BILLING CODE 7709-02-P