Proposed Submission of Information Collections for OMB Review; Comment Request; Reportable Events; Notice of Failure To Make Required Contributions, 59660-59661 [2019-24122]

Download as PDF 59660 Federal Register / Vol. 84, No. 214 / Tuesday, November 5, 2019 / Notices at: https://www.nrc.gov/public-involve/ public-meetings/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 Anne Silk, NRC Disability Program Specialist, at 301–287–0745, by videophone at 240–428–3217, or by email at Anne.Silk@nrc.gov. Determinations on requests for reasonable accommodation will be made on a case-by-case basis. Members of the public may request to receive this information electronically. If you would like to be added to the distribution, please contact the Nuclear Regulatory Commission, Office of the Secretary, Washington, DC 20555 (301– 415–1969), or by email at Tyesha.Bush@ nrc.gov. The NRC is holding the meetings under the authority of the Government in the Sunshine Act, 5 U.S.C. 552b. Dated at Rockville, Maryland, this 1st day of November 2019. For the Nuclear Regulatory Commission. Denise L. McGovern, Policy Coordinator, Office of the Secretary. [FR Doc. 2019–24208 Filed 11–1–19; 4:15 pm] BILLING CODE 7590–01–P PENSION BENEFIT GUARANTY CORPORATION Proposed 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 intention to request OMB approval of modifications to currently-approved information collections. AGENCY: The Pension Benefit Guaranty Corporation (PBGC) intends to request that the Office of Management and Budget (OMB) approve, under the Paperwork Reduction Act, 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 intent and solicits public comment on the collections of information. khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: Comments must be submitted on or before January 6, 2020. DATES: VerDate Sep<11>2014 16:34 Nov 04, 2019 Jkt 250001 Comments may be submitted by any of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the website instructions for submitting comments. • Email: paperwork.comments@ pbgc.gov. • Mail or Hand Delivery: Regulatory Affairs Division, Office of the General Counsel, Pension Benefit Guaranty Corporation, 1200 K Street NW, Washington, DC 20005–4026. All submissions received must include the agency’s name (Pension Benefit Guaranty Corporation, or PBGC) and refer to Reportable Events and Certain Other Notification Requirements. All comments received will be posted without change to PBGC’s website, https://www.pbgc.gov, including any personal information provided. 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; 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 reportable events regulation, forms, and instructions are available at https://www.pbgc.gov. FOR FURTHER INFORMATION CONTACT: Stephanie Cibinic, Deputy Assistant General Counsel for Regulatory Affairs (cibinic.stephanie@pbgc.gov; 202–229– 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 202–229–6352. 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 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. ADDRESSES: PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 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). Form 10 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). PBGC is proposing to modify the Form 10 for the ‘‘Failure to make required contributions’’ reportable event to provide that if payment was made to satisfy a missed contribution, the filer must submit documentation of that payment, e.g., a copy of the cancelled check or wire transfer, etc. Documentation is needed to give evidence that the missed contribution was made up and no risk to the plan remains before PBGC closes the event. OMB approval of this collection of information expires February 28, 2022. PBGC intends to request that OMB extend its approval for 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 estimates that it will receive 590 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 1,860 hours and $439,550. Form 200 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). E:\FR\FM\05NON1.SGM 05NON1 Federal Register / Vol. 84, No. 214 / Tuesday, November 5, 2019 / Notices khammond on DSKJM1Z7X2PROD with NOTICES 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). PBGC currently requires filers to report the due date of the required payment that triggered the notification to PBGC and to calculate the cumulative amount of unpaid balances. PBGC is proposing to modify the form to include a separate field showing the payment amount that triggered the notification in order to better track missed contributions and identify the amount by which liens associated with missed contributions must be updated. OMB has approved this collection of information under OMB control number 1212–0041, which expires February 28, 2022. PBGC intends to request that OMB extend its approval for 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 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. Method of Filing PBGC’s reportable events and certain other notification requirements regulation (29 CFR part 4043) provides that reportable event notices required under this part must be filed electronically in accordance with the instructions posted on PBGC’s website. Those instructions currently provide two options for electronic filing: • Using the 4043 module of PBGC’s efiling portal, or • Emailing a completed form and any required attachments to postevent.report@pbgc.gov. PBGC’s e-filing portal, which has been available since 2016, offers a secure application for submitting Form 200 and Form 10 and 10-Advance information. The e-filing portal allows filers to review filings and generate a list of omissions and inconsistencies prior to VerDate Sep<11>2014 16:34 Nov 04, 2019 Jkt 250001 submission to ensure completeness; save a partially completed filing; modify information any time prior to submission; pre-populate a filing with data from a previously submitted filing; route the filing as needed to facilitate ecertifications; and review prior filings submitted via the e-filing portal. PBGC is proposing to eliminate the email option for filings due after September 30, 2021. In other words, starting in October 2021, these filings would have to be submitted via PBGC’s e-filing portal. PBGC also intends to make other editorial changes to the forms and instructions in these collections. PBGC is soliciting public comments to— • solicit feedback on the anticipated impact of eliminating the email filing option; • 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. Stephanie Cibinic, Deputy Assistant General Counsel for Regulatory Affairs, Pension Benefit Guaranty Corporation. [FR Doc. 2019–24122 Filed 11–4–19; 8:45 am] BILLING CODE 7709–02–P POSTAL REGULATORY COMMISSION [Docket Nos. CP2019–111; MC2020–17 and CP2020–16; MC2020–18 and CP2020–17] New Postal Products 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, SUMMARY: PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 59661 invites public comment, and takes other administrative steps. DATES: Comments are due: November 7, 2019. 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. FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at 202–789–6820. SUPPLEMENTARY INFORMATION: Table of Contents I. Introduction II. Docketed Proceeding(s) I. Introduction The Commission gives notice that the Postal Service filed request(s) for the Commission to consider matters related to negotiated service agreement(s). The request(s) may propose the addition or removal of a negotiated service agreement from the market dominant or the competitive product list, or the modification of an existing product currently appearing on the market dominant or the competitive product list. Section II identifies the docket number(s) associated with each Postal Service request, the title of each Postal Service request, the request’s acceptance date, and the authority cited by the Postal Service for each request. For each request, the Commission appoints an officer of the Commission to represent the interests of the general public in the proceeding, pursuant to 39 U.S.C. 505 (Public Representative). Section II also establishes comment deadline(s) pertaining to each request. The public portions of the Postal Service’s request(s) can be accessed via the Commission’s website (https:// www.prc.gov). Non-public portions of the Postal Service’s request(s), if any, can be accessed through compliance with the requirements of 39 CFR 3007.301.1 The Commission invites comments on whether the Postal Service’s request(s) in the captioned docket(s) are consistent with the policies of title 39. For request(s) that the Postal Service states concern market dominant product(s), applicable statutory and regulatory requirements include 39 U.S.C. 3622, 39 1 See Docket No. RM2018–3, Order Adopting Final Rules Relating to Non-Public Information, June 27, 2018, Attachment A at 19–22 (Order No. 4679). E:\FR\FM\05NON1.SGM 05NON1

Agencies

[Federal Register Volume 84, Number 214 (Tuesday, November 5, 2019)]
[Notices]
[Pages 59660-59661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24122]


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PENSION BENEFIT GUARANTY CORPORATION


Proposed 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 intention to request OMB approval of modifications to 
currently-approved information collections.

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

SUMMARY: The Pension Benefit Guaranty Corporation (PBGC) intends to 
request that the Office of Management and Budget (OMB) approve, under 
the Paperwork Reduction Act, 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 intent and solicits public comment on the collections of 
information.

DATES: Comments must be submitted on or before January 6, 2020.

ADDRESSES: Comments may be submitted by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the website instructions for submitting comments.
     Email: [email protected].
     Mail or Hand Delivery: Regulatory Affairs Division, Office 
of the General Counsel, Pension Benefit Guaranty Corporation, 1200 K 
Street NW, Washington, DC 20005-4026.
    All submissions received must include the agency's name (Pension 
Benefit Guaranty Corporation, or PBGC) and refer to Reportable Events 
and Certain Other Notification Requirements. All comments received will 
be posted without change to PBGC's website, https://www.pbgc.gov, 
including any personal information provided.
    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; 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 reportable events regulation, forms, 
and instructions are available at https://www.pbgc.gov.

FOR FURTHER INFORMATION CONTACT: Stephanie Cibinic, Deputy Assistant 
General Counsel for Regulatory Affairs ([email protected]; 
202-229-6352), 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 202-229-6352.

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 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).

Form 10

    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). PBGC is 
proposing to modify the Form 10 for the ``Failure to make required 
contributions'' reportable event to provide that if payment was made to 
satisfy a missed contribution, the filer must submit documentation of 
that payment, e.g., a copy of the cancelled check or wire transfer, 
etc. Documentation is needed to give evidence that the missed 
contribution was made up and no risk to the plan remains before PBGC 
closes the event.
    OMB approval of this collection of information expires February 28, 
2022. PBGC intends to request that OMB extend its approval for 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 estimates that it will receive 590 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 1,860 hours and $439,550.

Form 200

    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).

[[Page 59661]]

    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). PBGC currently requires 
filers to report the due date of the required payment that triggered 
the notification to PBGC and to calculate the cumulative amount of 
unpaid balances. PBGC is proposing to modify the form to include a 
separate field showing the payment amount that triggered the 
notification in order to better track missed contributions and identify 
the amount by which liens associated with missed contributions must be 
updated.
    OMB has approved this collection of information under OMB control 
number 1212-0041, which expires February 28, 2022. PBGC intends to 
request that OMB extend its approval for 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 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.

Method of Filing

    PBGC's reportable events and certain other notification 
requirements regulation (29 CFR part 4043) provides that reportable 
event notices required under this part must be filed electronically in 
accordance with the instructions posted on PBGC's website. Those 
instructions currently provide two options for electronic filing:
     Using the 4043 module of PBGC's e-filing portal, or
     Emailing a completed form and any required attachments to 
[email protected].

PBGC's e-filing portal, which has been available since 2016, offers a 
secure application for submitting Form 200 and Form 10 and 10-Advance 
information. The e-filing portal allows filers to review filings and 
generate a list of omissions and inconsistencies prior to submission to 
ensure completeness; save a partially completed filing; modify 
information any time prior to submission; pre-populate a filing with 
data from a previously submitted filing; route the filing as needed to 
facilitate e-certifications; and review prior filings submitted via the 
e-filing portal. PBGC is proposing to eliminate the email option for 
filings due after September 30, 2021. In other words, starting in 
October 2021, these filings would have to be submitted via PBGC's e-
filing portal.
    PBGC also intends to make other editorial changes to the forms and 
instructions in these collections.
    PBGC is soliciting public comments to--
     solicit feedback on the anticipated impact of eliminating 
the email filing option;
     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.
Stephanie Cibinic,
Deputy Assistant General Counsel for Regulatory Affairs, Pension 
Benefit Guaranty Corporation.
[FR Doc. 2019-24122 Filed 11-4-19; 8:45 am]
BILLING CODE 7709-02-P
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