83 FR 35031 - Proposed Submission of Information Collections for OMB Review; Comment Request; Reportable Events; Notice of Failure To Make Required Contributions

PENSION BENEFIT GUARANTY CORPORATION

Federal Register Volume 83, Issue 142 (July 24, 2018)

Page Range		35031-35032
FR Document		2018-15806

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 collections of information under PBGC's regulation on Reportable Events and Certain Other Notification Requirements (OMB control numbers 1212-0013 and 1212-0041, expiring November 30, 2018) with modifications. This notice solicits public comment.

Federal Register, Volume 83 Issue 142 (Tuesday, July 24, 2018)

[Federal Register Volume 83, Number 142 (Tuesday, July 24, 2018)]
[Notices]
[Pages 35031-35032]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15806]


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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 extension of OMB approval.

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

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 collections of information under 
PBGC's regulation on Reportable Events and Certain Other Notification 
Requirements (OMB control numbers 1212-0013 and 1212-0041, expiring 
November 30, 2018) with modifications. This notice solicits public 
comment.

DATES: Comments must be submitted by September 24, 2018 to be assured 
of consideration.

ADDRESSES: Comments may be submitted by any of the following methods:
     Federal eRulemaking Portal: http://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 the OMB control 
number(s) they relate to. All comments received will be posted without 
change to PBGC's website, http://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 http://www.pbgc.gov.

FOR FURTHER INFORMATION CONTACT: Stephanie Cibinic, Deputy Assistant 
General Counsel for Regulatory Affairs (cibinic.stephanie@pbgc.gov; 
202-326-4400 ext. 3839), or Deborah C. Murphy, Assistant General 
Counsel (murphy.deborah@pbgc.gov; 202-326-4400 ext. 3451 (leave voice 
message)), 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 and either of the above extensions.)

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). 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 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 1,770 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 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.
    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;

[[Page 35032]]

     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.

Stephanie Cibinic,
Deputy Assistant General Counsel for Regulatory Affairs, Pension 
Benefit Guaranty Corporation.
[FR Doc. 2018-15806 Filed 7-23-18; 8:45 am]
BILLING CODE 7709-02-P

Federal Register / Vol. 83, No. 142 / Tuesday, July 24, 2018 / Notices 35031

For the Nuclear Regulatory Commission. faxing a request to 202–326–4042; or burden of this collection of information
Paul B. Kallan, calling 202–326–4040 during normal is 1,770 hours and $439,500.
Acting Chief, Licensing Branch 4, Division business hours. (TTY users may call the Section 303(k) of the Employee
of Licensing, Siting, and Environmental Federal relay service toll-free at 1–800– Retirement Income Security Act of 1974
Analysis, Office of New Reactors. 877–8339 and ask to be connected to (ERISA) and section 430(k) of the
[FR Doc. 2018–15783 Filed 7–23–18; 8:45 am] 202–326–4040.) The reportable events Internal Revenue Code of 1986 (Code)
BILLING CODE 7590–01–P
regulation, forms, and instructions are impose a lien in favor of an
available at http://www.pbgc.gov. underfunded single-employer plan that
is covered by PBGC’s termination
FOR FURTHER INFORMATION CONTACT:
insurance program if (1) any person fails
PENSION BENEFIT GUARANTY Stephanie Cibinic, Deputy Assistant
to make a required payment when due,
CORPORATION General Counsel for Regulatory Affairs
and (2) the unpaid balance of that
(cibinic.stephanie@pbgc.gov; 202–326–
Proposed Submission of Information payment (including interest), when
4400 ext. 3839), or Deborah C. Murphy,
Collections for OMB Review; Comment added to the aggregate unpaid balance
Assistant General Counsel
Request; Reportable Events; Notice of of all preceding payments for which
(murphy.deborah@pbgc.gov; 202–326–
Failure To Make Required payment was not made when due
4400 ext. 3451 (leave voice message)), (including interest), exceeds $1 million.
Contributions Office of the General Counsel, Pension (For this purpose, a plan is underfunded
Benefit Guaranty Corporation, 1200 K if its funding target attainment
AGENCY: Pension Benefit Guaranty
Street NW, Washington, DC 20005– percentage is less than 100 percent.) The
Corporation.
4026. (TTY users may call the Federal lien is upon all property and rights to
ACTION: Notice of intention to request relay service toll-free at 1–800–877–
extension of OMB approval. property belonging to the person or
8339 and ask to be connected to 202– persons that are liable for required
SUMMARY: The Pension Benefit Guaranty 326–4400 and either of the above contributions (i.e., a contributing
Corporation (PBGC) intends to request extensions.) sponsor and each member of the
that the Office of Management and SUPPLEMENTARY INFORMATION: Section controlled group of which that
Budget (OMB) extend approval, under 4043 of the Employee Retirement contributing sponsor is a member).
the Paperwork Reduction Act, of Income Security Act of 1974 (ERISA) Only PBGC (or, at its direction, the
collections of information under PBGC’s requires plan administrators and plan plan’s contributing sponsor or a member
regulation on Reportable Events and sponsors to report certain plan and of the same controlled group) may
Certain Other Notification Requirements employer events to PBGC. The reporting perfect and enforce this lien. ERISA and
(OMB control numbers 1212–0013 and requirements give PBGC notice of events the Code require persons that fail to
1212–0041, expiring November 30, that indicate plan or employer financial make payments to notify PBGC within
2018) with modifications. This notice problems. PBGC uses the information 10 days of the due date whenever there
solicits public comment. provided in determining what, if any, is a failure to make a required payment
DATES: Comments must be submitted by action it needs to take. For example, and the total of the unpaid balances
September 24, 2018 to be assured of PBGC might need to institute (including interest) exceeds $1 million.
consideration. proceedings to terminate a plan (placing PBGC Form 200, Notice of Failure to
it in trusteeship) under section 4042 of Make Required Contributions, and
ADDRESSES: Comments may be related instructions implement the
submitted by any of the following ERISA to ensure the continued payment
of benefits to plan participants and their statutory notification requirement.
methods: Submission of Form 200 is required by
• Federal eRulemaking Portal: http:// beneficiaries or to prevent unreasonable
increases in PBGC’s losses. 29 CFR 4043.81 (Subpart D of PBGC’s
www.regulations.gov. Follow the regulation on Reportable Events and
website instructions for submitting The provisions of section 4043 of
ERISA have been implemented in Other Notification Requirements, 29
comments. CFR part 4043).
• Email: paperwork.comments@ PBGC’s regulation on Reportable Events
OMB has approved this collection of
pbgc.gov. and Certain Other Notification
information under OMB control number
• Mail or Hand Delivery: Regulatory Requirements (29 CFR part 4043).
1212–0041, which expires November
Affairs Division, Office of the General Subparts B and C of the regulation deal
30, 2018. PBGC intends to request that
Counsel, Pension Benefit Guaranty with reportable events.
OMB extend its approval for three years,
Corporation, 1200 K Street NW, PBGC has issued Forms 10 and 10- with modifications. An agency may not
Washington, DC 20005–4026. Advance and related instructions under conduct or sponsor, and a person is not
All submissions received must subparts B and C (approved under OMB required to respond to, a collection of
include the agency’s name (Pension control number 1212–0013). OMB information unless it displays a
Benefit Guaranty Corporation, or PBGC) approval of this collection of currently valid OMB control number.
and refer to the OMB control number(s) information expires November 30, 2018. PBGC estimates that it will receive
they relate to. All comments received PBGC intends to request that OMB 100 Form 200 filings per year and that
will be posted without change to extend its approval for three years, with the average annual burden of this
PBGC’s website, http://www.pbgc.gov, modifications. An agency may not collection of information is 100 hours
including any personal information conduct or sponsor, and a person is not and $72,500.
required to respond to, a collection of
jstallworth on DSKBBY8HB2PROD with NOTICES

provided. PBGC is soliciting public comments
Copies of the collections of information unless it displays a to—
information and comments may be currently valid OMB control number. • evaluate whether the proposed
obtained without charge by writing to PBGC estimates that it will receive collections of information are necessary
Disclosure Division, Office of the 590 reportable event notices per year for the proper performance of the
General Counsel, Pension Benefit under subparts B and C of the reportable functions of the agency, including
Guaranty Corporation, 1200 K Street events regulation using Forms 10 and whether the information will have
NW, Washington, DC 20005–4026; 10-Advance and that the average annual practical utility;

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35032 Federal Register / Vol. 83, No. 142 / Tuesday, July 24, 2018 / Notices

• evaluate the accuracy of the comment on new or revised data prescribed in 20 CFR 219.30 through
agency’s estimate of the burden of the collections, the Railroad Retirement 219.35. Section 2(e) of the RRA requires
proposed collections of information, Board (RRB) will publish periodic that an employee must relinquish all
including the validity of the summaries of proposed data collections. rights to any railroad employer service
methodologies and assumptions used; Comments are invited on: (a) Whether before a spouse annuity can be paid.
• enhance the quality, utility, and the proposed information collection is The RRB uses Form G–346,
clarity of the information to be necessary for the proper performance of Employee’s Certification, to obtain the
collected; and the functions of the agency, including information needed to determine
• minimize the burden of the whether the information has practical whether the employee’s current
collections of information on those who utility; (b) the accuracy of the RRB’s
are to respond, including through the marriage is valid. Form G–346 is
estimate of the burden of the collection
use of appropriate automated, completed by the retired employee who
of the information; (c) ways to enhance
electronic, mechanical, or other is the husband or wife of the applicant
the quality, utility, and clarity of the
technological collection techniques or for a spouse annuity. Completion is
information to be collected; and (d)
other forms of information technology, required to obtain a benefit. One
ways to minimize the burden related to
e.g., permitting electronic submission of response is requested of each
the collection of information on
responses. respondent. The RRB proposes no
respondents, including the use of
changes to Form G–346.
Stephanie Cibinic, automated collection techniques or
other forms of information technology. Form G–346sum, Employee
Deputy Assistant General Counsel for Certification Summary, which mirrors
Regulatory Affairs, Pension Benefit Guaranty
1. Title and purpose of information
Corporation. collection: Employee’s Certification; the information collected on Form G–
OMB 3220–0140. 346, is used when an employee, after
[FR Doc. 2018–15806 Filed 7–23–18; 8:45 am]
Section 2 of the Railroad Retirement being interviewed by an RRB field office
BILLING CODE 7709–02–P
Act (RRA), provides for the payment of representative, ‘‘signs’’ the form using
an annuity to the spouse or divorced an alternative signature method known
spouse of a retired railroad employee. as ‘‘attestation.’’ Attestation refers to the
RAILROAD RETIREMENT BOARD For the spouse or divorced spouse to action taken by the RRB field office
qualify for an annuity, the RRB must representative to confirm and annotate
Proposed Collection; Comment
determine if any of the employee’s the RRB’s records of the applicant’s
Request
current marriage to the applicant is affirmation under penalty of perjury that
SUMMARY: In accordance with the valid. the information provided is correct and
requirement of Section 3506 (c)(2)(A) of The requirements for obtaining the applicant’s agreement to sign the
the Paperwork Reduction Act of 1995 documentary evidence to determine form by proxy. The RRB proposes no
which provides opportunity for public valid marital relationships are changes to Form G–346sum.

ESTIMATE OF ANNUAL RESPONDENT BURDEN
Annual Time Burden
Form No. responses (min) (hrs)

G–346 .......................................................................................................................................... 4,220 5 352
G–346sum ................................................................................................................................... 2,100 5 175

Total ...................................................................................................................................... 6,320 ........................ 527

2. Title and purpose of information Railroad Unemployment Insurance Act employers. The RRB uses Form BA–9,
collection: Railroad Separation provides that a railroad employee who Report of Separation Allowance or
Allowance or Severance Pay Report; is paid a separation allowance is Severance Pay, to obtain information
OMB 3220–0173. disqualified for unemployment and from railroad employers concerning the
Section 6 of the Railroad Retirement sickness benefits for the period of time separation allowances and severance
Act provides for a lump-sum payment to the employee would have to work to payments made to railroad employees
an employee or the employee’s earn the amount of the allowance. The and/or the survivors of railroad
survivors equal to the Tier II taxes paid reporting requirements are specified in employees. Employers currently have
by the employee on a separation 20 CFR 209.14. the option of submitting their reports on
allowance or severance payment for In order to calculate and provide paper Form BA–9, (or in like format) on
which the employee did not receive payments, the Railroad Retirement a CD–ROM, or by File Transfer Protocol
credits toward retirement. The lump- Board (RRB) must collect and maintain (FTP), or Secure Email. Completion is
sum is not payable until retirement records of separation allowances and mandatory. One response is requested of
benefits begin to accrue or the employee severance payments which were subject each respondent. The RRB proposes no
dies. Also, Section 4(a–1) (iii) of the to Tier II taxation from railroad changes to Form BA–9.
jstallworth on DSKBBY8HB2PROD with NOTICES

ESTIMATE OF ANNUAL RESPONDENT BURDEN
Annual Time Burden
Form No. responses (minutes) (hours)

BA–9 (Paper) ............................................................................................................................... 100 76 127
BA–9 (CD–ROM) ......................................................................................................................... 40 76 51
BA–9 (Secure Email) ................................................................................................................... 60 76 76

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Document Created: 2018-07-24 00:10:26
Document Modified: 2018-07-24 00:10:26

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of intention to request extension of OMB approval.
Dates		Comments must be submitted by September 24, 2018 to be assured of consideration.
Contact		Stephanie Cibinic, Deputy Assistant General Counsel for Regulatory Affairs ([email protected]; 202-326-4400 ext. 3839), or Deborah C. Murphy, Assistant General Counsel ([email protected]; 202-326-4400 ext. 3451 (leave voice message)), 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 and either of the above extensions.)
FR Citation		83 FR 35031