Federal Register / Vol. 64, No. 178 /Wednesday, September 15, 1999 / Notices 50119

in this manner are not subject to a civil

penalty.

As discussed above, although the

events noted by the Petitioners

constituted violations of the NRC’s

regulations and certain enforcement

actions were taken, a civil penalty was

not assessed on the licensee. This result

partially fulfills the Petitioners’ request

to take enforcement action against the

licensee. With regard to imposing a civil

penalty, the NRC Enforcement Policy

(NUREG–1600, Revision 1, Section VI.B)

states, ‘‘Civil penalties are used to

encourage prompt identification and

prompt and comprehensive correction

of violations, to emphasize compliance

in a manner that deters future

violations, and to serve to focus

licensees’ attention on violations of

significant regulatory concern.’’ Based

on numerous inspections, the NRC has

concluded that the licensee has taken

timely and comprehensive corrective

actions to improve its radiation

protection program, has achieved

adequate compliance in the time after

the events occurred, and has focused its

attention on maintaining adequate

radiological controls. An additional

civil penalty is unnecessary in light of

the improvement in the licensee’s

performance. Consequently, consistent

with the Enforcement Policy, discretion

was exercised to not impose civil

penalties for these violations. Therefore,

the request to take enforcement action

by means of a large civil penalty on CY

in response to the events noted in the

petition is granted in part, in that

enforcement action has been taken

against the licensee, and denied in part,

since no civil penalty was imposed.

IV. Decision

For the reasons stated above and in

Director’s Decision DD–97–19, issued

September 3, 1997, the petition is

granted in part and denied in part. The

decision and the documents cited in the

decision are available for public

inspection and copying in the

Commission’s Public Document Room,

the Gelman Building, 2210 L Street,

NW., Washington, DC.

In accordance with 10 CFR 2.206(c),

a copy of the decision will be filed with

the Secretary of the Commission for the

Commission’s review. As provided by

this regulation, the decision will

constitute the final action of the

Commission 25 days after issuance,

unless the Commission, on its own

motion, institutes a review of the

decision within that time.

Dated at Rockville, Maryland, this 9th day

of September 1999.

For The Nuclear Regulatory Commission.

Samuel J. Collins,

Director, Office of Nuclear Reactor

Regulation.

[FR Doc. 99–24059 Filed 9–14–99; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

Notice of Issuance of Revised NRC

Form 3, Notice to Employees

The Nuclear Regulatory Commission

has issued a revised NRC Form 3,

‘‘Notice to Employees’’, dated August

1999, effective September 15, 1999. The

form has been revised to include

information that the Occupational

Safety and Health Administration

(OSHA) promulgated in 29 part CFR 24.

The inclusion of this information into

NRC Form 3 and OSHA’s endorsement

of the form simplifies the existing

process in which interested parties were

advised to copy the 29 CFR part 24

notice from OSHA’s Internet website.

The notice will still be available on

OSHA’s Internet website. All licensees

will receive an administrative letter

explaining the revisions with a copy of

the revised form attached.

A copy of NRC Form 3 has been

placed in the NRC’s Public Document

Room in the Gelman Building, 2120 L

Street, NW (Lower Level), Washington,

DC 20037, for review and copying by

interested persons. A copy of the form

will be mailed to interested parties who

request the form from the NRC Forms

Manager, Beverly Martin, at (301) 415–

5877, by e-mail BAM1@NRC.gov, or by

mail at NRC—Washington, DC 20555,

Mail Stop T–4 E16.

Dated at Rockville, Maryland this 9th day

of September 1999.

For the Nuclear Regulatory Commission.

Edward T. Baker, III,

Agency Allegation Advisor, Office of the

Director, Office of Nuclear Reactor

Regulation.

[FR Doc. 99–24055 Filed 9–14–99; 8:45 am]

BILLING CODE 7590–01–P

PENSION BENEFIT GUARANTY

CORPORATION

Interest Assumption for Determining

Variable-Rate Premium; Interest

Assumptions for Multiemployer Plan

Valuations Following Mass Withdrawal

AGENCY: Pension Benefit Guaranty

Corporation.

ACTION: Notice of interest rates and

assumptions.

SUMMARY: This notice informs the public

of the interest rates and assumptions to

be used under certain Pension Benefit

Guaranty Corporation regulations. These

rates and assumptions are published

elsewhere (or are derivable from rates

published elsewhere), but are collected

and published in this notice for the

convenience of the public. Interest rates

are also published on the PBGC’s web

site (http://www.pbgc.gov).

DATES: The interest rate for determining

the variable-rate premium under part

4006 applies to premium payment years

beginning in September 1999. The

interest assumptions for performing

multiemployer plan valuations

following mass withdrawal under part

4281 apply to valuation dates occurring

in October 1999.

FOR FURTHER INFORMATION CONTACT:

Harold J. Ashner, Assistant General

Counsel, Office of the General Counsel,

Pension Benefit Guaranty Corporation,

1200 K Street, NW., Washington, DC

20005, 202–326–4024. (For TTY/TDD

users, call the Federal relay service tollfree at 1–800–877–8339 and ask to be

connected to 202–326–4024.)

SUPPLEMENTARY INFORMATION:

Variable-Rate Premiums

Section 4006(a)(3)(E)(iii)(II) of the

Employee Retirement Income Security

Act of 1974 (ERISA) and § 4006.4(b)(1)

of the PBGC’s regulation on Premium

Rates (29 CFR part 4006) prescribe use

of an assumed interest rate in

determining a single-employer plan’s

variable-rate premium. The rate is the

‘‘applicable percentage’’ (currently 85

percent) of the annual yield on 30-year

Treasury securities for the month

preceding the beginning of the plan year

for which premiums are being paid (the

‘‘premium payment year’’). The yield

figure is reported in Federal Reserve

Statistical Releases G.13 and H.15.

The assumed interest rate to be used

in determining variable-rate premiums

for premium payment years beginning

in September 1999 is 5.16 percent (i.e.,

85 percent of the 6.07 percent yield

figure for August 1999).

The following table lists the assumed

interest rates to be used in determining

variable-rate premiums for premium

payment years beginning between

October 1998 and September 1999.

For premium payment years

beginning in:

The assumed interest

rate is:

October 1998 ............................ 4.42

November 1998 ........................ 4.26

December 1998 ........................ 4.46
50120 Federal Register / Vol. 64, No. 178 /Wednesday, September 15, 1999 / Notices

For premium payment years

beginning in:

The assumed interest

rate is:

January 1999 ............................ 4.30

February 1999 .......................... 4.39

March 1999 ............................... 4.56

April 1999 ................................. 4.74

May 1999 .................................. 4.72

June 1999 ................................. 4.94

July 1999 .................................. 5.13

August 1999 ............................. 5.08

September 1999 ....................... 5.16

Multiemployer Plan Valuations

Following Mass Withdrawal

The PBGC’s regulation on Duties of

Plan Sponsor Following Mass

Withdrawal (29 CFR part 4281)

prescribes the use of interest

assumptions under the PBGC’s

regulation on Allocation of Assets in

Single-employer Plans (29 CFR part

4044). The interest assumptions

applicable to valuation dates in October

1999 under part 4044 are contained in

an amendment to part 4044 published

elsewhere in today’s Federal Register.

Tables showing the assumptions

applicable to prior periods are codified

in appendix B to 29 CFR part 4044.

Issued in Washington, DC, on this 7th day

of September, 1999.

David M. Strauss,

Executive Director, Pension Benefit Guaranty

Corporation.

[FR Doc. 99–23850 Filed 9–14–99; 8:45 am]

BILLING CODE 7708–01–P

SECURITIES AND EXCHANGE

COMMISSION

Request Under Review by Office of

Management and Budget

Upon Written Request, Copies Available

From: Securities and Exchange

Commission Office of Filings and

Information Services Washington, DC

20549

Extension:

Form N–17D–1, SEC File No. 270–231,

OMB Control No. 3235–0229

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) has submitted to the

Office of Management and Budget

(OMB) a request for extension and

approval of the collections of

information discussed below.

Section 17(d) [15 U.S.C. 80a–17(d)] of

the Investment Company Act of 1940

(the Act) authorizes the Commission to

adopt rules that protect companies and

their security holders from overreaching

by affiliated persons where the

investment company and the affiliated

person participate jointly or a jointly

and severally in a transaction. Rule

17d–1 under the Act [17 CFR 270.17d–

1] prohibits any such participation,

unless an application regarding the

transaction has been filed with and

approved by the Commission. The rule

provides an exemption from this

requirement for any loan or advance of

credit to, or acquisition of securities or

other property of, a small business

concern, or any agreement to do any of

the foregoing (investments) made by a

affiliated bank and a small business

investment company (SBIC), provided

that reports about the investments are

made on such forms as the Commission

may prescribe. For this purpose, Rule

17d–2 [17 CFR 270.17d–2] prescribes

Form N–17D–1.

Form N–17D–1 is used by SBICs and

their affiliated banks to report any

investments in a small business

concern. The form provides

shareholders and persons seeking to

make an informed decision about

investing in an SBIC an opportunity to

learn about transactions of the SBIC that

have a high potential for overreaching at

the expense of shareholders.

Form N–17D–1 requires SBICs to

report identifying information about the

small business concern and the

affiliated bank. SBICs must list, among

other things, the outstanding

investments in the small business

concern, the use of the proceeds of the

investments made during the reporting

period, any changes in the nature and

amount of the bank’s investment, the

name of any affiliated person of the

SBIC or the affiliated bank (or any

affiliated person of such person) who

has any interest in the transactions, the

basis of the affiliation, the nature of the

interest, and the consideration received

or to be received by the affiliate.

The Commission estimates that up to

5 SBICs may use the form annually. The

estimated burden of filling out the form

is approximately 5 hours per response

and would likely be completed by an

accountant or other professional. At

$114 per hour of time, completion of the

form will cost approximately $570 per

filer. The total annual hour burden

would be 25 hours with a total annual

cost of $2,850.

The estimate of average burden hours

is made solely for the purposes of the

Paperwork Reduction Act, and is not

derived from a comprehensive or even

a representative survey or study. An

agency may not conduct or sponsor, and

a person is not required to respond to,

a collection or information unless it

displays a currently valid OMB control

number.

General comments regarding the

above information should be directed to

the following persons: (i) Desk Officer

for the Securities and Exchange

Commission, Office of Information and

Regulatory Affairs, Office of

Management and Budget, New

Executive Office Building, Washington,

DC 20503, and (ii) Michael E. Bartell,

Associate Executive Director, Office of

Information Technology, Securities and

Exchange Commission, 450 Fifth Street,

NW., Washington, DC 20549. Comments

must be submitted to OMB within 30

days of this notice.

Dated: September 9, 1999.

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 99–23989 Filed 9–14–99; 8:45 am]

BILLING CODE 8010–01–M

SECURITIES AND EXCHANGE

COMMISSION

Requests Under Review by Office of

Management and Budget

Upon Written Request, Copies Available

From: Securities and Exchange

Commission, Office of Filings and

Information Services, Washington, DC

20549

Extension:

Rule 10a–1, SEC File No. 270–413, OMB

Control No. 3235–0475

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) has submitted to the

Office of Management and Budget a

request for approval of an extension of

a collection of information on the

following rule: 17 CFR 240.10a–1.

Rule 10a–1 (17 CFR 240.10a–1) under

the Securities Exchange Act of 1934

(Exchange Act) is designed to limit short

selling of a security in a declining

market, by requiring, in effect, that each

successive lower price be established by

a long seller. The price at which short

sales may be effected is established by

reference to the last sale price reported

in the consolidated system or on a

particular marketplace. Rule 10a–1

requires each broker or dealer that

effects any sell order for a security

registered on or admitted to unlisted

trading privileges on, a national

securities exchange to mark the relevant

order ticket either ‘‘long’’ or ‘‘short.’’

There are approximately 1,500

brokers and dealers registered with the

national securities exchanges. The

Commission has considered each of