Federal Register / Vol. 69, No. 206 / Tuesday, October 26, 2004 / Notices 62487

1 15 U.S.C. 78l(d).

2 17 CFR 240.12d2–2(d).

2. Civil Penalty Assessment 

d. Exercise of Discretion 

As provided in Section VII, ‘‘Exercise 

of Discretion,’’ discretion may be 

exercised by either escalating or 

mitigating the amount of the civil 

penalty determined after applying the 

civil penalty adjustment factors to 

ensure that the proposed civil penalty 

reflects all relevant circumstances of the 

particular case. However, in no instance 

will a civil penalty for any one violation 

exceed $130,000 per day. 

VII. Exercise of Discretion 

A. Escalation of Enforcement Sanctions 

The NRC considers violations 

categorized at Severity Level I, II, or III 

to be of significant regulatory concern. 

The NRC also considers violations 

associated with findings that the Reactor 

Oversight Process’s Significance 

Determination Process evaluates as 

having low to moderate, or greater safety 

significance (i.e., white, yellow, or red) 

to be of significant regulatory concern. 

If the application of the normal 

guidance in this policy does not result 

in an appropriate sanction, with the 

approval of the Deputy Executive 

Director and consultation with the EDO 

and Commission, as warranted, the NRC 

may apply its full enforcement authority 

where the action is warranted. NRC 

action may include: (1) escalating civil 

penalties; (2) issuing appropriate orders; 

and (3) assessing civil penalties for 

continuing violations on a per day basis, 

up to the statutory limit of $130,000 per 

violation, per day. 

3. Daily Civil Penalties 

In order to recognize the added 

significance for those cases where a very 

strong message is warranted for a 

significant violation that continues for 

more than one day, the NRC may 

exercise discretion and assess a separate 

violation and attendant civil penalty up 

to the statutory limit of $130,000 for 

each day the violation continues. The 

NRC may exercise this discretion if a 

licensee was aware of or clearly should 

have been aware of a violation, or if the 

licensee had an opportunity to identify 

and correct the violation but failed to do 

so.

Dated in Rockville, Maryland, this 6th day 

of October 2004.

For the Nuclear Regulatory Commission. 

Luis A. Reyes, 

Executive Director for Operations.

[FR Doc. 04–23900 Filed 10–25–04; 8:45 am] 

BILLING CODE 7590–01–P

PENSION BENEFIT GUARANTY 

CORPORATION 

Submission of Information Collection 

for OMB Review; Comment Request; 

Disclosure to Participants

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 a 

collection of information in its 

regulation on Disclosure to Participants 

(29 CFR part 4011) (OMB control 

number 1212–0050). This notice 

informs the public of the PBGC’s request 

and solicits public comment on the 

collection of information.

DATES: Comments should be submitted 

by November 26, 2004.

ADDRESSES: Comments should be 

mailed to the Office of Information and 

Regulatory Affairs of the Office of 

Management and Budget, Attention: 

Desk Officer for Pension Benefit 

Guaranty Corporation, Washington, DC 

20503. 

Copies of the request for extension 

(including the collection of information) 

may be obtained by writing to the 

PBGC’s Communications and Public 

Affairs Department, suite 240, 1200 K 

Street, NW., Washington, DC 20005–

4026, or by visiting that office or calling 

202–326–4040 during normal business 

hours. (TTY and TDD users may call the 

Federal relay service toll-free at 1–800–

877–8339 and ask to be connected to 

202–326–4040.) The regulation on 

Disclosure to Participants can be 

accessed on the PBGC’s Web site at 

http://www.pbgc.gov.

FOR FURTHER INFORMATION CONTACT:

Catherine B. Klion, Attorney, Office of 

the General Counsel, Pension Benefit 

Guaranty Corporation, 1200 K Street, 

NW., Washington, DC 20005–4026, 202–

326–4024. (For TTY and TDD, call 800–

877–8339 and request connection to 

202–326–4024).

SUPPLEMENTARY INFORMATION: Section 

4011 of the Employee Retirement 

Income Security Act of 1974 requires 

plan administrators of certain 

underfunded single-employer pension 

plans to provide an annual notice to 

plan participants and beneficiaries of 

the plan’s funding status and the limits 

on the PBGC’s guarantee. 

The PBGC’s regulation implementing 

this provision (29 CFR part 4011) 

prescribes which plans are subject to the 

notice requirement, who is entitled to 

receive the notice, and the time, form, 

and manner of issuance of the notice. 

The notice provides recipients with 

meaningful, understandable, and timely 

information that will help them become 

better informed about their plans and 

assist them in their financial planning. 

The collection of information under 

the regulation has been approved by 

OMB under control number 1212–0050 

(expires November 30, 2004). The PBGC 

is requesting that OMB extend its 

approval 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. 

The PBGC estimates that an average of 

3,917 plan administrators per year will 

respond to this collection of 

information. The PBGC further 

estimates that the average annual 

burden of this collection of information 

is 2.15 hours and $148 per plan 

administrator, with an average total 

annual burden of 8,428 hours and 

$579,425.

Issued in Washington, DC, this 20th day of 

October, 2004. 

Stuart A. Sirkin, 

Director, Corporate Policy and Research 

Department.

[FR Doc. 04–23937 Filed 10–25–04; 8:45 am] 

BILLING CODE 7708–01–P

SECURITIES AND EXCHANGE 

COMMISSION 

Issuer Delisting; Notice of Application 

of AmNet Mortgage, Inc., To Withdraw 

Its Common Stock, $.01 Par Value, 

From Listing and Registration on the 

American Stock Exchange LLC File No. 

1–13485

October 20, 2004. 

On September 23, 2004, AmNet 

Mortgage, Inc., a Maryland corporation 

(‘‘Issuer’’) filed an application with the 

Securities and Exchange Commission 

(‘‘Commission’’), pursuant to section 

12(d) of the Securities Exchange Act of 

1934 (‘‘Act’’) 1 and Rule 12d2–2(d) 

thereunder,2 to withdraw its common 

stock, $.01 par value (‘‘Security’’), from 

listing and registration on the American 

Stock Exchange LLC (‘‘Amex’’ or 

‘‘Exchange’’).

The Board of Directors (‘‘Board’’) of 

the Issuer approved resolutions on 

January 22, 2004, to withdraw the 

Security from listing and registration on 

the Amex and to list the Security on the 

Nasdaq National Market System