27666 Federal Register / Vol. 87, No. 89 / Monday, May 9, 2022 / Notices 

collection, and any testing procedures 

that were or will be undertaken prior to 

fielding the study. Depending on the 

degree of influence the results are likely 

to have, such collections may still be 

eligible for submission for other generic 

mechanisms that are designed to yield 

quantitative results. 

III. Specific Requests for Comments 

The NRC is seeking comments that 

address the following questions: 

1. Is the proposed collection of 

information necessary for the NRC to 

properly perform its functions? Does the 

information have practical utility? 

2. Is the estimate of the burden of the 

information collection accurate? 

3. Is there a way to enhance the 

quality, utility, and clarity of the 

information to be collected? 

4. How can the burden of the 

information collection on respondents 

be minimized, including the use of 

automated collection techniques or 

other forms of information technology? 

Dated: May 4, 2022. 

For the Nuclear Regulatory Commission. 

David C. Cullison, 

NRC Clearance Officer, Office of the Chief 

Information Officer. 

[FR Doc. 2022–09872 Filed 5–6–22; 8:45 am] 

BILLING CODE 7590–01–P 

PENSION BENEFIT GUARANTY 

CORPORATION 

Proposed Submission of Information 

Collection for OMB Review; Comment 

Request; Notices Following a 

Substantial Cessation of Operations 

AGENCY: Pension Benefit Guaranty 

Corporation. 

ACTION: Notice of intent to request 

extension of OMB approval of 

information collection. 

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 a 

collection of information that is 

necessary to fulfill various reporting 

obligations following a cessation of 

operations at a facility. This notice 

informs the public of PBGC’s intent and 

solicits public comment on the 

collection of information. 

DATES: Comments must be submitted on 

or before July 8, 2022. 

ADDRESSES: Comments may be 

submitted by any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Email: paperwork.comments@

pbgc.gov. Refer to OMB control number 

1212–0073 in the subject line. 

• Mail or Hand Delivery: Regulatory 

Affairs Division, Office of the General 

Counsel, Pension Benefit Guaranty 

Corporation, 1200 K Street NW, 

Washington, DC 20005–4026. 

Commenters are strongly encouraged 

to submit public comments 

electronically. PBGC expects to have 

limited personnel available to process 

public comments that are submitted on 

paper through mail. Until further notice, 

any comments submitted on paper will 

be considered to the extent practicable. 

All submissions received must 

include the agency’s name (Pension 

Benefit Guaranty Corporation, or PBGC) 

and refer to OMB control number 1212– 

0073. All comments received will be 

posted without change to PBGC’s 

website, http://www.pbgc.gov, including 

any personal information provided. 

Commenters should not include any 

information for which disclosure is 

restricted by statute, such as trade 

secrets and commercial or financial 

information (‘‘confidential business 

information’’). Submission of 

confidential business information 

without a request for protected 

treatment constitutes a waiver of any 

claims of confidentiality. 

Copies of the collection of 

information may be obtained by writing 

to Disclosure Division, Office of the 

General Counsel, Pension Benefit 

Guaranty Corporation, 1200 K Street 

NW, Washington, DC 20005–4026, or 

calling 202–229–4040 during normal 

business hours. If you are deaf, hard of 

hearing, or have a speech disability, 

please dial 7–1–1 to access 

telecommunications relay services. 

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. If you are 

deaf, hard of hearing, or have a speech 

disability, please dial 7–1–1 to access 

telecommunications relay services. 

SUPPLEMENTARY INFORMATION: Section 

4062(e) of the Employee Retirement 

Income Security Act of 1974 (ERISA) 

imposes reporting obligations in the 

event of a ‘‘substantial cessation of 

operations.’’ A substantial cessation of 

operations occurs when a permanent 

cessation at a facility causes a 

separation from employment of more 

than 15 percent of all ‘‘eligible 

employees.’’ ‘‘Eligible employees’’ are 

employees eligible to participate in any 

of the facility’s employer’s employee 

pension benefit plans. Following a 

substantial cessation of operations, the 

facility’s employer is treated, with 

respect to its single-employer pension 

plans covered by title IV of ERISA that 

are covering participants at the facility, 

as if the employer were a withdrawing 

substantial employer under a multiple 

employer plan. Under section 4063(a) of 

ERISA, the Pension Benefit Guaranty 

Corporation (PBGC) must receive notice 

of the substantial cessation of operations 

and a request to determine the 

employer’s resulting liability. 

To fulfill such resulting liability, the 

employer may elect, under section 

4062(e)(4)(A), to make additional 

contributions annually for seven years 

to plans covering participants at the 

facility where the substantial cessation 

of operations took place. Under sections 

4062(e)(4)(E)(i)(I), (II), (III), (IV), and (V) 

respectively, an employer that is making 

the election for annual additional 

contributions must give notice to PBGC 

of: (1) Its decision to make the election, 

(2) its payment of an annual 

contribution, (3) its failure to pay an 

annual contribution, (4) its receipt of a 

funding waiver from the Internal 

Revenue Service, and (5) the ending of 

its obligation to make additional annual 

contributions. 

PBGC is requesting that OMB extend 

approval of a form series, consisting of 

Form 4062(e)–01, Form 4062(e)–02, 

Form 4062(e)–03, and Form 4062(e)–04, 

that is used to fulfill these reporting 

obligations. An employer or a plan 

administrator files Form 4062(e)–01 to 

notify PBGC of the occurrence of a 

substantial cessation of operations and 

request a determination of the 

employer’s liability. An employer files 

Form 4062(e)–02 to notify PBGC that it 

made the elections to pay annual 

additional contributions to a plan. An 

employer files Form 4062(e)–03 to 

notify PBGC that it paid an annual 

additional contribution, received a 

funding waiver from the Internal 

Revenue Service, or is no longer 

obligated to pay additional annual 

contributions. Finally, an employer files 

Form 4062(e)–04 to notify PBGC that it 

failed to pay an additional annual 

contribution to the plan. 

PBGC needs the information 

requested in the forms and notification 

(1) to determine an employer’s liability 

to a plan following a substantial 

cessation of operations and (2) to ensure 

that an employer that made the election 

of additional annual contributions is 

fulfilling its payment obligations. 

The collection of information has 

been approved by OMB under control 

number 1212–0073 (expires August 31, 

2022). PBGC intends to request that 


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Federal Register / Vol. 87, No. 89 / Monday, May 9, 2022 / Notices 27667 

OMB extend its approval for another 

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, over the next 3 

years, 5 forms in this series will be 

submitted each year. PBGC estimates 

that these forms would be completed by 

a combination of plan office staff and 

outside professionals: Attorneys and 

actuaries. PBGC estimates a total annual 

hour burden of 38.5 hours. PBGC 

estimates a total annual cost burden of 

$39,415. 

PBGC is soliciting public comments 

to— 

• Evaluate whether the proposed 

collection of information is 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 collection 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 

collection 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, by: 

Stephanie Cibinic, 

Deputy Assistant General Counsel for 

Regulatory Affairs, Pension Benefit Guaranty 

Corporation. 

[FR Doc. 2022–09896 Filed 5–6–22; 8:45 am] 

BILLING CODE 7709–02–P 

PENSION BENEFIT GUARANTY 

CORPORATION 

Submission of Information Collection 

for OMB Review; Comment Request; 

Request for Coverage Determination 

Form 

AGENCY: Pension Benefit Guaranty 

Corporation. 

ACTION: Notice of request for extension 

of OMB approval of information 

collection. 

SUMMARY: The Pension Benefit Guaranty 

Corporation (PBGC) is requesting that 

the Office of Management and Budget 

(OMB) extend approval, with 

modifications, under the Paperwork 

Reduction Act, of a collection of 

information necessary for PBGC to 

determine whether a plan is covered 

under title IV of the Employee 

Retirement Security Income Act of 1974. 

DATES: Comments must be submitted by 

June 8, 2022. 

ADDRESSES: Written comments and 

recommendations for the proposed 

information collection should be sent 

within 30 days of publication of this 

notice to www.reginfo.gov/public/do/ 

PRAMain. Find this particular 

information collection by selecting 

‘‘Currently under 30-day Review—Open 

for Public Comments’’ or by using the 

search function. 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 of PBGC, 1200 K Street 

NW, Washington, DC 20005–4026; or, 

calling 202–229–4040 during normal 

business hours. If you are deaf, hard of 

hearing, or have a speech disability, 

please dial 7–1–1 to access 

telecommunications relay services. 

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. If you are 

deaf, hard of hearing, or have a speech 

disability, please dial 7–1–1 to access 

telecommunications relay services. 

SUPPLEMENTARY INFORMATION: 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 that filers use to request 

that PBGC determine whether a defined 

benefit pension plan is covered under 

title IV of the Employee Retirement 

Income Security Act of 1974 (ERISA). 

(OMB control number 1212–0072; 

expires June 30, 2022). This notice 

informs the public of PBGC’s intent and 

solicits public comment on the 

collection of information. 

A plan is covered under title IV, and 

thereby insured by PBGC, if it is 

described in section 4021(a) of ERISA 

and does not meet one of the 

exemptions from coverage listed in 

section 4021(b)(1)–(13). If a question 

arises about whether a plan is covered 

under title IV, a plan may submit the 

Request for Coverage Determination 

form to PBGC. 

The Request for Coverage 

Determination form and corresponding 

instructions are suitable for all types of 

requests, but they highlight the four 

plan types for which coverage 

determinations are most frequently 

requested: (1) Church plans as listed in 

section 4021(b)(3) of ERISA; (2) plans 

that are established and maintained 

exclusively for the benefit of plan 

sponsors’ substantial owners as listed in 

section 4021(b)(9); (3) plans covering, 

since September 2, 1974, no more than 

25 active participants that are 

established and maintained by 

professional services employers as listed 

in section 4021(b)(13); and (4) Puerto 

Rico-based plans within the meaning of 

section 1022(i)(1) of ERISA. PBGC needs 

the information requested to determine 

whether a plan is covered or not 

covered under title IV of ERISA. 

PBGC intends to make editorial and 

formatting changes to question 1 and 2 

of Part II of the form. These revisions are 

intended to provide greater clarity to 

filers. In addition, PBGC plans to add a 

new question to Part II inquiring about 

the number of eligible participants with 

no accrued benefit. This addition is 

intended to garner a more accurate 

count of a plan’s participants. Finally, 

PBGC plans to amend Question 4 of Part 

III applicable to a plan seeking a 

determination as a substantial owners 

plan. Under the amendment, a plan will 

need to provide the dates when 

participants separated from service, in 

addition to dates and amounts of 

payment to them. This addition is 

intended to allow PBGC to properly 

count payees who may still be 

participants in a plan even after 

distributions have occurred. 

The collection of information has 

been approved under OMB control 

number 1212–0072 (expires June 31, 

2022). On March 1, 2022, PBGC 

published in the Federal Register (at 87 

FR 11492) a notice informing the public 

of its intent to request approval of the 

revised collection of information. PBGC 

did not receive any comments. 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 each year there 

will be 310 Request for Coverage 

Determination forms submitted to 

PBGC. PBGC further estimates the 

average hour burden is 1.5 hours and 

average cost burden is $300. The total 

estimated annual burden of the 

collection of information is 465 hours 

and $93,000 


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