Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Notices 58491 

programs for controlling access to high 

and very high radiation areas because of 

the potential for overexposure. 

The primary purpose of this proposed 

revision is to clarify the terminology 

related to the physical barriers that 

licensees could use to prevent 

unauthorized personnel access to high 

and very high radiation areas. The 

current version of Regulatory Guide 8.38 

uses the term ‘‘inadvertent entry’’ with 

two different connotations. As used in 

Section 1.5, ‘‘Physical Controls,’’ the 

term was intended to connote ‘‘not a 

willful violation.’’ In several other 

sections, however, ‘‘inadvertent entry’’

was used to mean ‘‘an accidental, or 

unintended, entry.’’ This disparity has 

led to inconsistent readings of the staff’s 

regulatory position by licensees and 

other stakeholders. Consequently, in 

preparing this revision, the NRC staff 

rewrote Section 1.5 to eliminate the use 

of the term ‘‘inadvertent entry,’’ and 

provide additional guidance on the 

acceptability of physical barriers used to 

control access to high radiation areas. 

The staff also revised two additional 

sections of the guide to explicitly state 

regulatory positions that are implied in 

the current version. Section 1.6, 

‘‘Shielding,’’ is revised to clarify that 

monitors with local alarms are not 

necessary where the removal of 

shielding does not result in dose rates 

greater than 1,000 mrem/hr (10 mSv/hr) 

at 30 cm from the source. Also, Section 

4.2, ‘‘Materials,’’ is revised to clarify 

that appropriate controls are required 

when diving operations allow access to 

high and/or very high radiation areas in 

the spent fuel pool. In addition, the staff 

updated Appendix B to include recent 

references that discuss industry 

experiences with high and very high 

radiation areas. 

The proposed revision to Regulatory 

Guide 8.38 does not change previous 

staff positions. Therefore, this revision 

does not constitute a backfit, as defined 

in 10 CFR 50.109. 

The NRC staff is soliciting comments 

on Draft Regulatory Guide DG–8028, 

and comments may be accompanied by 

relevant information or supporting data. 

Please mention DG–8028 in the subject 

line of your comments. Comments on 

this draft regulatory guide submitted in 

writing or in electronic form will be 

made available to the public in their 

entirety through the NRC’s Agencywide 

Documents Access and Management 

System (ADAMS). Personal information 

will not be removed from your 

comments. You may submit comments 

by any of the following methods. 

Mail comments to: Rules and 

Directives Branch, Office of 

Administration, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555–

0001. 

Email comments to: 

NRCREP@nrc.gov. You may also submit 

comments via the NRC’s rulemaking 

Web site at http://ruleforum.llnl.gov. 

Address questions about our rulemaking 

Web site to Carol A. Gallagher (301) 

415–5905; e-mail CAG@nrc.gov. 

Hand-deliver comments to: Rules and 

Directives Branch, Office of 

Administration, U.S. Nuclear Regulatory 

Commission, 11555 Rockville Pike, 

Rockville, Maryland 20852, between 

7:30 a.m. and 4:15 p.m. on Federal 

workdays. 

Fax comments to: Rules and 

Directives Branch, Office of 

Administration, U.S. Nuclear Regulatory 

Commission at (301) 415–5144. 

Requests for technical information 

about Draft Regulatory Guide DG–8028 

may be directed to Harriet Karagiannis 

at (301) 415–6377 or by e-mail to 

HXK@nrc.gov. 

Comments would be most helpful if 

received by December 5, 2005. 

Comments received after that date will 

be considered if it is practical to do so, 

but the NRC is able to ensure 

consideration only for comments 

received on or before this date. 

Although a time limit is given, 

comments and suggestions in 

connection with items for inclusion in 

guides currently being developed or 

improvements in all published guides 

are encouraged at any time. 

Electronic copies of the draft 

regulatory guide are available through 

the NRC’s public Web site under Draft 

Regulatory Guides in the Regulatory 

Guides document collection of the 

NRC’s Electronic Reading Room at 

http://www.nrc.gov/reading-rm/doccollections/. Electronic copies are also 

available in the NRC’s Agencywide 

Documents Access and Management 

System (ADAMS) at http:// 

www.nrc.gov/reading-rm/adams.html, 

under Accession #ML052590173. Note, 

however, that the NRC has temporarily 

limited public access to ADAMS so that 

the agency can complete security 

reviews of publicly available documents 

and remove potentially sensitive 

information. Please check the NRC’s 

Web site for updates concerning the 

resumption of public access to ADAMS. 

In addition, regulatory guides are 

available for inspection at the NRC’s 

Public Document Room (PDR), which is 

located at 11555 Rockville Pike, 

Rockville, Maryland; the PDR’s mailing 

address is USNRC PDR, Washington, DC 

20555–0001. The PDR can also be 

reached by telephone at (301) 415–4737 

or (800) 397–4205, by fax at (301) 415–

3548, and by e-mail to PDR@nrc.gov. 

Requests for single copies of draft or 

final guides (which may be reproduced) 

or for placement on an automatic 

distribution list for single copies of 

future draft guides in specific divisions 

should be made in writing to the U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, Attention: 

Reproduction and Distribution Services 

Section; by e-mail to 

DISTRIBUTION@nrc.gov; or by fax to 

(301) 415–2289. Telephone requests 

cannot be accommodated. 

Regulatory guides are not 

copyrighted, and Commission approval 

is not required to reproduce them. (5 

U.S.C. 552(a)) 

Dated at Rockville, Maryland, this 28th day 

of September, 2005. 

For the Nuclear Regulatory Commission, 

Farouk Eltawila, 

Director, Division of Systems Analysis and 

Regulatory Effectiveness, Office of Nuclear 

Regulatory Research. 

[FR Doc. E5–5472 Filed 10–5–05; 8:45 am] 

BILLING CODE 7590–01–P 

PENSION BENEFIT GUARANTY 

CORPORATION 

Proposed Submission of Information 

Collection for OMB Review; Comment 

Request; 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 the 

collection of information under Part 

4043 of its regulations relating to Notice 

of Failure to Make Required 

Contributions (OMB control number 

1212–0041; expires January 31, 2006). 

This notice informs the public of the 

PBGC’s intent and solicits public 

comment on the collection of 

information. 

DATES: Comments must be submitted by 

December 5, 2005. 

ADDRESSES: Comments may be mailed to 

the Legislative and Regulatory 

Department, Pension Benefit Guaranty 

Corporation, 1200 K Street, NW., 

Washington, DC 20005–4026, or 

delivered to Suite 340 at that address 

during normal business hours. 

Comments also may be submitted by email to paperwork.comments@pbgc.gov, 

or by fax to 202–326–4112. The PBGC 

58492 Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Notices 

will make all comments available on its 

Web site at www.pbgc.gov. 

Copies of the collections of 

information may be obtained without 

charge by writing to the PBGC’s 

Communications and Public Affairs 

Department at Suite 240 at the above 

address or by visiting that office or 

calling 202–326–4040 during normal 

business hours. (TTY and TDD users 

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

connected to 202–326–4040.) The 

reportable events regulations, forms, 

and instructions may be accessed on the 

PBGC’s Web site at www.pbgc.gov. 

FOR FURTHER INFORMATION CONTACT: 

James L. Beller, Jr., Attorney, Legislative 

and Regulatory Department, Pension 

Benefit Guaranty Corporation, 1200 K 

Street, NW., Washington, DC 20005–

4026, 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: Section 

302(f) of the Employee Retirement 

Income Security Act of 1974 (‘‘ERISA’’) 

and section 412(n) of the Internal 

Revenue Code of 1986 (‘‘Code’’) impose 

a lien in favor of an underfunded singleemployer plan that is covered by the 

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 funded current liability percentage 

is less than 100 percent.) The lien is 

upon all property and rights to property 

belonging to the person or persons who 

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 the PBGC (or, at its direction, 

the plan’s contributing sponsor or a 

member of the same controlled group) 

may perfect and enforce this lien. 

Therefore, ERISA and the Code require 

persons committing payment failures to 

notify the 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 filing instructions, implement 

the statutory notification requirement. 

Submission of Form 200 is required by 

29 CFR 4043.81. 

The collection of information under 

the regulation has been approved 

through January 31, 2006, by OMB 

under control number 1212–0041. The 

PBGC intends to request that OMB 

extend 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. 

The PBGC estimates that it will 

receive 78 Form 200 filings per year 

under this collection of information. 

The PBGC further estimates that the 

average annual burden of this collection 

of information is 160.5 hours and 

$44,132. 

The 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; 

• 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, this 29th day of 

September, 2005. 

Rick Hartt, 

Chief Technology Officer, Pension Benefit 

Guaranty Corporation. 

[FR Doc. 05–20140 Filed 10–5–05; 8:45 am] 

BILLING CODE 7708–01–P 

PENSION BENEFIT GUARANTY 

CORPORATION 

Proposed Submission of Information 

Collection for OMB Review; Comment 

Request; Reportable Events 

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 Part 

4043 of its regulations relating to 

Reportable Events (OMB control number 

1212–0013; expires January 31, 2006). 

This notice informs the public of the 

PBGC’s intent and solicits public 

comment on the collection of 

information. 

DATES: Comments must be submitted by 

December 5, 2005. 

ADDRESSES: Comments may be mailed to 

the Legislative and Regulatory 

Department, Pension Benefit Guaranty 

Corporation, 1200 K Street, NW., 

Washington, DC 20005–4026, or 

delivered to Suite 340 at that address 

during normal business hours. 

Comments also may be submitted by email to paperwork.comments@pbgc.gov, 

or by fax to 202–326–4112. The PBGC 

will make all comments available on its 

Web site at www.pbgc.gov. 

Copies of the collections of 

information may be obtained without 

charge by writing to the PBGC’s 

Communications and Public Affairs 

Department at Suite 240 at the above 

address or by visiting that office or 

calling 202–326–4040 during normal 

business hours. (TTY and TDD users 

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

connected to 202–326–4040.) The 

reportable events regulations, forms, 

and instructions may be accessed on the 

PBGC’s Web site at www.pbgc.gov. 

FOR FURTHER INFORMATION CONTACT: 

James L. Beller, Jr., Attorney, Legislative 

and Regulatory Department, Pension 

Benefit Guaranty Corporation, 1200 K 

Street, NW., Washington, DC 20005–

4026, 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: Section 

4043 of the Employee Retirement 

Income Security Act of 1974 (ERISA) 

requires plan administrators and plan 

sponsors to report certain plan and 

corporate events to the PBGC. The 

reporting requirements give the PBGC 

timely notice of events that indicate 

plan or employer financial problems. 

The PBGC uses the information 

provided in determining what, if any, 

action it needs to take. For example, the 

PBGC might need to institute 

proceedings to terminate the 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 its losses. 

The collection of information under 

the regulation has been approved 

through January 31, 2006, by OMB 

under control number 1212–0013. The