7596 Federal Register / Vol. 60, No. 26 / Wednesday, February 8, 1995 / Notices

licensee, its contractors, and the

involved individual supervisors.

The Commission recognizes that the

actions discussed in this policy

statement will not necessarily insulate

an employee from retaliation, nor will

they remove all personal cost should the

employee seek a personal remedy.

However, these measures, if adopted by

licensees, should improve the

environment for raising concerns.

Dated at Rockville, Maryland, this 2nd day

of February, 1995.

For the Nuclear Regulatory Commission.

John C. Hoyle,

Acting Secretary of the Commission.

[FR Doc. 95–3089 Filed 2–7–95; 8:45 am]

BILLING CODE 7590–01–P

PENSION BENEFIT GUARANTY

CORPORATION

Disaster Relief

AGENCY: Pension Benefit Guaranty

Corporation.

ACTION: Notice of disaster relief in

response to California floods.

SUMMARY: The Pension Benefit Guaranty

Corporation is waiving penalties for

certain late payments of premiums, is

forgoing assessment of penalties for

failure to comply with certain

information submission requirements,

and is extending the deadlines for

complying with certain requirements of

its administrative review and standard

and distress termination regulations.

This relief is generally available to

persons residing, in, or whose principal

place of business is within, an area

designated by the Federal Emergency

Management Agency as affected by the

major disaster declared by the President

of the United States on account of the

severe floods in California.

FOR FURTHER INFORMATION CONTACT:

Harold J. Ashner, Assistant General

Counsel, Office of the General Counsel,

Suite 340, Pension Benefit Guaranty

Corporation, 1200 K Street, NW.,

Washington, DC 20005, 202–326–4024

(202–326–4179 for TTY and TDD).

(These are not toll-free numbers.)

SUPPLEMENTARY INFORMATION: The

Pension Benefit Guaranty Corporation

(‘‘PBGC’’) administers the pension plan

termination insurance program under

title IV of the Employee Retirement

Income Security Act of 1974, as

amended (‘‘ERISA’’), 29 U.S.C. 1001 et

seq. Under ERISA and the PBGC’s

regulations, a number of deadlines must

be met in order to avoid the imposition

of penalties or other consequences. Five

areas in which the PBGC is providing

relief are (1) penalties for late payment

of premiums due the PBGC, (2) ERISA

section 4071 penalties for failure to

provide required notices or other

material information by the applicable

time limit, (3) deadlines for filing a

standard termination notice and

distributing plan assets in a standard

termination, (4) deadlines for filing a

distress termination notice and, in the

case of a plan that is sufficient for

guaranteed benefits, issuing notices of

benefit distribution and completing the

distribution of plan assets, and (5)

deadlines for filing requests for

reconsideration or appeals of certain

agency determinations.

On January 10, 1995, the President of

the United States declared, under the

Disaster Relief Act of 1974, as amended

(42 U.S.C. 5121, 5122(2), 5141(b)), that

a major disaster exists because of the

severe floods in California. At this time,

thirty-eight California counties are

designated areas (within the meaning of

Federal Emergency Management Agency

(‘‘FEMA’’) regulations; 44 CFR

205.2(a)(5)).

Given the severity of this major

disaster, as the Executive Director of the

PBGC, I have decided to provide relief

from certain PBGC deadlines and

penalties. For purposes of premium

penalties, section 4071 penalties, and

standard termination deadlines, this

notice is applicable with respect to

plans whose administrators’ or

sponsors’ principal place of business, or

for which the office of a service

provider, bank, insurance company, or

other person maintaining information

necessary to meet the applicable

deadlines, is located in a designated

disaster area. For purposes of filing

requests for reconsideration or appeals,

this notice is applicable to any

aggrieved person who is residing in, or

whose principal place of business is

within, a designated disaster area, or

with respect to whom the office of the

service provider, bank, insurance

company, or other person maintaining

the information necessary to file the

request for reconsideration or appeal is

within such an area.

Premiums

The PBGC will waive the late

payment penalty charge with respect to

any premium payment required to be

made on or after January 6, 1995, and

before March 2, 1995, if the payment is

made by March 2, 1995. The PBGC is

not permitted by law to waive late

payment interest charges. (ERISA

section 4007(b); 29 CFR 2610.7 and

2610.8(b)(3).)

Section 4071 penalties

The PBGC will not assess a section

4071 penalty for a failure to file any of

the following notices that were, or will

be, required to be filed with the PBGC

on or after January 6, 1995, and before

March 2, 1995, if the notice is filed by

March 2, 1995:

(1) Post-distribution certification for

single-employer plan (PBGC Form 501

or 602; ERISA section 4041(b)(3)(B) or

(c)(3)(B); 29 CFR 2617.28(h) or

2616.29(b)),

(2) Notice of termination for

multiemployer plans (ERISA section

4041A; 29 CFR 2673.2),

(3) Notice of plan amendments

increasing benefits by more than $10

million (ERISA section 307(e)), and

(4) Reportable event notice, except for

reportable events related to bankruptcy

or insolvency (or similar proceeding or

settlement), liquidation or dissolution,

or transactions involving a change in

contributing sponsor or controlled

group (29 CFR 2615.21, 2615.22, and

2615.23), or reportable events described

in amended ERISA section 4043(c)(9)–

(12). (Subsection (b) of section 4043 as

it presently appears in 29 U.S.C. 1343

was redesignated as subsection (c) and

amended, in part, with the addition of

new reportable events in paragraphs (9)

through (12) by the Retirement

Protection Act of 1994, Subtitle F, Title

VII, Uruguay Round Agreements Act,

Sec. 771(c)(3), Pub. L. 103–465, 108

Stat. 5042 (1994) (the (‘‘RPA

amendments’’).)

The PBGC will not assess a section

4071 penalty for a failure to provide

certain supporting information and

documentation when any of the

following notices is timely filed:

(1) Notice of failure to make required

contributions totaling more than $1

million (including interest) (PBGC Form

200; ERISA section 302(f)(4); 29 CFR

2615.31). The timely filed notice must

include at least items 1 through 7 and

items 11 and 12 of Form 200; the

responses to items 8 through 10, with

the certifications in items 11 and 12,

may be filed late.

(2) Notice of a reportable event related

to bankruptcy or insolvency (or similar

proceeding or settlement), liquidation or

dissolution, or a transaction involving a

change in contributing sponsor or

controlled group. The timely filed

notice must include at least the

information specified in 29 CFR

2615.3(b)(1) through (5); the information

that may be filed late is that specified

in 29 CFR 2615.3(b)(6) through (9) and

2615.3(c)(5) and (6), as applicable.

(3) Notice of a reportable event

described in the RPA amendments for
Federal Register / Vol. 60, No. 26 / Wednesday, February 8, 1995 / Notices 7597

which notice is required no later than

30 days after the event occurs.

(A) If the event is reportable under

both the RPA amendments and 29 CFR

2615, the notice will be considered

timely filed if the notice satisfies the

requirements described in paragraph (2)

above.

(B) If the event is reportable only

under the RPA amendments, the notice

will be considered timely filed if the

notice includes at least the information

specified in 29 CFR 2615.3(b)(1) through

(5); the information that may be filed

late is that specified in 29 CFR

2615.3(b)(6) through (9).

(4) Notice of a reportable event

described in the RPA amendments for

which notice is required at least 30 days

before the event occurs. The notice will

be considered timely filed if the filer

makes a good faith effort to include with

the notice at least the information

specified in 29 CFR 2615.3(b)(1) through

(5); the information specified in 29 CFR

2615.3(b)(6) through (9) and 2615.3(c)(5)

and (6), as applicable, may be filed late

and should be filed as soon thereafter as

it is available.

This relief applies to notices that

were, or will be, required to be filed

with the PBGC on or after January 6,

1995, and before March 2, 1995,

provided that all supporting information

and documentation are filed by March

2, 1995.

Standard and Distress Termination

Notices and Distribution of Assets

With respect to a standard

termination for which the standard

termination notice is required to be

filed, or the distribution of plan assets

is required to be completed, on or after

January 6, 1995, the PBGC is (pursuant

to 29 CFR 2617.25(a)(2) and

2617.28(f)(4)) extending to March 2,

1995, the time within which the

standard termination notice must be

filed (and, thus, the time within which

notices of plan benefits must be

provided) and the time within which

the distribution of plan assets must be

completed. With respect to a distress

termination for which the distress

termination notice is required to be filed

or, in the case of a plan that is sufficient

for guaranteed benefits, other actions

must be taken on or after January 6,

1995, the PBGC is (pursuant to 29 CFR

2616.10(a) and 2616.24(d)) extending to

March 2, 1995, the time within which

the termination notice must be filed

and, in the case of a plan that is

sufficient for guaranteed benefits,

notices of benefit distribution must be

provided and plan assets must be

distributed. In addition, as noted above,

the PBGC is providing relief from

penalties for late filing of the postdistribution certification.

Requests for Reconsideration or

Appeals

For persons who are aggrieved by

certain agency determinations and for

whom a request for reconsideration or

an appeal is required to be filed on or

after January 6, 1995, and before March

2, 1995, the PBGC is (pursuant to 29

CFR § 2606.4(b)) the time for filing to

March 2, 1995.

Applying for Waivers/Extensions

A submission to the PBGC to which

a waiver or an extension is applicable

under this notice should be marked in

bold print ‘‘CALIFORNIA FLOOD

RELIEF, County of (fill in appropriate

county name and state)’’ at the top

center.

Issued in Washington, DC this 3rd day of

February, 1995.

Martin Slate,

Executive Director, Pension Benefit Guaranty

Corporation.

[FR Doc. 95–3107 Filed 2–7–95; 8:45 am]

BILLING CODE 7708–01–M

RAILROAD RETIREMENT BOARD

Agency Forms Submitted for OMB

Review

SUMMARY In accordance with the

Paperwork Reduction Act of 1980 (44

U.S.C. Chapter 35), the Railroad

Retirement Board has submitted the

following proposal(s) for the collection

of information to the Office of

Management and Budget for review and

approval.

Summary of Proposal(s):

(1) Collection title: Representative

Payee Monitoring.

(2) Form(s) submitted: G–99a, G–99c.

(3) OMB Number: 3220–0151

(4) Expiration date of current OMB

clearance: April 30, 1995

(5) Type of request: Revision of a

currently approved collection.

(6) Respondents: Individuals or

households.

(7) Estimated annual number of

respondents: 6,000

(8) Total annual responses: 6,535.

(9) Total annual reporting hours:

2,032.

(10) Collection description: Under

Section 12(a) of the RRA, the Railroad

Retirement Board (RRB) is authorized to

select, make payments to, and conduct

transactions with an annuitant’s relative

or some other person willing to act on

behalf of the annuitant as a

representative payee. The collection

obtains information needed to

determine if a representative payee is

handling benefit payments in the best

interest of the annuitant.

ADDITIONAL INFORMATION OR COMMENTS

Copies of the form and supporting

documents can be obtained from Chuck

Mierzwa, the agency clearance officer

(312–751–3363). Comments regarding

the information collection should be

addressed to Ronald J. Hodapp, Railroad

Retirement Board, 844 North Rush

Street, Chicago, Illinois 60611–2092 and

the OMB reviewer, Laura Oliven (202–

395–7316), Office of Management and

Budget, Room 10230, New Executive

Office Building, Washington, D.C.

20503.

Chuck Mierzwa,

Clearance Officer.

[FR Doc. 95–3047 Filed 2–7–95; 8:45 am]

BILLING CODE 7905–01–M

SECURITIES AND EXCHANGE

COMMISSION

[Release No. 34–35331; File No. 265–19]

Consumer Affairs Advisory

Committee; Meeting

AGENCY: Securities and Exchange

Commission.

ACTION: Notice of meeting of the

Securities and Exchange Commission

(‘‘Commission’’) Consumer Affairs

Advisory Committee (‘‘Committee’’).

SUMMARY: This is to give notice that the

Securities and Exchange Commission

Consumer Affairs Advisory Committee

will meet on February 21, 1995, in

Room 1C30 at the Commission’s main

offices, 450 Fifth Street, NW.,

Washington, DC, beginning at 9 a.m.

The meeting will be open to the public.

This notice also serves to invite the

public to submit written comments to

the Committee.

ADDRESSES: Written comments should

be submitted in triplicate and should

refer to File No. 265–19. Comments

should be submitted to Jonathan G.

Katz, Secretary, Securities and Exchange

Commission, 450 Fifth Street, NW.,

Washington, DC 20549.

FOR FURTHER INFORMATION CONTACT:

Nancy M. Smith, Director, Office of

Consumer Affairs, (202) 942–7040;

Securities and Exchange Commission,

450 Fifth Street, NW., Washington, DC

20549.

SUPPLEMENTARY INFORMATION: In

accordance with Section 10(a) of the

Federal Advisory Committee Act, 5

U.S.C. app 10a, the Securities and

Exchange Commission Consumer