16504 Federal Register / Vol. 60, No. 61 / Thursday, March 30, 1995 / Notices

Settlement Agreement for 30 days

following the publication of this Notice.

Comments should be addressed to the

Assistant Attorney General of the

Environment and Natural Resources

Division, Department of Justice,

Washington, D.C. 20530, and should

refer to In re Shenango Inc., et al., D.J.

Ref. No. 90–5–2–3–1099D. The

proposed Settlement Agreement may be

examined at the Office of the United

States Attorney for the Western District

of Pennsylvania, 633 U.S. Post Office

and Courthouse, Pittsburgh, PA 15222;

the Region V Office of the United States

Environmental Protection Agency, 77

West Jackson Street, Chicago, Illinois

60604; and at the Consent Decree

Library, 1120 G Street, N.W., 4th Floor,

Washington, D.C. 20005 (202–624–

0892). A copy of the proposed

Settlement Agreement may be obtained

in person or by mail from the Consent

Decree Library, 1120 G Street, N.W., 4th

Floor, Washington, D.C. 20005. In

requesting a copy, please enclose a

check in the amount of $3.00 (25 cents

per page for reproduction costs),

payable to the Consent Decree Library.

Joel M. Gross,

Acting Section Chief, Environmental

Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 95–7806 Filed 3–29–95; 8:45 am]

BILLING CODE 4410–01–M

Antitrust Division

Notice Pursuant to the National

Cooperative Research and Production

Act of 1993—Advanced Lead-Acid

Battery Consortium

Notice is hereby given that, on

February 17, 1995, pursuant to Section

6(a) of the National Cooperative

Research and Production Act of 1993,

15 U.S.C. 4301 et seq. (‘‘the Act’’), the

Advanced Lead-Acid Battery

Consortium (‘‘ALABC’’), a discrete

program of the International Lead Zinc

Research Organization, Inc. (‘‘ILZRO’’),

has filed written notifications

simultaneously with the Attorney

General and the Federal Trade

Commission disclosing changes in its

membership. The notifications were

filed for the purpose of extending the

Act’s provisions limiting the recovery of

antitrust plaintiffs to actual damages

under specified circumstances.

Specifically, Whatman Paper, Ltd., has

withdrawn its membership with the

ALABC.

No other changes have been made in

either the membership or planned

activity of the group research project.

Membership remains open and the

ALABC intends to file additional

written notification disclosing all

changes in membership.

On June 15, 1992, the ALABC filed its

original notification pursuant to section

6(a) of the Act. The Department of

Justice published a notice in the Federal

Register pursuant to Section 6(b) of the

Act on July 29, 1992, 57 Fr 33522. The

last notification was filed with the

Department on August 26, 1994.

This notice has not yet been

published in the Federal Register

pursuant to Section 6(b) of the Act.

Constance K. Robinson,

Director of Operations, Antitrust Division.

[FR Doc. 95–7805 Filed 3–29–95; 8:45 am]

BILLING CODE 4410–01–M

Notice Pursuant to the National

Cooperative Research and production

Act of 1993—High Performance

Composites Cooperative Arrangement

Notice is hereby given that, on

December 20, 1994, pursuant to Section

6(a) of the National Cooperative

Research and Production Act of 1993,

15 U.S.C. 4301 et seq. (‘‘the Act’’), BDM

Federal, Inc., acting on behalf of the

High Performance Composites

Cooperative Arrangement (‘‘HPC’’), has

filed written notifications

simultaneously with the Attorney

General and the Federal Trade

Commission disclosing additions to its

membership. The notifications were

filed for the purpose of extending the

Act’s provisions limiting the recovery of

antitrust plaintiffs to actual damages

under specified circumstances.

Specifically, the additional members are

Hexcel Corporation, Pleasanton, CA;

and the University of Virginia,

Charlottesville, VA.

No other changes have been made in

either the membership or planned

activity of the HPC. Membership

remains open, and the HPC intends to

file additional written notification

disclosing all changes in membership.

On April 6, 1994, BDM Federal, Inc.,

acting on behalf of the HPC, filed its

original notification pursuant to Section

6(a) of the Act. The Department of

Justice published a notice in the Federal

Register pursuant to Section 6(b) of the

Act on June 3, 1994 (59 FR 28899).

The last notification was filed with

the Department on November 17, 1995.

This notice has not yet been published

in the Federal Register pursuant to

Section 6(b) of the Act.

Constance K. Robinson,

Director of Operations, Antitrust Division.

[FR Doc. 95–7804 Filed 3–29–95; 8:45 am]

BILLING CODE 4410–01–M

Notice Pursuant to the National

Cooperative Research and Production

Act of 1993—PERF Project 93–16,

Dispersion Modeling Project

Notice is hereby given that, on

December 8, 1994, pursuant to Section

6(a) of the National Cooperative

Research and Production Act of 1993,

15 U.S.C. 4301 et seq. (‘‘the Act’’),

Petroleum Environmental Research

Forum (‘‘PERF’’) Project 93–16, titled

‘‘Dispersion Modeling Project’’ has filed

written notifications simultaneously

with the Attorney General and the

Federal Trade Commission disclosing

(1) the identities of the parties and (2)

the nature and objectives of the project.

The notifications were filed for the

purpose of invoking the Act’s provisions

limiting the recovery of antitrust

plaintiffs to actual damages under

specified circumstances. Pursuant to

Section 6(b) of the Act, the identities of

the parties are: Exxon Research and

Engineering Company, Florham Park,

NJ; Phillips Petroleum Company,

Bartlesville, OK; Clark Oil & Refining

Corporation, Blue Island, IL; CITGO

Petroleum Corporation, Tulsa, OK;

Allied-Signal, Inc., Morristown, NJ;

Amoco Corporation, Chicago, IL;

Chevron Research & Technology

Company, Richmond, CA; Mobil

Research & Development Company,

Paulsboro, NJ; Shell Development

Company, Houston, TX; Marathon Oil

Company, Littleton, CO; Atmosphere

Research and Exposure Assessment

Laboratory (AREAL), Research Triangle

Park, NC; and Western Research

Institute, Laramie, NY.

The nature and objectives of the

research program performed in

accordance with Project 93–16 are to

use more realistic modeling techniques

in hazard assessments for hypothetical,

accidental releases from industrial

applications by demonstrating improved

model performance using actual field

scale data. Achievement of this

objective will include the following

activities: Data Analysis of previous

experiments including data from the

CHARR and the CEC major hazards

programs; Laboratory scale wind tunnel

experiments and performance

evaluation; Field experiments and

analysis; and Model modifications and

performance evaluation.

Constance K. Robinson,

Director of Operations, Antitrust Division.

[FR Doc. 95–7803 Filed 3–29–95; 8:45 am]

BILLING CODE 4410–01–7
Federal Register / Vol. 60, No. 61 / Thursday, March 30, 1995 / Notices 16505

DEPARTMENT OF LABOR

Office of the Secretary

Delinquent Filer Voluntary Compliance

Program

AGENCY: Office of the Secretary, Labor.

ACTION: Expedited review of the

information collected pursuant to the

Delinquent Filer Voluntary Compliance

Program under the Paperwork

Reduction Act.

SUMMARY: The Pension and Welfare

Benefits Administration, Department of

Labor, in carrying out its responsibilities

under the Paperwork Reduction Act (44

U.S.C. Chapter 35, 5 CFR 1320 (53 FR

16618, May 10, 1988)), is submitting the

information collection required under

the Delinquent Filer Voluntary

Compliance Program (Program) for

review. The information collected is

required to be reported by pension and

welfare benefit plan administrators

under Title I of the Employee

Retirement Income Security Act of 1974.

Plan administrators who choose to

participate in this Program, which offers

a substantial reduction in penalties, are

required to submit minimal

documentation along with payment to

verify plan information and facilitate

Federal record keeping.

DATES: Pension and Welfare Benefits

Administration has requested an

expedited review of this submission

under the Paperwork Reduction Act due

to the time-sensitive nature of the

collection and the penalties that

accumulate daily due to late filing or

failure to file annual reports; this Office

of Management and Budget (OMB)

review has been requested to be

completed by April 14, 1995.

FOR FURTHER INFORMATION CONTACT:

Comments and questions regarding the

Delinquent Filer Voluntary Compliance

Program should be directed to Mr.

Kenneth A. Mills, Departmental

Clearance Officer, Office of Information

Resource Management Policy, U.S.

Department of Labor, 200 Constitution

Avenue, N.W., Room N–1301,

Washington, D.C. 20210, 202 219–5095.

Comments should also be sent to OMB,

Office of Information and Regulatory

Affairs, Attn: OMB Desk Officer for

PWBA, NEOB Room 10235,

Washington, D.C. 20503, 202 395–7316.

Any member of the public who wants

to comment on the information

collection request which has been

submitted to OMB should advise Mr.

Mills of this intent at the earliest

possible date.

Average Burden Hours/Minutes Per

Response: 21 minutes

Frequency of Response: Annual

Number of Respondents: 10,000 (year 1);

7,000 in following years

Total Annual Burden Hours: 3,500

Total Annual Responses: 10,000

Affected Public: Business and other forprofit; Not-for-profit institutions

Respondents Obligation to Reply:

Voluntary.

Signed at Washington, D.C. this 24th day

of March 1995.

Kenneth A. Mills,

Departmental Clearance Officer.

Supporting Statement For Paperwork

Reduction Act Submissions

Delinquent Filer Voluntary Compliance

Program 1210–AA49

A. Justification

1. Explain the circumstances that

make the collection of information

necessary. Identify any legal or

administrative requirements that

necessitate the collection.

Attach a copy of the appropriate

section of each statute and of each

regulation mandating or authorizing the

collection of information.

The Secretary of Labor has the

authority, under section 502(c)(2) of

ERISA, to assess civil penalties of up to

$1,000 a day against plan administrators

who fail or refuse to file complete and

timely annual reports (Form 5500 Series

Annual Return/Reports) as required

under section 101(b)(4) of ERISA and

the Secretary’s regulations codified in

29 CFR part 2520. Pursuant to 29 CFR

2560.502c-2 and 2570.60 et seq. PWBA

has maintained a program for the

assessment of civil penalties for

noncompliance with the annual

reporting requirements. Under this

program, plan administrators filing

annual reports after the date on which

the report was required to be filed may

be assessed $40 per day for each day an

annual report is filed after the date on

which the annual report(s) was required

to be filed, without regard to any

extensions for filing. Plan

administrators who fail to file an annual

report may be assessed a penalty of $300

per day, up to $30,000 per year, until a

compete annual report is filed. Penalties

are applicable to each annual report

required to be filed under Title I of

ERISA. The Department may, in its

discretion, waive all or part of a civil

penalty assessed under section 502(c)(2)

upon a showing by the administrator

that there was reasonable cause for the

failure to file a complete and timely

annual report.

The Department has determined that

the possible assessment of the above

described civil penalties may deter

certain delinquent filers from

voluntarily complying with the annual

reporting requirements under Title I of

ERISA. In an effort to encourage annual

reporting compliance, therefore, the

Department has decided to implement

the Delinquent Filer Voluntary

Compliance (DFVC) Program, under

which administrators otherwise subject

to the assessment of higher civil

penalties will be permitted to pay

reduced civil penalties for voluntarily

complying with the annual reporting

requirements under Title I of ERISA,

referred to as the ‘‘Program.’’

2. Indicate how, by whom, how

frequently, and for what purpose the

information is to be used. For revisions,

extensions, and reinstatements of a

currently approved collection, indicate

the actual use the agency has made of

the information received from the

current collection.

Under Title I of ERISA, the

administrator of each welfare and each

pension plan, unless otherwise exempt,

is required to file an annual report with

the Secretary containing the information

set forth in Section 103 of ERISA. The

statutory annual reporting requirements

under Title I of ERISA, Title IV of

ERISA, and the Internal Revenue Code

are satisfied generally by filing, in

accordance with the instructions to the

forms and related regulations, the

appropriate annual return/report (the

Form 5500 Series). The Form 5500

Series collection has been given OMB

control number 1210–AA16. The Form

5500 Series collection has been

approved under the Paperwork

Reduction Act on October 28, 1994.

The DFVC Program is intended to

afford eligible plan administrators the

opportunity to avoid the assessment of

civil penalties otherwise applicable to

administrators who fail to file timely

annual reports for plan years beginning

on or after January 1, 1988. Eligible

administrators may avail themselves of

the DFVC Program by complying with

the filing requirements and paying the

specified civil penalties, set out in the

Federal Register Notice.

The DFVC Program is available only

to a plan administrator who complies

with each of the requirements the

Notice prior to the date on which the

administrator:

(a) is notified in writing, pursuant to

29 CFR 2560.502c-2, of the

Department’s intention to assess a civil

penalty under section 502(c)(2) of

ERISA for failure to file a timely annual

report; or

(b) is otherwise notified in writing by

the Department of a failure to file a

timely annual report under Title I of

ERISA.
16506 Federal Register / Vol. 60, No. 61 / Thursday, March 30, 1995 / Notices

It is anticipated that the administrator

of an employee welfare or benefit plan

would make use of the DFVC Program

no more than once per year, and would

avoid use of the Program entirely if the

statutory filing obligation were met in a

timely manner.

The only information collection

requirement in the Notice is the

requirement of providing data necessary

to identify the plan along with the

penalty payment. This data is the only

means by which each penalty payment

will be associated with the relevant

plan. With respect to most pension

plans and welfare plans, the

requirement is satisfied by sending,

along with the penalty payment, a copy

of the first page of the delinquent

annual report, which under current

procedures is sent to the IRS.

Under current procedures, certain

pension plans for highly compensated

employees, commonly ‘‘top hat’’ plans,

and apprenticeship plans may file a

one-time statement in lieu of annual

reports. With respect to such plans the

information collection requirements of

the Notice are satisfied by sending a

completed first page of an annual report

form along with the penalty payment.

The one-time statements are required to

be sent to a different address within the

Department. The Program is designed to

allow the processing of all penalty

payments at a single location within the

Department.

3. Describe any consideration of

information technology used to reduce

burden, as well as any technical or legal

obstacles to reducing burden.

The Department, in conjunction with

the IRS, PBGC, and OMB, is currently

exploring means by which to enhance

the Form 5500 filing review, processing,

and data system. Until that time when

an electronic filing alternative is

available, the Department has chosen

the least burdensome collection method

for receiving notification of

participation in the Program and

correctly accounting for payment of

penalties.

4. Describe efforts to identify

duplication. Show specifically why any

similar information already available

cannot be used or modified for use for

the purpose(s) described in 2 above.

The Department, IRS, and PBGC

utilize a consolidation annual report

(Form 5500 Series) which eliminates the

duplicative reporting that would

otherwise result from the separate

reporting to each agency. However, the

consolidated report does not

accommodate specific notification of the

Department of participation in the

Program, nor does it accommodate

recording of payment of penalties.

Therefore, the minimal information

collection requirements of this Program

were deemed necessary.

There is no similar information

gathered by any state or Federal agency

or other sources that would enable the

Department of effectively monitor

participation in the Program.

5. If the collection of information has

a significant impact on a substantial

number of small businesses or other

small entities (item 15 of the Paperwork

Reduction Act Submission form),

describe the methods used to minimize

burden.

Not Applicable.

6. Describe the consequence to

Federal program or policy activities if

the collection is not conducted or is

conducted less frequently.

If the collection is not conducted, it

may not be possible to institute the

Program because the Department would

be unable to determine whether persons

seeking to take advantage of the reduced

penalties offered under the Program had

in fact complied with its conditions.

The purpose of the Program is to

encourage delinquent plan

administrators to come forward and file

delinquent reports. Lack of compliance

with existing filing requirements

impairs the administration and

enforcement of the statute by the

Department, as well as the IRS and the

PBGC. The collection used in the

Program creates a minimal burden on

plan administrators who are already in

breach of ERISA’s filing requirements

while giving them access to reduced

penalties.

7. Explain any special circumstances

that require the collection to be

conducted in a manner inconsistent

with the general information collection

guidelines in 5 CFR 1320.6 (e.g.,

payment to respondents, disclosure of

proprietary information, etc.).

There are no special circumstances

that require the collection to be

conducted in a manner inconsistent

with the guidelines in 5 CFR 1320.6.

8. Describe efforts to consult with

persons outside the agency to obtain

their views on the availability of data,

frequency of collection, the clarity of

instructions and recordkeeping,

disclosure, or reporting format (if any),

and on the data elements to be recorded,

disclosed, or reported.

Consultation with representatives of

those from whom information is to

obtained or those who must compile

records should occur at least once every

3 years—even if the collection of

information activity is the same as in

prior periods. There may be

circumstances that mitigate against

consultation in a specific situation.

These circumstances should be

explained.

The employee benefit plan

community is aware that the

Department has been considering

institution of a reduced penalty program

for persons who voluntary file

delinquent reports, and is generally

supportive of the Program. The minimal

information collection associated with

the Program will not dissuade

participation by delinquent play

administrators.

The Form 5500 Series was developed

in coordination with the IRS and PBGC,

and the DFVC Program has been

reviewed by these agencies as well. In

addition, PWBA regularly requests

comments from the ERISA Advisory

Council with respect to suggestions for

reducing paperwork.

9. Describe any assurance of

confidentiality provided to respondents

and the basis for the assurance in

statute, regulation, or agency policy.

The annual reports are required by

law to be made available for inspection

at the Department and at the offices of

the plan administrators. Accordingly,

since this collection is merely one page

of the annual report, the Department

provides no assurance of confidentiality

to respondents.

10. Provide additional justification for

any questions of a sensitive nature, such

as sexual behavior and attitudes,

religious beliefs, and other matters that

are commonly considered private. This

justification should include the reasons

why the agency considers the questions

necessary, the specific uses to be made

of the information, the explanation to be

given to persons from whom the

information is requested, and any steps

to be taken to obtain their consent.

There are no questions of a sensitive

nature pertaining to sexual behavior and

attitudes, religious beliefs, or other

matters that are commonly considered

private.

11. Provide estimates of annualized

cost to the Federal Government and to

the respondents. Also, provide a

description of the method used to

estimate cost, which should include

quantification of hours, operational

expenses (such as equipment, overhead,

printing, and support staff), any other

expense that would not have been

incurred without this collection of

information.

Based on expense estimates, the

annual cost to the Department

attributable to the receipt and

maintenance of the Program is estimated

to be approximately $150,000. This

figure includes estimated costs to the

Department for lockbox maintenance,

computer services, and other
Federal Register / Vol. 60, No. 61 / Thursday, March 30, 1995 / Notices 16507

operational expenses such as

equipment, overhead, and support staff.

As reflected in item 12 below, the

burden hours attributable to the

collection by the universe of

respondents is estimated to be 3,500

hours. It is estimated that the cost to

plans to complete the collection will

range from $20 to $25 per hour.

Therefore, the estimated aggregate cost

to respondents is approximately $70,000

to $87,500 in the first year, and $49,000

to $61,250 in succeeding years.

12. Provide estimates of the burden of

the collection of information including

both recordkeeping and reporting

requirements. The statement should:

• Provide number of respondents,

frequency of response, annual burden,

and an explanation of how the burden

was estimated. Unless directed to do so,

agencies should not make special

surveys to obtain information on which

to base burden estimates. Consultation

with a sample of potential respondents

is desirable. If the burden on

respondents is expected to vary widely

because of differences in activity, size or

complexity, show the range of estimated

burden and explain the reasons for the

variance.

An estimated 10,000 delinquent

employee benefit plan administrators

are expected to file under the Program

in the first year, and an estimated 7,000

filings are expected in subsequent years.

Participation in the Program is

voluntary, and filing under the Program

would not be necessary more often than

annually, and most participants would

probably participate one time only. The

annual burden per filing is estimated to

be approximately 21 minutes, based on

a pilot pretest of not more than nine

people from both Federal employment

and the private sector. The burden on

respondents is not expected to vary

widely because of differences in

activity, size or complexity.

• If the request for approval is for

more than one form, provide separate

burden estimates for each form for

which approval is sought and aggregate

the burdens on the Paperwork

Reduction Act Submission form. If only

one form is submitted, you need not

duplicate the information entered on the

Paperwork Reduction Act Submission

form.

Not applicable.

13. For amendments to existing

collections, explain reasons for changes

in burden, including the need for any

increase.

Not applicable.

14. For collections of information

whose results are planned to be

published, outline plans for tabulation

and publication. Address any complex

analytical techniques that will be used.

Provide the time schedule for the entire

project, including beginning and ending

dates of the collection of information,

completion of report, publication dates,

and other actions.

The Form 5500 Series collection, and

by extension, this DFVC Program

collection, are not a collection of

information for statistical use. Once

collected, however, the information is

available to the Department and the

public, and it is used for purposes other

than enforcement and disclosure.

[FR Doc. 95–7742 Filed 3–29–95; 8:45 am]

BILLING CODE 4510–22–M

Evaluation of the Summer Youth

Employment and Training Program

AGENCY: Office of the Secretary, Labor.

ACTION: Expedited review under the

Paperwork Reduction Act.

SUMMARY: The Employment and

Training Administration, Department of

Labor, in carrying out its responsibilities

under the Paperwork Reduction Act (44

U.S.C. Chapter 35, 5 CFR 1320 (53 FR

16618, May 10, 1988)), is submitting a

study to examine the range of practices

currently being used in the Summer

Youth Employment and Training

Administration (SYETP) to deliver

educational services. It will assess the

quality of training and evaluate

contributions to the educational

deficiencies of participants.

DATES: The Employment and Training

Administration has requested an

expedited review of this submission

under the Paperwork Reduction Act;

this Office of Management and Budget

(OMB) review has been requested to be

completed by April 14, 1995.

FOR FURTHER INFORMATION CONTACT:

Comments and questions regarding the

Evaluation of the SYETP should be

directed to Mr. Kenneth A. Mills,

Departmental Clearance Officer, Office

of Information Resource Management

Policy, U.S. Department of Labor, 200

Constitution Avenue NW., Room N–

1301, Washington, DC 20210, (202) 219–

5095.

Comments should also be sent to

OMB, Office of Information and

Regulatory Affairs, Attn: OMB Desk

Officer for ETA, NEOB Room 10235,

Washington, DC 20503, (202) 395–7316.

Any member of the public who wants

to comment on the information

collection request which has been

submitted to OMB should advise Mr.

Mills of this intent at the earliest

possible date.

Average Burden Hours/Minutes Per

Response: 113 minutes

Frequency of Response: One time

Number of Respondents: 9,115

Total Annual Burden Hours: 17,167

hours

Total Annual Responses: 9,115

Affected Public: Individuals or

households; Non-for-profit

institutions; State, Local or Tribal

Government

Respondents Obligation to Reply:

Voluntary

Signed at Washington, DC, this 24th day of

March 1995.

Kenneth A. Mills,

Departmental Clearance Officer.

I. Introduction

This document represents a request

for approval of the data collection

protocols to be used in the Evaluation

of the Summer Youth Employment and

Training Program, being conducted by

Social Policy Research Associates (SPR)

and Brandeis University’s Center for

Human Resources, under contract to the

U.S. Department of Labor (DOL). The

study uses qualitative (case study) and

quantitative data collection and analysis

methods to examine training practices

being used in the Summer Youth

Employment and Training Program

(SYETP), Title II–B of JTPA. The

Introduction to this document provides

a brief overview of the study and its

purposes, and it discusses the data

collection procedures and analysis

plans. Subsequent sections respond to

the Office of Management and Budget’s

(OMB) specific instructions for

justification and address issues related

to the collection of information using

statistical methods.

Background

Funded under Title II–B of the Job

Training Partnership Act, SYETP has its

origins in a thirty-year federal

commitment to create summer jobs for

disadvantaged youth. However,

developments in recent years have as

well affirmed an emphasis on providing

educational services. For example,

amendments to Title II–B enacted in

1986 enumerated the enhancement of

basic educational skills and

encouragement of school completion as

explicit goals of the program. Further,

SDAs were required to assess the

reading and mathematics skill levels of

SYETP participants and to provide

remedial and basic education services

where appropriate. Subsequent DOL

issuances reinforced the educational

emphasis of the Summer Youth program

and encouraged efforts to link work and

learning.