4786 Federal Register / Vol. 74, No. 16 / Tuesday, January 27, 2009 / Notices 

ACTION: Notice of request for extension 

of OMB approval of a currently 

approved collection (with 

modifications). 

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 the 

collection of information (with 

modifications) under subparts A and D 

of Part 4043 of its regulations on 

Reportable Events and Certain Other 

Notification Requirements (OMB control 

number 1212–0041; expires February 

28, 2009). This notice informs the 

public of PBGC’s request and solicits 

public comment on the collection of 

information. 

DATES: Comments must be submitted by 

February 26, 2009. 

ADDRESSES: Comments should be sent to 

the Office of Information and Regulatory 

Affairs, Office of Management and 

Budget, Attention: Desk Officer for 

Pension Benefit Guaranty Corporation, 

via electronic mail at OIRA_DOCKET@ 

omb.eop.gov or by fax to 202–395–6974. 

Copies of the collection of 

information and comments may be 

obtained without charge by writing to 

the Disclosure Division, Office of 

General Counsel, 1200 K St., NW., 

Washington, DC 20005–4026, or by 

visiting the Disclosure Division 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 

PBGC’s Web site at http:// 

www.pbgc.gov. 

FOR FURTHER INFORMATION CONTACT: 

James Bloch, Program Analyst, 

Legislative and Policy Division, or 

Catherine B. Klion, Manager, Regulatory 

and Policy Division, 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 toll-free at 1–800– 

877–8339 and ask to be connected to 

202–326–4024.) 

SUPPLEMENTARY INFORMATION: Section 

303(k) of the Employee Retirement 

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

and section 430(k) 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 contribution 

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 funding target 

attainment 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 PBGC (or, at its direction, the 

plan’s contributing sponsor or a member 

of the same controlled group) may 

perfect and enforce this lien. ERISA and 

the Code require persons committing 

payment failures to notify 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. 

These statutory requirements are 

implemented by subparts A and D of 

PBGC’s regulation on Reportable Events 

and Certain Other Notification 

Requirements (29 CFR part 4043). 

Section 4043.81 of the regulation 

provides that required reports must be 

made using PBGC Form 200, Notice of 

Failure to Make Required Contributions, 

in accordance with the related filing 

instructions. The form and instructions 

have been revised to remove 

information that is no longer applicable 

in light of changes made by the Pension 

Protection Act of 2006. 

The collection of information under 

the regulation has been approved 

through February 28, 2009, by OMB 

under control number 1212–0041. PBGC 

is requesting that OMB extend approval 

of the collection (with modifications) 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 it will receive 

185 Form 200 filings per year under this 

collection of information. PBGC further 

estimates that the average annual 

burden of this collection of information 

is 873 hours and $305,550. 

Issued in Washington, DC, this 21st day of 

January, 2009. 

John H. Hanley, 

Director, Legislative and Regulatory 

Department, Pension Benefit Guaranty 

Corporation. 

[FR Doc. E9–1783 Filed 1–26–09; 8:45 am] 

BILLING CODE 7709–01–P 

PENSION BENEFIT GUARANTY 

CORPORATION 

Submission of Information Collection 

for OMB Review; Comment Request; 

Reportable Events 

AGENCY: Pension Benefit Guaranty 

Corporation. 

ACTION: Notice of request for extension 

of OMB approval of a currently 

approved collection (with 

modifications). 

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 the 

collection of information (with 

modifications) under subparts A, B, and 

C of Part 4043 of its regulations on 

Reportable Events and Certain Other 

Notification Requirements (OMB control 

number 1212–0013; expires February 

28, 2009). This notice informs the 

public of PBGC’s request and solicits 

public comment on the collection of 

information. 

DATES: Comments must be submitted by 

February 26, 2009. 

ADDRESSES: Comments should be sent to 

the Office of Information and Regulatory 

Affairs, Office of Management and 

Budget, Attention: Desk Officer for 

Pension Benefit Guaranty Corporation, 

via electronic mail at 

OIRA_DOCKET@omb.eop.gov or by fax 

to 202–395–6974. 

Copies of the collection of 

information and comments may be 

obtained without charge by writing to 

the Disclosure Division, Office of 

General Counsel, 1200 K St., NW., 

Washington, DC 20005–4026, or by 

visiting the Disclosure Division 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 regulation, forms, and 

instructions may be accessed on PBGC’s 

Web site at http://www.pbgc.gov. 

FOR FURTHER INFORMATION CONTACT: 

James Bloch, Program Analyst, 

Legislative and Policy Division, or 

Catherine B. Klion, Manager, Regulatory 

and Policy Division, 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 toll-free at 1–800– 

877–8339 and ask to be connected to 

202–326–4024.) 

SUPPLEMENTARY INFORMATION: Section 

4043 of the Employee Retirement 

mstockstill on PROD1PC66 with NOTICES6

Federal Register / Vol. 74, No. 16 / Tuesday, January 27, 2009 / Notices 4787 

Income Security Act of 1974 (ERISA) 

requires plan administrators and plan 

sponsors to report certain plan and 

employer events to PBGC. The reporting 

requirements give PBGC notice of events 

that indicate plan or employer financial 

problems. PBGC uses the information 

provided in determining what, if any, 

action it needs to take. For example, 

PBGC might need to institute 

proceedings to terminate a 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 forms and instructions have been 

revised to remove information that is no 

longer applicable in light of changes 

made by the Pension Protection Act of 

2006 and to refer to interim guidance 

issued by PBGC. 

The collection of information under 

the regulation has been approved 

through February 28, 2009, by OMB 

under control number 1212–0013. PBGC 

is requesting that OMB extend approval 

of the collection (with modifications) 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 it will receive 

637 reportable events per year under 

this collection of information. PBGC 

further estimates that the average annual 

burden of this collection of information 

is 2,676 hours and $936,600. 

Issued in Washington, DC, this 21st day of 

January 2009. 

John H. Hanley, 

Director, Legislative and Regulatory 

Department, Pension Benefit Guaranty 

Corporation. 

[FR Doc. E9–1790 Filed 1–26–09; 8:45 am] 

BILLING CODE 7709–01–P 

RAILROAD RETIREMENT BOARD 

Agency Forms Submitted for OMB 

Review, Request for Comments 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995 (44 

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

Retirement Board (RRB) is forwarding 

two (2) Information Collection Requests 

(ICR) to the Office of Information and 

Regulatory Affairs (OIRA), Office of 

Management and Budget (OMB). Our 

ICR describes the information we seek 

to collect from the public. Review and 

approval by OIRA ensures that we 

impose appropriate paperwork burdens. 

The RRB invites comments on the 

proposed collections of information to 

determine (1) The practical utility of the 

collections; (2) the accuracy of the 

estimated burden of the collections; (3) 

ways to enhance the quality, utility and 

clarity of the information that is the 

subject of collection; and (4) ways to 

minimize the burden of collections on 

respondents, including the use of 

automated collection techniques or 

other forms of information technology. 

Comments to RRB or OIRA must contain 

the OMB control number of the ICR. For 

proper consideration of your comments, 

it is best if RRB and OIRA receive them 

within 30 days of publication date. 

1. Title and purpose of information 

collection: 

Request to Non-Railroad Employer for 

Information About Annuitant’s Work 

and Earnings; OMB 3220–0107. 

Under Section 2 of the Railroad 

Retirement Act (RRA), a railroad 

employee’s retirement annuity or an 

annuity paid to the spouse of a railroad 

employee is subject to work deductions 

in the Tier II component of the annuity 

and any employee supplemental 

annuity for any month in which the 

annuitant works for a Last PreRetirement Non-Railroad Employer 

(LPE). LPE is defined as the last person, 

company, or institution, other than a 

railroad employer, that employed an 

employee or spouse annuitant. In 

addition, the employee, spouse or 

divorced spouse Tier I annuity benefit is 

subject to work deductions under 

Section 2(F)(1) of the RRA for earnings 

from any non-railroad employer that are 

over the annual exempt amount. The 

regulations pertaining to non-payment 

of annuities by reason of work are 

contained in 20 CFR 230.1 and 230.2. 

The RRB utilizes Form RL–231–F, 

Request to Non-Railroad Employer for 

Information About Annuitant’s Work 

and Earnings, to obtain the information 

needed for determining if any work 

deductions should be applied because 

an annuitant worked in non-railroad 

employment after the annuity beginning 

date. One response is requested of each 

respondent. Completion is voluntary. 

Previous Requests for Comments: The 

RRB has already published the initial 

60-day notice (73 FR 68462 and 68463 

on November 18, 2008) required by 44 

U.S.C. 3506(c)(2). That request elicited 

no comments. 

Information Collection Request (ICR) 

Title: Request to Non-Railroad 

Employer for Information About 

Annuitant’s Work and Earnings. 

Form(s) submitted: RL–231–F. 

OMB Control Number: 3220–0107. 

Expiration date of current OMB 

clearance: 1/31/2009. 

Type of request: Extension without 

change of a currently approved 

collection. 

Affected Public: Business or other forprofit. 

Estimated annual number of 

respondents: 300. 

Total annual responses: 300. 

Total annual reporting hours: 150. 

Abstract: Under the Railroad 

Retirement Act (RRA), benefits are not 

payable if an annuitant works for an 

employer covered under the RRA or last 

non-railroad employer. The collection 

obtains information regarding an 

annuitant’s work and earnings from a 

non-railroad employer. The information 

will be used for determining whether 

benefits should be withheld. 

Changes Proposed: The RRB proposes 

no changes to Form RL–231–F. 

2. Title and Purpose of Information 

Collection 

Supplemental Information on 

Accident and Insurance; OMB 3220– 

0036. 

Under Section 12(o) of the Railroad 

Unemployment Insurance Act (RUIA), 

the Railroad Retirement Board is 

entitled to reimbursement of the 

sickness benefits paid to a railroad 

employee if the employee receives a 

sum or damages for the same infirmity 

for which the benefits are paid. Section 

2(f) of the RUIA requires employers to 

reimburse the RRB for days in which 

salary, wages, pay for time lost or other 

remuneration is later determined to be 

payable. Reimbursements under section 

2(f) generally result from the award of 

pay for time lost or the payment of 

guaranteed wages. The RUIA prescribes 

that the amount of benefits paid be 

deducted and held by the employer in 

a special fund for reimbursement to the 

RRB. 

The RRB currently utilizes Form(s) 

SI–1c, (Supplemental Information on 

Accident and Insurance), SI–5 (Report 

of Payments to Employee Claiming 

Sickness Benefits Under the RUIA), ID– 

3s (Request for Lien Information), ID– 

3s–1, (Lien Information Under Section 

12(o) of the RUIA), ID–3U (Request for 

Section 2(f) Information), ID–30k (Form 

Letter Asking Claimant for Additional 

Information on Injury or Illness), and 

ID–30k–1 (Request for Supplemental 

Information on Injury or Illness—3rd 

Party), to obtain the necessary 

information from claimants and railroad 

employers. Completion is required to 

obtain or retain benefits. 

Previous Requests for Comments: The 

RRB has already published the initial 

60-day notice (73 FR 68462 and 68463 

on November 18, 2008) required by 44 

U.S.C. 3506(c)(2). That request elicited 

no comments. 

mstockstill on PROD1PC66 with NOTICES6