82 FR 27089 - Notice of the American Arbitration Association's Response to Public Comments Related to the Pending Request for Approval of an Alternative Arbitration Procedure
PENSION BENEFIT GUARANTY CORPORATION Federal Register Volume 82, Issue 112 (June 13, 2017)
Federal Register Volume 82, Issue 112 (June 13, 2017)
| Page Range | 27089-27090 | |
| FR Document | 2017-12149 |
[Federal Register Volume 82, Number 112 (Tuesday, June 13, 2017)] [Notices] [Pages 27089-27090] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-12149] ======================================================================= ----------------------------------------------------------------------- PENSION BENEFIT GUARANTY CORPORATION Notice of the American Arbitration Association's Response to Public Comments Related to the Pending Request for Approval of an Alternative Arbitration Procedure AGENCY: Pension Benefit Guaranty Corporation. ACTION: Notice of the American Arbitration Association's response to public comments. ----------------------------------------------------------------------- SUMMARY: The Pension Benefit Guaranty Corporation invited the American Arbitration Association to respond to the public comments submitted in response to its request for approval of an Alternative Arbitration Procedure under section 4221 of the Employee Retirement Income Security Act of 1974 and PBGC's default arbitration procedures. On March 23, 2016, PBGC published notice of the American Arbitration Association's request in the Federal Register to advise interested persons of the request and solicit their views on it. This notice provides the public with the American Arbitration Association's letter response and solicits public comment on the response. [[Page 27090]] DATES: Comments must be received on or before July 28, 2017. ADDRESSES: Comments may be submitted by any of the following methods:Federal eRulemaking Portal: http://www.regulations.gov. Follow the Web site instructions for submitting comments. Email: [email protected]. Mail or Hand Delivery: Regulatory Affairs Group, Office of the General Counsel, Pension Benefit Guaranty Corporation, 1200 K Street NW., Washington, DC 20005-4026. Comments received, including personal information provided, will be posted to www.pbgc.gov. Copies of comments may also 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 202-326-4040 during normal business hours. (TTY and TDD users may call the Federal relay service toll-free at 1-800-877-8339 and ask to be connected to 202-326-4040.) FOR FURTHER INFORMATION CONTACT: Bruce Perlin, Assistant Chief Counsel ([email protected]), 202-326-4020, ext. 6818, or Jon Chatalian, Deputy Assistant Chief Counsel ([email protected]), ext. 6757, Office of the Chief Counsel, Suite 340, 1200 K Street NW., Washington, DC 20005-4026; (TTY/TDD users may call the Federal relay service toll- free at 1-800-877-8339 and ask to be connected to 202-326-4020.) SUPPLEMENTARY INFORMATION: Background The Pension Benefit Guaranty Corporation (PBGC) administers title IV of the Employee Retirement Income Security Act of 1974 (ERISA). Section 4221(a)(1) of ERISA requires ``any dispute'' between an employer and a multiemployer pension plan concerning a withdrawal liability determination to be ``resolved through arbitration.'' In lieu of PBGC's default arbitration procedures, under 29 CFR 4221.14, a withdrawal liability arbitration may be conducted in accordance with an alternative arbitration procedure approved by the PBGC in accordance with Sec. [thinsp]4221.14(c). Under Sec. [thinsp]4221.14(c), the sponsor of an arbitration procedure may request PBGC approval of its procedures by submitting an application to the PBGC. The application must include: (1) A copy of the procedures for which approval is sought; (2) a description of the history, structure and membership of the organization that sponsors the procedures; and (3) a discussion of the reasons why, in the sponsoring organization's opinion, the procedures satisfy the criteria for approval set forth in this section. Under Sec. 4221.14(d), PBGC shall approve an application if it determines that the proposed procedures will be substantially fair to all parties involved in the arbitration of a withdrawal liability dispute and that the sponsoring organization is neutral and able to carry out its role under the procedures. On November 20, 2015, the American Arbitration Association (AAA) requested approval of an Alternative Arbitration Procedure under section 4221 of the Employee Retirement Income Security Act of 1974 and 29 CFR 4221.14. On March 23, 2016, PBGC published notice of AAA's Request for Approval of Alternative Arbitration Procedure to advise interested persons of the request and solicit their views on it (81 FR 15578). The comments that PBGC received in response to AAA's request are available for viewing at: http://www.pbgc.gov/prac/pg/other/guidance/multiemployer-notices.html or https://www.regulations.gov/document?D=PBGC-2016-0001-0001. PBGC provided AAA with an opportunity to respond to the comments submitted in response to AAA's request, as it deemed appropriate. On March 30, 2017, AAA responded to the comments; the response can be viewed at: http://www.pbgc.gov/prac/pg/other/guidance/multiemployer-notices.html. All interested persons are invited to submit written comments to AAA's March 30, 2017 letter. All comments will be made part of the administrative record. Issued in Washington, DC. W. Thomas Reeder, Director, Pension Benefit Guaranty Corporation. [FR Doc. 2017-12149 Filed 6-12-17; 8:45 am] BILLING CODE 7709-02-P
![Federal Register / Vol. 82, No. 112 / Tuesday, June 13, 2017 / Notices 27089
II. Summary of Environmental occurs inside the LCF buildings, and no impact (ADAMS Accession No.
Assessment activities involving land disturbance are ML17153A269). The NRC also spoke
The licensee has identified three planned. Therefore, the NRC staff finds with the Ohio SHPO and consulted by
types of waste to be shipped: Solid that there would be no impacts to the letter dated April 13, 2017 (ADAMS
radioactive, liquid radioactive, and solid following resources areas: Land use, Accession No. ML17102B319). The
geology and soils, water resources, Ohio SHPO responded by letter dated
low level mixed waste (LLMW). The
ecology, meteorology, climate, air May 8, 2017, stating that a finding of No
licensee states that approximately 315
quality, noise, visual and scenic Adverse Effect for the proposed action
waste shipments to NNSS will be
resources, and socioeconomic resources. is appropriate (ADAMS Accession No.
necessary, and anticipates that these The NRC staff evaluated the
shipments will be completed in ML17144A176).
radiological impacts to workers and the
calendar year 2018. public. The staff found that the III. Finding of No Significant Impact
The ACO estimates that projected radiological doses to workers In accordance with the requirements
approximately 180,000 cubic feet (5,097 would be below the dose limits in 10 CFR part 51, the NRC staff has
cubic meters) of Class A solid specified in 10 CFR 20.1201, concluded that the proposed action will
radioactive waste would need to be ‘‘Occupational dose limits to adults,’’ not significantly affect the quality of the
shipped to NNSS. This waste would be and that radiological doses to the public human environment. Therefore, the staff
packaged in Intermodal Freight would be indistinguishable when has determined, pursuant to 10 CFR
Transport and B–25 box containers for compared to background radiation. 51.31, that preparation of an
shipment. The B–25 box containers are The proposed shipments would be environmental impact statement is not
nominally 4 x 4 x 6 feet steel containers made using authorized commercial required for the proposed action, and
with a bolted lid. The licensee also carriers that would travel primarily on that a finding of no significant impact is
plans to ship liquid radioactive waste state highways using well-established appropriate.
consisting of oils removed from LCF routes to the final burial site at NNSS.
process equipment during disassembly. Dated at Rockville, Maryland, this 5th day
The NRC determined that the relatively of June 2017.
Solid LLMW, consisting of various small total number of shipments spread
electronic components from the LCF, For the Nuclear Regulatory Commission.
over an extended period of time, along
would be packaged into B–25 box with the limited duration of the Craig G. Erlanger,
containers for disposal. This solid shipping process, would not Director, Division of Fuel Cycle Safety,
LLMW would first be further processed significantly affect traffic flow. Safeguards, and Environmental Review,
at the EnergySolutions facility in Oak The NRC staff also evaluated the Office of Nuclear Material Safety and
Ridge, Tennessee, to substantially Safeguards.
cumulative impacts by identifying past,
reduce surface exposure to leaching [FR Doc. 2017–12139 Filed 6–12–17; 8:45 am]
present, and reasonably foreseeable
media, before being shipped to NNSS future actions at DOE’s Piketon, Ohio, BILLING CODE 7590–01–P
for disposal. site, and the incremental impacts of
ACO also would transfer unclassified, ACO’s proposed action. The staff
low-level contaminated liquid waste to determined that the proposed action PENSION BENEFIT GUARANTY
a facility on DOE’s Piketon, Ohio, site would not significantly contribute to CORPORATION
for further processing. This unclassified cumulative impacts. The staff also
waste would not be shipped to NNSS. determined that the proposed action Notice of the American Arbitration
The Need for the Proposed Action would not affect federally-listed Association’s Response to Public
endangered or threatened species or Comments Related to the Pending
By letter dated March 2, 2016, the their critical habitats. Request for Approval of an Alternative
licensee notified the NRC of its decision Arbitration Procedure
to permanently cease LCF operations Environmental Impacts of the No-Action
(ADAMS Accession No. ML16074A405). Alternative AGENCY: Pension Benefit Guaranty
In preparation for future As an alternative to the proposed Corporation.
decommissioning of the LCF, ACO is action, the staff considered denial of the ACTION: Notice of the American
packaging its classified matter and proposed action (i.e., the ‘‘no-action’’ Arbitration Association’s response to
waste for transport to the NNSS for alternative). Under the no-action public comments.
permanent burial. alternative, all waste generated by LCF
operations to date would remain onsite. SUMMARY: The Pension Benefit Guaranty
Environmental Impacts of the Proposed Corporation invited the American
Action The no-action alternative does not
comply with commitments made during Arbitration Association to respond to
The NRC staff evaluated the potential licensing or the decommissioning the public comments submitted in
environmental impacts associated with requirements of 10 CFR 70.38. response to its request for approval of an
the proposed action, and has performed Therefore, the NRC staff concludes that Alternative Arbitration Procedure under
its environmental review in accordance leaving all of the LCF the waste onsite section 4221 of the Employee
with the requirements in 10 CFR part 51 is not a reasonable alternative to Retirement Income Security Act of 1974
and associated staff guidance. As approving the proposed action. and PBGC’s default arbitration
detailed in the EA, the staff in preparing procedures. On March 23, 2016, PBGC
the EA reviewed relevant information Agencies and Persons Consulted published notice of the American
nlaroche on DSK30NT082PROD with NOTICES
submitted by the licensee, consulted On May 24, 2017 (ADAMS Accession Arbitration Association’s request in the
with the Ohio State Historic No. ML17111A766), the NRC consulted Federal Register to advise interested
Preservation Office (Ohio SHPO), and with Ohio Department of Health persons of the request and solicit their
received input from the Ohio regarding the environmental impacts of views on it. This notice provides the
Department of Health. the proposed action. The state official public with the American Arbitration
Packaging and preparation of concurred with the environmental Association’s letter response and solicits
classified matter and waste for shipping assessment and finding of no significant public comment on the response.
VerDate Sep<11>2014 14:58 Jun 12, 2017 Jkt 241001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\13JNN1.SGM 13JNN1](https://thefederalregister.org/doc/82_FR_27201/page/1.svg)
![27090 Federal Register / Vol. 82, No. 112 / Tuesday, June 13, 2017 / Notices
DATES: Comments must be received on discussion of the reasons why, in the SECURITIES AND EXCHANGE
or before July 28, 2017. sponsoring organization’s opinion, the COMMISSION
ADDRESSES: Comments may be procedures satisfy the criteria for
[Release No. 34–80879; File No. SR–FICC–
submitted by any of the following approval set forth in this section. Under
2017–010]
methods: § 4221.14(d), PBGC shall approve an
• Federal eRulemaking Portal: http:// application if it determines that the Self-Regulatory Organizations; Fixed
www.regulations.gov. Follow the Web proposed procedures will be Income Clearing Corporation; Notice of
site instructions for submitting substantially fair to all parties involved Designation of Longer Period for
comments. in the arbitration of a withdrawal Commission Action on a Proposed
• Email: reg.comments@pbgc.gov. liability dispute and that the sponsoring Rule Change To Amend the Mortgage-
• Mail or Hand Delivery: Regulatory organization is neutral and able to carry Backed Securities Division Rules
Affairs Group, Office of the General out its role under the procedures. Concerning Use of Clearing Fund for
Counsel, Pension Benefit Guaranty Losses, Liabilities or Temporary Needs
Corporation, 1200 K Street NW., On November 20, 2015, the American
Arbitration Association (AAA) for Funds Incident to the Clearance
Washington, DC 20005–4026. and Settlement Business and Make
Comments received, including personal requested approval of an Alternative
Other Related Changes
information provided, will be posted to Arbitration Procedure under section
www.pbgc.gov. Copies of comments may 4221 of the Employee Retirement June 7, 2017.
also be obtained by writing to Income Security Act of 1974 and 29 CFR On April 11, 2017, Fixed Income
Disclosure Division, Office of the 4221.14. On March 23, 2016, PBGC Clearing Corporation (‘‘FICC’’) filed
General Counsel, Pension Benefit published notice of AAA’s Request for with the Securities and Exchange
Guaranty Corporation, 1200 K Street Approval of Alternative Arbitration Commission (‘‘Commission’’) proposed
NW., Washington, DC 20005–4026 or Procedure to advise interested persons rule change SR–FICC–2017–010
calling 202–326–4040 during normal of the request and solicit their views on pursuant to Section 19(b)(1) of the
business hours. (TTY and TDD users it (81 FR 15578). The comments that Securities Exchange Act of 1934
may call the Federal relay service toll- PBGC received in response to AAA’s (‘‘Act’’) 1 and Rule 19b–4 thereunder.2
free at 1–800–877–8339 and ask to be request are available for viewing at: The proposed rule change was
connected to 202–326–4040.) http://www.pbgc.gov/prac/pg/other/ published for comment in the Federal
FOR FURTHER INFORMATION CONTACT: guidance/multiemployer-notices.html or Register on April 28, 2017.3 The
Bruce Perlin, Assistant Chief Counsel https://www.regulations.gov/ Commission did not receive any
(Perlin.Bruce@PBGC.gov), 202–326– document?D=PBGC-2016-0001-0001. comments on the proposed rule change.
4020, ext. 6818, or Jon Chatalian, Section 19(b)(2) of the Act 4 provides
Deputy Assistant Chief Counsel PBGC provided AAA with an that within 45 days of the publication of
(Chatalian.Jon@PBGC.gov), ext. 6757, opportunity to respond to the comments notice of the filing of a proposed rule
Office of the Chief Counsel, Suite 340, submitted in response to AAA’s request, change, or within such longer period up
1200 K Street NW., Washington, DC as it deemed appropriate. On March 30, to 90 days as the Commission may
20005–4026; (TTY/TDD users may call 2017, AAA responded to the comments; designate if it finds such longer period
the Federal relay service toll-free at 1– the response can be viewed at: http:// to be appropriate and publishes its
800–877–8339 and ask to be connected www.pbgc.gov/prac/pg/other/guidance/ reasons for so finding or as to which the
to 202–326–4020.) multiemployer-notices.html. self-regulatory organization consents,
SUPPLEMENTARY INFORMATION: All interested persons are invited to the Commission shall either approve the
submit written comments to AAA’s proposed rule change, disapprove the
Background proposed rule change, or institute
March 30, 2017 letter.
The Pension Benefit Guaranty proceedings to determine whether the
All comments will be made part of the proposed rule change should be
Corporation (PBGC) administers title IV
of the Employee Retirement Income administrative record. disapproved. The 45th day after
Security Act of 1974 (ERISA). Section Issued in Washington, DC. publication of the notice for this
4221(a)(1) of ERISA requires ‘‘any W. Thomas Reeder, proposed rule change is June 12, 2017.
dispute’’ between an employer and a Director, Pension Benefit Guaranty
The Commission is extending the 45-
multiemployer pension plan concerning Corporation. day time period for Commission action
a withdrawal liability determination to on the proposed rule change. The
[FR Doc. 2017–12149 Filed 6–12–17; 8:45 am]
be ‘‘resolved through arbitration.’’ Commission finds that it is appropriate
BILLING CODE 7709–02–P
In lieu of PBGC’s default arbitration to designate a longer period within
procedures, under 29 CFR 4221.14, a which to take action on the proposed
withdrawal liability arbitration may be rule change so that it has sufficient time
conducted in accordance with an to consider and take action on the
alternative arbitration procedure proposed rule change.
approved by the PBGC in accordance Accordingly, pursuant to Section
with § 4221.14(c). Under § 4221.14(c), 19(b)(2)(A)(ii)(I) of the Act 5 and for the
the sponsor of an arbitration procedure reasons stated above, the Commission
may request PBGC approval of its designates July 27, 2017 as the date by
nlaroche on DSK30NT082PROD with NOTICES
procedures by submitting an application
1 15 U.S.C. 78s(b)(1).
to the PBGC. The application must
2 17 CFR 240.19b–4.
include: (1) A copy of the procedures for 3 Securities Exchange Act Release No. 80517
which approval is sought; (2) a (April 24, 2017), 82 FR 19771 (April 28, 2017) (SR–
description of the history, structure and FICC–2017–010).
membership of the organization that 4 15 U.S.C. 78s(b)(2).
sponsors the procedures; and (3) a 5 15 U.S.C. 78s(b)(2)(A)(ii)(I).
VerDate Sep<11>2014 14:58 Jun 12, 2017 Jkt 241001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\13JNN1.SGM 13JNN1](https://thefederalregister.org/doc/82_FR_27201/page/2.svg)
Document Created: 2017-06-13 00:22:16
Document Modified: 2017-06-13 00:22:16
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of the American Arbitration Association's response to public comments. | |
| Dates | Comments must be received on or before July 28, 2017. | |
| Contact | Bruce Perlin, Assistant Chief Counsel (Perlin.Bruce[email protected]), 202-326-4020, ext. 6818, or Jon Chatalian, Deputy Assistant Chief Counsel ([email protected]), ext. 6757, Office of the Chief Counsel, Suite 340, 1200 K Street NW., Washington, DC 20005-4026; (TTY/TDD users may call the Federal relay service toll- free at 1-800-877-8339 and ask to be connected to 202-326-4020.) | |
| FR Citation | 82 FR 27089 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR