83 FR 55916 - Sunshine Act Meeting
POSTAL REGULATORY COMMISSION Federal Register Volume 83, Issue 217 (November 8, 2018)
Federal Register Volume 83, Issue 217 (November 8, 2018)
| Page Range | 55916-55917 | |
| FR Document | 2018-24617 |
[Federal Register Volume 83, Number 217 (Thursday, November 8, 2018)] [Notices] [Pages 55916-55917] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-24617] ======================================================================= ----------------------------------------------------------------------- POSTAL REGULATORY COMMISSION Sunshine Act Meeting TIME AND DATE: December 17, 2018, at 11 a.m. PLACE: Commission hearing room, 901 New York Avenue NW, Suite 200, Washington, DC 20268-0001. STATUS: The Postal Regulatory Commission will hold a public meeting to discuss the agenda items outlined below. Part of the meeting will be open to the public as well as live audio cast [[Page 55917]] via telephone, and the dial in number will be posted on the Commission's website at http://www.prc.gov. Part of the meeting will be closed. MATTERS TO BE CONSIDERED: The agenda for the Commission's December 17, 2018 meeting includes the items identified below. Portions Open to the Public 1. Report from the Office of Public Affairs and Government Relations. 2. Report from the Office of General Counsel. 3. Report from the Office of Accountability and Compliance. 4. Report from the Office of the Secretary and Administration. 5. Commissioners Vote to designate the Vice-Chairman of the Commission for calendar year 2019 pursuant to 39 U.S.C. 502(e). Portions Closed to the Public 6. Discussion of pending litigation. CONTACT PERSON FOR MORE INFORMATION: David A. Trissell, General Counsel, Postal Regulatory Commission, 901 New York Avenue NW, Suite 200, Washington, DC 20268-0001, at 202-789-6820 (for agenda-related inquiries) and Stacy L. Ruble, Secretary of the Commission, at 202-789- 6800 or [email protected] (for inquiries related to meeting location, changes in date or time of the meeting, access for handicapped or disabled persons, the live-webcast, or similar matters). The Commission's website may also provide information on changes in the date or time of the meeting. By direction of the Commission. Stacy L. Ruble, Secretary. [FR Doc. 2018-24617 Filed 11-6-18; 4:15 pm] BILLING CODE 7710-FW-P
![55916 Federal Register / Vol. 83, No. 217 / Thursday, November 8, 2018 / Notices
preceding the year in which the sale Under § 4204.22 of the regulation, directly from common revenues related
occurred (the amount of the bond or PBGC shall approve a request for a to the All-Star Game, post-season games,
escrow is doubled if the plan is in variance or exemption if it determines certain media rights and other common
reorganization in the year in which the that approval of the request is revenues (collectively, the ‘‘Revenues’’).
sale occurred); and warranted, in that it: (1) Would more 7. In support of the exemption
(C) the contract of sale provides that effectively or equitably carry out the request, the requester asserts that, ‘‘the
if the purchaser withdraws from the purposes of Title IV of the Act; and (2) Plan is funded from the Central Fund
plan within the first five plan years would not significantly increase the risk that is maintained and administered by
beginning after the sale and fails to pay of financial loss to the plan. the Commissioner of Baseball.’’ Major
any of its liability to the plan, the seller Section 4204(c) of ERISA and League Baseball pays contributions
shall be secondarily liable for the § 4204.22(b) of the regulation require directly to the Plan from the Central
liability it (the seller) would have had PBGC to publish a notice of the Fund. Further, the requester asserts that,
but for section 4204. pendency of a request for a variance or ‘‘the Plan enjoys a substantial degree of
The bond or escrow described above exemption in the Federal Register, and security with respect to contributions on
would be paid to the plan if the to provide interested parties with an behalf of the Clubs. A change in
purchaser withdraws from the plan or opportunity to comment on the ownership of a Club does not affect the
fails to make any required contributions proposed variance or exemption. PBGC obligation of the Central Fund to fund
to the plan within the first five plan received no comments on the request for the Plan. As such, approval of this
years beginning after the sale. exemption. exemption request would not increase
Additionally, section 4204(b)(1) The Decision the risk of financial loss to the Plan.’’
provides that if a sale of assets is 8. A complete copy of the request was
covered by section 4204, the purchaser On June 6, 2018, PBGC published a sent to the Plan and to the Major League
assumes by operation of law the notice of the pendency of a request by Baseball Players Association by certified
contribution record of the seller for the Marlins Holdings LLC (the ‘‘Purchaser’’) mail, return receipt requested.
plan year in which the sale occurred for an exemption from the bond/escrow Based on the facts of this case and the
and the preceding four plan years. requirement of section 4204(a)(1)(B) representations and statements made in
with respect to its purchase of the connection with the request for an
Section 4204(c) of ERISA authorizes
Miami Marlins Major League Baseball exemption, PBGC has determined that
the Pension Benefit Guaranty
franchise from Miami Marlins, L.P., LLC an exemption from the bond/escrow
Corporation (‘‘PBGC’’) to grant
(the ‘‘Seller’’). According to the request, requirement is warranted, in that it
individual or class variances or
the Purchaser represents among other would more effectively carry out the
exemptions from the purchaser’s bond/
things that: purposes of title IV of ERISA and would
escrow requirement of section 1. The Seller was obligated to
4204(a)(1)(B) when warranted. The not significantly increase the risk of
contribute to the Major League Baseball financial loss to the Plan. Therefore,
legislative history of section 4204 Players Benefit Plan (the ‘‘Plan’’) for
indicates a Congressional intent that the PBGC hereby grants the request for an
certain employees of the sold exemption for the bond/escrow
sales rules be administered in a manner operations.
that assures protection of the plan with requirement. The granting of an
2. The Purchaser has agreed to assume exemption or variance from the bond/
the least practicable intrusion into the obligation to contribute to the Plan
normal business transactions. Senate escrow requirement of section
for substantially the same number of 4204(a)(1)(B) does not constitute a
Committee on Labor and Human contribution base units as the Seller.
Resources, 96th Cong., 2nd Sess., S. finding by PBGC that the transaction
3. The Seller has agreed to be satisfies the other requirements of
1076, The Multiemployer Pension Plan secondarily liable for any withdrawal
Amendments Act of 1980: Summary section 4204(a)(1). The determination of
liability it would have had with respect whether the transaction satisfies such
and Analysis of Considerations 16 to the sold operations (if not for section
(Comm. Print, April 1980); 128 Cong. other requirements is a determination to
4204) should the Purchaser withdraw be made by the Plan sponsor.
Rec. S10117 (July 29, 1980). The from the Plan and fail to pay its
granting of an exemption or variance withdrawal liability. Issued in Washington, DC.
from the bond/escrow requirement does 4. The estimated amount of the William Reeder,
not constitute a finding by PBGC that a withdrawal liability of the Seller with Director, Pension Benefit Guaranty
particular transaction satisfies the other respect to the operations subject to the Corporation.
requirements of section 4204(a)(1). sale is $19,169,342. [FR Doc. 2018–24406 Filed 11–7–18; 8:45 am]
Under PBGC’s regulation on variances 5. The amount of the bond/escrow BILLING CODE 7709–02–P
for sales of assets (29 CFR part 4204), a established under section 4204(a)(1)(B)
request for a variance or waiver of the is $4,781,000.
bond/escrow requirement under any of 6. Major League Baseball has a unique POSTAL REGULATORY COMMISSION
the tests established in the regulation structure in which the Plan is funded
(§§ 4204.12 & 4204.13) is to be made to from the Major League Central Fund Sunshine Act Meeting
the plan in question. PBGC will (the ‘‘Central Fund’’), maintained and
consider waiver requests only when the administered by the Commissioner of TIME AND DATE: December 17, 2018, at 11
request is not based on satisfaction of Baseball. Under this structure, a.m.
one of the three regulatory tests or when contributions to the Plan for all PLACE: Commission hearing room, 901
daltland on DSKBBV9HB2PROD with NOTICES
the parties assert that the financial participating employers are paid by the New York Avenue NW, Suite 200,
information necessary to show Office of the Commissioner of Baseball Washington, DC 20268–0001.
satisfaction of one of the regulatory tests from the Central Fund on behalf of each STATUS: The Postal Regulatory
is privileged or confidential financial participating employer in satisfaction of Commission will hold a public meeting
information within the meaning of 5 the employer’s pension liability under to discuss the agenda items outlined
U.S.C. 552(b)(4) of the Freedom of the Plan’s funding agreement. The below. Part of the meeting will be open
Information Act. monies in the Central Fund are derived to the public as well as live audio cast
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![Federal Register / Vol. 83, No. 217 / Thursday, November 8, 2018 / Notices 55917
via telephone, and the dial in number www.prc.gov. Those who cannot submit 39 CFR part 3020, subpart B. Comment
will be posted on the Commission’s comments electronically should contact deadline(s) for each request appear in
website at http://www.prc.gov. Part of the person identified in the FOR FURTHER section II.
the meeting will be closed. INFORMATION CONTACT section by
II. Docketed Proceeding(s)
MATTERS TO BE CONSIDERED: The agenda telephone for advice on filing
for the Commission’s December 17, alternatives. 1. Docket No(s).: CP2015–123; Filing
2018 meeting includes the items FOR FURTHER INFORMATION CONTACT:
Title: USPS Notice of Amendment to
identified below. David A. Trissell, General Counsel, at Priority Mail Express & Priority Mail
202–789–6820. Contract 20, filed Under Seal; Filing
Portions Open to the Public Acceptance Date: November 2, 2018,
SUPPLEMENTARY INFORMATION:
1. Report from the Office of Public 2018; Filing Authority: 39 U.S.C. 3642,
Affairs and Government Relations. Table of Contents 39 CFR 3020.30 et seq., and 39 CFR
2. Report from the Office of General 3015.5; Public Representative:
I. Introduction
Counsel. II. Docketed Proceeding(s) Christopher C. Mohr; Comments Due:
3. Report from the Office of November 13, 2018.
Accountability and Compliance. I. Introduction This Notice will be published in the
4. Report from the Office of the The Commission gives notice that the Federal Register.
Secretary and Administration. Postal Service filed request(s) for the
5. Commissioners Vote to designate the Stacy L. Ruble,
Commission to consider matters related Secretary.
Vice-Chairman of the Commission to negotiated service agreement(s). The
for calendar year 2019 pursuant to [FR Doc. 2018–24444 Filed 11–7–18; 8:45 am]
request(s) may propose the addition or
39 U.S.C. 502(e). removal of a negotiated service BILLING CODE 7710–FW–P
Portions Closed to the Public agreement from the market dominant or
the competitive product list, or the
6. Discussion of pending litigation. POSTAL REGULATORY COMMISSION
modification of an existing product
CONTACT PERSON FOR MORE INFORMATION: currently appearing on the market [Docket No. CP2015–61; Order No. 4870]
David A. Trissell, General Counsel, dominant or the competitive product
Postal Regulatory Commission, 901 New list. New Postal Products
York Avenue NW, Suite 200, Section II identifies the docket
Washington, DC 20268–0001, at 202– AGENCY: Postal Regulatory Commission.
number(s) associated with each Postal
789–6820 (for agenda-related inquiries) ACTION: Notice.
Service request, the title of each Postal
and Stacy L. Ruble, Secretary of the Service request, the request’s acceptance SUMMARY: The Commission is revising
Commission, at 202–789–6800 or date, and the authority cited by the the comment due date.
stacy.ruble@prc.gov (for inquiries Postal Service for each request. For each
related to meeting location, changes in DATES: Comments are due: November 5,
request, the Commission appoints an
date or time of the meeting, access for 2018.
officer of the Commission to represent
handicapped or disabled persons, the the interests of the general public in the ADDRESSES: Submit comments
live-webcast, or similar matters). The proceeding, pursuant to 39 U.S.C. 505 electronically via the Commission’s
Commission’s website may also provide (Public Representative). Section II also Filing Online system at http://
information on changes in the date or establishes comment deadline(s) www.prc.gov. Those who cannot submit
time of the meeting. pertaining to each request. comments electronically should contact
By direction of the Commission. The public portions of the Postal the person identified in the FOR FURTHER
Service’s request(s) can be accessed via INFORMATION CONTACT section by
Stacy L. Ruble,
the Commission’s website (http:// telephone for advice on filing
Secretary. alternatives.
[FR Doc. 2018–24617 Filed 11–6–18; 4:15 pm]
www.prc.gov). Non-public portions of
the Postal Service’s request(s), if any, FOR FURTHER INFORMATION CONTACT:
BILLING CODE 7710–FW–P
can be accessed through compliance David A. Trissell, General Counsel, at
with the requirements of 39 CFR 202–789–6820.
POSTAL REGULATORY COMMISSION 3007.301.1 SUPPLEMENTARY INFORMATION:
The Commission invites comments on
[Docket No. CP2015–123] whether the Postal Service’s request(s) Table of Contents
in the captioned docket(s) are consistent I. Introduction
New Postal Product with the policies of title 39. For
request(s) that the Postal Service states In Order No. 2480, the Commission
AGENCY: Postal Regulatory Commission.
concern market dominant product(s), approved the Priority Mail Express &
ACTION: Notice. Priority Mail Contract 18 negotiated
applicable statutory and regulatory
SUMMARY: The Commission is noticing a requirements include 39 U.S.C. 3622, 39 service agreement (Existing
recent Postal Service filing for the U.S.C. 3642, 39 CFR part 3010, and 39 Agreement).1 On October 29, 2018, the
Commission’s consideration concerning CFR part 3020, subpart B. For request(s) Postal Service filed notice that it has
a negotiated service agreement. This that the Postal Service states concern agreed to the Amendment to the
notice informs the public of the filing, competitive product(s), applicable Existing Agreement.2 On October 30,
daltland on DSKBBV9HB2PROD with NOTICES
invites public comment, and takes other statutory and regulatory requirements
1 See Docket Nos. MC2015–49 and CP2015–61,
administrative steps. include 39 U.S.C. 3632, 39 U.S.C. 3633, Order Adding Priority Mail Express & Priority Mail
DATES: Comments are due: November 39 U.S.C. 3642, 39 CFR part 3015, and Contract 18 to the Competitive Product List, May
13, 2018. 12, 2015 (Order No. 2480).
1 See Docket No. RM2018–3, Order Adopting 2 USPS Notice of Amendment to Priority Mail
ADDRESSES: Submit comments
Final Rules Relating to Non-Public Information, Express & Priority Mail Contract 18, Filed Under
electronically via the Commission’s June 27, 2018, Attachment A at 19–22 (Order No. Seal, October 29, 2018 (Notice). The amendment is
Filing Online system at http:// 4679). an attachment to the Notice (Amendment).
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Document Created: 2018-11-08 06:23:03
Document Modified: 2018-11-08 06:23:03
| 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 | |
| Dates | December 17, 2018, at 11 a.m. | |
| FR Citation | 83 FR 55916 |
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