Federal Register / Vol. 83, No. 244 / Thursday, December 20, 2018 / Notices 65369 

that the NRC staff can determine 

whether the request can be 

accommodated. 

Participation in the scoping process 

for the Surry subsequent license 

renewal supplement to the GEIS does 

not entitle participants to become 

parties to the proceeding to which the 

supplement to the GEIS relates. Matters 

related to participation in any hearing 

are outside the scope of matters to be 

discussed at this public meeting. 

Dated at Rockville, Maryland, on December 

17, 2018. 

For the Nuclear Regulatory Commission. 

Eric R. Oesterle, 

Chief, License Renewal Projects Branch, 

Division of Materials and License Renewal, 

Office of Nuclear Reactor Regulation. 

[FR Doc. 2018–27547 Filed 12–19–18; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 55–63784–SP; ASLBP No. 19– 

961–01–SP–BD01] 

Establishment of Atomic Safety and 

Licensing Board: Andres Paez 

Pursuant to delegation by the 

Commission, see 37 FR 28,710; 

December 29, 1972, and the 

Commission’s regulations, see, e.g., 10 

CFR 2.104, 2.105, 2.300, 2.309, 2.313, 

2.318, 2.321, notice is hereby given that 

an Atomic Safety and Licensing Board 

(Board) is being established to preside 

over the following proceeding: 

Andres Paez 

(Denial of Senior Reactor Operator 

License) 

This proceeding concerns a hearing 

request from Andres Paez, dated 

December 5, 2018, in response to an 

examination appeal resolution letter 

from the Office of Nuclear Reactor 

Regulation notifying him that, following 

administrative review, the NRC is in 

agreement with the decision of Region 

II to deny a senior reactor operator 

license for the St. Lucie Station. 

The Board is comprised of the 

following Administrative Judges: 

• William J. Froehlich, Chairman, 

Atomic Safety and Licensing Board 

Panel, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001 

• Ronald M. Spritzer, Atomic Safety 

and Licensing Board Panel, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001 

• Dr. Anthony J. Baratta, Atomic Safety 

and Licensing Board Panel, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001 

All correspondence, documents, and 

other materials shall be filed in 

accordance with the NRC E-Filing rule. 

See 10 CFR 2.302. 

Dated: December 14, 2018, in Rockville, 

Maryland. 

Edward R. Hawkens, 

Chief Administrative Judge, Atomic Safety 

and Licensing Board Panel. 

[FR Doc. 2018–27529 Filed 12–19–18; 8:45 am] 

BILLING CODE 7590–01–P 

PENSION BENEFIT GUARANTY 

CORPORATION 

Approval of Special Withdrawal 

Liability Rules: The United Food and 

Commercial Workers International 

Union—Industry Pension Fund 

AGENCY: Pension Benefit Guaranty 

Corporation. 

ACTION: Notice of approval. 

SUMMARY: The Pension Benefit Guaranty 

Corporation (PBGC) received a request 

from the United Food and Commercial 

Workers International Union—Industry 

Pension Fund for approval of a plan 

amendment providing for special 

withdrawal liability rules. PBGC 

published a Notice of Pendency of the 

Request for Approval of the amendment. 

PBGC is now advising the public that 

the agency has approved the requested 

amendment. 

FOR FURTHER INFORMATION CONTACT: 

Bruce Perlin (Perlin.Bruce@PBGC.gov), 

202–326–4020, ext. 6818 or Elizabeth 

Coleman (Coleman.Elizabeth@

PBGC.gov), ext. 3661, Office of the 

General Counsel, Suite 340, 1200 K 

Street NW, Washington, DC 20005– 

4026; (TTY 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 

Section 4203(a) of the Employee 

Retirement Income Security Act of 1974, 

as amended by the Multiemployer 

Pension Plan Amendments Act of 1980 

(ERISA), provides that a complete 

withdrawal from a multiemployer plan 

generally occurs when an employer 

permanently ceases to have an 

obligation to contribute under the plan 

or permanently ceases all covered 

operations under the plan. Under 

section 4205 of ERISA, a partial 

withdrawal generally occurs when an 

employer: (1) Reduces its contribution 

base units by seventy percent in each of 

three consecutive years; or (2) 

permanently ceases to have an 

obligation under one or more but fewer 

than all collective bargaining 

agreements under which the employer 

has been obligated to contribute under 

the plan, while continuing to perform 

work in the jurisdiction of the collective 

bargaining agreement of the type for 

which contributions were previously 

required or transfers such work to 

another location or to an entity or 

entities owned or controlled by the 

employer; or (3) permanently ceases to 

have an obligation to contribute under 

the plan for work performed at one or 

more but fewer than all of its facilities, 

while continuing to perform work at the 

facility of the type for which the 

obligation to contribute ceased. 

Although the general rules on 

complete and partial withdrawal 

identify events that normally result in a 

diminution of the plan’s contribution 

base, Congress recognized that, in 

certain industries and under certain 

circumstances, a complete or partial 

cessation of the obligation to contribute 

normally does not weaken the plan’s 

contribution base. For that reason, 

Congress established special withdrawal 

rules for the construction and 

entertainment industries. 

For construction industry plans and 

employers, section 4203(b)(2) of ERISA 

provides that a complete withdrawal 

occurs only if an employer ceases to 

have an obligation to contribute under 

a plan and the employer either 

continues to perform previously covered 

work in the jurisdiction of the collective 

bargaining agreement or resumes such 

work within 5 years without renewing 

the obligation to contribute at the time 

of resumption. In the case of a plan 

terminated by mass withdrawal (within 

the meaning of section 4041(A)(2) of 

ERISA), section 4203(b)(3) provides that 

the 5-year restriction on an employer’s 

resuming covered work is reduced to 3 

years. Section 4203(c)(1) of ERISA 

applies the same special definition of 

complete withdrawal to the 

entertainment industry, except that the 

pertinent jurisdiction is the jurisdiction 

of the plan rather than the jurisdiction 

of the collective bargaining agreement. 

In contrast, the general definition of 

complete withdrawal in section 4203(a) 

of ERISA includes the permanent 

cessation of the obligation to contribute 

regardless of the continued activities of 

the withdrawn employer. 

Congress also established special 

partial withdrawal liability rules for the 

construction and entertainment 

industries. Under section 4208(d)(1) of 

ERISA, ‘‘[a]n employer to whom section 

4203(b) (relating to the building and 


khammond on DSK30JT082PROD with NOTICES