45996 Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices 

references a construction permit or a 10 

CFR part 52 combined license applicant 

references a license (e.g., an early site 

permit) and/or NRC regulatory approval 

(e.g., a design certification rule) for 

which specified issue finality provisions 

apply. 

The NRC staff does not, at this time, 

intend to impose the positions 

represented in this draft SRP section in 

a manner that constitutes backfitting or 

is inconsistent with any issue finality 

provision of 10 CFR part 52. If, in the 

future, the staff seeks to impose a 

position in this draft SRP section in a 

manner that would constitute 

backfitting or be inconsistent with these 

issue finality provisions, the NRC staff 

must make the showing as set forth in 

the Backfit rule or address the 

regulatory criteria set forth in the 

applicable issue finality provision, as 

applicable, that would allow the staff to 

impose the position. 

3. The NRC staff has no intention to 

impose the SRP positions on existing 

nuclear power plant licensees either 

now or in the future (absent a voluntary 

request for a change from the licensee, 

holder of a regulatory approval or a 

design certification applicant). 

The NRC staff does not intend to 

impose or apply the positions described 

in the draft SRP to existing (already 

issued) licenses (e.g., operating licenses 

and combined licenses) and regulatory 

approvals. Hence, the issuance of this 

SRP guidance—even if considered 

guidance subject to the Backfit Rule or 

the issue finality provisions in 10 CFR 

part 52—would not need to be evaluated 

as if it were a backfit or as being 

inconsistent with these issue finality 

provisions. If, in the future, the NRC 

staff seeks to impose a position in the 

SRP on holders of already issued 

licenses in a manner that would 

constitute backfitting or does not 

provide issue finality as described in the 

applicable issue finality provision, then 

the staff must make a showing as set 

forth in the Backfit Rule or address the 

criteria set forth in the applicable issue 

finality provision, as applicable, that 

would allow the staff to impose the 

position. 

Dated at Rockville, Maryland, this 6th day 

of September 2018. 

For the Nuclear Regulatory Commission. 

Jennivine K. Rankin, 

Acting Chief, Licensing Branch 3, Division 

of Licensing, Siting, and Environmental 

Analysis, Office of New Reactors. 

[FR Doc. 2018–19685 Filed 9–10–18; 8:45 am] 

BILLING CODE 7590–01–P 

PENSION BENEFIT GUARANTY 

CORPORATION 

Submission of Information Collections 

for OMB Review; Comment Request; 

Multiemployer Plan Regulations 

AGENCY: Pension Benefit Guaranty 

Corporation. 

ACTION: Notice of request for OMB 

approval. 

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 collections 

of information in PBGC’s regulations on 

multiemployer plans. This notice 

informs the public of PBGC’s request 

and solicits public comment on the 

collections of information. 

DATES: Comments must be submitted by 

October 11, 2018. 

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. 

A copy of the request will be posted 

on PBGC’s website at https://

www.pbgc.gov/prac/laws-andregulations/information-collectionsunder-omb-review. It may also be 

obtained without charge by writing to 

the Disclosure Division of the Office of 

the General Counsel, 1200 K Street NW, 

Washington, DC 20005–4026, faxing a 

request to 202–326–4042, or calling 

202–326–4040 during normal business 

hours (TTY users may call the Federal 

relay service toll-free at 1–800–877– 

8339 and ask to be connected to 202– 

326–4040). The Disclosure Division will 

email, fax, or mail the information to 

you, as you request. 

FOR FURTHER INFORMATION CONTACT: 

Hilary Duke (duke.hilary@pbgc.gov), 

Assistant General Counsel for 

Regulatory Affairs, Office of the General 

Counsel, Pension Benefit Guaranty 

Corporation, 1200 K Street NW, 

Washington, DC 20005–4026, 202–326– 

4400, extension 3839. (TTY users may 

call the Federal relay service toll-free at 

1–800–877–8339 and ask to be 

connected to 202–326–4400, extension 

3839.) 

SUPPLEMENTARY INFORMATION: OMB has 

approved and issued control numbers 

for three collections of information in 

PBGC’s regulations relating to 

multiemployer plans under the 

Employee Retirement Income Security 

Act of 1974 (ERISA). These collections 

of information are described below. 

OMB approvals for these collections of 

information expire November 30, 2018. 

On July 6, 2018, PBGC published (at 83 

FR 31574) a notice of its intent to 

request that OMB extend approval of 

these collections of information. No 

comments were received. PBGC is 

requesting that OMB extend its approval 

of these collections of information for 

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. 

1. Termination of Multiemployer Plans 

(29 CFR Part 4041A) (OMB Control 

Number 1212–0020) (Expires November 

30, 2018) 

Section 4041A(f)(2) of ERISA 

authorizes PBGC to prescribe reporting 

requirements and other rules and 

standards for administering terminated 

multiemployer plans. Section 4041A(c) 

and (f)(1) of ERISA prohibit the payment 

by a mass-withdrawal-terminated plan 

of lump sums greater than $1,750 or of 

nonvested plan benefits unless 

authorized by PBGC. 

The regulation requires the plan 

sponsor of a terminated plan to submit 

a notice of termination to PBGC. It also 

requires the plan sponsor of a masswithdrawal-terminated plan that is 

closing out to give notices to 

participants regarding the election of 

alternative forms of benefit distribution 

and, if the plan is not closing out, to 

obtain PBGC approval to pay lump sums 

greater than $1,750 or to pay nonvested 

plan benefits. 

PBGC uses the information in a notice 

of termination to assess the likelihood 

that PBGC financial assistance will be 

needed. Plan participants and 

beneficiaries use the information on 

alternative forms of benefit to make 

personal financial decisions. PBGC uses 

the information in an application for 

approval to pay lump sums greater than 

$1,750 or to pay nonvested plan benefits 

to determine whether such payments 

should be permitted. 

PBGC estimates that each year plan 

sponsors submit notices of termination 

for ten plans, distribute election notices 

to participants in three of those plans, 

and submit requests to pay benefits or 

benefit forms not otherwise permitted 

for one of those plans. The estimated 

annual burden of the collection of 

information is 69 hours and $50,000. 

2. Notice of Insolvency (29 CFR Part 

4245) (OMB Control Number 1212– 

0033) (Expires November 30, 2018) 

Section 4245(e) of ERISA requires two 

types of notice: A ‘‘notice of 


daltland on DSKBBV9HB2PROD with NOTICES
Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices 45997 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3Market Makers shall not be considered 

Appointed OFPs for the purpose of becoming an 

Affiliated Entity. 

insolvency,’’ stating a plan sponsor’s 

determination that the plan is or may 

become insolvent, and a ‘‘notice of 

insolvency benefit level,’’ stating the 

level of benefits that will be paid during 

an insolvency year. The recipients of 

these notices are PBGC, contributing 

employers, employee organizations 

representing participants, and 

participants and beneficiaries. 

The regulation establishes the 

procedure for complying with these 

notice requirements. PBGC uses the 

information submitted to estimate cash 

needs for financial assistance to 

troubled plans. The collective 

bargaining parties use the information to 

decide whether additional plan 

contributions will be made to avoid the 

insolvency and consequent benefit 

suspensions. Plan participants and 

beneficiaries use the information in 

personal financial decisions. 

PBGC estimates that at most one plan 

sponsor of an ongoing plan gives notices 

each year under this regulation. The 

estimated annual burden of the 

collection of information is 20 hours 

and $12,000. 

3. Duties of Plan Sponsor Following 

Mass Withdrawal (29 CFR Part 4281) 

(OMB Control Number 1212–0032) 

(Expires November 30, 2018) 

Section 4281 of ERISA provides rules 

for plans that have terminated by mass 

withdrawal. Under section 4281, if 

nonforfeitable benefits exceed plan 

assets, the plan sponsor must amend the 

plan to reduce benefits. If the plan 

nevertheless becomes insolvent, the 

plan sponsor must suspend certain 

benefits that cannot be paid. If available 

resources are inadequate to pay 

guaranteed benefits, the plan sponsor 

must request financial assistance from 

PBGC. 

The regulation requires a plan 

sponsor to give notices of benefit 

reduction, notices of insolvency, and 

notices of insolvency benefit level to 

PBGC and to participants and 

beneficiaries and, if necessary, to apply 

to PBGC for financial assistance. 

PBGC uses the information it receives 

to make determinations required by 

ERISA, to identify and estimate the cash 

needed for financial assistance to 

terminated plans, and to verify the 

appropriateness of financial assistance 

payments. Plan participants and 

beneficiaries use the information to 

make personal financial decisions. 

PBGC estimates that plan sponsors of 

terminated plans each year will give 

benefit reduction notices for 1 plan, 

notices of insolvency for 10 plans, and 

notices of insolvency benefit level for 55 

plans. PBGC also estimates that plan 

sponsors each year will file initial 

requests for financial assistance for 10 

plans and will submit 300 non-initial 

applications for financial assistance. 

The estimated annual burden of the 

collection of information is 1,300 hours 

and $615,400. 

Issued in Washington, DC. 

Hilary Duke, 

Assistant General Counsel for Regulatory 

Affairs, Pension Benefit Guaranty 

Corporation. 

[FR Doc. 2018–19657 Filed 9–10–18; 8:45 am] 

BILLING CODE 7709–02–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–84035; File No. SR–ISE– 

2018–76] 

Self-Regulatory Organizations; Nasdaq 

ISE, LLC; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change To Amend the 

Exchange’s Schedule of Fees To 

Permit Certain Affiliated Market 

Participants To Aggregate Volume and 

Qualify for Various Pricing Incentives 

September 5, 2018. 

Pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934 

(‘‘Act’’),1 and Rule 19b–4 thereunder,2

notice is hereby given that on August 

24, 2018, Nasdaq ISE, LLC (‘‘ISE’’ or 

‘‘Exchange’’) filed with the Securities 

and Exchange Commission 

(‘‘Commission’’) the proposed rule 

change as described in Items I, II, and 

III, below, which Items have been 

prepared by the Exchange. The 

Commission is publishing this notice to 

solicit comments on the proposed rule 

change from interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange proposes to amend the 

Exchange’s Schedule of Fees to permit 

certain affiliated market participants to 

aggregate volume and qualify for various 

pricing incentives. 

The text of the proposed rule change 

is available on the Exchange’s website at 

http://ise.cchwallstreet.com/, at the 

principal office of the Exchange, and at 

the Commission’s Public Reference 

Room. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, the 

Exchange included statements 

concerning the purpose of and basis for 

the proposed rule change and discussed 

any comments it received on the 

proposed rule change. The text of these 

statements may be examined at the 

places specified in Item IV below. The 

Exchange has prepared summaries, set 

forth in sections A, B, and C below, of 

the most significant aspects of such 

statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The purpose of the proposed rule 

change is to permit certain affiliated 

market participants to aggregate volume 

and qualify for various pricing 

incentives. Specifically, the Exchange 

proposes to permit Affiliated Entities to 

aggregate their Complex Order volume 

for purposes of calculating Priority 

Customer Rebates in Section II of the 

Schedule of Fees. 

Preface 

The Exchange is proposing to add the 

following new defined terms to the 

Preface of the Schedule of Fees, 

‘‘Affiliated Entity,’’ ‘‘Appointed Market 

Maker,’’ ‘‘Appointed OFP,’’ and ‘‘Order 

Flow Provider.’’ The Exchange also 

proposes to alphabetize the current 

definitions. 

Affiliated Entity 

The term ‘‘Appointed Market Maker’’ 

is proposed to be defined as a Market 

Maker who has been appointed by an 

Order Flow Provider (‘‘OFP’’) for 

purposes of qualifying as an Affiliated 

Entity. An OFP is separately proposed 

to be defined as any Member, other than 

a Market Maker, that submits orders, as 

agent or principal, to the Exchange.3

The Exchange proposes to define the 

term ‘‘Appointed OFP’’ as an OFP who 

has been appointed by a Market Maker 

for purposes of qualifying as an 

Affiliated Entity. The Exchange 

proposes to define the term ‘‘Affiliated 

Entity’’ as a relationship between an 

Appointed Market Maker and an 

Appointed OFP for purposes of 

qualifying for certain pricing as 

specified in the Schedule of Fees. In 

order to become an Affiliated Entity, 


daltland on DSKBBV9HB2PROD with NOTICES