9114 Federal Register / Vol. 74, No. 39 / Monday, March 2, 2009 / Notices 

SUMMARY: The Nuclear Regulatory 

Commission’s (NRC’s) Office of Federal 

and State Materials and Environmental 

Management Programs (FSME) is 

announcing the availability of NUREG– 

1814, Revision 2, ‘‘Status of 

Decommissioning Program—2008 

Annual Report.’’ This NUREG provides 

a comprehensive overview of the NRC’s 

decommissioning program. Its purpose 

is to provide a stand-alone reference 

document, which describes the 

decommissioning process and 

summarizes the current status of all 

decommissioning activities including 

the decommissioning of complex 

decommissioning sites, commercial 

reactors, research and test reactors, 

uranium mill tailings facilities, and fuel 

cycle facilities. In addition, this report 

discusses accomplishments in the 

decommissioning program since 

publication of the 2007 Annual Report 

(SECY–07–0209); identifies the key 

decommissioning program issues, 

which the staff will address in fiscal 

year 2009; and provides information 

Agreement States have supplied on 

decommissioning in their States. 

ADDRESSES: NUREG–1814, Revision 2, is 

available for inspection and copying for 

a fee at the Commission’s Public 

Document Room, U.S. NRC’s 

Headquarters Building, 11555 Rockville 

Pike (First Floor), Rockville, Maryland. 

The Public Document Room is open 

from 7:45 a.m. to 4:15 p.m., Monday 

through Friday, except on Federal 

holidays. NUREG–1814, Revision 2, also 

is available electronically from the 

ADAMS Electronic Reading Room on 

the NRC Web site at: http:// 

www.nrc.gov/reading-rm/adams.html, 

and on the NRC Web site at: http:// 

www.nrc.gov/reading-rm/doc-collection. 

Copies of NUREG–1814, Revision 2, 

also may be purchased from one of these 

two sources: (1) The Superintendent of 

Documents, U.S. Government Printing 

Office, Mail Stop: SSOP, Washington, 

DC 20402–0001; Internet: http:// 

bookstore.gpo.gov/; telephone: 202– 

512–1800; fax: 202–512–2250; or (2) The 

National Technical Information Service, 

Springfield, VA 22161–0002, Internet: 

http://www.ntis.gov; telephone 1–800– 

553–6847 or, locally, 703–605–6000. 

FOR FURTHER INFORMATION, CONTACT: Mr. 

Richard Chang, Mail Stop: T–8F5, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001. 

Telephone: (301) 415–7188; Internet: 

richard.chang@nrc.gov. 

Small Business Regulatory Enforcement 

Fairness Act 

In accordance with the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, the NRC has 

determined that this action is not a rule 

and has verified this determination with 

the NRC’s Office of the General Counsel. 

Dated at Rockville, MD, this 23 day of 

February, 2009. 

For the Nuclear Regulatory Commission. 

Keith I. McConnell, 

Deputy Director, Decommissioning and 

Uranium Recovery Licensing Directorate, 

Division of Waste Management and 

Environmental Protection, Office of Federal 

and State Materials and Environmental 

Management Programs. 

[FR Doc. E9–4331 Filed 2–27–09; 8:45 am] 

BILLING CODE 7590–01–P 

PENSION BENEFIT GUARANTY 

CORPORATION 

Pendency of Request for Approval of 

Special Withdrawal Liability Rules; 

Service Employees International Union 

Local 1 Pension Trust Fund 

AGENCY: Pension Benefit Guaranty 

Corporation. 

ACTION: Notice of pendency of request. 

SUMMARY: The Pension Benefit Guaranty 

Corporation (‘‘PBGC’’) has received a 

request from the Service Employees 

International Union Local 1 Pension 

Trust Fund for approval of a plan 

amendment providing for special 

withdrawal liability rules. Under 

section 4203(f) of the Employee 

Retirement Income Security Act of 1974 

and the PBGC’s regulation on Extension 

of Special Withdrawal Liability Rules, a 

multiemployer pension plan may, with 

PBGC approval, be amended to provide 

for special withdrawal liability rules 

similar to those that apply to the 

construction and entertainment 

industries. Such approval is granted 

only if the PBGC determines that the 

plan amendment will be used in an 

industry with characteristics that would 

make use of the special rules 

appropriate and that the plan 

amendment would not pose a 

significant risk to the PBGC. This notice 

advises interested persons of the 

pendency of this request and invites 

public comment. 

DATES: Comments must be submitted by 

April 16, 2009. 

ADDRESSES: Comments may be mailed to 

the Office of the Chief Counsel, Pension 

Benefit Guaranty Corporation, 1200 K 

Street, NW., Washington, DC 20005– 

4026, or delivered to Suite 340 at the 

above address. Comments also may be 

submitted electronically through the 

PBGC’s Web site at http:// 

reg.comments@pbgc.gov or by fax to 

202–326–4112. Copies of the request for 

approval and any comments may be 

obtained by writing to the PBGC’s 

Communications and Public Affairs 

Department at Suite 1200 at the above 

address or by visiting that office 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.) Copies of 

the PBGC’s regulation on Extension of 

Special Withdrawal Liability Rules (29 

CFR part 4203) and of the originating 

request for approval may be accessed 

through the PBGC’s Web site (http:// 

www.pbgc.gov). 

FOR FURTHER INFORMATION CONTACT: Eric 

Field, Attorney, Office of the Chief 

Counsel, Pension Benefit Guaranty 

Corporation, 1200 K Street, NW., 

Washington, DC 20005–4026; telephone 

202–326–4020. (TTY and TDD users 

may call the Federal relay service tollfree at 1–800–877–8339 and ask to be 

connected to 202–326–4020). 

SUPPLEMENTARY INFORMATION: 

Background 

Under section 4203(a) of ERISA, 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 to contribute under one or 

more but fewer than all collective 

bargaining agreements under which the 

employer has been obligated to 

contribute under the plan, while either 

continuing to perform work in the 

jurisdiction of the collective bargaining 

agreement of the type for which 

contributions were previously required 

or transferring 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 are 

based on 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 


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Federal Register / Vol. 74, No. 39 / Monday, March 2, 2009 / Notices 9115 

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

2 17 CFR 240.19b–4. 

does not normally 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 five years without 

renewing the obligation to contribute at 

the time of resumption. 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 defines a withdrawal to 

include 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 

construction industry) applies is liable 

for a partial withdrawal only if the 

employer’s obligation to contribute 

under the plan is continued for no more 

than an insubstantial portion of its work 

in the craft and area jurisdiction of the 

collective bargaining agreement of the 

type for which contributions are 

required.’’ Under section 4208(d)(2) of 

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

4203(c) (relating to the entertainment 

industry) applies shall have no liability 

for a partial withdrawal except under 

the conditions and to the extent 

prescribed by the [PBGC] by 

regulation.’’ 

Section 4203(f) of ERISA provides 

that the PBGC may prescribe regulations 

under which plans in other industries 

may be amended to provide for special 

withdrawal liability rules similar to the 

rules prescribed in section 4203(b) and 

(c) of ERISA. Section 4203(f)(2) of 

ERISA provides that such regulations 

shall permit the use of special 

withdrawal liability rules only in 

industries (or portions thereof) in which 

the PBGC determines that the 

characteristics that would make use of 

such rules appropriate are clearly 

shown, and that the use of such rules 

would not pose a significant risk to the 

insurance system under Title IV of 

ERISA. Section 4208(e)(3) of ERISA 

provides that the PBGC shall prescribe 

by regulation a procedure by which 

plans may be amended to adopt special 

partial withdrawal liability rules upon a 

finding by the PBGC that the adoption 

of such rules is consistent with the 

purposes of Title IV of ERISA. 

The PBGC’s regulation, Extension of 

Special Withdrawal Liability Rules (29 

CFR part 4203), prescribes procedures 

whereby a multiemployer plan may ask 

PBGC to approve a plan amendment 

that establishes special complete or 

partial withdrawal liability rules. The 

regulation may be accessed on the 

PBGC’s Web site (http://www.pbgc.gov). 

Request 

The PBGC has received a request from 

the Service Employees International 

Union Local 1 Pension Trust Fund 

(‘‘Local 1 Plan’’) for approval of a plan 

amendment providing for special 

withdrawal liability rules. A copy of the 

originating request, and PBGC’s 

summary of the actuarial reports that 

the plan provided, may be accessed on 

the PBGC’s Web site (http:// 

www.pbgc.gov). A copy of the complete 

filing may be requested from the PBGC 

Disclosure Officer. The fax number is 

202–326–4042. It may also be obtained 

by writing the Communications and 

Public Affairs Department, PBGC, 1200 

K Street, NW., Suite 1200, Washington, 

DC 20005. 

In brief, the Local 1 Plan, a 

multiemployer plan covering the 

residential building cleaning industry in 

Chicago, represents that the industry 

has characteristics similar to those of 

the construction industry. The plan has 

adopted an amendment prescribing 

special withdrawal liability rules, 

which, if approved by the PBGC, would 

be effective as of July 1, 2005. Under the 

proposed amendment, complete 

withdrawal of an employer would occur 

only under conditions similar to those 

described in ERISA section 4203(b)(2), 

or certain other conditions including a 

mass withdrawal. Partial withdrawal of 

an employer would occur only under 

conditions similar to those described in 

ERISA section 4208(d)(1). The request 

includes actuarial data to support the 

plan’s contention that the amendment 

will not pose a significant risk to the 

insurance system under Title IV of 

ERISA. 

Comments 

All interested persons are invited to 

submit written comments concerning 

the pending request to the PBGC at the 

above address by April 16, 2009. All 

comments will be made a part of the 

record. Comments received will be 

available for public inspection at the 

address set forth above. 

Issued in Washington, DC, on this 17th day 

of February, 2009. 

Vincent K. Snowbarger, 

Acting Director, Pension Benefit Guaranty 

Corporation. 

[FR Doc. E9–4312 Filed 2–27–09; 8:45 am] 

BILLING CODE 7708–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59435; File No. SR–CBOE– 

2009–007] 

Self-Regulatory Organizations; 

Chicago Board Options Exchange, 

Incorporated; Notice of Filing of 

Proposed Rule Change Relating to 

Tied Hedge Transactions 

February 23, 2009. 

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 February 

13, 2009, the Chicago Board Options 

Exchange, Incorporated (‘‘CBOE’’ 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 adopt 

Interpretation and Policy .10 to Rule 

6.74, Crossing Orders, to allow hedging 

stock, security future or futures contract 

positions to be represented currently 

with option facilitations or solicitations 

in the trading crowd (‘‘tied hedge’’ 

orders). The text of the proposed rule 

change is available on the Exchange’s 

Web site (http://www.cboe.org/Legal), at 

the Office of the Secretary, CBOE and at 

the Commission. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, 

CBOE included statements concerning 

the purpose of, and basis for, the 

proposed rule change and discussed any 

comments it received on the proposed 


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