Federal Register / Vol. 74, No. 79 / Monday, April 27, 2009 / Notices 19111 

4203(d)(4) within the 60-month period 

referred to above, the bond will be 

canceled or the escrow refunded, and 

the employer will have no further 

liability with respect to the cessation. 

As stated above, each cessation must 

be considered within the context of 

other cessations under the same plan in 

determining its effect on the plan’s 

contribution base. Thus, the treatment 

afforded one employer’s cessation of the 

obligation to contribute may affect the 

treatment given a cessation by another 

employer. Accordingly, not only the 

plan and employer involved in a 

particular case, but other present and 

former contributing employers, and 

participants and beneficiaries, may have 

an interest in the outcome of a request 

for a determination of substantial 

damage or no substantial damage. 

The Request 

The Freight Drivers and Helpers Local 

Union No. 557 Pension Fund (the 

‘‘Fund’’) has requested a determination 

that the cessation of the obligation to 

contribute by USF Red Star, Inc. (‘‘Red 

Star’’), together with cessations by other 

employers, has resulted in substantial 

damage to the Fund’s contribution base. 

In the request, the Fund represents that: 

1. The Fund is a trucking industry 

plan within the meaning of section 

4203(d)(2), with over 85 percent of its 

contributing employers engaged in the 

trucking industry and over 85 percent of 

its contributions coming from those 

employers. Red Star was a trucking 

industry employer that operated for 

approximately 25 years in the 

Baltimore, Maryland area. 

2. On May 23, 2004, Red Star ceased 

the trucking operations for which it was 

obligated to contribute to the Fund. The 

Fund assessed withdrawal liability 

against Red Star in the amount of 

$11,756,604. 

3. In May 2005, Red Star became part 

of the Yellow-Roadway control group, 

and its parent is YRC Regional 

Transportation. YRC Regional 

Transportation established a letter of 

credit with Bank of America on 

February 16, 2007, in the amount of 

$3,840,154.74. (The Fund represents 

that, in a decision dated February 27, 

2009, an arbitrator ruled that Red Star 

did not fail to timely post security and 

that it may do so now.) 

4. The Fund represents that the 

cumulative effect of Red Star’s ceasing 

to have an obligation to contribute to the 

Fund caused substantial damage based 

on the following particulars: 

A. Decline in active population—The 

reported active population on the 

Fund’s 2007 Form 5500, Schedule B, 

was 567. The number of active 

participants shows a 45 percent drop 

from 1997 to 2004, as the active 

participant count fell from 1,217 in 1997 

to 671 in 2004, while the retiree and 

deferred participant population 

remained stable, going from 2,357 

participants in 1997 to 2,348 

participants 2004 (it was at 2,311 

participants in 2006). 

B. Decline in hours of contributions— 

The number of hours for which 

contributions are required to be made 

(i.e., the contribution base units) have 

fallen 48 percent since 2000. For the 

plan year ending December 21, 2000, 

there were 2,091,015 hours of 

contributions; in 2004, the year of 

withdrawal, contributions fell to 

1,207,486 hours; and in 2006 the drop 

was to 1,083,042 hours. 

C. Decline in the number of 

contribution employers—In 1985, the 

Fund had 56 employers. In 1990, there 

were 33 employers. By 2000, there were 

19 employers, and, in 2005, there were 

only 13 employers. 

D. Decline in contribution base—Red 

Star was approximately 21 percent of 

the contribution base in the years 

leading up to its 2004 withdrawal, with 

an individual five-year contribution 

base of $6,619,040. The contribution 

base was $31,047,940 for all employers 

in the same period. Further, for all 

employers, the five-year contribution 

base as of the end of 2001 was 

$35,102,710, and, as of the end of 2006, 

was $23,830,654. 

E. Investment losses—In 2000, the 

Fund had $174,305,491 in assets. In 

2002 the amount was $139,746,646. As 

of 2006, the assets were $164,573,989. 

The latest asset figure, which was used 

in the certification of critical status that 

the Fund’s actuary made on March 31, 

2009, was a projection of $119,256,121, 

as of January 1, 2009. 

F. Unfunded vested benefits—The 

Fund was fully funded from 1995 to 

2000. In 2001 The Fund’s unfunded 

vested benefits for withdrawal liability 

purposes were $22,428,786. The 

corresponding amount for 2004 was 

$69,511,407, and for the end of 2006 

was $61,167,323. For its 2009 

certification of critical status, the Fund 

reported $119,256,121, in assets, and a 

present value of benefits equaling 

$50,833,707, for active participants, and 

$166,256,970, for non-active 

participants. That certification projects 

an accumulated funding deficiency 

under section 431 of the Internal 

Revenue Code of $9.2 million for the 

2012 plan year. The net funding charges 

for that year are about $20 million; 

projected contributions are $5.5 million 

and the projected credit balance at the 

beginning of the year is $4.5 million. 

Thus, contributions for the 2012 plan 

year would have to triple in order to 

avoid a funding deficiency. 

Comments 

All interested persons are invited to 

submit written comments on the 

pending request to the PBGC to: Suite 

930, Attn: Multiemployer Coordinator, 

at the above address. All comments will 

be made part of the record. Comments 

received, as well as the relevant 

information submitted in support of the 

request, will be available for public 

inspection in Suite 1100 at the above 

address. 

Issued at Washington, DC, on this 21st day 

of April 2009. 

Vincent K. Snowbarger, 

Acting Director, Pension Benefit Guaranty 

Corporation. 

[FR Doc. E9–9515 Filed 4–24–09; 8:45 am] 

BILLING CODE 7708–01–P 

POSTAL SERVICE 

Board of Governors; Sunshine Act 

Meeting 

DATE AND TIME: Monday, May 4, 2009, at 

6 p.m.; Tuesday, May 5, 2009, at 10 

a.m.; Wednesday, May 6, 2009, at 8:30 

a.m. 

PLACE: Washington, DC, at U.S. Postal 

Service Headquarters, 475 L’Enfant 

Plaza, SW., in the Benjamin Franklin 

Room. 

STATUS: May 4 at 6 p.m.—Closed; May 

5 at 10 a.m.—Closed; May 6 at 8:30 

a.m.—Open. 

Matters To Be Considered 

Monday, May 4 at 6 p.m. (Closed) 

1. Financial Matters. 

2. Strategic Issues. 

3. Pricing. 

4. Personnel Matters and 

Compensation Issues. 

5. Governors’ Executive Session— 

Discussion of prior agenda items and 

Board Governance. 

Tuesday, May 5 at 10 a.m. (Closed) 

1. Continuation of Monday’s closed 

session agenda. 

Wednesday, May 6 at 8:30 a.m. (Open) 

1. Call to Order and Approval of 

Minutes of Previous Meetings. 

2. Remarks of the Chairman of the 

Board. 

3. Recognition of Former Board 

Chairman. 

4. Remarks of the Postmaster General 

and CEO. 

5. Committee Assignments and 

Committee Reports. 


pwalker on PROD1PC71 with NOTICES
19112 Federal Register / Vol. 74, No. 79 / Monday, April 27, 2009 / Notices 

6. Quarterly Report on Service 

Performance. 

7. Quarterly Report on Financial 

Performance. 

8. Tentative Agenda for the June 22, 

23 and 24, 2009, meeting in 

Washington, DC, and Adjourn. 

CONTACT PERSON FOR MORE INFORMATION: 

Julie S. Moore, Secretary of the Board, 

U.S. Postal Service, 475 L’Enfant Plaza, 

SW., Washington, DC 20260–1000. 

Telephone (202) 268–4800. 

Julie S. Moore, 

Secretary. 

[FR Doc. E9–9595 Filed 4–23–09; 4:15 pm] 

BILLING CODE 7710–12–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Docket No. AB–1030 (Sub-No. 1X)] 

Huron & Eastern Railway Company, 

Inc.—Abandonment Exemption—in 

Shiawassee County, MI 

On April 7, 2009, Huron & Eastern 

Railway Company, Inc. (HESR) filed 

with the Board a petition under 49 

U.S.C. 10502 for exemption from the 

provisions of 49 U.S.C. 10903 to 

abandon a 2.5-mile rail line between 

milepost 0.0, at Owosso, and milepost 

2.5, the end of the line, in Shiawassee 

County, MI. The line traverses United 

States Postal Service Zip Codes 48841 

and 48867, and includes the station of 

Owosso Jct. 

The line does not contain federally 

granted rights-of-way. Any 

documentation in HESR’s possession 

will be made available promptly to 

those requesting it. 

The interest of railroad employees 

will be protected by the conditions set 

forth in Oregon Short Line R. Co.— 

Abandonment—Goshen, 360 I.C.C. 91 

(1979). 

By issuing this notice, the Board is 

instituting an exemption proceeding 

pursuant to 49 U.S.C. 10502(b). A final 

decision will be issued by July 24, 2009. 

Any offer of financial assistance 

(OFA) under 49 CFR 1152.27(b)(2) will 

be due no later than 10 days after 

service of a decision granting the 

petition for exemption. Each OFA must 

be accompanied by a $1,500 filing fee. 

See 49 CFR 1002.2(f)(25). 

All interested persons should be 

aware that, following abandonment of 

rail service and salvage of the line, the 

line may be suitable for other public 

use, including interim trail use. Any 

request for a public use condition under 

49 CFR 1152.28 or for trail use/rail 

banking under 49 CFR 1152.29 will be 

due no later than May 18, 2009. Each 

trail use request must be accompanied 

by a $200 filing fee. See 49 CFR 

1002.2(f)(27). 

All filings in response to this notice 

must refer to STB Docket No. AB–1030 

(Sub-No. 1X), and must be sent to: (1) 

Surface Transportation Board, 395 E 

Street, SW., Washington, DC 20423– 

0001; and (2) Melanie B. Yasbin, 600 

Baltimore Ave., Suite 301, Towson, MD 

21204. Replies to the petition are due on 

or before May 18, 2009. 

Persons seeking further information 

concerning abandonment procedures 

may contact the Board’s Office of Public 

Assistance, Governmental Affairs, and 

Compliance at (202) 245–0238 or refer 

to the full abandonment or 

discontinuance regulations at 49 CFR 

part 1152. Questions concerning 

environmental issues may be directed to 

the Board’s Section of Environmental 

Analysis (SEA) at (202) 245–0305. 

[Assistance for the hearing impaired is 

available through the Federal 

Information Relay Service (FIRS) at 

1–800–877–8339.] 

An environmental assessment (EA) (or 

environmental impact statement (EIS), if 

necessary) prepared by SEA will be 

served upon all parties of record and 

upon any agencies or other persons who 

commented during its preparation. 

Other interested persons may contact 

SEA to obtain a copy of the EA (or EIS). 

EAs in these abandonment proceedings 

normally will be made available within 

60 days of the filing of the petition. The 

deadline for submission of comments on 

the EA will generally be within 30 days 

of its service. 

Board decisions and notices are 

available on our Web site at http:// 

WWW.STB.DOT.GOV. 

Decided: April 20, 2009. 

By the Board, Rachel D. Campbell, 

Director, Office of Proceedings. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. E9–9393 Filed 4–24–09; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

[FTA Docket No. FTA–2009–0021] 

Notice of Request for Extension of a 

Currently Approved Information 

Collection 

AGENCY: Federal Transit Administration, 

DOT. 

ACTION: Notice of request for comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, this 

notice announces the intention of the 

Federal Transit Administration (FTA) to 

request the Office of Management and 

Budget (OMB) to approve the extension 

of the currently approved information 

collection: 

Metropolitan and Statewide 

Transportation Planning. 

DATES: Comments must be submitted 

before June 26, 2009. 

ADDRESSES: To ensure that your 

comments are not entered more than 

once into the docket, submit comments 

identified by the docket number by only 

one of the following methods: 

1. Web site: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments 

on the U.S. Government electronic 

docket site. (Note: The U.S. Department 

of Transportation’s (DOT’s) electronic 

docket is no longer accepting electronic 

comments.) All electronic submissions 

must be made to the U.S. Government 

electronic docket site at http:// 

www.regulations.gov. Commenters 

should follow the directions below for 

mailed and hand-delivered comments. 

2. Fax: 202–493–2251. 

3. Mail: U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., Docket Operations, M–30, 

West Building, Ground Floor, Room 

W12–140, Washington, DC 20590–0001. 

4. Hand Delivery: U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., Docket Operations, M–30, 

West Building, Ground Floor, Room 

W12–140, Washington, DC 20590–0001 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

Instructions: You must include the 

agency name and docket number for this 

notice at the beginning of your 

comments. Submit two copies of your 

comments if you submit them by mail. 

For confirmation that FTA has received 

your comments, include a selfaddressed stamped postcard. Note that 

all comments received, including any 

personal information, will be posted 

and will be available to Internet users, 

without change, to http:// 

www.regulations.gov. You may review 

DOT’s complete Privacy Act Statement 

in the Federal Register published April 

11, 2000, (65 FR 19477), or you may 

visit http://www.regulations.gov. 

Docket: For access to the docket to read 

background documents and comments 

received, go to http:// 

www.regulations.gov at any time. 

Background documents and comments 

received may also be viewed at the U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE., Docket 

Operations, M–30, West Building, 

Ground Floor, Room W12–140, 


pwalker on PROD1PC71 with NOTICES