Federal Register / Vol. 75, No. 171 / Friday, September 3, 2010 / Notices 54191 

Members of the public who have not 

registered may also have an opportunity 

to speak, if time permits. Ms. Sutton 

will need to be contacted no later than 

September 30, 2010, if special 

equipment or accommodations are 

needed to attend or present information 

at the public meeting, so that the NRC 

staff can determine whether the request 

can be accommodated. 

ADDRESSES: You may submit comments 

by any one of the following methods. 

Please include Docket ID NRC–2008– 

0252 in the subject line of your 

comments. Comments submitted in 

writing or in electronic form will be 

posted on the NRC Web site and on the 

Federal rulemaking Web site 

Regulations.gov. 

Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

for documents filed under Docket ID 

NRC–2010–0288. Address questions 

about NRC dockets to Carol Gallagher 

301–492–3668; e-mail 

Carol.Gallagher@nrc.gov. 

In addition, members of the public 

may send written comments on the 

DSEIS for the VEGP COL to Cindy 

Bladey, Chief, Rules, Announcements 

and Directives Branch (RAD), Office of 

Administration, Mail Stop: TWB–05– 

B01M, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, or by fax to RAD at (301) 492– 

3446. 

To be considered, written comments 

should be postmarked by November 24, 

2010. Electronic comments may be sent 

to the NRC at 

VOGTLE.COLAEIS@nrc.gov. Electronic 

submissions should be sent no later 

than November 24, 2010. Comments 

will be available electronically and 

accessible through the NRC’s PERR link 

at http://www.nrc.gov/reading-rm/ 

adams.html. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Mallecia Sutton, Division of Site and 

Environmental Reviews, Office of New 

Reactors, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001. Ms. Sutton may be contacted at 

the aforementioned telephone number 

or e-mail address. 

Dated at Rockville, Maryland, this 27th day 

of August, 2010. 

For the Nuclear Regulatory Commission. 

Nilesh C. Chokshi, 

Deputy Director, Division of Site and 

Environmental Reviews, Office of New 

Reactors. 

[FR Doc. 2010–22061 Filed 9–2–10; 8:45 am] 

BILLING CODE 7590–01–P 

PENSION BENEFIT GUARANTY 

CORPORATION 

Pendency of Request for Exemption 

From the Bond/Escrow Requirement 

Relating to the Sale of Assets by an 

Employer Who Contributes to a 

Multiemployer Plan: Ricketts 

Acquisition LLC and the Chicago 

National League Ball Club, LLC 

AGENCY: Pension Benefit Guaranty 

Corporation. 

ACTION: Notice of pendency of request. 

SUMMARY: This notice advises interested 

persons that the Pension Benefit 

Guaranty Corporation (‘‘PBGC’’) has 

received a request from Ricketts 

Acquisition LLC for an exemption from 

the bond/escrow requirement of section 

4204(a)(1)(B) of the Employee 

Retirement Income Security Act of 1974, 

as amended, with respect to the Major 

League Baseball Players Benefit Plan. 

Section 4204(a)(1) provides that the sale 

of assets by an employer that 

contributes to a multiemployer pension 

plan will not constitute a complete or 

partial withdrawal from the plan if the 

transaction meets certain conditions. 

One of these conditions is that the 

purchaser post a bond or deposit money 

in escrow for the five-plan-year period 

beginning after the sale. PBGC is 

authorized to grant individual and class 

exemptions from this requirement. 

Before granting an exemption, the 

statute and PBGC regulations require 

PBGC to give interested persons an 

opportunity to comment on the 

exemption request. The purpose of this 

notice is to advise interested persons of 

the exemption request and solicit their 

views on it. 

DATES: Comments must be submitted on 

or before October 18, 2010. 

ADDRESSES: Comments may be 

submitted by any off the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the Web 

site instructions for submitting 

comments. 

• E-mail: reg.comments@pbgc.gov. 

• Fax: 202–326–4224. 

• Mail or Hand Delivery: Legislative 

and Regulatory Department, Pension 

Benefit Guaranty Corporation, 1200 K 

Street, NW., Washington, DC 20005– 

4026. 

Comments received, including 

personal information provided, will be 

posted to http://www.pbgc.gov. Copies 

of comments may also be obtained by 

writing to Disclosure Division, Office of 

General Counsel, Pension Benefit 

Guaranty Corporation, 1200 K Street, 

NW., Washington, DC 20005–4026, 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.) 

FOR FURTHER INFORMATION CONTACT: Eric 

Field, Attorney, Office of the Chief 

Counsel, Suite 340, 1200 K Street, NW., 

Washington, DC 20005–4026, 202–326– 

4020. (For TTY/TTD users, 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 4204 of the Employee 

Retirement Income Security Act of 1974, 

as amended by the Multiemployer 

Pension Plan Amendments Act of 1980 

(‘‘ERISA’’ or the ‘‘Act’’), provides that a 

bona fide arm’s length sale of assets of 

a contributing employer to an unrelated 

party will not be considered a 

withdrawal if three conditions are met. 

These conditions, enumerated in section 

4204(a)(1)(A)–(C) are that: 

(A) The purchaser has an obligation to 

contribute to the plan with respect to 

covered operations for substantially the 

same number of contribution base units 

for which the seller was obligated to 

contribute; 

(B) The purchaser obtains a bond or 

places an amount in escrow, for a period 

of five plan years after the sale, equal to 

the greater of the seller’s average 

required annual contribution to the plan 

for the three plan years preceding the 

year in which the sale occurred or the 

seller’s required annual contribution for 

the plan year preceding the year in 

which the sale occurred (the amount of 

the bond or escrow is doubled if the 

plan is in reorganization in the year in 

which the sale occurred); and 

(C) The contract of sale provides that 

if the purchaser withdraws from the 

plan within the first five plan years 

beginning after the sale and fails to pay 

any of its liability to the plan, the seller 

shall be secondarily liable for the 

liability it (the seller) would have had 

but for the relief afforded under section 

4204. 

The bond or escrow described above 

would be paid to the plan if the 

purchaser withdraws from the plan or 

fails to make any required contributions 

to the plan within the first five plan 

years beginning after the sale. 

Additionally, section 4204(b)(1) 

provides that if a sale of assets is 

covered by section 4204, the purchaser 

assumes by operation of law the 

contribution record of the seller for the 

plan year in which the sale occurred 

and the preceding four plan years. 


srobinson on DSKHWCL6B1PROD with NOTICES
54192 Federal Register / Vol. 75, No. 171 / Friday, September 3, 2010 / Notices 

Section 4204(c) of ERISA authorizes 

the PBGC to grant individual or class 

variances or exemptions from the 

purchaser’s bond/escrow requirement of 

section 4204(a)(1)(B) when warranted. 

The legislative history of section 4204 

indicates a Congressional intent that the 

statute be administered in a manner that 

assures protection of the plan with the 

least intrusion into normal business 

transactions practicable. Senate 

Committee on Labor and Human 

Resources, 96th Cong., 2nd Sess., S. 

1076, The Multiemployer Pension Plan 

Amendments Act of 1980: Summary 

and Analysis of Considerations 16 

(Comm. Print, April 1980); 128 Cong. 

Rec. S10117 (July 29, 1980). The 

granting of a variance or exemption 

from the bond/escrow requirement does 

not constitute a finding by PBGC that a 

particular transaction satisfies the other 

requirements of section 4204(a)(1). 

Under PBGC’s regulation on variances 

for sales of assets (29 CFR part 4204), a 

request for a variance or exemption from 

the bond/escrow requirement under any 

of the tests established in the regulation 

(§§ 4204.12 and 4204.13) is to be made 

to the plan in question. PBGC will 

consider variance or exemption requests 

only when the request is not based on 

satisfaction of one of the four regulatory 

tests under regulation §§ 4204.12 and 

4204.13, or when the parties assert that 

the financial information necessary to 

show satisfaction of one of the 

regulatory tests is privileged or 

confidential financial information 

within the meaning of 5 U.S.C. 552(b)(4) 

(Freedom of Information Act). See 29 

CFR 4204.21. 

Under § 4204.22 of the regulation, 

PBGC shall approve a request for a 

variance or exemption if it determines 

that approval of the request is 

warranted, in that it: 

(1) Would more effectively or 

equitably carry out the purposes of Title 

IV of the Act; and 

(2) Would not significantly increase 

the risk of financial loss to the plan. 

Section 4204(c) of ERISA and 

§ 4204.22(b) of the regulation requires 

PBGC to publish a notice of the 

pendency of a request for a variance or 

exemption in the Federal Register, and 

to provide interested parties with an 

opportunity to comment on the 

proposed variance or exemption. 

The Request 

PBGC has received a request, dated 

November 25, 2009, from Ricketts 

Acquisition LLC (the ‘‘Purchaser’’) for an 

exemption from the bond/escrow 

requirement of section 4204(a)(1)(B) 

with respect to its purchase of the 

Chicago National League Ball Club, LLC 

(the ‘‘Seller’’). In the request, the 

Purchaser represents, among other 

things, that: 

1. The Seller was obligated to 

contribute to the Major League Baseball 

Players Benefit Plan (the ‘‘Plan’’) for 

certain employees of the purchased 

operations. 

2. The Purchaser has agreed to assume 

the obligation to contribute to the Plan 

for substantially the same number of 

contribution base units as the Seller. 

3. The Seller has agreed to be 

secondarily liable for any withdrawal 

liability it would have had with respect 

to the purchased operations (if not for 

section 4204) should the Purchaser 

withdraw from the Plan and fail to pay 

its withdrawal liability. 

4. The estimated amount of the 

withdrawal liability of the Seller with 

respect to the operations subject to the 

sale is $34,030,359. 

5. The amount of the bond/escrow 

established under section 4204(a)(1)(B) 

is $4,068,868, which is to be posted if 

PBGC has not acted on the request by 

the end of the plan year of the request. 

6. The Major League Baseball Clubs 

(the ‘‘Clubs’’) have established the Major 

League Central Fund (the ‘‘Central 

Fund’’) pursuant to the Major League 

Baseball Constitution. Under this 

Constitution, the Office of the 

Commissioner of Baseball pays 

contributions to the Plan from the 

Central Fund on behalf of each 

participating employer in satisfaction of 

the employer’s pension liability under 

the Plan’s funding agreement. The 

monies in the Central Fund are derived 

directly from (i) gate receipts from AllStar games; (ii) radio and television 

revenue from World Series, League 

Championship Series, Division Series, 

All-Star Games, and (iii) certain other 

radio and television revenue, including 

revenues from foreign broadcasts, 

regular, spring training, and exhibition 

games (‘‘Revenues’’). 

7. In support of the exemption 

request, the Purchaser asserts that ‘‘[t]he 

Plan is funded directly from Revenues 

which are paid from the Central Fund 

directly to the Plan without passing 

through the hands of any of the Clubs. 

Therefore, the Plan enjoys a substantial 

degree of security with respect to 

contributions on behalf of the Clubs. A 

change in ownership of a particular 

Club does not affect the obligation of the 

Central Fund to fund the Plan out of the 

Revenues. As such, approval of this 

exemption request would not increase 

the risk of financial loss to the Plan.’’ 

8. A complete copy of the request was 

sent to the Plan and to the Major League 

Baseball Players Association by certified 

mail, return receipt requested. 

Issued at Washington, DC, August 27, 

2010. 

Joshua Gotbaum, 

Director. 

[FR Doc. 2010–22012 Filed 9–2–10; 8:45 am] 

BILLING CODE 7708–01–P 

POSTAL REGULATORY COMMISSION 

[Docket No. A2010–5; Order No. 526] 

Post Office Closing 

AGENCY: Postal Regulatory Commission. 

ACTION: Notice. 

SUMMARY: This document informs the 

public that an appeal of the closing of 

the Rentiesville Post Office, 

Rentiesville, Oklahoma 74459 has been 

filed. It identifies preliminary steps and 

provides a procedural schedule. 

Publication of this document will allow 

the Postal Service, petitioner, and others 

to take appropriate action. 

DATES: Deadline for filing administrative 

record: September 9, 2010. For other 

dates, see Procedural Schedule. 

ADDRESSES: Submit filings electronically 

via the Commission’s Filing Online 

system at http://www.prc.gov. Those 

who cannot file electronically should 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section 

by telephone for advice on alternatives 

to electronic filing. 

FOR FURTHER INFORMATION CONTACT: 

Stephen L. Sharfman, General Counsel, 

stephen.sharfman@prc.gov or 202–789– 

6820. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that pursuant to 39 U.S.C. 

404(d), the Commission has received an 

appeal of the closing of the Rentiesville 

Post Office, Rentiesville, Oklahoma 

74459. The appeal, postmarked August 

23, 2010, was received by the 

Commission on August 25, 2010. The 

Commission hereby institutes a 

proceeding under 39 U.S.C. 404(d)(5) 

and designates the case as Docket No. 

A2010–5 to consider the petitioner’s 

appeal. If the petitioner would like to 

further explain her position with 

supplemental information or facts, she 

may either file a Participant Statement 

on PRC Form 61 or file a brief with the 

Commission by no later than September 

29, 2010. 

Categories of issues apparently raised. 

The categories of issues that appear to 

be raised include: Effect on the 

community. See 39 U.S.C. 

404(d)(2)(A)(i). 

After the Postal Service files the 

administrative record and the 

Commission reviews it, the Commission 

may find that there are more legal issues 


srobinson on DSKHWCL6B1PROD with NOTICES