Notice of Issuance of Regulatory Guide, 14108-14109 [2011-5971]

Download as PDF 14108 Federal Register / Vol. 76, No. 50 / Tuesday, March 15, 2011 / Notices System (ADAMS) under Accession No. ML101670489. Electronic copies of Regulatory Guide 1.43, Revision 1 are available through the NRC’s public Web site under ‘‘Regulatory Guides’’ at http: //www.nrc.gov/reading-rm/doccollections/. The regulatory analysis may be found under ADAMS Accession No. ML101670471. In addition, regulatory guides are available for inspection at the NRC’s Public Document Room (PDR) located at Room O–1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852–2738. The PDR’s mailing address is USNRC PDR, Washington, DC 20555–0001. The PDR can also be reached by telephone at (301) 415–4737 or (800) 397–4209, by fax at (301) 415–3548, and by e-mail to pdr.resource@nrc.gov. Regulatory guides are not copyrighted, and NRC approval is not required to reproduce them. Dated at Rockville, Maryland, this 7th day of March, 2011. For the Nuclear Regulatory Commission. Thomas H. Boyce, Chief, Regulatory Guide Development Branch, Division of Engineering, Office of Nuclear Regulatory Research. [FR Doc. 2011–5967 Filed 3–14–11; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2009–0275] Notice of Issuance of Regulatory Guide Nuclear Regulatory Commission. ACTION: Notice of Issuance and Availability of Regulatory Guide 1.50, Revision 1, ‘‘Control of Preheat Temperature for Welding of Low-Alloy Steel.’’ AGENCY: staff uses in evaluating specific problems or postulated accidents, and data that the staff needs in its review of applications for permits and licenses. Revision 1 of Regulatory Guide 1.50, ‘‘Control of Preheat Temperature for Welding of Low-Alloy Steel,’’ was issued with a temporary identification as Draft Regulatory Guide, DG–1222. This guide describes a method that the staff of the NRC considers acceptable for implementing regulatory requirements related to the control of welding for lowalloy steel components during initial fabrication. This guide applies to lightwater-cooled reactors. II. Further Information In June 2009, DG–1222 was published with a public comment period of 60 days from the issuance of the guide. The public comment period was extended until October 1, 2009. The staff’s responses to the comments received are located in the NRC’s Agencywide Documents Access and Management System (ADAMS) under Accession No. ML101880091. Electronic copies of Regulatory Guide 1.50, Revision 1 are available through the NRC’s public Web site under ‘‘Regulatory Guides’’ at http:// www.nrc.gov/reading-rm/doccollections/. The regulatory analysis may be found under ADAMS Accession No. ML101870625. In addition, regulatory guides are available for inspection at the NRC’s Public Document Room (PDR) located at Room O–1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852–2738. The PDR’s mailing address is USNRC PDR, Washington, DC 20555–0001. The PDR can also be reached by telephone at (301) 415–4737 or (800) 397–4209, by fax at (301) 415–3548, and by e-mail to pdr.resource@nrc.gov. Regulatory guides are not copyrighted, and NRC approval is not required to reproduce them. Gary L. Stevens, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001, telephone: (301) 251–7569 or email Gary.Stevens@nrc.gov. SUPPLEMENTARY INFORMATION: Dated at Rockville, Maryland, this 7th day of March, 2011. For the Nuclear Regulatory Commission. Thomas H. Boyce, Chief, Regulatory Guide Development Branch, Division of Engineering, Office of Nuclear Regulatory Research. I. Introduction [FR Doc. 2011–5970 Filed 3–14–11; 8:45 am] The U.S. Nuclear Regulatory Commission (NRC or Commission) is issuing a revision to an existing guide in the agency’s ‘‘Regulatory Guide’’ series. This series was developed to describe and make available to the public information such as methods that are acceptable to the NRC staff for implementing specific parts of the agency’s regulations, techniques that the BILLING CODE 7590–01–P srobinson on DSKHWCL6B1PROD with NOTICES FOR FURTHER INFORMATION CONTACT: VerDate Mar<15>2010 16:50 Mar 14, 2011 Jkt 223001 NUCLEAR REGULATORY COMMISSION [NRC–2009–0274] Notice of Issuance of Regulatory Guide Nuclear Regulatory Commission. AGENCY: PO 00000 Frm 00141 Fmt 4703 Sfmt 4703 Notice of Issuance and Availability of Regulatory Guide 1.34, Revision 1, ‘‘Control of Electroslag Weld Properties.’’ ACTION: Gary L. Stevens, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001, telephone (301) 251–7569 or email Gary.Stevens@nrc.gov. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: I. Introduction The U.S. Nuclear Regulatory Commission (NRC) is issuing a revision to an existing guide in the agency’s ‘‘Regulatory Guide’’ series. This series was developed to describe and make available to the public information such as methods that are acceptable to the NRC staff for implementing specific parts of the agency’s regulations, techniques that the staff uses in evaluating specific problems or postulated accidents, and data that the staff needs in its review of applications for permits and licenses. Revision 1 of Regulatory Guide 1.34, ‘‘Control of Electroslag Weld Properties,’’ was issued with a temporary identification as Draft Regulatory Guide, DG–1223. This guide describes methods that the staff of the NRC considers acceptable for implementing requirements about the control of weld properties when fabricating electroslag welds for nuclear components made of ferritic or austenitic materials. This guide applies to light-water reactors. II. Further Information In June 2009, DG–1223 was published with a public comment period of 60 days from the issuance of the guide. The public comment period was extended until October 1, 2009. The staff’s responses to the comments received are located in the NRC’s Agencywide Documents Access and Management System (ADAMS) under Accession No. ML101670369. Electronic copies of Regulatory Guide 1.34, Revision 1 are available through the NRC’s public Web site under ‘‘Regulatory Guides’’ at http://www.nrc.gov/reading-rm/doccollections/. The regulatory analysis may be found in ADAMS under Accession No. ML101670363. In addition, regulatory guides are available for inspection at the NRC’s Public Document Room (PDR) located at Room O–1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852–2738. The PDR’s mailing address is USNRC PDR, Washington, DC 20555–0001. The PDR can also be reached by telephone at (301) 415–4737 or (800) 397–4209, by E:\FR\FM\15MRN1.SGM 15MRN1 Federal Register / Vol. 76, No. 50 / Tuesday, March 15, 2011 / Notices fax at (301) 415–3548, and by e-mail to pdr.resource@nrc.gov. Regulatory guides are not copyrighted, and NRC approval is not required to reproduce them. Dated at Rockville, Maryland, this 7th day of March, 2011. For the Nuclear Regulatory Commission. Thomas H. Boyce, Chief, Regulatory Guide Development Branch, Division of Engineering, Office of Nuclear Regulatory Research. [FR Doc. 2011–5971 Filed 3–14–11; 8:45 am] BILLING CODE 7590–01–P PENSION BENEFIT GUARANTY CORPORATION Approval of Exemption From the Bond/ Escrow Requirement Relating to the Sale of Assets by an Employer Who Contributes to a Multiemployer Plan: Rangers Baseball Express, LLC, and Texas Rangers Baseball Partners Pension Benefit Guaranty Corporation. ACTION: Notice of approval. AGENCY: The Pension Benefit Guaranty Corporation has granted a request from Rangers Baseball Express, 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 Pension Plan. A notice of the request for exemption from the requirement was published on December 28, 2010. The effect of this notice is to advise the public of the decision on the exemption request. ADDRESSES: Copies of public comments are available on PBGC’s Web site, http://www.pbgc.gov. Copies of the comments may be obtained by writing PBGC’s Communications and Public Affairs Department (CPAD) at Suite 1200, 1200 K Street, NW., Washington, DC 20005–4026, or by visiting or calling CPAD during normal business hours (202–326–4040). FOR FURTHER INFORMATION CONTACT: Theresa Anderson, Office of the Chief Counsel, Pension Benefit Guaranty Corporation, 1200 K Street, NW., Washington, DC 20005–4026; telephone 202–326–4020. (For TTY/TDD users, call the Federal Relay Service toll-free at 1–800–877–8339 and ask to be connected to 202–326–4020). SUPPLEMENTARY INFORMATION: srobinson on DSKHWCL6B1PROD with NOTICES SUMMARY: Background Section 4204 of the Employee Retirement Income Security Act of 1974, VerDate Mar<15>2010 16:50 Mar 14, 2011 Jkt 223001 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 the 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, in an amount 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 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. Section 4204(c) of ERISA authorizes the Pension Benefit Guaranty Corporation (‘‘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 sales rules be administered in a manner that assures protection of the plan with the least practicable intrusion into normal business transactions. 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. PO 00000 Frm 00142 Fmt 4703 Sfmt 4703 14109 Rec. S10117 (July 29, 1980). The granting of an exemption or variance 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 waiver of the bond/escrow requirement under any of the tests established in the regulation (§§ 4204.12 & 4204.13) is to be made to the plan in question. PBGC will consider waiver requests only when the request is not based on satisfaction of one of the three regulatory tests 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) of the Freedom of Information Act. 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 require 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. PBGC received no comments on the request for exemption. The Decision On December 28, 2010, PBGC published a notice of the pendency of a request by Rangers Baseball Express, LLC (the ‘‘Buyer’’) for an exemption from the bond/escrow requirement of section 4204(a)(1)(B) with respect to its purchase of Texas Rangers Baseball Partners (the ‘‘Seller’’). According to the request, the Major League Baseball Players Pension Plan (the ‘‘Plan’’) was established and is maintained pursuant to a collective bargaining agreement between the professional major league baseball teams (the ‘‘Clubs’’) and the Major League Baseball Players Association (the ‘‘Players Association’’). According to the Buyer’s representations, the Seller was obligated to contribute to the Plan for certain employees of the sold operations. Effective August 12, 2010, the Buyer and Seller entered into an agreement under which the Buyer agreed to purchase substantially all of the assets E:\FR\FM\15MRN1.SGM 15MRN1

Agencies

[Federal Register Volume 76, Number 50 (Tuesday, March 15, 2011)]
[Notices]
[Pages 14108-14109]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-5971]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[NRC-2009-0274]


Notice of Issuance of Regulatory Guide

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of Issuance and Availability of Regulatory Guide 1.34, 
Revision 1, ``Control of Electroslag Weld Properties.''

-----------------------------------------------------------------------

FOR FURTHER INFORMATION CONTACT: Gary L. Stevens, Office of Nuclear 
Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, telephone (301) 251-7569 or e-mail Gary.Stevens@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC) is issuing a revision 
to an existing guide in the agency's ``Regulatory Guide'' series. This 
series was developed to describe and make available to the public 
information such as methods that are acceptable to the NRC staff for 
implementing specific parts of the agency's regulations, techniques 
that the staff uses in evaluating specific problems or postulated 
accidents, and data that the staff needs in its review of applications 
for permits and licenses.
    Revision 1 of Regulatory Guide 1.34, ``Control of Electroslag Weld 
Properties,'' was issued with a temporary identification as Draft 
Regulatory Guide, DG-1223. This guide describes methods that the staff 
of the NRC considers acceptable for implementing requirements about the 
control of weld properties when fabricating electroslag welds for 
nuclear components made of ferritic or austenitic materials. This guide 
applies to light-water reactors.

II. Further Information

    In June 2009, DG-1223 was published with a public comment period of 
60 days from the issuance of the guide. The public comment period was 
extended until October 1, 2009. The staff's responses to the comments 
received are located in the NRC's Agencywide Documents Access and 
Management System (ADAMS) under Accession No. ML101670369. Electronic 
copies of Regulatory Guide 1.34, Revision 1 are available through the 
NRC's public Web site under ``Regulatory Guides'' at  http://www.nrc.gov/reading-rm/doc-collections/. The regulatory analysis may be 
found in ADAMS under Accession No. ML101670363.
    In addition, regulatory guides are available for inspection at the 
NRC's Public Document Room (PDR) located at Room O-1F21, One White 
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852-2738. The 
PDR's mailing address is USNRC PDR, Washington, DC 20555-0001. The PDR 
can also be reached by telephone at (301) 415-4737 or (800) 397-4209, 
by

[[Page 14109]]

fax at (301) 415-3548, and by e-mail to pdr.resource@nrc.gov.
    Regulatory guides are not copyrighted, and NRC approval is not 
required to reproduce them.

    Dated at Rockville, Maryland, this 7th day of March, 2011.

    For the Nuclear Regulatory Commission.
Thomas H. Boyce,
Chief, Regulatory Guide Development Branch, Division of Engineering, 
Office of Nuclear Regulatory Research.
[FR Doc. 2011-5971 Filed 3-14-11; 8:45 am]
BILLING CODE 7590-01-P