Benefits Payable in Terminated Single-Employer Plans; Allocation of Assets in Single-Employer Plans; Interest Assumptions for Valuing and Paying Benefits, 45637-45639 [E7-15986]
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Federal Register / Vol. 72, No. 157 / Wednesday, August 15, 2007 / Rules and Regulations
The Unfunded Mandates Reform Act of
1995
Regulatory Findings
Administrative Procedure Act
The Department is publishing this
rule as an interim final rule, with a 30day provision for post-promulgation
public comments, based on the ‘‘good
cause’’ exceptions set forth at 5 U.S.C.
553(b)(3)(B) and 553(d)(3). Publishing
the rule in this way, with a postpromulgation opportunity for comment,
will allow the Department of State to
make the rule effective at the earliest
opportunity. Allowing a full 30-day
comment period followed by a
publication of the final rule with a
further 30 days before its effective date
is not practicable or in the public
interest. That process would delay
retention by the Department of State of
the increased surcharge, urgently
needed in order to cover the increased
costs attendant to implementing the
provisions of the Intelligence Reform
and Terrorism Prevention Act of 2004
on travel to the United States. That law,
passed in the aftermath of the
September 11, 2001 terrorist attacks,
seeks to increase the national security of
the United States by requiring all
arrivals (both foreign nationals and U.S.
citizen), even from countries where it
was previously not required, to possess
a suitably secure travel document. By
expedited retention of the surcharge
through an interim final rule, the
Department of State will be able to fund
the costs of increased passport demand
and the production of a new, convenient
card format passport to be introduced in
fiscal year 2008.
Section 202 of the Unfunded
Mandates Reform Act of 1995 (UFMA),
Public Law 104–4; 109 Stat. 48; 2 U.S.C.
1532, generally requires agencies to
prepare a statement before proposing
any rule that may result in an annual
expenditure of $100 million or more by
State, local, or tribal governments, or by
the private sector. This rule does not
result in any such expenditure nor will
it significantly or uniquely affect small
governments. Therefore, no actions were
deemed necessary.
Executive Order 13132: Federalism
The Department of State finds that
this regulation will not have substantial
direct effects on the States, on the
relationship between the national
government and the States, or the
distribution of power and
responsibilities among the various
levels of government. Nor does the rule
have federalism implications warranting
the application of Executive Orders No.
12372 and No. 13132.
Executive Order 12866: Regulatory
Review
The Department of State has reviewed
this interim final rule to ensure its
consistency with the regulatory
philosophy and principles set forth in
Executive Order 12866. The Office of
Management and Budget (OMB) has
determined that this rule has important
policy implications and is significant.
This rule has been provided to OMB for
review.
Executive Order 12988: Civil Justice
Reform
These changes to the regulations are
hereby certified as not expected to have
a significant impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act,
5 U.S.C. 601–612.
The Department has reviewed the
regulations in light of sections 3(a) and
3(b)(2) of Executive Order No. 12988 to
eliminate ambiguity, minimize
litigation, establish clear legal
standards, and reduce burden.
The Small Business Regulatory
Enforcement Fairness Act of 1996
ebenthall on PRODPC61 with RULES
Regulatory Flexibility Act/Executive
Order 13272: Small Business
The Paperwork Reduction Act of 1995
This rule is not a major rule as
defined by 5 U.S.C. 804, for purposes of
congressional review of agency
rulemaking under the Small Business
Regulatory Enforcement Fairness Act of
1996, Public Law 104–121. This rule
will not result in an annual effect on the
economy of $100 million or more; a
major increase in costs or prices; or
adverse effects on competition,
employment, investment, productivity,
innovation, or the ability of United
States-based companies to compete with
foreign based companies in domestic
and import markets.
VerDate Aug<31>2005
14:56 Aug 14, 2007
Jkt 211001
This rule does not impose information
collection requirements under the
provisions of the Paperwork Reduction
Act, 44 U.S.C., Chapter 35.
List of Subjects in 22 CFR Part 51
Administrative practice and
procedure, Drug traffic control,
Passports and Visas.
I Accordingly, for the reason set forth
above, 22 CFR part 51 is amended as
follows:
PART 51—PASSPORTS
1. The authority citation for part 51 is
continues to read as follows:
I
PO 00000
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Fmt 4700
Sfmt 4700
45637
Authority: 8 U.S.C. 1153 note, 1351, 1351
note; 10 U.S.C. 2602(c); 22 U.S.C. 214,
2504(a), 4201, 4206, 4215, 4219; 31 U.S.C.
9701; Pub. L. 105–277, 112 Stat. 2681 et seq.;
Pub. L. 109–167, 119 Stat. 3578; Pub. L. 108–
447, 118 Stat. 2809 et seq.; E.O. 10718, 22 FR
4632, 3 CFR, 1954–1958 Comp., p. 382; E.O.
11295, 31 FR 10603, 3 CFR, 1966–1970
Comp., p. 570.
2. Section 51.61(b) is amended to read
as follows:
I
§ 51.61
Passport fees.
*
*
*
*
*
(b) A surcharge of twenty dollars on
the filing of each application for a
passport in order to cover the costs of
meeting the increased demand for
passports as a result of actions taken to
comply with section 7209(b) of the
Intelligence Reform and Terrorism
Prevention Act of 2004 (8 U.S.C. 1165
note). The surcharge will be recovered
by the Department of State from within
the passport fee reflected in Schedule of
Consular Fees.
*
*
*
*
*
Dated: August 10, 2007.
Henrietta Fore,
Under Secretary for Management,
Department of State.
[FR Doc. E7–16177 Filed 8–14–07; 8:45 am]
BILLING CODE 4710–06–P
PENSION BENEFIT GUARANTY
CORPORATION
29 CFR Parts 4022 and 4044
Benefits Payable in Terminated SingleEmployer Plans; Allocation of Assets
in Single-Employer Plans; Interest
Assumptions for Valuing and Paying
Benefits
Pension Benefit Guaranty
Corporation.
ACTION: Final rule.
AGENCY:
SUMMARY: The Pension Benefit Guaranty
Corporation’s regulations on Benefits
Payable in Terminated Single-Employer
Plans and Allocation of Assets in
Single-Employer Plans prescribe interest
assumptions for valuing and paying
benefits under terminating singleemployer plans. This final rule amends
the regulations to adopt interest
assumptions for plans with valuation
dates in September 2007. Interest
assumptions are also published on the
PBGC’s Web site (https://www.pbgc.gov).
DATES: Effective September 1, 2007.
FOR FURTHER INFORMATION CONTACT:
Catherine B. Klion, Manager, Regulatory
and Policy Division, Legislative and
Regulatory Department, Pension Benefit
Guaranty Corporation, 1200 K Street,
E:\FR\FM\15AUR1.SGM
15AUR1
45638
Federal Register / Vol. 72, No. 157 / Wednesday, August 15, 2007 / Rules and Regulations
NW., Washington, DC 20005, 202–326–
4024. (TTY/TDD users may call the
Federal relay service toll-free at 1–800–
877–8339 and ask to be connected to
202–326–4024.)
SUPPLEMENTARY INFORMATION: The
PBGC’s regulations prescribe actuarial
assumptions—including interest
assumptions—for valuing and paying
plan benefits of terminating singleemployer plans covered by title IV of
the Employee Retirement Income
Security Act of 1974. The interest
assumptions are intended to reflect
current conditions in the financial and
annuity markets.
Three sets of interest assumptions are
prescribed: (1) A set for the valuation of
benefits for allocation purposes under
section 4044 (found in Appendix B to
part 4044), (2) a set for the PBGC to use
to determine whether a benefit is
payable as a lump sum and to determine
lump-sum amounts to be paid by the
PBGC (found in Appendix B to part
4022), and (3) a set for private-sector
pension practitioners to refer to if they
wish to use lump-sum interest rates
determined using the PBGC’s historical
methodology (found in Appendix C to
Part 4022).
This amendment (1) adds to
Appendix B to part 4044 the interest
assumptions for valuing benefits for
allocation purposes in plans with
valuation dates during September 2007,
(2) adds to Appendix B to part 4022 the
interest assumptions for the PBGC to
use for its own lump-sum payments in
plans with valuation dates during
September 2007, and (3) adds to
Appendix C to part 4022 the interest
assumptions for private-sector pension
practitioners to refer to if they wish to
Rate set
For plans with a valuation
date
On or after
*
167
Before
use lump-sum interest rates determined
using the PBGC’s historical
methodology for valuation dates during
September 2007.
For valuation of benefits for allocation
purposes, the interest assumptions that
the PBGC will use (set forth in
Appendix B to part 4044) will be 5.53
percent for the first 20 years following
the valuation date and 5.20 percent
thereafter. These interest assumptions
represent an increase (from those in
effect for August 2007) of 0.04 percent
for the first 20 years following the
valuation date and 0.04 percent for all
years thereafter.
The interest assumptions that the
PBGC will use for its own lump-sum
payments (set forth in Appendix B to
part 4022) will be 3.25 percent for the
period during which a benefit is in pay
status and 4.00 percent during any years
preceding the benefit’s placement in pay
status. These interest assumptions
represent a decrease of 0.25 percent in
the immediate rate from those in effect
for August 2007 and are otherwise
unchanged. For private-sector
payments, the interest assumptions (set
forth in Appendix C to part 4022) will
be the same as those used by the PBGC
for determining and paying lump sums
(set forth in Appendix B to part 4022).
The PBGC has determined that notice
and public comment on this amendment
are impracticable and contrary to the
public interest. This finding is based on
the need to determine and issue new
interest assumptions promptly so that
the assumptions can reflect current
market conditions as accurately as
possible.
Because of the need to provide
immediate guidance for the valuation
and payment of benefits in plans with
3. In appendix C to part 4022, Rate Set
167, as set forth below, is added to the
table.
I
For plans with a valuation
date
ebenthall on PRODPC61 with RULES
On or after
*
167
VerDate Aug<31>2005
Before
*
9–1–07
14:56 Aug 14, 2007
Employee benefit plans, Pension
insurance, Pensions, Reporting and
recordkeeping requirements.
29 CFR Part 4044
Employee benefit plans, Pension
insurance, Pensions.
I In consideration of the foregoing, 29
CFR parts 4022 and 4044 are amended
as follows:
PART 4022—BENEFITS PAYABLE IN
TERMINATED SINGLE-EMPLOYER
PLANS
1. The authority citation for part 4022
continues to read as follows:
I
Authority: 29 U.S.C. 1302, 1322, 1322b,
1341(c)(3)(D), and 1344.
2. In appendix B to part 4022, Rate Set
167, as set forth below, is added to the
table.
I
Appendix B to Part 4022—Lump Sum
Interest Rates for PBGC Payments
*
*
*
*
*
i3
4.00
n1
*
*
4.00
n2
*
7
8
n1
n2
Appendix C to Part 4022—Lump Sum
Interest Rates for Private-Sector
Payments
*
*
Immediate
annuity rate
(percent)
*
10–1–07
Jkt 211001
29 CFR Part 4022
i2
*
4.00
3.25
*
Rate set
i1
*
10–1–07
List of Subjects
Deferred annuities
(percent)
Immediate
annuity rate
(percent)
*
9–1–07
valuation dates during September 2007,
the PBGC finds that good cause exists
for making the assumptions set forth in
this amendment effective less than 30
days after publication.
The PBGC has determined that this
action is not a ‘‘significant regulatory
action’’ under the criteria set forth in
Executive Order 12866.
Because no general notice of proposed
rulemaking is required for this
amendment, the Regulatory Flexibility
Act of 1980 does not apply. See 5 U.S.C.
601(2).
PO 00000
3.25
Frm 00028
*
*
Deferred annuities
(percent)
i1
i2
*
4.00
4.00
Fmt 4700
Sfmt 4700
i3
*
*
4.00
E:\FR\FM\15AUR1.SGM
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8
Federal Register / Vol. 72, No. 157 / Wednesday, August 15, 2007 / Rules and Regulations
45639
Authority: 29 U.S.C. 1301(a), 1302(b)(3),
1341, 1344, 1362.
PART 4044—ALLOCATION OF
ASSETS IN SINGLE-EMPLOYER
PLANS
Appendix B to Part 4044—Interest
Rates Used to Value Benefits
5. In appendix B to part 4044, a new
entry for September 2007, as set forth
below, is added to the table.
*
I
4. The authority citation for part 4044
continues to read as follows:
I
*
*
*
*
The values of it are:
For valuation dates occurring in the month—
for t =
it
*
*
*
September 2007 ...................................................................
*
.0553
it
*
1–20
Issued in Washington, DC, on this 8th day
of August 2007.
Vincent K. Snowbarger,
Deputy Director, Pension Benefit Guaranty
Corporation.
[FR Doc. E7–15986 Filed 8–14–07; 8:45 am]
FOR FURTHER INFORMATION CONTACT:
BILLING CODE 7709–01–P
Regulatory Information
On June 13, 2007, we published a
notice of proposed rulemaking (NPRM)
entitled Special Local Regulation for
Marine Event, Bogue Sound, Morehead
City, North Carolina in the Federal
Register (72 FR 32567). We received no
letters commenting on the proposed
rule. No public meeting was requested,
and none was held.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. CGD05–07–059]
RIN 1625–AA08
Special Local Regulation for Marine
Event, Bogue Sound, Morehead City,
NC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ebenthall on PRODPC61 with RULES
ACTION:
SUMMARY: The Coast Guard is
establishing temporary special local
regulations for the ‘‘Crystal Coast Super
Boat Grand Prix’’, a power boat race to
be held on the waters of Bogue Banks
adjacent to Morehead City, NC. These
special local regulations are necessary to
provide for the safety of life on
navigable waters during the event. This
action is intended to restrict vessel
traffic in the Morehead City Turning
Basin including sections of the IntraCoastal Waterways and Morehead City
Channel during the power boat race.
DATES: This rule is effective from 9 a.m.
to 5 p.m. on September 23, 2007.
ADDRESSES: Comments and material
received from the public, as well as
documents indicated in this preamble as
being available in the docket, are part of
docket CGD05–07–059 and are available
for inspection or copying at Commander
(dpi), Fifth Coast Guard District, Room
415, 431 Crawford Street, Portsmouth,
Virginia 23704 between 9 a.m. and 2
p.m., Monday through Friday, except
Federal holidays.
VerDate Aug<31>2005
14:56 Aug 14, 2007
Jkt 211001
CWO Christopher Humphrey,
Prevention Department, Sector North
Carolina, at (252) 247–4525 or via e-mail
to Christopher.D.Humphrey@uscg.mil.
SUPPLEMENTARY INFORMATION:
Background and Purpose
On September 23, 2007, the Super
Boat International Productions Inc. will
sponsor the ‘‘Crystal Coast Super Boat
Grand Prix’’, on the waters of Bogue
Sound including the Morehead City
Turning Basin, sections of the IntraCoastal Waterway, and Morehead City
Channel at Morehead City, North
Carolina. The event will consist of
approximately 35 power boats
participating in two high-speed
competitive races, traveling counterclockwise around a race course. A fleet
of spectator vessels are expected to
gather near the event site to view the
competition. To provide for the safety of
participants, spectators and other
transiting vessels, the Coast Guard will
temporarily restrict vessel traffic in the
event area during the races.
Discussion of Comments and Changes
The Coast Guard did not receive
comments in response to the notice of
proposed rulemaking (NPRM) published
in the Federal Register. Accordingly,
the Coast Guard is establishing
temporary special local regulations on
specified waters of the Bogue Sound,
Morehead City, NC.
Regulatory Evaluation
This rule is not a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866, Regulatory
PO 00000
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Fmt 4700
for t =
Sfmt 4700
*
>20
.0520
it
N/A
for t =
*
N/A
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order.
We expect the economic impact of
this proposed rule to be so minimal that
a full Regulatory Evaluation is
unnecessary. Although this regulation
prevents traffic from transiting a portion
of Morehead City State Port Turning
Basin, sections of the Intra-Coastal
Waterway and Morehead City Channel
during the event, the effect of this
regulation will not be significant due to
the limited duration that the regulated
area will be in effect. Extensive advance
notification will be made to the
maritime community via marine
information broadcast, local radio
stations, and area newspapers so
mariners can adjust their plans
accordingly. Additionally, the regulated
area has been narrowly tailored to
impose the least impact on general
navigation yet provide the level of safety
deemed necessary. Vessel traffic will be
able to transit the regulated area
between heats, when the Coast Guard
Patrol Commander deems it is safe to do
so.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities.
This rule will affect the following
entities, some of which may be small
entities: The owners or operators of
E:\FR\FM\15AUR1.SGM
15AUR1
]]>Agencies
[Federal Register Volume 72, Number 157 (Wednesday, August 15, 2007)]
[Rules and Regulations]
[Pages 45637-45639]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-15986]
=======================================================================
-----------------------------------------------------------------------
PENSION BENEFIT GUARANTY CORPORATION
29 CFR Parts 4022 and 4044
Benefits Payable in Terminated Single-Employer Plans; Allocation
of Assets in Single-Employer Plans; Interest Assumptions for Valuing
and Paying Benefits
AGENCY: Pension Benefit Guaranty Corporation.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Pension Benefit Guaranty Corporation's regulations on
Benefits Payable in Terminated Single-Employer Plans and Allocation of
Assets in Single-Employer Plans prescribe interest assumptions for
valuing and paying benefits under terminating single-employer plans.
This final rule amends the regulations to adopt interest assumptions
for plans with valuation dates in September 2007. Interest assumptions
are also published on the PBGC's Web site (https://www.pbgc.gov).
DATES: Effective September 1, 2007.
FOR FURTHER INFORMATION CONTACT: Catherine B. Klion, Manager,
Regulatory and Policy Division, Legislative and Regulatory Department,
Pension Benefit Guaranty Corporation, 1200 K Street,
[[Page 45638]]
NW., Washington, DC 20005, 202-326-4024. (TTY/TDD users may call the
Federal relay service toll-free at 1-800-877-8339 and ask to be
connected to 202-326-4024.)
SUPPLEMENTARY INFORMATION: The PBGC's regulations prescribe actuarial
assumptions--including interest assumptions--for valuing and paying
plan benefits of terminating single-employer plans covered by title IV
of the Employee Retirement Income Security Act of 1974. The interest
assumptions are intended to reflect current conditions in the financial
and annuity markets.
Three sets of interest assumptions are prescribed: (1) A set for
the valuation of benefits for allocation purposes under section 4044
(found in Appendix B to part 4044), (2) a set for the PBGC to use to
determine whether a benefit is payable as a lump sum and to determine
lump-sum amounts to be paid by the PBGC (found in Appendix B to part
4022), and (3) a set for private-sector pension practitioners to refer
to if they wish to use lump-sum interest rates determined using the
PBGC's historical methodology (found in Appendix C to Part 4022).
This amendment (1) adds to Appendix B to part 4044 the interest
assumptions for valuing benefits for allocation purposes in plans with
valuation dates during September 2007, (2) adds to Appendix B to part
4022 the interest assumptions for the PBGC to use for its own lump-sum
payments in plans with valuation dates during September 2007, and (3)
adds to Appendix C to part 4022 the interest assumptions for private-
sector pension practitioners to refer to if they wish to use lump-sum
interest rates determined using the PBGC's historical methodology for
valuation dates during September 2007.
For valuation of benefits for allocation purposes, the interest
assumptions that the PBGC will use (set forth in Appendix B to part
4044) will be 5.53 percent for the first 20 years following the
valuation date and 5.20 percent thereafter. These interest assumptions
represent an increase (from those in effect for August 2007) of 0.04
percent for the first 20 years following the valuation date and 0.04
percent for all years thereafter.
The interest assumptions that the PBGC will use for its own lump-
sum payments (set forth in Appendix B to part 4022) will be 3.25
percent for the period during which a benefit is in pay status and 4.00
percent during any years preceding the benefit's placement in pay
status. These interest assumptions represent a decrease of 0.25 percent
in the immediate rate from those in effect for August 2007 and are
otherwise unchanged. For private-sector payments, the interest
assumptions (set forth in Appendix C to part 4022) will be the same as
those used by the PBGC for determining and paying lump sums (set forth
in Appendix B to part 4022).
The PBGC has determined that notice and public comment on this
amendment are impracticable and contrary to the public interest. This
finding is based on the need to determine and issue new interest
assumptions promptly so that the assumptions can reflect current market
conditions as accurately as possible.
Because of the need to provide immediate guidance for the valuation
and payment of benefits in plans with valuation dates during September
2007, the PBGC finds that good cause exists for making the assumptions
set forth in this amendment effective less than 30 days after
publication.
The PBGC has determined that this action is not a ``significant
regulatory action'' under the criteria set forth in Executive Order
12866.
Because no general notice of proposed rulemaking is required for
this amendment, the Regulatory Flexibility Act of 1980 does not apply.
See 5 U.S.C. 601(2).
List of Subjects
29 CFR Part 4022
Employee benefit plans, Pension insurance, Pensions, Reporting and
recordkeeping requirements.
29 CFR Part 4044
Employee benefit plans, Pension insurance, Pensions.
0
In consideration of the foregoing, 29 CFR parts 4022 and 4044 are
amended as follows:
PART 4022--BENEFITS PAYABLE IN TERMINATED SINGLE-EMPLOYER PLANS
0
1. The authority citation for part 4022 continues to read as follows:
Authority: 29 U.S.C. 1302, 1322, 1322b, 1341(c)(3)(D), and 1344.
0
2. In appendix B to part 4022, Rate Set 167, as set forth below, is
added to the table.
Appendix B to Part 4022--Lump Sum Interest Rates for PBGC Payments
* * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
For plans with a valuation date Immediate Deferred annuities (percent)
Rate set ---------------------------------- annuity rate ------------------------------------------------------------------------------------
On or after Before (percent) i1 i2 i3 n1 n2
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
167 9-1-07 10-1-07 3.25 4.00 4.00 4.00 7 8
--------------------------------------------------------------------------------------------------------------------------------------------------------
0
3. In appendix C to part 4022, Rate Set 167, as set forth below, is
added to the table.
Appendix C to Part 4022--Lump Sum Interest Rates for Private-Sector
Payments
* * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
For plans with a valuation date Immediate Deferred annuities (percent)
Rate set ---------------------------------- annuity rate ------------------------------------------------------------------------------------
On or after Before (percent) i1 i2 i3 n1 n2
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
167 9-1-07 10-1-07 3.25 4.00 4.00 4.00 7 8
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 45639]]
PART 4044--ALLOCATION OF ASSETS IN SINGLE-EMPLOYER PLANS
0
4. The authority citation for part 4044 continues to read as follows:
Authority: 29 U.S.C. 1301(a), 1302(b)(3), 1341, 1344, 1362.
0
5. In appendix B to part 4044, a new entry for September 2007, as set
forth below, is added to the table.
Appendix B to Part 4044--Interest Rates Used to Value Benefits
* * * * *
----------------------------------------------------------------------------------------------------------------
The values of it are:
For valuation dates occurring ----------------------------------------------------------------------------------
in the month-- it for t = it for t = it for t =
----------------------------------------------------------------------------------------------------------------
* * * * * * *
September 2007............... .0553 1-20 .0520 >20 N/A N/A
----------------------------------------------------------------------------------------------------------------
Issued in Washington, DC, on this 8th day of August 2007.
Vincent K. Snowbarger,
Deputy Director, Pension Benefit Guaranty Corporation.
[FR Doc. E7-15986 Filed 8-14-07; 8:45 am]
BILLING CODE 7709-01-P
