Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972, 72945-72947 [E7-24934]
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Federal Register / Vol. 72, No. 246 / Wednesday, December 26, 2007 / Rules and Regulations
employment of, persons with special
employment problems, including
employment activities and programs
under the Manpower Development and
Training Act of 1962, Pub. L. No. 87–
415, 76 Stat. 23 (1962), as amended, and
the Economic Opportunity Act of 1964,
Pub. L. No. 88–452, 78 Stat. 508 (1964),
as amended, for persons among the
long-term unemployed, handicapped,
members of minority groups, older
workers, or youth. * * *
*
*
*
*
*
I 7. Add section 1625.32 to Subpart C
of part 1625 to read as follows:
mstockstill on PROD1PC66 with RULES
§ 1625.32 Coordination of retiree health
benefits with Medicare and State health
benefits.
(a) Definitions.
(1) Employee benefit plan means an
employee benefit plan as defined in 29
U.S.C. 1002(3).
(2) Medicare means the health
insurance program available pursuant to
Title XVIII of the Social Security Act, 42
U.S.C. 1395 et seq.
(3) Comparable State health benefit
plan means a State-sponsored health
benefit plan that, like Medicare,
provides retired participants who have
attained a minimum age with health
benefits, whether or not the type,
amount or value of those benefits is
equivalent to the type, amount or value
of the health benefits provided under
Medicare.
(b) Exemption. Some employee
benefit plans provide health benefits for
retired participants that are altered,
reduced or eliminated when the
participant is eligible for Medicare
health benefits or for health benefits
under a comparable State health benefit
plan, whether or not the participant
actually enrolls in the other benefit
program. Pursuant to the authority
contained in section 9 of the Act, and
in accordance with the procedures
provided therein and in § 1625.30(b) of
this part, it is hereby found necessary
and proper in the public interest to
exempt from all prohibitions of the Act
such coordination of retiree health
benefits with Medicare or a comparable
State health benefit plan.
(c) Scope of Exemption. This
exemption shall be narrowly construed.
No other aspects of ADEA coverage or
employment benefits other than those
specified in paragraph (b) of this section
are affected by the exemption. Thus, for
example, the exemption does not apply
to the use of eligibility for Medicare or
a comparable State health benefit plan
in connection with any act, practice or
benefit of employment not specified in
paragraph (b) of this section. Nor does
it apply to the use of the age of
VerDate Aug<31>2005
18:48 Dec 21, 2007
Jkt 214001
eligibility for Medicare or a comparable
State health benefit plan in connection
with any act, practice or benefit of
employment not specified in paragraph
(b) of this section.
8. In Subpart C of part 1625, add an
Appendix to newly added § 1625.32 as
follows:
Appendix to § 1625.32—Questions and
Answers Regarding Coordination of
Retiree Health Benefits With Medicare
and State Health Benefits
Q1. Why is the Commission issuing an
exemption from the Act?
A1. The Commission recognizes that while
employers are under no legal obligation to
offer retiree health benefits, some employers
choose to do so in order to maintain a
competitive advantage in the marketplace—
using these and other benefits to attract and
retain the best talent available to work for
their organizations. Further, retiree health
benefits clearly benefit workers, allowing
such individuals to acquire affordable health
insurance coverage at a time when private
health insurance coverage might otherwise be
cost prohibitive. The Commission believes
that it is in the best interest of both
employers and employees for the
Commission to pursue a policy that permits
employers to offer these benefits to the
greatest extent possible.
Q2. Does the exemption mean that the Act
no longer applies to retirees?
A2. No. Only the practice of coordinating
retiree health benefits with Medicare (or a
comparable State health benefit plan) as
specified in paragraph (b) of this section is
exempt from the Act. In all other contexts,
the Act continues to apply to retirees to the
same extent that it did prior to the issuance
of this section.
Q3. May an employer offer a ‘‘carve-out
plan’’ for retirees who are eligible for
Medicare or a comparable State health plan?
A3. Yes. A ‘‘carve-out plan’’ reduces the
benefits available under an employee benefit
plan by the amount payable by Medicare or
a comparable State health plan. Employers
may continue to offer such ‘‘carve-out
plans’’and make Medicare or a comparable
State health plan the primary payer of health
benefits for those retirees eligible for
Medicare or the comparable State health
plan.
Q4. Does the exemption also apply to
dependent and/or spousal health benefits
that are included as part of the health
benefits provided for retired participants?
A4. Yes. Because dependent and/or
spousal health benefits are benefits provided
to the retired participant, the exemption
applies to these benefits, just as it does to the
health benefits for the retired participant.
However, dependent and/or spousal benefits
need not be identical to the health benefits
provided for retired participants.
Consequently, dependent and/or spousal
benefits may be altered, reduced or
eliminated pursuant to the exemption
whether or not the health benefits provided
for retired participants are similarly altered,
reduced or eliminated.
PO 00000
Frm 00047
Fmt 4700
Sfmt 4700
72945
Q5. Does the exemption address how the
ADEA may apply to other acts, practices or
employment benefits not specified in the
rule?
A5. No. The exemption only applies to the
practice of coordinating employer-sponsored
retiree health benefits with eligibility for
Medicare or a comparable State health
benefit program. No other aspects of ADEA
coverage or employment benefits other than
retiree health benefits are affected by the
exemption.
Q6. Does the exemption apply to existing,
as well as to newly created, employee benefit
plans?
A6. Yes. The exemption applies to all
retiree health benefits that coordinate with
Medicare (or a comparable State health
benefit plan) as specified in paragraph (b) of
this section, whether those benefits are
provided for in an existing or newly created
employee benefit plan.
Q7. Does the exemption apply to health
benefits that are provided to current
employees who are at or over the age of
Medicare eligibility (or the age of eligibility
for a comparable State health benefit plan)?
A7. No. The exemption applies only to
retiree health benefits, not to health benefits
that are provided to current employees. Thus,
health benefits for current employees must be
provided in a manner that comports with the
requirements of the Act. Moreover, under the
laws governing the Medicare program, an
employer must offer to current employees
who are at or over the age of Medicare
eligibility the same health benefits, under the
same conditions, that it offers to any current
employee under the age of Medicare
eligibility.
Dated: December 17, 2007.
For the Commission.
Naomi C. Earp,
Chair.
[FR Doc. E7–24867 Filed 12–21–07; 8:45 am]
BILLING CODE 6570–01–P
DEPARTMENT OF DEFENSE
Department of the Navy
32 CFR Part 706
Certifications and Exemptions Under
the International Regulations for
Preventing Collisions at Sea, 1972
Department of the Navy, DoD.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Department of the Navy
is amending its certifications and
exemptions under the International
Regulations for Preventing Collisions at
Sea, 1972 (72 COLREGS), to reflect that
the Deputy Assistant Judge Advocate
General (Admiralty and Maritime Law)
has determined that USS FREEDOM
(LCS 1) is a vessel of the Navy which,
due to its special construction and
purpose, cannot fully comply with
certain provisions of the 72 COLREGS
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72946
Federal Register / Vol. 72, No. 246 / Wednesday, December 26, 2007 / Rules and Regulations
without interfering with its special
function as a naval ship. The intended
effect of this rule is to warn mariners in
waters where 72 COLREGS apply.
DATES: This rule is effective December
26, 2007 and is applicable beginning
November 19, 2007.
FOR FURTHER INFORMATION CONTACT:
Commander Gregg A. Cervi, JAGC, U.S.
Navy, Deputy Assistant Judge Advocate
General (Admiralty and Maritime Law),
Office of the Judge Advocate General,
Department of the Navy, 1322 Patterson
Ave., SE., Suite 3000, Washington Navy
Yard, DC 20374–5066, telephone 202–
685–5040.
SUPPLEMENTARY INFORMATION: Pursuant
to the authority granted in 33 U.S.C.
1605, the Department of the Navy
amends 32 CFR part 706. This
amendment provides notice that the
Deputy Assistant Judge Advocate
General (Admiralty and Maritime Law),
under authority delegated by the
Secretary of the Navy, has certified that
USS FREEDOM (LCS 1) is a vessel of the
Navy which, due to its special
construction and purpose, cannot fully
comply with the following specific
provisions of 72 COLREGS without
interfering with its special function as a
naval ship: Annex I, paragraph 2(a)(i),
pertaining to the location of the forward
masthead light at a height not less than
12 meters above the hull; Annex I,
paragraph 3 (a), pertaining to the
location of the forward masthead light
in the forward quarter of the ship and
the horizontal distance between the
masthead lights shall not be less than
one-half of the length of the vessel;
Annex I, paragraph 2(i)iii, pertaining to
the three lights in the task light array
being equally spaced; Rule 27,
paragraph (b) ii, pertaining to the three
all-round lights in a vertical line where
they can best be seen. The Deputy
Assistant Judge Advocate General
(Admiralty and Maritime Law) has also
certified that the lights involved are
located in closest possible compliance
with the applicable 72 COLREGS
requirements.
Moreover, it has been determined, in
accordance with 32 CFR Parts 296 and
701, that publication of this amendment
for public comment prior to adoption is
impracticable, unnecessary, and
contrary to public interest since it is
based on technical findings that the
placement of lights on this vessel in a
manner differently from that prescribed
herein will adversely affect the vessel’s
ability to perform its military functions.
List of Subjects in 32 CFR Part 706
Marine safety, Navigation (water), and
Vessels.
For the reasons set forth in the
preamble, amend part 706 of title 32 of
the Code of Federal Regulations as
follows:
I
PART 706–CERTIFICATIONS AND
EXEMPTIONS UNDER THE
INTERNATIONAL REGULATIONS FOR
PREVENTING COLLISIONS AT SEA,
1972
1. The authority citation for part 706
continues to read as follows:
I
Authority: 33 U.S.C. 1605.
2. Table One, of § 706.2 is amended by
adding, in alpha numerical order by
ship number, the following entry for
USS FREEDOM:
I
§ 706.2 Certifications of the Secretary of
the Navy under Executive Order 11964 and
33 U.S.C. 1605.
*
*
Vessel
*
*
3. Table Five of § 706.2 is amended by
adding, in alpha numerical order by
I
*
*
*
LCS 1
*
*
Distance in meters of forward masthead light below
minimum required height.
Annex I, para 2(a)(i)
Number
*
*
*
*
*
USS FREEDOM ......................................................................................................................................
*
*
*
5.99
*
*
§ 706.2 Certifications of the Secretary of
the Navy under Executive Order 11964 and
33 U.S.C. 1605.
ship number, the following entry for
USS FREEDOM:
*
*
*
*
*
TABLE FIVE
Vessel
No.
*
*
*
*
USS FREEDOM .......................................................................................
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*
*
*
4. Section 706.2 is amended by adding
paragraphs 22 and 23 following Table
Five to read as follows:
I
18:48 Dec 21, 2007
Jkt 214001
LCS 1
*
Forward
Masthead
light not in
forward
quarter of
ship. annex
I, sec. 3(a)
After Masthead Light
less than 1⁄2
ship’s length
of forward
masthead
light. annex
i, sec. 3(a)
*
....................
*
X
X
*
§ 706.2 Certifications of the Secretary of
the Navy under Executive Order 11964 and
33 U.S.C. 1605.
*
VerDate Aug<31>2005
Masterhead
lights not
over all
other lights
and obstructions, annex
I, sec.2(f)
PO 00000
*
*
Frm 00048
*
Fmt 4700
*
Sfmt 4700
*
Percentage
horizontal
separation
attained
*
23
*
22. On the following ships the vertical
separation of the task lights do not meet
the vertical spacing requirements
described by Annex I, 2(i)(iii).
E:\FR\FM\26DER1.SGM
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Federal Register / Vol. 72, No. 246 / Wednesday, December 26, 2007 / Rules and Regulations
Vessel
Number
USS FREEDOM ......................................................................................................................................
23. On the following ships the
verticality of the task lights do not meet
Number
USS FREEDOM ......................................................................................................................................
BILLING CODE 3810–FF–P
DEPARTMENT OF EDUCATION
34 CFR Parts 668, 674, 682, and 685
Federal Student Aid Programs
(Student Assistance General
Provisions, Federal Perkins Loan
Program, Federal Direct Loan Program,
Federal Family Education Loan
Program)
Office of Postsecondary
Education, Department of Education.
ACTION: Notice extending the waivers
and modifications of statutory and
regulatory provisions pursuant to the
Higher Education Relief Opportunities
for Students (HEROES) Act of 2003,
Public Law 108–76.
mstockstill on PROD1PC66 with RULES
AGENCY:
SUMMARY: We are extending the actions
taken by the Secretary pursuant to the
HEROES Act of 2003, as announced in
a notice published in the Federal
Register on December 12, 2003 (68 FR
69312), and extended in a notice
published in the Federal Register on
October 20, 2005 (70 FR 61037).
DATES: Effective Date: December 26,
2007. Applicability Date: The actions
announced in the December 12, 2003,
Federal Register notice and extended in
the October 20, 2005, Federal Register
notice are applicable from September
30, 2007, until September 30, 2012.
FURTHER INFORMATION CONTACT: Wendy
Macias, Office of Postsecondary
Education, U.S. Department of
VerDate Aug<31>2005
18:48 Dec 21, 2007
Jkt 214001
Vertical separation of the
task light array is not equally spaced, the separation
between the middle and
lower task light exceed the
separation between the
upper and middle light by
0.39 meter.
verticality requirements described in
Rule 27(b)(ii).
Vessel
Approved: November 19, 2007.
C.J. Spain,
Commander, JAGC, U.S. Navy, Deputy
Assistant Judge Advocate, General (Admiralty
and Maritime Law), Acting.
[FR Doc. E7–24934 Filed 12–21–07; 8:45 am]
LCS 1
72947
Education, 1990 K Street, NW., room
8017, Washington, DC 20006–8544.
Telephone: (202) 502–7526. E-mail:
Wendy.Macias@ed.gov.
If you use a telecommunications
device for the deaf (TDD), you can call
the Federal Relay Service (FRS), toll free
at 1–800–877–8339.
Individuals with disabilities can
obtain this document in an alternative
format (e.g., Braille, large print,
audiotape, or computer diskette) by
contacting the contact person listed in
this section.
SUPPLEMENTARY INFORMATION: In a notice
published in the Federal Register on
December 12, 2003 (68 FR 69312), the
Secretary exercised the authority
granted to her by the HEROES Act of
2003 and announced the waivers and
modifications of statutory or regulatory
provisions that were appropriate to
assist individuals who are applicants
and recipients of student financial
assistance under Title IV of the Higher
Education Act of 1965, as amended
(HEA), and who—
• Are serving on active military duty
during a war or other military operation
or national emergency;
• Are performing qualifying National
Guard duty during a war or other
military operation or national
emergency;
• Reside or are employed in an area
that is declared a disaster area by any
Federal, State, or local official in
connection with a national emergency;
or
• Suffered direct economic hardship
as a direct result of a war or other
military operation or national
emergency, as determined by the
Secretary.
Under the terms of the HEROES Act
of 2003, the Secretary’s authority to
provide the waivers and modifications
PO 00000
Frm 00049
Fmt 4700
Sfmt 4700
LCS 1
Verticality of lights, when
viewed from directly port or
starboard, the lower task
light is out of alignment
with the upper and middle
task light by:
0.37 meter.
would expire on September 30, 2005.
On September 30, 2005, Pub. L. 109–78
extended the expiration date of the
Secretary’s authority to September 30,
2007. Accordingly, the Secretary
extended the expiration of the waivers
and modifications published on
December 12, 2003, in a notice in the
Federal Register published on October
20, 2005 (70 FR 61037).
On September 30, 2007, the President
signed into law Public Law 110–93,
which eliminated the September 30,
2007, expiration date of the HEROES
Act of 2003, thereby making permanent
the Secretary’s authority to issue
waivers and modifications of statutory
and regulatory provisions under the
HEROES Act of 2003. As a result, we are
extending the waivers and
modifications announced by the
Secretary in the notice published in the
Federal Register on December 12, 2003.
The actions will remain in effect until
September 30, 2012, unless the
Secretary issues a notice in the Federal
Register terminating or changing those
actions before September 30, 2012.
The Secretary intends to review the
waivers and modifications published on
December 12, 2003, in light of recent
statutory and regulatory changes. After
completing that review, the Secretary
will consider whether to change some or
all of the published waivers and
modifications. Any changes to these
waivers and modifications will be
published in a notice in the Federal
Register as required by the HEROES Act
of 2003.
Electronic Access to This Document
You can view this document, as well
as other documents of this Department
published in the Federal Register, in
text or Adobe Portable Document
Format (PDF) on the Internet at the
E:\FR\FM\26DER1.SGM
26DER1
]]>Agencies
[Federal Register Volume 72, Number 246 (Wednesday, December 26, 2007)]
[Rules and Regulations]
[Pages 72945-72947]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-24934]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Department of the Navy
32 CFR Part 706
Certifications and Exemptions Under the International Regulations
for Preventing Collisions at Sea, 1972
AGENCY: Department of the Navy, DoD.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of the Navy is amending its certifications and
exemptions under the International Regulations for Preventing
Collisions at Sea, 1972 (72 COLREGS), to reflect that the Deputy
Assistant Judge Advocate General (Admiralty and Maritime Law) has
determined that USS FREEDOM (LCS 1) is a vessel of the Navy which, due
to its special construction and purpose, cannot fully comply with
certain provisions of the 72 COLREGS
[[Page 72946]]
without interfering with its special function as a naval ship. The
intended effect of this rule is to warn mariners in waters where 72
COLREGS apply.
DATES: This rule is effective December 26, 2007 and is applicable
beginning November 19, 2007.
FOR FURTHER INFORMATION CONTACT: Commander Gregg A. Cervi, JAGC, U.S.
Navy, Deputy Assistant Judge Advocate General (Admiralty and Maritime
Law), Office of the Judge Advocate General, Department of the Navy,
1322 Patterson Ave., SE., Suite 3000, Washington Navy Yard, DC 20374-
5066, telephone 202-685-5040.
SUPPLEMENTARY INFORMATION: Pursuant to the authority granted in 33
U.S.C. 1605, the Department of the Navy amends 32 CFR part 706. This
amendment provides notice that the Deputy Assistant Judge Advocate
General (Admiralty and Maritime Law), under authority delegated by the
Secretary of the Navy, has certified that USS FREEDOM (LCS 1) is a
vessel of the Navy which, due to its special construction and purpose,
cannot fully comply with the following specific provisions of 72
COLREGS without interfering with its special function as a naval ship:
Annex I, paragraph 2(a)(i), pertaining to the location of the forward
masthead light at a height not less than 12 meters above the hull;
Annex I, paragraph 3 (a), pertaining to the location of the forward
masthead light in the forward quarter of the ship and the horizontal
distance between the masthead lights shall not be less than one-half of
the length of the vessel; Annex I, paragraph 2(i)iii, pertaining to the
three lights in the task light array being equally spaced; Rule 27,
paragraph (b) ii, pertaining to the three all-round lights in a
vertical line where they can best be seen. The Deputy Assistant Judge
Advocate General (Admiralty and Maritime Law) has also certified that
the lights involved are located in closest possible compliance with the
applicable 72 COLREGS requirements.
Moreover, it has been determined, in accordance with 32 CFR Parts
296 and 701, that publication of this amendment for public comment
prior to adoption is impracticable, unnecessary, and contrary to public
interest since it is based on technical findings that the placement of
lights on this vessel in a manner differently from that prescribed
herein will adversely affect the vessel's ability to perform its
military functions.
List of Subjects in 32 CFR Part 706
Marine safety, Navigation (water), and Vessels.
0
For the reasons set forth in the preamble, amend part 706 of title 32
of the Code of Federal Regulations as follows:
PART 706-CERTIFICATIONS AND EXEMPTIONS UNDER THE INTERNATIONAL
REGULATIONS FOR PREVENTING COLLISIONS AT SEA, 1972
0
1. The authority citation for part 706 continues to read as follows:
Authority: 33 U.S.C. 1605.
0
2. Table One, of Sec. 706.2 is amended by adding, in alpha numerical
order by ship number, the following entry for USS FREEDOM:
Sec. 706.2 Certifications of the Secretary of the Navy under
Executive Order 11964 and 33 U.S.C. 1605.
* * * * *
----------------------------------------------------------------------------------------------------------------
Distance in meters of forward masthead light below
Vessel Number minimum required height. Annex I, para 2(a)(i)
----------------------------------------------------------------------------------------------------------------
* * * * * * *
USS FREEDOM................................... LCS 1 5.99
* * * * * * *
----------------------------------------------------------------------------------------------------------------
0
3. Table Five of Sec. 706.2 is amended by adding, in alpha numerical
order by ship number, the following entry for USS FREEDOM:
Sec. 706.2 Certifications of the Secretary of the Navy under
Executive Order 11964 and 33 U.S.C. 1605.
* * * * *
Table Five
----------------------------------------------------------------------------------------------------------------
After Mast-
head Light
Masterhead Forward less than
lights not Masthead \1/2\
over all light not ship's Percentage
Vessel No. other lights in forward length of horizontal
and quarter of forward separation
obstructions, ship. annex masthead attained
annex I, I, sec. light.
sec.2(f) 3(a) annex i,
sec. 3(a)
----------------------------------------------------------------------------------------------------------------
* * * * * * *
USS FREEDOM.................................. LCS 1 ............. X X 23
* * * * * * *
----------------------------------------------------------------------------------------------------------------
0
4. Section 706.2 is amended by adding paragraphs 22 and 23 following
Table Five to read as follows:
Sec. 706.2 Certifications of the Secretary of the Navy under
Executive Order 11964 and 33 U.S.C. 1605.
* * * * *
22. On the following ships the vertical separation of the task
lights do not meet the vertical spacing requirements described by Annex
I, 2(i)(iii).
[[Page 72947]]
----------------------------------------------------------------------------------------------------------------
Vertical separation of the task light array is not
equally spaced, the separation between the middle
Vessel Number and lower task light exceed the separation between
the upper and middle light by
----------------------------------------------------------------------------------------------------------------
USS FREEDOM................................... LCS 1 0.39 meter.
----------------------------------------------------------------------------------------------------------------
23. On the following ships the verticality of the task lights do
not meet verticality requirements described in Rule 27(b)(ii).
----------------------------------------------------------------------------------------------------------------
Verticality of lights, when viewed from directly
Vessel Number port or starboard, the lower task light is out of
alignment with the upper and middle task light by:
----------------------------------------------------------------------------------------------------------------
USS FREEDOM................................... LCS 1 0.37 meter.
----------------------------------------------------------------------------------------------------------------
Approved: November 19, 2007.
C.J. Spain,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General
(Admiralty and Maritime Law), Acting.
[FR Doc. E7-24934 Filed 12-21-07; 8:45 am]
BILLING CODE 3810-FF-P
