Incentive Award Program Delegation, 8815-8816 [E8-2952]
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Federal Register / Vol. 73, No. 32 / Friday, February 15, 2008 / Rules and Regulations
beneficiary’s QPAI and W–2 wages from
other sources, if any.
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Linda E. Stiff,
Deputy Commissioner for Services and
Enforcement.
Approved: February 1, 2008.
Eric Solomon,
Assistant Secretary of the Treasury (Tax
Policy).
[FR Doc. E8–2761 Filed 2–14–08; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF JUSTICE
Office of the Attorney General
28 CFR Part 0
[A.G. Order No. [2949–2008]]
Incentive Award Program Delegation
Department of Justice.
ACTION: Final rule.
rwilkins on PROD1PC63 with RULES
AGENCY:
SUMMARY: This rule amends part 0 of
title 28 of the Code of Federal
Regulations to increase from $5,000 to
$7,500 the dollar limit up to which
certain component heads of the
Department of Justice may approve
incentive awards. The rule also makes
minor revisions to the regulations to
reflect organizational changes and
updated terminology, and to provide for
consistency with existing personnel
delegations.
DATES: This rule is effective February
15, 2008.
FOR FURTHER INFORMATION CONTACT:
Jeanarta C. McEachron, Justice
Management Division, U.S. Department
of Justice, 1331 Pennsylvania Ave.,
NW., Suite 1110, Washington, DC
20530; Telephone: (202) 514–3663.
SUPPLEMENTARY INFORMATION: The
Attorney General’s authority under
Department of Justice incentive award
programs to approve honorary awards
and cash awards up to a certain dollar
amount has been delegated to the heads
of certain Department components.
Award amounts above the limit require
Attorney General approval. The dollar
limit of $5,000 was set more than 25
years ago. See 46 FR 52339–01, Oct. 27,
1981. The Department has decided to
raise the dollar limit from $5,000 to
$7,500 to provide the heads of
components with greater flexibility to
reward outstanding employees. In
addition, the revised regulations reflect
organizational changes within the
Department and provide for consistency
with existing delegations of personnel
authority. Specifically, the
VerDate Aug<31>2005
16:50 Feb 14, 2008
Jkt 214001
Commissioner of Immigration and
Naturalization has been deleted from
the list of officials with approval
authority, the Director of the Office of
Justice Assistance, Research and
Statistics has been replaced by the
Assistant Attorney General for the
Office of Justice Programs, and the
Director of the Executive Office for U.S.
Trustees and the Director of the
Executive Office for Immigration
Review have been added. The
delegation also makes clear that it
applies to personnel in General
Schedule grades GS–1 through GS–15,
administratively determined pay
systems, and wage board positions, but
it excludes all Schedule C positions.
Finally, the term ‘‘Incentive Awards
Plan’’ has been changed to ‘‘Incentive
Award Program’’ for consistency with
Office of Personnel Management
regulations and Department orders.
Administrative Procedure Act
This rule is a rule of agency
organization, procedure, and practice
and is limited to matters of agency
management and personnel. Therefore,
this rule is exempt from the
requirements of prior notice and
comment and a 30-day delay in the
effective date. See 5 U.S.C. 553(a)(2),
(b)(3)(A).
Regulatory Flexibility Act
The Attorney General, in accordance
with the Regulatory Flexibility Act, 5
U.S.C. 605(b), has reviewed this rule
and, by approving it, certifies that it will
not have a significant economic impact
on a substantial number of small
entities. Further, a Regulatory
Flexibility Analysis was not required to
be prepared for this final rule since the
Department was not required to publish
a general notice of proposed rulemaking
for this matter.
Executive Order 12866
This rule has been drafted and
reviewed in accordance with Executive
Order 12866, Regulatory Planning and
Review, section 1(b), Principles of
Regulation. This rule is limited to
agency organization, management, and
personnel as described by Executive
Order 12866, section 3(d)(3), and
therefore is not a ‘‘regulation’’ or ‘‘rule’’
as defined by that Executive Order.
Accordingly, this action has not been
reviewed by the Office of Management
and Budget.
Executive Order 12988
This regulation meets the applicable
standards set forth in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil
Justice Reform.
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8815
Executive Order 13132
This rule will not have substantial
direct effects on the States, on the
relationship between the national
government and the States, or on
distribution of power and
responsibilities among the various
levels of government. Therefore, in
accordance with Executive Order 13132,
Federalism, the Department has
determined that this rule does not have
sufficient federalism implications to
warrant the preparation of a federalism
summary impact statement.
Unfunded Mandates Reform Act of
1995
This rule will not result in the
expenditure by State, local and tribal
governments, in the aggregate, or by the
private sector of $100,000,000 or more
in any one year, and it will not
significantly or uniquely affect small
governments. Therefore, no actions were
deemed necessary under the provisions
of the Unfunded Mandates Reform Act
of 1995, 2 U.S.C. 1501 et seq.
Congressional Review Act
This action pertains to agency
management, personnel and
organization and does not substantially
affect the rights or obligations of nonagency parties and, accordingly, is not
a ‘‘rule’’ as that term is used by the
Congressional Review Act (Subtitle E of
the Small Business Regulatory
Enforcement Fairness Act of 1996
(SBREFA)). Therefore, the reporting
requirement of 5 U.S.C. 801 does not
apply.
List of Subjects in 28 CFR Part 0
Authority delegations (Government
agencies), Government employees,
Organization and functions
(Government agencies), Whistleblowing.
Accordingly, for the reasons set forth
in the preamble, part 0 of chapter I of
title 28 of the Code of Federal
Regulations is amended as follows:
I
PART 0—ORGANIZATION OF THE
DEPARTMENT OF JUSTICE
1. The authority citation for part 0
continues to read as follows:
I
Authority: 5 U.S.C. 301; 28 U.S.C. 509,
510, 515–519.
2. In section 0.11, revise paragraph (a)
to read as follows:
I
§ 0.11
Incentive Awards Board.
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(a) Consider and make
recommendations to the Attorney
General concerning honorary awards
and cash awards in excess of $7,500 to
E:\FR\FM\15FER1.SGM
15FER1
8816
Federal Register / Vol. 73, No. 32 / Friday, February 15, 2008 / Rules and Regulations
be granted for suggestions, inventions,
superior accomplishment, or other
personal effort which contributes to the
efficiency, economy, or other
improvement of Government operations
or achieves a significant reduction in
paperwork.
*
*
*
*
*
I
3. Revise § 0.143 to read as follows:
§ 0.143
Incentive Award Program.
The Director of the Federal Bureau of
Investigation, the Director of the Bureau
of Prisons, the Commissioner of Federal
Prison Industries, the Administrator of
the Drug Enforcement Administration,
the Director of the Bureau of Alcohol,
Tobacco, Firearms, and Explosives, the
Assistant Attorney General for the
Office of Justice Programs, the Director
of the Executive Office for U.S.
Attorneys, the Director of the Executive
Office for U.S. Trustees, the Director of
the Executive Office for Immigration
Review, and the Director of the U.S.
Marshals Service, as to their respective
jurisdictions, and the Assistant Attorney
General for Administration, as to all
other organizational units of the
Department, are authorized to exercise
the power and authority vested in the
Attorney General by law with respect to
the administration of the Incentive
Award Program and to approve
honorary awards and cash awards under
such program not in excess of $7,500 for
personnel in General Schedule grades
GS–1 through GS–15, administratively
determined pay systems, and wage
board positions, but excluding all
Schedule C positions.
Dated: February 8, 2008.
Michael B. Mukasey,
Attorney General.
[FR Doc. E8–2952 Filed 2–14–08; 8:45 am]
BILLING CODE 4410–19–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.
rwilkins on PROD1PC63 with RULES
AGENCY:
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
SUMMARY:
VerDate Aug<31>2005
16:50 Feb 14, 2008
Jkt 214001
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 March 2008. Interest
assumptions are also published on the
PBGC’s Web site (https://www.pbgc.gov).
DATES: Effective March 1, 2008.
FOR FURTHER INFORMATION CONTACT:
Catherine B. Klion, Manager, Regulatory
and Policy Division, Legislative and
Regulatory Department, Pension Benefit
Guaranty Corporation, 1200 K Street,
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 March 2008, (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
March 2008, 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 March 2008.
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 5.54
percent for the first 20 years following
the valuation date and 4.61 percent
thereafter. These interest assumptions
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
represent an increase (from those in
effect for February 2008) 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 3.00 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 (from those in
effect for February 2008) of 0.25% in the
immediate annuity rate 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 March 2008, 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.
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
E:\FR\FM\15FER1.SGM
15FER1
Agencies
[Federal Register Volume 73, Number 32 (Friday, February 15, 2008)]
[Rules and Regulations]
[Pages 8815-8816]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-2952]
=======================================================================
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DEPARTMENT OF JUSTICE
Office of the Attorney General
28 CFR Part 0
[A.G. Order No. [2949-2008]]
Incentive Award Program Delegation
AGENCY: Department of Justice.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule amends part 0 of title 28 of the Code of Federal
Regulations to increase from $5,000 to $7,500 the dollar limit up to
which certain component heads of the Department of Justice may approve
incentive awards. The rule also makes minor revisions to the
regulations to reflect organizational changes and updated terminology,
and to provide for consistency with existing personnel delegations.
DATES: This rule is effective February 15, 2008.
FOR FURTHER INFORMATION CONTACT: Jeanarta C. McEachron, Justice
Management Division, U.S. Department of Justice, 1331 Pennsylvania
Ave., NW., Suite 1110, Washington, DC 20530; Telephone: (202) 514-3663.
SUPPLEMENTARY INFORMATION: The Attorney General's authority under
Department of Justice incentive award programs to approve honorary
awards and cash awards up to a certain dollar amount has been delegated
to the heads of certain Department components. Award amounts above the
limit require Attorney General approval. The dollar limit of $5,000 was
set more than 25 years ago. See 46 FR 52339-01, Oct. 27, 1981. The
Department has decided to raise the dollar limit from $5,000 to $7,500
to provide the heads of components with greater flexibility to reward
outstanding employees. In addition, the revised regulations reflect
organizational changes within the Department and provide for
consistency with existing delegations of personnel authority.
Specifically, the Commissioner of Immigration and Naturalization has
been deleted from the list of officials with approval authority, the
Director of the Office of Justice Assistance, Research and Statistics
has been replaced by the Assistant Attorney General for the Office of
Justice Programs, and the Director of the Executive Office for U.S.
Trustees and the Director of the Executive Office for Immigration
Review have been added. The delegation also makes clear that it applies
to personnel in General Schedule grades GS-1 through GS-15,
administratively determined pay systems, and wage board positions, but
it excludes all Schedule C positions. Finally, the term ``Incentive
Awards Plan'' has been changed to ``Incentive Award Program'' for
consistency with Office of Personnel Management regulations and
Department orders.
Administrative Procedure Act
This rule is a rule of agency organization, procedure, and practice
and is limited to matters of agency management and personnel.
Therefore, this rule is exempt from the requirements of prior notice
and comment and a 30-day delay in the effective date. See 5 U.S.C.
553(a)(2), (b)(3)(A).
Regulatory Flexibility Act
The Attorney General, in accordance with the Regulatory Flexibility
Act, 5 U.S.C. 605(b), has reviewed this rule and, by approving it,
certifies that it will not have a significant economic impact on a
substantial number of small entities. Further, a Regulatory Flexibility
Analysis was not required to be prepared for this final rule since the
Department was not required to publish a general notice of proposed
rulemaking for this matter.
Executive Order 12866
This rule has been drafted and reviewed in accordance with
Executive Order 12866, Regulatory Planning and Review, section 1(b),
Principles of Regulation. This rule is limited to agency organization,
management, and personnel as described by Executive Order 12866,
section 3(d)(3), and therefore is not a ``regulation'' or ``rule'' as
defined by that Executive Order. Accordingly, this action has not been
reviewed by the Office of Management and Budget.
Executive Order 12988
This regulation meets the applicable standards set forth in
sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice
Reform.
Executive Order 13132
This rule will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on distribution of power and responsibilities among the various levels
of government. Therefore, in accordance with Executive Order 13132,
Federalism, the Department has determined that this rule does not have
sufficient federalism implications to warrant the preparation of a
federalism summary impact statement.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local and
tribal governments, in the aggregate, or by the private sector of
$100,000,000 or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions were deemed
necessary under the provisions of the Unfunded Mandates Reform Act of
1995, 2 U.S.C. 1501 et seq.
Congressional Review Act
This action pertains to agency management, personnel and
organization and does not substantially affect the rights or
obligations of non-agency parties and, accordingly, is not a ``rule''
as that term is used by the Congressional Review Act (Subtitle E of the
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA)).
Therefore, the reporting requirement of 5 U.S.C. 801 does not apply.
List of Subjects in 28 CFR Part 0
Authority delegations (Government agencies), Government employees,
Organization and functions (Government agencies), Whistleblowing.
0
Accordingly, for the reasons set forth in the preamble, part 0 of
chapter I of title 28 of the Code of Federal Regulations is amended as
follows:
PART 0--ORGANIZATION OF THE DEPARTMENT OF JUSTICE
0
1. The authority citation for part 0 continues to read as follows:
Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510, 515-519.
0
2. In section 0.11, revise paragraph (a) to read as follows:
Sec. 0.11 Incentive Awards Board.
* * * * *
(a) Consider and make recommendations to the Attorney General
concerning honorary awards and cash awards in excess of $7,500 to
[[Page 8816]]
be granted for suggestions, inventions, superior accomplishment, or
other personal effort which contributes to the efficiency, economy, or
other improvement of Government operations or achieves a significant
reduction in paperwork.
* * * * *
0
3. Revise Sec. 0.143 to read as follows:
Sec. 0.143 Incentive Award Program.
The Director of the Federal Bureau of Investigation, the Director
of the Bureau of Prisons, the Commissioner of Federal Prison
Industries, the Administrator of the Drug Enforcement Administration,
the Director of the Bureau of Alcohol, Tobacco, Firearms, and
Explosives, the Assistant Attorney General for the Office of Justice
Programs, the Director of the Executive Office for U.S. Attorneys, the
Director of the Executive Office for U.S. Trustees, the Director of the
Executive Office for Immigration Review, and the Director of the U.S.
Marshals Service, as to their respective jurisdictions, and the
Assistant Attorney General for Administration, as to all other
organizational units of the Department, are authorized to exercise the
power and authority vested in the Attorney General by law with respect
to the administration of the Incentive Award Program and to approve
honorary awards and cash awards under such program not in excess of
$7,500 for personnel in General Schedule grades GS-1 through GS-15,
administratively determined pay systems, and wage board positions, but
excluding all Schedule C positions.
Dated: February 8, 2008.
Michael B. Mukasey,
Attorney General.
[FR Doc. E8-2952 Filed 2-14-08; 8:45 am]
BILLING CODE 4410-19-P