Benefits Payable in Terminated Single-Employer Plans; Allocation of Assets in Single-Employer Plans; Interest Assumptions for Valuing and Paying Benefits, 13754-13756 [E8-5192]
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13754
Federal Register / Vol. 73, No. 51 / Friday, March 14, 2008 / Rules and Regulations
The direct final rule published
on December 14, 2007 (72 FR 71061) is
effective March 13, 2008.
FOR FURTHER INFORMATION CONTACT:
Press Inquiries: Kevin Ropp, OSHA
Office of Communications, Room N–
3647, U.S. Department of Labor, 200
Constitution Avenue, NW., Washington,
DC 20210; telephone: (202) 693–1999.
General and technical information: Don
Pittenger, Director, Office of Safety
Systems, Directorate of Standards and
Guidance, Occupational Safety and
Health Administration, U.S. Department
of Labor, Room N–3609, 200
Constitution Avenue, NW., Washington,
DC 20210; telephone (202) 693–2508.
ADDRESSES: In compliance with 28
U.S.C. 2112(a), OSHA designates the
Associate Solicitor for Occupational
Safety and Health as the recipient of
petitions for review of the final
standard. Contact the Associate Solicitor
at the Office of the Solicitor, Room S–
4004, U.S. Department of Labor, 200
Constitution Avenue, NW., Washington,
DC 20210, telephone: (202) 693–5445.
SUPPLEMENTARY INFORMATION: The direct
final rule, which applies to general
industry, removes a number of
references to national consensus
standards that have requirements that
duplicate, or are comparable to, other
OSHA rules; this action includes
correcting a paragraph citation in one of
these OSHA rules. The direct final rule
also removes a reference to American
Welding Society standard A3.0–1969
(‘‘Terms and Definitions’’).
On December 14, 2007, OSHA
published the direct final rule in the
Federal Register with a statement that
the rule would become effective on
March 13, 2008 unless the Agency
received a significant adverse comment
by January 14, 2008 (72 FR 71061).
OSHA published simultaneously with
the direct final rule a companion
proposed rule (72 FR 71091). In both the
direct final rule and the proposed rule,
OSHA requested comment on any issues
related to this action.
OSHA received six comments on the
direct final rule; none of these
comments was significantly adverse.
Some commenters suggested that
OSHA, instead of removing the
duplicative and outdated references,
update the references to the latest
versions of the consensus standards.
While OSHA will consider updating its
rules to incorporate more recent
versions of the consensus standards in
the future, updating the references is
outside the scope of this rulemaking. In
addition, some commenters mistakenly
believed that removing the duplicative
references would diminish employee
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DATES:
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protection. As explained in the
December 14, 2007 Federal Register
notice, OSHA is removing references
that essentially duplicate requirements
found elsewhere in OSHA’s standards.
For this reason, employee protection
will not be diminished by the direct
final rule. Therefore, the direct final rule
will become effective on March 13,
2008.
Authority and Signature
Edwin G. Foulke, Jr., Assistant
Secretary of Labor for Occupational
Safety and Health, U.S. Department of
Labor, 200 Constitution Avenue, NW.,
Washington, DC 20210, directed the
preparation of this document. OSHA is
issuing this document pursuant to
Sections 4, 6, and 8 of the Occupational
Safety and Health Act of 1970 (29 U.S.C.
653, 655, 657), Secretary of Labor’s
Order 5–2007 (72 FR 31160); and 29
CFR part 1911.
Signed at Washington, DC on March 11,
2008.
Edwin G. Foulke, Jr.
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. E8–5120 Filed 3–13–08; 8:45 am]
BILLING CODE 4510–26–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 April 2008. Interest
assumptions are also published on the
PBGC’s Web site (https://www.pbgc.gov).
DATES: Effective April 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
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
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 April
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 April 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 5.64
percent for the first 20 years following
the valuation date and 4.71 percent
thereafter. These interest assumptions
represent an increase (from those in
effect for March 2008) of 0.10 percent
for the first 20 years following the
valuation date and 0.10 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 an increase (from those in
effect for March 2008) of 0.25% in the
immediate annuity rate and are
E:\FR\FM\14MRR1.SGM
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Federal Register / Vol. 73, No. 51 / Friday, March 14, 2008 / Rules and Regulations
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 April 2008, the
PBGC finds that good cause exists for
making the assumptions set forth in this
Rate set
For plans with a valuation
date
On or after
*
174
Before
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
For plans with a valuation
date
On or after
*
174
Before
*
i1
i2
*
4.00
3.25
*
*
*
i3
4.00
n1
*
n2
*
*
4.00
7
8
n1
n2
Appendix C to Part 4022—Lump Sum
Interest Rates for Private Sector
Payments
*
*
*
*
Deferred annuities (percent)
Immediate
annuity rate
(percent)
i1
3.25
i2
*
4.00
*
05–1–08
i3
4.00
*
*
*
4.00
7
8
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 April 2008, as set forth below,
is added to the table.
*
I
4. The authority citation for part 4044
continues to read as follows:
I
*
Defered annuities (percent)
Immediate
annuity rate
(percent)
*
04–1–08
2. In appendix B to part 4022, Rate Set
174, as set forth below, is added to the
table.
Employee benefit plans, Pension
insurance, Pensions.
*
Rate set
Authority: 29 U.S.C. 1302, 1322, 1322b,
1341(c)(3)(D), and 1344.
Appendix B to Part 4022—Lump Sum
Interest Rates for PBGC Payments
*
3. In appendix C to part 4022, Rate Set
174, as set forth below, is added to the
table.
1. The authority citation for part 4022
continues to read as follows:
I
29 CFR Part 4044
05–1–08
I
PART 4022—BENEFITS PAYABLE IN
TERMINATED SINGLE-EMPLOYER
PLANS
I
Employee benefit plans, Pension
insurance, Pensions, Reporting and
recordkeeping requirements.
*
04–1–08
In consideration of the foregoing, 29
CFR parts 4022 and 4044 are amended
as follows:
I
*
*
*
*
The values of i t are:
For valuation dates occurring in the month—
it
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*
*
April 2008 ..........................................................................
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for t =
it
for t =
1–20
*
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it
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for t =
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N/A
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13756
Federal Register / Vol. 73, No. 51 / Friday, March 14, 2008 / Rules and Regulations
Issued in Washington, DC, on this 7th day
of March 2008.
Vincent K. Snowbarger,
Deputy Director, Pension Benefit Guaranty
Corporation.
[FR Doc. E8–5192 Filed 3–13–08; 8:45 am]
BILLING CODE 7709–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[USCG–2008–0169]
RIN 1625–AA–09
Drawbridge Operation Regulations;
Atlantic Intracoastal Waterway (AIWW),
Wrightsville Beach; Cape Fear and
Northeast Cape Fear Rivers, Both in
Wilmington, NC
Coast Guard, DHS.
Notice of Temporary Deviation
from Regulations.
AGENCY:
ACTION:
SUMMARY: The Commander, Fifth Coast
Guard District, has issued a temporary
deviation from the regulation governing
the operation of three North Carolina
Department of Transportation (NCDOT)
drawbridges: The S.R. 74 Bridge, across
the Atlantic Intracoastal Waterway mile
283.1 at Wrightsville Beach, NC; the
Cape Fear River Memorial Bridge at
mile 26.8, and the Isabel S. Holmes
Bridge, at mile 1.0, across Northeast
Cape Fear River both in Wilmington,
NC, to accommodate distance races.
DATES: This deviation is effective from
7 a.m. to 11:59 p.m. on November 1,
2008.
Materials referred to in this
document are available for inspection or
copying at Commander (dpb), Fifth
Coast Guard District, Federal Building,
1st Floor, 431 Crawford Street,
Portsmouth, VA 23704–5004 between
8 a.m. and 4 p.m., Monday through
Friday, except Federal holidays. The
telephone number is (757) 398–6629.
Commander (dpb), Fifth Coast Guard
District maintains the public docket for
this temporary deviation.
FOR FURTHER INFORMATION CONTACT: Mr.
Gary S. Heyer, Bridge Management
Specialist, Fifth Coast Guard District, at
(757) 398–6629.
SUPPLEMENTARY INFORMATION: The S.R.
74 Bridge across the Atlantic
Intracoastal Waterway (AIWW) mile
283.1 at Wrightsville Beach, a lift
drawbridge, has a vertical clearance in
the closed position to vessels of 20 feet,
above mean high water (MHW). The
sroberts on PROD1PC70 with RULES
ADDRESSES:
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Cape Fear River Memorial Bridge, a
vertical lift drawbridge, has vertical
clearances in full open and closed
positions to vessels of 135 feet and 65
feet above MHW, respectively. The
Isabel S. Holmes Bridge, at mile 1.0,
across Northeast Cape Fear River, a lift
drawbridge, has a vertical clearance in
the closed position to vessels of 40 feet
above MHW.
The Wilmington Family YMCA on
behalf of the NCDOT (the bridge owner)
requested a temporary deviation from
the current operating regulations of the
aforementioned bridges set out in 33
CFR 117.821(a)(5), 33 CFR 117.823 and
33 CFR 117.829(a), respectively, to
accommodate ‘‘The Carolinian’’ Iron
and Half-Iron distance races scheduled
for Saturday, November 1, 2008.
The Coast Guard will inform the users
of the waterways through our Local and
Broadcast Notices to Mariners of the
closure periods for the bridges so that
vessels can arrange their transits to
minimize any impact caused by the
temporary deviation.
To facilitate the races, the
drawbridges will be maintained in the
closed-to-navigation position on
November 1, 2008, at the following
times: From 7 a.m. to 10 a.m. for the
S.R. 74 Bridge; from 11 a.m. to 11:59
p.m. for the Cape Fear River Memorial
Bridge; and from 8 a.m. to 11:59 p.m. for
the Isabel S. Holmes Bridge.
In accordance with 33 CFR 117.35(e),
the drawbridges must return to its
regular operating schedule immediately
at the end of the designated time period.
This deviation from the operating
regulations is authorized under 33 CFR
117.35.
We analyzed this temporary deviation
under Commandant Instruction
M16475.lD which guides the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f). The
environmental impact that this
temporary deviation will have is
minimal because holding the
drawbridges in the closed position for a
limited period, for a public function,
will not result in a change in functional
use, or an impact on a historically
significant element or setting.
Dated: March 5, 2008.
Waverly W. Gregory, Jr.,
Chief, Bridge Administration, Branch, Fifth
Coast Guard District.
[FR Doc. E8–5127 Filed 3–13–08; 8:45 am]
BILLING CODE 4910–15–P
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Frm 00028
Fmt 4700
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[USCG–2008–0061]
RIN 1625–AA11
Regulated Navigation Areas: Cape
Fear River, Wilmington, NC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a regulated navigation area
(RNA) on the waters of the Cape Fear
River, Wilmington, NC. This action is
necessary to minimize the potential risk
of allision to the USS NORTH
CAROLINA, a United States Navy
submarine, while moored at the North
Carolina State Port, Wilmington, NC.
This rule will enhance the safety of
vessels transiting this area of the Cape
Fear River during the period of reduced
horizontal clearance.
DATES: This rule is effective from 8 a.m.
on April 25, 2008, through 8 p.m. on
May 7, 2008.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2008–
0061 and are available online at https://
www.regulations.gov. They are also
available for inspection or copying at
Docket Management Facility (M–30),
U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590–0001, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The
telephone number is 202–366–9329.
FOR FURTHER INFORMATION CONTACT: If
you have questions concerning this rule,
phone CWO4 Stephen Lyons,
Waterways Management Division Chief,
Sector North Carolina, at (252) 247–
4525.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of
proposed rulemaking (NPRM) for this
regulation. The USS NORTH
CAROLINA will be moored in the Cape
Fear River, Wilmington, North Carolina
for an official United States Navy
commissioning ceremony. As the
ceremony is a military function within
the meaning of 5 U.S.C. 553(a)(1), the
Coast Guard will not conduct a notice
and comment period for this temporary
final rule.
E:\FR\FM\14MRR1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 51 (Friday, March 14, 2008)]
[Rules and Regulations]
[Pages 13754-13756]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-5192]
=======================================================================
-----------------------------------------------------------------------
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 April 2008. Interest assumptions are
also published on the PBGC's Web site (https://www.pbgc.gov).
DATES: Effective April 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 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 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 April 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 April 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 5.64 percent for the first 20 years following the
valuation date and 4.71 percent thereafter. These interest assumptions
represent an increase (from those in effect for March 2008) of 0.10
percent for the first 20 years following the valuation date and 0.10
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 an increase (from those in
effect for March 2008) of 0.25% in the immediate annuity rate and are
[[Page 13755]]
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 April
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.
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 174, 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 Defered annuities (percent)
Rate set ---------------------------------- annuity rate ------------------------------------------------------------------------------------
On or after Before (percent) i 1 i 2 i 3 n 1 n 2
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
174 04-1-08 05-1-08 3.25 4.00 4.00 4.00 7 8
--------------------------------------------------------------------------------------------------------------------------------------------------------
0
3. In appendix C to part 4022, Rate Set 174, 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) i 1 i 2 i 3 n 1 n 2
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
174 04-1-08 05-1-08 3.25 4.00 4.00 4.00 7 8
--------------------------------------------------------------------------------------------------------------------------------------------------------
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 April 2008, as set forth
below, is added to the table.
Appendix B to Part 4044--Interest Rates Used to Value Benefits
* * * * *
----------------------------------------------------------------------------------------------------------------
The values of i t are:
For valuation dates -----------------------------------------------------------------------------------
occurring in the month-- i t for t = i t for t = i t for t =
----------------------------------------------------------------------------------------------------------------
* * * * * * *
April 2008.................. .0564 1-20 .0471 >20 N/A N/A
----------------------------------------------------------------------------------------------------------------
[[Page 13756]]
Issued in Washington, DC, on this 7th day of March 2008.
Vincent K. Snowbarger,
Deputy Director, Pension Benefit Guaranty Corporation.
[FR Doc. E8-5192 Filed 3-13-08; 8:45 am]
BILLING CODE 7709-01-P
