Nondiscrimination on the Basis of Disability in Air Travel, 53114-53115 [E8-21204]
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53114
Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Rules and Regulations
Issued in Seattle, Washington, on August
28, 2008.
Kevin Nolan,
Acting Manager, Operations Support Group,
Western Service Center.
[FR Doc. E8–21225 Filed 9–12–08; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
14 CFR Part 382
[Docket No. DOT–OST–2008–0272 and
DOT–OST–2008–0273]
Nondiscrimination on the Basis of
Disability in Air Travel
Department of Transportation,
Office of the Secretary.
ACTION: Notice of availability of
electronic submission.
jlentini on PROD1PC65 with RULES
AGENCY:
SUMMARY: The Department of
Transportation is publishing the
following document regarding the
provisions on conflict of laws and
equivalent alternative determinations
contained in the Office of the Secretary
(OST) final rule on ‘‘Nondiscrimination
on the Basis of Disability in Air Travel’’
(73 FR 27614; May 13, 2008). The
document announces the availability of
electronic submissions for conflict of
law waiver requests and applications for
equivalent alternative determinations
through the Federal Docket Management
System (FDMS). It also provides
guidance to U.S. and foreign air carriers
on how to submit such requests and
applications through FDMS.
DATES: This document is effective on
September 15, 2008.
FOR FURTHER INFORMATION CONTACT:
Blane A. Workie, Chief, Aviation Civil
Rights Compliance Branch, Office of the
Assistant General Counsel for Aviation
Enforcement and Proceedings,
Department of Transportation, 1200
New Jersey Avenue, SE., Room W98–
310, Washington, DC 20590, (202) 366–
9342.
SUPPLEMENTARY INFORMATION: On May
13, 2008, the Department of
Transportation published a final rule
amending its Air Carrier Access Act
(ACAA) rules to apply to foreign air
carriers and adding new provisions
concerning passengers who use medical
oxygen and passengers who are deaf or
hard-of-hearing. The rule, which applies
to U.S. carriers wherever their
operations take place and foreign air
carriers with respect to their flights that
begin or end at a U.S. airport, allows
carriers to apply to the Department of
Transportation (DOT or Department) for
VerDate Aug<31>2005
17:00 Sep 12, 2008
Jkt 214001
a waiver from the requirements in the
rule if a foreign legal requirement
conflicts with a given provision of this
rule. A carrier that submits a conflict of
law waiver request on or before
September 10, 2008, obtains a
commitment from DOT not to take
enforcement action related to the
allegedly conflicting foreign law
pending DOT’s response to the waiver
request.
The rule also permits U.S. and foreign
carriers to apply to the Department for
a determination on what the final rule
calls an ‘‘equivalent alternative.’’ A
carrier that submits an application for
an equivalent alternative determination
on or before September 10, 2008, can
implement its proposed equivalent
alternative unless and until the
Department disapproves it. However, a
carrier that submits such an application
after September 10, 2008, cannot use its
proposed equivalent alternative unless
and until the Department approves it.
The rule specifies that carriers must
send conflict of law waiver requests or
applications for equivalent alternative
determinations to the Assistant General
Counsel for Aviation Enforcement and
Proceedings. It provides the following
address for paper submissions of such
requests/applications: Assistant General
Counsel for Aviation Enforcement and
Proceedings, C–70, U.S. Department of
Transportation, 1200 New Jersey
Avenue, SE., Room W96–322,
Washington, DC 20590. It does not
provide a mechanism for submitting the
information electronically. The purpose
of this notice is to inform airlines that
they have the option of electronically
submitting a conflict of law waiver
request or an application for an
equivalent alternative determination
through FDMS as a substitute for paper
submission. The Department believes
that allowing carriers to submit the
requested information through FDMS
will make the process more efficient for
carriers and will best ensure the timely
receipt by the Office of the Assistant
General Counsel for Aviation
Enforcement and Proceedings (Aviation
Enforcement Office) of the waiver
requests and applications for equivalent
alternative determinations. It should be
noted that the filing of waiver requests
or applications by mail is still permitted
but this notice provides another
mechanism for submitting such
requests/applications.
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
Manner of Submitting a Conflict of Law
Waiver Request and an Application for
Equivalent Alternative Determination
Has a Public Docket Been Established?
DOT has established an official public
docket for conflict of law waiver
requests under docket identification (ID)
number DOT–OST–2008–0272 and for
applications for equivalent alternative
determinations under docket
identification ID DOT–OST–2008–0273.
The official public docket will consist of
the waiver requests or applications and
other information related to those
actions (e.g., approval or denial of
requests/applications). Although a part
of the official docket, the public docket
is not intended to include Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. The official public
docket is the collection of materials that
is available for public viewing.
How Do I Submit a Conflict of Law
Waiver Request or an Application for
Equivalent Alternative Determination
Through the Electronic Public Docket in
FDMS?
You may submit requests/applications
electronically through FDMS by taking
the following steps:
a. Go directly to www.regulations.gov
<https://www.regulations.gov/> and use
the SEARCH DOCUMENTS field to
input your docket number. Click the GO
>> command to see your search results.
b. Click on the ‘‘Send a Comment or
Submission’’ link (the yellow speech
bubble should be available) after
insuring that you have the correct
docket. This can be verified by checking
the DOCKET ID information.
c. You will now be sent to the PUBLIC
COMMENT AND SUBMISSION FORM;
here you will fill out submitter
information, as well as attach any
documents you wish to upload (note:
you can have multiple submissions
attached, the size limit is 10 megabytes).
The only required field on this form is
the GENERAL COMMENTS BOX. If
uploading attachments you would first
click ‘‘browse’’ to find the file you wish
to attach, then click ‘‘add attachment’’
to attach the file to your comment.
d. After uploading any attachments
and filling in the form, you will click
the ‘‘NEXT STEP’’ button to go to the
REVIEW COMMENT page; here you can
double check the information you
provided and verify that everything is
correct before going to the final step.
e. Once you have clicked the SUBMIT
button, you will be taken to the
COMMENT SUBMITTED page, and
given a receipt with a COMMENT
TRACKING NUMBER. You will want to
E:\FR\FM\15SER1.SGM
15SER1
Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Rules and Regulations
information whose disclosure is
restricted by statute.
write this down or print the page for
your records. This information can be
used to track your submission.
To ensure proper receipt by the
Department, identify the appropriate
docket ID number in the subject line on
the first page of your request or
application.
BILLING CODE 4910–9X–P
jlentini on PROD1PC65 with RULES
How Should I Submit Confidential
Business Information (CBI) to the
Agency?
You should not submit information
that you consider to be CBI through the
electronic public docket in FDMS. If
you wish to take advantage of the
opportunity to electronically submit a
conflict of law waiver request or an
application for an equivalent alternative
determination but a portion of your
request or application contains CBI,
then you should send by mail to the
Aviation Enforcement Office the
original document containing CBI and
submit a second copy of the original
document with the CBI redacted in
FDMS. The date that you submit the
document to FDMS will be considered
the receipt date.
The original document that you mail
to the Aviation Enforcement Office
should clearly indicate which material
you believe contains confidential
information. You can do this by marking
‘‘confidential’’ on each page of the
original document that you would like
to keep confidential and highlighting or
underlining the CBI. You will also need
to explain why the information is
confidential (as a trade secret, other
confidential commercial information, or
sensitive security information (SSI)). In
your explanation, you should provide
enough information to enable the
Department to determine whether the
information provided is protected by
law and must be handled separately.
Information not marked as CBI will be
included in FDMS without prior notice.
Also, if you do not provide an
explanation of why the information is
confidential you risk the Department
including it in the public docket. The
Department will also place in the public
docket those portions of submissions
that a carrier may have redacted but that
the agency determines are not trade
secrets, other confidential commercial
information, or SSI. DOT’s policy is that
waiver requests or applications for
equivalent alternative determinations
will be made available for public
viewing in DOT’s electronic public
docket (i.e., FDMS) as DOT receives
them and without change, unless the
request or application contains
copyrighted material, CBI, or other
VerDate Aug<31>2005
17:00 Sep 12, 2008
Jkt 214001
Dated: September 8, 2008.
Samuel Podberesky,
Assistant General Counsel for Aviation
Enforcement and Proceedings, U.S.
Department of Transportation.
[FR Doc. E8–21204 Filed 9–12–08; 8:45 am]
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 October 2008. Interest
assumptions are also published on the
PBGC’s Web site (https://www.pbgc.gov).
DATES: Effective October 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
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
53115
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 October 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
October 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 October 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 6.18
percent for the first 20 years following
the valuation date and 5.25 percent
thereafter. These interest assumptions
represent a decrease (from those in
effect for September 2008) of 0.06
percent for the first 20 years following
the valuation date and 0.06 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 (from those in
effect for September 2008) of 0.25
percent 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 October 2008,
the PBGC finds that good cause exists
for making the assumptions set forth in
E:\FR\FM\15SER1.SGM
15SER1
]]>Agencies
[Federal Register Volume 73, Number 179 (Monday, September 15, 2008)]
[Rules and Regulations]
[Pages 53114-53115]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-21204]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
14 CFR Part 382
[Docket No. DOT-OST-2008-0272 and DOT-OST-2008-0273]
Nondiscrimination on the Basis of Disability in Air Travel
AGENCY: Department of Transportation, Office of the Secretary.
ACTION: Notice of availability of electronic submission.
-----------------------------------------------------------------------
SUMMARY: The Department of Transportation is publishing the following
document regarding the provisions on conflict of laws and equivalent
alternative determinations contained in the Office of the Secretary
(OST) final rule on ``Nondiscrimination on the Basis of Disability in
Air Travel'' (73 FR 27614; May 13, 2008). The document announces the
availability of electronic submissions for conflict of law waiver
requests and applications for equivalent alternative determinations
through the Federal Docket Management System (FDMS). It also provides
guidance to U.S. and foreign air carriers on how to submit such
requests and applications through FDMS.
DATES: This document is effective on September 15, 2008.
FOR FURTHER INFORMATION CONTACT: Blane A. Workie, Chief, Aviation Civil
Rights Compliance Branch, Office of the Assistant General Counsel for
Aviation Enforcement and Proceedings, Department of Transportation,
1200 New Jersey Avenue, SE., Room W98-310, Washington, DC 20590, (202)
366-9342.
SUPPLEMENTARY INFORMATION: On May 13, 2008, the Department of
Transportation published a final rule amending its Air Carrier Access
Act (ACAA) rules to apply to foreign air carriers and adding new
provisions concerning passengers who use medical oxygen and passengers
who are deaf or hard-of-hearing. The rule, which applies to U.S.
carriers wherever their operations take place and foreign air carriers
with respect to their flights that begin or end at a U.S. airport,
allows carriers to apply to the Department of Transportation (DOT or
Department) for a waiver from the requirements in the rule if a foreign
legal requirement conflicts with a given provision of this rule. A
carrier that submits a conflict of law waiver request on or before
September 10, 2008, obtains a commitment from DOT not to take
enforcement action related to the allegedly conflicting foreign law
pending DOT's response to the waiver request.
The rule also permits U.S. and foreign carriers to apply to the
Department for a determination on what the final rule calls an
``equivalent alternative.'' A carrier that submits an application for
an equivalent alternative determination on or before September 10,
2008, can implement its proposed equivalent alternative unless and
until the Department disapproves it. However, a carrier that submits
such an application after September 10, 2008, cannot use its proposed
equivalent alternative unless and until the Department approves it.
The rule specifies that carriers must send conflict of law waiver
requests or applications for equivalent alternative determinations to
the Assistant General Counsel for Aviation Enforcement and Proceedings.
It provides the following address for paper submissions of such
requests/applications: Assistant General Counsel for Aviation
Enforcement and Proceedings, C-70, U.S. Department of Transportation,
1200 New Jersey Avenue, SE., Room W96-322, Washington, DC 20590. It
does not provide a mechanism for submitting the information
electronically. The purpose of this notice is to inform airlines that
they have the option of electronically submitting a conflict of law
waiver request or an application for an equivalent alternative
determination through FDMS as a substitute for paper submission. The
Department believes that allowing carriers to submit the requested
information through FDMS will make the process more efficient for
carriers and will best ensure the timely receipt by the Office of the
Assistant General Counsel for Aviation Enforcement and Proceedings
(Aviation Enforcement Office) of the waiver requests and applications
for equivalent alternative determinations. It should be noted that the
filing of waiver requests or applications by mail is still permitted
but this notice provides another mechanism for submitting such
requests/applications.
Manner of Submitting a Conflict of Law Waiver Request and an
Application for Equivalent Alternative Determination
Has a Public Docket Been Established?
DOT has established an official public docket for conflict of law
waiver requests under docket identification (ID) number DOT-OST-2008-
0272 and for applications for equivalent alternative determinations
under docket identification ID DOT-OST-2008-0273. The official public
docket will consist of the waiver requests or applications and other
information related to those actions (e.g., approval or denial of
requests/applications). Although a part of the official docket, the
public docket is not intended to include Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. The official public docket is the collection of materials
that is available for public viewing.
How Do I Submit a Conflict of Law Waiver Request or an Application for
Equivalent Alternative Determination Through the Electronic Public
Docket in FDMS?
You may submit requests/applications electronically through FDMS by
taking the following steps:
a. Go directly to www.regulations.gov <https://www.regulations.gov/
and use the SEARCH DOCUMENTS field to input your docket
number. Click the GO >> command to see your search results.
b. Click on the ``Send a Comment or Submission'' link (the yellow
speech bubble should be available) after insuring that you have the
correct docket. This can be verified by checking the DOCKET ID
information.
c. You will now be sent to the PUBLIC COMMENT AND SUBMISSION FORM;
here you will fill out submitter information, as well as attach any
documents you wish to upload (note: you can have multiple submissions
attached, the size limit is 10 megabytes). The only required field on
this form is the GENERAL COMMENTS BOX. If uploading attachments you
would first click ``browse'' to find the file you wish to attach, then
click ``add attachment'' to attach the file to your comment.
d. After uploading any attachments and filling in the form, you
will click the ``NEXT STEP'' button to go to the REVIEW COMMENT page;
here you can double check the information you provided and verify that
everything is correct before going to the final step.
e. Once you have clicked the SUBMIT button, you will be taken to
the COMMENT SUBMITTED page, and given a receipt with a COMMENT TRACKING
NUMBER. You will want to
[[Page 53115]]
write this down or print the page for your records. This information
can be used to track your submission.
To ensure proper receipt by the Department, identify the appropriate
docket ID number in the subject line on the first page of your request
or application.
How Should I Submit Confidential Business Information (CBI) to the
Agency?
You should not submit information that you consider to be CBI
through the electronic public docket in FDMS. If you wish to take
advantage of the opportunity to electronically submit a conflict of law
waiver request or an application for an equivalent alternative
determination but a portion of your request or application contains
CBI, then you should send by mail to the Aviation Enforcement Office
the original document containing CBI and submit a second copy of the
original document with the CBI redacted in FDMS. The date that you
submit the document to FDMS will be considered the receipt date.
The original document that you mail to the Aviation Enforcement
Office should clearly indicate which material you believe contains
confidential information. You can do this by marking ``confidential''
on each page of the original document that you would like to keep
confidential and highlighting or underlining the CBI. You will also
need to explain why the information is confidential (as a trade secret,
other confidential commercial information, or sensitive security
information (SSI)). In your explanation, you should provide enough
information to enable the Department to determine whether the
information provided is protected by law and must be handled
separately. Information not marked as CBI will be included in FDMS
without prior notice. Also, if you do not provide an explanation of why
the information is confidential you risk the Department including it in
the public docket. The Department will also place in the public docket
those portions of submissions that a carrier may have redacted but that
the agency determines are not trade secrets, other confidential
commercial information, or SSI. DOT's policy is that waiver requests or
applications for equivalent alternative determinations will be made
available for public viewing in DOT's electronic public docket (i.e.,
FDMS) as DOT receives them and without change, unless the request or
application contains copyrighted material, CBI, or other information
whose disclosure is restricted by statute.
Dated: September 8, 2008.
Samuel Podberesky,
Assistant General Counsel for Aviation Enforcement and Proceedings,
U.S. Department of Transportation.
[FR Doc. E8-21204 Filed 9-12-08; 8:45 am]
BILLING CODE 4910-9X-P
