Allocation of Assets in Single-Employer Plans; Benefits Payable in Terminated Single-Employer Plans; Interest Assumptions for Valuing and Paying Benefits, 12121-12123 [2010-5541]
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12121
Rules and Regulations
Federal Register
Vol. 75, No. 49
Monday, March 15, 2010
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 121
[Docket No. FAA–2002–6717; Amendment
No. 121–348]
RIN 2120–AI03
Extended Operations (ETOPS) of MultiEngine Airplanes; Technical
Amendment
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; Technical
amendment.
emcdonald on DSK2BSOYB1PROD with RULES
SUMMARY: The Federal Aviation
Administration is making a minor
amendment to a previously published
final rule. That final rule applied to air
carrier, commuter, and on-demand
turbine powered multi-engine airplanes
used in passenger-carrying, and some
all-cargo, extended-range operations.
This technical amendment corrects an
incorrect citation reference.
DATES: Effective March 15, 2010.
FOR FURTHER INFORMATION CONTACT: Zara
Willis, Office of Rulemaking, Federal
Aviation Administration, 800
Independence Ave., SW., Washington,
DC 20591; telephone (202) 493–4405
facsimile (202) 267–5075; e-mail
Zara.Willis@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
The final rule, Extended Operations
(ETOPS) of Multi-engine Airplanes,
applied to air carrier (part 121),
commuter, and on-demand (part 135)
turbine powered multi-engine airplanes
used in passenger-carrying, extended
range operations (January 16, 2007; 72
FR 1808). All-cargo operations in
airplanes with more than two engines of
both part 121 and part 135 were
exempted from the majority of this rule.
VerDate Nov<24>2008
14:02 Mar 12, 2010
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The rule established regulations
governing the design, operation and
maintenance of certain airplanes
operated on flights that fly long
distances from an adequate airport. It
codified current FAA policy, industry
best practices and recommendations, as
well as international standards designed
to ensure long-range flights will
continue to operate safely. To ease the
transition for current operators, the rule
included delayed compliance dates for
certain ETOPS requirements.
In the final rule § 121.646(b)(1)(i)(B)
incorrectly references § 121.133. The
citation should read § 121.333.
Technical Amendment
This technical amendment merely
corrects an incorrect cross-reference in
§ 121.646. No other changes are made to
the section.
Justification for Immediate Adoption
Because this action corrects a crossreference, the FAA finds that notice and
public comment under 5 U.S.C. 553(b)
is unnecessary. For the same reason, the
FAA finds that good cause exists under
5 U.S.C. 553(d) for making this rule
effective upon publication.
List of Subjects in 14 CFR Part 121
Air carriers, Aircraft, Airmen, Alcohol
abuse, Aviation safety, Charter flights,
Drug abuse, Drug testing, Reporting and
recordkeeping requirements, Safety, and
Transportation.
The Amendment
In consideration of the forgoing, the
Federal Aviation Administration
amends 14 CFR part 121 as follows:
■
PART 121—OPERATING
REQUIREMENTS: DOMESTIC, FLAG,
AND SUPPLEMENTAL OPERATIONS
§ 121.646
[Amended]
1. Amend § 121.646 (b)(1)(i)(B) by
removing the citation ‘‘§ 121.133’’ and
adding in its place the citation
‘‘§ 121.333.’’
■
Issued in Washington, DC, on March 10,
2010.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.
[FR Doc. 2010–5589 Filed 3–12–10; 8:45 am]
BILLING CODE 4910–13–P
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PENSION BENEFIT GUARANTY
CORPORATION
29 CFR Parts 4022 and 4044
Allocation of Assets in SingleEmployer Plans; Benefits Payable in
Terminated Single-Employer Plans;
Interest Assumptions for Valuing and
Paying Benefits
AGENCY: Pension Benefit Guaranty
Corporation.
ACTION: Final rule.
SUMMARY: Pension Benefit Guaranty
Corporation’s regulations on Allocation
of Assets in Single-Employer Plans and
Benefits Payable in Terminated SingleEmployer Plans prescribe interest
assumptions for valuing and paying
certain benefits under terminating
single-employer plans. This final rule
amends the asset allocation regulation
to adopt interest assumptions for plans
with valuation dates in the second
quarter of 2010 and amends the benefit
payments regulation to adopt interest
assumptions for plans with valuation
dates in April 2010. Interest
assumptions are also published on
PBGC’s Web site (https://www.pbgc.gov).
DATES: Effective April 1, 2010.
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: 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.
These interest assumptions are found
in two PBGC regulations: The regulation
on Allocation of Assets in SingleEmployer Plans (29 CFR part 4044) and
the regulation on Benefits Payable in
Terminated Single-Employer Plans (29
CFR part 4022). Assumptions under the
asset allocation regulation are updated
quarterly; assumptions under the benefit
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15MRR1
12122
Federal Register / Vol. 75, No. 49 / Monday, March 15, 2010 / Rules and Regulations
payments regulation are updated
monthly. This final rule updates the
assumptions under the asset allocation
regulation for the second quarter (April
through June) of 2010 and updates the
assumptions under the benefit payments
regulation for April 2010.
The interest assumptions prescribed
under the asset allocation regulation
(found in Appendix B to Part 4044) are
used for the valuation of benefits for
allocation purposes under ERISA
section 4044. Two sets of interest
assumptions are prescribed under the
benefit payments regulation: (1) A set
for PBGC to use to determine whether
a benefit is payable as a lump sum and
to determine lump-sum amounts to be
paid by PBGC (found in Appendix B to
Part 4022), and (2) a set for privatesector pension practitioners to refer to if
they wish to use lump-sum interest rates
determined using 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 the second
quarter (April through June) of 2010, (2)
adds to Appendix B to Part 4022 the
interest assumptions for PBGC to use for
its own lump-sum payments in plans
with valuation dates during April 2010,
and (3) adds to Appendix C to Part 4022
the interest assumptions for privatesector pension practitioners to refer to if
they wish to use lump-sum interest rates
determined using PBGC’s historical
methodology for valuation dates during
April 2010.
Rate set
For plans with a valuation
date
On or after
*
198
Before
The interest assumptions that PBGC
will use for valuing benefits for
allocation purposes (set forth in
Appendix B to part 4044) will be 4.63
percent for the first 20 years following
the valuation date and 4.51 percent
thereafter. In comparison with the
interest assumptions in effect for the
first quarter of 2010, these interest
assumptions represent a decrease of
0.26 percent for the first 20 years
following the valuation date and a
decrease of 0.12 percent for all years
thereafter.
The interest assumptions that PBGC
will use for its own lump-sum payments
(set forth in Appendix B to part 4022)
will be 2.75 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. In comparison with the interest
assumptions in effect for March 2010,
these interest assumptions are
unchanged. For private-sector
payments, the interest assumptions (set
forth in Appendix C to part 4022) will
be the same as those used by PBGC for
determining and paying lump sums (set
forth in Appendix B to part 4022).
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 2010,
3. In appendix C to part 4022, Rate Set
198 is added to the table to read as
follows:
emcdonald on DSK2BSOYB1PROD with RULES
On or after
*
198
VerDate Nov<24>2008
Before
*
4–1–10
14:02 Mar 12, 2010
*
*
Immediate
annuity rate
(percent)
*
5–1–10
Jkt 220001
Employee benefit plans, Pension
insurance, Pensions, Reporting and
recordkeeping requirements.
29 CFR Part 4044
Employee benefit plans, Pension
insurance, Pensions.
■ 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:
■
Authority: 29 U.S.C. 1302, 1322, 1322b,
1341(c)(3)(D), and 1344.
2. In appendix B to part 4022, Rate Set
198 is added to the table to read as
follows:
■
Appendix B to Part 4022—Lump Sum
Interest Rates For PBGC Payments
*
*
*
*
*
i3
4.00
n1
*
*
4.00
n2
*
7
8
n1
n2
Appendix C to Part 4022—Lump Sum
Interest Rates For Private-Sector
Payments
*
For plans with a valuation
date
29 CFR Part 4022
i2
*
4.00
2.75
■
Rate set
i1
*
5–1–10
List of Subjects
Deferred annuities
(percent)
Immediate
annuity rate
(percent)
*
4–1–10
PBGC finds that good cause exists for
making the assumptions set forth in this
amendment effective less than 30 days
after publication.
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).
2.75
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*
*
Deferred annuities
(percent)
i1
i2
*
4.00
4.00
Fmt 4700
Sfmt 4700
i3
*
*
4.00
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*
7
8
12123
Federal Register / Vol. 75, No. 49 / Monday, March 15, 2010 / Rules and Regulations
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–June 2010 is added to
the table to read as follows:
*
■
4. The authority citation for part 4044
continues to read as follows:
■
*
*
*
*
The values of it are:
For valuation dates occurring in the months—
it
*
*
*
April–June 2010 ................................................................
Issued in Washington, DC, on this March
9, 2010.
Vincent K. Snowbarger,
Acting Director, Pension Benefit Guaranty
Corporation.
[FR Doc. 2010–5541 Filed 3–12–10; 8:45 am]
BILLING CODE 7709–01–P
for t =
it
*
for t =
*
0.0463
1–20
0.0451
from the Inspection Service or the
Manager, Mailing Standards, USPS
Headquarters, unless an appeal is taken
to the Judicial Officer Department in
accordance with rules of procedure set
out in part 959 of this chapter.
*
*
*
*
*
it
*
>20
for t =
*
N/A
N/A
and the scope of its proposed
operations.
*
*
*
*
*
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 2010–5622 Filed 3–12–10; 8:45 am]
BILLING CODE 7710–12–P
■
POSTAL SERVICE
§ 310.6
39 CFR Parts 310 and 320
Restrictions on Private Carriage of
Letters
Postal ServiceTM
ACTION: Final rule.
AGENCY:
This rule amends the Postal
Service regulations on the enforcement
and suspension of the Private Express
Statutes to correct obsolete addresses.
DATES: Effective Date: March 15, 2010.
FOR FURTHER INFORMATION CONTACT:
Garry Rodriguez, 202–268–7281.
SUPPLEMENTARY INFORMATION:
Amendment of parts 310 and 320 is
necessary to correct the addresses for
inquiries and other correspondence
regarding enforcement of the Private
Express Statutes.
SUMMARY:
List of Subjects in 39 CFR Parts 310 and
320
Advertising; Computer technology.
For the reasons set forth above, the
Postal Service amends 39 CFR Chapter
I, Subchapter E as follows:
■
PART 310—[AMENDED]
1. The authority citation for 39 CFR
part 310 continues to read as follows:
emcdonald on DSK2BSOYB1PROD with RULES
■
Authority: 39 U.S.C. 401, 404, 601–606; 18
U.S.C. 1693–1699.
■
2. Revise § 310.5(b) to read as follows:
§ 310.5
Payment of postage on violation.
*
*
*
*
*
(b) The amount equal to postage will
be due and payable not later than 15
days after receipt of formal demand
VerDate Nov<24>2008
14:02 Mar 12, 2010
3. Revise § 310.6 to read as follows:
Jkt 220001
Advisory opinions.
An advisory opinion on any question
arising under this part and part 320 of
this chapter may be obtained by writing
the General Counsel, U.S. Postal
Service, 475 L’Enfant Plaza SW.,
Washington, DC 20260–1100. A
numbered series of advisory opinions is
available for inspection by the public in
the Library of the U.S. Postal Service,
and copies of individual opinions may
be obtained upon payment of charges
for duplicating services.
PART 320—[AMENDED]
4. The authority citation for 39 CFR
Part 320 continues to read as follows:
■
Authority: 39 U.S.C. 401, 404, 601–606; 18
U.S.C. 1693–1699.
5. In § 320.3:
a. Revise paragraph (a) to read as set
forth below; and
■ b. Amend paragraph (b) in the second
sentence by removing the words ‘‘the
RCSC’’ and adding the words ‘‘Mailing
Standards’’ in their place.
■
■
§ 320.3 Operations under suspension for
certain data processing materials.
(a) Carriers intending to establish or
alter operations based on the suspension
granted pursuant to § 320.2 shall, as a
condition to the right to operate under
the suspension, notify the Manager,
Mailing Standards, U.S. Postal Service,
475 L’Enfant Plaza SW, Rm. 3436,
Washington, DC 20260–3436, of their
intention to establish such operations
not later than the beginning of such
operations. Such notification, on a form
available from the office of Mailing
Standards, shall include information on
the identity and authority of the carrier
PO 00000
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 571
[Docket No. NHTSA–2010–0032]
RIN 2127–AK48
Federal Motor Vehicle Safety
Standards; Side Impact Protection;
Fuel System Integrity; ElectricPowered Vehicles: Electrolyte Spillage
and Electrical Shock Protection
AGENCY: National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation.
ACTION: Final rule; response to petitions
for reconsideration.
SUMMARY: This document comprises the
agency’s second of two responses to
petitions for reconsideration of a
September 11, 2007, final rule that
upgraded Federal Motor Vehicle Safety
Standard (FMVSS) No. 214, ‘‘Side
impact protection.’’ The final rule
incorporated a vehicle-to-pole test into
the standard, adopted technicallyadvanced test dummies and enhanced
injury criteria, and incorporated the
advanced dummies into the standard’s
moving deformable barrier test. An
earlier response was published on June
9, 2008, which addressed lead time,
phase-in percentages, test speed, and
other issues. Today’s response addresses
the remaining issues raised by the
petitions.
DATES: Effective Date: The date on
which this final rule amends the CFR is
May 14, 2010.
E:\FR\FM\15MRR1.SGM
15MRR1
]]>Agencies
[Federal Register Volume 75, Number 49 (Monday, March 15, 2010)]
[Rules and Regulations]
[Pages 12121-12123]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-5541]
=======================================================================
-----------------------------------------------------------------------
PENSION BENEFIT GUARANTY CORPORATION
29 CFR Parts 4022 and 4044
Allocation of Assets in Single-Employer Plans; Benefits Payable
in Terminated Single-Employer Plans; Interest Assumptions for Valuing
and Paying Benefits
AGENCY: Pension Benefit Guaranty Corporation.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Pension Benefit Guaranty Corporation's regulations on
Allocation of Assets in Single-Employer Plans and Benefits Payable in
Terminated Single-Employer Plans prescribe interest assumptions for
valuing and paying certain benefits under terminating single-employer
plans. This final rule amends the asset allocation regulation to adopt
interest assumptions for plans with valuation dates in the second
quarter of 2010 and amends the benefit payments regulation to adopt
interest assumptions for plans with valuation dates in April 2010.
Interest assumptions are also published on PBGC's Web site (https://www.pbgc.gov).
DATES: Effective April 1, 2010.
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: 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.
These interest assumptions are found in two PBGC regulations: The
regulation on Allocation of Assets in Single-Employer Plans (29 CFR
part 4044) and the regulation on Benefits Payable in Terminated Single-
Employer Plans (29 CFR part 4022). Assumptions under the asset
allocation regulation are updated quarterly; assumptions under the
benefit
[[Page 12122]]
payments regulation are updated monthly. This final rule updates the
assumptions under the asset allocation regulation for the second
quarter (April through June) of 2010 and updates the assumptions under
the benefit payments regulation for April 2010.
The interest assumptions prescribed under the asset allocation
regulation (found in Appendix B to Part 4044) are used for the
valuation of benefits for allocation purposes under ERISA section 4044.
Two sets of interest assumptions are prescribed under the benefit
payments regulation: (1) A set for PBGC to use to determine whether a
benefit is payable as a lump sum and to determine lump-sum amounts to
be paid by PBGC (found in Appendix B to Part 4022), and (2) a set for
private-sector pension practitioners to refer to if they wish to use
lump-sum interest rates determined using 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 the second quarter (April through June) of 2010,
(2) adds to Appendix B to Part 4022 the interest assumptions for PBGC
to use for its own lump-sum payments in plans with valuation dates
during April 2010, 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 PBGC's
historical methodology for valuation dates during April 2010.
The interest assumptions that PBGC will use for valuing benefits
for allocation purposes (set forth in Appendix B to part 4044) will be
4.63 percent for the first 20 years following the valuation date and
4.51 percent thereafter. In comparison with the interest assumptions in
effect for the first quarter of 2010, these interest assumptions
represent a decrease of 0.26 percent for the first 20 years following
the valuation date and a decrease of 0.12 percent for all years
thereafter.
The interest assumptions that PBGC will use for its own lump-sum
payments (set forth in Appendix B to part 4022) will be 2.75 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. In
comparison with the interest assumptions in effect for March 2010,
these interest assumptions are unchanged. For private-sector payments,
the interest assumptions (set forth in Appendix C to part 4022) will be
the same as those used by PBGC for determining and paying lump sums
(set forth in Appendix B to part 4022).
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
2010, PBGC finds that good cause exists for making the assumptions set
forth in this amendment effective less than 30 days after publication.
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 198 is added to the table to
read as follows:
Appendix B to Part 4022--Lump Sum Interest Rates For PBGC Payments
* * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
For plans with a valuation date Immediate Deferred annuities (percent)
Rate set ---------------------------------- annuity rate ------------------------------------------------------------------------------------
On or after Before (percent) i1 i2 i3 n1 n2
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
198 4-1-10 5-1-10 2.75 4.00 4.00 4.00 7 8
--------------------------------------------------------------------------------------------------------------------------------------------------------
''0
3. In appendix C to part 4022, Rate Set 198 is added to the table to
read as follows:
Appendix C to Part 4022--Lump Sum Interest Rates For Private-Sector
Payments
* * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
For plans with a valuation date Immediate Deferred annuities (percent)
Rate set ---------------------------------- annuity rate ------------------------------------------------------------------------------------
On or after Before (percent) i1 i2 i3 n1 n2
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
198 4-1-10 5-1-10 2.75 4.00 4.00 4.00 7 8
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 12123]]
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-June 2010 is added
to the table to read as follows:
Appendix B to Part 4044--Interest Rates Used to Value Benefits
* * * * *
----------------------------------------------------------------------------------------------------------------
The values of it are:
For valuation dates occurring in -----------------------------------------------------------------------------
the months-- it for t = it for t = it for t =
----------------------------------------------------------------------------------------------------------------
* * * * * * *
April-June 2010................... 0.0463 1-20 0.0451 >20 N/A N/A
----------------------------------------------------------------------------------------------------------------
Issued in Washington, DC, on this March 9, 2010.
Vincent K. Snowbarger,
Acting Director, Pension Benefit Guaranty Corporation.
[FR Doc. 2010-5541 Filed 3-12-10; 8:45 am]
BILLING CODE 7709-01-P
