Benefits Payable in Terminated Single-Employer Plans; Interest Assumptions for Paying Benefits, 69588-69589 [2010-28570]

Download as PDF 69588 Federal Register / Vol. 75, No. 219 / Monday, November 15, 2010 / Rules and Regulations does not contain policies that have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Accordingly, the Agency has concluded that the rule does not contain policies that have federalism implications as defined in the Executive order and, consequently, a federalism summary impact statement is not required. § 516.3 VII. Paperwork Reduction Act of 1995 * This direct final rule contains information collection provisions that are subject to review by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (the PRA) (44 U.S.C. 3501–3520). The collections of information addressed in the direct final rule have been approved by OMB in accordance with the PRA under the regulations governing designation of new animal drugs for MUMS (part 516, OMB control number 0910–0605). Thus, § 516.20 as amended, does not constitute a new or additional paperwork burden requiring OMB approval. Dated: November 3, 2010. Leslie Kux, Acting Assistant Commissioner for Policy. List of Subjects in 21 CFR Part 516 Administrative practice and procedure, Animal drugs, Confidential business information, Reporting and recordkeeping requirements. Therefore under the Federal Food, Drug, and Cosmetic Act and under authority delegated to the Commissioner of Food and Drugs, 21 CFR part 516 is amended as follows: ■ jdjones on DSK8KYBLC1PROD with RULES PART 516—NEW ANIMAL DRUGS FOR MINOR USE AND MINOR SPECIES 1. The authority citation for 21 CFR part 516 continues to read as follows: ■ Authority: 21 U.S.C. 360ccc–1, 360ccc–2, 371. 2. Amend § 516.3(b) by revising the introductory text of the definition of ‘‘Same dosage form’’ to read as follows: ■ 15:26 Nov 12, 2010 § 516.20 Content and format of a request for MUMS-drug designation. * * * * (b) * * * (2) The name and address of the sponsor; the name of the sponsor’s primary contact person and/or permanent-resident U.S. agent including title, address, and telephone number; the established name (and proprietary name, if any) of the active pharmaceutical ingredient of the drug; and the name and address of the source of the active pharmaceutical ingredient of the drug. * * * * * BILLING CODE 4160–01–P Interested persons may submit to the Division of Dockets Management (see ADDRESSES) either electronic or written comments regarding this document. It is only necessary to send one set of comments. It is no longer necessary to send two copies of mailed comments. Identify comments with the docket number found in brackets in the heading of this document. Received comments may be seen in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday. Jkt 223001 PENSION BENEFIT GUARANTY CORPORATION 29 CFR Part 4022 Benefits Payable in Terminated SingleEmployer Plans; Interest Assumptions for Paying Benefits Pension Benefit Guaranty Corporation. ACTION: Final rule. AGENCY: This final rule amends Pension Benefit Guaranty Corporation’s regulation on Benefits Payable in Terminated Single-Employer Plans to prescribe interest assumptions under the regulation for valuation dates in December 2010. Interest assumptions are also published on PBGC’s Web site (https://www.pbgc.gov). DATES: Effective December 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.) SUMMARY: PO 00000 Frm 00014 Fmt 4700 PBGC’s regulation on Benefits Payable in Terminated Single-Employer Plans (29 CFR part 4022) prescribes actuarial assumptions—including interest assumptions—for paying plan benefits under terminating single-employer plans covered by title IV of the Employee Retirement Income Security Act of 1974. PBGC uses the interest assumptions in Appendix B to Part 4022 to determine whether a benefit is payable as a lump sum and to determine the amount to pay. Appendix C to Part 4022 contains 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. Currently, the rates in Appendices B and C of the benefit payment regulation are the same. The interest assumptions are intended to reflect current conditions in the financial and annuity markets. Assumptions under the benefit payments regulation are updated monthly. This final rule updates the benefit payments interest assumptions for December 2010.1 The December 2010 interest assumptions under the benefit payments regulation will be 2.25 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. In comparison with the interest assumptions in effect for November 2010, these interest assumptions represent an increase of 0.50 percent in the immediate annuity rate and are otherwise unchanged. 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 payment of benefits under plans with valuation dates during December 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’’ SUPPLEMENTARY INFORMATION: * * * * (b) * * * Same dosage form means the same as one of the dosage form categories specified in the following parts of this chapter: * * * * * ■ 3. Amend § 516.20 by revising paragraph (b)(2) to read as follows: [FR Doc. 2010–28550 Filed 11–12–10; 8:45 am] VIII. Request for Comments VerDate Mar<15>2010 Definitions. * Sfmt 4700 1 Appendix B to PBGC’s regulation on Allocation of Assets in Single-Employer Plans (29 CFR Part 4044) prescribes interest assumptions for valuing benefits under terminating covered single-employer plans for purposes of allocation of assets under ERISA section 4044. Those assumptions are updated quarterly. E:\FR\FM\15NOR1.SGM 15NOR1 69589 Federal Register / Vol. 75, No. 219 / Monday, November 15, 2010 / Rules and Regulations 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). * PART 4022—BENEFITS PAYABLE IN TERMINATED SINGLE-EMPLOYER PLANS Appendix B to Part 4022—Lump Sum Interest Rates For PBGC Payments 1. The authority citation for part 4022 continues to read as follows: Before 12–1–10 * Before * 206 12–1–10 BILLING CODE 7709–01–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [Docket No. EPA–R02–OAR–2010–0659; FRL–9225–6] Approval and Promulgation of Air Quality Implementation Plans; New York, New Jersey, and Connecticut; Determination of Attainment of the 1997 Fine Particle Standard Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: jdjones on DSK8KYBLC1PROD with RULES Immediate annuity rate (percent) 2.25 [FR Doc. 2010–28570 Filed 11–12–10; 8:45 am] The Environmental Protection Agency (EPA) is determining that the New York-Northern New Jersey-Long Island, NY-NJ-CT fine particle (PM2.5) nonattainment area for the 1997 fine particle National Ambient Air Quality 15:26 Nov 12, 2010 * * Issued in Washington, DC, on November 8, 2010. Vincent K. Snowbarger, Deputy Director for Operations, Pension Benefit Guaranty Corporation. VerDate Mar<15>2010 * 1–1–11 SUMMARY: Jkt 223001 * * * 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 i2 * 4.00 2.25 3. In appendix C to part 4022, Rate Set 206, as set forth below, is added to the table. On or after i1 * 1–1–11 ■ Rate set * Deferred annuities (percent) Immediate annuity rate (percent) * 206 * Authority: 29 U.S.C. 1302, 1322, 1322b, 1341(c)(3)(D), and 1344. For plans with a valuation date On or after 2. In appendix B to part 4022, Rate Set 206, as set forth below, is added to the table. ■ ■ List of Subjects in 29 CFR Part 4022 Employee benefit plans, Pension insurance, Pensions, Reporting and recordkeeping requirements. Rate set In consideration of the foregoing, 29 CFR part 4022 is amended as follows: ■ * * Deferred annuities (percent) i1 i2 * 4.00 4.00 i3 * * 4.00 * 7 8 related to Connecticut, please contact Standard (NAAQS) has attained the Alison C. Simcox, (617) 918–1684, or by 1997 PM2.5 NAAQS. e-mail at simcox.alison@epa.gov. DATES: Effective Date: This rule will become effective on December 15, 2010. SUPPLEMENTARY INFORMATION: Throughout this document whenever ADDRESSES: EPA has established a ‘‘we’’, ‘‘us’’, or ‘‘our’’ is used, we mean docket for this action under Docket ID EPA. Number EPA–R02–OAR–2010–0659. All The SUPPLEMENTARY INFORMATION documents in the docket are listed in section is arranged as follows: the https://www.regulations.gov Web I. What action is EPA taking? site. Although listed in the electronic docket, some information is not publicly II. What comments were received and what is EPA’s response? available, i.e., confidential business III. What is the effect of this action? information (CBI) or other information IV. Final Action whose disclosure is restricted by statute. V. Statutory and Executive Order Reviews Certain other material, such as I. What action is EPA taking? copyrighted material, is not placed on the Internet and will be publicly EPA is determining that the New available only in hard copy form. York-Northern New Jersey-Long Island, Publicly available docket materials are NY-NJ-CT fine particle (PM2.5) available either electronically through nonattainment area, referred to from this https://www.regulations.gov or in hard point forward as the NY-NJ-CT fine copy for public inspection during particle (PM2.5) nonattainment area, for normal business hours at the Air the 1997 PM2.5 NAAQS has attained the Programs Branch, U.S. Environmental 1997 PM2.5 NAAQS. This determination Protection Agency, Region II, 290 is based upon quality assured, quality Broadway, New York, New York 10007. controlled and certified ambient air monitoring data that show the area has FOR FURTHER INFORMATION CONTACT: monitored attainment of the 1997 PM2.5 Henry Feingersh, (212) 637–3382, or by e-mail at feingersh.henry@epa.gov if you NAAQS for the 2007–2009 monitoring have questions related to New York or period. Other specific requirements of New Jersey. If you have questions the determination and the rationale for PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\15NOR1.SGM 15NOR1

Agencies

[Federal Register Volume 75, Number 219 (Monday, November 15, 2010)]
[Rules and Regulations]
[Pages 69588-69589]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-28570]


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PENSION BENEFIT GUARANTY CORPORATION

29 CFR Part 4022


Benefits Payable in Terminated Single-Employer Plans; Interest 
Assumptions for Paying Benefits

AGENCY: Pension Benefit Guaranty Corporation.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule amends Pension Benefit Guaranty Corporation's 
regulation on Benefits Payable in Terminated Single-Employer Plans to 
prescribe interest assumptions under the regulation for valuation dates 
in December 2010. Interest assumptions are also published on PBGC's Web 
site (https://www.pbgc.gov).

DATES: Effective December 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 regulation on Benefits Payable in 
Terminated Single-Employer Plans (29 CFR part 4022) prescribes 
actuarial assumptions--including interest assumptions--for paying plan 
benefits under terminating single-employer plans covered by title IV of 
the Employee Retirement Income Security Act of 1974.
    PBGC uses the interest assumptions in Appendix B to Part 4022 to 
determine whether a benefit is payable as a lump sum and to determine 
the amount to pay. Appendix C to Part 4022 contains 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. Currently, the rates in Appendices B and C of 
the benefit payment regulation are the same.
    The interest assumptions are intended to reflect current conditions 
in the financial and annuity markets. Assumptions under the benefit 
payments regulation are updated monthly. This final rule updates the 
benefit payments interest assumptions for December 2010.\1\
---------------------------------------------------------------------------

    \1\ Appendix B to PBGC's regulation on Allocation of Assets in 
Single-Employer Plans (29 CFR Part 4044) prescribes interest 
assumptions for valuing benefits under terminating covered single-
employer plans for purposes of allocation of assets under ERISA 
section 4044. Those assumptions are updated quarterly.
---------------------------------------------------------------------------

    The December 2010 interest assumptions under the benefit payments 
regulation will be 2.25 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. In comparison with the interest 
assumptions in effect for November 2010, these interest assumptions 
represent an increase of 0.50 percent in the immediate annuity rate and 
are otherwise unchanged.
    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 payment 
of benefits under plans with valuation dates during December 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''

[[Page 69589]]

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 in 29 CFR Part 4022

    Employee benefit plans, Pension insurance, Pensions, Reporting and 
recordkeeping requirements.

0
In consideration of the foregoing, 29 CFR part 4022 is 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 206, 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                                 Deferred annuities (percent)
    Rate set     ----------------------------------   annuity rate  ------------------------------------------------------------------------------------
                    On or after         Before         (percent)           i 1              i 2              i 3              n 1              n 2
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
          206           12-1-10           1-1-11             2.25             4.00             4.00             4.00                7                8
--------------------------------------------------------------------------------------------------------------------------------------------------------


0
3. In appendix C to part 4022, Rate Set 206, 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
          206           12-1-10           1-1-11             2.25             4.00             4.00             4.00                7                8
--------------------------------------------------------------------------------------------------------------------------------------------------------


    Issued in Washington, DC, on November 8, 2010.
Vincent K. Snowbarger,
Deputy Director for Operations, Pension Benefit Guaranty Corporation.
[FR Doc. 2010-28570 Filed 11-12-10; 8:45 am]
BILLING CODE 7709-01-P
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