Benefits Payable in Terminated Single-Employer Plans; Interest Assumptions for Paying Benefits, 2578-2579 [2011-725]

Download as PDF 2578 Federal Register / Vol. 76, No. 10 / Friday, January 14, 2011 / Rules and Regulations made on or after December 18, 2004, after any of the following: (1) The date of notice of liquidation or reliquidation, or the date of liquidation or reliquidation, as determined under §§ 159.9 or 159.10 of this chapter; (2) The date of the decision, involving neither a liquidation nor reliquidation, as to which the protest is made (for example: The date of an exaction; the date of written notice excluding merchandise from entry, delivery or demanding redelivery to CBP custody under any provision of the customs laws; the date of written notice of a denial of a claim filed under section 520(d), Tariff Act of 1930, as amended (19 U.S.C. 1520(d)), or; within 90 days of the date of denial of a petition filed pursuant to section 520(c)(1), Tariff Act of 1930, as amended (19 U.S.C. 1520(c)(1)), relating to an entry made before December 18, 2004); or * * * * * ■ 20. Section 174.14, paragraphs (a) and (b) are revised to read as follows: srobinson on DSKHWCL6B1PROD with RULES § 174.14 Amendment of protests. (a) Time for filing. A protest may be amended at any time prior to the expiration of the period within which the protest may be filed under § 174.12(e). The amendment may assert additional claims pertaining to the administrative decision that is the subject of the protest, or may challenge an additional administrative decision relating to the same category of merchandise that is the subject of the protest. For the presentation of additional grounds or arguments in support of a valid protest after the applicable protest period set forth in § 174.12(e) has expired, see § 174.28. (b) Form and number of copies of amendment. If the protest was not filed electronically, an amendment to the protest must be filed in quadruplicate on CBP Form 19 or on a form of the same size, clearly labeled ‘‘Amendment to Protest’’ at the top of the form. Schedules or other attachments (other than samples or similar exhibits) must also be filed in quadruplicate. A protest that was transmitted to CBP electronically may be amended only through an electronic data interchange system authorized by CBP for that purpose. Electronic submissions are not required to be filed in quadruplicate. * * * * * ■ 21. Section 174.22, paragraph (a) is revised to read as follows: § 174.22 protest. Accelerated disposition of (a) Request for accelerated disposition. Accelerated disposition of a VerDate Mar<15>2010 17:19 Jan 13, 2011 Jkt 223001 protest filed in accordance with section 514, Tariff Act of 1930, as amended (19 U.S.C. 1514) may be obtained at any time after 90 days from the filing of such protest for entries made before December 18, 2004, or at any time concurrent with or following the filing of the protest for entries made on or after December 18, 2004, by filing by registered or certified mail a written request for accelerated disposition with the port director or other CBP officer with whom the protest was filed. * * * * * ■ 22. Section 174.32 is revised to read as follows: § 174.32 Publication. Within 90 calendar days after issuing a protest review decision, CBP will publish the decision in the Customs Bulletin or otherwise make it available for public inspection. Disclosure is governed by 6 CFR part 5 and 19 CFR part 103. Dated: January 10, 2011. Alan Bersin, Commissioner, U.S. Customs and Border Protection. [FR Doc. 2011–679 Filed 1–13–11; 8:45 am] BILLING CODE 9111–14–P 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 February 2011. Interest assumptions are also published on PBGC’s Web site (https://www.pbgc.gov). DATES: Effective February 1, 2011. 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 SUMMARY: PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 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 February 2011.1 The February 2011 interest assumptions under the benefit payments regulation will be 2.50 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 January 2011, these interest assumptions represent an increase of 0.25 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 February 2011, 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. 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\14JAR1.SGM 14JAR1 2579 Federal Register / Vol. 76, No. 10 / Friday, January 14, 2011 / Rules and Regulations 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. On or after * Before 3–1–11 3. In appendix C to part 4022, Rate Set 208, as set forth below, is added to the table. ■ For plans with a valuation date On or after * Before * 208 BILLING CODE 7709–01–P DEPARTMENT OF HOMELAND SECURITY 33 CFR Part 165 [Docket No. USCG–2010–1112] RIN 1625–AA00 Safety Zone; Lake Mead Intake Construction, Lake Mead, Boulder City, NV Coast Guard, DHS. Temporary final rule. AGENCY: The Coast Guard is establishing a safety zone on the navigable waters of Lake Mead in support of the construction project for Lake Mead’s Intake #3 during the first 6 months of 2011. Blasting will take place at regular intervals at the location and in the manner set forth herein. This safety zone is necessary to ensure srobinson on DSKHWCL6B1PROD with RULES SUMMARY: VerDate Mar<15>2010 17:19 Jan 13, 2011 Jkt 223001 4.00 * * * * * i3 * n1 * 4.00 n2 * 7 8 n1 n2 * Deferred annuities (percent) Immediate annuity rate (percent) 2.50 i1 i2 * 4.00 4.00 i3 * unauthorized personnel and vessels remain safe by keeping clear of the hazardous area during blasting operations. Persons and vessels are prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port (COTP) or his designated representative. This rule is effective in the CFR on January 14, 2011 through June 30, 2011. This rule is effective with actual notice for purposes of enforcement from January 1, 2011 until June 30, 2011. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket USCG–2010– 1112 and are available online by going to https://www.regulations.gov, inserting USCG–2010–1112 in the ‘‘Keyword’’ box, and then clicking ‘‘Search.’’ They are also available for inspection or copying at the 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, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary rule, call or e-mail BM1 Shane Jackson, Waterways Management, U.S. Coast DATES: Coast Guard * Appendix C to Part 4022—Lump Sum Interest Rates for Private-Sector Payments 3–1–11 [FR Doc. 2011–725 Filed 1–13–11; 8:45 am] * i2 * 4.00 * 2–1–11 Issued in Washington, DC, on this 10th day of January 2011. Vincent K. Snowbarger, Deputy Director for Operations, Pension Benefit Guaranty Corporation. ACTION: i1 2.50 * Rate set * Deferred annuities (percent) Immediate annuity rate (percent) * 2–1–11 Appendix B to Part 4022—Lump Sum Interest Rates for PBGC Payments 1. The authority citation for part 4022 continues to read as follows: * 208 2. In appendix B to part 4022, Rate Set 208, as set forth below, is added to the table. ■ PART 4022—BENEFITS PAYABLE IN TERMINATED SINGLE-EMPLOYER PLANS ■ For plans with a valuation date Rate set Authority: 29 U.S.C. 1302, 1322, 1322b, 1341(c)(3)(D), and 1344. In consideration of the foregoing, 29 CFR part 4022 is amended as follows: PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 * 4.00 * 7 8 Guard Sector San Diego, Coast Guard; telephone 619–278–7267, e-mail Shane.E.Jackson@uscg.mil. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366– 9826. SUPPLEMENTARY INFORMATION: Regulatory Information The Coast Guard is issuing this temporary final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because such publication would be impractical given the timing of the construction. Immediate action is necessary to ensure the safety of commercial and recreational vessels in the vicinity of any blasting on the dates and times this rule will be in effect. E:\FR\FM\14JAR1.SGM 14JAR1

Agencies

[Federal Register Volume 76, Number 10 (Friday, January 14, 2011)]
[Rules and Regulations]
[Pages 2578-2579]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-725]


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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 February 2011. Interest assumptions are also published on PBGC's Web 
site (https://www.pbgc.gov).

DATES: Effective February 1, 2011.

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 February 2011.\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 February 2011 interest assumptions under the benefit payments 
regulation will be 2.50 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 January 2011, these interest assumptions 
represent an increase of 0.25 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 February 2011, 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.

[[Page 2579]]

    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.

    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 208, 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)            i1               i2               i3               n1               n2
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
          208            2-1-11           3-1-11             2.50             4.00             4.00             4.00                7                8
--------------------------------------------------------------------------------------------------------------------------------------------------------


0
3. In appendix C to part 4022, Rate Set 208, 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)            i1               i2               i3               n1               n2
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
          208            2-1-11           3-1-11             2.50             4.00             4.00             4.00                7                8
--------------------------------------------------------------------------------------------------------------------------------------------------------


    Issued in Washington, DC, on this 10th day of January 2011.
Vincent K. Snowbarger,
Deputy Director for Operations, Pension Benefit Guaranty Corporation.
[FR Doc. 2011-725 Filed 1-13-11; 8:45 am]
BILLING CODE 7709-01-P
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