Unknown. Final rule

2,040 words·~9 min read·/register/2013/12/13/2013-29755

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2013-12-13.xml --- 78 240 Friday, December 13, 2013 Contents Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 75920-75922 2013-29715 2013-29742 Meetings: Advisory Committee on Breast Cancer in Young Women, 75923 2013-29749 Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 75923 2013-29750 Safety and Occupational Health Study Section, National Institute for Occupational Safety and Health, 75922-75923 2013-29745 Tribal Advisory Committee and 10th Biannual Tribal Consultation Session, 75923-75924 2013-29746 Request for Nominations:

Board of Scientific Counselors, National Institute for Occupational Safety and Health, 75925 2013-29748 Mine Safety and Health Research Advisory Committee, National Institute for Occupational Safety and Health, 75924 2013-29747 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 75925-75926 2013-29725 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Medicare Prescription Drug Benefit Program, 75926-75927 2013-29726 Coast Guard Coast Guard RULES Safety Zones: 2013 Holiday Boat Parades, Captain of the Port Miami Zone, FL, 75899-75902 2013-29524 Sacramento New Years Eve Fireworks Display, Sacramento River, Sacramento, CA, 75898-75899 2013-29730 Commerce Commerce Department See Industry and Security Bureau See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;

Additions and Deletions, 75911-75913 2013-29751 2013-29752 Defense Department Defense Department PROPOSED RULES Provision of Early Intervention and Special Education Services to Eligible DoD Dependents, 75998-76027 2013-29433 Employment and Training Employment and Training Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Interstate Arrangement for Combining Employment and Wages, 75948-75949 2013-29743 Energy Department Energy Department RULES Energy Conservation Program:

Test Procedures for Electric Motors, 75962-75995 2013-29677 NOTICES Environmental Impact Statements; Availability, etc.: Hanford Site, Richland, WA, 75913-75919 2013-29734 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Philadelphia County, PA Reasonably Available Control Technology under the 1997 8-Hour Ozone National Ambient Air Quality Standard, 75902-75904 2013-29588 NOTICES Environmental Impact Statements;

Weekly Receipt; Availability, 75919 2013-29770 Federal Deposit Federal Deposit Insurance Corporation NOTICES Meetings; Sunshine Act, 75919-75920 2013-29765 2013-29766 Fish Fish and Wildlife Service NOTICES Environmental Impact Statements; Availability, etc.: Bay Delta Habitat Conservation Plan and Natural Community Plan, Sacramento, CA; Applications and Public Meetings, 75939-75942 2013-29779 Foreign Claims Foreign Claims Settlement Commission NOTICES Commencement of Claims Program, 75944-75946 2013-29710 Government Accountability Government Accountability Office NOTICES Meetings:

Advisory Council on Government Auditing Standards, 75920 2013-29756 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See National Institutes of Health Homeland Homeland Security Department See Coast Guard See U.S. Customs and Border Protection NOTICES Meetings: Data Privacy and Integrity Advisory Committee, 75930-75931 2013-29735 Housing Housing and Urban Development Department NOTICES Federal Properties Suitable as Facilities to Assist the Homeless, 75936-75939 2013-29447 Industry Industry and Security Bureau NOTICES Impact of the Implementation of the Chemical Weapons Convention:

Legitimate Commercial Chemical, Biotechnology, and Pharmaceutical Activities Involving Schedule 1 Chemicals, 75910-75911 2013-29736 Interior Interior Department See Fish and Wildlife Service See Reclamation Bureau See Surface Mining Reclamation and Enforcement Office Internal Revenue Internal Revenue Service PROPOSED RULES Credit for Increasing Research Activities: Intra-Group Gross Receipts; Public Hearing, 75905-75909 2013-29539 International Trade Com International Trade Commission NOTICES Determinations;

Review: Certain Mobile Phones and Tablet Computers, and Components Thereof, 75942-75944 2013-29738 Justice Department Justice Department See Foreign Claims Settlement Commission Labor Department Labor Department See Employment and Training Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Loans to Plan Participants and Beneficiaries Who are Parties in Interest with Respect to the Plan Regulation, 75946-75947 2013-29728 Welding, Cutting, and Brazing Standard, 75947-75948 2013-29727 Member Appointments:

Senior Executive Service Performance Review Board, 75948 2013-29535 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 75927-75928 2013-29717 2013-29723 National Institute of Allergy and Infectious Diseases, 75928-75929 2013-29720 National Institute of Dental and Craniofacial Research, 75929 2013-29719 National Institute of Diabetes and Digestive and Kidney Diseases, 75928 2013-29718 National Institute on Alcohol Abuse and Alcoholism, 75927, 75929 2013-29721 2013-29722 National Institute on Deafness and Other Communication Disorders, 75929-75930 2013-29716 National Oceanic National Oceanic and Atmospheric Administration NOTICES Environmental Impact Statements;

Availability, etc.: Bay Delta Habitat Conservation Plan and Natural Community Plan, Sacramento, CA; Applications and Public Meetings, 75939-75942 2013-29779 Pension Benefit Pension Benefit Guaranty Corporation RULES Allocation of Assets in Single-Employer Plans; Benefits Payable in Terminated Single-Employer Plans; Interest Assumptions for Valuing and Paying Benefits, 75897-75898 2013-29755 Reclamation Reclamation Bureau NOTICES Environmental Impact Statements; Availability, etc.:

Bay Delta Habitat Conservation Plan and Natural Community Plan, Sacramento, CA; Applications and Public Meetings, 75939-75942 2013-29779 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Financial Industry Regulatory Authority, Inc., 75954-75958 2013-29739 New York Stock Exchange LLC, 75952-75954 2013-29741 The NASDAQ Stock Market LLC, 75949-75952 2013-29740 Surface Mining Surface Mining Reclamation and Enforcement Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 75942 2013-29737 Surface Transportation Surface Transportation Board NOTICES Abandonment Exemptions: CSX Transportation, Inc., Washington County, MD, 75958-75959 2013-29754 Change in Operators Exemptions: CaterParrott Railnet, LLC, Rail Lines of Central of Georgia Railroad Co., 75959 2013-29753 Transportation Department Transportation Department See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service Customs U.S.

Customs and Border Protection NOTICES National Customs Automation Program Test: Submission of Certain Data, etc., 75931-75936 2013-29724 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Regulation on Reduction of Nursing Shortages in State Homes; etc., 75959 2013-29732 Separate Parts In This Issue Part II Energy Department, 75962-75995 2013-29677 Part III Defense Department, 75998-76027 2013-29433 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 78 240 Friday, December 13, 2013 Rules and Regulations 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: This final rule amends the Pension Benefit Guaranty Corporation's regulations on Benefits Payable in Terminated Single-Employer Plans and Allocation of Assets in Single-Employer Plans to prescribe interest assumptions under the benefit payments regulation for valuation dates in January 2014 and interest assumptions under the asset allocation regulation for valuation dates in the first quarter of 2014. The interest assumptions are used for valuing and paying benefits under terminating single-employer plans covered by the pension insurance system administered by PBGC.

DATES: Effective January 1, 2014. FOR FURTHER INFORMATION CONTACT: Catherine B. Klion ( *Klion.Catherine@PBGC.gov* ), Assistant General Counsel for Regulatory Affairs, 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 on Allocation of Assets in Single-Employer Plans (29 CFR Part 4044) and Benefits Payable in Terminated Single-Employer Plans (29 CFR Part 4022) prescribe actuarial assumptions—including interest assumptions—for valuing and paying plan benefits under terminating single-employer plans covered by title IV of the Employee Retirement Income Security Act of 1974.

The interest assumptions in the regulations are also published on PBGC's Web site ( *http://www.pbgc.gov* ). The interest assumptions in Appendix B to Part 4044 are used to value benefits for allocation purposes under ERISA section 4044. 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 asset allocation regulation are updated quarterly; assumptions under the benefit payments regulation are updated monthly. This final rule updates the benefit payments interest assumptions for January 2014 and updates the asset allocation interest assumptions for the first quarter (January through March) of 2014.

The first quarter 2014 interest assumptions under the allocation regulation will be 3.35 percent for the first 20 years following the valuation date and 3.50 percent thereafter. In comparison with the interest assumptions in effect for the fourth quarter of 2013, these interest assumptions represent no change in the select period (the period during which the select rate (the initial rate) applies), an increase of 0.35 percent in the select rate, and an increase of 0.19 percent in the ultimate rate (the final rate).

The January 2014 interest assumptions under the benefit payments regulation will be 1.75 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 December 2013, these interest assumptions are 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 valuation and payment of benefits under plans with valuation dates during January 2014, 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. 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 243, as set forth below, is added to the table. Appendix B to Part 4022—Lump Sum Interest Rates for PBGC Payments Rate set For plans with a valuation date On or after Before Immediate annuity rate (percent) Deferred annuities (percent) *i* 1 *i* 2 *i* 3 *n* 1 *n* 2 * * * * * * * 243 1-1-14 2-1-14 1.75 4.00 4.00 4.00 7 8 3. In appendix C to part 4022, Rate Set 243, as set forth below, is added to the table. Appendix C to Part 4022—Lump Sum Interest Rates for Private-Sector Payments Rate set For plans with a valuation date On or after Before Immediate annuity rate (percent) Deferred annuities (percent) *i* 1 *i* 2 *i* 3 *n* 1 *n* 2 * * * * * * * 243 1-1-14 2-1-14 1.75 4.00 4.00 4.00 7 8 PART 4044—ALLOCATION OF ASSETS IN SINGLE-EMPLOYER PLANS 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. 5. In appendix B to part 4044, a new entry for January-March 2014, as set forth below, is added to the table. Appendix B to Part 4044—Interest Rates Used to Value Benefits For valuation dates occurring in the month— The values of *i* <sup>t</sup> are: *i* t for *t* = *i* t for *t* = *i* t for *t* = * * * * * * * January-March 2014 0.0335 1-20 0.0350 >20 N/A N/A Issued in Washington, DC, on this 9th day of December 2013.

Judith Starr, General Counsel, Pension Benefit Guaranty Corporation. [FR Doc. 2013-29755 Filed 12-12-13; 8:45 am]

Connectionstraces to 4

Traces to 4 documents