81_FR_93844 81 FR 93599 - Allocation of Assets in Single-Employer Plans; Interest Assumptions for Valuing Benefits

81 FR 93599 - Allocation of Assets in Single-Employer Plans; Interest Assumptions for Valuing Benefits

PENSION BENEFIT GUARANTY CORPORATION

Federal Register Volume 81, Issue 245 (December 21, 2016)

Page Range93599-93600
FR Document2016-30634

This final rule amends the Pension Benefit Guaranty Corporation's regulation on Allocation of Assets in Single-Employer Plans to prescribe interest assumptions under the asset allocation regulation for valuation dates in the first quarter of 2017. The interest assumptions are used for valuing benefits under terminating single-employer plans covered by the pension insurance system administered by PBGC. As discussed below, PBGC has published a separate final rule document dealing with interest assumptions under its regulation on Benefits Payable in Terminated Single-Employer Plans for January 2017.

Federal Register, Volume 81 Issue 245 (Wednesday, December 21, 2016)
[Federal Register Volume 81, Number 245 (Wednesday, December 21, 2016)]
[Rules and Regulations]
[Pages 93599-93600]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30634]


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PENSION BENEFIT GUARANTY CORPORATION

29 CFR Part 4044


Allocation of Assets in Single-Employer Plans; Interest 
Assumptions for Valuing Benefits

AGENCY: Pension Benefit Guaranty Corporation.

ACTION: Final rule.

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

SUMMARY: This final rule amends the Pension Benefit Guaranty 
Corporation's regulation on Allocation of Assets in Single-Employer 
Plans to prescribe interest assumptions under the asset allocation 
regulation for valuation dates in the first quarter of 2017. The 
interest assumptions are used for valuing benefits under terminating 
single-employer plans covered by the pension insurance system 
administered by PBGC. As discussed below, PBGC has published a separate 
final rule document dealing with interest assumptions under its 
regulation on Benefits Payable in Terminated Single-Employer Plans for 
January 2017.

DATES: Effective January 1, 2017.

FOR FURTHER INFORMATION CONTACT: Deborah C. Murphy 
([email protected]), Assistant General Counsel for Regulatory 
Affairs, Office of the General Counsel, Pension Benefit Guaranty 
Corporation, 1200 K Street NW., Washington, DC 20005, 202-326-4400 ext. 
3451. (TTY/TDD users may call the Federal relay service toll free at 1-
800-877-8339 and ask to be connected to 202-326-4400 ext. 3451.)

SUPPLEMENTARY INFORMATION: PBGC's regulation on Allocation of Assets in 
Single-Employer Plans (29 CFR part 4044) prescribes actuarial 
assumptions--including interest assumptions--for valuing 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 regulation 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. 
Assumptions under the asset allocation regulation are updated quarterly 
and are intended to reflect current conditions in the financial and 
annuity markets. This final rule updates the asset allocation interest 
assumptions for the first quarter (January through March) of 2017.
    The first quarter 2017 interest assumptions under the allocation 
regulation will be 1.87 percent for the first 20 years following the 
valuation date and 2.37 percent thereafter. In comparison with the 
interest assumptions in effect for the fourth quarter of 2016, these 
interest assumptions represent no change in the select period (the 
period during which the select rate (the initial rate) applies), a 
decrease of 0.11 percent in the select rate, and a decrease of 0.30 
percent in the ultimate rate (the final rate).
    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 
of benefits under plans with valuation dates during the first quarter 
of 2017, PBGC finds that good cause exists for

[[Page 93600]]

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 in 29 CFR Part 4044

    Employee benefit plans, Pension insurance, Pensions.

    In consideration of the foregoing, 29 CFR part 4044 is amended as 
follows:

PART 4044--ALLOCATION OF ASSETS IN SINGLE-EMPLOYER PLANS

0
1. 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
2. In appendix B to part 4044, a new entry for January-March 2017, as 
set forth below, is added to the table.

Appendix B to Part 4044--Interest Rates Used To Value Benefits

* * * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                            The values of it are:
   For valuation dates occurring in the month--    -----------------------------------------------------------------------------------------------------
                                                           it            for t =             it            for t =             it            for t =
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
January-March 2017................................          0.0187             1-20           0.0237              >20              N/A              N/A
--------------------------------------------------------------------------------------------------------------------------------------------------------


    Signed in Washington, DC.
Deborah Chase Murphy,
Assistant General Counsel for Regulatory Affairs, Pension Benefit 
Guaranty Corporation.
[FR Doc. 2016-30634 Filed 12-20-16; 8:45 am]
BILLING CODE 7709-02-P



                                                                  Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 / Rules and Regulations                                                                   93599

                                                  that in accordance with 21 U.S.C.                                by Executive Order 12866 (Regulatory                             Reporting and recordkeeping
                                                  811(h)(4), the Administrator will take                           Planning and Review), section 3(f), and,                         requirements.
                                                  into consideration any comments                                  accordingly, this action has not been
                                                  submitted by the Assistant Secretary                             reviewed by the Office of Management                               For the reasons set out above, the DEA
                                                  with regard to the proposed temporary                            and Budget.                                                      amends 21 CFR part 1308 as follows:
                                                  scheduling order.                                                  This action will not have substantial
                                                     Further, the DEA believes that this                           direct effects on the States, on the                             PART 1308—SCHEDULES OF
                                                  temporary scheduling action is not a                             relationship between the national                                CONTROLLED SUBSTANCES
                                                  ‘‘rule’’ as defined by 5 U.S.C. 601(2),                          government and the States, or on the
                                                  and, accordingly, is not subject to the                          distribution of power and                                        ■ 1. The authority citation for part 1308
                                                  requirements of the Regulatory                                   responsibilities among the various                               continues to read as follows:
                                                  Flexibility Act (RFA). The requirements                          levels of government. Therefore, in                                Authority: 21 U.S.C. 811, 812, 871(b),
                                                  for the preparation of an initial                                accordance with Executive Order 13132                            unless otherwise noted.
                                                  regulatory flexibility analysis in 5 U.S.C.                      (Federalism) it is determined that this
                                                  603(a) are not applicable where, as here,                        action does not have sufficient                                  ■ 2. In § 1308.11, add paragraphs (h)(23)
                                                  the DEA is not required by section 553                           federalism implications to warrant the                           through (28) to read as follows:
                                                  of the APA or any other law to publish                           preparation of a Federalism Assessment.                          § 1308.11       Schedule I
                                                  a general notice of proposed
                                                  rulemaking.                                                      List of Subjects in 21 CFR Part 1308                             *       *    *            *       *
                                                     Additionally, this action is not a                              Administrative practice and                                        (h) * * *
                                                  significant regulatory action as defined                         procedure, Drug traffic control,

                                                  (23) methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate, its optical, positional, and geometric iso-
                                                    mers, salts and salts of isomers (Other names: 5F–ADB; 5F–MDMB–PINACA) ...........................................................................                          (7034)
                                                  (24) methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3-methylbutanoate, its optical, positional, and geometric isomers,
                                                    salts and salts of isomers (Other names: 5F–AMB) .......................................................................................................................    (7033)
                                                  (25) N-(adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide, its optical, positional, and geometric isomers, salts and
                                                    salts of isomers (Other names: 5F–APINACA, 5F–AKB48) ............................................................................................................           (7049)
                                                  (26) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide, its optical, positional, and geo-
                                                    metric isomers, salts and salts of isomers (Other names: ADB–FUBINACA) ................................................................................                     (7010)
                                                  (27) methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3,3-dimethylbutanoate, its optical, positional, and geometric iso-
                                                    mers, salts and salts of isomers (Other names: MDMB–CHMICA, MMB–CHMINACA) ................................................................                                  (7042)
                                                  (28) methyl 2-(1-(4-fluorobenzyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate, its optical, positional, and geometric iso-
                                                    mers, salts and salts of isomers (Other names: MDMB–FUBINACA) ............................................................................................                  (7020)



                                                    Dated: December 13, 2016.                                      assumptions under its regulation on                              current conditions in the financial and
                                                  Chuck Rosenberg,                                                 Benefits Payable in Terminated Single-                           annuity markets. This final rule updates
                                                  Acting Administrator.                                            Employer Plans for January 2017.                                 the asset allocation interest assumptions
                                                  [FR Doc. 2016–30595 Filed 12–20–16; 8:45 am]                     DATES: Effective January 1, 2017.                                for the first quarter (January through
                                                  BILLING CODE 4410–09–P                                           FOR FURTHER INFORMATION CONTACT:                                 March) of 2017.
                                                                                                                   Deborah C. Murphy (Murphy.Deborah@                                  The first quarter 2017 interest
                                                                                                                   PBGC.gov), Assistant General Counsel                             assumptions under the allocation
                                                  PENSION BENEFIT GUARANTY                                         for Regulatory Affairs, Office of the                            regulation will be 1.87 percent for the
                                                  CORPORATION                                                      General Counsel, Pension Benefit                                 first 20 years following the valuation
                                                                                                                   Guaranty Corporation, 1200 K Street                              date and 2.37 percent thereafter. In
                                                  29 CFR Part 4044                                                 NW., Washington, DC 20005, 202–326–                              comparison with the interest
                                                                                                                   4400 ext. 3451. (TTY/TDD users may                               assumptions in effect for the fourth
                                                  Allocation of Assets in Single-                                  call the Federal relay service toll free at                      quarter of 2016, these interest
                                                  Employer Plans; Interest Assumptions                             1–800–877–8339 and ask to be                                     assumptions represent no change in the
                                                  for Valuing Benefits                                             connected to 202–326–4400 ext. 3451.)                            select period (the period during which
                                                  AGENCY:  Pension Benefit Guaranty                                SUPPLEMENTARY INFORMATION: PBGC’s                                the select rate (the initial rate) applies),
                                                  Corporation.                                                     regulation on Allocation of Assets in                            a decrease of 0.11 percent in the select
                                                                                                                   Single-Employer Plans (29 CFR part                               rate, and a decrease of 0.30 percent in
                                                  ACTION: Final rule.
                                                                                                                   4044) prescribes actuarial                                       the ultimate rate (the final rate).
                                                  SUMMARY:    This final rule amends the                           assumptions—including interest                                      PBGC has determined that notice and
                                                  Pension Benefit Guaranty Corporation’s                           assumptions—for valuing plan benefits                            public comment on this amendment are
                                                  regulation on Allocation of Assets in                            under terminating single-employer                                impracticable and contrary to the public
                                                  Single-Employer Plans to prescribe                               plans covered by title IV of the                                 interest. This finding is based on the
                                                  interest assumptions under the asset                             Employee Retirement Income Security                              need to determine and issue new
                                                  allocation regulation for valuation dates                        Act of 1974. The interest assumptions in                         interest assumptions promptly so that
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  in the first quarter of 2017. The interest                       the regulation are also published on                             the assumptions can reflect current
                                                  assumptions are used for valuing                                 PBGC’s Web site (http://www.pbgc.gov).                           market conditions as accurately as
                                                  benefits under terminating single-                                 The interest assumptions in Appendix                           possible.
                                                  employer plans covered by the pension                            B to Part 4044 are used to value benefits                           Because of the need to provide
                                                  insurance system administered by                                 for allocation purposes under ERISA                              immediate guidance for the valuation of
                                                  PBGC. As discussed below, PBGC has                               section 4044. Assumptions under the                              benefits under plans with valuation
                                                  published a separate final rule                                  asset allocation regulation are updated                          dates during the first quarter of 2017,
                                                  document dealing with interest                                   quarterly and are intended to reflect                            PBGC finds that good cause exists for


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                                                  93600          Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 / Rules and Regulations

                                                  making the assumptions set forth in this                   List of Subjects in 29 CFR Part 4044                              Authority: 29 U.S.C. 1301(a), 1302(b)(3),
                                                  amendment effective less than 30 days                                                                                      1341, 1344, 1362.
                                                                                                               Employee benefit plans, Pension
                                                  after publication.                                         insurance, Pensions.
                                                     PBGC has determined that this action                                                                                    ■ 2. In appendix B to part 4044, a new
                                                                                                               In consideration of the foregoing, 29                         entry for January–March 2017, as set
                                                  is not a ‘‘significant regulatory action’’
                                                                                                             CFR part 4044 is amended as follows:                            forth below, is added to the table.
                                                  under the criteria set forth in Executive
                                                  Order 12866.                                               PART 4044—ALLOCATION OF                                         Appendix B to Part 4044—Interest
                                                     Because no general notice of proposed                   ASSETS IN SINGLE-EMPLOYER                                       Rates Used To Value Benefits
                                                  rulemaking is required for this                            PLANS
                                                  amendment, the Regulatory Flexibility                                                                                      *        *     *        *        *
                                                  Act of 1980 does not apply. See 5 U.S.C.                   ■ 1. The authority citation for part 4044
                                                  601(2).                                                    continues to read as follows:

                                                                                                                                                              The values of it are:
                                                      For valuation dates occurring in the
                                                                    month—                                       it                for t =                     it                for t =                 it       for t =


                                                          *                       *                            *                             *                         *                         *                *
                                                  January–March 2017 ................................       0.0187                 1–20                      0.0237               >20                N/A              N/A



                                                    Signed in Washington, DC.                                soundside area without the requirement                          for the use and management of [National
                                                  Deborah Chase Murphy,                                      of an ORV permit.                                               Park] System units.’’ 54 U.S.C.
                                                  Assistant General Counsel for Regulatory                   DATES: This rule is effective on January                        100751(a).
                                                  Affairs, Pension Benefit Guaranty                          20, 2017.
                                                  Corporation.
                                                                                                                                                                             Off-Road Motor Vehicle Regulation
                                                                                                             FOR FURTHER INFORMATION CONTACT:
                                                  [FR Doc. 2016–30634 Filed 12–20–16; 8:45 am]                                                                                  Executive Order 11644, Use of Off-
                                                                                                             Superintendent, Cape Hatteras National
                                                  BILLING CODE 7709–02–P                                                                                                     Road Vehicles on the Public Lands, was
                                                                                                             Seashore, 1401 National Park Drive,
                                                                                                                                                                             issued in 1972 in response to the
                                                                                                             Manteo, North Carolina 27954. Phone
                                                                                                                                                                             widespread and rapidly increasing off-
                                                                                                             252–475–9032.
                                                                                                                                                                             road driving on public lands ‘‘often for
                                                  DEPARTMENT OF THE INTERIOR                                 SUPPLEMENTARY INFORMATION:                                      legitimate purposes but also in frequent
                                                  National Park Service                                      Background                                                      conflict with wise land and resource
                                                                                                                                                                             management practices, environmental
                                                                                                             Description of Cape Hatteras National                           values, and other types of recreational
                                                  36 CFR Part 7                                              Seashore                                                        activity.’’ Executive Order 11644 was
                                                  [NPS–SER–CAHA–22533; PPSECAHAS0,                             Situated along the Outer Banks of                             amended by Executive Order 11989 in
                                                  PPMPSPD1Z.YM0000]                                          North Carolina, Cape Hatteras National                          1977, and together they are jointly
                                                                                                             Seashore (Seashore or park) was                                 referred to in this rule as the ‘‘E.O.’’ The
                                                  RIN 1024–AE33                                                                                                              E.O. requires Federal agencies that
                                                                                                             authorized by Congress in 1937 and
                                                                                                             established in 1953 as the nation’s first                       allow motorized vehicle use in off-road
                                                  Special Regulations; Areas of the
                                                                                                             national seashore. Consisting of more                           areas to designate specific areas and
                                                  National Park System, Cape Hatteras
                                                                                                             than thirty thousand acres distributed                          routes on public lands where the use of
                                                  National Seashore—Off-Road Vehicle
                                                                                                             along approximately 67 miles of                                 motorized vehicles may be permitted
                                                  Management
                                                                                                             shoreline, the Seashore is part of a                            and to minimize user conflicts and
                                                  AGENCY:     National Park Service, Interior.               dynamic barrier island system.                                  resource impacts.
                                                  ACTION:    Final rule.                                       The Seashore contains important                                  The NPS regulation at 36 CFR 4.10(b)
                                                                                                             wildlife habitat created by dynamic                             implements the E.O. and requires that
                                                  SUMMARY:   The National Park Service                       environmental processes. Several                                routes and areas designated for ORV use
                                                  (NPS) amends its special regulation for                    species listed under the Endangered                             be promulgated as special regulations
                                                  off-road vehicle (ORV) use at Cape                         Species Act, including the piping                               and that the designation of routes and
                                                  Hatteras National Seashore, North                          plover, rufa subspecies of the red knot,                        areas must comply with 36 CFR 1.5 and
                                                  Carolina, to revise the times that certain                 and five species of sea turtles, are found                      E.O. 11644. It also states that ORV
                                                  beaches open to ORV use in the                             within the park. The Seashore also                              routes and areas may be designated only
                                                  morning, to extend the dates that certain                  serves as a popular recreation                                  in national recreation areas, national
                                                  seasonal ORV routes are open in the fall                   destination where users participate in a                        seashores, national lakeshores, and
                                                  and spring, and to modify the size and                     variety of activities.                                          national preserves. This rule is
                                                  location of certain vehicle-free areas.                                                                                    consistent with these authorities and
                                                  The NPS was required to consider these                     Authority and Jurisdiction To
                                                                                                                                                                             with Section 8.2.3.1 (Motorized Off-road
                                                  changes by section 3057 of the National                    Promulgate Regulations
                                                                                                                                                                             Vehicle Use) of NPS Management
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  Defense Authorization Act for Fiscal                          In the NPS Organic Act (54 U.S.C.                            Policies 2006, available at: http://
                                                  Year 2015. The NPS also amends this                        100101), Congress granted the NPS                               www.nps.gov/policy/mp/policies.html.
                                                  special regulation to allow the                            broad authority to regulate the use of
                                                  Superintendent to issue ORV permits                        areas under its jurisdiction. The Organic                       Recent ORV Management at Cape
                                                  for different lengths of time than are                     Act authorizes the Secretary of the                             Hatteras National Seashore
                                                  currently allowed, and to remove an                        Interior, acting through the NPS, to                              In 2010, the NPS completed the Off-
                                                  ORV route designation on Ocracoke                          ‘‘prescribe such regulations as the                             Road Vehicle Management Plan and
                                                  Island to allow vehicle access to a                        Secretary considers necessary or proper                         Environmental Impact Statement (ORV


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Document Created: 2018-02-14 09:11:36
Document Modified: 2018-02-14 09:11:36
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective January 1, 2017.
ContactDeborah C. Murphy ([email protected]), Assistant General Counsel for Regulatory Affairs, Office of the General Counsel, Pension Benefit Guaranty Corporation, 1200 K Street NW., Washington, DC 20005, 202-326-4400 ext. 3451. (TTY/TDD users may call the Federal relay service toll free at 1- 800-877-8339 and ask to be connected to 202-326-4400 ext. 3451.)
FR Citation81 FR 93599 
CFR AssociatedEmployee Benefit Plans; Pension Insurance and Pensions

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