83_FR_64040 83 FR 63802 - Allocation of Assets in Single-Employer Plans; Valuation of Benefits and Assets; Expected Retirement Age

83 FR 63802 - Allocation of Assets in Single-Employer Plans; Valuation of Benefits and Assets; Expected Retirement Age

PENSION BENEFIT GUARANTY CORPORATION

Federal Register Volume 83, Issue 238 (December 12, 2018)

Page Range63802-63804
FR Document2018-26843

This rule amends the Pension Benefit Guaranty Corporation's regulation on Allocation of Assets in Single-Employer Plans by substituting a new table for determining expected retirement ages for participants in pension plans undergoing distress or involuntary termination with valuation dates falling in 2019. This table is needed to compute the value of early retirement benefits and, thus, the total value of benefits under a plan.

Federal Register, Volume 83 Issue 238 (Wednesday, December 12, 2018)
[Federal Register Volume 83, Number 238 (Wednesday, December 12, 2018)]
[Rules and Regulations]
[Pages 63802-63804]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26843]


=======================================================================
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PENSION BENEFIT GUARANTY CORPORATION

29 CFR Part 4044


Allocation of Assets in Single-Employer Plans; Valuation of 
Benefits and Assets; Expected Retirement Age

AGENCY: Pension Benefit Guaranty Corporation.

ACTION: Final rule.

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

SUMMARY: This rule amends the Pension Benefit Guaranty Corporation's 
regulation on Allocation of Assets in Single-Employer Plans by 
substituting a new table for determining expected retirement ages for 
participants in pension plans undergoing distress or involuntary 
termination with valuation dates falling in 2019. This table is needed 
to compute the value of early retirement benefits and, thus, the total 
value of benefits under a plan.

DATES: This rule is effective January 1, 2019.

FOR FURTHER INFORMATION CONTACT: Hilary Duke ([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. 3839. (TTY users may call the 
Federal relay service toll-free at 1-800-

[[Page 63803]]

877-8339 and ask to be connected to 202-326-4400, ext. 3839.)

SUPPLEMENTARY INFORMATION: The Pension Benefit Guaranty Corporation 
(PBGC) administers the pension plan termination insurance program under 
title IV of the Employee Retirement Income Security Act of 1974 
(ERISA). PBGC's regulation on Allocation of Assets in Single-Employer 
Plans (29 CFR part 4044) sets forth (in subpart B) the methods for 
valuing plan benefits of terminating single-employer plans covered 
under title IV. Guaranteed benefits and benefit liabilities under a 
plan that is undergoing a distress termination must be valued in 
accordance with subpart B of part 4044. In addition, when PBGC 
terminates an underfunded plan involuntarily pursuant to ERISA section 
4042(a), it uses the subpart B valuation rules to determine the amount 
of the plan's underfunding.
    Under Sec.  4044.51(b) of the asset allocation regulation, early 
retirement benefits are valued based on the annuity starting date, if a 
retirement date has been selected, or the expected retirement age, if 
the annuity starting date is not known on the valuation date. Sections 
4044.55 through 4044.57 set forth rules for determining the expected 
retirement ages for plan participants entitled to early retirement 
benefits. Appendix D of part 4044 contains tables to be used in 
determining the expected early retirement ages.
    Table I in appendix D (Selection of Retirement Rate Category) is 
used to determine whether a participant has a low, medium, or high 
probability of retiring early. The determination is based on the year a 
participant would reach ``unreduced retirement age'' (i.e., the earlier 
of the normal retirement age or the age at which an unreduced benefit 
is first payable) and the participant's monthly benefit at unreduced 
retirement age. The table applies only to plans with valuation dates in 
the current year and is updated annually by PBGC to reflect changes in 
the cost of living, etc.
    Tables II-A, II-B, and II-C (Expected Retirement Ages for 
Individuals in the Low, Medium, and High Categories respectively) are 
used to determine the expected retirement age after the probability of 
early retirement has been determined using Table I. These tables 
establish, by probability category, the expected retirement age based 
on both the earliest age a participant could retire under the plan and 
the unreduced retirement age. This expected retirement age is used to 
compute the value of the early retirement benefit and, thus, the total 
value of benefits under the plan.
    This document amends appendix D to replace Table I-18 with Table I-
19 to provide an updated correlation, appropriate for calendar year 
2019, between the amount of a participant's benefit and the probability 
that the participant will elect early retirement. Table I-19 will be 
used to value benefits in plans with valuation dates during calendar 
year 2019.
    PBGC has determined that notice of, and public comment on, this 
rule are impracticable and contrary to the public interest. Plan 
administrators need to be able to estimate accurately the value of plan 
benefits as early as possible before initiating the termination 
process. For that purpose, if a plan has a valuation date in 2019, the 
plan administrator needs the updated table being promulgated in this 
rule. Accordingly, PBGC finds that the public interest is best served 
by issuing this table expeditiously, without an opportunity for notice 
and comment, and that good cause exists for making the table set forth 
in this amendment effective less than 30 days after publication to 
allow as much time as possible to estimate the value of plan benefits 
with the proper table for plans with valuation dates in early 2019.
    PBGC has determined that this action is not a ``significant 
regulatory action'' under the criteria set forth in Executive Order 
12866 and Executive Order 13771.
    Because no general notice of proposed rulemaking is required for 
this regulation, the Regulatory Flexibility Act of 1980 does not apply 
(5 U.S.C. 601(2)).

List of Subjects in 29 CFR Part 4044

    Employee benefit plans, Pension insurance.

    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. Appendix D to part 4044 is amended by removing Table I-18 and adding 
in its place Table I-19 to read as follows:

Appendix D to Part 4044--Tables Used To Determine Expected Retirement 
Age

                                Table I-19--Selection of Retirement Rate Category
                                        [For valuation dates in 2019 \1\]
----------------------------------------------------------------------------------------------------------------
                                                        Participant's retirement rate category is--
                                         -----------------------------------------------------------------------
                                             Low \2\ if      Medium \3\ if monthly benefit at      High \4\ if
  If participant reaches URA in year--     monthly benefit               URA is--                monthly benefit
                                           at URA is less  ------------------------------------     at URA is
                                               than--            From--             To--         greater than--
----------------------------------------------------------------------------------------------------------------
2020....................................               655               655             2,767             2,767
2021....................................               670               670             2,831             2,831
2022....................................               686               686             2,896             2,896
2023....................................               701               701             2,963             2,963
2024....................................               718               718             3,031             3,031
2025....................................               734               734             3,100             3,100
2026....................................               751               751             3,172             3,172
2027....................................               768               768             3,245             3,245
2028....................................               786               786             3,319             3,319
2029 or later...........................               804               804             3,396             3,396
----------------------------------------------------------------------------------------------------------------
\1\ Applicable tables for valuation dates before 2019 are available on PBGC's website (www.pbgc.gov).
\2\ Table II-A.
\3\ Table II-B.
\4\ Table II-C.


[[Page 63804]]

* * * * *

    Issued in Washington, DC.
Hilary Duke,
Assistant General Counsel for Regulatory Affairs Pension Benefit 
Guaranty Corporation.
[FR Doc. 2018-26843 Filed 12-11-18; 8:45 am]
BILLING CODE 7709-02-P



                                           63802        Federal Register / Vol. 83, No. 238 / Wednesday, December 12, 2018 / Rules and Regulations

                                           3308; or Airbus Service Bulletin A330–34–                 (1) Alternative Methods of Compliance                  (ii) Airbus A330/A340 Airplane Flight
                                           3345; embodied in service.                              (AMOCs): The Manager, International                   Manual Temporary Revision TR774, RNP AR
                                             (3) Group 3 airplanes are those in any                Section, Transport Standards Branch, FAA,             Operations Forbidden with FMGEC Standard
                                           configuration other than that identified in             has the authority to approve AMOCs for this           P5H3, Issue 1, dated October 16, 2017.
                                           paragraph (g)(1) or (g)(2) of this AD.                  AD, if requested using the procedures found              (3) For Airbus SAS service information
                                                                                                   in 14 CFR 39.19. In accordance with 14 CFR            identified in this AD, contact Airbus SAS,
                                           (h) Airplane Flight Manual (AFM) Revision               39.19, send your request to your principal            Airworthiness Office—EAL, Rond-Point
                                              For Group 2 airplanes: Within 30 days after          inspector or local Flight Standards District          Emile Dewoitine No: 2, 31700 Blagnac Cedex,
                                           the effective date of this AD, revise the               Office, as appropriate. If sending information        France, France; telephone +33 5 61 93 36 96;
                                           Limitations section of the Airbus A330/A340             directly to the International Section, send it        fax +33 5 61 93 45 80; email
                                           AFM to include the information in Airbus                to the attention of the person identified in          airworthiness.A330-A340@airbus.com;
                                           A330/A340 AFM Temporary Revision                        paragraph (m)(2) of this AD. Information may          internet http://www.airbus.com.
                                           TR774, RNP AR Operations Forbidden with                 be emailed to: 9-ANM-116-AMOC-                           (4) You may view this service information
                                           FMGEC Standard P5H3, Issue 1, dated                     REQUESTS@faa.gov. Before using any                    at the FAA, Transport Standards Branch,
                                           October 16, 2017 (‘‘TR774’’), and inform all            approved AMOC, notify your appropriate                2200 South 216th St., Des Moines, WA. For
                                           flight crews, and, thereafter, operate the              principal inspector, or lacking a principal           information on the availability of this
                                           airplane accordingly, as specified in TR774.            inspector, the manager of the local flight            material at the FAA, call 206–231–3195.
                                           TR774 prohibits the RNP–AR operation on                 standards district office/certificate holding            (5) You may view this service information
                                                                                                   district office.                                      that is incorporated by reference at the
                                           Airbus SAS Model A330 series airplanes
                                                                                                     (2) Contacting the Manufacturer: For any            National Archives and Records
                                           equipped with FMGEC standard P5H3.
                                                                                                   requirement in this AD to obtain corrective           Administration (NARA). For information on
                                           Revising the AFM to include TR774 may be
                                                                                                   actions from a manufacturer, the action must          the availability of this material at NARA, call
                                           done by inserting a copy of TR774 in the
                                                                                                   be accomplished using a method approved               202–741–6030, or go to: http://
                                           AFM. When TR774 has been included in                    by the Manager, International Section,
                                           general revisions of the AFM, the general                                                                     www.archives.gov/federal-register/cfr/ibr-
                                                                                                   Transport Standards Branch, FAA; or the               locations.html.
                                           revisions may be inserted in the AFM,                   European Aviation Safety Agency (EASA); or
                                           provided the relevant information in the                Airbus SAS’s EASA Design Organization                   Issued in Des Moines, Washington, on
                                           general revision is identical to that in TR774,         Approval (DOA). If approved by the DOA,               November 2, 2018.
                                           and TR774 may be removed.                               the approval must include the DOA                     Jeffrey E. Duven,
                                              Note 1 to paragraph (h) of this AD: The              authorized signature.
                                           Airbus A330/A340 AFM for the aircraft                                                                         Director, System Oversight Division, Aircraft
                                                                                                     (3) Required for Compliance (RC): If any            Certification Service.
                                           affected by this AD is required to be                   service information contains procedures or
                                           furnished with the aircraft, in accordance              tests that are identified as RC, those                [FR Doc. 2018–24685 Filed 12–11–18; 8:45 am]
                                           with 14 CFR 25.1581. Further, operators of              procedures and tests must be done to comply           BILLING CODE 4910–13–P
                                           the aircraft affected by this AD must operate           with this AD; any procedures or tests that are
                                           in accordance with the limitations specified            not identified as RC are recommended. Those
                                           in the AFM, in accordance with 14 CFR 91.9.             procedures and tests that are not identified
                                           (i) FMS Software Modification                           as RC may be deviated from using accepted             PENSION BENEFIT GUARANTY
                                                                                                   methods in accordance with the operator’s             CORPORATION
                                              (1) For Group 1 and Group 2 airplanes:               maintenance or inspection program without
                                           Within 60 days after the effective date of this         obtaining approval of an AMOC, provided               29 CFR Part 4044
                                           AD, modify the airplane by installing FMS               the procedures and tests identified as RC can
                                           software P4A (P/N FMS operational SW                    be done and the airplane can be put back in           Allocation of Assets in Single-
                                           PS4087700–905) on FMGEC standard P5H3                   an airworthy condition. Any substitutions or
                                           (P/N FMGEC C13226HA07 with P/N FMS
                                                                                                                                                         Employer Plans; Valuation of Benefits
                                                                                                   changes to procedures or tests identified as          and Assets; Expected Retirement Age
                                           operational SW PS4087700–906), in                       RC require approval of an AMOC.
                                           accordance with the instructions of Airbus                                                                    AGENCY:  Pension Benefit Guaranty
                                           Service Bulletin A330–22–3264, dated March              (m) Related Information
                                           14, 2018.
                                                                                                                                                         Corporation.
                                                                                                     (1) Refer to Mandatory Continuing
                                              (2) For Group 2 airplanes: After                     Airworthiness Information (MCAI) EASA AD              ACTION: Final rule.
                                           modification of an airplane as required by              2017–0233, dated November 23, 2017, for
                                           paragraph (i)(1) of this AD, the AFM revision           related information. This MCAI may be                 SUMMARY:   This rule amends the Pension
                                           required by paragraph (h) of this AD may be             found in the AD docket on the internet at             Benefit Guaranty Corporation’s
                                           removed from the AFM of that airplane.                  http://www.regulations.gov by searching for           regulation on Allocation of Assets in
                                                                                                   and locating Docket No. FAA–2018–0584.                Single-Employer Plans by substituting a
                                           (j) Optional Modification                                 (2) For more information about this AD,             new table for determining expected
                                              For Group 3 airplanes: From the effective            contact Vladimir Ulyanov, Aerospace                   retirement ages for participants in
                                           date of this AD, it is allowed to modify any            Engineer, International Section, Transport
                                           airplane into a Group 1 or Group 2                      Standards Branch, FAA, 2200 South 216th
                                                                                                                                                         pension plans undergoing distress or
                                           configuration, provided that, concurrently,             St., Des Moines, WA 98198; telephone and              involuntary termination with valuation
                                           that airplane is modified in accordance with            fax 206–231–3229.                                     dates falling in 2019. This table is
                                           the Accomplishment Instructions of Airbus                 (3) Service information identified in this          needed to compute the value of early
                                           Service Bulletin A330–22–3264, dated March              AD that is not incorporated by reference is           retirement benefits and, thus, the total
                                           14, 2018.                                               available at the addresses specified in               value of benefits under a plan.
                                                                                                   paragraphs (n)(3) and (n)(4) of this AD.
                                           (k) Credit for Previous Actions                                                                               DATES: This rule is effective January 1,
                                              This paragraph provides credit for the               (n) Material Incorporated by Reference                2019.
                                           actions required by paragraph (i) of this AD               (1) The Director of the Federal Register           FOR FURTHER INFORMATION CONTACT:
                                           and optional actions specified in paragraph             approved the incorporation by reference               Hilary Duke (duke.hilary@pbgc.gov),
                                           (j) of this AD, if those actions were performed         (IBR) of the service information listed in this       Assistant General Counsel for
amozie on DSK3GDR082PROD with RULES




                                           before the effective date of this AD using              paragraph under 5 U.S.C. 552(a) and 1 CFR             Regulatory Affairs, Office of the General
                                           Airbus Alert Operators Transmission–AOT                 part 51.
                                                                                                      (2) You must use this service information
                                                                                                                                                         Counsel, Pension Benefit Guaranty
                                           A22L002–17, dated October 20, 2017.
                                                                                                   as applicable to do the actions required by           Corporation, 1200 K Street NW,
                                           (l) Other FAA AD Provisions                             this AD, unless this AD specifies otherwise.          Washington, DC 20005, 202–326–4400,
                                              The following provisions also apply to this             (i) Airbus Service Bulletin A330–22–3264,          ext. 3839. (TTY users may call the
                                           AD:                                                     dated March 14, 2018.                                 Federal relay service toll-free at 1–800–


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                                                            Federal Register / Vol. 83, No. 238 / Wednesday, December 12, 2018 / Rules and Regulations                                                                   63803

                                           877–8339 and ask to be connected to                                         reach ‘‘unreduced retirement age’’ (i.e.,                    promulgated in this rule. Accordingly,
                                           202–326–4400, ext. 3839.)                                                   the earlier of the normal retirement age                     PBGC finds that the public interest is
                                           SUPPLEMENTARY INFORMATION: The                                              or the age at which an unreduced                             best served by issuing this table
                                           Pension Benefit Guaranty Corporation                                        benefit is first payable) and the                            expeditiously, without an opportunity
                                           (PBGC) administers the pension plan                                         participant’s monthly benefit at                             for notice and comment, and that good
                                           termination insurance program under                                         unreduced retirement age. The table                          cause exists for making the table set
                                           title IV of the Employee Retirement                                         applies only to plans with valuation                         forth in this amendment effective less
                                           Income Security Act of 1974 (ERISA).                                        dates in the current year and is updated                     than 30 days after publication to allow
                                           PBGC’s regulation on Allocation of                                          annually by PBGC to reflect changes in                       as much time as possible to estimate the
                                           Assets in Single-Employer Plans (29                                         the cost of living, etc.                                     value of plan benefits with the proper
                                           CFR part 4044) sets forth (in subpart B)                                      Tables II–A, II–B, and II–C (Expected                      table for plans with valuation dates in
                                           the methods for valuing plan benefits of                                    Retirement Ages for Individuals in the                       early 2019.
                                                                                                                       Low, Medium, and High Categories                                PBGC has determined that this action
                                           terminating single-employer plans
                                                                                                                       respectively) are used to determine the                      is not a ‘‘significant regulatory action’’
                                           covered under title IV. Guaranteed
                                                                                                                       expected retirement age after the                            under the criteria set forth in Executive
                                           benefits and benefit liabilities under a
                                                                                                                       probability of early retirement has been                     Order 12866 and Executive Order
                                           plan that is undergoing a distress
                                                                                                                       determined using Table I. These tables                       13771.
                                           termination must be valued in
                                                                                                                       establish, by probability category, the                         Because no general notice of proposed
                                           accordance with subpart B of part 4044.
                                                                                                                       expected retirement age based on both                        rulemaking is required for this
                                           In addition, when PBGC terminates an
                                                                                                                       the earliest age a participant could retire
                                           underfunded plan involuntarily                                                                                                           regulation, the Regulatory Flexibility
                                                                                                                       under the plan and the unreduced
                                           pursuant to ERISA section 4042(a), it                                                                                                    Act of 1980 does not apply (5 U.S.C.
                                                                                                                       retirement age. This expected retirement
                                           uses the subpart B valuation rules to                                                                                                    601(2)).
                                                                                                                       age is used to compute the value of the
                                           determine the amount of the plan’s                                          early retirement benefit and, thus, the                      List of Subjects in 29 CFR Part 4044
                                           underfunding.                                                               total value of benefits under the plan.
                                              Under § 4044.51(b) of the asset                                            This document amends appendix D to                           Employee benefit plans, Pension
                                           allocation regulation, early retirement                                     replace Table I–18 with Table I–19 to                        insurance.
                                           benefits are valued based on the annuity                                    provide an updated correlation,                                In consideration of the foregoing, 29
                                           starting date, if a retirement date has                                     appropriate for calendar year 2019,                          CFR part 4044 is amended as follows:
                                           been selected, or the expected                                              between the amount of a participant’s
                                           retirement age, if the annuity starting                                     benefit and the probability that the                         PART 4044—ALLOCATION OF
                                           date is not known on the valuation date.                                    participant will elect early retirement.                     ASSETS IN SINGLE-EMPLOYER
                                           Sections 4044.55 through 4044.57 set                                        Table I–19 will be used to value benefits                    PLANS
                                           forth rules for determining the expected                                    in plans with valuation dates during
                                           retirement ages for plan participants                                       calendar year 2019.                                          ■ 1. The authority citation for part 4044
                                           entitled to early retirement benefits.                                        PBGC has determined that notice of,                        continues to read as follows:
                                           Appendix D of part 4044 contains tables                                     and public comment on, this rule are                           Authority: 29 U.S.C. 1301(a), 1302(b)(3),
                                           to be used in determining the expected                                      impracticable and contrary to the public                     1341, 1344, 1362.
                                           early retirement ages.                                                      interest. Plan administrators need to be
                                                                                                                                                                                    ■ 2. Appendix D to part 4044 is
                                              Table I in appendix D (Selection of                                      able to estimate accurately the value of
                                                                                                                                                                                    amended by removing Table I–18 and
                                           Retirement Rate Category) is used to                                        plan benefits as early as possible before
                                                                                                                                                                                    adding in its place Table I–19 to read as
                                           determine whether a participant has a                                       initiating the termination process. For
                                                                                                                                                                                    follows:
                                           low, medium, or high probability of                                         that purpose, if a plan has a valuation
                                           retiring early. The determination is                                        date in 2019, the plan administrator                         Appendix D to Part 4044—Tables Used
                                           based on the year a participant would                                       needs the updated table being                                To Determine Expected Retirement Age

                                                                                                    TABLE I–19—SELECTION OF RETIREMENT RATE CATEGORY
                                                                                                                                     [For valuation dates in 2019 1]

                                                                                                                                                      Participant’s retirement rate category is—

                                                                                                                                                      Low 2 if                                                   High 4 if
                                           If participant reaches URA in year—                                                                                            Medium 3 if monthly benefit at URA
                                                                                                                                                      monthly                                                    monthly
                                                                                                                                                                          is—
                                                                                                                                                      benefit at                                                 benefit at
                                                                                                                                                      URA is less                                                URA is
                                                                                                                                                      than—               From—                To—               greater than—

                                           2020   .................................................................................................                 655                 655              2,767              2,767
                                           2021   .................................................................................................                 670                 670              2,831              2,831
                                           2022   .................................................................................................                 686                 686              2,896              2,896
                                           2023   .................................................................................................                 701                 701              2,963              2,963
                                           2024   .................................................................................................                 718                 718              3,031              3,031
                                           2025   .................................................................................................                 734                 734              3,100              3,100
                                           2026   .................................................................................................                 751                 751              3,172              3,172
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                                           2027   .................................................................................................                 768                 768              3,245              3,245
                                           2028   .................................................................................................                 786                 786              3,319              3,319
                                           2029   or later ....................................................................................                     804                 804              3,396              3,396
                                              1 Applicable  tables for valuation dates before 2019 are available on PBGC’s website (www.pbgc.gov).
                                              2 Table II–A.
                                              3 Table II–B.
                                              4 Table II–C.




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                                           63804        Federal Register / Vol. 83, No. 238 / Wednesday, December 12, 2018 / Rules and Regulations

                                           *      *     *       *      *                           I. Table of Abbreviations                             IV. Discussion of the Rule
                                             Issued in Washington, DC.                             COTP Captain of the Port                                 This rule establishes a safety zone that
                                           Hilary Duke,                                            CFR Code of Federal Regulations                       will encompass all navigable waters of
                                           Assistant General Counsel for Regulatory                DHS Department of Homeland Security                   the Atlantic Ocean within a 1000-yard
                                           Affairs Pension Benefit Guaranty                        E.O Executive order                                   radius of a Falcon 9 rocket located at
                                           Corporation.                                            FR Federal Register                                   position 28°24.3 N 080°30.8 W, in the
                                                                                                   NPRM Notice of proposed rulemaking
                                           [FR Doc. 2018–26843 Filed 12–11–18; 8:45 am]
                                                                                                   Pub. L. Public Law
                                                                                                                                                         vicinity of Port Canaveral Harbor, Cape
                                           BILLING CODE 7709–02–P                                  § Section                                             Canaveral, Florida. The safety zone will
                                                                                                   U.S.C. United States Code                             be enforced during control, movement,
                                                                                                                                                         and removal operations associated with
                                                                                                   II. Background Information and                        the Falcon 9 rocket from 7 p.m. on
                                           DEPARTMENT OF HOMELAND                                  Regulatory History                                    December 5, 2018 until 11:59 p.m. on
                                           SECURITY                                                   The Coast Guard is issuing this                    December 28, 2018, unless sooner
                                                                                                   temporary rule without prior notice and               terminated by the COTP Jacksonville
                                           Coast Guard
                                                                                                   opportunity to comment pursuant to                    upon completion of the removal
                                                                                                   authority under section 4(a) of the                   operations. The duration of the safety
                                           33 CFR Part 165
                                                                                                   Administrative Procedure Act (APA) (5                 zone is intended to ensure the safety of
                                                                                                   U.S.C. 553(b)). This provision                        persons, vessels, and the marine
                                           [Docket Number USCG–2018–1081]
                                                                                                   authorizes an agency to issue a rule                  environment from potential hazards
                                                                                                   without prior notice and opportunity to               associated with rocket and debris
                                           RIN 1625–AA00
                                                                                                   comment when the agency for good                      movement control and removal
                                           Safety Zone; Rocket Debris Control                      cause finds that those procedures are                 operations. These operations include
                                           and Removal Operations, Atlantic                        ‘‘impracticable, unnecessary, or contrary             the use of towing vessels, divers and
                                           Ocean, Cape Canaveral, FL                               to the public interest.’’ Under 5 U.S.C.              support vessels. There will be occasions
                                                                                                   553(b)(B), the Coast Guard finds that                 during the operations when there will
                                           AGENCY:     Coast Guard, DHS.                           good cause exists for not publishing a                be divers in the water and the waterway
                                           ACTION:    Temporary final rule.                        notice of proposed rulemaking (NPRM)                  will be obstructed by the associated
                                                                                                   with respect to this rule because it is               vessels and equipment. No vessel or
                                           SUMMARY:   The Coast Guard is                           impracticable. On December 5, 2018, the               person will be permitted to enter, transit
                                           establishing a 1000-yard temporary                      Coast Guard determined that immediate                 through, anchor in, or remain within the
                                           moving safety zone around the Falcon 9                  action was necessary to protect life and              safety zone unless authorized by the
                                           rocket in the Atlantic Ocean, in the                    property from the hazards associated                  COTP Jacksonville or designated
                                           vicinity of Port Canaveral Harbor, Cape                 with control and removal of a Falcon 9                representative. If authorization to enter,
                                           Canaveral, FL. This safety zone is                      rocket and any associated debris located              transit through, anchor in, or remain
                                           necessary to protect personnel, vessels,                in the Atlantic Ocean. Due to the                     within the safety zone granted by the
                                           and the public from potential hazards                   emergent nature and increased safety                  COTP Jacksonville or a designated
                                           associated with the control and removal                 risks associated with control and                     representative, all persons and vessels
                                           of the rocket and any debris from                       removal operations for the rocket, there              receiving such authorization must
                                           navigable waters of the Atlantic Ocean.                 is insufficient time to publish an NPRM               transit at a minimum safe speed and
                                           All persons and vessels are prohibited                  and to receive public comments before                 must comply with the orders of the
                                           from entering, transiting through,                      the rulemaking is required. The                       COTP Jacksonville or designated
                                           anchoring in, or remaining within the                   regulation is necessary to provide for                representative. The Coast Guard will
                                           safety zone unless authorized by the                    the safety of persons and vessels within              provide notice and status of the safety
                                           Captain of the Port Jacksonville or a                   a 1000-yard radius of the Falcon 9                    zone by Broadcast Notice to Mariners or
                                           designated representative.                              rocket. For those reasons, it would be                on-scene designated representatives.
                                           DATES: This rule is effective without                   impracticable to publish an NPRM.
                                                                                                                                                         V. Regulatory Analyses
                                           actual notice from December 12, 2018                       For the reasons discussed above,
                                           through December 28, 2018. For                          under 5 U.S.C. 553(d)(3), the Coast                     We developed this rule after
                                           purposes of enforcement, actual notice                  Guard finds that good cause exists for                considering numerous statutes and
                                           will be used from December 5, 2018                      making this rule effective less than 30               Executive orders related to rulemaking.
                                           through December 12, 2018.                              days after publication in the Federal                 Below we summarize our analyses
                                           ADDRESSES: To view documents                            Register.                                             based on a number of these statutes and
                                           mentioned in this preamble as being                                                                           Executive orders, and we discuss First
                                                                                                   III. Legal Authority and Need for Rule                Amendment rights of protestors.
                                           available in the docket, go to http://
                                           www.regulations.gov, type USCG–2018–                       The Coast Guard is issuing this rule
                                                                                                   under authority in 33 U.S.C. 1231. The                A. Regulatory Planning and Review
                                           1081 in the ‘‘SEARCH’’ box and click
                                           ‘‘SEARCH.’’ Click on Open Docket                        Captain of the Port Jacksonville (COTP)                  Executive Orders 12866 and 13563
                                           Folder on the line associated with this                 has determined that potential hazards                 direct agencies to assess the costs and
                                           rule.                                                   associated with control and removal                   benefits of available regulatory
                                                                                                   operations for the Falcon 9 rocket will               alternatives and, if regulation is
                                           FOR FURTHER INFORMATION CONTACT: If
                                                                                                   be a safety concern for persons and                   necessary, to select regulatory
                                           you have questions on this rule, call or                vessels within a 1000-yard radius of the              approaches that maximize net benefits.
amozie on DSK3GDR082PROD with RULES




                                           email Petty Officer Rory Boyle, Sector                  rocket. The purpose of this rule is to                Executive Order 13771 directs agencies
                                           Jacksonville, Waterways Management                      protect personnel, vessels, and the                   to control regulatory costs through a
                                           Division, U.S. Coast Guard; telephone                   marine environment in the navigable                   budgeting process. This rule has not
                                           (904) 714–7661, email Rory.C.Boyle@                     waters within the safety zone during                  been designated a ‘‘significant
                                           uscg.mil.                                               control and removal operations                        regulatory action,’’ under Executive
                                           SUPPLEMENTARY INFORMATION:                              associated with the Falcon 9 rocket.                  Order 12866. Accordingly, this rule has


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Document Created: 2018-12-12 01:39:34
Document Modified: 2018-12-12 01:39:34
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.
DatesThis rule is effective January 1, 2019.
ContactHilary Duke ([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. 3839. (TTY users may call the Federal relay service toll-free at 1-800- 877-8339 and ask to be connected to 202-326-4400, ext. 3839.)
FR Citation83 FR 63802 
CFR AssociatedEmployee Benefit Plans and Pension Insurance

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