You are on page 1of 2

Federal Register / Vol. 73, No.

51 / Friday, March 14, 2008 / Rules and Regulations 13753

52. Barry M. Taira, Caskets & Urns For Less 86. Larry Kaplan, National Association of Appendix 3
(‘‘Taira’’) [Comment A-53] Consumer Agency Administrators
53. Michael P.A. Cohen, National Selected Statements Made On The Public Record
(‘‘NACAA’’) [Comment A-87]
Morticians (‘‘NSM’’) [Comment A-54]* 87. Harold Goyette, Lewis E. Wint and Son Funeral Rule Review Workshop, November
54. Jeff Kramer, AARP [Comment A-55]* Funeral Home [Comment A-88] 18, 1999
55. T. Scott Gilligan, National Funeral 88. Richard F. Cody, Resthaven Memorial
Directors Association (‘‘NFDA’’) [Comment Sylvia Brown, Greensboro, NC
Gardens [Comment A-89] Robert Creal, Creal Funeral Home, St.
A-56]
* NOTE: Not all referenced attachments are Petersburg, FL
56. John M. Peterson, Monument Builders of
included in electronic form. Copies are Tom Crean, Family Funeral Home Assn.,
North America (‘‘MBNA’’) [Comment A-
57]* available from the FTC’s Consumer New Westminister, British Columbia,
57. Harry I. Lapin, Cremation Association of Response Center, Room 130, 600 Canada
North America (‘‘CANA’’) [Comment A- Pennsylvania Avenue, N.W., Washington, Gere Fulton, FCA-FAMSA, Board Member,
58]* D.C. 20580; 1-800-FTC-HELP. Columbia, SC
58. Service Corporation International (‘‘SCI’’) Samuel Frain, Indiana Funeral Directors
[Comment A-59]
Appendix 2 Assn., Frain Mortuary Inc., Winamac, IN
59. John O. Norquist, Mayor, City of Participant List John R. Harmon, NFDA-MA, Tyler, TX
Milwaukee (‘‘Mayor Norquist’’) [Comment John Horan, Horan & McConaty Funeral Svc./
A-60] Funeral Rule Review Workshop, November Cremation, Aurora, CO
60. David N. Swim, Casket Gallery 18, 1999 Deicie May James, Milwaukee, WI
Showrooms (‘‘Swim’’) [Comment A-61] A-55 Jeffrey A. Kramer, American David McComb, D.O. McComb & Sons, Ft.
61. David Lew, The Casket Outlet [Comment Wayne, IN
Association of Retired Persons (AARP)
A-62] John McDonough, Electronic Funeral Service
A-51 Robert Karlin, California Casket
62. James O. Pinkerton, Orion C. Pinkerton Assn., McDonough Funeral Home, Lowell,
Retailers Association MA
Funeral Home, Inc. (‘‘Pinkerton’’) A-61 David Swim, Casket Gallery
[Comment A-63] Rev. Partick Pollard, Natl. Catholic Cemetery
Showrooms Conference, Hillside, IL
63. Robert Prestatt, [Comment A-64]
A-11 G. V. Ayers, Cemetery & Funeral Eileen Santangelo, Evergreen Memorial
64. Dennis N. Britson, North American
Cemetery Regulators Association Program of the CA Dept. of Cons. Affairs Garden
(‘‘NCRA’’) [Comment A-65] (CFP-1 of CA) Richard Santore, Today in Death Care,
65. Bill Collier, Collier Casket Co. (‘‘Collier’’) A-58 Harvey Lapin, Cremation Association of Kingsport, TX
[Comment A-66]* North America (CANA) Steven Sklar, Chairman, N.A.M. Cemetery
66. Jed Hendrickson, Santa Barbara 54 Bill Seale, Directors Investment Group, Regulators Assn., Chair, Consumer Affairs,
Monumental Co., Inc. (‘‘Hendrickson’’) Inc. (DIG) Baltimore, MD
[Comment A-67] A-79 Carolyn Jacobi, Eternal Justice Douglas Stowell, Funeral Services, Inc.,
67. Richard Lamb, Richard Lamb Funeral A-76 Lisa Carlson, Funeral and Memorial Stowell, Anton & Kraemer, Tallahassee, FL
Service & Resource Center (‘‘Lamb’’) Societies of America (FAMSA) Shirley VanArsdale, NFDA, Gardner, KS
[Comment A-68] A-10 Robert Ninker, Funeral Ethics [FR Doc. E8–5065 Filed 3–13–08: 8:45 am]
68. Larry Chedotal, Sr., Restlawn Park Association (FEA) BILLING CODE 6750–01–S
Cemetery & Mausoleum, Inc. (‘‘Chedotal’’) Jonathan Siedlecki, FEA
[Comment A-69] A-52 Mercedes Bern-Klug, Funeral and
69. Charles E. Davis, Association of Memorial Society of Greater Kansas City
Independent Funeral Directors of Florida DEPARTMENT OF LABOR
49 Pat Graham, Graham Funeral Home
(‘‘AIFDF’’) [Comment A-70] (Graham)
70. Robert C. Caudle, (‘‘Caudle’’) [Comment Occupational Safety and Health
A-38 Paul M. Elvig, International Cemetery Administration
A-71]
and Funeral Association (ICFA)
71. William P. Conway, Western Cemetery
Alliance (‘‘WCA’’) [Comment A-72] 57 Billie Watson Hughes, Independent 29 CFR Part 1910
72. William P. Conway, Interment Funeral Directors Assoc. of the District of
Association of California [Comment A-73] Columbia (IFDADC) [Docket No. OSHA–2007–0040]
73. Wanda Upper, Arborcrest Memorial Park A-27 Randall L. Earl, International Order of RIN 1218–AC08
& Chapel Mausoleum [Comment A-74] the Golden Rule (IOGR)
74. Betty Brown, A-Team Casket Stores & A-14 Harry Neel, Jefferson Memorial Updating OSHA Standards Based on
National Casket Retailer’s Association (‘‘B. Cemetery and Funeral Home National Consensus Standards
Brown’’) [Comment A-75]* A-57 John M. Peterson, Monument Builders
75. Lisa Carlson, Funeral and Memorial of North America (MBNA) AGENCY: Occupational Safety and Health
Societies of America (‘‘FAMSA’’) A-87 Jennifer L. Rawls, National Association Administration (OSHA), Department of
[Comment A-76]* of Consumer Agency Administrators Labor.
76. Carla J. Stovall, State of Kansas, Office of (NACAA)
the Attorney General (‘‘KS OAG’’) ACTION: Final rule; confirmation of
48 Maynard Cheris, National Casket Retailers
[Comment A-77] effective date.
Association, Inc.
77. Kathie Milligan [Comment A-78] A-56 John Carmon, National Funeral
78. Carolyn Jacobi, Eternal Justice (‘‘EJ’’) SUMMARY: OSHA is confirming the
Directors Association (NFDA) effective date of its direct final rule that
[Comment A-79]*
T. Scott Gilligan, NFDA revises a number of standards for
79. Morris Nilsen, Minnesota Funeral
A-54 George W. Clarke, National Selected general industry that refer to national
Directors Association [Comment A-80]
80. Elmer Feldheim, [Comment A-81] Morticians (NSM)
consensus standards. The direct final
81. Charles E. Evans, John H. Evans Funeral 58 Edith Churchman, Ph.D., National Funeral
Directors & Morticians Association
rule states that it would become
Home (‘‘Evans’’) [Comment A-82] effective on March 13, 2008 unless
82. Don Kim, Rainbow Casket Company (NFDMA)
A-35 John S. Wallenstein, New York State OSHA receives significant adverse
(‘‘Kim’’) [Comment A-83]
sroberts on PROD1PC70 with RULES

83. Stephanie Lawrence, [Comment A-84] Monument Builders Association (NYSMB) comment on these revisions by January
84. Thomas Crean, Family Funeral Home A-63 James Pinkerton, Orion C. Pinkerton 14, 2008. OSHA received no adverse
Association (‘‘FFHA’’) [Comment A-85] Funeral Home, Inc. comments by that date and, therefore, is
85. Robert McAdams, Twin Cities Cremation A-59 Glenn McMillen, Service Corporation confirming that the rule will become
(‘‘McAdams’’) [Comment A-86] International (SCI) effective on March 13, 2008.

VerDate Aug<31>2005 20:47 Mar 13, 2008 Jkt 214001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\14MRR1.SGM 14MRR1
13754 Federal Register / Vol. 73, No. 51 / Friday, March 14, 2008 / Rules and Regulations

DATES: The direct final rule published protection. As explained in the Federal relay service toll-free at 1–800–
on December 14, 2007 (72 FR 71061) is December 14, 2007 Federal Register 877–8339 and ask to be connected to
effective March 13, 2008. notice, OSHA is removing references 202–326–4024.)
FOR FURTHER INFORMATION CONTACT: that essentially duplicate requirements SUPPLEMENTARY INFORMATION: The
Press Inquiries: Kevin Ropp, OSHA found elsewhere in OSHA’s standards. PBGC’s regulations prescribe actuarial
Office of Communications, Room N– For this reason, employee protection assumptions—including interest
3647, U.S. Department of Labor, 200 will not be diminished by the direct assumptions—for valuing and paying
Constitution Avenue, NW., Washington, final rule. Therefore, the direct final rule plan benefits of terminating single-
DC 20210; telephone: (202) 693–1999. will become effective on March 13, employer plans covered by title IV of
General and technical information: Don 2008. the Employee Retirement Income
Pittenger, Director, Office of Safety Authority and Signature Security Act of 1974. The interest
Systems, Directorate of Standards and assumptions are intended to reflect
Guidance, Occupational Safety and Edwin G. Foulke, Jr., Assistant
current conditions in the financial and
Health Administration, U.S. Department Secretary of Labor for Occupational
annuity markets.
of Labor, Room N–3609, 200 Safety and Health, U.S. Department of
Three sets of interest assumptions are
Constitution Avenue, NW., Washington, Labor, 200 Constitution Avenue, NW.,
prescribed: (1) A set for the valuation of
Washington, DC 20210, directed the
DC 20210; telephone (202) 693–2508. benefits for allocation purposes under
preparation of this document. OSHA is
ADDRESSES: In compliance with 28 section 4044 (found in Appendix B to
issuing this document pursuant to
U.S.C. 2112(a), OSHA designates the Part 4044), (2) a set for the PBGC to use
Sections 4, 6, and 8 of the Occupational
Associate Solicitor for Occupational to determine whether a benefit is
Safety and Health Act of 1970 (29 U.S.C.
Safety and Health as the recipient of payable as a lump sum and to determine
653, 655, 657), Secretary of Labor’s
petitions for review of the final lump-sum amounts to be paid by the
Order 5–2007 (72 FR 31160); and 29
standard. Contact the Associate Solicitor PBGC (found in Appendix B to Part
CFR part 1911.
at the Office of the Solicitor, Room S– 4022), and (3) a set for private-sector
4004, U.S. Department of Labor, 200 Signed at Washington, DC on March 11, pension practitioners to refer to if they
2008. wish to use lump-sum interest rates
Constitution Avenue, NW., Washington,
DC 20210, telephone: (202) 693–5445. Edwin G. Foulke, Jr. determined using the PBGC’s historical
SUPPLEMENTARY INFORMATION: The direct
Assistant Secretary of Labor for Occupational methodology (found in Appendix C to
Safety and Health. Part 4022).
final rule, which applies to general
industry, removes a number of [FR Doc. E8–5120 Filed 3–13–08; 8:45 am] This amendment (1) adds to
references to national consensus BILLING CODE 4510–26–P Appendix B to Part 4044 the interest
standards that have requirements that assumptions for valuing benefits for
duplicate, or are comparable to, other allocation purposes in plans with
OSHA rules; this action includes PENSION BENEFIT GUARANTY valuation dates during March 2008, (2)
correcting a paragraph citation in one of CORPORATION adds to Appendix B to Part 4022 the
these OSHA rules. The direct final rule interest assumptions for the PBGC to
also removes a reference to American 29 CFR Parts 4022 and 4044 use for its own lump-sum payments in
Welding Society standard A3.0–1969 plans with valuation dates during April
Benefits Payable in Terminated Single-
(‘‘Terms and Definitions’’). 2008, and (3) adds to Appendix C to
Employer Plans; Allocation of Assets
On December 14, 2007, OSHA Part 4022 the interest assumptions for
in Single-Employer Plans; Interest
published the direct final rule in the private-sector pension practitioners to
Assumptions for Valuing and Paying
Federal Register with a statement that refer to if they wish to use lump-sum
Benefits
the rule would become effective on interest rates determined using the
March 13, 2008 unless the Agency AGENCY: Pension Benefit Guaranty PBGC’s historical methodology for
received a significant adverse comment Corporation. valuation dates during April 2008.
by January 14, 2008 (72 FR 71061). ACTION: Final rule. For valuation of benefits for allocation
OSHA published simultaneously with purposes, the interest assumptions that
the direct final rule a companion SUMMARY: The Pension Benefit Guaranty the PBGC will use (set forth in
proposed rule (72 FR 71091). In both the Corporation’s regulations on Benefits Appendix B to part 4044) will be 5.64
direct final rule and the proposed rule, Payable in Terminated Single-Employer percent for the first 20 years following
OSHA requested comment on any issues Plans and Allocation of Assets in the valuation date and 4.71 percent
related to this action. Single-Employer Plans prescribe interest thereafter. These interest assumptions
OSHA received six comments on the assumptions for valuing and paying represent an increase (from those in
direct final rule; none of these benefits under terminating single- effect for March 2008) of 0.10 percent
comments was significantly adverse. employer plans. This final rule amends for the first 20 years following the
Some commenters suggested that the regulations to adopt interest valuation date and 0.10 percent for all
OSHA, instead of removing the assumptions for plans with valuation years thereafter.
duplicative and outdated references, dates in April 2008. Interest The interest assumptions that the
update the references to the latest assumptions are also published on the PBGC will use for its own lump-sum
versions of the consensus standards. PBGC’s Web site (http://www.pbgc.gov). payments (set forth in Appendix B to
While OSHA will consider updating its DATES: Effective April 1, 2008. part 4022) will be 3.25 percent for the
rules to incorporate more recent FOR FURTHER INFORMATION CONTACT: period during which a benefit is in pay
versions of the consensus standards in Catherine B. Klion, Manager, Regulatory status and 4.00 percent during any years
sroberts on PROD1PC70 with RULES

the future, updating the references is and Policy Division, Legislative and preceding the benefit’s placement in pay
outside the scope of this rulemaking. In Regulatory Department, Pension Benefit status. These interest assumptions
addition, some commenters mistakenly Guaranty Corporation, 1200 K Street, represent an increase (from those in
believed that removing the duplicative NW., Washington, DC 20005, 202–326– effect for March 2008) of 0.25% in the
references would diminish employee 4024. (TTY/TDD users may call the immediate annuity rate and are

VerDate Aug<31>2005 20:47 Mar 13, 2008 Jkt 214001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\14MRR1.SGM 14MRR1

You might also like