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Federal Register / Vol. 70, No.

135 / Friday, July 15, 2005 / Rules and Regulations 40881

data and information submitted to Payable in Terminated Single-Employer the valuation date and 4.75 percent
support approval of this application Plans and Allocation of Assets in thereafter. These interest assumptions
may be seen in the Division of Dockets Single-Employer Plans prescribe interest represent a decrease (from those in
Management (HFA–305), Food and Drug assumptions for valuing and paying effect for July 2005) of 0.20 percent for
Administration, 5630 Fishers Lane, rm. benefits under terminating single- the first 20 years following the valuation
1061, Rockville, MD 20852, between 9 employer plans. This final rule amends date and are otherwise unchanged.
a.m. and 4 p.m., Monday through the regulations to adopt interest
The interest assumptions that the
Friday. assumptions for plans with valuation
The agency has determined under 21 PBGC will use for its own lump-sum
dates in August 2005. Interest
CFR 25.33(a)(1) that this action is of a payments (set forth in Appendix B to
assumptions are also published on the
type that does not individually or PBGC’s Web site (http://www.pbgc.gov). part 4022) will be 2.25 percent for the
cumulatively have a significant effect on period during which a benefit is in pay
DATES: Effective August 1, 2005.
the human environment. Therefore, status and 4.00 percent during any years
FOR FURTHER INFORMATION CONTACT:
neither an environmental assessment preceding the benefit’s placement in pay
Catherine B. Klion, Attorney, Legislative status. These interest assumptions
nor an environmental impact statement and Regulatory Department, Pension
is required. represent a decrease (from those in
Benefit Guaranty Corporation, 1200 K
This rule does not meet the definition effect for July 2005) of 0.25 percent for
Street, NW., Washington, DC 20005,
of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because the period during which a benefit is in
202–326–4024. (TTY/TDD users may
it is a rule of ‘‘particular applicability.’’ pay status and are otherwise unchanged.
call the Federal relay service toll-free at
Therefore, it is not subject to the 1–800–877–8339 and ask to be For private-sector payments, the
congressional review requirements in 5 connected to 202–326–4024.) interest assumptions (set forth in
U.S.C. 801–808. Appendix C to part 4022) will be the
SUPPLEMENTARY INFORMATION: The
List of Subjects in 21 CFR Part 520 PBGC’s regulations prescribe actuarial same as those used by the PBGC for
assumptions—including interest determining and paying lump sums (set
Animal drugs.
assumptions—for valuing and paying forth in Appendix B to part 4022).
■ Therefore, under the Federal Food,
Drug, and Cosmetic Act and under plan benefits of terminating single- The PBGC has determined that notice
authority delegated to the Commissioner employer plans covered by title IV of and public comment on this amendment
of Food and Drugs and redelegated to the the Employee Retirement Income are impracticable and contrary to the
Center for Veterinary Medicine, 21 CFR Security Act of 1974. The interest public interest. This finding is based on
part 520 is amended as follows: assumptions are intended to reflect the need to determine and issue new
current conditions in the financial and interest assumptions promptly so that
PART 520—ORAL DOSAGE FORM annuity markets. the assumptions can reflect, as
NEW ANIMAL DRUGS Three sets of interest assumptions are
accurately as possible, current market
prescribed: (1) A set for the valuation of
conditions.
■ 1. The authority citation for 21 CFR benefits for allocation purposes under
part 520 continues to read as follows: section 4044 (found in Appendix B to Because of the need to provide
Part 4044), (2) a set for the PBGC to use immediate guidance for the valuation
Authority: 21 U.S.C. 360b.
to determine whether a benefit is and payment of benefits in plans with
§ 520.1265 [Amended] payable as a lump sum and to determine valuation dates during August 2005, the
■ 2. Section 520.1265 is amended in lump-sum amounts to be paid by the PBGC finds that good cause exists for
paragraph (b)(2) by removing ‘‘No. PBGC (found in Appendix B to Part making the assumptions set forth in this
059130’’ and by adding in its place ‘‘Nos. 4022), and (3) a set for private-sector amendment effective less than 30 days
059130 and 061623’’. pension practitioners to refer to if they after publication.
wish to use lump-sum interest rates The PBGC has determined that this
Dated: July 1, 2005.
determined using the PBGC’s historical action is not a ‘‘significant regulatory
Catherine P. Beck, methodology (found in Appendix C to
Acting Director, Center for Veterinary action’’ under the criteria set forth in
Part 4022). Executive Order 12866.
Medicine. Accordingly, this amendment (1) adds
[FR Doc. 05–13975 Filed 7–14–05; 8:45 am] to Appendix B to Part 4044 the interest Because no general notice of proposed
BILLING CODE 4160–01–S assumptions for valuing benefits for rulemaking is required for this
allocation purposes in plans with amendment, the Regulatory Flexibility
valuation dates during August 2005, (2) Act of 1980 does not apply. See 5 U.S.C.
PENSION BENEFIT GUARANTY adds to Appendix B to Part 4022 the 601(2).
CORPORATION interest assumptions for the PBGC to
List of Subjects
use for its own lump-sum payments in
29 CFR Parts 4022 and 4044 plans with valuation dates during 29 CFR Part 4022
August 2005, and (3) adds to Appendix
Benefits Payable in Terminated Single- C to Part 4022 the interest assumptions Employee benefit plans, Pension
Employer Plans; Allocation of Assets for private-sector pension practitioners insurance, Pensions, Reporting and
in Single-Employer Plans; Interest to refer to if they wish to use lump-sum recordkeeping requirements.
Assumptions for Valuing and Paying interest rates determined using the
Benefits 29 CFR Part 4044
PBGC’s historical methodology for
AGENCY: Pension Benefit Guaranty valuation dates during August 2005. Employee benefit plans, Pension
Corporation. For valuation of benefits for allocation insurance, Pensions.
ACTION: Final rule. purposes, the interest assumptions that
the PBGC will use (set forth in ■ In consideration of the foregoing, 29
SUMMARY: The Pension Benefit Guaranty Appendix B to part 4044) will be 3.40 CFR parts 4022 and 4044 are amended as
Corporation’s regulations on Benefits percent for the first 20 years following follows:

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40882 Federal Register / Vol. 70, No. 135 / Friday, July 15, 2005 / Rules and Regulations

PART 4022—BENEFITS PAYABLE IN Authority: 29 U.S.C. 1302, 1322, 1322b, table. (The introductory text of the table
TERMINATED SINGLE-EMPLOYER 1341(c)(3)(D), and 1344. is omitted.)
PLANS Appendix B to Part 4022—Lump Sum
■ 2. In appendix B to part 4022, Rate Set
■ 1. The authority citation for part 4022 142, as set forth below, is added to the Interest Rates For PBGC Payments
continues to read as follows: * * * * *

For plans with a valuation Deferred annuities


Immediate
date (percent)
Rate set annuity rate
(percent)
On or after Before i1 i2 i3 n1 n2

* * * * * * *
142 .................................... 8–1–05 9–1–05 2.25 4.00 4.00 4.00 7 8

■ 3. In appendix C to part 4022, Rate Set Appendix C to Part 4022—Lump Sum


142, as set forth below, is added to the Interest Rates for Private-Sector
table. (The introductory text of the table Payments
is omitted.) * * * * *

For plans with a valuation Deferred annuities


Immediate
date (percent)
Rate set annuity rate
(percent)
On or after Before i1 i2 i3 n1 n2

* * * * * * *
142 .................................... 8–1–05 9–1–05 2.25 4.00 4.00 4.00 7 8

PART 4044—ALLOCATION OF Authority: 29 U.S.C. 1301(a), 1302(b)(3), Appendix B to Part 4044—Interest


ASSETS IN SINGLE-EMPLOYER 1341, 1344, 1362. Rates Used to Value Benefits
PLANS ■ 5. In appendix B to part 4044, a new
entry, as set forth below, is added to the * * * * *
■ 4. The authority citation for part 4044 table. (The introductory text of the table
continues to read as follows: is omitted.)

The values of it are:


For valuation dates occurring in the month—
it for t = it for t = it for t =

* * * * * * *
August 2005 .......................................................................... .0340 1–20 .0475 >20 N/A N/A

Issued in Washington, DC, on this 7th day DEPARTMENT OF HOMELAND Manasquan River, Manasquan Inlet and
of July, 2005. SECURITY Atlantic Ocean between Point Pleasant
Vincent K. Snowbarger, Beach and Bay Head, New Jersey. These
Deputy Executive Director, Pension Benefit Coast Guard special local regulations are necessary to
Guaranty Corporation. provide for the safety of life on
[FR Doc. 05–13906 Filed 7–14–05; 8:45 am] 33 CFR Part 100 navigable waters during the event. This
action is intended to restrict vessel
BILLING CODE 7708–01–P [CGD05–05–073]
traffic in the regulated area during the
RIN 1625–AA08 event.
DATES: This rule is effective from 9:30
Special Local Regulations for Marine a.m. on August 12, 2005 to 3:30 p.m. on
Events; Manasquan River, Manasquan August 13, 2005.
Inlet and Atlantic Ocean, Point
ADDRESSES: Documents indicated in this
Pleasant Beach to Bay Head, NJ
preamble as being available in the
AGENCY: Coast Guard, DHS. docket, are part of docket CGD05–05–
ACTION: Temporary final rule. 073 and are available for inspection or
copying at Commander (oax), Fifth
SUMMARY: The Coast Guard is Coast Guard District, 431 Crawford
establishing temporary special local Street, Portsmouth, Virginia 23704–
regulations for the ‘‘Point Pleasant OPA/ 5004, between 9 a.m. and 2 p.m.,
NJ Offshore Grand Prix’’, a marine event Monday through Friday, except Federal
to be held on the waters of the holidays.

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