Federal Register / Vol. 81, No. 224 / Monday, November 21, 2016 / Rules and Regulations 83137 

(v) Exemption (k)(5) is claimed with 

respect to the requirements of 5 U.S.C. 

552a(c)(3) and (d) because this system 

contains investigatory material 

compiled solely for determining 

suitability, eligibility, and qualifications 

for Federal employment. To the extent 

that the disclosure of material would 

reveal the identity of a source who 

furnished information to the 

Government under an express promise 

that the identity of the source would be 

held in confidence, or prior to 

September 27, 1975, under an implied 

promise that the identity of the source 

would be held in confidence, the 

applicability of exemption (k)(5) will be 

required to honor promises of 

confidentiality should an individual 

request access to or amendment of the 

record, or access to the accounting of 

disclosures of the record. Similarly, 

personnel investigations may contain 

evaluation material used to determine 

potential for promotion in the armed 

services. Application of exemption 

(k)(7) is necessary to the extent that the 

disclosure of data would compromise 

the anonymity of a source under an 

express promise that the identity of the 

source would be held in confidence, or, 

prior to September 27, 1975, under an 

implied promise that the identity of the 

source would be held in confidence. 

Both of these exemptions are necessary 

to safeguard the integrity of background 

investigations by minimizing the threat 

of harm to confidential sources, 

witnesses, and law enforcement 

personnel. Additionally, these 

exemptions reduce the risks of improper 

influencing of sources, the destruction 

of evidence, and the fabrication of 

testimony. 

(vi) All information in this system 

that meets the criteria articulated in 

exemption (k)(6) is exempt from the 

requirements of 5 U.S.C. 552a(d), 

relating to access to and amendment of 

records by an individual. This 

exemption is claimed because portions 

of this system relate to testing or 

examining materials used solely to 

determine individual qualifications for 

appointment or promotion to the 

Federal service. Access to or 

amendment to this information by an 

individual would compromise the 

objectivity and fairness of the testing or 

examining process. 

(2) 5 U.S.C. 552a(e)(1) requires an 

agency to maintain in its records only 

such information about an individual as 

is relevant and necessary to accomplish 

a purpose of the agency required by 

statute or by executive order of the 

President. This requirement could 

foreclose investigators from acquiring or 

receiving information the relevance and 

necessity of which is not readily 

apparent and could only be ascertained 

after a complete review and evaluation 

of all the evidence. This system of 

records is exempt from this requirement 

because in the course of personnel 

background investigations, the accuracy 

of information obtained or introduced 

occasionally may be unclear, or the 

information may not be strictly relevant 

or necessary to favorably or unfavorably 

adjudicate a specific investigation at a 

specific point in time. However, in the 

interests of protecting the public trust 

and national security, it is appropriate 

to retain all information that may aid in 

establishing patterns in such areas as 

criminal conduct, alcohol and drug use, 

financial dishonesty, allegiance, foreign 

preference of influence, and 

psychological conditions, that are 

relevant to future personnel security or 

suitability determinations. 

(3) 5 U.S.C. 552a(e)(4)(G) and (H) 

require an agency to publish a Federal 

Register notice concerning its 

procedures for notifying an individual, 

at his/her request, if the system of 

records contains a record pertaining to 

him/her, how to gain access to such a 

record and how to contest its content. 

Since this system of records is being 

exempted from subsection (f) of the Act, 

concerning agency rules, and subsection 

(d) of the Act, concerning access to 

records, these requirements are 

inapplicable to the extent that this 

system of records will be exempt from 

subsections (f) and (d) of the Act. 

Although the system would be exempt 

from these requirements, the NLRB has 

published information concerning its 

notification, access, and contest 

procedures because, under certain 

circumstances, it may be appropriate for 

a subject to have access to a portion of 

that individual’s records in this system 

of records. 

(4) 5 U.S.C. 552a(e)(4)(I) requires an 

agency to publish a Federal Register 

notice concerning the categories of 

sources of records in the system of 

records. Exemption from this provision 

is necessary to protect the 

confidentiality of the sources of 

information, to protect the privacy and 

physical safety of confidential sources 

and witnesses, and to avoid the 

disclosure of investigative techniques 

and procedures. Although the system 

will be exempt from this requirement, 

the agency has published source 

information in the accompanying notice 

in broad generic terms. 

(5) 5 U.S.C. 552a(f) requires an agency 

to promulgate rules which shall 

establish procedures whereby an 

individual can be notified in response to 

a request if any system of records named 

by the individual contains a record 

pertaining to that individual. The 

application of this provision could 

compromise the progress of an 

investigation concerning the suitability, 

eligibility, and fitness for service of 

applicants for Federal employment and 

impede a prompt assessment of the 

appropriate access to the Agency’s 

facilities. Although this system would 

be exempt from the requirements of 

subsection (f) of the Act, the Agency has 

promulgated rules which establish 

agency procedures because, under 

certain circumstances, it could be 

appropriate for an individual to have 

access to all or a portion of that 

individual’s records in this system of 

records. 

Dated: Washington, DC, November 9, 2016. 

By direction of the Board. 

William B. Cowen, 

Federal Register Liaison, National Labor 

Relations Board. 

[FR Doc. 2016–27487 Filed 11–18–16; 8:45 am] 

BILLING CODE 7545–01–P 

PENSION BENEFIT GUARANTY 

CORPORATION 

29 CFR Part 4044 

Allocation of Assets in SingleEmployer 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 2017. This table is 

needed in order to compute the value of 

early retirement benefits and, thus, the 

total value of benefits under a plan. 

DATES: Effective January 1, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Deborah C. Murphy (Murphy.Deborah@

pbgc.gov), Assistant General Counsel for 

Regulatory Affairs, 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: The 

Pension Benefit Guaranty Corporation 

(PBGC) administers the pension plan 

termination insurance program under 


asabaliauskas on DSK3SPTVN1PROD with RULES
83138 Federal Register / Vol. 81, No. 224 / Monday, November 21, 2016 / Rules and Regulations 

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 § 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 the 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–16 with Table I–17 in 

order to provide an updated correlation, 

appropriate for calendar year 2017, 

between the amount of a participant’s 

benefit and the probability that the 

participant will elect early retirement. 

Table I–17 will be used to value benefits 

in plans with valuation dates during 

calendar year 2017. 

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 2017, the plan administrator 

needs the updated table being 

promulgated in this rule. Accordingly, 

the public interest is best served by 

issuing this table expeditiously, without 

an opportunity for notice and comment, 

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 2017. 

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 

regulation, the Regulatory Flexibility 

Act of 1980 does not apply (5 U.S.C. 

601(2)). 

List of Subjects in 29 CFR Part 4044 

Pension insurance, Pensions. 

In consideration of the foregoing, 29 

CFR part 4044 is amended as follows: 

■ 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. 

■ 2. Appendix D to part 4044 is 

amended by removing Table I–16 and 

adding in its place Table I–17 to read as 

follows: 

Appendix D to Part 4044—Tables Used 

To Determine Expected Retirement Age 

TABLE I–17—SELECTION OF RETIREMENT RATE CATEGORY

[For plans with valuation dates after December 31, 2016, and before January 1, 2018] 

If participant reaches URA in year— 

Participant’s Retirement Rate Category is— 

Low 1 if 

monthly 

benefit at URA 

is less than— 

Medium 2 if monthly benefit at 

URA is— 

High 3 if 

monthly 

benefit at URA 

is greater 

From— To— than— 

2018 ................................................................................................................. 631 631 2,665 2,665 

2019 ................................................................................................................. 645 645 2,724 2,724 

2020 ................................................................................................................. 660 660 2,787 2,787 

2021 ................................................................................................................. 675 675 2,851 2,851 

2022 ................................................................................................................. 691 691 2,916 2,916 

2023 ................................................................................................................. 707 707 2,983 2,983 

2024 ................................................................................................................. 723 723 3,052 3,052 

2025 ................................................................................................................. 740 740 3,122 3,122 

2026 ................................................................................................................. 757 757 3,194 3,194 

2027 or later .................................................................................................... 774 774 3,268 3,268 

1Table II–A. 

2Table II–B. 

3Table II–C. 


asabaliauskas on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 81, No. 224 / Monday, November 21, 2016 / Rules and Regulations 83139 

* * * * * 

Issued in Washington, DC, by: 

Judith Starr, 

General Counsel, Pension Benefit Guaranty 

Corporation. 

[FR Doc. 2016–27986 Filed 11–18–16; 8:45 am] 

BILLING CODE 7709–02–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2016–1011] 

RIN 1625–AA00 

Safety Zone; Great Egg Harbor Bay, 

Marmora, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the waters of Great Egg Harbor Bay in 

Marmora, NJ. The safety zone includes 

all waters within 500 yards of a blasting 

vessel and equipment being used to 

conduct bridge pile blasting operations, 

which is the final phase of the 

demolition of the Route 9, Beesley Point 

Bridge bascule span. This safety zone 

will only be enforced during times of 

explosive detonation. The safety zone 

will temporarily restrict vessel traffic 

from transiting or anchoring in a portion 

of the Great Egg Harbor Bay while pile 

blasting and removal operations are 

being conducted to facilitate the 

removal of bridge piles from the 

demolished Route 9, Beesley Point 

Bridge. 

DATES: This rule is effective without 

actual notice from November 21, 2016 

through November 24, 2016. For the 

purposes of enforcement, actual notice 

will be used from November 15, 2016, 

until November 21, 2016. During this 

period the safety zone will only be 

enforced during times of explosive 

detonation. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2016– 

1011 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this rule, call 

or email Marine Science Technician 

First Class Tom Simkins, U.S. Coast 

Guard, Sector Delaware Bay, Waterways 

Management Division, Coast Guard; 

telephone (215)271–4889, email 

Tom.J.Simkins@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

COTP Captain of the Port 

II. Background Information and 

Regulatory History 

In June 2013, demolition work began 

on the Route 9, Beesley Point Bridge 

between Somers Point and Marmora, NJ. 

Route 52 Construction, the company 

performing this demolition work, has 

completed all demolition of the bridge 

and piles except the portion of the 

bridge which has the bascule span 

opening for the navigational channel. 

The removal of the remaining piles, 

which are secured to the sea floor bed, 

will be completed by using explosives 

after which the piles and debris will be 

removed. The Captain of the Port has 

determined that potential hazards 

associated with pile blasting operations, 

beginning on or about November 15, 

2016, will be a safety concern for 

anyone operating within 500 yards of 

pile blasting operations during times of 

explosive detonation. 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because the 

final details for this event were not 

received by the Coast Guard until 

November 8, 2016, and the safety zone 

is needed for blasting and demolition 

operations which will begin November 

15, 2016. It is impracticable to publish 

an NPRM and consider comments due 

to the short window of time until the 

operation begins. Allowing this event to 

go forward without a safety zone in 

place would expose mariners and the 

public to unnecessary dangers 

associated with explosive detonation. 

We are issuing this rule, and under 5 

U.S.C. 553(d)(3), the Coast Guard finds 

that good cause exists for making it 

effective less than 30 days after 

publication in the Federal Register for 

the reasons we stated above. Delaying 

the effective date of this rule would be 

contrary to public interest because the 

safety zone is needed to begin on 

November 15, 2016, to protect the 

public from safety hazards associated 

with explosive detonation. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 33 U.S.C. 1231. The 

Captain of the Port has determined that 

potential hazards are associated with 

demolition and pile blasting operations 

of the Route 9, Beesley Point Bridge, 

over the Great Egg Harbor Bay, in 

Marmora, NJ, from November 15, 2016, 

through November 24, 2016. The rule 

will provide a safety buffer around the 

blasting vessel during times of explosive 

detonation. 

The purpose of this rule is to promote 

maritime safety and protect vessels from 

the hazards of bridge demolition and 

pile blasting operations, and to maintain 

safety of navigation in the Great Egg 

Harbor Bay, in the vicinity of the Route 

9, Beesley Point Bridge. The rule will 

provide a safety buffer around the crane 

and barge while demolition operations 

are conducted, and will provide a safety 

buffer around the blasting vessel during 

times of explosive detonation. 

IV. Discussion of the Rule 

On November 15, 2016, demolition 

work will begin on the remaining 

portion of the Route 9, Beesley Point 

Bridge, over the Great Egg Harbor Bay, 

in Marmora, NJ. The Captain of the Port 

has determined that the hazards 

associated with demolition and pile 

blasting operations requires a safety 

zone. 

The safety zone will be enforced 

starting on or after November 15, 2016, 

only during times of explosive 

detonation, and encompasses all 

navigable waters in the Great Egg Harbor 

Bay within 500 yards of vessels and 

machinery being used to conduct pile 

blasting and removal operations. The 

duration of the enforcement of the zone 

is intended to protect personnel, 

vessels, and the marine environment in 

these navigable waters while explosive 

detonation occurs. There will be two 

blasting events occurring on consecutive 

days to complete both piers. Actual 

dates and times of explosive detonation 

will be published with a combination of 

broadcast notice to mariners, local 

notice to mariners, posted warning 

signs, 500 yard marine traffic safety 

zone maintained by the contractors 

safety boats, a 10 minute, 5 minutes, 

and 1 minute warning made by the 

blasting vessel via VHF–FM channel 16, 


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