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

that in accordance with 21 U.S.C. 

811(h)(4), the Administrator will take 

into consideration any comments 

submitted by the Assistant Secretary 

with regard to the proposed temporary 

scheduling order. 

Further, the DEA believes that this 

temporary scheduling action is not a 

‘‘rule’’ as defined by 5 U.S.C. 601(2), 

and, accordingly, is not subject to the 

requirements of the Regulatory 

Flexibility Act (RFA). The requirements 

for the preparation of an initial 

regulatory flexibility analysis in 5 U.S.C. 

603(a) are not applicable where, as here, 

the DEA is not required by section 553 

of the APA or any other law to publish 

a general notice of proposed 

rulemaking. 

Additionally, this action is not a 

significant regulatory action as defined 

by Executive Order 12866 (Regulatory 

Planning and Review), section 3(f), and, 

accordingly, this action has not been 

reviewed by the Office of Management 

and Budget. 

This action will not have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with Executive Order 13132 

(Federalism) it is determined that this 

action does not have sufficient 

federalism implications to warrant the 

preparation of a Federalism Assessment. 

List of Subjects in 21 CFR Part 1308 

Administrative practice and 

procedure, Drug traffic control, 

Reporting and recordkeeping 

requirements. 

For the reasons set out above, the DEA 

amends 21 CFR part 1308 as follows: 

PART 1308—SCHEDULES OF 

CONTROLLED SUBSTANCES 

■ 1. The authority citation for part 1308 

continues to read as follows: 

Authority: 21 U.S.C. 811, 812, 871(b), 

unless otherwise noted. 

■ 2. In § 1308.11, add paragraphs (h)(23) 

through (28) to read as follows: 

§ 1308.11 Schedule I 

* * * * * 

(h) * * * 

(23) methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate, its optical, positional, and geometric isomers, salts and salts of isomers (Other names: 5F–ADB; 5F–MDMB–PINACA) ........................................................................... (7034) 

(24) methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3-methylbutanoate, its optical, positional, and geometric isomers, 

salts and salts of isomers (Other names: 5F–AMB) ....................................................................................................................... (7033) 

(25) N-(adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide, its optical, positional, and geometric isomers, salts and 

salts of isomers (Other names: 5F–APINACA, 5F–AKB48) ............................................................................................................ (7049) 

(26) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide, its optical, positional, and geometric isomers, salts and salts of isomers (Other names: ADB–FUBINACA) ................................................................................ (7010) 

(27) methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3,3-dimethylbutanoate, its optical, positional, and geometric isomers, salts and salts of isomers (Other names: MDMB–CHMICA, MMB–CHMINACA) ................................................................ (7042) 

(28) methyl 2-(1-(4-fluorobenzyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate, its optical, positional, and geometric isomers, salts and salts of isomers (Other names: MDMB–FUBINACA) ............................................................................................ (7020) 

Dated: December 13, 2016. 

Chuck Rosenberg, 

Acting Administrator. 

[FR Doc. 2016–30595 Filed 12–20–16; 8:45 am] 

BILLING CODE 4410–09–P 

PENSION BENEFIT GUARANTY 

CORPORATION 

29 CFR Part 4044 

Allocation of Assets in SingleEmployer Plans; Interest Assumptions 

for Valuing Benefits 

AGENCY: Pension Benefit Guaranty 

Corporation. 

ACTION: Final rule. 

SUMMARY: This final rule amends the 

Pension Benefit Guaranty Corporation’s 

regulation on Allocation of Assets in 

Single-Employer Plans to prescribe 

interest assumptions under the asset 

allocation regulation for valuation dates 

in the first quarter of 2017. The interest 

assumptions are used for valuing 

benefits under terminating singleemployer plans covered by the pension 

insurance system administered by 

PBGC. As discussed below, PBGC has 

published a separate final rule 

document dealing with interest 

assumptions under its regulation on 

Benefits Payable in Terminated SingleEmployer Plans for January 2017. 

DATES: Effective January 1, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Deborah C. Murphy (Murphy.Deborah@

PBGC.gov), Assistant General Counsel 

for Regulatory Affairs, Office of the 

General Counsel, Pension Benefit 

Guaranty Corporation, 1200 K Street 

NW., Washington, DC 20005, 202–326– 

4400 ext. 3451. (TTY/TDD users may 

call the Federal relay service toll free at 

1–800–877–8339 and ask to be 

connected to 202–326–4400 ext. 3451.) 

SUPPLEMENTARY INFORMATION: PBGC’s 

regulation on Allocation of Assets in 

Single-Employer Plans (29 CFR part 

4044) prescribes actuarial 

assumptions—including interest 

assumptions—for valuing plan benefits 

under terminating single-employer 

plans covered by title IV of the 

Employee Retirement Income Security 

Act of 1974. The interest assumptions in 

the regulation are also published on 

PBGC’s Web site (http://www.pbgc.gov). 

The interest assumptions in Appendix 

B to Part 4044 are used to value benefits 

for allocation purposes under ERISA 

section 4044. Assumptions under the 

asset allocation regulation are updated 

quarterly and are intended to reflect 

current conditions in the financial and 

annuity markets. This final rule updates 

the asset allocation interest assumptions 

for the first quarter (January through 

March) of 2017. 

The first quarter 2017 interest 

assumptions under the allocation 

regulation will be 1.87 percent for the 

first 20 years following the valuation 

date and 2.37 percent thereafter. In 

comparison with the interest 

assumptions in effect for the fourth 

quarter of 2016, these interest 

assumptions represent no change in the 

select period (the period during which 

the select rate (the initial rate) applies), 

a decrease of 0.11 percent in the select 

rate, and a decrease of 0.30 percent in 

the ultimate rate (the final rate). 

PBGC has determined that notice and 

public comment on this amendment are 

impracticable and contrary to the public 

interest. This finding is based on the 

need to determine and issue new 

interest assumptions promptly so that 

the assumptions can reflect current 

market conditions as accurately as 

possible. 

Because of the need to provide 

immediate guidance for the valuation of 

benefits under plans with valuation 

dates during the first quarter of 2017, 

PBGC finds that good cause exists for 


asabaliauskas on DSK3SPTVN1PROD with RULES
93600 Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 / Rules and Regulations 

making the assumptions set forth in this 

amendment effective less than 30 days 

after publication. 

PBGC has determined that this action 

is not a ‘‘significant regulatory action’’ 

under the criteria set forth in Executive 

Order 12866. 

Because no general notice of proposed 

rulemaking is required for this 

amendment, the Regulatory Flexibility 

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

601(2). 

List of Subjects in 29 CFR Part 4044 

Employee benefit plans, Pension 

insurance, Pensions. 

In consideration of the foregoing, 29 

CFR part 4044 is amended as follows: 

PART 4044—ALLOCATION OF 

ASSETS IN SINGLE-EMPLOYER 

PLANS 

■ 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. In appendix B to part 4044, a new 

entry for January–March 2017, as set 

forth below, is added to the table. 

Appendix B to Part 4044—Interest 

Rates Used To Value Benefits 

* * * * * 

For valuation dates occurring in the 

month— 

The values of it are: 

it for t = it for t = it for t = 

*******

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

Signed in Washington, DC. 

Deborah Chase Murphy, 

Assistant General Counsel for Regulatory 

Affairs, Pension Benefit Guaranty 

Corporation. 

[FR Doc. 2016–30634 Filed 12–20–16; 8:45 am] 

BILLING CODE 7709–02–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

36 CFR Part 7 

[NPS–SER–CAHA–22533; PPSECAHAS0, 

PPMPSPD1Z.YM0000] 

RIN 1024–AE33 

Special Regulations; Areas of the 

National Park System, Cape Hatteras 

National Seashore—Off-Road Vehicle 

Management 

AGENCY: National Park Service, Interior. 

ACTION: Final rule. 

SUMMARY: The National Park Service 

(NPS) amends its special regulation for 

off-road vehicle (ORV) use at Cape 

Hatteras National Seashore, North 

Carolina, to revise the times that certain 

beaches open to ORV use in the 

morning, to extend the dates that certain 

seasonal ORV routes are open in the fall 

and spring, and to modify the size and 

location of certain vehicle-free areas. 

The NPS was required to consider these 

changes by section 3057 of the National 

Defense Authorization Act for Fiscal 

Year 2015. The NPS also amends this 

special regulation to allow the 

Superintendent to issue ORV permits 

for different lengths of time than are 

currently allowed, and to remove an 

ORV route designation on Ocracoke 

Island to allow vehicle access to a 

soundside area without the requirement 

of an ORV permit. 

DATES: This rule is effective on January 

20, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Superintendent, Cape Hatteras National 

Seashore, 1401 National Park Drive, 

Manteo, North Carolina 27954. Phone 

252–475–9032. 

SUPPLEMENTARY INFORMATION: 

Background 

Description of Cape Hatteras National 

Seashore 

Situated along the Outer Banks of 

North Carolina, Cape Hatteras National 

Seashore (Seashore or park) was 

authorized by Congress in 1937 and 

established in 1953 as the nation’s first 

national seashore. Consisting of more 

than thirty thousand acres distributed 

along approximately 67 miles of 

shoreline, the Seashore is part of a 

dynamic barrier island system. 

The Seashore contains important 

wildlife habitat created by dynamic 

environmental processes. Several 

species listed under the Endangered 

Species Act, including the piping 

plover, rufa subspecies of the red knot, 

and five species of sea turtles, are found 

within the park. The Seashore also 

serves as a popular recreation 

destination where users participate in a 

variety of activities. 

Authority and Jurisdiction To 

Promulgate Regulations 

In the NPS Organic Act (54 U.S.C. 

100101), Congress granted the NPS 

broad authority to regulate the use of 

areas under its jurisdiction. The Organic 

Act authorizes the Secretary of the 

Interior, acting through the NPS, to 

‘‘prescribe such regulations as the 

Secretary considers necessary or proper 

for the use and management of [National 

Park] System units.’’ 54 U.S.C. 

100751(a). 

Off-Road Motor Vehicle Regulation 

Executive Order 11644, Use of OffRoad Vehicles on the Public Lands, was 

issued in 1972 in response to the 

widespread and rapidly increasing offroad driving on public lands ‘‘often for 

legitimate purposes but also in frequent 

conflict with wise land and resource 

management practices, environmental 

values, and other types of recreational 

activity.’’ Executive Order 11644 was 

amended by Executive Order 11989 in 

1977, and together they are jointly 

referred to in this rule as the ‘‘E.O.’’ The 

E.O. requires Federal agencies that 

allow motorized vehicle use in off-road 

areas to designate specific areas and 

routes on public lands where the use of 

motorized vehicles may be permitted 

and to minimize user conflicts and 

resource impacts. 

The NPS regulation at 36 CFR 4.10(b) 

implements the E.O. and requires that 

routes and areas designated for ORV use 

be promulgated as special regulations 

and that the designation of routes and 

areas must comply with 36 CFR 1.5 and 

E.O. 11644. It also states that ORV 

routes and areas may be designated only 

in national recreation areas, national 

seashores, national lakeshores, and 

national preserves. This rule is 

consistent with these authorities and 

with Section 8.2.3.1 (Motorized Off-road 

Vehicle Use) of NPS Management 

Policies 2006, available at: http://

www.nps.gov/policy/mp/policies.html. 

Recent ORV Management at Cape 

Hatteras National Seashore 

In 2010, the NPS completed the OffRoad Vehicle Management Plan and 

Environmental Impact Statement (ORV 


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