20164 Federal Register / Vol. 73, No. 73 / Tuesday, April 15, 2008 / Rules and Regulations 

(Lat. 30°14′09′′ N., long. 81°40′50′′ W.) 

Whitehouse NOLF, FL 

(Lat. 30°21′01′′ N., long. 81°52′59′′ W.) 

Herlong Airport 

(Lat. 30°16′40′′ N., long. 81°48′21′′ W.) 

That airspace extending upward from the 

surface of the Earth, to and including 2,600 

feet MSL, within a 4.3-mile radius of Cecil 

Field; excluding that airspace within the 

Jacksonville NAS Class D airspace area, 

excluding that airspace north of a line from 

lat. 30°17′00′′ N., long. 81°50′24′′ W. to lat. 

30°17′00′′ N., long. 81°54′47′′ W., which abuts 

the Jacksonville Whitehouse NOLF Class D 

airspace, and excluding that airspace within 

a 1.8-mile radius of Herlong Airport. This 

Class D airspace area is effective during the 

specific days and times established in 

advance by a Notice to Airmen. The effective 

days and times will thereafter be 

continuously published in the Airport/ 

Facility Directory. 

* * * * * 

Paragraph 6004 Class E Airspace Areas 

Designated as an Extension to a Class D 

Surface Area. 

* * * * * 

ASO FL E4 Jacksonville Cecil Field, FL 

[New] 

Cecil Field, FL 

(Lat. 30°13′07′′ N., long. 81°52′36′′ W.) 

Cecil VOR 

(Lat. 30°12′47′′ N., long. 81°53′27′′ W.) 

That airspace extending upward from the 

surface of the Earth within 2.4 miles each 

side of the Cecil VOR 286 radial extending 

from the 4.3-mile radius to 7 miles west of 

the VOR. This Class E airspace area is 

effective during the specific days and times 

established in advance by a Notice to 

Airmen. The effective days and times will 

thereafter be continuously published in the 

Airport/Facility Directory. 

* * * * * 

Issued in College Park, Georgia, on March 

27, 2008. 

Mark D. Ward, 

Manager, System Support Group, Eastern 

Service Center. 

[FR Doc. E8–7669 Filed 4–14–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 135 

Use of Radar in Instrument Approach 

Procedures 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: This final rule corrects an 

inaccurate cross-reference citation in 

one of the FAA regulations. This 

correction is necessary to direct the 

reader to the actual paragraph that 

addresses the use of radar in instrument 

approaches. 

DATES: This rule is effective April 15, 

2008. 

FOR FURTHER INFORMATION CONTACT: 

Dennis Pratte, 135 Air Carrier 

Operations Branch, AFS–250, Flight 

Standards Service, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

Telephone No. (202) 493–4971; e-mail 

dennis.pratte@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 135.211 was added to Title 14 

of the Code of Federal Regulations on 

October 10, 1978 (43 FR 46783). 

Paragraph (a)(2) of this section 

originally contained a cross-reference to 

paragraph (f) of 14 CFR 91.116, which 

addressed the use of radar in instrument 

approach procedures for landings. On 

August 18, 1989, 14 CFR part 91 was 

revised (54 FR 34294). As part of the 

revision, the information previously 

contained in § 91.116 transferred to 

§ 91.175. The information formerly in 

§ 91.116(f) became § 91.175(i). A second 

amendment on that same day amended 

§ 135.211(a)(2) to change the crossreference from § 91.116 to § 91.175 (54 

FR 34332). However, the Regional Air 

Cargo Carriers Association informed the 

FAA that the reference to paragraph (f) 

was not changed to paragraph (i), as it 

should have been. As a result, the 

current regulations mistakenly refer 

readers to paragraph (f) of § 91.175, 

which addresses the minimum weather 

conditions for takeoffs under instrument 

flight rules, instead of paragraph (i) of 

§ 91.175, which addresses the use of 

radar in instrument approach 

procedures for landings. This inaccurate 

cross-reference may cause confusion for 

pilots who are looking for the guidance 

on the use of radar when landing. 

Therefore, the FAA is amending 

§ 135.211(a)(2) to correct this crossreference. 

Technical Amendment 

This technical amendment will 

correct the cross-reference in 

§ 135.211(a)(2) to properly refer to 

§ 91.175(i). 

Justification for Immediate Adoption 

Because this action corrects an 

incorrect paragraph reference, the FAA 

finds that notice and public comment 

under 5 U.S.C. 553(b) is unnecessary. 

For the same reason, the FAA finds that 

good cause exists under 5 U.S.C. 553(d) 

for making this rule effective upon 

publication. 

List of Subjects in 14 CFR Part 135 

Aircraft, Airmen, Aviation safety. 

The Amendment 

■ In consideration of the foregoing, the 

Federal Aviation Administration 

amends Chapter I of Title 14, Code of 

Federal Regulations, part 135, as 

follows: 

PART 135—OPERATING 

REQUIREMENTS: COMMUTER AND 

ON DEMAND OPERATIONS AND 

RULES GOVERNING PERSONS ON 

BOARD SUCH AIRCRAFT 

■ 1. The authority citation for part 135 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 41706, 40113, 

44701–44702, 44705, 44709, 44711–44713, 

44715–44717, 44722, 45101–45105. 

§ 135.211 [Amended] 

■ 2. Amend § 135.211(a)(2) by removing 

the citation ‘‘§ 91.175(f)’’ and adding in 

its place the citation ‘‘§ 91.175(i)’’. 

Issued in Washington, DC, on April 9, 

2008. 

Pamela Hamilton-Powell, 

Director, Office of Rulemaking. 

[FR Doc. E8–7966 Filed 4–14–08; 8:45 am] 

BILLING CODE 4910–13–P 

PENSION BENEFIT GUARANTY 

CORPORATION 

29 CFR Parts 4022 and 4044 

Benefits Payable in Terminated SingleEmployer Plans; Allocation of Assets 

in Single-Employer Plans; Interest 

Assumptions for Valuing and Paying 

Benefits 

AGENCY: Pension Benefit Guaranty 

Corporation. 

ACTION: Final rule. 

SUMMARY: The Pension Benefit Guaranty 

Corporation’s regulations on Benefits 

Payable in Terminated Single-Employer 

Plans and Allocation of Assets in 

Single-Employer Plans prescribe interest 

assumptions for valuing and paying 

benefits under terminating singleemployer plans. This final rule amends 

the regulations to adopt interest 

assumptions for plans with valuation 

dates in May 2008. Interest assumptions 

are also published on the PBGC’s Web 

site (http://www.pbgc.gov). 

DATES: Effective May 1, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Catherine B. Klion, Manager, Regulatory 

and Policy Division, Legislative and 

Regulatory Department, Pension Benefit 

Guaranty Corporation, 1200 K Street, 


rfrederick on PROD1PC67 with RULES
Federal Register / Vol. 73, No. 73 / Tuesday, April 15, 2008 / Rules and Regulations 20165 

NW., Washington, DC 20005, 202–326–

4024. (TTY/TDD users may call the 

Federal relay service toll-free at 1–800–

877–8339 and ask to be connected to 

202–326–4024.) 

SUPPLEMENTARY INFORMATION: The 

PBGC’s regulations prescribe actuarial 

assumptions—including interest 

assumptions—for valuing and paying 

plan benefits of terminating singleemployer plans covered by title IV of 

the Employee Retirement Income 

Security Act of 1974. The interest 

assumptions are intended to reflect 

current conditions in the financial and 

annuity markets. 

Three sets of interest assumptions are 

prescribed: (1) A set for the valuation of 

benefits for allocation purposes under 

section 4044 (found in Appendix B to 

Part 4044), (2) a set for the PBGC to use 

to determine whether a benefit is 

payable as a lump sum and to determine 

lump-sum amounts to be paid by the 

PBGC (found in Appendix B to Part 

4022), and (3) a set for private-sector 

pension practitioners to refer to if they 

wish to use lump-sum interest rates 

determined using the PBGC’s historical 

methodology (found in Appendix C to 

Part 4022). 

This amendment (1) adds to 

Appendix B to Part 4044 the interest 

assumptions for valuing benefits for 

allocation purposes in plans with 

valuation dates during May 2008, (2) 

adds to Appendix B to Part 4022 the 

interest assumptions for the PBGC to 

use for its own lump-sum payments in 

plans with valuation dates during May 

2008, and (3) adds to Appendix C to 

Part 4022 the interest assumptions for 

private-sector pension practitioners to 

refer to if they wish to use lump-sum 

interest rates determined using the 

PBGC’s historical methodology for 

valuation dates during May 2008. 

For valuation of benefits for allocation 

purposes, the interest assumptions that 

the PBGC will use (set forth in 

Appendix B to part 4044) will be 5.81 

percent for the first 20 years following 

the valuation date and 4.88 percent 

thereafter. These interest assumptions 

represent an increase (from those in 

effect for April 2008) of 0.17 percent for 

the first 20 years following the valuation 

date and 0.17 percent for all years 

thereafter. 

The interest assumptions that the 

PBGC will use for its own lump-sum 

payments (set forth in Appendix B to 

part 4022) will be 3.25 percent for the 

period during which a benefit is in pay 

status and 4.00 percent during any years 

preceding the benefit’s placement in pay 

status. These interest assumptions 

represent no change from those in effect 

for April 2008. For private-sector 

payments, the interest assumptions (set 

forth in Appendix C to part 4022) will 

be the same as those used by the PBGC 

for determining and paying lump sums 

(set forth in Appendix B to part 4022). 

The 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 

and payment of benefits in plans with 

valuation dates during May 2008, the 

PBGC finds that good cause exists for 

making the assumptions set forth in this 

amendment effective less than 30 days 

after publication. 

The 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 

29 CFR Part 4022 

Employee benefit plans, Pension 

insurance, Pensions, Reporting and 

recordkeeping requirements. 

29 CFR Part 4044 

Employee benefit plans, Pension 

insurance, Pensions. 

■ In consideration of the foregoing, 29 

CFR parts 4022 and 4044 are amended 

as follows: 

PART 4022—BENEFITS PAYABLE IN 

TERMINATED SINGLE-EMPLOYER 

PLANS 

■ 1. The authority citation for part 4022 

continues to read as follows: 

Authority: 29 U.S.C. 1302, 1322, 1322b, 

1341(c)(3)(D), and 1344. 

■ 2. In appendix B to part 4022, Rate Set 

175, as set forth below, is added to the 

table. 

Appendix B to Part 4022—Lump Sum 

Interest Rates for PBGC Payments 

* * * * * 

Rate set 

For plans with a 

valuation date Immediate 

annuity rate 

(percent) 

Deferred annuities 

(percent) 

On or after Before it i2 i3 n1 n2

* * * * * * * 

175 05–1–08 06–1–08 3.25 4.00 4.00 4.00 7 8 

■ 3. In appendix C to part 4022, Rate Set 

175, as set forth below, is added to the 

table. 

Appendix C to Part 4022—Lump Sum 

Interest Rates for Private-Sector 

Payments 

* * * * * 

Rate set 

For plans with a 

valuation date Immediate 

annuity rate 

(percent) 

Deferred annuities 

(percent) 

On or after Before i1 i2 i3 n1 n2

* * * * * * * 

175 05–1–08 06–1–08 3.25 4.00 4.00 4.00 7 8 


rfrederick on PROD1PC67 with RULES
20166 Federal Register / Vol. 73, No. 73 / Tuesday, April 15, 2008 / Rules and Regulations 

PART 4044—ALLOCATION OF 

ASSETS IN SINGLE-EMPLOYER 

PLANS 

■ 4. The authority citation for part 4044 

continues to read as follows: 

Authority: 29 U.S.C. 1301(a), 1302(b)(3), 

1341, 1344, 1362. 

■ 5. In appendix B to part 4044, a new 

entry for May 2008, 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 = 

* * * * * * * 

May 2008 .......................................................................... .0581 1–20 .0488 >20 N/A N/A 

Issued in Washington, DC, on this 7th day 

of April 2008. 

Vincent K. Snowbarger, 

Deputy Director, Pension Benefit Guaranty 

Corporation. 

[FR Doc. E8–7939 Filed 4–14–08; 8:45 am] 

BILLING CODE 7709–01–P 

DEPARTMENT OF THE INTERIOR 

Minerals Management Service 

30 CFR Part 250 

[Docket ID: MMS–2007–OMM–0060] 

RIN 1010–AD48 

Incorporate American Petroleum 

Institute Hurricane Bulletins 

AGENCY: Minerals Management Service 

(MMS), Interior. 

ACTION: Final rule. 

SUMMARY: The direct final rule will 

incorporate by reference three American 

Petroleum Institute hurricane bulletins 

into MMS’s regulations. The three 

bulletins supplement the American 

Petroleum Institute’s Recommended 

Practice 2A–WSD, Recommended 

Practice for Planning, Designing, and 

Constructing Fixed Offshore Platforms—

Working Stress Design, which contains 

engineering design principles and good 

practices for new platforms and 

assessments of existing platforms. These 

bulletins are needed to increase 

survivability during hurricane events by 

imposing more stringent design and 

assessment criteria for both new and 

existing structures located within 

particular Gulf of Mexico areas. By 

increasing survivability during 

hurricane conditions, fewer platforms 

will be damaged, thereby, protecting 

critical oil and gas resources and 

making those resources available after 

hurricane events. 

DATES: Effective Date: This rule becomes 

effective on May 15, 2008. The 

incorporation by reference of the 

publication listed in the regulation was 

approved by the Director of the Federal 

Register on May 15, 2008. 

FOR FURTHER INFORMATION CONTACT: Kirk 

Malstrom, Office of Offshore Regulatory 

Programs, Regulations and Standards 

Branch, at (703) 787–1751. 

SUPPLEMENTARY INFORMATION: 

Background 

After the 2004 and 2005 hurricane 

seasons, there was significant damage to 

the oil and gas infrastructure. There 

were 123 fixed structures destroyed, one 

floating facility destroyed, and 

significant damage to dozens of other 

fixed and floating structures. The 

offshore oil and gas industry operating 

in the Gulf of Mexico (GOM) realized 

that there was a disparity in the 

metocean criteria in American 

Petroleum Institute’s (API) 

Recommended Practice (RP) 2A–WSD, 

Recommended Practice for Planning, 

Designing, and Constructing Fixed 

Offshore Platforms—Working Stress 

Design, for the central GOM. The 

metocean criteria are the standards to 

which structures are designed and 

assessed to withstand certain 

meteorological events involving wind, 

wave, current, and surge. Following the 

2005 hurricane season, MMS, the API, 

and other industry representatives 

worked collectively to produce the API 

hurricane bulletins to increase the 

survivability of Outer Continental Shelf 

(OCS) structures during hurricanes. 

Each hurricane bulletin updates 

criteria contained within current MMS 

incorporated-by-reference API 

documents. The MMS will incorporate 

the following API Bulletins in § 250.901: 

• BULLETIN 2INT–MET, Interim 

Guidance on Hurricane Conditions in 

the Gulf of Mexico, updates hurricane 

metocean conditions (wind, wave, 

current, and surge) documented in 

Sections 2.3.4.c and 17.6.2.a of API RP 

2A–WSD. 

• BULLETIN 2INT–DG, Interim 

Guidance for Design of Offshore 

Structures for Hurricane Conditions, 

contains guidance on how to utilize the 

updated metocean conditions in 

Bulletin 2INT–MET for designing new 

offshore structures required in the 

following API design documents: RP 

2A–WSD; RP 2FPS, Recommended 

Practice for Planning, Designing and 

Constructing Floating Production 

Systems; RP 2RD, Design of Risers for 

Floating Production Systems and 

Tension-Leg Platforms; RP 2SK, Design 

and Analysis of Stationkeeping Systems 

for Floating Structures; RP 2T, Planning 

Designing and Constructing Tension Leg 

Platforms; and BULLETIN 2TD, 

Guidelines for Tie-downs on Offshore 

Production Facilities for Hurricane 

Season. 

• BULLETIN 2INT–EX, Interim 

Guidance for Assessment of Existing 

Offshore Structures for Hurricane 

Conditions, gives guidance on how to 

utilize the updated metocean conditions 

in Bulletin 2INT–MET for the 

assessment of existing offshore 

structures required in the following API 

design documents: RP 2A–WSD; RP 

2FPS; RP 2RD; RP 2SK; RP 2T; and 

BULLETIN 2TD. 

You may inspect these bulletins at the 

Minerals Management Service, 381 

Elden Steet, Room 3313, Herndon, 

Virginia; or at the National Archives and 

Records Administration. You may 

obtain these bulletins from API, 1220 L 

Street, NW., Washington, DC. 

The MMS uses standards, 

specifications, and recommended 

practices developed by standard-setting 

organizations and the oil and gas 

industry as a means of establishing 

requirements for activities on the OCS. 

This practice, known as incorporation 

by reference, allows us to incorporate 

the provisions of technical standards 

into the regulations. The legal effect of 

incorporation by reference is the 

material is treated as if the entire 

document were published in the 

Federal Register. This material, like any 

other properly issued regulation, has the 

force and effect of law. We hold 

operators/lessees accountable for 

complying with the documents 


rfrederick on PROD1PC67 with RULES