Federal Register / Vol. 71, No. 93 / Monday, May 15, 2006 / Rules and Regulations 27959 

Zoalene in grams per ton Combination in 

grams per ton Indications for use Limitations 

(ii) 113.5 (0.0125%). * * * * * *

* 

Bacitracin 100 

to 500 

* * * * *

Bambermycins 

1 

Broiler chickens: As an aid in the prevention and control of coccidiosis; 

and for increased rate of weight gain 

and improved feed efficiency. 

Feed continuously as sole ration. Do 

not feed to chickens over 14 weeks 

of age. Bambermycins as provided 

by No. 016592 in § 510.600(c) of this 

chapter. 

Bambermycins 

1 plus 

roxarsone 

22.7 

Broiler chickens: As an aid in the prevention and control of coccidiosis; 

and for increased rate of weight gain 

and improved feed efficiency. 

Feed continuously as sole ration. Do 

not feed to chickens over 14 weeks 

of age; feed as sole source of organic arsenic; withdraw 5 days before slaughter. Bambermycins as 

provided by No. 016592, roxarsone 

by No. 046573 in § 510.600(c) of this 

chapter. 

* * * * * * * 

(2) Zoalene may also be used in 

combination with roxarsone as in 

§ 558.530. 

Dated: May 3, 2006. 

Steven D. Vaughn, 

Director, Office of New Animal Drug 

Evaluation, Center for Veterinary Medicine. 

[FR Doc. 06–4505 Filed 5–12–06; 8:45 am] 

BILLING CODE 4160–01–S 

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 June 2006. Interest assumptions 

are also published on the PBGC’s Web 

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

DATES: Effective June 1, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Catherine B. Klion, Attorney, Legislative 

and Regulatory Department, Pension 

Benefit Guaranty Corporation, 1200 K 

Street, 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 June 2006, (2) adds to appendix 

B to part 4022 the interest assumptions 

for the PBGC to use for its own lumpsum payments in plans with valuation 

dates during June 2006, 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 

June 2006. 

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 6.20 percent for 

the first 20 years following the valuation 

date and 4.75 percent thereafter. These 

interest assumptions represent an 

increase (from those in effect for May 

2006) of 0.30 percent for the first 20 

years following the valuation date and 

are otherwise unchanged. These interest 

assumptions reflect the PBGC’s recently 

updated mortality assumptions, which 

are effective for terminations on or after 

January 1, 2006. See the PBGC’s final 

rule published December 2, 2005 (70 FR 

72205), which is available at http:// 

www.pbgc.gov/docs/05-23554.pdf. 

Because the updated mortality 

assumptions reflect improvements in 

mortality, these interest assumptions are 

higher than they would have been using 

the old mortality assumptions. 

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 an increase (from those in 

effect for May 2006) of 0.25 percent for 

the period during which a benefit is in 

pay status and are otherwise unchanged. 

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 


dsatterwhite on PROD1PC76 with RULES
27960 Federal Register / Vol. 71, No. 93 / Monday, May 15, 2006 / Rules and Regulations 

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 June 2006, 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. 

Appendix B—[Amended] 

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

152, 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 annuity 

(percent) 

On or after Before i1 i2 i3 n1 n2

*******

152 6–1–06 7–1–06 3.25 4.00 4.00 4.00 7 8 

Appendix C—[Amended] 

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

152, 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

*******

152 6–1–06 7–1–06 3.25 4.00 4.00 4.00 7 8 

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. 

Appendix B—[Amended] 

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

entry for June 2006, 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 = 

*******

June 2006 ......................................................................... .0620 1–20 .0475 >20 N/A N/A 


dsatterwhite on PROD1PC76 with RULES
Federal Register / Vol. 71, No. 93 / Monday, May 15, 2006 / Rules and Regulations 27961 

Issued in Washington, DC, on this 9th day 

of May 2006. 

Vincent K. Snowbarger, 

Deputy Executive Director, Pension Benefit 

Guaranty Corporation. 

[FR Doc. 06–4489 Filed 5–12–06; 8:45 am] 

BILLING CODE 7709–01–P 

DEPARTMENT OF DEFENSE 

Department of the Army 

32 CFR Part 635 

RIN 0702–AA52–U 

Law Enforcement Reporting 

AGENCY: Department of the Army, DoD. 

ACTION: Final rule. 

SUMMARY: The Department of the Army 

is publishing our rule concerning law 

enforcement reporting, to implement 

portions of Section 577(b)(5) of the 

Ronald W. Reagan National Defense 

Authorization Act for Fiscal Year 2005, 

October 28, 2004, Public Law 108–375, 

pertaining to reporting of sexual 

assaults. This rule also implements 

Department of Defense policy 

concerning sexual assault. 

DATES: Effective Date: June 14, 2006. 

ADDRESSES: Headquarters, Department 

of the Army, Office of the Provost 

Marshal General, ATTN: DAPM–MPD–

LE, 2800 Army Pentagon, Washington, 

DC 20310–2800. 

FOR FURTHER INFORMATION CONTACT: 

James Crumley, (703) 692–6721. 

SUPPLEMENTARY INFORMATION: 

A. Background 

In the December 9, 2005 issue of the 

Federal Register (70 FR 73181) the 

Department of the Army published a 

proposed rule, amending 32 CFR part 

635. This final rule amends 32 CFR part 

635 to implement portions of Section 

577(b)(5) of the Ronald W. Reagan 

National Defense Authorization Act for 

Fiscal Year 2005, October 28, 2004, 

Public Law 108–375, pertaining to 

reporting of sexual assaults. This 

revision also implements Department of 

Defense policy concerning sexual 

assault. The Department of the Army 

received no responses to the proposed 

rule. 

B. Regulatory Flexibility Act 

The Department of the Army has 

determined that the Regulatory 

Flexibility Act does not apply because 

the rule does not have a significant 

economic impact on a substantial 

number of small entities within the 

meaning of the Regulatory Flexibility 

Act, 5 U.S.C. 601–612. 

C. Unfunded Mandates Reform Act 

The Department of the Army has 

determined that the Unfunded 

Mandates Reform Act does not apply 

because the rule does not include a 

mandate that may result in estimated 

costs to State, local or tribal 

governments in the aggregate, or the 

private sector, of $100 million or more. 

D. National Environmental Policy Act 

The Department of the Army has 

determined that the National 

Environmental Policy Act does not 

apply because the rule does not have an 

adverse impact on the environment. 

E. Paperwork Reduction Act 

The Department of the Army has 

determined that the Paperwork 

Reduction Act does not apply because 

the rule does not involve collection of 

information from the public. 

F. Executive Order 12630 (Government 

Actions and Interference With 

Constitutionally Protected Property 

Rights) 

The Department of the Army has 

determined that Executive Order 12630 

does not apply because the rule does not 

impair private property rights. 

G. Executive Order 12866 (Regulatory 

Planning and Review) 

The Department of the Army has 

determined that according to the criteria 

defined in Executive Order 12866 this 

rule is not a significant regulatory 

action. As such, the rule is not subject 

to Office of Management and Budget 

review under section 6(a)(3) of the 

Executive Order. 

H. Executive Order 13045 (Protection of 

Children From Environmental Health 

Risk and Safety Risks) 

The Department of the Army has 

determined that according to the criteria 

defined in Executive Order 13045 this 

rule does not apply. 

I. Executive Order 13132 (Federalism) 

The Department of the Army has 

determined that according to the criteria 

defined in Executive Order 13132 this 

rule does not apply because it will not 

have a substantial effect 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. 

Mark Darden, 

Chief, Law Enforcement Policy Branch. 

List of Subjects in 32 CFR Part 635 

Crime, Law, Law enforcement, Law 

enforcement officers, Military law. 

■ For reasons stated in the preamble the 

Department of the Army amends 32 CFR 

part 635 to read as follows: 

PART 635—LAW ENFORCEMENT 

REPORTING 

■ 1. The authority citation for part 635 

continues to read as follows: 

Authority: 28 U.S.C. 534 note, 42 U.S.C. 

10601, 18 U.S.C. 922, 42 U.S.C. 14071, 10 

U.S.C. 1562, 10 U.S.C. Chap. 47, Pub. L. 108–

375. 

§§ 635.33 through 635.36 [Redesignated as 

§§ 635.34 through 635.37] 

■ 2. Redesignate §§ 625.33 through 

635.36 as §§ 635.34 through 635.37, 

respectively. 

§§ 635.31 and 635.32 [Redesignated as 

§§ 635.32 and 635.33] 

■ 3. Redesignate §§ 635.31 and 635.32 

as §§ 635.32 and 635.33, respectively. 

■ 4. A new § 635.31 is added to Subpart 

D to read as follows: 

§ 635.31 Procedures for Restricted/ 

Unrestricted Reporting in Sexual Assault 

Cases. 

Active duty Soldiers, and Army 

National Guard and U.S. Army Reserve 

Soldiers who are subject to military 

jurisdiction under the UCMJ, can elect 

either restricted or unrestricted 

reporting if they are the victim of a 

sexual assault. 

(a) Unrestricted Reporting. 

Unrestricted reporting requires normal 

law enforcement reporting and 

investigative procedures. 

(b) Restricted reporting requires that 

law enforcement and criminal 

investigative organizations not be 

informed of a victim’s identity and not 

initiate investigative procedures. The 

victim may allow Sexual Assault 

Response Coordinators (SARC), health 

care providers (HCP), or chaplains to 

collect specific items (clothing, bedding, 

etc.) that may be later used as evidence, 

should the victim later decide to report 

the incident to law enforcement. In 

sexual assault cases additional forensic 

evidence may be collected using the 

‘‘Sexual Assault Evidence Collection 

Kit,’’ NSN 6640–01–423–9132, or a 

suitable substitute (hereafter, ‘‘evidence 

kit’’). The evidence kit, other items such 

as clothing or bedding sheets, and any 

other articles provided by the HCP, 

SARC, or chaplain will be stored in the 

installation provost marshal’s evidence 

room separate from other evidence and 

property. Procedures for handling 

evidence specified in AR 195–5, 

Evidence Procedures, will be strictly 

followed. 

(c) Installation Provost Marshals will 

complete an information report in COPS 


dsatterwhite on PROD1PC76 with RULES