Federal Register / Vol. 82, No. 178 / Friday, September 15, 2017 / Rules and Regulations 43299 

shipments of Washington apricots. After 

an open discussion with growers, 

handlers, and industry personnel, the 

Committee established a crop estimate 

for the 2017–2018 fiscal period of 6,000 

tons. The Committee considered the 

crop estimate, the recommended 2017– 

2018 fiscal period expenses, and the 

Committee’s financial reserve when it 

recommended the assessment rate 

decrease. 

Prior to arriving at this budget and 

assessment rate, the Committee 

considered information from various 

sources, such as a presentation from 

representatives of the Washington Stone 

Fruit Commission and comments from 

other industry participants. Alternative 

expenditure levels and assessment rates 

were discussed by these groups, based 

upon the relative value of various 

activities to the apricot industry. The 

Committee ultimately determined that 

the recommended budget was 

appropriate and that assessments at 

$1.00 per ton, along with interest 

income and the authorized reserve fund, 

would generate sufficient revenue to 

meet those budgeted expenses. 

A review of historical information and 

preliminary information pertaining to 

the upcoming fiscal period indicates 

that the grower price for the 2017–2018 

season could range between $800 and 

$1,600 per ton of apricots. Therefore, 

the estimated assessment revenue for 

the 2017–2018 fiscal period as a 

percentage of total grower revenue 

could range between 0.06 and 0.13 

percent. 

This action decreases the assessment 

obligation imposed on handlers. 

Assessments are applied uniformly on 

all handlers, and some of the costs may 

be passed on to growers. However, 

decreasing the assessment rate reduces 

the burden on handlers, and may reduce 

the burden on growers. In addition, the 

Committee’s meeting was widely 

publicized throughout the Washington 

apricot industry and all interested 

persons were invited to attend the 

meeting and participate in Committee 

deliberations on all issues. Like all 

Committee meetings, the May 3, 2017, 

meeting was a public meeting and all 

entities, both large and small, were able 

to express views on this issue. Finally, 

interested persons are invited to submit 

comments on this interim rule, 

including the regulatory and 

informational impacts of this action on 

small businesses. 

In accordance with the Paperwork 

Reduction Act of 1995, (44 U.S.C. 

Chapter 35), the order’s information 

collection requirements have been 

previously approved by OMB and 

assigned OMB No. 0581–0178; 

Vegetable and Specialty Crops. No 

changes in those requirements as a 

result of this action are necessary. 

Should any changes become necessary, 

they would be submitted to OMB for 

approval. 

This action imposes no additional 

reporting or recordkeeping requirements 

on either small or large Washington 

apricot handlers. As with all Federal 

marketing order programs, reports and 

forms are periodically reviewed to 

reduce information requirements and 

duplication by industry and public 

sector agencies. 

AMS is committed to complying with 

the E-Government Act, to promote the 

use of the internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

USDA has not identified any relevant 

Federal rules that duplicate, overlap, or 

conflict with this rule. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: http://www.ams.usda.gov/ 

rules-regulations/moa/small-businesses. 

Any questions about the compliance 

guide should be sent to Richard Lower 

at the previously mentioned address in 

the FOR FURTHER INFORMATION CONTACT

section. 

After consideration of all relevant 

material presented, including the 

information and recommendation 

submitted by the Committee and other 

available information, it is hereby found 

that this rule, as hereinafter set forth, 

will tend to effectuate the declared 

policy of the Act. 

Pursuant to 5 U.S.C. 553, it is also 

found and determined upon good cause 

that it is impracticable, unnecessary, 

and contrary to the public interest to 

give preliminary notice prior to putting 

this rule into effect, and that good cause 

exists for not postponing the effective 

date of this rule until 30 days after 

publication in the Federal Register 

because: (1) This action decreases the 

assessment rate for assessable apricots 

beginning with the 2017–2018 fiscal 

period; (2) handlers are aware of this 

action which was unanimously 

recommended by the Committee at a 

public meeting and is similar to other 

assessment rate actions issued in past 

years; and (3) this interim rule provides 

a 60-day comment period, and all 

comments timely received will be 

considered prior to finalization of this 

rule. 

List of Subjects in 7 CFR Part 922 

Apricots, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 922 is amended as 

follows: 

PART 922—APRICOTS GROWN IN 

DESIGNATED COUNTIES IN 

WASHINGTON 

■ 1. The authority citation for part 922 

continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Section 922.235 is revised to read 

as follows: 

§ 922.235 Assessment rate. 

On and after April 1, 2017, an 

assessment rate of $1.00 per ton is 

established for Washington apricots 

handled in the production area. 

Dated: September 11, 2017. 

Bruce Summers, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2017–19553 Filed 9–14–17; 8:45 am] 

BILLING CODE 3410–02–P 

PENSION BENEFIT GUARANTY 

CORPORATION 

29 CFR Parts 4022 and 4044 

Allocation of Assets in SingleEmployer Plans; Benefits Payable in 

Terminated Single-Employer Plans; 

Interest Assumptions for Valuing and 

Paying Benefits 

AGENCY: Pension Benefit Guaranty 

Corporation. 

ACTION: Final rule. 

SUMMARY: This final rule amends the 

Pension Benefit Guaranty Corporation’s 

regulations on Benefits Payable in 

Terminated Single-Employer Plans and 

Allocation of Assets in Single-Employer 

Plans to prescribe interest assumptions 

under the benefit payments regulation 

for valuation dates in October 2017 and 

interest assumptions under the asset 

allocation regulation for valuation dates 

in the fourth quarter of 2017. The 

interest assumptions are used for 

valuing and paying benefits under 

terminating single-employer plans 

covered by the pension insurance 

system administered by PBGC. 

DATES: Effective October 1, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Daniel S. Liebman (Liebman.daniel@

PBGC.gov), Acting Assistant General 

Counsel for Regulatory Affairs, Pension 

Benefit Guaranty Corporation, 1200 K 

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43300 Federal Register / Vol. 82, No. 178 / Friday, September 15, 2017 / Rules and Regulations 

Street NW., Washington, DC 20005, 

202–326–4400 ext. 6510. (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. 

6510.) 

SUPPLEMENTARY INFORMATION: PBGC’s 

regulations on Allocation of Assets in 

Single-Employer Plans (29 CFR part 

4044) and Benefits Payable in 

Terminated Single-Employer Plans (29 

CFR part 4022) prescribe actuarial 

assumptions—including interest 

assumptions—for valuing and paying 

plan benefits under terminating singleemployer plans covered by title IV of 

the Employee Retirement Income 

Security Act of 1974. The interest 

assumptions in the regulations 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. PBGC uses the interest 

assumptions in Appendix B to Part 4022 

to determine whether a benefit is 

payable as a lump sum and to determine 

the amount to pay. Appendix C to Part 

4022 contains interest assumptions for 

private-sector pension practitioners to 

refer to if they wish to use lump-sum 

interest rates determined using PBGC’s 

historical methodology. Currently, the 

rates in Appendices B and C of the 

benefit payment regulation are the same. 

The interest assumptions are intended 

to reflect current conditions in the 

financial and annuity markets. 

Assumptions under the asset allocation 

regulation are updated quarterly; 

assumptions under the benefit payments 

regulation are updated monthly. This 

final rule updates the benefit payments 

interest assumptions for October 2017 

and updates the asset allocation interest 

assumptions for the fourth quarter 

(October through December) of 2017. 

The fourth quarter 2017 interest 

assumptions under the allocation 

regulation will be 2.34 percent for the 

first 20 years following the valuation 

date and 2.63 percent thereafter. In 

comparison with the interest 

assumptions in effect for the third 

quarter of 2017, these interest 

assumptions represent no change in the 

select period (the period during which 

the select rate, the initial rate, applies), 

a decrease of 0.10 percent in the select 

rate, and a decrease of 0.11 percent in 

the ultimate rate, the final rate. 

The October 2017 interest 

assumptions under the benefit payments 

regulation will be 0.75 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. In comparison with the interest 

assumptions in effect for September 

2017, these interest assumptions 

represent a 0.25 percent decrease in the 

immediate rate and are otherwise 

unchanged. 

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 under plans 

with valuation dates during October 

2017, PBGC finds that good cause exists 

for 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 

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 

288, 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 i1 i2 i3 n1 n2

*******

288 10–1–17 11–1–17 0.75 4.00 4.00 4.00 7 8 

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

288, 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

*******

288 10–1–17 11–1–17 0.75 4.00 4.00 4.00 7 8 

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Federal Register / Vol. 82, No. 178 / Friday, September 15, 2017 / Rules and Regulations 43301 

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 October–December 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 months— 

The values of it are: 

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

*******

October–December 2017 ................................................. 0.0234 1–20 0.0263 >20 N/A N/A 

Issued in Washington, DC. 

Daniel S. Liebman, 

Acting Assistant General Counsel for 

Regulatory Affairs, Pension Benefit Guaranty 

Corporation. 

[FR Doc. 2017–19525 Filed 9–14–17; 8:45 am] 

BILLING CODE 7709–02–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2017–0786] 

RIN 1625–AA00 

Safety Zone; Tombigbee River, 

Demopolis, AL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all navigable waters of the Tombigbee 

River from mile marker (MM) 215.5 to 

MM 216.5, near Demopolis, AL. This 

action is necessary to protect persons 

and property on navigable waters during 

a fireworks display taking place on or 

over the waterway. Entry into or 

transiting in this zone is prohibited to 

all vessels, mariners, and persons unless 

specifically authorized by the Captain of 

the Port Sector Mobile (COTP) or a 

designated representative. 

DATES: This rule is effective from 8 p.m. 

through 10 p.m. on September 16, 2017. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2017– 

0786 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 on this rule, call or 

email LT Kyle D. Berry, Sector Mobile, 

Waterways Management Division, U.S. 

Coast Guard; telephone 251–441–5940, 

email Kyle.D.Berry@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Acronyms 

CFR Code of Federal Regulations 

COTP Captain of the Port Sector Mobile 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary final 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)(3)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because it is 

impracticable. It is impracticable to 

publish an NPRM because we must 

establish this safety zone by September 

16, 2017 and lack sufficient time to 

provide a reasonable comment period 

and then consider those comments 

before issuing the rule. 

We are issuing this rule, and under 5 

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

that good cause exists for making this 

rule effective less than 30 days after 

publication in the Federal Register. 

Delaying the effective date to provide a 

full 30 days’ notice is contrary to public 

interest because immediate action is 

needed to protect persons and vessels 

from safety hazards associated with the 

fireworks display over this navigable 

waterway. 

III. Legal Authority and Need for Rule 

The legal basis and authorities for this 

rule are found in 33 U.S.C. 1231. The 

Marengo County Historical Society 

plans to conduct a fireworks display 

launched from shore on the Tombigbee 

River located near mile marker (MM) 

216.0, in Demopolis, AL on September 

16, 2017. Therefore, the Coast Guard has 

determined that a safety zone is needed 

to protect the public, mariners, and 

vessels from the potential hazards 

associated with a barge-based fireworks 

display on and over the waterway. 

IV. Discussion of the Rule 

The Coast Guard is establishing a 

temporary safety zone encompassing all 

waters extending the entire width of the 

Tombigbee River from MM 215.5 to MM 

216.5, near Demopolis, AL from 8 p.m. 

through 10 p.m. on September 16, 2017. 

The location and duration of this safety 

zone is intended to protect persons and 

vessels during the fireworks display 

taking place over this navigable 

waterway. No person or vessel will be 

permitted to enter or transit within the 

safety zone, unless specifically 

authorized by the Captain of the Port 

Sector Mobile (COTP) or a designated 

representative. The COTP may be 

contacted by telephone at 251–441– 

5976. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

Executive Order 13771 directs agencies 

to control regulatory costs through a 

budgeting process. This rule has not 

been designated a ‘‘significant 

regulatory action,’’ under Executive 

Order 12866. Accordingly, this rule has 

not been reviewed by the Office of 

Management and Budget (OMB), and 

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