Federal Register / Vol. 78, No. 10 / Tuesday, January 15, 2013 / Rules and Regulations 2881 

*This fee has not been changed. 

1Appendix B to PBGC’s regulation on Allocation 

of Assets in Single-Employer Plans (29 CFR part 

4044) prescribes interest assumptions for valuing 

benefits under terminating covered single-employer 

plans for purposes of allocation of assets under 

ERISA section 4044. Those assumptions are 

updated quarterly. 

AMOUNT IN CONTROVERSY— 

Continued 

$10,000–29,999. (18 CFR 

381.303(b)) .............................. 600 

$30,000 or more. (18 CFR 

381.303(a)) .............................. 35,580 

3. Review of a Department of Energy 

denial of adjustment: 

AMOUNT IN CONTROVERSY

$0–9,999. (18 CFR 381.304(b)) $100 

$10,000–29,999. (18 CFR 

381.304(b)) .............................. 600 

$30,000 or more. (18 CFR 

381.304(a)) .............................. 18,650 

4. Written legal interpretations 

by the Office of General 

Counsel. (18 CFR 381.305(a)) $6,990 

Fees Applicable to Natural Gas 

Pipelines 

1. Pipeline certificate applications pursuant to 18 CFR 

284.224. (18 CFR 381.207(b)) * $1,000 

Fees Applicable to Cogenerators and 

Small Power Producers 

1. Certification of qualifying 

status as a small power production facility. (18 CFR 

381.505(a)) .............................. $20,960 

2. Certification of qualifying 

status as a cogeneration facility. (18 CFR 381.505(a)) ......... $23,720 

List of Subjects in 18 CFR Part 381 

Electric power plants,Electric utilities, 

Natural gas, Reporting and 

recordkeeping requirements. 

Anton Porter, 

Executive Director. 

In consideration of the foregoing, the 

Commission amends Part 381, Chapter I, 

Title 18, Code of Federal Regulations, as 

set forth below. 

PART 381—FEES 

■ 1. The authority citation for Part 381 

continues to read as follows: 

Authority: 15 U.S.C. 717–717w; 16 U.S.C. 

791–828c, 2601–2645; 31 U.S.C. 9701; 42 

U.S.C. 7101–7352; 49 U.S.C. 60502; 49 App. 

U.S.C. 1–85. 

§ 381.302 [Amended] 

■ 2. In 381.302, paragraph (a) is 

amended by removing ‘‘$24,860’’ and 

adding ‘‘$24,370’’ in its place. 

§ 381.303 [Amended] 

■ 3. In 381.303, paragraph (a) is 

amended by removing ‘‘$36,290’’ and 

adding ‘‘$35,580’’ in its place. 

§ 381.304 [Amended] 

■ 4. In 381.304, paragraph (a) is 

amended by removing ‘‘$19,030’’ and 

adding ‘‘$18,650’’ in its place. 

§ 381.305 [Amended] 

■ 5. In 381.305, paragraph (a) is 

amended by removing ‘‘$7,130’’ and 

adding ‘‘$6,990’’ in its place. 

§ 381.403 [Amended] 

■ 6. Section 381.403 is amended by 

removing ‘‘$12,370’’ and adding 

‘‘$12,130’’ in its place. 

§ 381.505 [Amended] 

■ 7. In 381.505, paragraph (a) is 

amended by removing ‘‘$21,380’’ and 

adding ‘‘$20,960’’ in its place and by 

removing ‘‘$24,200’’ and adding 

‘‘$23,720’’ in its place. 

[FR Doc. 2013–00590 Filed 1–14–13; 8:45 am] 

BILLING CODE 6717–01–P 

PENSION BENEFIT GUARANTY 

CORPORATION 

29 CFR Part 4022 

Benefits Payable in Terminated SingleEmployer Plans; Interest Assumptions 

for Paying Benefits 

AGENCY: Pension Benefit Guaranty 

Corporation. 

ACTION: Final rule. 

SUMMARY: This final rule amends the 

Pension Benefit Guaranty Corporation’s 

regulation on Benefits Payable in 

Terminated Single-Employer Plans to 

prescribe interest assumptions under 

the regulation for valuation dates in 

February 2013. The interest 

assumptions are used for paying 

benefits under terminating singleemployer plans covered by the pension 

insurance system administered by 

PBGC. 

DATES: Effective February 1, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Catherine B. Klion 

(Klion.Catherine@pbgc.gov), Assistant 

General Counsel for Regulatory Affairs, 

Pension Benefit Guaranty Corporation, 

1200 K Street NW., Washington, DC 

20005, 202–326–4024. (TTY/TDD users 

may call the Federal relay service tollfree at 1–800–877–8339 and ask to be 

connected to 202–326–4024.) 

SUPPLEMENTARY INFORMATION: PBGC’s 

regulation on Benefits Payable in 

Terminated Single-Employer Plans (29 

CFR part 4022) prescribes actuarial 

assumptions—including interest 

assumptions—for paying 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). 

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 benefit 

payments regulation are updated 

monthly. This final rule updates the 

benefit payments interest assumptions 

for February 2013.1

The February 2013, 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 January 2013, 

these interest assumptions are 

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 payment of 

benefits under plans with valuation 

dates during February 2013, 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). 


wreier-aviles on DSK5TPTVN1PROD with 
2882 Federal Register / Vol. 78, No. 10 / Tuesday, January 15, 2013 / Rules and Regulations 

List of Subjects in 29 CFR Part 4022 

Employee benefit plans, Pension 

insurance, Pensions, Reporting and 

recordkeeping requirements. 

In consideration of the foregoing, 29 

CFR part 4022 is 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 

232 is added to the table to read as 

follows: 

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

*******

232 2–1–13 3–1–13 0.75 4.00 4.00 4.00 7 8 

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

232 is added to the table to read as 

follows: 

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

*******

232 2–1–12 3–1–13 0.75 4.00 4.00 4.00 7 8 

Issued in Washington, DC, on this 8th day 

of January 2013. 

Laricke Blanchard, 

Deputy Director for Policy, Pension Benefit 

Guaranty Corporation. 

[FR Doc. 2013–00632 Filed 1–14–13; 8:45 am] 

BILLING CODE 7709–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–HQ–OAR–2012–0943, FRL–9769–4] 

RIN 2060 

Findings of Failure To Submit a 

Complete State Implementation Plan 

for Section 110(a) Pertaining to the 

2008 Ozone National Ambient Air 

Quality Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The EPA is finding that 28 

states, the District of Columbia and the 

Commonwealth of Puerto Rico have not 

made complete state implementation 

plan (SIP) submissions to address 

certain SIP elements, as required by the 

Clean Air Act (CAA). Specifically, the 

EPA is determining that these states 

have not submitted complete SIPs that 

provide the basic CAA program 

elements as necessary to implement the 

2008 8-hour ozone national ambient air 

quality standards (NAAQS). The EPA 

refers to these SIP submissions as 

‘‘infrastructure’’ SIPs. By this action, the 

EPA is identifying states that either have 

not made any submission to address the 

applicable elements or have made a 

complete submission to address some 

applicable elements but did not make a 

complete submission for other 

applicable elements. The EPA 

recognizes that its efforts to reconsider 

the 2008 8-hour ozone NAAQS delayed 

and complicated the efforts of some 

states to develop and submit these 

infrastructure SIPs, but at this time the 

EPA is nevertheless required by court 

order to make these findings. These 

findings of failure to submit establish a 

24-month deadline for the EPA to 

promulgate federal implementation 

plans (FIPs) to address the outstanding 

SIP elements unless, prior to that time, 

the affected states submit and the EPA 

approves, a SIP that corrects the 

deficiency. 

DATES: The effective date of this rule is 

February 14, 2013. 

FOR FURTHER INFORMATION CONTACT: 

General questions concerning this 

notice should be addressed to Dr. Karl 

Pepple: telephone (919) 541–2683, 

email pepple.karl@epa.gov; or Mr. Lynn 

Dail: telephone (919) 541–2363, email 

dail.lynn@epa.gov, Office of Air Quality 

Planning and Standards, Air Quality 

Policy Division, Mail Code C539–02, 

109 TW Alexander Drive, Research 

Triangle Park, NC 27709. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Notice and Comment Under the 

Administrative Procedure Act (APA) 

Section 553 of the APA, 5 U.S.C. 

553(b)(B), provides that, when an 

agency for good cause finds that notice 

and public procedure are impracticable, 

unnecessary, or contrary to the public 

interest, the agency may issue a rule 

without providing notice and an 

opportunity for public comment. The 

EPA has determined that there is good 

cause for making this rule final without 

prior proposal and opportunity for 

comment because no significant EPA 

judgment is involved in making a 

finding of failure to submit SIPs, or 

elements of SIPs, required by the CAA, 

where states have made no submissions, 

or incomplete submissions, to meet the 

requirement. Thus, notice and public 

procedure are unnecessary. The EPA 

finds that this constitutes good cause 

under 5 U.S.C. 553(b)(B). 


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