Federal Register / Vol. 83, No. 94 / Tuesday, May 15, 2018 / Rules and Regulations 22387 

(A) Paragraph (b) of § 32.6; or 

(B) The Act, at 34 U.S.C. 10281(f). 

* * * * * 

§ 32.34 [Amended] 

■ 24. In paragraph (c) of § 32.34, remove 

‘‘abandoned.’’ and add in its place 

‘‘abandoned, as though never filed.’’ 

§ 32.36 [Amended] 

■ 25. In paragraph (a) of § 32.36, remove 

‘‘42 U.S.C. 3796d–1(a)(2),’’ and add in 

its place ‘‘34 U.S.C. 10302(a)(2),’’. 

§ 32.43 [Amended] 

■ 26. In paragraph (a) of § 32.43, remove 

‘‘42 U.S.C. 3787’’ and add in its place 

‘‘34 U.S.C. 10225’’. 

■ 27. Revise paragraph (b) of § 32.44 to 

read as follows: 

§ 32.44 Hearing Officer determination. 

* * * * * 

(b) Upon a Hearing Officer’s 

approving or denying a claim, the PSOB 

Office shall serve notice of the same 

simultaneously upon the claimant (and 

upon any other claimant who may have 

filed a claim with respect to the same 

public safety officer). Such notice 

shall— 

(1) Specify the Hearing Officer’s 

factual findings and legal conclusions 

that support it; and 

(2) In the event of a denial, provide 

information as to Director appeals. 

* * * * * 

■ 28. Amend § 32.45 as follows: 

■ a. In paragraph (d)(1), remove ‘‘; and’’. 

■ b. In paragraph (d)(2), remove the 

period and add in its place ‘‘; and’’. 

■ c. Add paragraph (d)(3). 

The addition reads as follows: 

§ 32.45 Hearings. 

* * * * * 

(d) * * * 

(3) Shall (unless the Director should 

direct or allow otherwise) be the only 

individual (other than the claimant’s 

representative, if any) who may examine 

the claimant. 

* * * * * 

§ 32.51 [Amended] 

■ 29. In § 32.51, remove ‘‘42 U.S.C. 

3796c–1’’ and add in its place ‘‘34 

U.S.C. 10286’’. 

§ 32.52 [Amended] 

■ 30. In paragraph (b) of § 32.52, remove 

‘‘nonphysical’’ and add in its place 

‘‘non-physical’’. 

■ 31. Effective June 14, 2018, amend 

§ 32.53 as follows: 

■ a. In paragraph (b)(2), remove ‘‘42 

U.S.C. 3796c–1’’ and add in its place 

‘‘34 U.S.C. 10286’’. 

■ b. Add paragraph (d). 

The addition reads as follows: 

§ 32.53 Review. 

* * * * * 

(d) The Director may reconsider a 

claim under subparts B or C of this part 

that has been denied in a final agency 

determination if— 

(1) The public safety officer was a 

WTC responder; 

(2) The claim was based on the 

allegation that— 

(i) The WTC responder sustained an 

injury that was the direct and proximate 

cause of his death or of his permanent 

and total disability; and 

(ii) The WTC responder’s injury was 

sustained in the course of performance 

of line of duty activity or a line of duty 

action that exposed him to airborne 

toxins, other hazards, or other adverse 

conditions resulting from the September 

11, 2001, attacks; 

(3) The sole ground of the denial was 

that the claim did not establish that— 

(i) The WTC responder sustained an 

injury in the course of performance of 

line of duty activity or a line of duty 

action; or 

(ii) The injury allegedly sustained by 

the WTC responder was the direct and 

proximate cause of his death or 

permanent and total disability; 

(4) The alleged injury on which the 

claim was based is a WTC-related health 

condition; and 

(5) The claimant files with the PSOB 

Office a motion for such reconsideration 

before the later of— 

(i) Two years after the earlier of— 

(A) The date on which the WTCrelated physical health condition, if any, 

is determined by the September 11th 

Victim Compensation Fund, for the 

WTC responder, to meet the definition 

at section 104.2(i) of this title (as in 

effect on January 17, 2017); or 

(B) The date on which the WTCrelated health condition, if any, is 

certified, for the WTC responder, under 

(as applicable) 42 U.S.C. 300mm– 

22(b)(1)(B)(ii) or 42 U.S.C. 300mm– 

22(b)(2)(A)(ii); or 

(ii) June 14, 2020. 

■ 32. Effective June 14, 2020, revise 

paragraph (d)(5) of § 32.53, to read as 

follows: 

§ 32.53 Review. 

* * * * * 

(d) * * * 

(5) The claimant files with the PSOB 

Office a motion for such reconsideration 

before the earlier of two year— 

(i) The date on which the WTCrelated physical health condition, if any, 

is determined by the September 11th 

Victim Compensation Fund, for the 

WTC responder, to meet the definition 

at section 104.2(i) of this title (as in 

effect on January 17, 2017); or 

(ii) The date on which the WTCrelated health condition, if any, is 

certified, for the WTC responder, (as 

applicable) 42 U.S.C. 300mm– 

22(b)(1)(B)(ii) or 42 U.S.C. 300mm– 

22(b)(2)(A)(ii). 

■ 33. Amend § 32.54 as follows: 

■ a. Revise paragraph (a). 

■ b. In paragraph (c) introductory text, 

remove ‘‘may—’’ and add in its place 

‘‘may (among other things)—’’. 

The revision reads as follows: 

§ 32.54 Director determination. 

(a) Upon the Director’s approving or 

denying a claim, the PSOB Office shall 

serve notice of the same simultaneously 

upon the claimant (and upon any other 

claimant who may have filed a claim 

with respect to the same public safety 

officer), and upon any Hearing Officer 

who made a determination with respect 

to the claim. Such notice shall— 

(1) Specify the factual findings and 

legal conclusions that support it; and 

(2) In the event of a denial, provide 

information as to judicial appeals. 

* * * * * 

■ 34. Revise § 32.55 to read as follows: 

§ 32.55 Judicial appeal. 

Consistent with § 32.8, no 

administrative action other than an 

approval or denial described in 

§ 32.54(a) shall constitute a final agency 

determination for purposes of the Act, at 

34 U.S.C. 10287. 

Dated May 2, 2018. 

Alan R. Hanson, 

Principal Deputy Assistant Attorney General. 

[FR Doc. 2018–09640 Filed 5–14–18; 8:45 am] 

BILLING CODE 4410–18–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 

June 2018. The interest assumptions are 

used for paying benefits under 


daltland on DSKBBV9HB2PROD with RULES
22388 Federal Register / Vol. 83, No. 94 / Tuesday, May 15, 2018 / Rules and Regulations 

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. 

terminating single-employer plans 

covered by the pension insurance 

system administered by PBGC. 

DATES: Effective June 1, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Hilary Duke (duke.hilary@pbgc.gov), 

Assistant General Counsel for 

Regulatory Affairs, Pension Benefit 

Guaranty Corporation, 1200 K Street 

NW, Washington, DC 20005, 202–326– 

4400 ext. 3839. (TTY users may call the 

Federal relay service toll-free at 1–800– 

877–8339 and ask to be connected to 

202–326–4400, ext. 3839.) 

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 terminated 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 

website (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 June 2018.1

The June 2018 interest assumptions 

under the benefit payments regulation 

will be 1.25 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. In comparison with the interest 

assumptions in effect for May 2018, 

these assumptions represent an increase 

of 0.25 percent 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 payment of 

benefits under plans with valuation 

dates during June 2018, 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 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 

296 is added at the end of 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

*******

296 .................................... 6–1–18 7–1–18 1.25 4.00 4.00 4.00 7 8 

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

296 is added at the end of 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

*******

296 .................................... 6–1–18 7–1–18 1.25 4.00 4.00 4.00 7 8 


daltland on DSKBBV9HB2PROD with RULES
Federal Register / Vol. 83, No. 94 / Tuesday, May 15, 2018 / Rules and Regulations 22389 

Issued in Washington, DC. 

Hilary Duke, 

Assistant General Counsel for Regulatory 

Affairs, Pension Benefit Guaranty 

Corporation. 

[FR Doc. 2018–10038 Filed 5–14–18; 8:45 am] 

BILLING CODE 7709–02–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Parts 100, 117, 147, and 165 

[USCG–2018–0276] 

2018 Quarterly Listings; Safety Zones, 

Security Zones, Special Local 

Regulations, Drawbridge Operation 

Regulations and Regulated Navigation 

Areas 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of expired 

temporary rules issued. 

SUMMARY: This document provides 

notification of substantive rules issued 

by the Coast Guard that were made 

temporarily effective but expired before 

they could be published in the Federal 

Register. This document lists temporary 

safety zones, security zones, special 

local regulations, drawbridge operation 

regulations and regulated navigation 

areas, all of limited duration and for 

which timely publication in the Federal 

Register was not possible. 

DATES: This document lists temporary 

Coast Guard rules that became effective, 

primarily between January 2018 and 

March 2018, unless otherwise indicated, 

and were terminated before they could 

be published in the Federal Register. 

ADDRESSES: Temporary rules listed in 

this document may be viewed online, 

under their respective docket numbers, 

using the Federal eRulemaking Portal at 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: For 

questions on this document contact 

Yeoman First Class David Hager, Office 

of Regulations and Administrative Law, 

telephone (202) 372–3862. 

SUPPLEMENTARY INFORMATION: Coast 

Guard District Commanders and 

Captains of the Port (COTP) must be 

immediately responsive to the safety 

and security needs within their 

jurisdiction; therefore, District 

Commanders and COTPs have been 

delegated the authority to issue certain 

local regulations. Safety zones may be 

established for safety or environmental 

purposes. A safety zone may be 

stationary and described by fixed limits 

or it may be described as a zone around 

a vessel in motion. Security zones limit 

access to prevent injury or damage to 

vessels, ports, or waterfront facilities. 

Special local regulations are issued to 

enhance the safety of participants and 

spectators at regattas and other marine 

events. Drawbridge operation 

regulations authorize changes to 

drawbridge schedules to accommodate 

bridge repairs, seasonal vessel traffic, 

and local public events. Regulated 

Navigation Areas are water areas within 

a defined boundary for which 

regulations for vessels navigating within 

the area have been established by the 

regional Coast Guard District 

Commander. 

Timely publication of these rules in 

the Federal Register may be precluded 

when a rule responds to an emergency, 

or when an event occurs without 

sufficient advance notice. The affected 

public is, however, often informed of 

these rules through Local Notices to 

Mariners, press releases, and other 

means. Moreover, actual notification is 

provided by Coast Guard patrol vessels 

enforcing the restrictions imposed by 

the rule. Because Federal Register 

publication was not possible before the 

end of the effective period, mariners 

were personally notified of the contents 

of these safety zones, security zones, 

special local regulations, regulated 

navigation areas or drawbridge 

operation regulations by Coast Guard 

officials on-scene prior to any 

enforcement action. However, the Coast 

Guard, by law, must publish in the 

Federal Register notice of substantive 

rules adopted. To meet this obligation 

without imposing undue expense on the 

public, the Coast Guard periodically 

publishes a list of these temporary 

safety zones, security zones, special 

local regulations, regulated navigation 

areas and drawbridge operation 

regulations. Permanent rules are not 

included in this list because they are 

published in their entirety in the 

Federal Register. Temporary rules are 

also published in their entirety if 

sufficient time is available to do so 

before they are placed in effect or 

terminated. 

The following unpublished rules were 

placed in effect temporarily during the 

period between January 2018 and March 

2018 unless otherwise indicated. To 

view copies of these rules, visit 

www.regulations.gov and search by the 

docket number indicated in the 

following table. 

Docket No. Type Location Effective date 

USCG–2012– 

1036.

Safety Zones .............................................................. Long island Sound Zone ........................................... 11/25/2017 

USCG–2017– 

1103.

Safety Zones .............................................................. Sandusky, OH ............................................................ 12/31/2017 

USCG–2018– 

0001.

Safety Zones .............................................................. Bellaire, OH ............................................................... 1/6/2018 

USCG–2018– 

0021.

Safety Zones .............................................................. Palm Beach, FL ......................................................... 1/11/2018 

USGC–2018– 

0018.

Security Zones ........................................................... Palm Beach, FL ......................................................... 1/12/2018 

USCG–2017– 

1088.

Security Zones ........................................................... Detroit, MI .................................................................. 1/13/2018 

USCG–2017– 

1096.

Safety Zones .............................................................. Piti, GU ...................................................................... 1/17/2018 

USCG–2018– 

0053.

Safety Zones .............................................................. Thebes, IL .................................................................. 1/18/2018 

USCG–2017– 

1110.

Safety Zones .............................................................. Harbor, GU ................................................................ 1/24/2018 

USCG–2018– 

0062.

Special Local Regulations ......................................... New York Zone .......................................................... 1/26/2018 

USCG–2017– 

1029.

Special Local Regulations ......................................... San Diego Captain of the Port .................................. 1/27/2018 


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