Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Rules and Regulations 34237 

In addition, FDA is amending 

§ 558.530 to remove an incorrect human 

food safety warning and to revise an 

animal safety limitation for use of 

roxarsone in chicken and turkey feeds. 

The food safety warning restricting use 

of roxarsone in poultry producing eggs 

for human consumption was codified in 

error during a change from text to table 

format in 2005 (70 FR 41958; July 21, 

2005). The animal safety warning is 

revised to reflect recommendations of 

the National Academy of SciencesNational Research Council (NAS-NRC) 

Drug Efficacy Study in 1970 (35 FR 

14273; September 10, 1970), following 

their evaluation of the product. NASNRC’s recommended warning was 

restated, but not codified, at the time of 

Drug Efficacy Study Implementation’s 

finalization of NADA 7–891 for a 

roxarsone Type A medicated article in 

1981 (46 FR 52330; October 27, 1981). 

The revised warning for medicated feed 

use agrees with the warning that is 

codified for roxarsone oral dosage forms 

in 21 CFR part 520. 

In accordance with the freedom of 

information provisions of 21 CFR part 

20 and 21 CFR 514.11(e)(2)(ii), a 

summary of safety and effectiveness 

data and information submitted to 

support approval of this application 

may be seen in the Division of Dockets 

Management (HFA–305), Food and Drug 

Administration, 5630 Fishers Lane, rm. 

1061, Rockville, MD 20852, between 9 

a.m. and 4 p.m., Monday through 

Friday. 

The agency has determined under 21 

CFR 25.33 that this action is of a type 

that does not individually or 

cumulatively have a significant effect on 

the human environment. Therefore, 

neither an environmental assessment 

nor an environmental impact statement 

is required. 

This rule does not meet the definition 

of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because 

it is a rule of ‘‘particular applicability.’’ 

Therefore, it is not subject to the 

congressional review requirements in 5 

U.S.C. 801–808. 

List of Subjects in 21 CFR Part 558 

Animal drugs, Animal feeds. 

■ Therefore, under the Federal Food, 

Drug, and Cosmetic Act and under 

authority delegated to the Commissioner 

of Food and Drugs and redelegated to 

the Center for Veterinary Medicine, 21 

CFR part 558 is amended as follows: 

PART 558—NEW ANIMAL DRUGS FOR 

USE IN ANIMAL FEEDS 

■ 1. The authority citation for 21 CFR 

part 558 continues to read as follows: 

Authority: 21 U.S.C. 360b, 371. 

■ 2. In § 558.311, in the table in 

paragraph (e)(1)(xv), alphabetically add 

a new entry for ‘‘Roxarsone 22.7 to 

45.4’’ to read as follows: 

§ 558.311 Lasalocid. 

* * * * * 

(e) * * * 

(1) * * * 

Lasalocid sodium activity 

in grams per ton 

Combination in 

grams per ton Indications for use Limitations Sponsor 

(xv) 68 (0.0075 pct) to 

113 (0.0125 pct). 

* * * * **

* * * * * * * 

Roxarsone 22.7 to 

45.4 

Growing turkeys: For prevention of 

coccidiosis caused by E. 

meleagrimitis, E. gallopavonis, and E. 

adenoeides, increased rate of weight 

gain, improved feed efficiency, and 

improved pigmentation. 

Feed continuously as the sole ration. 

Roxarsone provided by No. 046573 in 

§ 510.600(c) in this chapter. 

046573 

* * * * * * * 

§ 558.530 [Amended] 

■ 3. Amend § 558.530 as follows: 

a. In the table in paragraph (d)(1)(i), 

in the ‘‘Limitations’’ column, remove 

the phrase ‘‘do not feed to chickens 

producing eggs for human 

consumption;’’ and remove the phrase 

‘‘may result in leg weakness’’ and in its 

place add the phrase ‘‘may result in 

weakness or paralysis of the legs’’ and 

b. In the table in paragraph (d)(2)(i), 

in the ‘‘Limitations’’ column, remove 

the phrase ‘‘do not feed to turkeys 

producing eggs for human 

consumption;’’ and remove the phrase 

‘‘may result in leg weakness’’ and in its 

place add the phrase ‘‘may result in 

weakness or paralysis of the legs’’. 

Dated: July 9, 2009. 

Bernadette Dunham, 

Director, Center for Veterinary Medicine. 

[FR Doc. E9–16733 Filed 7–14–09; 8:45 am] 

BILLING CODE 4160–01–S 

PENSION BENEFIT GUARANTY 

CORPORATION 

29 CFR Part 4022 

Benefits Payable in Terminated SingleEmployer Plans; Interest Assumptions 

for Valuing and Paying Benefits 

AGENCY: Pension Benefit Guaranty 

Corporation. 

ACTION: Final rule. 

SUMMARY: Pension Benefit Guaranty 

Corporation’s regulation on Benefits 

Payable in Terminated Single-Employer 

Plans prescribes interest assumptions 

for valuing and paying certain benefits 

under terminating singleπemployer 

plans. This final rule amends the benefit 

payments regulation to adopt interest 

assumptions for plans with valuation 

dates in August 2009. Interest 

assumptions are also published on 

PBGC’s Web site (http://www.pbgc.gov). 

DATES: Effective August 1, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Catherine B. Klion, Manager, Regulatory 

and Policy Division, 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: 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. 


srobinson on DSKHWCL6B1PROD with RULES
34238 Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Rules and Regulations 

These interest assumptions are found 

in two PBGC regulations: the regulation 

on Benefits Payable in Terminated 

Single-Employer Plans (29 CFR Part 

4022) and the regulation on Allocation 

of Assets in Single-Employer Plans (29 

CFR Part 4044). Assumptions under the 

asset allocation regulation are updated 

quarterly; assumptions under the benefit 

payments regulation are updated 

monthly. This final rule updates only 

the assumptions under the benefit 

payments regulation. 

Two sets of interest assumptions are 

prescribed under the benefit payments 

regulation: (1) A set for PBGC to use to 

determine whether a benefit is payable 

as a lump sum and to determine lumpsum amounts to be paid by PBGC (found 

in Appendix B to Part 4022), and (2) a 

set for private-sector pension 

practitioners to refer to if they wish to 

use lump-sum interest rates determined 

using PBGC’s historical methodology 

(found in Appendix C to Part 4022). 

This amendment (1) adds to 

Appendix B to Part 4022 the interest 

assumptions for PBGC to use for its own 

lump-sum payments in plans with 

valuation dates during August 2009, and 

(2) 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 PBGC’s historical 

methodology for valuation dates during 

August 2009. 

The interest assumptions that PBGC 

will use for its own lump-sum payments 

(set forth in Appendix B to part 4022) 

will be 3.00 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 a decrease (from those in 

effect for July 2009) of 0.75 percent in 

the immediate annuity rate 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 PBGC for 

determining and paying lump sums (set 

forth in Appendix B to part 4022). 

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 August 2009, 

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 

190, 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

* * * * * * * 

190 .................................................................................... 8–1–09 9–1–09 3.00 4.00 4.00 4.00 7 8 

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

190, 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

* * * * * * * 

190 .................................................................................... 8–1–09 9–1–09 3.00 4.00 4.00 4.00 7 8 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Rules and Regulations 34239 

Issued in Washington, DC, on this 8th day 

of July 2009. 

Vincent K. Snowbarger, 

Acting Director, Pension Benefit Guaranty 

Corporation. 

[FR Doc. E9–16770 Filed 7–14–09; 8:45 am] 

BILLING CODE 7709–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2009–0562] 

Regattas and Marine Parades; Great 

Lakes Annual Marine Events 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the local regulations for annual regattas 

and marine parades in the Captain of 

the Port Detroit zone from 7 a.m. on July 

9, 2009 through 6 p.m. on August 2, 

2009. This action is necessary and 

intended to ensure safety of life on the 

navigable waters immediately prior to, 

during, and immediately after regattas 

or marine parades. This rule will 

establish restrictions upon, and control 

movement of, vessels in specified areas 

immediately prior to, during, and 

immediately after regattas or marine 

parades. During the enforcement 

periods, no person or vessel may enter 

the regulated areas without permission 

of the Captain of the Port. 

DATES: The regulations in 33 CFR 100 

will be enforced as listed in the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: CDR 

Joseph Snowden, Prevention, U.S. Coast 

Guard Sector Detroit, 110 Mount Elliot 

Ave., Detroit, MI 48207; (313) 568–9508. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the following 

regulated areas which were published in 

the July 18, 2008 issue of the Federal 

Register. (73 FR 41261): 

§ 100.918 Detroit APBA Gold Cup, 

Detroit, MI. This regulation is effective 

from 7 a.m. on July 9, 2009 until 7 p.m. 

on July 12, 2009. This regulation will be 

enforced daily from 7 a.m. to 7 p.m. on 

July 9, 10, 11, and 12, 2009. 

§ 100.920 Tug Across the River, 

Detroit, MI. This regulation is effective 

from 5:30 p.m. to 7 p.m. on July 17, 

2009. 

§ 100.914 Trenton Rotary Roar on 

the River, Trenton, MI. This regulation 

is effective from 2 p.m. on July 24, 2009 

until 8 p.m. on July 26, 2009. This 

regulation will be enforced from 2 p.m. 

to 6 p.m. on July 24, 2009, from 8 a.m. 

to 8 p.m. on July 25, 2009 and from 8 

a.m. to 8 p.m. on July 26, 2009. 

§ 100.915 St. Clair River Classic 

Offshore Race, St. Clair, MI. This 

regulation is effective from 10 a.m. on 

July 31, 2009 until 6 p.m. on August 2, 

2009. This regulation will be enforced 

daily from 10 a.m. to 6 p.m. on July 31, 

August 1, and August 2, 2009. 

In accordance with the general 

regulations in section 100.901 of this 

part, entry into, transiting, or anchoring 

within these regulated areas is 

prohibited unless authorized by the 

Captain of the Port Detroit or the Patrol 

Commander. 

These regulated areas are closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Detroit or the Patrol Commander. 

Vessel operators given permission to 

enter or operate in the regulated area 

must comply with all directions given to 

them by the Captain of the Port or the 

Patrol Commander. 

Dated: June 24, 2009. 

F.M. Midgette, 

Captain, U.S. Coast Guard, Captain of the 

Port Detroit. 

[FR Doc. E9–16684 Filed 7–14–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[USCG–2009–0233] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Manasquan River, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is removing 

the existing drawbridge operation 

regulation for the Route 70 Bridge, mile 

3.4, across Manasquan River at Riviera 

Beach, NJ. The existing bridge has been 

modified by permit from a movable 

bridge to a fixed bridge. Since the bridge 

is no longer a movable bridge, the 

regulation controlling the opening and 

closing of the bridge in no longer 

necessary. 

DATES: This rule is effective July 15, 

2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket, are part of docket USCG–2009– 

0233 and are available online by going 

to http://www.regulations.gov, selecting 

the Advanced Docket Search option on 

the right side of the screen, inserting 

USCG–2009–0233 in the Docket ID box, 

pressing Enter, and then clicking on the 

item in the Docket ID column. This 

material is also available for inspection 

or copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call 

Waverly W. Gregory, Jr., Bridge 

Administrator, Fifth Coast Guard 

District, at (757) 398–6222. If you have 

questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard is issuing this 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)(B), the 

Coast Guard finds that good cause exists 

for not publishing a notice of proposed 

rulemaking (NPRM) with respect to this 

rule because the bridge that the 

regulation governed has been modified 

from a movable bridge to a fixed bridge 

and does not open for the passage of 

vessels. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective in less than 30 

days after publication in the Federal 

Register because this rule removes the 

regulation used for the operation of a 

movable bridge that has been modified 

to become a fixed bridge. The 

modification has already taken place 

and the removal of the regulation will 

not affect mariners. 

Background and Purpose 

On September 23, 2005, a Coast Guard 

Bridge Permit (2–05–5) was issued to 

the New Jersey Department of 

Transportation (NJDOT) to replace the 

existing single-leaf bascule bridge, 

which carries Route 70 over Manasquan 

River at Riviera Beach, NJ, with a new 

fixed bridge. NJDOT completed 

construction for a new fixed bridge in 

December 2008. 


srobinson on DSKHWCL6B1PROD with RULES