This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

12121 

Vol. 75, No. 49 

Monday, March 15, 2010 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 121 

[Docket No. FAA–2002–6717; Amendment 

No. 121–348] 

RIN 2120–AI03 

Extended Operations (ETOPS) of MultiEngine Airplanes; Technical 

Amendment 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; Technical 

amendment. 

SUMMARY: The Federal Aviation 

Administration is making a minor 

amendment to a previously published 

final rule. That final rule applied to air 

carrier, commuter, and on-demand 

turbine powered multi-engine airplanes 

used in passenger-carrying, and some 

all-cargo, extended-range operations. 

This technical amendment corrects an 

incorrect citation reference. 

DATES: Effective March 15, 2010. 

FOR FURTHER INFORMATION CONTACT: Zara 

Willis, Office of Rulemaking, Federal 

Aviation Administration, 800 

Independence Ave., SW., Washington, 

DC 20591; telephone (202) 493–4405 

facsimile (202) 267–5075; e-mail 

Zara.Willis@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The final rule, Extended Operations 

(ETOPS) of Multi-engine Airplanes, 

applied to air carrier (part 121), 

commuter, and on-demand (part 135) 

turbine powered multi-engine airplanes 

used in passenger-carrying, extended 

range operations (January 16, 2007; 72 

FR 1808). All-cargo operations in 

airplanes with more than two engines of 

both part 121 and part 135 were 

exempted from the majority of this rule. 

The rule established regulations 

governing the design, operation and 

maintenance of certain airplanes 

operated on flights that fly long 

distances from an adequate airport. It 

codified current FAA policy, industry 

best practices and recommendations, as 

well as international standards designed 

to ensure long-range flights will 

continue to operate safely. To ease the 

transition for current operators, the rule 

included delayed compliance dates for 

certain ETOPS requirements. 

In the final rule § 121.646(b)(1)(i)(B) 

incorrectly references § 121.133. The 

citation should read § 121.333. 

Technical Amendment 

This technical amendment merely 

corrects an incorrect cross-reference in 

§ 121.646. No other changes are made to 

the section. 

Justification for Immediate Adoption 

Because this action corrects a crossreference, the FAA finds that notice and 

public comment under 5 U.S.C. 553(b) 

is unnecessary. For the same reason, the 

FAA finds that good cause exists under 

5 U.S.C. 553(d) for making this rule 

effective upon publication. 

List of Subjects in 14 CFR Part 121 

Air carriers, Aircraft, Airmen, Alcohol 

abuse, Aviation safety, Charter flights, 

Drug abuse, Drug testing, Reporting and 

recordkeeping requirements, Safety, and 

Transportation. 

The Amendment 

■ In consideration of the forgoing, the 

Federal Aviation Administration 

amends 14 CFR part 121 as follows: 

PART 121—OPERATING 

REQUIREMENTS: DOMESTIC, FLAG, 

AND SUPPLEMENTAL OPERATIONS 

§ 121.646 [Amended] 

■ 1. Amend § 121.646 (b)(1)(i)(B) by 

removing the citation ‘‘§ 121.133’’ and 

adding in its place the citation 

‘‘§ 121.333.’’ 

Issued in Washington, DC, on March 10, 

2010. 

Pamela Hamilton-Powell, 

Director, Office of Rulemaking. 

[FR Doc. 2010–5589 Filed 3–12–10; 8:45 am] 

BILLING CODE 4910–13–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: Pension Benefit Guaranty 

Corporation’s regulations on Allocation 

of Assets in Single-Employer Plans and 

Benefits Payable in Terminated SingleEmployer Plans prescribe interest 

assumptions for valuing and paying 

certain benefits under terminating 

single-employer plans. This final rule 

amends the asset allocation regulation 

to adopt interest assumptions for plans 

with valuation dates in the second 

quarter of 2010 and amends the benefit 

payments regulation to adopt interest 

assumptions for plans with valuation 

dates in April 2010. Interest 

assumptions are also published on 

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

DATES: Effective April 1, 2010. 

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. 

These interest assumptions are found 

in two PBGC regulations: The regulation 

on Allocation of Assets in SingleEmployer Plans (29 CFR part 4044) and 

the regulation on Benefits Payable in 

Terminated Single-Employer Plans (29 

CFR part 4022). Assumptions under the 

asset allocation regulation are updated 

quarterly; assumptions under the benefit 


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12122 Federal Register / Vol. 75, No. 49 / Monday, March 15, 2010 / Rules and Regulations 

payments regulation are updated 

monthly. This final rule updates the 

assumptions under the asset allocation 

regulation for the second quarter (April 

through June) of 2010 and updates the 

assumptions under the benefit payments 

regulation for April 2010. 

The interest assumptions prescribed 

under the asset allocation regulation 

(found in Appendix B to Part 4044) are 

used for the valuation of benefits for 

allocation purposes under ERISA 

section 4044. 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 lump-sum amounts to be 

paid by PBGC (found in Appendix B to 

Part 4022), and (2) a set for privatesector 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 4044 the interest 

assumptions for valuing benefits for 

allocation purposes in plans with 

valuation dates during the second 

quarter (April through June) of 2010, (2) 

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 April 2010, 

and (3) adds to Appendix C to Part 4022 

the interest assumptions for privatesector pension practitioners to refer to if 

they wish to use lump-sum interest rates 

determined using PBGC’s historical 

methodology for valuation dates during 

April 2010. 

The interest assumptions that PBGC 

will use for valuing benefits for 

allocation purposes (set forth in 

Appendix B to part 4044) will be 4.63 

percent for the first 20 years following 

the valuation date and 4.51 percent 

thereafter. In comparison with the 

interest assumptions in effect for the 

first quarter of 2010, these interest 

assumptions represent a decrease of 

0.26 percent for the first 20 years 

following the valuation date and a 

decrease of 0.12 percent for all years 

thereafter. 

The interest assumptions that PBGC 

will use for its own lump-sum payments 

(set forth in Appendix B to part 4022) 

will be 2.75 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 March 2010, 

these interest assumptions are 

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 April 2010, 

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 

198 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

* * * * * * * 

198 4–1–10 5–1–10 2.75 4.00 4.00 4.00 7 8 

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

198 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

* * * * * * * 

198 4–1–10 5–1–10 2.75 4.00 4.00 4.00 7 8 


emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 75, No. 49 / Monday, March 15, 2010 / Rules and Regulations 12123 

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 April–June 2010 is added to 

the table to read as follows: 

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 = 

* * * * * * * 

April–June 2010 ................................................................ 0.0463 1–20 0.0451 >20 N/A N/A 

Issued in Washington, DC, on this March 

9, 2010. 

Vincent K. Snowbarger, 

Acting Director, Pension Benefit Guaranty 

Corporation. 

[FR Doc. 2010–5541 Filed 3–12–10; 8:45 am] 

BILLING CODE 7709–01–P 

POSTAL SERVICE 

39 CFR Parts 310 and 320 

Restrictions on Private Carriage of 

Letters 

AGENCY: Postal ServiceTM

ACTION: Final rule. 

SUMMARY: This rule amends the Postal 

Service regulations on the enforcement 

and suspension of the Private Express 

Statutes to correct obsolete addresses. 

DATES: Effective Date: March 15, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Garry Rodriguez, 202–268–7281. 

SUPPLEMENTARY INFORMATION: 

Amendment of parts 310 and 320 is 

necessary to correct the addresses for 

inquiries and other correspondence 

regarding enforcement of the Private 

Express Statutes. 

List of Subjects in 39 CFR Parts 310 and 

320 

Advertising; Computer technology. 

■ For the reasons set forth above, the 

Postal Service amends 39 CFR Chapter 

I, Subchapter E as follows: 

PART 310—[AMENDED] 

■ 1. The authority citation for 39 CFR 

part 310 continues to read as follows: 

Authority: 39 U.S.C. 401, 404, 601–606; 18 

U.S.C. 1693–1699. 

■ 2. Revise § 310.5(b) to read as follows: 

§ 310.5 Payment of postage on violation. 

* * * * * 

(b) The amount equal to postage will 

be due and payable not later than 15 

days after receipt of formal demand 

from the Inspection Service or the 

Manager, Mailing Standards, USPS 

Headquarters, unless an appeal is taken 

to the Judicial Officer Department in 

accordance with rules of procedure set 

out in part 959 of this chapter. 

* * * * * 

■ 3. Revise § 310.6 to read as follows: 

§ 310.6 Advisory opinions. 

An advisory opinion on any question 

arising under this part and part 320 of 

this chapter may be obtained by writing 

the General Counsel, U.S. Postal 

Service, 475 L’Enfant Plaza SW., 

Washington, DC 20260–1100. A 

numbered series of advisory opinions is 

available for inspection by the public in 

the Library of the U.S. Postal Service, 

and copies of individual opinions may 

be obtained upon payment of charges 

for duplicating services. 

PART 320—[AMENDED] 

■ 4. The authority citation for 39 CFR 

Part 320 continues to read as follows: 

Authority: 39 U.S.C. 401, 404, 601–606; 18 

U.S.C. 1693–1699. 

■ 5. In § 320.3: 

■ a. Revise paragraph (a) to read as set 

forth below; and 

■ b. Amend paragraph (b) in the second 

sentence by removing the words ‘‘the 

RCSC’’ and adding the words ‘‘Mailing 

Standards’’ in their place. 

§ 320.3 Operations under suspension for 

certain data processing materials. 

(a) Carriers intending to establish or 

alter operations based on the suspension 

granted pursuant to § 320.2 shall, as a 

condition to the right to operate under 

the suspension, notify the Manager, 

Mailing Standards, U.S. Postal Service, 

475 L’Enfant Plaza SW, Rm. 3436, 

Washington, DC 20260–3436, of their 

intention to establish such operations 

not later than the beginning of such 

operations. Such notification, on a form 

available from the office of Mailing 

Standards, shall include information on 

the identity and authority of the carrier 

and the scope of its proposed 

operations. 

* * * * * 

Stanley F. Mires, 

Chief Counsel, Legislative. 

[FR Doc. 2010–5622 Filed 3–12–10; 8:45 am] 

BILLING CODE 7710–12–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 571 

[Docket No. NHTSA–2010–0032] 

RIN 2127–AK48 

Federal Motor Vehicle Safety 

Standards; Side Impact Protection; 

Fuel System Integrity; ElectricPowered Vehicles: Electrolyte Spillage 

and Electrical Shock Protection 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation. 

ACTION: Final rule; response to petitions 

for reconsideration. 

SUMMARY: This document comprises the 

agency’s second of two responses to 

petitions for reconsideration of a 

September 11, 2007, final rule that 

upgraded Federal Motor Vehicle Safety 

Standard (FMVSS) No. 214, ‘‘Side 

impact protection.’’ The final rule 

incorporated a vehicle-to-pole test into 

the standard, adopted technicallyadvanced test dummies and enhanced 

injury criteria, and incorporated the 

advanced dummies into the standard’s 

moving deformable barrier test. An 

earlier response was published on June 

9, 2008, which addressed lead time, 

phase-in percentages, test speed, and 

other issues. Today’s response addresses 

the remaining issues raised by the 

petitions. 

DATES: Effective Date: The date on 

which this final rule amends the CFR is 

May 14, 2010. 


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