49682 Federal Register / Vol. 78, No. 158 / Thursday, August 15, 2013 / Rules and Regulations 

is due, without regard to extensions of 

time to file the return. Treas. Reg. 

§§ 53.6011–1 and 53.6071–1 require 

persons subject to certain excise taxes 

under Chapters 41 and 42 of the Code 

to file a Form 4720, ‘‘Return of Certain 

Excise Taxes under Chapters 41 and 42 

of the Internal Revenue Code,’’ to 

accompany payment of those excise 

taxes and provide the time for filing the 

return. Section 4959 was added to 

Chapter 42 of the Code. 

On April 5, 2013, the Treasury 

Department and the IRS published a 

notice of proposed rulemaking in the 

Federal Register (REG–130266–11; 78 

FR 20523) containing proposed 

regulations providing guidance to 

hospital organizations on the CHNA 

requirements of section 501(r)(3) and 

the related excise tax of section 4959. 

That notice of proposed rulemaking did 

not include amendments to the 

regulations under section 6011 and 

section 6071 regarding the return to 

accompany the payment of the excise 

tax under section 4959 and the time for 

filing such a return. 

Explanation of Provisions 

Under § 53.6011–1(c) of these 

temporary regulations, a charitable 

hospital organization that is liable for 

the section 4959 excise tax must file a 

return on Form 4720. Under § 53.6071– 

1(h) of these temporary regulations, a 

hospital organization liable for the 

section 4959 excise tax must file a Form 

4720 by the 15th day of the fifth month 

after the end of the organization’s 

taxable year during which the liability 

under section 4959 was incurred. Thus, 

for example, a hospital organization 

reporting on a calendar year basis that 

failed to meet the requirements of 

section 501(r)(3) by December 31, 2013, 

would have to file a Form 4720 and pay 

the section 4959 tax due by May 15, 

2014. 

Special Analyses 

It has been determined that this 

Treasury decision is not a significant 

regulatory action as defined in 

Executive Order 12866, as 

supplemented by Executive Order 

13563. Therefore, a regulatory 

assessment is not required. It also has 

been determined that section 553(b) of 

the Administrative Procedure Act (5 

U.S.C. chapter 5) does not apply to these 

regulations. For the applicability of the 

Regulatory Flexibility Act (5 U.S.C. 

chapter 6), refer to the Special Analyses 

section of the preamble to the crossreference notice of proposed rulemaking 

published in the Proposed Rules section 

in this issue of the Federal Register. 

Pursuant to section 7805(f) of the Code, 

these regulations were submitted to the 

Chief Counsel for Advocacy of the Small 

Business Administration for comment 

on their impact on small business, and 

no comments were received. 

Drafting Information 

The principal author of these 

regulations is Amy F. Giuliano, Office of 

Associate Chief Counsel (Tax Exempt 

and Government Entities). However, 

other personnel from the IRS and 

Treasury Department participated in 

their development. 

List of Subjects in 26 CFR Part 53 

Excise taxes, Foundations, 

Investments, Lobbying, Reporting and 

recordkeeping requirements. 

Amendments to the Regulations 

Accordingly, 26 CFR part 53 is 

amended as follows: 

PART 53—FOUNDATION AND SIMILAR 

EXCISE TAXES 

■ Paragraph 1. The authority citation 

for part 53 continues to read in part as 

follows: 

Authority: 26 U.S.C. 7805 * * * 

■ Par. 2. Section 53.6011–1 is amended 

by: 

■ 1. Redesignating paragraphs (c) 

through (e) as (d) through (f). 

■ 2. Adding new paragraphs (c) and (g). 

The addition reads as follows: 

§ 53.6011–1 General requirement of return, 

statement or list. 

* * * * * 

(c) [Reserved]. For further guidance, 

see § 53.6011–1T(c). 

* * * * * 

(g) [Reserved]. For further guidance, 

see § 53.6011–1T(g). 

■ Par. 3. Section 53.6011–1T is added to 

read as follows: 

§ 53.6011–1T General requirement of 

return, statement or list (temporary). 

(a) and (b) [Reserved]. For further 

guidance, see § 53.6011–1(a) and (b). 

(c) A hospital organization described 

in section 501(r)(2)(A) that is liable for 

tax imposed by section 4959 must file 

an annual return on Form 4720 and 

include the information required by the 

form and instructions. The annual 

return filed by a hospital organization 

must include the required information 

for each of the organization’s hospital 

facilities that failed to meet the 

requirements of section 501(r)(3) for the 

taxable year. 

(d) through (f) [Reserved]. For further 

guidance, see § 53.6011–1(d) through (f). 

(g) Paragraph (c) of this section 

applies on and after August 15, 2013. 

The applicability of paragraph (c) of this 

section expires on or before August 12, 

2016. 

■ Par. 4. Section 53.6071–1 is amended 

by: 

■ 1. Revising paragraph (h). 

■ 2. Adding paragraph (i). 

The revision and addition read as 

follows: 

§ 53.6071–1 Time for filing returns. 

* * * * * 

(h) [Reserved]. For further guidance, 

see § 53.6071–1T(h). 

(i) Effective/applicability date—(1) 

Paragraph (g) of this section applies on 

and after July 6, 2007. 

(2) [Reserved]. For further guidance, 

see § 53.6071–1T(i)(2). 

Par. 5. Section 53.6071–1T is revised 

to read as follows: 

§ 53.6071–1T Time for filing returns 

(temporary). 

(a) through (g) [Reserved]. For further 

guidance, see § 53.6071–1(a) through (g). 

(h) Taxes on failures by charitable 

hospital organizations to satisfy the 

community health needs assessment 

requirements of section 501(r)(3). A 

hospital organization liable for tax 

imposed by section 4959 must file a 

Form 4720, ‘‘Return of Certain Excise 

Taxes Under Chapters 41 and 42 of the 

Internal Revenue Code,’’ as required by 

§ 53.6011–1(c), on or before the 15th day 

of the fifth month after the end of the 

hospital organization’s taxable year. 

(i) Effective/applicability date—(1) 

[Reserved]. For further guidance, see 

§ 53.6071–1(i)(1). 

(2) Paragraph (h) of this section 

applies on and after August 15, 2013. 

(3) The applicability of paragraph (h) 

of this section expires on or before 

August 12, 2016. 

Heather C. Maloy, 

Acting Deputy Commissioner for Services and 

Enforcement. 

Approved: August 9, 2013. 

Mark J. Mazur, 

Assistant Secretary of the Treasury (Tax 

Policy). 

[FR Doc. 2013–19931 Filed 8–14–13; 8:45 am] 

BILLING CODE 4830–01–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. 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 158 / Thursday, August 15, 2013 / Rules and Regulations 49683 

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. 

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 

September 2013. The interest 

assumptions are used for paying 

benefits under terminating singleemployer plans covered by the pension 

insurance system administered by 

PBGC. 

DATES: Effective September 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 September 2013.1

The September 2013 interest 

assumptions under the benefit payments 

regulation will be 1.50 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 August 2013, 

these interest assumptions represent a 

decrease of 0.25 percent in the 

immediate annuity 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 September 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). 

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 

239, 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

*******

239 9–1–13 10–1–13 1.50 4.00 4.00 4.00 7 8 

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

239, 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

*******

239 9–1–13 10–1–13 1.50 4.00 4.00 4.00 7 8 


tkelley on DSK3SPTVN1PROD with RULES
49684 Federal Register / Vol. 78, No. 158 / Thursday, August 15, 2013 / Rules and Regulations 

Issued in Washington, DC, on this 9th day 

of August 2013. 

Judith Starr, 

General Counsel, Pension Benefit Guaranty 

Corporation. 

[FR Doc. 2013–19842 Filed 8–14–13; 8:45 am] 

BILLING CODE 7702–02–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–0228] 

RIN 1625–AA00 

Safety Zone, Brandon Road Lock and 

Dam to Lake Michigan Including Des 

Plaines River, Chicago Sanitary and 

Ship Canal, Chicago River, and 

Calumet-Saganashkee Channel, 

Chicago, IL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a segment of the Safety Zone; Brandon 

Road Lock and Dam to Lake Michigan 

including Des Plaines River, Chicago 

Sanitary and Ship Canal, Chicago River, 

Calumet-Saganashkee Channel on all 

waters of the Chicago Sanitary and Ship 

Canal from Mile Marker 296.1 to Mile 

Marker 296.7 at specified times on each 

day from August 12 through August 16, 

2013. This action is necessary to protect 

the waterways, waterway users, and 

vessels from the hazards associated with 

the U.S. Army Corps of Engineers 

dispersal barriers performance testing. 

During any of the enforcement 

periods listed below, entry into, 

transiting, mooring, laying-up or 

anchoring within the enforced area of 

this safety zone by any person or vessel 

is prohibited unless authorized by the 

Captain of the Port, Lake Michigan, or 

his designated representative. 

DATES: The regulations in 33 CFR 

165.930 will be enforced from 8 a.m. to 

1 p.m. on each day from August 12 

through August 16, 2013. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

or email MST1 Joseph McCollum, 

Prevention Department, Coast Guard 

Sector Lake Michigan, telephone 414– 

747–7148, email address 

joseph.p.mccollum@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce a segment of the 

Safety Zone; Brandon Road Lock and 

Dam to Lake Michigan including Des 

Plaines River, Chicago Sanitary and 

Ship Canal, Chicago River, CalumetSaganashkee Channel, Chicago, IL, 

listed in 33 CFR 165.930. Specifically, 

the Coast Guard will enforce this safety 

zone between Mile Marker 296.1 to Mile 

Marker 296.7 on all waters of the 

Chicago Sanitary and Ship Canal. 

Enforcement will occur from 8 a.m. 

until 1 p.m. on each day of August 12 

through August 16, 2013. 

This enforcement action is necessary 

because the Captain of the Port, Lake 

Michigan has determined that the U.S. 

Army Corps of Engineers dispersal 

barriers performance testing poses risks 

to life and property. Because of these 

risks, it is necessary to control vessel 

movement during the operation to 

prevent injury and property loss. 

In accordance with the general 

regulations in § 165.23 of this part, entry 

into, transiting, mooring, laying up or 

anchoring within the enforced area of 

this safety zone by any person or vessel 

is prohibited unless authorized by the 

Captain of the Port, Lake Michigan, or 

his or her designated representative. 

Vessels that wish to transit through 

the safety zone may request permission 

from the Captain of the Port, Lake 

Michigan. Requests must be made in 

advance and approved by the Captain of 

the Port before transits will be 

authorized. Approvals will be granted 

on a case by case basis. The Captain of 

the Port may be contacted via U.S. Coast 

Guard Sector Lake Michigan on VHF 

channel 16. 

This notice is issued under authority 

of 33 CFR 165.930 and 5 U.S.C. 552(a). 

In addition to this notice in the Federal 

Register, the Captain of the Port, Lake 

Michigan, will also provide notice 

through other means, which may 

include, but are not limited to, 

Broadcast Notice to Mariners, Local 

Notice to Mariners, local news media, 

distribution in leaflet form, and onscene oral notice. Additionally, the 

Captain of the Port, Lake Michigan, may 

notify representatives from the maritime 

industry through telephonic and email 

notifications. 

Dated: August 3, 2013. 

M.W. Sibley, 

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

Port, Lake Michigan. 

[FR Doc. 2013–19782 Filed 8–14–13; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2012–0904, FRL–9846–5] 

Approval and Disapproval of Air 

Quality State Implementation Plans; 

Arizona; Regional Haze and Interstate 

Transport Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correction. 

SUMMARY: EPA is correcting the 

preamble to the final rule that appeared 

in the Federal Register on July 30, 2013. 

This final rule partially approved and 

partially disapproved a portion of 

Arizona’s State Implementation Plan 

(SIP) to implement the regional haze 

program for the first planning period 

through 2018. The final rule preamble 

inadvertently misstated the effective 

date of the rule under the Congressional 

Review Act and the deadline for filing 

of petitions for judicial review of the 

rule under section 307(b)(1) of the Clean 

Air Act. This document corrects those 

errors and clarifies that the rule was 

signed by the Acting Regional 

Administrator for EPA Region 9. 

DATES: This rule is effective on August 

29, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Gregory Nudd, U.S. EPA, Region 9, 

Planning Office, Air Division, Air-2, 75 

Hawthorne Street, San Francisco, CA 

94105. Gregory Nudd can be reached at 

telephone number (415) 947–4107 and 

via electronic mail at 

r9azreghaze@epa.gov. 

SUPPLEMENTARY INFORMATION: In Federal 

Register document 2013–18022 

published in the Federal Register on 

July 30, 2013 (78 FR 46142), the 

following corrections are made: 

1. On page 46174, in the third 

column, in section VI. Statutory and 

Executive Order Reviews, paragraph K. 

Congressional Review Act, the last 

sentence is corrected to read as follows: 

‘‘This rule will be effective on August 

29, 2013.’’ 

2. On page 46174, in the third 

column, in section VI. Statutory and 

Executive Order Reviews, paragraph L. 

Petitions for Judicial Review, the first 

sentence is corrected to read as follows: 

‘‘Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by September 28, 

2013.’’ 

3. On page 46174, in the third 

column, the title of Jane Diamond is 


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