74986 Federal Register / Vol. 80, No. 230 / Tuesday, December 1, 2015 / Rules and Regulations 

This document postpones the 

effectiveness of the discharge 

requirements in both sanctuaries with 

regard to USCG activities for another 6 

months, until June 9, 2016. In the course 

of the rule making to expand GFNMS 

and CBNMS, NOAA learned from USCG 

that the discharge regulations had the 

potential to impair the operations of 

USCG vessels and air craft conducting 

law enforcement and on-water training 

exercises in GFNMS and CBNMS. The 

USCG supports national marine 

sanctuary management by providing 

routine surveillance and dedicated law 

enforcement of the National Marine 

Sanctuaries Act and sanctuary 

regulations. 

To ensure that the March 12, 2015 

rule does not undermine USCG’s ability 

to perform its duties, NOAA postponed 

for 6 months the effectiveness of the 

discharge requirements for USCG 

operations. Specifically, the 

effectiveness of the discharge 

requirements was postponed until 

December 9, 2015. However, NOAA 

needs more time to assess USCG 

activities and develop alternatives for an 

environmental assessment developed 

pursuant to the requirements of the 

National Environmental Policy Act. 

Therefore, NOAA is postponing the 

effectiveness of the discharge 

requirements with respect to USCG 

operations for another 6 months, until 

June 9, 2016. During this time, NOAA 

will consider how to address USCG’s 

concerns and will consider, among 

other things, whether to exempt certain 

USCG activities in sanctuary 

regulations. The public, other federal 

agencies, and interested stakeholders 

will be given an opportunity to 

comment on various alternatives that 

are being considered. This will include 

the opportunity to review any proposed 

rule and related environmental analysis. 

Authority: 16 U.S.C. 1431 et seq.; 16 

U.S.C. 470. 

Dated: November 20, 2015. 

John Armor, 

Acting Director for the Office of National 

Marine Sanctuaries. 

[FR Doc. 2015–30434 Filed 11–30–15; 8:45 am] 

BILLING CODE 3510–NK–P 

PENSION BENEFIT GUARANTY 

CORPORATION 

29 CFR Part 4044 

Allocation of Assets in SingleEmployer Plans; Valuation of Benefits 

and Assets; Expected Retirement Age 

AGENCY: Pension Benefit Guaranty 

Corporation. 

ACTION: Final rule. 

SUMMARY: This rule amends the Pension 

Benefit Guaranty Corporation’s 

regulation on Allocation of Assets in 

Single-Employer Plans by substituting a 

new table for determining expected 

retirement ages for participants in 

pension plans undergoing distress or 

involuntary termination with valuation 

dates falling in 2016. This table is 

needed in order to compute the value of 

early retirement benefits and, thus, the 

total value of benefits under a plan. 

DATES: Effective January 1, 2016. 

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 toll-free at 1–800– 

877–8339 and ask to be connected to 

202–326–4024.) 

SUPPLEMENTARY INFORMATION: The 

Pension Benefit Guaranty Corporation 

(PBGC) administers the pension plan 

termination insurance program under 

Title IV of the Employee Retirement 

Income Security Act of 1974 (ERISA). 

PBGC’s regulation on Allocation of 

Assets in Single-Employer Plans (29 

CFR part 4044) sets forth (in subpart B) 

the methods for valuing plan benefits of 

terminating single-employer plans 

covered under Title IV. Guaranteed 

benefits and benefit liabilities under a 

plan that is undergoing a distress 

termination must be valued in 

accordance with subpart B of part 4044. 

In addition, when PBGC terminates an 

underfunded plan involuntarily 

pursuant to ERISA section 4042(a), it 

uses the subpart B valuation rules to 

determine the amount of the plan’s 

underfunding. 

Under § 4044.51(b) of the asset 

allocation regulation, early retirement 

benefits are valued based on the annuity 

starting date, if a retirement date has 

been selected, or the expected 

retirement age, if the annuity starting 

date is not known on the valuation date. 

Sections 4044.55 through 4044.57 set 

forth rules for determining the expected 

retirement ages for plan participants 

entitled to early retirement benefits. 

Appendix D of part 4044 contains tables 

to be used in determining the expected 

early retirement ages. 

Table I in appendix D (Selection of 

Retirement Rate Category) is used to 

determine whether a participant has a 

low, medium, or high probability of 

retiring early. The determination is 

based on the year a participant would 

reach ‘‘unreduced retirement age’’ (i.e., 

the earlier of the normal retirement age 

or the age at which an unreduced 

benefit is first payable) and the 

participant’s monthly benefit at 

unreduced retirement age. The table 

applies only to plans with valuation 

dates in the current year and is updated 

annually by the PBGC to reflect changes 

in the cost of living, etc. 

Tables II–A, II–B, and II–C (Expected 

Retirement Ages for Individuals in the 

Low, Medium, and High Categories 

respectively) are used to determine the 

expected retirement age after the 

probability of early retirement has been 

determined using Table I. These tables 

establish, by probability category, the 

expected retirement age based on both 

the earliest age a participant could retire 

under the plan and the unreduced 

retirement age. This expected retirement 

age is used to compute the value of the 

early retirement benefit and, thus, the 

total value of benefits under the plan. 

This document amends appendix D to 

replace Table I–15 with Table I–16 in 

order to provide an updated correlation, 

appropriate for calendar year 2016, 

between the amount of a participant’s 

benefit and the probability that the 

participant will elect early retirement. 

Table I–16 will be used to value benefits 

in plans with valuation dates during 

calendar year 2016. 

PBGC has determined that notice of, 

and public comment on, this rule are 

impracticable and contrary to the public 

interest. Plan administrators need to be 

able to estimate accurately the value of 

plan benefits as early as possible before 

initiating the termination process. For 

that purpose, if a plan has a valuation 

date in 2016, the plan administrator 

needs the updated table being 

promulgated in this rule. Accordingly, 

the public interest is best served by 

issuing this table expeditiously, without 

an opportunity for notice and comment, 

to allow as much time as possible to 

estimate the value of plan benefits with 

the proper table for plans with valuation 

dates in early 2016. 

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 

regulation, the Regulatory Flexibility 

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Federal Register / Vol. 80, No. 230 / Tuesday, December 1, 2015 / Rules and Regulations 74987 

Act of 1980 does not apply (5 U.S.C. 

601(2)). 

List of Subjects in 29 CFR Part 4044 

Pension insurance, Pensions. 

In consideration of the foregoing, 29 

CFR part 4044 is amended as follows: 

PART 4044—ALLOCATION OF 

ASSETS IN SINGLE-EMPLOYER 

PLANS 

■ 1. The authority citation for part 4044 

continues to read as follows: 

Authority: 29 U.S.C. 1301(a), 1302(b)(3), 

1341, 1344, 1362. 

■ 2. Appendix D to part 4044 is 

amended by removing Table I–15 and 

adding in its place Table I–16 to read as 

follows: 

Appendix D to Part 4044—Tables Used 

To Determine Expected Retirement Age 

TABLE I–16—SELECTION OF RETIREMENT RATE CATEGORY

[For plans with valuation dates after December 31, 2015, and before January 1, 2017] 

If participant reaches URA in year— 

Participant’s Retirement Rate Category is— 

Low 1 if monthly 

benefit at URA is 

less than— 

Medium 2 if monthly benefit at URA is— High 3 if monthly 

benefit at URA is 

From— To— greater than— 

2017 ......................................................................................... 627 627 2,647 2,647 

2018 ......................................................................................... 640 640 2,705 2,705 

2019 ......................................................................................... 655 655 2,767 2,767 

2020 ......................................................................................... 670 670 2,831 2,831 

2021 ......................................................................................... 686 686 2,896 2,896 

2022 ......................................................................................... 701 701 2,962 2,962 

2023 ......................................................................................... 718 718 3,030 3,030 

2024 ......................................................................................... 734 734 3,100 3,100 

2025 ......................................................................................... 751 751 3,171 3,171 

2026 or later ............................................................................ 768 768 3,244 3,244 

1Table II–A. 

2Table II–B. 

3Table II–C. 

* * * * * 

Issued in Washington, DC, this day of 

November 17, 2015. 

Judith Starr, 

General Counsel, Pension Benefit Guaranty 

Corporation. 

[FR Doc. 2015–30221 Filed 11–30–15; 8:45 am] 

BILLING CODE 7709–02–P 

DEPARTMENT OF DEFENSE 

Department of the Army 

32 CFR Part 505 

[USA–2015–HQ–0036] 

RIN 0702–AA71 

Army Privacy Program 

AGENCY: Department of the Army, DoD. 

ACTION: Direct final rule. 

SUMMARY: The Department of the Army 

is amending the Army Privacy Program 

Regulation. Specifically, this direct final 

rule is removing the exemption for 

A0601–222 USMEPCOM, titled Armed 

Services Military Accession Testing. 

Based on a recent review of A0601–222 

Armed Services Military Accession 

Testing it has been determined that 

records in this system will now be 

covered by DMDC 15 DoD, Armed 

Services Military Accession Testing, 

which published in the Federal Register 

on February 11, 2015. This rule is being 

published as a direct final rule as the 

Department of Defense does not expect 

to receive any adverse comments, and 

so a proposed rule is unnecessary. 

DATES: The rule will be effective on 

February 4, 2016 unless comments are 

received that would result in a contrary 

determination. Comments will be 

accepted on or before February 1, 2016. 

ADDRESSES: You may submit comments, 

identified by docket number and/or 

Regulatory Information Number (RIN) 

and title, by any of the following 

methods: 

• Federal Rulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Department of Defense, Office 

of the Deputy Chief Management 

Officer, Directorate for Oversight and 

Compliance, Regulatory and Audit 

Matters Office, 9010 Defense Pentagon, 

Washington, DC 20301–9010. 

Instructions: All submissions received 

must include the agency name and 

docket number or RIN for this Federal 

Register document. The general policy 

for comments and other submissions 

from members of the public is to make 

these submissions available for public 

viewing on the Internet at http://

www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Tracy Rogers, Chief, FOIA/PA, 

telephone: 703–428–6513. 

SUPPLEMENTARY INFORMATION: The 

revisions to this rule will be reported in 

future status updates as part of DoD’s 

retrospective plan under Executive 

Order 13563 completed in August 2011. 

DoD’s full plan can be accessed at: 

http://www.regulations.gov/#!docket

Detail;D=DOD-2011-OS-0036. 

Direct Final Rule and Significant 

Adverse Comments 

DoD has determined this rulemaking 

meets the criteria for a direct final rule 

because it involves changes dealing 

with DoD’s management of its Privacy 

Programs. DoD expects no opposition to 

the changes and no significant adverse 

comments. However, if DoD receives a 

significant adverse comment, the 

Department will withdraw this direct 

final rule by publishing a notice in the 

Federal Register. A significant adverse 

comment is one that explains: (1) Why 

the direct final rule is inappropriate, 

including challenges to the rule’s 

underlying premise or approach; or (2) 

why the direct final rule will be 

ineffective or unacceptable without a 

change. In determining whether a 

comment necessitates withdrawal of 

this direct final rule, DoD will consider 

whether it warrants a substantive 

response in a notice and comment 

process. 

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