Federal Register / Vol. 73, No. 101 / Friday, May 23, 2008 / Rules and Regulations 29985 

number for the section 811 program is 

14.181. 

List of Subjects in 24 CFR Part 891 

Aged, Grant programs-housing and 

community development, Individuals 

with disabilities, Loan programshousing and community development, 

Rent subsidies, Reporting and 

recordkeeping requirements. 

■ For the reasons stated in the preamble, 

HUD amends 24 CFR Part 891 to read 

as follows: 

PART 891—SUPPORTIVE HOUSING 

FOR THE ELDERLY AND PERSONS 

WITH DISABILITIES 

■ 1. The authority citation for part 891 

continues to read as follows: 

Authority: 12 U.S.C. 1701q; 42 U.S.C. 

1437f, 3535(d), and 8013. 

■ 2. Revise § 891.120(c) to read as 

follows: 

§ 891.120 Project design and cost 

standards. 

* * * * * 

(c) Restrictions on amenities. Projects 

must be modest in design. In individual 

units in supportive housing for the 

elderly and in independent living 

facilities for persons with disabilities, 

amenities not eligible for HUD funding 

include individual unit balconies and 

decks, atriums, bowling alleys, 

swimming pools, saunas, Jacuzzis, trash 

compactors, washers and dryers. 

However, HUD funding is eligible to pay 

for washers and dryers in group homes 

for persons with disabilities. Sponsors 

may include certain excess amenities, 

but must pay for them from sources 

other than the section 202 or 811 capital 

advance. They must also pay for the 

continuing operating costs associated 

with any excess amenities from sources 

other than the section 202 or 811 project 

rental assistance contract. 

* * * * * 

Dated: May 15, 2008. 

Brian D. Montgomery, 

Assistant Secretary for Housing—Federal 

Housing Commissioner. 

[FR Doc. E8–11619 Filed 5–22–08; 8:45 am] 

BILLING CODE 4210–67–P 

PENSION BENEFIT GUARANTY 

CORPORATION 

29 CFR Part 4002 

Bylaws of the Pension Benefit 

Guaranty Corporation 

AGENCY: Pension Benefit Guaranty 

Corporation. 

ACTION: Final rule. 

SUMMARY: This is a final rule to amend 

the bylaws of Pension Benefit Guaranty 

Corporation. 

DATES: Effective June 23, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Judith R. Starr, General Counsel, 

Pension Benefit Guaranty Corporation, 

1200 K Street, NW., Washington, DC 

20005–4026; 202–326–4400. (TTY/TDD 

users may call the Federal relay service 

toll-free at 1–800–877–8339 and ask to 

be connected to 202–326–4400.) 

SUPPLEMENTARY INFORMATION: 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). 

Section 4002(b)(3) of ERISA gives PBGC 

power ‘‘to adopt, amend, and repeal, by 

the board of directors, bylaws * * *.’’

Section 4002(f) of ERISA provides that 

‘‘[T]he board of directors may alter, 

supplement, or repeal any existing 

bylaw * * * and may adopt additional 

bylaws * * * from time to time as may 

be necessary.’’ PBGC’s bylaws are set 

forth in 29 CFR Part 4002. 

PBGC’s Board of Directors has 

amended the bylaws. This rule replaces 

the old bylaws with the new bylaws. 

Compliance With Rulemaking 

Guidelines 

As a rule of agency organization, 

procedure, or practice, this rule is 

exempt from notice and public 

comment requirements. Because no 

general notice of proposed rulemaking 

is required, the Regulatory Flexibility 

Act does not apply to this rule. See 5 

U.S.C. 601(2), 603, 604. PBGC has 

determined that this rule is not a 

’’significant regulatory action’’ under 

Executive Order 12866, as amended. 

List of Subjects in Part 4002 

Authority delegations (Government 

agencies), Organization and functions 

(Government agencies). 

■ Accordingly, 29 CFR part 4002 is 

revised to read as follows: 

PART 4002—BYLAWS OF THE 

PENSION BENEFIT GUARANTY 

CORPORATION 

Sec. 

4002.1 Name. 

4002.2 Offices. 

4002.3 Board of Directors, Chair, and 

Representatives of Board Members. 

4002.4 Quorum. 

4002.5 Meetings. 

4002.6 Place of meetings; use of conference 

call communications equipment. 

4002.7 Voting without a meeting. 

4002.8 Conflicts of interest. 

4002.9 Director of the Corporation and 

Senior Officers. 

4002.10 Emergency Procedures. 

4002.11 Seal. 

4002.12 Amendments. 

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

§ 4002.1 Name. 

The name of the Corporation is the 

Pension Benefit Guaranty Corporation. 

§ 4002.2 Offices. 

The principal office of the 

Corporation is in the Metropolitan area 

of the City of Washington, District of 

Columbia. The Corporation may have 

additional offices at such other places as 

the Board of Directors may deem 

necessary or desirable to the conduct of 

its business. 

§ 4002.3 Board of Directors, Chair, and 

Representatives of Board Members. 

(a)(1) The Corporation is governed by 

a Board of Directors which is composed 

of the Secretary of Labor, the Secretary 

of the Treasury, and the Secretary of 

Commerce. Members of the Board shall 

serve without compensation, but shall 

be reimbursed by the Corporation for 

travel, subsistence, and other necessary 

expenses incurred in the performance of 

their duties as Members of the Board. A 

person at the time of a meeting of the 

Board of Directors who is serving in an 

acting capacity as Secretary of Labor, 

Secretary of the Treasury, or Secretary 

of Commerce shall serve as a Member of 

the Board of Directors with the same 

authority and effect as the designated 

Secretary. 

(2) The Secretary of Labor shall be the 

Chair of the Board of Directors and shall 

call and preside over all Board 

meetings, and shall, on behalf of the 

Board, review and approve the 

Corporation’s budget. The Inspector 

General of the Corporation shall report 

to the Board through the Chair. 

(3) The Board of Directors is 

responsible for establishing and 

overseeing the policies of the 

Corporation. The Board may delegate 

powers to the Director of the 

Corporation except that the following 

powers of the Board may not be 

delegated to the Director of the 

Corporation: 

(i) Voting on an amendment to these 

bylaws; 

(ii) Approval of the Annual 

Management Report (AMR), which 

includes the annual financial 

statements, management’s discussion 

and analysis, annual performance 

report, and reports of the independent 

auditor; 

(iii) Approval of the Annual Report, 

which includes the AMR, the 


dwashington3 on PRODPC61 with RULES
29986 Federal Register / Vol. 73, No. 101 / Friday, May 23, 2008 / Rules and Regulations 

Chairman’s message, and certain 

statutory reporting requirements; 

(iv) Approval of the Corporation’s 

Investment Policy Statement; 

(v) Approval of the issuance of any 

notes or debt instruments to the 

Secretary of the Treasury under Section 

4005(c) of ERISA; 

(vi) Approval of all final 

nonprocedural regulations prior to 

publication in the Federal Register, 

except for amendments that establish 

new interest rates and factors under 

Parts 4044 (Appendices C and D) and 

4281 of this chapter, which may be 

approved by the Director of the 

Corporation; 

(vii) Approval of all reports or 

recommendations to the Congress 

required by Title IV of ERISA; 

(viii) Approval of any policy matter 

that would have a significant impact on 

the pension insurance program or its 

stakeholders; and 

(ix) Review of reports from the 

Corporation’s Inspector General that the 

Inspector General deems appropriate to 

deliver to the Board. 

(4) The Board shall review the 

Corporation’s Investment Policy 

Statement at least every two years and 

approve the Investment Policy 

Statement at least every four years. 

(b)(1) Each Board Member shall 

designate in writing an official, not 

below the level of Assistant Secretary, to 

serve as the Board Member’s 

Representative. Such designation shall 

be effective until revoked or until a date 

or event specified therein. A Board 

Representative may act for all purposes 

under these bylaws, except that an 

action of a Board Representative on a 

Board Member’s behalf with respect to 

the powers described in paragraph 

(a)(3)(i) through (v) of this section, shall 

be valid only upon ratification in 

writing by the Board Member. Any 

Board Representative may refer for 

Board action any matter under 

consideration by the Board 

Representatives. 

(2) A Board Member may designate in 

writing an official, not below the level 

of Assistant Secretary, to serve as the 

Board Member’s Alternate 

Representative at a meeting. An 

Alternate Representative may act for all 

purposes at that meeting, except that the 

Alternate Representative’s actions shall 

be valid only upon ratification in 

writing by either the Board Member or 

the Board Representative. Any action of 

the Alternate Representative involving 

the powers described in paragraph 

(a)(3)(i) through (v) of this section or any 

matter that has been referred to the 

Board under paragraph (b)(1) of this 

section must be ratified in writing by 

the Board Member. 

(3) For purposes of this section, 

ratification shall include approval of the 

minutes of the meeting of the Board of 

Directors. 

(c) Final procedural regulations and 

all proposed regulations shall be 

approved by the Director of the 

Corporation prior to publication in the 

Federal Register; however, all final 

procedural regulations and all proposed 

regulations shall first be reviewed for 

comment by each Board Representative, 

except for amendments that establish 

new interest rates and factors under 

Parts 4044 (Appendices C and D) and 

4281 of this chapter. A Board 

Representative may, within 21 days of 

receiving a final procedural regulation 

or proposed regulation for review, 

request that it be referred to the Board 

Representatives for approval. 

§ 4002.4 Quorum. 

A majority of the Board Members 

shall constitute a quorum for the 

transaction of business. Any act of a 

majority of the Members present at any 

meeting at which there is a quorum 

shall be the act of the Board. 

§ 4002.5 Meetings. 

Regular meetings of the Board of 

Directors shall be held as often as 

required to provide appropriate 

oversight and guidance to the 

Corporation and at such times as the 

Chair shall select. Special meetings of 

the Board of Directors shall be called by 

the Chair on the request of any other 

Board Member. Reasonable notice of 

any meetings shall be given to each 

Board Member. The General Counsel of 

the Corporation shall serve as Secretary 

to the Board of Directors and keep its 

minutes. As soon as practicable after 

each meeting, a draft of the minutes of 

such meeting shall be distributed to 

each Member of the Board for approval. 

§ 4002.6 Place of meetings; use of 

conference call communications 

equipment. 

Meetings of the Board of Directors 

shall be held at the principal office of 

the Corporation unless otherwise 

determined by the Board of Directors or 

the Chair. Any Member may participate 

in a meeting of the Board of Directors 

through the use of conference call 

telephone or similar communications 

equipment, by means of which all 

persons participating in the meeting can 

speak to and hear each other. Any Board 

Member so participating in a meeting 

shall be deemed present for all 

purposes. Actions taken by the Board of 

Directors at meetings conducted through 

the use of such equipment, including 

the votes of each Member, shall be 

recorded in the usual manner in the 

minutes of the meetings of the Board of 

Directors. 

§ 4002.7 Voting without a meeting. 

A resolution of the Board of Directors 

signed by each of the Board Members or 

each of the Board Representatives shall 

have the same effect as if agreed to at 

a meeting and shall be kept in the 

Corporate Minutes Book. A resolution 

for an action taken on any matter for 

which a Board Member has been 

disqualified under § 4002.8 may be 

signed by the Board Representative of 

the disqualified Board Member. 

§ 4002.8 Conflict of interest. 

Any Board Member may disqualify 

himself or herself from participation in 

a Board action on any matter if the 

Board Member may have or may appear 

to have a conflict of interest. The Board 

Member shall notify the other Board 

Members of a disqualification. The 

disqualified Member’s Board 

Representative, acting independently of 

that Member, may vote on the matter in 

the Member’s place. The disqualified 

Board Member need not and may not 

ratify any action taken on the matter 

giving rise to his or her disqualification. 

§ 4002.9 Director of the Corporation and 

Senior Officers. 

(a) Director of the Corporation. The 

Corporation shall be administered by a 

Director appointed by the President 

with the advice and consent of the 

Senate. Subject to policies established 

by the Board, the Director shall have 

responsibility for the Corporation’s 

management, including its personnel, 

organization and budget practices, and 

shall carry out the Corporation’s 

functions under Title IV of ERISA. The 

Director shall submit the Corporation’s 

budget to the Chair of the Board for 

review and approval. 

(b) There shall be the following senior 

officers of the Corporation, reporting 

directly to the Director: 

(1) Deputy Directors for Policy and 

Operations, who shall be first and 

second assistant, respectively; 

(2) General Counsel, who shall serve 

as Secretary to the Board; 

(3) Chief Financial Officer; 

(4) Chief Information Officer; 

(5) Chief Management Officer; 

(6) Chief Operating Officer; and 

(7) Chief Insurance Program Officer. 

(c) Subject to prior approval of the 

Board, the Director may establish such 

additional or other senior officers as 

necessary. Before making an 

appointment to a senior officer position, 


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Federal Register / Vol. 73, No. 101 / Friday, May 23, 2008 / Rules and Regulations 29987 

the Director shall consult with the 

Board. 

§ 4002.10 Emergency procedures. 

(a) An emergency exists if a quorum 

of the Corporation’s Board cannot 

readily be assembled or act through 

written contact because of the 

declaration of a government-wide 

emergency. These emergency 

procedures shall remain in effect during 

the emergency and upon the 

termination of the emergency shall 

cease to be operative unless and until 

another emergency occurs. The 

emergency procedures shall operate in 

conjunction with the PBGC Continuity 

of Operations Plan (‘‘COOP Plan’’) of the 

current year, and any government-wide 

COOP protocols in effect. 

(b) During an emergency, the business 

of the PBGC shall continue to be 

managed in accordance with its COOP 

Plan. The functions of the Board of 

Directors will be carried out by those 

Members of the Board of Directors in 

office at the time the emergency arises, 

or by persons designated by the 

agencies’ COOP plans to act in place of 

the Board Members, who are available 

to act during the emergency. If no such 

persons are available, then the authority 

of the Board shall be transferred to the 

Board Representatives who are 

available. If no Board Representatives 

are available, then the Director of the 

Corporation shall perform essential 

Board functions. 

(c) During an emergency, meetings of 

the Board may be called by any 

available Member of the Board. The 

notice thereof shall specify the time and 

place of the meeting. To the extent 

possible, notice shall be given in 

accordance with these bylaws. Notice 

shall be given to those Board Members 

whom it is feasible to reach at the time 

of the emergency, and notice may be 

given at a time less than 24 hours before 

the meeting if deemed necessary by the 

person giving notice. 

§ 4002.11 Seal. 

The seal of the Corporation shall be in 

such form as may be approved from 

time to time by the Board. 

§ 4002.12 Amendments. 

These bylaws may be amended or 

new bylaws adopted by unanimous vote 

of the Board. 

Issued in Washington, DC, this 20th day of 

May, 2008. 

Charles E.F. Millard, 

Director, Pension Benefit Guaranty 

Corporation. 

Issued on the date set forth above pursuant 

to Resolution 2008–09 of the Board of 

Directors authorizing adoption of the revised 

Bylaws contained in this final rule. 

Judith R. Starr, 

Secretary, Board of Directors, Pension Benefit 

Guaranty Corporation. 

[FR Doc. E8–11667 Filed 5–22–08; 8:45 am] 

BILLING CODE 7709–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[USCG–2008–0375] 

Portland Rose Festival Fireworks 

Display 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the ‘‘Portland Rose Festival Fireworks 

Display safety zone on the Willamette 

River’’; from 8:30 p.m. through 11:30 

p.m. on May 30, 2008. This action is 

necessary to provide a safe display for 

the public and to keep them clear of the 

fall out area of the fireworks. During the 

enforcement period, no person or vessel 

may enter the safety zone without 

permission of the Captain of the Port. 

DATES: The regulations in 33 CFR 

165.1315(a)(2) will be enforced from 

8:30 p.m. through 11:30 p.m. on May 30, 

2008. 

FOR FURTHER INFORMATION CONTACT: BM2 

Joshua Lehner, Sector Portland 

Waterways Management at (503) 247–

4015. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety zone for 

the Portland Rose Festival fireworks 

display in 33 CFR 165.1315(a)(2) on 

May 30, 2008 from 8:30 p.m. to 11:30 

p.m. 

Under the provisions of 33 CFR 

165.1315, a vessel may not enter the 

regulated area, unless it receives 

permission from the COTP. The Coast 

Guard may be assisted by other Federal, 

state, or local law enforcement agencies 

in enforcing this regulation. 

This notice is issued under authority 

of 33 CFR 165.1315(a)(2) and 5 U.S.C. 

552(a). In addition to this notice in the 

Federal Register, the Coast Guard will 

provide the maritime community with 

advance notification of this enforcement 

period via the Local Notice to Mariners 

and a marine information broadcast. If 

the COTP determines that the regulated 

area need not be enforced for the full 

duration stated in this notice, he may 

use a Broadcast Notice to Mariners to 

grant general permission to enter the 

regulated area. 

Dated: May 7, 2008. 

F.G. Myer, 

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

Port Portland. 

[FR Doc. E8–11549 Filed 5–22–08; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R08–RCRA–2006–0127; FRL–8569–9] 

Utah: Final Authorization of State 

Hazardous Waste Management 

Program Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Solid Waste Disposal Act, 

as amended, commonly referred to as 

the Resource Conservation and 

Recovery Act (RCRA), allows the 

Environmental Protection Agency (EPA) 

to authorize states to operate their 

hazardous waste management programs 

in lieu of the federal program. Utah has 

applied to EPA for final authorization of 

the changes to its hazardous waste 

program under RCRA. EPA has 

determined that these changes satisfy all 

requirements needed to qualify for final 

authorization and is authorizing Utah’s 

changes through this final action. 

DATES: This final authorization will 

become effective on May 23, 2008. 

FOR FURTHER INFORMATION CONTACT: Carl 

Daly, Solid and Hazardous Waste 

Program, EPA Region 8, 1595 Wynkoop 

Street, Denver, Colorado 80202, (303) 

312–6416, daly.carl@epa.gov. 

SUPPLEMENTARY INFORMATION: 

A. Why Are Revisions to State 

Programs Necessary? 

States that have received final 

authorization from EPA under RCRA 

section 3006(b), 42 U.S.C. 6926(b), must 

maintain a hazardous waste program 

that is equivalent to, consistent with, 

and no less stringent than the federal 

program. As the federal program 

changes, states must change their 

programs and ask EPA to authorize the 

changes. Changes to state programs may 

be necessary when federal or state 

statutory or regulatory authority is 

modified or when certain other changes 

occur. Most commonly, states must 

change their programs because of 

changes to EPA’s regulations in 40 Code 

of Federal Regulations (CFR) Parts 124, 

260 through 266, 268, 270, 273 and 279. 


dwashington3 on PRODPC61 with RULES