62426 Federal Register / Vol. 78, No. 204 / Tuesday, October 22, 2013 / Rules and Regulations 

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. 

stock occurring in taxable years prior to 

November 4, 1992. 

Beth Tucker, 

Deputy Commissioner for Operations 

Support. 

Approved: August 19, 2013. 

Mark J. Mazur, 

Assistant Secretary of the Treasury (Tax 

Policy). 

[FR Doc. 2013–24538 Filed 10–21–13; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[TD 9630] 

RIN 1545–BK71 

Use of Differential Income Stream as 

an Application of the Income Method 

and as a Consideration in Assessing 

the Best Method; Correction 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Correcting amendment. 

SUMMARY: This document contains 

corrections to final regulations and 

removal of temporary regulations (TD 

9630) that were published in the 

Federal Register on Tuesday, August 

27, 2013 (78 FR 52854). The final 

regulations implement the use of the 

differential income stream as a 

consideration in assessing the best 

method in connection with a cost 

sharing arrangement and as a specified 

application of the income method. 

DATES: This correction is effective 

October 22, 2013, and is applicable 

beginning on or after December 19, 

2011. 

FOR FURTHER INFORMATION CONTACT: 

Mumal R. Hemrajani, at (202) 622–3800 

(not a toll free number). 

SUPPLEMENTARY INFORMATION: 

Background 

The final regulations and removal of 

temporary regulations (TD 9630) that are 

the subject of this correction are under 

section 482 of the Internal Revenue 

Code. 

Need for Correction 

As published, the final regulations 

and removal of temporary regulations 

(TD 9630) contains an error that may 

prove to be misleading and is in need 

of clarification. 

List of Subjects in 26 CFR Part 1 

Income taxes, Reporting and 

recordkeeping requirements. 

Correction of Publication 

Accordingly, 26 CFR part 1 is 

corrected by making the following 

correcting amendment: 

PART 1—INCOME TAXES 

■ Paragraph 1. The authority citation 

for part 1 continues to read in part as 

follows: 

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

■ Par. 2. Section 1.482–7 is amended by 

revising the last sentence of paragraph 

(g)(4)(vi)(F)(2) to read as follows: 

§ 1.482–7 Methods to determine taxable 

income in connection with a cost sharing 

arrangement. 

* * * * * 

(g) * * * 

(4) * * * 

(vi) * * * 

(F) * * * 

(2) * * * See Example 8 of paragraph 

(g)(4)(viii) of this section. 

* * * * * 

Martin V. Franks, 

Chief, Publications and Regulations Branch, 

Legal Processing Division, Associate Chief 

Counsel (Procedure and Administration). 

[FR Doc. 2013–24537 Filed 10–21–13; 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. 

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 

November 2013. The interest 

assumptions are used for paying 

benefits under terminating singleemployer plans covered by the pension 

insurance system administered by 

PBGC. 

DATES: Effective November 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 toll-free 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 November 2013.1

The November 2013 interest 

assumptions under the benefit payments 

regulation will be 1.75 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 October 2013, 

these interest assumptions are 

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 November 2013, PBGC 

finds that good cause exists for making 

the assumptions set forth in this 

amendment effective less than 30 days 

after publication. 


emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 78, No. 204 / Tuesday, October 22, 2013 / Rules and Regulations 62427 

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 

241, 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

*******

241 11–1–13 12–1–13 1.75 4.00 4.00 4.00 7 8 

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

241, 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

*******

241 11–1–13 12–1–13 1.75 4.00 4.00 4.00 7 8 

Issued in Washington, DC, on this 9th day 

of October 2013. 

Judith Starr, 

General Counsel, Pension Benefit Guaranty 

Corporation. 

[FR Doc. 2013–24592 Filed 10–21–13; 8:45 am] 

BILLING CODE 7709–02–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 199 

[DOD–2011–HA–0085] 

RIN–0720–AB54 

TRICARE; Removal of the Prohibition 

To Use Addictive Drugs in the 

Maintenance Treatment of Substance 

Dependence in TRICARE Beneficiaries 

AGENCY: Office of the Secretary, 

Department of Defense. 

ACTION: Final rule. 

SUMMARY: The Department of Defense 

(DoD) is publishing this final rule to 

remove the exclusion of drug 

maintenance programs and allow 

TRICARE coverage of the substitution of 

a therapeutic drug, with addictive 

potential, for a drug of addiction when 

medically necessary and appropriate as 

part of a comprehensive treatment plan 

for an individual with substance use 

dependence. The current regulation 

prohibits coverage of drug maintenance 

programs where one addictive substance 

is substituted for another. The final rule 

allows TRICARE to cover, as part of 

otherwise authorized treatment of 

substance use disorder, utilization of a 

specific category of psychoactive agent 

when medically necessary and 

appropriate. Removal of the exclusion is 

based on recognition of the accumulated 

medical evidence supporting the use of 

certain pharmacotherapies as one 

component in the continuum of opioid 

treatment services. Medication assisted 

treatment, to include drug maintenance 

involving substitution of a therapeutic 

drug with addiction potential, for a drug 

of addiction, is now generally accepted 

by qualified professionals to be 

reasonable and adequate as a 

component in the safe and effective 

treatment of substance use disorders 

treatment services, and thus appropriate 

for inclusion as a component in the 

TRICARE authorized substance use 

disorder treatment for beneficiaries. 

DATES: Effective Date: This rule is 

effective November 21, 2013. 

FOR FURTHER INFORMATION CONTACT: John 

Davison, Ph.D., TRICARE Management 

Activity, Office of the Chief Medical 

Officer, telephone (703) 681–0086. 

SUPPLEMENTARY INFORMATION: 

I. Executive Summary 

A. Purpose of the Final Rule 

1. Need for the Regulatory Action 

The original implementing 

regulations for the Civilian Health and 

Medical Program of the Uniformed 

Services (CHAMPUS), first issued in 

1977, excluded drug maintenance 

programs from coverage. The DoD, 

consistent with chapter 55 of title 10, 

United States Code and other third party 

payors, covered medical services and 

supplies which were medically or 

psychologically necessary to prevent, 

diagnose, or treat a mental or physical 

illness, injury or bodily malfunction. At 

that time, drug maintenance programs 

were not the standard of care and were 


emcdonald on DSK67QTVN1PROD with RULES