72074 Federal Register / Vol. 70, No. 230 / Thursday, December 1, 2005 / Rules and Regulations 

4. The provisions of the 

Administrative Procedure Act (5 U.S.C. 

553) requiring notice of proposed 

rulemaking, the opportunity for public 

participation, and a delay in effective 

date, are inapplicable because this 

regulation involves a military and 

foreign affairs function of the United 

States (5 U.S.C. 553(a)(1)). Further, no 

other law requires that a notice of 

proposed rulemaking and an 

opportunity for public comment be 

given for this final rule. Because a 

notice of proposed rulemaking and an 

opportunity for public comment are not 

required to be given for this rule under 

the Administrative Procedure Act or by 

any other law, the analytical 

requirements of the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) are 

not applicable. Therefore, this 

regulation is issued in final form. 

Although there is no formal comment 

period, public comments on this 

regulation are welcome on a continuing 

basis. Comments should be submitted to 

Timothy Mooney, Office of Exporter 

Services, Bureau of Industry and 

Security, Department of Commerce, P.O. 

Box 273, Washington, DC 20044. 

List of Subjects in 15 CFR Part 748 

Administrative practice and 

procedure, Exports, Reporting and 

recordkeeping requirements. 

■ Accordingly, part 748 of the Export 

Administration Regulations (15 CFR 

parts 730–799) are amended as follows: 

PART 748—[AMENDED] 

■ 1. The authority citation for 15 CFR 

part 748 continues to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767, 

3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 

FR 44025, 3 CFR, 2001 Comp., p. 783; Notice 

of August 2, 2005, 70 FR 45273 (August 5, 

2005). 

■ 2. Section 748.9 is amended by 

revising paragraph (a)(2) to read as 

follows: 

§ 748.9 Support Documents for License 

Applications. 

(a) * * * 

(2) The ultimate consignee or 

purchaser is a foreign government(s) or 

foreign government agency(ies), other 

than the government of the People’s 

Republic of China. To determine 

whether the parties to your transaction 

meet the definition of ‘‘government 

agency’’ refer to the definition contained 

in part 772 of the EAR. Remember, if 

either the ultimate consignee or 

purchaser is not a foreign government or 

foreign government agency, a statement 

is required from the nongovernmental 

party. 

* * * * * 

Dated: November 28, 2005. 

Matthew S. Borman, 

Deputy Assistant Secretary for Export 

Administration. 

[FR Doc. 05–23533 Filed 11–30–05; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Chapter I 

Change of Address; Technical 

Amendment 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: The Food and Drug 

Administration (FDA) is amending its 

regulations to reflect a change in the 

address for the American Society for 

Testing Materials (ASTM). This action is 

editorial in nature and is intended to 

improve the accuracy of the agency’s 

regulations. 

DATES: This rule is effective December 1, 

2005. 

FOR FURTHER INFORMATION CONTACT: 

Joyce Strong, Office of Policy and 

Planning (HF–27), Food and Drug 

Administration, 5600 Fishers Lane, 

Rockville, MD 20857, 301–827–7010. 

SUPPLEMENTARY INFORMATION: This 

document amends FDA’s regulations to 

reflect the address change of ASTM by 

removing the outdated address 

wherever it appears and by adding the 

new address in its place in 21 CFR parts 

172, 175, 176, 177, 178, and 179. 

Publication of this document 

constitutes final action on these changes 

under the Administrative Procedure Act 

(5 U.S.C. 553). Notice and public 

procedure are unnecessary because FDA 

is merely correcting nonsubstantive 

errors. 

■ Therefore, under the Federal Food, 

Drug, and Cosmetic Act and under 

authority delegated to the Commissioner 

of Food and Drugs, 21 CFR chapter I is 

amended as follows: 

Chapter I [Nomenclature changes] 

■ 1. Parts 172, 175, 176, 177, 178, and 

179 are amended by removing ‘‘1916 

Race St., Philadelphia, PA 19103’’ or 

‘‘1916 Race Street, Philadelphia, PA 

19103’’ and adding in its place ‘‘100 

Barr Harbor Dr., West Conshohocken, 

Philadelphia, PA 19428–2959’’

wherever it appears. 

Dated: November 23, 2005. 

Jeffrey Shuren, 

Assistant Commissioner for Policy. 

[FR Doc. 05–23521 Filed 11–30–05; 8:45 am] 

BILLING CODE 4160–01–S 

PENSION BENEFIT GUARANTY 

CORPORATION 

29 CFR Parts 4011 and 4022 

Disclosure to Participants; Benefits 

Payable in Terminated SingleEmployer Plans 

AGENCY: Pension Benefit Guaranty 

Corporation. 

ACTION: Final rule. 

SUMMARY: This rule amends Appendix D 

to the Pension Benefit Guaranty 

Corporation’s regulation on Benefits 

Payable in Terminated Single-Employer 

Plans by adding the maximum 

guaranteeable pension benefit that may 

be paid by the PBGC with respect to a 

plan participant in a single-employer 

pension plan that terminates in 2006. 

This rule also amends the PBGC’s 

regulation on Disclosure to Participants 

by adding information on 2006 

maximum guaranteed benefit amounts 

to Appendix B. The amendment is 

necessary because the maximum 

guarantee amount changes each year, 

based on changes in the contribution 

and benefit base under section 230 of 

the Social Security Act. The effect of the 

amendment is to advise plan 

participants and beneficiaries of the 

increased maximum guarantee amount 

for 2006. 

EFFECTIVE DATE: January 1, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Catherine B. Klion, Attorney, Legislative 

and Regulatory Department, Pension 

Benefit Guaranty Corporation, 1200 K 

Street, NW., Washington, DC 20005–

4026; 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: Section 

4022(b) of the Employee Retirement 

Income Security Act of 1974 provides 

for certain limitations on benefits 

guaranteed by the PBGC in terminating 

single-employer pension plans covered 

under Title IV of ERISA. One of the 

limitations, set forth in section 

4022(b)(3)(B), is a dollar ceiling on the 

amount of the monthly benefit that may 

be paid to a plan participant (in the 

form of a life annuity beginning at age 

Federal Register / Vol. 70, No. 230 / Thursday, December 1, 2005 / Rules and Regulations 72075 

65) by the PBGC. The ceiling is equal to 

‘‘$750 multiplied by a fraction, the 

numerator of which is the contribution 

and benefit base (determined under 

section 230 of the Social Security Act) 

in effect at the time the plan terminates 

and the denominator of which is such 

contribution and benefit base in effect in 

calendar year 1974 [$13,200].’’ This 

formula is also set forth in § 4022.22(b) 

of the PBGC’s regulation on Benefits 

Payable in Terminated Single-Employer 

Plans (29 CFR part 4022). Appendix D 

to part 4022 lists, for each year 

beginning with 1974, the maximum 

guaranteeable benefit payable by the 

PBGC to participants in single-employer 

plans that have terminated in that year. 

Section 230(d) of the Social Security 

Act (42 U.S.C. 430(d)) provides special 

rules for determining the contribution 

and benefit base for purposes of ERISA 

section 4022(b)(3)(B). Each year the 

Social Security Administration 

determines, and notifies the PBGC of, 

the contribution and benefit base to be 

used by the PBGC under these 

provisions, and the PBGC publishes an 

amendment to Appendix D to part 4022 

to add the guarantee limit for the 

coming year. 

The PBGC has been notified by the 

Social Security Administration that, 

under section 230 of the Social Security 

Act, $69,900 is the contribution and 

benefit base that is to be used to 

calculate the PBGC maximum 

guaranteeable benefit for 2006. 

Accordingly, the formula under section 

4022(b)(3)(B) of ERISA and 29 CFR 

4022.22(b) is: $750 multiplied by 

$69,900/$13,200. Thus, the maximum 

monthly benefit guaranteeable by the 

PBGC in 2006 is $3,971.59 per month in 

the form of a life annuity beginning at 

age 65. This amendment updates 

Appendix D to part 4022 to add this 

maximum guaranteeable amount for 

plans that terminate in 2006. (If a 

benefit is payable in a different form or 

begins at a different age, the maximum 

guaranteeable amount is the actuarial 

equivalent of $3,971.59 per month.) 

For certain underfunded plans, 

section 4011 of ERISA requires the plan 

administrator to provide notice to plan 

participants and beneficiaries of the 

plan’s funding status and the limits of 

the PBGC’s guarantee. The PBGC’s 

regulation on Disclosure to Participants 

(29 CFR part 4011) implements the 

statutory notice requirement. This rule 

amends Appendix B to the regulation on 

Disclosure to Participants by adding 

information on 2006 maximum 

guaranteed benefit amounts. Plan 

administrators may, subject to the 

requirements of that regulation, include 

this information in participant notices. 

General notice of proposed 

rulemaking is unnecessary. The 

maximum guaranteeable benefit is 

determined according to the formula in 

section 4022(b)(3)(B) of ERISA, and 

these amendments make no change in 

its method of calculation but simply list 

2006 maximum guaranteeable benefit 

amounts for the information of the 

public. 

The 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 

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

601(2)). 

List of Subjects 

29 CFR Part 4011 

Employee benefit plans, Pension 

insurance, Reporting and recordkeeping 

requirements. 

29 CFR Part 4022 

Pension insurance, Pensions, 

Reporting and recordkeeping 

requirements. 

■ In consideration of the foregoing, 29 

CFR parts 4011 and 4022 are amended 

as follows: 

PART 4011—DISCLOSURE TO 

PARTICIPANTS 

■ 1. The authority citation for Part 4011 

continues to read as follows: 

Authority: 29 U.S.C. 1302(b)(3), 1311. 

■ 2. Appendix B to part 4011 is 

amended by adding a new entry to the 

end of the table to read as follows. 

APPENDIX B TO PART 4011.—TABLE OF MAXIMUM GUARANTEED BENEFITS

If a plan terminates in—

The maximum guaranteed benefit for an individual starting to receive benefits at the age listed below is the amount 

(monthly or annual) listed below: 

Age 65 Age 62 Age 60 Age 55 

Monthly Annual Monthly Annual Monthly Annual Monthly Annual 

* * * * * * * 

2006 ................................ $3,971.59 $47,659.08 $3,137.56 $37,650.72 $2,581.53 $30,978.36 $1,787.22 $21,446.64 

* * * * * 

PART 4022—BENEFITS PAYABLE IN 

TERMINATED SINGLE-EMPLOYER 

PLANS 

■ 3. 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. 

■ 4. Appendix D to part 4022 is 

amended by adding a new entry to the 

end of the table to read as follows. The 

introductory text is reproduced for the 

convenience of the reader and remains 

unchanged. 

Appendix D to Part 4022—Maximum 

Guaranteeable Monthly Benefit 

The following table lists by year the 

maximum guaranteeable monthly benefit 

payable in the form of a life annuity 

commencing at age 65 as described by 

§ 4022.22(b) to a participant in a plan that 

terminated in that year: 

Year 

Maximum 

guaranteeable 

monthly benefit 

* * * * * 

2006 .................................. 3,971.59 

Issued in Washington, DC, this 16th day of 

November, 2005. 

Vincent K. Snowbarger, 

Deputy Executive Director, Pension Benefit 

Guaranty Corporation. 

[FR Doc. 05–23517 Filed 11–30–05; 8:45 am] 

BILLING CODE 7708–01–P