Federal Register / Vol. 74, No. 156 / Friday, August 14, 2009 / Rules and Regulations 41037 

§ 801.12 Rules and regulations for the BE– 

140, Benchmark Survey of Insurance 

Transactions by U.S. Insurance Companies 

with Foreign Persons. 

(a) The BE–140, Benchmark Survey of 

Insurance Transactions by U.S. 

Insurance Companies with Foreign 

Persons, will be conducted covering 

calendar year 2008 and every fifth year 

thereafter. All legal authorities, 

provisions, definitions, and 

requirements contained in § 801.1 

through § 801.9(a) are applicable to this 

survey. More detailed instructions and 

descriptions of the individual types of 

transactions covered are given on the 

report form itself. The BE–140 consists 

of three parts and two schedules. Part 1 

requests information on whom to 

consult concerning questions about the 

report and the certification section. Part 

2 requests information about the 

reporting insurance company. Part 3 

requests information needed to 

determine whether a report is required, 

the types of transactions that would be 

reported, and which schedules apply. 

Each of the two schedules covers the 

types of insurance services to be 

reported and the ownership relationship 

between the U.S. insurance company 

and foreign transactor and is to be 

completed only if the U.S. insurance 

company has transactions of the types 

covered by the particular schedule. 

(b) Who must report. 

(1) Mandatory reporting. A BE–140 

report is required from each U.S. 

insurance company with respect to the 

transactions listed below, if any of the 

eight items was greater than $2 million 

or less than negative $2 million for the 

calendar year covered by the survey on 

an accrual basis: 

(i) Premiums earned, and 

(ii) Losses, on reinsurance assumed; 

(iii) Premiums incurred, and 

(iv) Losses, on reinsurance ceded; 

(v) Premiums earned, and 

(vi) Losses, on primary insurance 

sold; 

(vii) Sales of, and 

(viii) Purchases of, auxiliary 

insurance services. 

U.S. insurance companies that file 

pursuant to this mandatory reporting 

requirement must complete parts 1 

through 3 of Form BE–140 and all 

applicable schedules. The total amounts 

of transactions applicable to a particular 

schedule are to be entered in the 

appropriate column(s) and these 

amounts must be distributed among the 

countries involved in the transactions. 

(2) Voluntary reporting. If, during the 

calendar year covered, the U.S. 

insurance company’s transactions do 

not exceed the exemption level for any 

of the types of transactions covered by 

the survey, the U.S. person is requested 

to provide an estimate of the total for 

each type of transaction. Submission of 

this information is voluntary. The 

estimates may be judgmental, that is, 

based on recall, without conducting a 

detailed records search. 

(3) Any U.S. insurance company that 

receives the BE–140 survey form from 

BEA, but is not reporting data in either 

the mandatory or voluntary section of 

the form, must complete Parts 1 through 

3 of the survey. This requirement is 

necessary to ensure compliance with 

reporting requirements and efficient 

administration of the Act by eliminating 

unnecessary follow-up contact. 

(c) Covered types of insurance 

transactions. The BE–140 survey is 

intended to collect information on U.S. 

international insurance transactions. 

The types of insurance transactions 

covered are: Reinsurance assumed from 

or ceded to insurance companies 

resident abroad, primary insurance sold 

to foreign persons, and receipts and 

payments of auxiliary insurance 

services. 

[FR Doc. E9–19517 Filed 8–13–09; 8:45 am] 

BILLING CODE 3510–06–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Part 385 

[Docket No. RM09–20–000; Order No. 725] 

Service of Interlocutory Appeals 

Issued August 10, 2009. 

AGENCY: Federal Energy Regulatory 

Commission, DOE. 

ACTION: Final rule. 

SUMMARY: The Commission is amending 

regulations which specify on whom 

persons appealing a presiding officer’s 

denial of a motion to permit an 

interlocutory appeal must serve copies 

of the appeal. The amendment requires 

that any person filing an appeal must 

separately serve a copy on not only the 

Motions Commissioner but also on the 

General Counsel. 

DATES: Effective Date: This rule will 

become effective September 14, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Lawrence Greenfield, Deputy Associate 

General Counsel, Office of the General 

Counsel, 888 First Street, NE., 

Washington, DC 20426, (202) 502– 

6415, lawrence.greenfield@ferc.gov. 

Kirsten M. Bowden, Office of the 

General Counsel, 888 First Street, NE., 

Washington, DC 20426, (202) 502– 

8877, kirsten.bowden@ferc.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

Paragraph 

Nos. 

I. Introduction ........................................................................................................................................................................................... 1 

II. Background ........................................................................................................................................................................................... 2 

III. Discussion ........................................................................................................................................................................................... 5 

IV. Information Collection Statement ...................................................................................................................................................... 9 

V. Environmental Analysis ...................................................................................................................................................................... 10 

VI. Regulatory Flexibility Act .................................................................................................................................................................. 11 

VII. Document Availability ...................................................................................................................................................................... 12 

VIII. Effective Date .................................................................................................................................................................................... 15 

I. Introduction 

1. By this instant final rule, the 

Commission is amending Rule 715(c)(1) 

of its Rules of Practice and Procedure, 

18 CFR 385.715(c)(1), which governs the 

appeal process when a presiding officer 

has denied a motion to permit an 

interlocutory appeal. This amendment 

specifies on whom persons appealing a 

presiding officer’s denial of a motion to 

permit an interlocutory appeal must 

serve copies of the appeal. Given that 

the Motions Commissioner has only 

seven days to act on an interlocutory 

appeal, it is important that the Motions 

Commissioner be made aware of the 

appeal as quickly as possible. 

Accordingly, the amendment adopted 

here requires that any person filing an 

appeal must serve a copy not only on 

the Motions Commissioner but also on 

the General Counsel. 

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41038 Federal Register / Vol. 74, No. 156 / Friday, August 14, 2009 / Rules and Regulations 

1Revision of Rules of Practice and Procedure To 

Expedite Trial-Type Hearings, Order No. 225, 47 FR 

19014 (May 3, 1982), FERC Stats. & Regs. ¶ 30,358 

(1982), order on reh’g, Order No. 225–A, 47 FR 

35952 (August 18, 1982), FERC Stats. & Regs. 

¶ 30,385 (1982). 

2 18 CFR 385.715. 

3Rules of Practice and Procedure; Interlocutory 

Appeals, Order No. 402, 49 FR 39538 (October 9, 

1984), FERC Stats. & Regs. ¶ 30,604 (1984). 

4 18 CFR 385.715. 

5 Id.; Rules of Practice and Procedure; 

Interlocutory Appeals, Order No. 402, 49 FR 39538 

(October 9, 1984), FERC Stats. & Regs. ¶ 30,604 

(1984). 

6 18 CFR 385.715; Rules of Practice and 

Procedure; Interlocutory Appeals, Order No. 402, 49 

FR 39538 (October 9, 1984), FERC Stats. & Regs. 

¶ 30,604 (1984). 

7 5 CFR 1320.12. 

8Regulations Implementing the National 

Environmental Policy Act, Order No. 486, 52 FR 

47897 (Dec. 17, 1987), FERC Stats. & Regs. ¶ 30,783 

(1987). 

9 18 CFR 380.4(a)(1). 

10 5 U.S.C. 601–12. 

II. Background 

2. On April 28, 1982, the Commission 

promulgated Order No. 225,1

reorganizing revising, and updating its 

Rules of Practice and Procedure. 

3. In Order No. 225, the Commission 

adopted Rule 715, which governs 

interlocutory appeals to the Commission 

and sets forth the relevant standard by 

which a presiding officer or the Motions 

Commissioner determines whether to 

permit or deny an interlocutory appeal 

to the Commission. These procedures 

allow a question raised in a proceeding 

pending before a judge, or other 

presiding officer, to be determined by 

the Commission at a time prior to 

presentation of the entire case to the 

Commission for decision or review.2

4. In Order No. 402, the Commission 

revised Rule 715 and required that those 

filing an appeal of a denial of a motion 

to permit an interlocutory appeal 

separately serve an additional copy of 

the appeal on the Motions 

Commissioner.3

III. Discussion 

5. The Commission is amending Rule 

715(c)(1) to require persons filing an 

interlocutory appeal to serve an 

additional copy of the appeal of a denial 

of a motion to permit an interlocutory 

appeal on the General Counsel. 

6. The Motions Commissioner has 

seven days after an appeal is filed to 

make a determination as to whether or 

not the participant that has filed the 

appeal has demonstrated extraordinary 

circumstances that warrant Commission 

action.4 Within those seven days, the 

Motions Commissioner must: (1) Obtain 

the participant’s filing; (2) consider 

whether the information presented is 

sufficiently complete; and (3) determine 

whether extraordinary circumstances 

exist which make prompt Commission 

review of the contested ruling necessary 

to prevent detriment to the public 

interest or to prevent irreparable harm 

to a person. If no extraordinary 

circumstances determination is made 

within seven days after the appeal is 

filed and if the Motions Commissioner 

has not otherwise provided for a 

different time period to receive and 

consider additional information, the 

appeal is automatically denied under 

Rule 715(c)(5).5

7. The Motions Commissioner, as 

noted, has only seven days to decide 

whether an appeal meets the 

extraordinary circumstances standard. 

Thus, it is important that the Motions 

Commissioner be made aware of the 

appeal as quickly as possible.6

8. The Commission believes that 

serving a copy of the appeal on the 

General Counsel, in addition to the 

Motions Commissioner, will better 

ensure that the Motions Commissioner 

receives the appeal in sufficient time to 

reach a decision. 

IV. Information Collection Statement 

9. Office of Management and Budget 

(OMB) regulations require OMB to 

approve certain information collection 

requirements imposed by agency rule.7

However, this instant Final Rule does 

not contain any information collection 

requirements and compliance with 

OMB regulations is thus not required. 

V. Environmental Analysis 

10. The Commission is required to 

prepare an Environmental Assessment 

or an Environmental Impact Statement 

for any action that may have a 

significant adverse effect on the human 

environment.8 Issuance of this Final 

Rule does not represent a major federal 

action having a significant adverse effect 

on the human environment under the 

Commission’s regulations implementing 

the National Environmental Policy Act 

of 1969. Part 380 of the Commission’s 

regulations lists exemptions to the 

requirement to draft an Environmental 

Analysis or Environmental Impact 

Statement. Included is an exemption for 

procedural, ministerial or internal 

administrative actions.9 This 

rulemaking is exempt under that 

provision. 

VI. Regulatory Flexibility Act 

11. The Regulatory Flexibility Act of 

1980 (RFA) 10 generally requires a 

description and analysis of final rules 

that will have significant economic 

impact on a substantial number of small 

entities. This instant Final Rule 

concerns agency procedures. The 

Commission certifies that it will not 

have a significant economic impact 

upon participants in Commission 

proceedings. An analysis under the RFA 

is not required. 

VII. Document Availability 

12. In addition to publishing the full 

text of this document in the Federal 

Register, the Commission provides all 

interested persons an opportunity to 

view and/or print the contents of this 

document via the Internet through the 

Commission’s Home Page (http:// 

www.ferc.gov) and in the Commission’s 

Public Reference Room during normal 

business hours (8:30 a.m. to 5 p.m. 

Eastern time) at 888 First Street, NE., 

Room 2A, Washington DC 20426. 

13. From the Commission’s Home 

Page on the Internet, this information is 

available on eLibrary. The full text of 

this document is available on eLibrary 

in PDF and Microsoft Word format for 

viewing, printing, and/or downloading. 

To access this document in eLibrary, 

type the docket number excluding the 

last three digits of this document in the 

docket number field. 

14. User assistance is available for 

eLibrary and the Commission’s Web site 

during normal business hours from 

FERC Online Support at 202–502–6652 

(toll free at 1–866–208–3676) or e-mail 

at ferconlinesupport@ferc.gov, or the 

Public Reference Room at (202) 502– 

8371, TTY (202) 502–8659. E-mail the 

Public Reference Room at 

public.referenceroom@ferc.gov. 

VIII. Effective Date 

15. The Commission is issuing this 

rule as an instant Final Rule without a 

period for public comment. Under 5 

U.S.C. 553(b), notice and comment 

procedures are unnecessary where a 

rulemaking concerns only agency 

procedure or practice, or where the 

agency finds that notice and comment is 

unnecessary. This rule concerns only 

matters of agency procedure and will 

not significantly affect regulated entities 

or the general public. 

16. These regulations are effective 

September 14, 2009. 

List of Subjects in 18 CFR Part 385 

Administrative practice and 

procedure, Electric utilities, Penalties, 

Pipelines, Reporting and recordkeeping 

requirements. 

By the Commission. 

Kimberly D. Bose, 

Secretary. 

■ In consideration of the foregoing, the 

Commission amends Part 385, Chapter I, 

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Federal Register / Vol. 74, No. 156 / Friday, August 14, 2009 / Rules and Regulations 41039 

Title 18, Code of Federal Regulations, as 

follows: 

PART 385—RULES OF PRACTICE AND 

PROCEDURE 

■ 1. The authority citation for part 385 

continues to read as follows: 

Authority: 5 U.S.C. 551–557; 15 U.S.C. 

717–717z, 3301–3432; 16 U.S.C. 791a–825v, 

2601–2645; 28 U.S.C. 2461; 31 U.S.C. 3701, 

9701; 42 U.S.C. 7101–7352, 16441, 16451– 

16463; 49 U.S.C. 60502; 49 App. U.S.C. 1–85 

(1988). 

■ 2. Section 385.715, paragraph (c)(1), is 

revised to read as follows: 

§ 385.715 Interlocutory appeals to the 

Commission from rulings of presiding 

officers (Rule 715). 

* * * * * 

(c) Appeal of a presiding officer’s 

denial of motion to permit appeal. (1) If 

a motion to permit appeal is denied by 

the presiding officer, the participant 

who made the motion may appeal the 

denial to the Commissioner who is 

designated Motions Commissioner, in 

accordance with this paragraph. For 

purposes of this section, ‘‘Motions 

Commissioner’’ means the Chairman or 

a member of the Commission designated 

by the Chairman to rule on motions to 

permit interlocutory appeal. Any person 

filing an appeal under this paragraph 

must serve separate copies of the appeal 

on the Motions Commissioner and on 

the General Counsel by Express Mail or 

by hand delivery. 

* * * * * 

[FR Doc. E9–19471 Filed 8–13–09; 8:45 am] 

BILLING CODE 6717–01–P 

PENSION BENEFIT GUARANTY 

CORPORATION 

29 CFR Part 4022 

Benefits Payable in Terminated SingleEmployer Plans; Interest Assumptions 

for Valuing and Paying Benefits 

AGENCY: Pension Benefit Guaranty 

Corporation. 

ACTION: Final rule. 

SUMMARY: Pension Benefit Guaranty 

Corporation’s regulation on Benefits 

Payable in Terminated Single-Employer 

Plans prescribes interest assumptions 

for valuing and paying certain benefits 

under terminating single-employer 

plans. This final rule amends the benefit 

payments regulation to adopt interest 

assumptions for plans with valuation 

dates in September 2009. Interest 

assumptions are also published on 

PBGC’s Web site (http://www.pbgc.gov). 

DATES: Effective September 1, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Catherine B. Klion, Manager, Regulatory 

and Policy Division, Legislative and 

Regulatory Department, 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 

regulations prescribe actuarial 

assumptions—including interest 

assumptions—for valuing and paying 

plan benefits of terminating singleemployer plans covered by title IV of 

the Employee Retirement Income 

Security Act of 1974. The interest 

assumptions are intended to reflect 

current conditions in the financial and 

annuity markets. 

These interest assumptions are found 

in two PBGC regulations: the regulation 

on Benefits Payable in Terminated 

Single-Employer Plans (29 CFR Part 

4022) and the regulation on Allocation 

of Assets in Single-Employer Plans (29 

CFR Part 4044). Assumptions under the 

asset allocation regulation are updated 

quarterly; assumptions under the benefit 

payments regulation are updated 

monthly. This final rule updates only 

the assumptions under the benefit 

payments regulation. 

Two sets of interest assumptions are 

prescribed under the benefit payments 

regulation: (1) a set for PBGC to use to 

determine whether a benefit is payable 

as a lump sum and to determine lumpsum amounts to be paid by PBGC (found 

in Appendix B to Part 4022), and (2) a 

set for private-sector pension 

practitioners to refer to if they wish to 

use lump-sum interest rates determined 

using PBGC’s historical methodology 

(found in Appendix C to Part 4022). 

This amendment (1) adds to 

Appendix B to Part 4022 the interest 

assumptions for PBGC to use for its own 

lump-sum payments in plans with 

valuation dates during September 2009, 

and (2) adds to Appendix C to Part 4022 

the interest assumptions for privatesector pension practitioners to refer to if 

they wish to use lump-sum interest rates 

determined using PBGC’s historical 

methodology for valuation dates during 

September 2009. 

The interest assumptions that PBGC 

will use for its own lump-sum payments 

(set forth in Appendix B to part 4022) 

will be 3.00 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. These interest assumptions 

represent no change from those in effect 

for August 2009. For private-sector 

payments, the interest assumptions (set 

forth in Appendix C to part 4022) will 

be the same as those used by PBGC for 

determining and paying lump sums (set 

forth in Appendix B to part 4022). 

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 valuation 

and payment of benefits in plans with 

valuation dates during September 2009, 

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 

191, as set forth below, is added to the 

table. 

Appendix B to Part 4022—Lump Sum 

Interest Rates for PBGC Payments 

* * * * * 

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