6854 Federal Register / Vol. 75, No. 29 / Friday, February 12, 2010 / Rules and Regulations 

TABLE 1—COMPLIANCE TIMES FOR DETAILED VISUAL INSPECTION—Continued 

Model Compliance time 

(whichever occurs later) 

(iii) ‘LR’ A310–304, A310–322, A310-324, and A310–325 long range 

airplanes.

(A) Prior to accumulation of 12,800 flight cycles or 64,300 flight hours 

since first flight of the airplane, whichever occurs first; or 

(B) Within 300 flight cycles or 1,450 flight hours, whichever occurs first, 

after the effective date of this AD. 

(2) As of the effective date of this AD, if 

any repair has already been done as a result 

of finding skin cracks at rib 2 in the area to 

be inspected, the inspection requirements of 

this AD are not required for the repaired area. 

Instead, for previously repaired areas, 

continue the inspection in accordance with 

the procedures specified in paragraph (g) of 

this AD. The rest of the rib 2 area not covered 

by the repair must be inspected in 

accordance with the requirements of this AD. 

(3) If no crack is found, repeat the 

inspection required by paragraph (f)(1) of this 

AD thereafter at the intervals not to exceed 

those specified in Table 2 of this AD, as 

applicable. 

TABLE 2—COMPLIANCE TIMES FOR REPETITIVE INSPECTION INTERVAL

Model Repetitive inspection interval 

A310–203, A310–204, A310–221, and A310–222 airplanes ................... Within 1,700 flight cycles or 3,500 flight hours, whichever occurs first. 

‘SR’ A310–304, A310–322, A310–324, and A310–325 short range airplanes.Within 1,600 flight cycles or 4,600 flight hours, whichever occurs first. 

‘LR’ A310–304, A310–322, A310–324, and A310–325 long range airplanes.Within 1,200 flight cycles or 6,100 flight hours, whichever occurs first. 

(4) If any crack is found during any 

inspection required by paragraph (f)(1) or 

(f)(3) of this AD, before further flight, repair 

in accordance with the Accomplishment 

Instructions of Airbus Mandatory Service 

Bulletin A310–57–2096, dated May 6, 2008. 

For previously repaired areas, continue the 

inspection in accordance with the procedures 

specified in paragraph (g) of this AD. 

(5) After each inspection required by this 

AD, submit an inspection report in 

accordance with Airbus Mandatory Service 

Bulletin A310–57–2096, dated May 6, 2008; 

at the times specified in paragraphs (f)(5)(i) 

or (f)(5)(ii) of this AD, as applicable. 

(i) If the inspection is done on or after the 

effective date of this AD: Submit the report 

within 30 days after the inspection. 

(ii) If the inspection was accomplished 

prior to the effective date of this AD: Submit 

the report within 30 days after the effective 

date of this AD. 

FAA AD Differences 

Note 2: This AD differs from the MCAI 

and/or service information as follows: No 

differences. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

Send information to ATTN: Dan Rodina, 

Aerospace Engineer, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–2125; fax (425) 227–1149. Before using 

any approved AMOC on any airplane to 

which the AMOC applies, notify your 

principal maintenance inspector (PMI) or 

principal avionics inspector (PAI), as 

appropriate, or lacking a principal inspector, 

your local Flight Standards District Office. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act 

(44 U.S.C. 3501 et seq.), the Office of 

Management and Budget (OMB) has 

approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to MCAI European Aviation 

Safety Agency Airworthiness Directive 2008– 

0211, dated December 4, 2008; and Airbus 

Mandatory Service Bulletin A310–57–2096, 

dated May 6, 2008; for related information. 

Material Incorporated by Reference 

(i) You must use Airbus Mandatory Service 

Bulletin A310–57–2096, including Appendix 

1, dated May 6, 2008, to do the actions 

required by this AD, unless the AD specifies 

otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Airbus, Airbus SAS—EAW 

(Airworthiness Office), 1 Rond Point Maurice 

Bellonte, 31707 Blagnac Cedex, France; 

telephone +33 5 61 93 36 96; fax +33 5 61 

93 44 51; e-mail: account.airwortheas@airbus.com; Internet http:// 

www.airbus.com. 

(3) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221 or 425–227–1152. 

(4) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, or go 

to: http://www.archives.gov/federal_register/

code_of_federal_regulations/ibr_

locations.html. 

Issued in Renton, Washington, on January 

28, 2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–2607 Filed 2–11–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0994; Directorate 

Identifier 2009–NM–108–AD; Amendment 

39–16194; AD 2010–04–01] 

RIN 2120–AA64 

Airworthiness Directives; DassaultAviation Model Falcon 900EX 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 


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Federal Register / Vol. 75, No. 29 / Friday, February 12, 2010 / Rules and Regulations 6855 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD results 

from mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

A quality control performed during 

completion of one Falcon 900EX aeroplane 

has shown that the crew and passenger RightHand (RH) oxygen lines may both interfere 

with the frame 8 of the aeroplane structure. 

A subsequent design review of the oxygen 

lines routing has confirmed that, on certain 

aeroplanes, equipped in RH mid-cabin with 

a 115 cu-ft oxygen cylinder, the installation 

of the line support assembly at frame 8 needs 

to be accomplished with precaution; 

otherwise, the oxygen lines might interfere 

with the structure, and this condition could 

lead to an oxygen leak. 

* * * * * 

The unsafe condition is an oxygen leak, 

which would result in insufficient 

oxygen flow to passenger oxygen masks 

during a depressurization event. We are 

issuing this AD to require actions to 

correct the unsafe condition on these 

products. 

DATES: This AD becomes effective 

March 19, 2010. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of March 19, 2010. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at the 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC. 

FOR FURTHER INFORMATION CONTACT: Tom 

Rodriguez, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–1137; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on October 28, 2009 (74 FR 

55488). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states: 

A quality control performed during 

completion of one Falcon 900EX aeroplane 

has shown that the crew and passenger RightHand (RH) oxygen lines may both interfere 

with the frame 8 of the aeroplane structure. 

A subsequent design review of the oxygen 

lines routing has confirmed that, on certain 

aeroplanes, equipped in RH mid-cabin with 

a 115 cu-ft oxygen cylinder, the installation 

of the line support assembly at frame 8 needs 

to be accomplished with precaution; 

otherwise, the oxygen lines might interfere 

with the structure, and this condition could 

lead to an oxygen leak. 

As a result, [EASA] Airworthiness 

Directive 2009–0104 was issued to require 

inspection of the oxygen lines [for signs of 

interference or chafing damage], replacement 

of any damaged lines and modification of 

their support assembly. Since then, it has 

been found that the applicability of the AD 

had not been correctly defined. 

This [new EASA] AD retains the 

requirements of AD 2009–0104 which is 

superseded and corrects the applicability. 

The unsafe condition is an oxygen leak, 

which would result in insufficient 

oxygen flow to passenger oxygen masks 

during a depressurization event. 

Modifying the support assembly of the 

oxygen lines includes drilling holes to 

install improved support bracket 

assemblies at frame 8, stringers 11 and 

13, and installing the improved 

assemblies. You may obtain further 

information by examining the MCAI in 

the AD docket. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

received no comments on the NPRM or 

on the determination of the cost to the 

public. 

Explanation of Change Made to This 

AD 

We have revised this AD to identify 

the legal name of the manufacturer as 

published in the most recent type 

certificate data sheet for the affected 

airplane models. 

Explanation of Change to Costs of 

Compliance 

Since issuance of the NPRM, we have 

increased the labor rate used in the 

Costs of Compliance from $80 per workhour to $85 per work-hour. The Costs of 

Compliance information, below, reflects 

this increase in the specified hourly 

labor rate. 

Conclusion 

We reviewed the available data and 

determined that air safety and the 

public interest require adopting the AD 

with the changes described previously. 

We determined that these changes will 

not increase the economic burden on 

any operator or increase the scope of the 

AD. 

Differences Between This AD and the 

MCAI or Service Information 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. But 

we might have found it necessary to use 

different words from those in the MCAI 

to ensure the AD is clear for U.S. 

operators and is enforceable. In making 

these changes, we do not intend to differ 

substantively from the information 

provided in the MCAI and related 

service information. 

We might also have required different 

actions in this AD from those in the 

MCAI in order to follow our FAA 

policies. Any such differences are 

highlighted in a Note within the AD. 

Costs of Compliance 

We estimate that this AD will affect 

about 23 products of U.S. registry. We 

also estimate that it will take about 4 

work-hours per product to comply with 

the basic requirements of this AD. The 

average labor rate is $85 per work-hour. 

Required parts will cost about $0 per 

product. Where the service information 

lists required parts costs that are 

covered under warranty, we have 

assumed that there will be no charge for 

these parts. As we do not control 

warranty coverage for affected parties, 

some parties may incur costs higher 

than estimated here. Based on these 

figures, we estimate the cost of this AD 

to the U.S. operators to be $7,820, or 

$340 per product. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. ‘‘Subtitle VII: 

Aviation Programs,’’ describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this AD will not 

have federalism implications under 

Executive Order 13132. This AD will 

not have a substantial direct effect on 


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6856 Federal Register / Vol. 75, No. 29 / Friday, February 12, 2010 / Rules and Regulations 

the States, on the relationship between 

the national government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify this AD: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); and 

3. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this AD and placed it in the AD docket. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains the NPRM, the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket Operations office (telephone 

(800) 647–5527) is in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after receipt. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new AD: 

2010–04–01 Dassault-Aviation: 

Amendment 39–16194. Docket No. 

FAA–2009–0994; Directorate Identifier 

2009–NM–108–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective March 19, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Dassault-Aviation 

Model Falcon 900EX airplanes, certificated 

in any category, with serial numbers 120 

through 123 inclusive, 125 through 127 

inclusive, 129, 132, 134 through 145 

inclusive, 147, 151, 153, 155, 157 through 

159 inclusive, 163, 165, 168 through 170 

inclusive, 172, 174, 178, 182, 183, 194, 196, 

197, 199, and 206. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 35: Oxygen. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

A quality control performed during 

completion of one Falcon 900EX aeroplane 

has shown that the crew and passenger RightHand (RH) oxygen lines may both interfere 

with the frame 8 of the aeroplane structure. 

A subsequent design review of the oxygen 

lines routing has confirmed that, on certain 

aeroplanes, equipped in RH mid-cabin with 

a 115 cu-ft oxygen cylinder, the installation 

of the line support assembly at frame 8 needs 

to be accomplished with precaution; 

otherwise, the oxygen lines might interfere 

with the structure, and this condition could 

lead to an oxygen leak. 

As a result, [European Aviation Safety 

Agency (EASA)] Airworthiness Directive 

2009–0104 was issued to require inspection 

of the oxygen lines [for signs of interference 

and chafing damage], replacement of any 

damaged lines and modification of their 

support assembly. Since then, it has been 

found that the applicability of the AD had 

not been correctly defined. 

This [EASA] AD retains the requirements 

of AD 2009–0104 which is superseded and 

corrects the applicability. 

The unsafe condition is an oxygen leak, 

which would result in insufficient oxygen 

flow to passenger oxygen masks during a 

depressurization event. Modifying the 

support assembly of the oxygen lines 

includes drilling holes to install improved 

support bracket assemblies at frame 8, 

stringers 11 and 13, and installing the 

improved assemblies. 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) Within 2 months after the effective date 

of this AD, inspect the oxygen lines in 

accordance with Part 1 of the 

Accomplishment Instructions of Dassault 

Mandatory Service Bulletin F900EX–347, 

Revision 1, dated May 18, 2009. If any 

interference or damage is found, before 

further flight, replace the oxygen lines and 

install improved brackets, in accordance with 

Part 2 of the Accomplishment Instructions of 

Dassault Mandatory Service Bulletin 

F900EX–347, Revision 1, dated May 18, 

2009. 

(2) If no interference and no damage are 

found during the inspection required by 

paragraph (f)(1) of this AD: Within 72 months 

after the effective date of this AD, replace the 

oxygen line support assemblies, in 

accordance with Part 2 of the 

Accomplishment Instructions of Dassault 

Mandatory Service Bulletin F900EX–347, 

Revision 1, dated May 18, 2009. 

(3) Actions accomplished before the 

effective date of this AD in accordance with 

Dassault Mandatory Service Bulletin 

F900EX–347, dated March 19, 2009, are 

acceptable for compliance with 

corresponding actions specified in this AD. 

FAA AD Differences 

Note 1: This AD differs from the MCAI 

and/or service information as follows: No 

differences. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

Send information to ATTN: Tom Rodriguez, 

Aerospace Engineer, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–1137; fax (425) 227–1149. Before using 

any approved AMOC on any airplane to 

which the AMOC applies, notify your 

principal maintenance inspector (PMI) or 

principal avionics inspector (PAI), as 

appropriate, or lacking a principal inspector, 

your local Flight Standards District Office. 

The AMOC approval letter must specifically 

reference this AD. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act 

(44 U.S.C. 3501 et seq.), the Office of 

Management and Budget (OMB) has 

approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to MCAI EASA Airworthiness 

Directive 2009–0126, dated June 18, 2009; 

and Dassault Mandatory Service Bulletin 

F900EX–347, Revision 1, dated May 18, 

2009; for related information. 

Material Incorporated by Reference 

(i) You must use Dassault Mandatory 

Service Bulletin F900EX–347, Revision 1, 

dated May 18, 2009, to do the actions 

required by this AD, unless the AD specifies 

otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Dassault Falcon Jet, P.O. Box 

2000, South Hackensack, New Jersey 07606; 


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Federal Register / Vol. 75, No. 29 / Friday, February 12, 2010 / Rules and Regulations 6857 

telephone 201–440–6700; Internet http:// 

www.dassaultfalcon.com. 

(3) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221 or 425–227–1152. 

(4) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, or go 

to: http://www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on January 

29, 2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–2609 Filed 2–11–10; 8:45 am] 

BILLING CODE 4910–13–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 March 2010. Interest 

assumptions are also published on 

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

DATES: Effective March 1, 2010. 

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 March 2010, and 

(2) adds to Appendix C to Part 4022 the 

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 for valuation dates during 

March 2010. 

The interest assumptions that PBGC 

will use for its own lump-sum payments 

(set forth in Appendix B to part 4022) 

will be 2.75 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 February 2010, 

these interest assumptions are 

unchanged. 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 March 2010, 

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 

197, 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

* * * * * * * 

197 3–1–10 4–1–10 2.75 4.00 4.00 4.00 7 8 


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