2864 Federal Register / Vol. 74, No. 11 / Friday, January 16, 2009 / Rules and Regulations 

methodology for valuation dates during 

February 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 a decrease (from those in 

effect for January 2009) of 1.00 percent 

in the immediate annuity rate and are 

otherwise 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 February 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 

184, 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

* * * * * * * 

184 2–1–09 3–1–09 3.00 4.00 4.00 4.00 7 8 

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

184, 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

* * * * * * * 

184 2–1–09 3–1–09 3.00 4.00 4.00 4.00 7 8 

Issued in Washington, DC, on this 12th day 

of January 2009. 

Vincent K. Snowbarger, 

Deputy Director for Operations, Pension 

Benefit Guaranty Corporation. 

[FR Doc. E9–832 Filed 1–15–09; 8:45 am] 

BILLING CODE 7709–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 160 

[DoD Instruction 5000.35] 

Defense Acquisition Regulations 

(DAR) System 

AGENCY: Department of Defense. 

ACTION: Final rule. 

SUMMARY: This final rule removes the 

DoD’s rule concerning the management 

and operation of the Defense 

Acquisition Regulations (DAR) System. 

The part has served the purpose for 

which it was intended for the Code of 

Federal Regulations, and is no longer 

necessary. 

DATES: Effective Date: January 16, 2009. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Patricia L. Toppings at 703–696–5284. 

SUPPLEMENTARY INFORMATION: A copy of 

the current DoD Instruction may be 

obtained from http://www.dtic.mil/whs/ 

directives/corres/pdf/500035p.pdf. 

List of Subjects in 32 CFR Part 160 

Armed forces; government 

procurement. 

PART 160—[REMOVED] 

■ Accordingly, by the authority of 10 

U.S.C. 301, 32 CFR part 160 is removed. 

Dated: January 12, 2009. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. E9–877 Filed 1–15–09; 8:45 am] 

BILLING CODE 5001–06–P 


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