Federal Register / Vol. 86, No. 176 / Wednesday, September 15, 2021 / Rules and Regulations 51273 

Columbia felony offenders who are 

eligible for parole. The Commission 

took over this responsibility on August 

5, 1998 as a result of the National 

Capital Revitalization and SelfGovernment Improvement Act of 1997, 

Public Law 105–33. 11231(a)(1), 111 

Stat. 712, 745 (effective August 5, 1998). 

The Commission’s new duties included 

medical parole determinations for D.C. 

offenders previously made by the D.C. 

Board of Parole pursuant to the Medical 

and Geriatric Parole Act of 1992, D.C. 

Law 9–271; D.C. Official Code 24–461, 

et seq. (effective May 15, 1993). 

The Commission promptly enacted 

regulations to implement its new duties, 

which included the rule that set forth 

criteria and procedures for 

implementing the medical parole 

provisions in D.C. Code 24–261–64, 267 

at 28 CFR 2.77. 63 FR 39172–39183 

(July 21, 1998). Regulation 28 CFR 2.77 

governs the Commission’s decision to 

release a D.C. prisoner on medical 

parole. The Commission exercises its 

discretion to grant medical parole to 

eligible prisoners on the basis of either 

terminal illness or permanent and 

irreversible incapacitation if the 

Commission determines the prisoner 

meets certain eligibility criteria. 

Originally, prisoners convicted of 

certain violent offenses were excluded 

from benefits of medical parole. (D.C. 

Law 9–271; D.C. Official Code 24–467.) 

In 2012, the D.C. Council amended 

D.C. Code 24–267 when it approved the 

Compassionate Release Authorization 

Amendment Act of 2012, D.C. Law 19– 

318 (Act 19–479). D.C. Law 19–318 

rewrote section 24–467, which formerly 

read: ‘‘Persons convicted of first degree 

murder or persons sentenced for crimes 

committed when armed under 22–4502, 

or under 22–4504(b), and 22–2803, shall 

not be eligible for geriatric or medical 

parole.’’ Effective June 15, 2013, D.C. 

Law 19–318 removed the exception for 

medical parole. 

The Revitalization Act requires the 

Commission to follow District of 

Columbia parole law and regulations 

and authorizes the Commission to 

‘‘amend or supplement’’ the parole 

regulations of the District of Columbia 

as it sees fit. See D.C. Code 24– 

1231(a)(1)(2001). As part of that 

authority, the Parole Commission has 

decided to update its regulation in light 

of the change in D.C. law that relates to 

the medical parole exception by 

promulgating a final rule to amend 28 

CFR 2.77 to remove paragraph (g)(1). As 

a result, prisoners convicted of certain 

violent offenses will not be excluded 

from the benefit of medical parole and 

28 CFR 2.77 will comport with current 

D.C. law. See D.C. Code 24–267. 

The rule change does not impact the 

sole discretion and jurisdiction of the 

Commission to grant medical parole. 

See D.C. Code 24–1231(a)(1)(2001); D.C. 

Code 24–463. Following the rule 

change, the Commission will still 

consider whether to exercise its 

discretion to grant medical parole for 

those prisoners previously excluded 

from medical parole as it will any other 

prisoner. 

Because this action is being taken to 

conform with a change in D.C. statute, 

it is being published as a final rule. 

Executive Orders 12866 and 13563 

This regulation has been drafted and 

reviewed in accordance with Executive 

Order 12866, ‘‘Regulation Planning and 

Review,’’ section 1(b), Principles of 

Regulation, and in accordance with 

Executive Order 13565, ‘‘Improving 

Regulation and Regulatory Review,’’ 

section 1(b), General Principles of 

Regulation. The Commission has 

determined that this rule is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866, section 3(f), 

Regulatory Planning and Review, and 

accordingly this rule has not been 

reviewed by the Office of Management 

and Budget. 

Executive Order 13132 

This rule will not have substantial 

direct effects on 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. Under Executive 

Order 13132, this rule does not have 

sufficient federalism implications 

requiring a Federalism Assessment. 

Regulatory Flexibility Act 

This rule will not have a significant 

economic impact upon a substantial 

number of small entities within the 

meaning of the Regulatory Flexibility 

Act, 5 U.S.C. 605(b). 

Unfunded Mandates Reform Act of 

1995 

This rule will not cause State, local, 

or tribal governments, or the private 

sector, to spend $100,000,000 or more in 

any one year, and will not significantly 

or uniquely affect small governments. 

No action under the Unfunded 

Mandates Reform Act of 1995 is 

necessary. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 (Subtitle E— 

Congressional Review Act) 

This rule is not a ‘‘major rule’’ as 

defined by Section 804 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 Subtitle E— 

Congressional Review Act, now codified 

at 5 U.S.C. 804(2). This rule will not 

result in an annual effect on the 

economy of $100,000,000 or more; a 

major increase in costs or prices; or 

significant adverse effects on the ability 

of United States-based companies to 

compete with foreign-based companies. 

Moreover, this is a rule of agency 

practice or procedure that does not 

substantially affect the rights or 

obligations of non-agency parties, and 

does not come within the meaning of 

the term ‘‘rule’’ as used in Section 

804(3)(C), now codified at 5 U.S.C. 

804(3)(C). Therefore, the reporting 

requirement of 5 U.S.C. 801 does not 

apply. 

List of Subjects in 28 CFR Part 2 

Administrative practice and 

procedure, Prisoners, Probation and 

parole. 

The Final Rule 

Accordingly, the U.S. Parole 

Commission amends 28 CFR part 2 as 

follows: 

PART 2—[AMENDED] 

■ 1. The authority citation for 28 CFR 

part 2 continues to read as follows: 

Authority: 18 U.S.C. 4203(a)(1) and 

4204(a)(6). 

■ 2. Revise § 2.77(g) to read as follows: 

§ 2.77 Medical parole. 

* * * * * 

(g) Notwithstanding any other 

provision of this section, a prisoner 

shall not be eligible for medical parole 

on the basis of a physical or medical 

condition that existed at the time the 

prisoner was sentenced (D.C. Code 24– 

462). 

Patricia K. Cushwa, 

Chairman (Acting), U.S. Parole Commission. 

[FR Doc. 2021–19884 Filed 9–14–21; 8:45 am] 

BILLING CODE 4410–31–P 

PENSION BENEFIT GUARANTY 

CORPORATION 

29 CFR Part 4044 

Allocation of Assets in SingleEmployer Plans; Interest Assumptions 

for Valuing Benefits 

AGENCY: Pension Benefit Guaranty 

Corporation. 

ACTION: Final rule. 

SUMMARY: This final rule amends the 

Pension Benefit Guaranty Corporation’s 

regulation on Allocation of Assets in 


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51274 Federal Register / Vol. 86, No. 176 / Wednesday, September 15, 2021 / Rules and Regulations 

Single-Employer Plans to prescribe 

interest assumptions under the asset 

allocation regulation for plans with 

valuation dates in the fourth quarter of 

2021. These interest assumptions are 

used for valuing benefits under 

terminating single-employer plans and 

for other purposes. 

DATES: Effective October 1, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Hilary Duke (duke.hilary@pbgc.gov), 

Assistant General Counsel for 

Regulatory Affairs, Pension Benefit 

Guaranty Corporation, 1200 K Street 

NW, Washington, DC 20005, 202–229– 

3839. (TTY users may call the Federal 

relay service toll free at 1–800–877– 

8339 and ask to be connected to 202– 

229–3839.) 

SUPPLEMENTARY INFORMATION: PBGC’s 

regulation on Allocation of Assets in 

Single-Employer Plans (29 CFR part 

4044) prescribes actuarial 

assumptions—including interest 

assumptions—for valuing benefits under 

terminating single-employer plans 

covered by title IV of the Employee 

Retirement Income Security Act of 1974 

(ERISA). The interest assumptions in 

the regulation are also published on 

PBGC’s website (https://www.pbgc.gov). 

PBGC uses the interest assumptions in 

appendix B to part 4044 (‘‘Interest Rates 

Used to Value Benefits’’) to determine 

the present value of annuities in an 

involuntary or distress termination of a 

single-employer plan under the asset 

allocation regulation. The assumptions 

are also used to determine the value of 

multiemployer plan benefits and certain 

assets when a plan terminates by mass 

withdrawal in accordance with PBGC’s 

regulation on Duties of Plan Sponsor 

Following Mass Withdrawal (29 CFR 

part 4281). 

The fourth quarter 2021 interest 

assumptions will be 2.40 percent for the 

first 20 years following the valuation 

date and 2.11 percent thereafter. In 

comparison with the interest 

assumptions in effect for the third 

quarter of 2021, these interest 

assumptions represent a decrease of 5 

years in the select period (the period 

during which the select rate (the initial 

rate) applies), an increase of 0.27 

percent in the select rate, and a decrease 

of 0.12 percent in the ultimate rate (the 

final rate). 

Need for Immediate Guidance 

PBGC has determined that notice of, 

and public comment on, this rule are 

impracticable, unnecessary, and 

contrary to the public interest. PBGC 

routinely updates the interest 

assumptions in appendix B of the asset 

allocation regulation each quarter so 

that they are available to value benefits. 

Accordingly, PBGC finds that the public 

interest is best served by issuing this 

rule expeditiously, without an 

opportunity for notice and comment, 

and that good cause exists for making 

the assumptions set forth in this 

amendment effective less than 30 days 

after publication to allow the use of the 

proper assumptions to estimate the 

value of plan benefits for plans with 

valuation dates early in the fourth 

quarter of 2021. 

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 

29 CFR Part 4044 

Employee benefit plans, Pension 

insurance, Pensions. 

In consideration of the foregoing, 29 

CFR part 4044 is amended as follows: 

PART 4044—ALLOCATION OF 

ASSETS IN SINGLE-EMPLOYER 

PLANS 

■ 1. The authority citation for part 4044 

continues to read as follows: 

Authority: 29 U.S.C. 1301(a), 1302(b)(3), 

1341, 1344, 1362. 

■ 2. In appendix B to part 4044, add an 

entry for ‘‘October–December 2021’’ at 

the end of the table to read as follows: 

Appendix B to Part 4044—Interest 

Rates Used to Value Benefits 

* * * * * 

For valuation dates occurring in the month— 

The values of it are: 

it for t = it for t = it for t = 

*******

October–December 2021 ................................................. 0.0240 1–20 0.0211 >20 N/A N/A 

Issued in Washington, DC, by 

Hilary Duke, 

Assistant General Counsel for Regulatory 

Affairs, Pension Benefit Guaranty 

Corporation. 

[FR Doc. 2021–19704 Filed 9–14–21; 8:45 am] 

BILLING CODE 7709–02–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Parts 8a and 36 

RIN 2900–AR09 

Nomenclature Change for Position 

Title 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: The Department of Veterans 

Affairs is amending its regulations to 

revise the title of the ‘‘Director, Loan 

Guaranty Service’’ to ‘‘Executive 

Director, Loan Guaranty Service’’ and to 

remove references to the position of 

‘‘Deputy Under Secretary for Economic 

Opportunity.’’ These amendments 

reflect current agency organizational 

structure and are necessary to ensure 

consistency between the agency and its 

regulations. 

DATES: This rule is effective September 

15, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Stephanie Li, Chief of Regulations, Loan 

Guaranty Service, (26A), Veterans 

Benefits Administration, Department of 

Veterans Affairs, 810 Vermont Avenue 

NW, Washington, DC 20420, (202) 632– 

8862. (This is not a toll-free telephone 

number.) 

SUPPLEMENTARY INFORMATION: A number 

of VA regulations reference the 

‘‘Director, Loan Guaranty Service’’, but 

the title for this position has been 

amended from ‘‘Director, Loan Guaranty 

Service’’ to ‘‘Executive Director, Loan 

Guaranty Service.’’ Also, certain VA 

regulations reference the ‘‘Deputy Under 

Secretary for Economic Opportunity,’’ 

but that position has been eliminated 

within the Veterans Benefits 

Administration. To ensure accuracy and 

consistency between the agency and its 

regulations, this final rule revises VA 

regulations to reflect this nomenclature 

change and organizational structure. 

Additionally, VA notes that there is a 

technical drafting error at 


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