Federal Register / Vol. 70, No. 198 / Friday, October 14, 2005 / Rules and Regulations 60003 

Rate set 

For plans with a valuation 

date Immediate 

annuity rate 

(percent) 

Deferred annuities 

(percent) 

On or after Before i1 i2 i3 n1 n2

* * * * * * * 

145 ............................................ 11–1–05 12–1–05 2.50 4.00 4.00 4.00 7 8 

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

145, 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

* * * * * * * 

145 ............................................ 11–1–05 12–1–05 2.50 4.00 4.00 4.00 7 8 

PART 4044—ALLOCATION OF 

ASSETS IN SINGLE-EMPLOYER 

PLANS 

■ 4. The authority citation for part 4044 

continues to read as follows: 

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

1341, 1344, 1362. 

■ 5. In appendix B to part 4044, a new 

entry for November 2005, as set forth 

below, is added to the table. 

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 = 

* * * * * * * 

November 2005 .................................................................... .0370 1–20 .0475 >20 N/A N/A 

Issued in Washington, DC, on this 7th day 

of October 2005. 

Vincent K. Snowbarger, 

Deputy Executive Director, Pension Benefit 

Guaranty Corporation. 

[FR Doc. 05–20581 Filed 10–13–05; 8:45 am] 

BILLING CODE 7708–01–P 

DEPARTMENT OF THE TREASURY 

31 CFR Part 29 

RIN 1505–AB55 

Federal Benefit Payments Under 

Certain District of Columbia 

Retirement Plans 

AGENCY: Departmental Offices, Treasury. 

ACTION: Final rule. 

SUMMARY: The Department of the 

Treasury is issuing final regulations to 

amend its DC Pensions rules 

promulgated pursuant to Title XI of the 

Balanced Budget Act of 1997, as 

amended, which was effective on 

October 1, 1997. The Act assigns to the 

Secretary of the Treasury responsibility 

for payment of benefits based on service 

accrued as of June 30, 1997, under the 

retirement plans for District of Columbia 

teachers and police officers and 

firefighters, and payment of past and 

future benefits under the retirement 

plan for District of Columbia judges. 

The amended regulations implement the 

provisions of the Act that provide the 

Secretary with the responsibility to 

ensure the accuracy of payments made 

to annuitants before the effective date of 

the Act. 

DATES: This final rule is effective 

October 14, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Cuffe, Office of the General 

Counsel, MT Room 2209A, Department 

of the Treasury, 1500 Pennsylvania 

Avenue, NW., Washington, DC 20220, 

(202–622–1682, not a toll-free call). 

SUPPLEMENTARY INFORMATION: On April 

13, 2005, the Department of the 

Treasury published (at 70 FR 19366) 

proposed regulations to amend the 

regulations in Part 29 that implement 

Title XI of the Balanced Budget Act of 

1997, Public Law 105–33, 111 Stat. 251, 

712–731, 756–759, as amended (the 

Act). The Act transferred certain 

pension liabilities from the District of 

Columbia Government to the Federal 

Government. The Act requires that the 

Secretary of the Treasury (the Secretary) 

pay certain benefits under the 

retirement plans for District of Columbia 

teachers (Teachers Plan) and police 

officers and firefighters (Police and 

Firefighters Plan) based on service 

accrued on or before June 30, 1997, and 

benefits under the retirement plan for 

District of Columbia judges (Judges 

Plan) regardless of when service 

accrued. On December 23, 2004, the 

District of Columbia Retirement 

Protection Improvement Act of 2004, 

Public Law 108–489, 118 Stat. 3966 (the 

2004 Act) was enacted. The 2004 Act 

amended the Act, in part, to create a 

new fund from the two funds that had 

financed the Teachers Plan and the 

Police and Firefighters Plan and to 

provide the Judges Plan with procedures 

for resolving denied benefit claims. 

The Act provides the Secretary with 

authority to ensure the accuracy of 

Federal Benefit Payments made before 

October 1, 1997, under the Police and 

Firefighters Plan and the Teachers Plan. 

Section 11012 of the Act requires the 

60004 Federal Register / Vol. 70, No. 198 / Friday, October 14, 2005 / Rules and Regulations 

Secretary to make benefit payments 

under the Police and Firefighters Plan 

and Teachers Plan based on service 

accrued on or before June 30, 1997. An 

annuitant’s entitlement to the correct 

payment amount based on that service, 

but not more than that amount, does not 

expire. Thus, the Secretary’s authority 

to review and ensure the accuracy of all 

payments based on service accrued on 

or before June 30, 1997, extends to all 

such payments whether made before or 

after the October 1, 1997, effective date 

of the Act. 

In the case of the Judges Plan, section 

11251(a) of the Act (codified at DC 

Official Code section 11–1570(c)(2)(A)) 

vests in the Secretary authority over 

Federal Benefit Payments made under 

the Judges Plan before the October 1, 

1997, effective date of the Act. 

Accordingly, the Secretary has authority 

to ensure the accuracy of payments 

made before October 1, 1997, under the 

Judges Plan, the Police and Firefighters 

Plan, and the Teachers Plan. 

The amendments to Part 29 reflect the 

authority of the Secretary as provided in 

the sections of the Act discussed above 

and the manner in which that authority 

is being administered by the Treasury 

Department. 

The 2004 Act amended the Act to 

create the District of Columbia Teachers, 

Police Officers, and Firefighters Federal 

Pension Fund with the assets 

transferred from the District of 

Columbia Federal Pension Liability 

Trust Fund and the Federal 

Supplemental District of Columbia 

Pension Fund, which funds were 

terminated. The 2004 Act also amended 

the Act to provide the Judges Plan with 

procedures for resolving denied benefit 

claims. 

The Secretary has the authority under 

section 11083 and paragraph 11251(b) 

(codified as DC Official Code section 

11–1572(a)) of the Act ‘‘to issue 

regulations to implement, interpret, 

administer and carry out the purposes of 

this [Act], and, in the Secretary’s 

discretion, those regulations may have 

retroactive effect.’’ The original 

regulations by their terms apply only to 

Federal Benefit Payments made on or 

after October 1, 1997, the effective date 

of the Act. See 31 CFR 29.101(c). 

Therefore, the Department of the 

Treasury amends the original 

regulations to implement the Secretary’s 

authority under the Act to ensure the 

accuracy of payments made to 

annuitants prior to the October 1, 1997, 

effective date of the Act. The 

Department also amends the original 

regulations to reflect the changes made 

in the 2004 Act and to make several 

technical changes as specified below. 

Comments on the proposed rule were 

requested by June 13, 2005. The 

Department received two comments in 

support of the proposed regulations. 

Therefore, the proposed regulations are 

being adopted without change as final 

regulations. 

Administrative Procedure Act 

Because the amendments contained in 

this final rule are mandated by the 2004 

Act, have retroactive effect pursuant to 

section 11083 or 11251(b) of the Act, or 

are technical changes, it has been 

determined, pursuant to 5 U.S.C. 

553(d)(3) that a delayed effective date is 

unnecessary. 

Regulatory Flexibility Act 

It is hereby certified that this final 

rule will not have a significant 

economic impact on a substantial 

number of small entities. The rule only 

affects the determination of the Federal 

portion of retirement benefits to certain 

former employees of the District of 

Columbia. Accordingly, a regulatory 

flexibility analysis is not required by the 

Regulatory Flexibility Act (5 U.S.C. 

chapter 6). 

Executive Order 12866 

This rule is not a significant 

regulatory action as defined by 

Executive Order 12866, 58 FR 51735. 

Therefore, a regulatory assessment is not 

required. 

List of Subjects in 31 CFR Part 29 

Administrative practice and 

procedure, Claims, Disability benefits, 

Firefighters, Government employees, 

Intergovernmental relations, Law 

enforcement officers, Pensions, 

Retirement, Teachers. 

■ Accordingly, the Department of the 

Treasury is amending title 31, part 29, 

Code of Federal Regulations, to read as 

follows: 

PART 29—FEDERAL BENEFIT 

PAYMENTS UNDER CERTAIN 

DISTRICT OF COLUMBIA 

RETIREMENT PROGRAMS 

■ 1. The authority citation for Part 29 is 

revised to read as follows: 

Authority: Subtitle A, Subchapter B of 

Chapter 4 of Subtitle C, and Chapter 3 of 

Subtitle H, of Pub. L. 105–33, 111 Stat. 712–

731, 756–759, and 786–787; as amended. 

■ 2. In § 29.101, paragraphs (a) and (c) 

are revised, and paragraph (e) is added, 

to read as follows: 

§ 29.101 Purpose and scope. 

(a) This part contains the 

Department’s regulations implementing 

Subtitle A, Subchapter B of Chapter 4 of 

Subtitle C, and Chapter 3 of Subtitle H, 

of Title XI of the Balanced Budget Act 

of 1997, Public Law 105–33, 111 Stat. 

251, 712–731, 756–759, enacted August 

5, 1997, as amended. 

* * * * * 

(c) This part applies to Federal Benefit 

Payments. 

* * * * * 

(e) This part does not apply to the 

District of Columbia replacement plan, 

which covers payments based on service 

accrued after June 30, 1997, pursuant to 

section 11042 of the Act. 

■ 3. In § 29.103, definitions for Act, 

Benefits Administrator, Federal Benefit 

Payment, and Retirement Funds in 

paragraph (a) are revised to read as 

follows: 

§ 29.103 Definitions. 

(a) In this part—

Act means Subtitle A, Subchapter B of 

Chapter 4 of Subtitle C, and Chapter 3 

of Subtitle H, of Title XI of the Balanced 

Budget Act of 1997, Public Law 105–33, 

111 Stat. 251, 712–731, 756–759, as 

amended. 

Benefits Administrator means: 

(1) For the Teachers Plan and the 

Police and Firefighters Plan under 

section 11041(a) of the Act: 

(i) During the interim benefits 

administration period, the District of 

Columbia government; or 

(ii) After the end of the interim 

benefits administration period: 

(A) The Trustee selected by the 

Department under sections 11035(a) or 

11085(a) of the Act; 

(B) The Department, if a 

determination is made under sections 

11035(d) or 11085(d) of the Act that, in 

the interest of economy and efficiency, 

the function of the Trustee shall be 

performed by the Department rather 

than the Trustee; or 

(C) Any other agent of the Department 

designated to make initial benefit 

determinations and/or to recover or 

recoup or waive recovery or recoupment 

of overpayments of Federal Benefit 

Payments, or to recover or recoup debts 

owed to the Federal Government by 

annuitants; or 

(2) For the Judges Plan under section 

11252(b) of the Act: 

(i) During the interim benefits 

administration period, the District of 

Columbia government; or 

(ii) After the end of the interim 

benefits administration period for the 

Judges Plan: 

(A) The Trustee selected by the 

Department under section 11251(a) of 

the Act; 

(B) The Department, if a 

determination is made under section 

Federal Register / Vol. 70, No. 198 / Friday, October 14, 2005 / Rules and Regulations 60005 

11251(a) of the Act that, in the interest 

of economy and efficiency, the function 

of the Trustee shall be performed by the 

Department rather than the Trustee; or 

(C) Any other agent of the Department 

designated to make initial benefit 

determinations and/or to recover or 

recoup or waive recovery or recoupment 

of overpayments of Federal Benefit 

Payments, or to recover or recoup debts 

owed to the Federal Government by 

annuitants. 

* * * * * 

Federal Benefit Payment means a 

payment for which the Department is 

responsible under the Act, to which an 

individual is entitled under the Judges 

Plan, the Police and Firefighters Plan, or 

the Teachers Plan, in such amount and 

under such terms and conditions as may 

apply under such plans, including 

payments made under these plans 

before, on, or after the October 1, 1997, 

effective date of the Act. Service after 

June 30, 1997, shall not be credited for 

purposes of determining the amount of 

any Federal Benefit Payment under the 

Teachers Plan and the Police and 

Firefighters Plan. 

* * * * * 

Retirement Funds means the District 

of Columbia Teachers, Police Officers, 

and Firefighters Federal Pension Fund 

established under section 11081 of the 

Act, the District of Columbia Judicial 

Retirement and Survivors Annuity Fund 

established under section 11252 of the 

Act, and their predecessor funds. 

* * * * * 

■ 4. Section 29.201 is revised to read as 

follows: 

§ 29.201 Purpose and scope. 

This subpart contains information 

concerning the relationship between the 

Department and the District government 

in the administration of the Act and the 

functions of each in the administration 

of that Act. 

■ 5. In § 29.401, paragraphs (a)(2) and 

(3) are revised, and paragraph (c) is 

added, to read as follows: 

§ 29.401 Purpose. 

(a) * * * 

(2) The procedures for determining an 

individual’s eligibility for a Federal 

Benefit Payment and the amount and 

form of an individual’s Federal Benefit 

Payment as required by sections 11021 

and 11251(a) (codified at DC Official 

Code section 11–1570(c)(2)(a)) of the 

Act; 

(3) The appeal rights available under 

section 11022(a) of the Act and section 

3 of the 2004 Act (codified at DC 

Official Code section 11–1570(c)(3)) to 

claimants whose claim for Federal 

Benefit Payments is denied in whole or 

in part; and 

* * * * * 

(c) This part does not apply to claims 

and appeals filed before October 1, 

1997. Such claims must be pursued 

with the District of Columbia. 

§ 29.402 [Amended] 

■ 6. In § 29.402, the definitions for Act 

and Benefits Administrator are removed. 

■ 7. In § 29.501, paragraph (e) is added 

to read as follows: 

§ 29.501 Purpose; incorporation by 

reference; scope. 

* * * * * 

(e) This part does not apply to debt 

collection claims asserted and requests 

for waivers of collection initiated before 

October 1, 1997. Such debt collection 

claims must be pursued by the District 

of Columbia and such requests for 

waivers of collection must be pursued 

with the District of Columbia. 

Dated: October 6, 2005. 

Rochelle F. Granat, 

Director, Office of DC Pensions. 

[FR Doc. 05–20610 Filed 10–13–05; 8:45 am] 

BILLING CODE 4811–37–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[COTP Prince William Sound 05–012] 

RIN 1625–AA87 

Security Zones; Port Valdez and 

Valdez Narrows, Valdez, AK 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

continuing temporary security zones 

encompassing the Trans-Alaska Pipeline 

(TAPS) Valdez Terminal Complex, 

Valdez, Alaska and TAPS Tank Vessels 

and Valdez Narrows, Port Valdez, 

Alaska, and is reducing the size of one 

of these zones. These temporary security 

zones will remain effective until January 

12, 2006, while we complete a separate 

rulemaking to create permanent security 

zones in these locations. 

DATES: This rule is effective from 

October 11, 2005, through January 12, 

2006. Comments and related material on 

this temporary final rule must reach the 

Coast Guard on or before December 13, 

2005. 

ADDRESSES: You may mail comments 

and material received to U.S. Coast 

Guard Marine Safety Office, PO Box 

486, Valdez, Alaska 99686. Marine 

Safety Office Valdez, Port Operations 

Department maintains the public docket 

for this rulemaking. Comments and 

materials received from the public, as 

well as documents indicated in this 

preamble as being available in the 

docket, will become part of this docket 

and will be available for inspection or 

copying at Marine Safety Office Valdez, 

105 Clifton, Valdez, AK 99686 between 

7:30 a.m. and 4:30 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

LTJG Duane Lemmon, Port Operations 

Department, U.S. Coast Guard Marine 

Safety Office Valdez, Alaska, (907) 835–

7218. 

SUPPLEMENTARY INFORMATION: 

Regulatory History 

On June 30, 2005, we published a 

temporary final rule entitled ‘‘Security 

Zones; TAPS Terminal, Valdez Narrows, 

and Tank Vessels in COTP Prince 

William Sound’’ in the Federal Register 

(70 FR 37681). That rule is only 

effective to October 11, 2005. 

A notice of proposed rulemaking 

(NPRM) was not published for this 

regulation. In accordance with 5 U.S.C. 

553(b)(B), the Coast Guard finds good 

cause exists for not publishing an 

NPRM. The Coast Guard is taking this 

action for the immediate protection of 

the national security interests in light of 

terrorist acts perpetrated on September 

11, 2001, and the continuing threat that 

remains from those who committed 

those acts. Also, in accordance with 5 

U.S.C 553(d)(3), the Coast Guard finds 

good cause to exist for making this 

regulation effective less than 30 days 

after publication in the Federal 

Register. Publication of a notice of 

proposed rulemaking and delay of 

effective date would be contrary to the 

public interest because immediate 

action is necessary to provide for the 

safety of the TAPS terminal and TAPS 

tank vessels. 

On November 7, 2001, we published 

three temporary final rules in the 

Federal Register (66 FR 56208, 56210, 

56212) that created security zones 

effective through June 1, 2002. The 

section numbers and titles for these 

zones are—

Section 165.T17–003—Security zone; 

Trans-Alaska Pipeline Valdez 

Terminal Complex, Valdez, Alaska, 

Section 165.T17–004—Security zone; 

Port Valdez, and 

Section 165.T17–005—Security zones; 

Captain of the Port Zone, Prince 

William Sound, Alaska.