66278 Federal Register / Vol. 79, No. 216 / Friday, November 7, 2014 / Rules and Regulations 

submit a rule report, including a copy 

of this rule, to each House of the 

Congress and to the Comptroller General 

of the United States as required under 

the congressional review provisions of 

the Small Business Regulatory 

Enforcement Fairness Act of 1986. 

List of Subjects in 1 CFR Part 51 

Administrative practice and 

procedure, Code of Federal Regulations, 

Federal Register, Incorporation by 

reference. 

For the reasons discussed in the 

preamble, under the authority at 5 

U.S.C. 552(a), the Director of the Federal 

Register amends chapter II of title 1 of 

the Code of Federal Regulations as set 

forth below: 

PART 51—INCORPORATION BY 

REFERENCE 

■ 1. The authority citation for part 51 

continues to read as follows: 

Authority: 5 U.S.C. 552(a). 

■ 2. Revise 51.3 to read as follows: 

§ 51.3 When will the Director approve a 

publication? 

(a)(1) The Director will informally 

approve the proposed incorporation by 

reference of a publication when the 

preamble of a proposed rule meets the 

requirements of this part (See § 51.5(a)). 

(2) If the preamble of a proposed rule 

does not meet the requirements of this 

part, the Director will return the 

document to the agency (See 1 CFR 2.4). 

(b) The Director will formally approve 

the incorporation by reference of a 

publication in a final rule when the 

following requirements are met: 

(1) The publication is eligible for 

incorporation by reference (See § 51.7). 

(2) The preamble meets the 

requirements of this part (See 

§ 51.5(b)(2)). 

(3) The language of incorporation 

meets the requirements of this part (See 

§ 51.9). 

(4) The publication is on file with the 

Office of the Federal Register. 

(5) The Director has received a written 

request from the agency to approve the 

incorporation by reference of the 

publication. 

(c) The Director will notify the agency 

of the approval or disapproval of an 

incorporation by reference in a final rule 

within 20 working days after the agency 

has met all the requirements for 

requesting approvals (See § 51.5). 

■ 3. Revise 51.5 to read as follows: 

§ 51.5 How does an agency request 

approval? 

(a) For a proposed rule, the agency 

does not request formal approval but 

must: 

(1) Discuss, in the preamble of the 

proposed rule, the ways that the 

materials it proposes to incorporate by 

reference are reasonably available to 

interested parties or how it worked to 

make those materials reasonably 

available to interested parties; and 

(2) Summarize, in the preamble of the 

proposed rule, the material it proposes 

to incorporate by reference. 

(b) For a final rule, the agency must 

request formal approval. The formal 

request package must: 

(1) Send a letter that contains a 

written request for approval at least 20 

working days before the agency intends 

to submit the final rule document for 

publication; 

(2) Discuss, in the preamble of the 

final rule, the ways that the materials it 

incorporates by reference are reasonably 

available to interested parties and how 

interested parties can obtain the 

materials; 

(3) Summarize, in the preamble of the 

final rule, the material it incorporates by 

reference; 

(4) Send a copy of the final rule 

document that uses the proper language 

of incorporation with the written 

request (See § 51.9); and 

(5) Ensure that a copy of the 

incorporated material is on file at the 

Office of the Federal Register. 

(c) Agencies may consult with the 

Office of the Federal Register at any 

time with respect to the requirements of 

this part. 

■ 4. In § 51.7, revise paragraph (a) to 

read as follows: 

§ 51.7 What publications are eligible? 

(a) A publication is eligible for 

incorporation by reference under 5 

U.S.C. 552(a) if it— 

(1) Conforms to the policy stated in 

§ 51.1; 

(2)(i) Is published data, criteria, 

standards, specifications, techniques, 

illustrations, or similar material; and 

(ii) Does not detract from the 

usefulness of the Federal Register 

publication system; and 

(3) Is reasonably available to and 

usable by the class of persons affected. 

In determining whether a publication is 

usable, the Director will consider— 

(i) The completeness and ease of 

handling of the publication; and 

(ii) Whether it is bound, numbered, 

and organized, as applicable. 

* * * * * 

■ 5. In 51.9, revise paragraphs (a) and (c) 

to read as follows: 

§ 51.9 What is the proper language of 

incorporation? 

(a) The language incorporating a 

publication by reference must be 

precise, complete, and clearly state that 

the incorporation by reference is 

intended and completed by the final 

rule document in which it appears. 

* * * * * 

(c) If the Director approves a 

publication for incorporation by 

reference in a final rule, the agency 

must include— 

(1) The following language under the 

DATES caption of the preamble to the 

final rule document (See 1 CFR 18.12 

Preamble requirements): 

The incorporation by reference of 

certain publications listed in the 

regulations is approved by the Director 

of the Federal Register as of llll. 

(2) The preamble requirements set out 

in 51.5(b). 

(3) The term ‘‘incorporation by 

reference’’ in the list of index terms (See 

1 CFR 18.20 Identification of subjects in 

agency regulations). 

Dated: November 3, 2014. 

Amy P. Bunk, 

Acting Director, Office of the Federal Register. 

[FR Doc. 2014–26445 Filed 11–6–14; 8:45 am] 

BILLING CODE 1505–02–P 

OFFICE OF PERSONNEL 

MANAGEMENT 

5 CFR Part 843 

RIN 3206–AM99 

Federal Employees’ Retirement 

System; Present Value Conversion 

Factors for Spouses of Deceased 

Separated Employees 

AGENCY: Office of Personnel 

Management. 

ACTION: Final rule. 

SUMMARY: The Office of Personnel 

Management (OPM) is adopting its 

proposed rule to revise the table of 

reduction factors for early commencing 

dates of survivor annuities for spouses 

of separated employees who die before 

the date on which they would be 

eligible for unreduced deferred 

annuities, and to revise the annuity 

factor for spouses of deceased 

employees who die in service when 

those spouses elect to receive the basic 

employee death benefit in 36 

installments under the Federal 

Employees’ Retirement System (FERS) 

Act of 1986. These rules are necessary 

to ensure that the tables conform to the 

economic and demographic 

assumptions adopted by the Board of 


rmajette on DSK2VPTVN1PROD with RULES
Federal Register / Vol. 79, No. 216 / Friday, November 7, 2014 / Rules and Regulations 66279 

Actuaries and published in the Federal 

Register on May 21, 2014, as required 

by 5 U.S.C. 8461(i). 

DATES: This rule becomes effective on 

November 7, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Roxann Johnson, (202) 606–0299. 

SUPPLEMENTARY INFORMATION: On May 

21, 2014, OPM published at 79 FR 

29224, a notice in the Federal Register 

to revise the normal cost percentages 

under the Federal Employees’ 

Retirement System (FERS) Act of 1986, 

Public Law 99–335, 100 Stat. 514, as 

amended, based on economic 

assumptions and demographic factors 

adopted by the Board of Actuaries of the 

Civil Service Retirement System. Under 

5 U.S.C. 8461(i), the demographic 

factors and economic assumptions 

require corresponding changes in factors 

used to produce actuarially equivalence 

when required by the FERS Act. As a 

result, on July 18, 2014, at 79 FR 41929, 

OPM published a proposed rule in the 

Federal Register to revise the table of 

reduction factors in Appendix A to 

subpart C of part 843, Code of Federal 

Regulations, for early commencing dates 

of survivor annuities for spouses of 

separated employees who die before the 

date on which they would be eligible for 

unreduced deferred annuities, and to 

revise the annuity factor for spouses of 

deceased employees who die in service 

when those spouses elect to receive the 

basic employee death benefit in 36 

installments under 5 CFR 843.309. OPM 

received no written comments on the 

proposed rule. 

Executive Order 12866, Regulatory 

Review 

This rule has been reviewed by the 

Office of Management and Budget in 

accordance with Executive Order (E.O.) 

12866, as amended by E.O. 13258 and 

E.O. 13422. 

Regulatory Flexibility Act 

I certify that this regulation will not 

have a significant economic impact on 

a substantial number of small entities 

because the regulation will only affect 

retirement payments to surviving 

current and former spouses of former 

employees and Members who separated 

from Federal service with title to a 

deferred annuity. 

List of Subjects in 5 CFR Part 843 

Air traffic controllers, Disability 

benefits, Firefighters, Government 

employees, Law enforcement officers, 

Pensions, Retirement. 

U.S. Office of Personnel Management. 

Katherine Archuleta, 

Director. 

For the reasons stated in the 

preamble, the Office of Personnel 

Management amends 5 CFR part 843 as 

follows: 

PART 843—FEDERAL EMPLOYEES 

RETIREMENT SYSTEM—DEATH 

BENEFITS AND EMPLOYEE REFUNDS 

■ 1. The authority citation for part 843 

continues to read as follows: 

Authority: 5 U.S.C. 8461; §§ 843.205, 

843.208, and 843.209 also issued under 5 

U.S.C. 8424; § 843.309 also issued under 5 

U.S.C. 8442; § 843.406 also issued under 5 

U.S.C. 8441. 

Subpart C—Current and Former 

Spouse Benefits 

■ 2. In § 843.309, revise paragraph (b)(2) 

to read as follows: 

§ 843.309 Basic employee death benefit. 

* * * * * 

(b) * * * 

(2) For deaths occurring on or after 

October 1, 2014, 36 equal monthly 

installments of 2.99522 percent of the 

amount of the basic employee death 

benefit. 

* * * * * 

■ 3. Revise Appendix A to subpart C of 

part 843 to read as follows: 

Appendix A to Subpart C of Part 843— 

Present Value Conversion Factors for 

Earlier Comencing Date of Annuities of 

Current and Former Spouses of 

Deceased Separated Employees 

With at least 10 but less than 20 years 

of creditable service— 

Age of separated employee 

at birthday before death Multiplier 

26 .......................................... .0638 

27 .......................................... .0700 

28 .......................................... .0764 

29 .......................................... .0831 

30 .......................................... .0902 

31 .......................................... .0978 

32 .......................................... .1058 

33 .......................................... .1142 

34 .......................................... .1233 

35 .......................................... .1331 

36 .......................................... .1435 

37 .......................................... .1547 

38 .......................................... .1667 

39 .......................................... .1794 

40 .......................................... .1931 

41 .......................................... .2079 

42 .......................................... .2236 

43 .......................................... .2406 

44 .......................................... .2588 

45 .......................................... .2784 

46 .......................................... .2993 

47 .......................................... .3218 

48 .......................................... .3463 

Age of separated employee 

at birthday before death Multiplier 

49 .......................................... .3725 

50 .......................................... .4008 

51 .......................................... .4313 

52 .......................................... .4644 

53 .......................................... .5001 

54 .......................................... .5387 

55 .......................................... .5806 

56 .......................................... .6262 

57 .......................................... .6756 

58 .......................................... .7295 

59 .......................................... .7882 

60 .......................................... .8525 

61 .......................................... .9228 

With at least 20, but less than 30 years 

of creditable service— 

Age of separated employee 

at birthday before death Multiplier 

36 .......................................... .1693 

37 .......................................... .1825 

38 .......................................... .1966 

39 .......................................... .2116 

40 .......................................... .2276 

41 .......................................... .2449 

42 .......................................... .2634 

43 .......................................... .2833 

44 .......................................... .3047 

45 .......................................... .3276 

46 .......................................... .3523 

47 .......................................... .3787 

48 .......................................... .4073 

49 .......................................... .4380 

50 .......................................... .4712 

51 .......................................... .5070 

52 .......................................... .5457 

53 .......................................... .5875 

54 .......................................... .6327 

55 .......................................... .6818 

56 .......................................... .7351 

57 .......................................... .7930 

58 .......................................... .8560 

59 .......................................... .9248 

With at least 30 years of creditable 

service— 

Age of 

separated 

employee 

at birthday 

before 

death 

Multiplier by separated 

employee’s year of birth 

After 1966 From 1950 

through 1966 

46 .............. .4457 .4811 

47 .............. .4790 .5170 

48 .............. .5151 .5559 

49 .............. .5538 .5976 

50 .............. .5955 .6426 

51 .............. .6405 .6911 

52 .............. .6892 .7435 

53 .............. .7417 .8001 

54 .............. .7986 .8614 

55 .............. .8603 .9279 

56 .............. .9272 1.0000 

[FR Doc. 2014–26469 Filed 11–6–14; 8:45 am] 

BILLING CODE 6325–38–P 


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