Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Rules and Regulations 42733 

(i) Be segregated from other FMDsusceptible livestock at a select lamb 

facility operated under the authority of 

the national veterinary authority of 

Uruguay; 

(ii) Be subjected to an FMD testing 

scheme approved by the Administrator; 

and 

(iii) Be individually identified with 

official unique identification that is part 

of a national traceability system 

sufficient to ensure that only the 

products of select lambs meeting all 

required criteria are exempt from the 

deboning requirement. 

(3) Select lambs and their products 

must not be commingled with other 

animals and their products within the 

slaughter facility. 

* * * * * 

(Approved by the Office of Management and 

Budget under control numbers 0579–0372, 

0579–0414, 0579–0428, and 0579–0449) 

Done in Washington, DC, this 6th day of 

September 2017. 

Michael C. Gregoire, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2017–19225 Filed 9–11–17; 8:45 am] 

BILLING CODE 3410–34–P 

PENSION BENEFIT GUARANTY 

CORPORATION 

29 CFR Part 4002 

Bylaws of the Pension Benefit 

Guaranty Corporation 

AGENCY: Pension Benefit Guaranty 

Corporation. 

ACTION: Final rule. 

SUMMARY: The Pension Benefit Guaranty 

Corporation is amending its bylaws 

regulation to conform to changes in the 

bylaws adopted by the Board of 

Directors. 

DATES: Effective September 12, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Judith R. Starr (starr.judith@pbgc.gov), 

General Counsel, Pension Benefit 

Guaranty Corporation, 1200 K Street 

NW., Washington, DC 20005–4026; 202– 

326–4400, ext. 3083; Hilary Duke 

(duke.hilary@pbgc.gov), Attorney, 

Regulatory Affairs Division, Office of 

the General Counsel, 202–326–4400, 

extension 3839. (TTY and TDD users 

may call the Federal relay service tollfree at 800–877–8339 and ask to be 

connected to 202–326–4400, extension 

3083 or to 202–326–4400, extension 

3839.) 

SUPPLEMENTARY INFORMATION: The 

Pension Benefit Guaranty Corporation 

(PBGC) administers the pension plan 

termination insurance program under 

Title IV of the Employee Retirement 

Income Security Act of 1974 (ERISA). 

Section 4002(b)(3) of ERISA gives PBGC 

power to adopt, amend, and repeal, by 

the board of directors, bylaws. Section 

4002(f) of ERISA provides that the board 

of directors may alter, supplement, or 

repeal any existing bylaw, and may 

adopt additional bylaws from time to 

time as may be necessary. PBGC’s 

bylaws are set forth in 29 CFR part 4002. 

PBGC’s Board of Directors (the 

Secretaries of Labor, the Treasury, and 

Commerce) voted to amend the bylaws 

at a meeting of the Board of Directors on 

September 7, 2017. This rule replaces 

the old bylaws with the new bylaws in 

PBGC’s regulations. 

Compliance With Rulemaking 

Guidelines 

This is a rule of ‘‘agency organization, 

procedure, or practice’’ and is limited to 

‘‘agency organization, management, or 

personnel matters.’’ Accordingly, this 

rule is exempt from notice and public 

comment requirements under 5 U.S.C. 

553(b) and the requirements of 

Executive Order 12866 and Executive 

Order 13771. Because no general notice 

of proposed rulemaking is required, the 

Regulatory Flexibility Act does not 

apply to this rule. See 5 U.S.C. 601(2), 

603, 604. 

PBGC finds good cause exists for 

making the bylaws set forth in this rule 

effective less than 30 days after 

publication because the amendments 

were adopted by the Board of Directors 

on September 7, 2017. 

List of Subjects in Part 4002 

Administrative practice and 

procedure, Organization and functions 

(government agencies). 

■ Accordingly, 29 CFR part 4002 is 

revised to read as follows: 

PART 4002—BYLAWS OF THE 

PENSION BENEFIT GUARANTY 

CORPORATION 

Sec. 

4002.1 Board of Directors, Chair, and 

Representatives of Board Members. 

4002.2 Quorum. 

4002.3 Meetings. 

4002.4 Place of meetings; use of conference 

call communications equipment. 

4002.5 Voting without a meeting. 

4002.6 Conflict of interest. 

4002.7 Director of the Corporation and 

senior officers. 

4002.8 Emergency procedures. 

4002.9 Seal. 

4002.10 Authority and amendments. 

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

§ 4002.1 Board of Directors, Chair, and 

Representatives of Board Members. 

(a) Composition and responsibilities 

of the Board of Directors—(1) Board. 

Section 4002(d)(1) of ERISA establishes 

the Board membership as the Secretaries 

of Labor (Chair), the Treasury, and 

Commerce. A person who, at the time of 

a meeting of the Board of Directors, is 

serving in an acting capacity as, or 

performing the duties of, a Member of 

the Board of Directors will serve as a 

Member of the Board of Directors with 

the same authority and effect as the 

designated Secretary. 

(2) Chair of the Board. As Chair of the 

Board, the Secretary of Labor will 

preside over all Board meetings. As a 

direct report to the Board under section 

4002(d)(4) of ERISA, the Inspector 

General of the Corporation reports to the 

Board through the Chair. The 

Participant and Plan Sponsor Advocate 

also reports to the Board through the 

Chair. 

(3) Board responsibilities. Except as 

provided in paragraph (b) of this 

section, the Board may not delegate any 

of the following responsibilities— 

(i) Voting on an amendment to these 

bylaws. 

(ii) Approval of the Annual Report, 

which includes the Annual 

Management Report (AMR) (and its 

components the financial statements, 

management’s discussion and analysis, 

annual performance report and 

independent auditor’s report), the 

Chair’s message, and other 

documentation in conformance with 

guidance issued by the Office of 

Management and Budget (OMB). 

(iii) Approval of the Corporation’s 

Investment Policy Statement. 

(iv) Approval of all reports or 

recommendations to the Congress 

required by Title IV of ERISA. 

(v) Approval of any policy matter 

(other than administrative policies) that 

would have a significant impact on the 

pension insurance program. 

(vi) Review of reports from the 

Corporation’s Inspector General that the 

Inspector General deems appropriate to 

deliver to the Board. 

(4) Investment Policy Statement 

review. The Board must review the 

Corporation’s Investment Policy 

Statement at least every two years and 

approve the Investment Policy 

Statement at least every four years. 

(b) Designation of and responsibilities 

of Board Representatives and Alternate 

Representatives—(1) Board 

Representatives. A Board 

Representative, as designated under 

section 4002(d)(3) of ERISA, may act for 

all purposes under these bylaws, except 

that an action of a Board Representative 


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42734 Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Rules and Regulations 

on a Board Member’s behalf with 

respect to the powers described in 

paragraphs (a)(3)(i) through (iii) of this 

section, will be valid only upon 

ratification in writing by the Board 

Member. Any Board Representative may 

refer for Board action any matter under 

consideration by the Board 

Representatives. 

(2) Alternate Representatives. A Board 

Member may designate in writing an 

official, not below the level of Assistant 

Secretary, to serve as the Board 

Member’s Alternate Representative at a 

meeting. An Alternate Representative 

may act for all purposes at that meeting, 

except that the Alternate 

Representative’s actions will be valid 

only upon ratification in writing by 

either the Board Member or the Board 

Representative. Any action of the 

Alternate Representative involving the 

powers described in paragraphs (a)(3)(i) 

through (iii) of this section or any matter 

that has been referred to the Board 

under paragraph (b)(1) of this section 

must be ratified in writing by the Board 

Member. 

(3) Ratification. For purposes of this 

section, ratification of a Board 

Representative or Alternative 

Representative action includes approval 

of the minutes of the meeting of the 

Board of Directors by voice vote or 

otherwise. 

(c) Review and approval of 

regulations. Regulations may be issued 

by the Director of the Corporation, 

subject to the following conditions— 

(1) Regulations must first be reviewed 

for comment by each Board 

Representative except for routine 

updates of PBGC valuation factors and 

actuarial assumptions. 

(2) A Board Representative may, 

within 21 days of receiving a regulation 

for review, request that it be referred to 

the Board Representatives for approval. 

(3) Nonsignificant regulations and 

significant proposed regulations within 

the meaning of Executive Order 12866 

and subject to review under paragraph 

(c)(1) of this section may be issued by 

the Director upon either the expiration 

of the time specified in paragraph (c)(2) 

of this section, or, if the approval option 

is exercised, upon Board Representative 

approval. 

(4) Significant final regulations must 

be approved by the Board 

Representatives or the Board. 

(5) The Director may submit 

regulations subject to approval by the 

Board Representatives or the Board to 

OMB for concurrent review after they 

have been pending without comment 

before the Board Representatives or the 

Board for more than 60 days. 

§ 4002.2 Quorum. 

Section 4002(d)(2) of ERISA 

establishes that a majority of the Board 

Members will constitute a quorum for 

the transaction of business. Any act of 

a majority of the Members present at 

any meeting at which there is a quorum 

will be the act of the Board. 

§ 4002.3 Meetings. 

(a) General. Meetings of the Board of 

Directors are called by the Chair in 

accordance with section 4002(e)(1) of 

ERISA and on the request of any Board 

Member. The Chair must provide 

reasonable notice of any meetings to 

each Board Member. 

(b) Minutes. The General Counsel of 

the Corporation serves as Secretary to 

the Board of Directors pursuant to 

section 4002(d)(5) of ERISA. The 

General Counsel must keep Board 

minutes. As soon as practicable after 

each meeting, the General Counsel must 

distribute a draft of the minutes of such 

meeting to each Member of the Board 

for approval. The Board of Directors 

may approve minutes by resolution or 

by voice vote at a subsequent meeting. 

Subject to appropriate redactions 

authorized by section 4002(e)(2)(C) of 

ERISA, approved minutes will be posted 

on PBGC’s Web site. 

§ 4002.4 Place of meetings; use of 

conference call communications 

equipment. 

(a) Place of meetings. Meetings of the 

Board of Directors will be held at the 

principal office of the Corporation or the 

Department of Labor unless otherwise 

determined by the Board of Directors or 

the Chair. 

(b) Teleconference. Any Member may 

participate in a meeting of the Board of 

Directors through the use of conference 

call telephone or similar 

communications equipment, by means 

of which all persons participating in the 

meeting can speak to and hear each 

other. Any Board Member so 

participating in a meeting will be 

deemed present for all purposes. 

Actions taken by the Board of Directors 

at meetings conducted through the use 

of such equipment, including the votes 

of each Member, must be recorded in 

the minutes of the meetings of the Board 

of Directors. 

§ 4002.5 Voting without a meeting. 

A resolution of the Board of Directors 

signed by all of the Board Members or 

all of the Board Representatives will 

have the same effect as if agreed to at 

a meeting and must be kept in the 

Corporate Minutes Book. A resolution 

for an action taken on any matter for 

which a Board Member has been 

disqualified under § 4002.6 may be 

signed by the Board Representative of 

the disqualified Board Member to the 

extent the matter is delegable under 

these bylaws. 

§ 4002.6 Conflict of interest. 

(a) Board Members and Director. The 

Board Members and the Director must 

work with their respective ethics office 

to identify actual or potential conflicts 

of interest under 18 U.S.C. 208 or 

section 4002(j) of ERISA or the 

appearance of the loss of impartiality 

under 5 CFR 2635.502. 

(b) Disqualification. A Board Member 

and the Director must notify the Board 

Members of disqualification in any 

decision or activity based on a conflict 

of interest under paragraph (a) of this 

section. To the extent a matter is 

delegable under these bylaws, the 

disqualified Board Member’s Board 

Representative, acting independently of 

that Member, may vote on the matter in 

the Member’s place. The disqualified 

Board Member may not ratify any action 

taken on the matter giving rise to his or 

her disqualification. 

§ 4002.7 Director of the Corporation and 

senior officers. 

(a) Director of the Corporation. 

Section 4002(a) and (c) of ERISA 

establish that the Corporation is 

administered by a Director. Subject to 

policies established by the Board, the 

Director is responsible for the 

Corporation’s management, including 

its personnel, organization and budget 

practices, and for carrying out the 

Corporation’s functions under Title IV 

of ERISA. The Director will timely 

provide the Board any information 

necessary to assist the Board in 

exercising its statutory responsibilities. 

The Director must submit the 

Corporation’s budget to the Chair of the 

Board for review and approval before 

formally submitting the budget to OMB. 

(b) Senior officers. The senior officers 

of the Corporation report directly to the 

Director. The Director must consult with 

the Board before eliminating or creating 

a senior officer position or making an 

appointment to a senior officer position. 

§ 4002.8 Emergency procedures. 

(a) An emergency exists if a quorum 

of the Corporation’s Board cannot 

readily be assembled or act through 

written contact because of the 

declaration of a government-wide 

emergency. These emergency 

procedures must remain in effect during 

the emergency and upon the 

termination of the emergency will cease 

to be operative unless and until another 

emergency occurs. The emergency 


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Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Rules and Regulations 42735 

procedures operate in conjunction with 

the PBGC Continuity of Operations Plan 

(‘‘COOP Plan’’) of the current year, and 

any government-wide COOP protocols 

in effect. 

(b) During an emergency, the business 

of the PBGC must continue to be 

managed in accordance with its COOP 

Plan. The functions of the Board of 

Directors must be carried out by those 

Members of the Board of Directors in 

office at the time the emergency arises, 

or by persons designated by the 

agencies’ COOP plans to act in place of 

the Board Members, who are available 

to act during the emergency. If no such 

persons are available, then the authority 

of the Board must be transferred to the 

Board Representatives who are 

available. If no Board Representatives 

are available, then the Director of the 

Corporation must perform essential 

Board functions. 

(c) During an emergency, meetings of 

the Board may be called by any 

available Member of the Board. The 

notice thereof must specify the time and 

place of the meeting. To the extent 

possible, notice must be given in 

accordance with these bylaws. Notice 

must be given to those Board Members 

whom it is feasible to reach at the time 

of the emergency, and notice may be 

given at a time less than 24 hours before 

the meeting if deemed necessary by the 

person giving notice. 

§ 4002.9 Seal. 

The seal of the Corporation must be 

in such form as may be approved from 

time to time by the Board. 

§ 4002.10 Authority and amendments. 

(a) Section 4002 of ERISA and the 

bylaws establish the authority and 

responsibilities of the Board, the Board 

Representatives, and the Director. 

(b) These bylaws may be amended or 

new bylaws adopted by unanimous vote 

of the Board. 

Issued in Washington, DC. 

W. Thomas Reeder, 

Director, Pension Benefit Guaranty 

Corporation. 

[FR Doc. 2017–19308 Filed 9–11–17; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2017–0844] 

Drawbridge Operation Regulation; 

Carquinez Strait, Martinez, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of deviation from 

drawbridge regulation. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the Union Pacific 

Railroad Drawbridge across the 

Carquinez Strait, mile 7.0, at Martinez, 

CA. The deviation is necessary to allow 

advance notification for openings due to 

mechanical issues at the bridge and to 

conduct repairs to resolve said issues. 

This deviation requires the bridge to 

open on signal if at least 30 minutes 

notice is given to the bridge operator 

from approaching vessels and allows the 

bridge to remain in the closed-tonavigation during operating equipment 

replacement. 

DATES: This deviation is effective 

without actual notice from September 

12, 2017 through 5 p.m. on September 

19, 2017. For the purposes of 

enforcement, actual notice will be used 

from September 6, 2017 until September 

12, 2017. 

ADDRESSES: The docket for this 

deviation, USCG–2017–0844 is available 

at http://www.regulations.gov. Type the 

docket number in the ‘‘SEARCH’’ box 

and click ‘‘SEARCH.’’ Click on Open 

Docket Folder on the line associated 

with this deviation. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

deviation, call or email Carl T. Hausner, 

Chief, Bridge Section, Eleventh Coast 

Guard District; telephone 510–437– 

3516; email Carl.T.Hausner@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard has recommended and the Union 

Pacific Railroad Company has agreed to 

a temporary change in the operation of 

the Union Pacific Railroad Drawbridge, 

over the Carquinez Strait, mile 7.0, at 

Martinez, CA. The drawbridge 

navigation span provides a vertical 

clearance of 70 feet above Mean High 

Water in the closed-to-navigation 

position. The draw operates as required 

by 33 CFR 117.5. Navigation on the 

waterway is commercial and 

recreational. 

Due to bridge operating equipment 

issues, the bridge will open on signal if 

at least 30 minutes notice is given to the 

bridge operator from 12 p.m. on August 

25, 2017 through 10 a.m. on September 

19, 2017. The drawspan will be secured 

in the closed-to-navigation position 

from 10 a.m. through 5 p.m. on 

September 19, 2017, to allow the bridge 

owner to replace the defective 

equipment. This temporary deviation 

has been coordinated with the waterway 

users. No objections to the proposed 

temporary deviation were raised. 

Vessels able to pass through the bridge 

in the closed position may do so at 

anytime. From 10 a.m. through 5 p.m. 

on September 19, 2017, the bridge will 

not be able to open for emergencies and 

there is no immediate alternate route for 

vessels to pass. The Coast Guard will 

also inform the users of the waterway 

through our Local and Broadcast 

Notices to Mariners of the change in 

operating schedule for the bridge so that 

vessel operators can arrange their 

transits to minimize any impact caused 

by the temporary deviation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the effective period of this 

temporary deviation. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

Dated: September 6, 2017. 

Carl T. Hausner, 

District Bridge Chief, Eleventh Coast Guard 

District. 

[FR Doc. 2017–19254 Filed 9–11–17; 8:45 am] 

BILLING CODE 9110–04–P 

LIBRARY OF CONGRESS 

U.S. Copyright Office 

37 CFR Parts 201 and 202 

[Docket No. 2017–13] 

Affixation and Position of Copyright 

Notice 

AGENCY: U.S. Copyright Office, Library 

of Congress. 

ACTION: Final rule. 

SUMMARY: This final rule makes a nonsubstantive technical change to the U.S. 

Copyright Office’s regulations governing 

the affixation and position of copyright 

notice on various types of works. 

DATES: Effective October 12, 2017. 

FOR FURTHER INFORMATION CONTACT: Erik 

Bertin, Deputy Director of Registration 

Policy and Practice, by email at ebertin@

loc.gov; or Andrew P. Moore, Barbara A. 

Ringer Honors Fellow, by email at 

amoo@loc.gov. Both can be reached by 

telephone by calling 202–707–8040. 


pmangrum on DSK3GDR082PROD with RULES1