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19429

Rules and Regulations Federal Register


Vol. 71, No. 72

Friday, April 14, 2006

This section of the FEDERAL REGISTER information. Therefore, a freedom of Payable in Terminated Single-Employer
contains regulatory documents having general information summary is not required. Plans and Allocation of Assets in
applicability and legal effect, most of which The agency has determined under 21 Single-Employer Plans prescribe interest
are keyed to and codified in the Code of CFR 25.33(d)(1) that this action is of a assumptions for valuing and paying
Federal Regulations, which is published under type that does not individually or benefits under terminating single-
50 titles pursuant to 44 U.S.C. 1510.
cumulatively have a significant effect on employer plans. This final rule amends
The Code of Federal Regulations is sold by the human environment. Therefore, the regulations to adopt interest
the Superintendent of Documents. Prices of neither an environmental assessment assumptions for plans with valuation
new books are listed in the first FEDERAL nor an environmental impact statement dates in May 2006. Interest assumptions
REGISTER issue of each week. is required. are also published on the PBGC’s Web
This rule does not meet the definition site (http://www.pbgc.gov).
of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because DATES: Effective May 1, 2006.
DEPARTMENT OF HEALTH AND it is a rule of ‘‘particular applicability.’’
HUMAN SERVICES Therefore, it is not subject to the FOR FURTHER INFORMATION CONTACT:
congressional review requirements in 5 Catherine B. Klion, Attorney, Legislative
Food and Drug Administration U.S.C. 801–808. and Regulatory Department, Pension
Benefit Guaranty Corporation, 1200 K
21 CFR Part 520 List of Subjects in 21 CFR Part 520 Street, NW., Washington, DC 20005,
Animal drugs. 202–326–4024. (TTY/TDD users may
Oral Dosage Form New Animal Drugs; ■ Therefore, under the Federal Food, call the Federal relay service toll-free at
Fenbendazole Granules Drug, and Cosmetic Act and under the 1–800–877–8339 and ask to be
authority delegated to the Commissioner connected to 202–326–4024.)
AGENCY: Food and Drug Administration,
HHS. of Food and Drugs and redelegated to SUPPLEMENTARY INFORMATION: The
the Center for Veterinary Medicine, 21 PBGC’s regulations prescribe actuarial
ACTION: Final rule.
CFR part 520 is amended as follows: assumptions—including interest
SUMMARY: The Food and Drug assumptions—for valuing and paying
PART 520—ORAL DOSAGE FORM plan benefits of terminating single-
Administration (FDA) is amending the
NEW ANIMAL DRUGS employer plans covered by title IV of
animal drug regulations to reflect
approval of a supplemental new animal ■ 1. The authority citation for 21 CFR the Employee Retirement Income
drug application (NADA) filed by part 520 continues to read as follows: Security Act of 1974. The interest
Intervet, Inc. The supplemental NADA assumptions are intended to reflect
Authority: 21 U.S.C. 360b. current conditions in the financial and
provides for minor changes to the
labeling of over-the-counter § 520.905b [Amended] annuity markets.
fenbendazole granules, used for the Three sets of interest assumptions are
■ 2. In paragraph (d)(2)(ii) of § 520.905b, prescribed: (1) A set for the valuation of
treatment and control of certain internal remove the word ‘‘removal’’ and add, in
parasites in dogs. benefits for allocation purposes under
its place, the words ‘‘treatment and section 4044 (found in Appendix B to
DATES: This rule is effective April 14, control’’.
2006. Part 4044), (2) a set for the PBGC to use
Dated: April 6, 2006. to determine whether a benefit is
FOR FURTHER INFORMATION CONTACT: Steven D. Vaughn, payable as a lump sum and to determine
Melanie R. Berson, Center for Veterinary Director, Office of New Animal Drug lump-sum amounts to be paid by the
Medicine (HFV–110), Food and Drug Evaluation, Center for Veterinary Medicine. PBGC (found in Appendix B to Part
Administration, 7500 Standish Pl., [FR Doc. 06–3586 Filed 4–13–06; 8:45 am] 4022), and (3) a set for private-sector
Rockville, MD 20855, 301–827–7540, e- BILLING CODE 4160–01–S pension practitioners to refer to if they
mail: melanie.berson@fda.hhs.gov. wish to use lump-sum interest rates
SUPPLEMENTARY INFORMATION: Intervet, determined using the PBGC’s historical
Inc., P.O. Box 318, 29160 Intervet Lane, PENSION BENEFIT GUARANTY methodology (found in Appendix C to
Millsboro, DE 19966, filed a supplement CORPORATION Part 4022).
to NADA 121–473 that provides for This amendment (1) Adds to
over-the-counter use in dogs of SAFE- 29 CFR Parts 4022 and 4044 Appendix B to Part 4044 the interest
GUARD (fenbendazole) Canine, orally assumptions for valuing benefits for
administered granules used for the Benefits Payable in Terminated Single- allocation purposes in plans with
treatment and control of certain internal Employer Plans; Allocation of Assets valuation dates during May 2006, (2)
parasites. The supplemental NADA in Single-Employer Plans; Interest adds to Appendix B to Part 4022 the
provides for minor changes to product Assumptions for Valuing and Paying interest assumptions for the PBGC to
labeling. The supplemental NADA is Benefits use for its own lump-sum payments in
approved as of March 17, 2006, and the plans with valuation dates during May
hsrobinson on PROD1PC61 with RULES

AGENCY: Pension Benefit Guaranty


regulations are amended in 21 CFR Corporation. 2006, and (3) adds to Appendix C to
520.905b to reflect the approval. ACTION: Final rule. Part 4022 the interest assumptions for
Approval of this supplemental NADA private-sector pension practitioners to
did not require review of additional SUMMARY: The Pension Benefit Guaranty refer to if they wish to use lump-sum
safety or effectiveness data or Corporation’s regulations on Benefits interest rates determined using the

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19430 Federal Register / Vol. 71, No. 72 / Friday, April 14, 2006 / Rules and Regulations

PBGC’s historical methodology for status. These interest assumptions amendment, the Regulatory Flexibility
valuation dates during May 2006. represent an increase (from those in Act of 1980 does not apply. See 5 U.S.C.
For valuation of benefits for allocation effect for April 2006) of 0.25 percent for 601(2).
purposes, the interest assumptions that the period during which a benefit is in
List of Subjects
the PBGC will use (set forth in pay status and are otherwise unchanged.
Appendix B to part 4044) will be 5.90 For private-sector payments, the 29 CFR Part 4022
percent for the first 20 years following interest assumptions (set forth in
Appendix C to part 4022) will be the Employee benefit plans, Pension
the valuation date and 4.75 percent insurance, Pensions, Reporting and
thereafter. These interest assumptions same as those used by the PBGC for
determining and paying lump sums (set recordkeeping requirements.
represent an increase (from those in
effect for April 2006) of 0.30 percent for forth in Appendix B to part 4022). 29 CFR Part 4044
the first 20 years following the valuation The PBGC has determined that notice
and public comment on this amendment Employee benefit plans, Pension
date and are otherwise unchanged. insurance, Pensions.
These interest assumptions reflect the are impracticable and contrary to the
public interest. This finding is based on ■ In consideration of the foregoing, 29
PBGC’s recently updated mortality
the need to determine and issue new CFR parts 4022 and 4044 are amended
assumptions, which are effective for
interest assumptions promptly so that as follows:
terminations on or after January 1, 2006.
the assumptions can reflect, as
See the PBGC’s final rule published
accurately as possible, current market PART 4022—BENEFITS PAYABLE IN
December 2, 2005 (70 FR 72205), which
conditions. TERMINATED SINGLE-EMPLOYER
is available at http://www.pbgc.gov/ Because of the need to provide
docs/05-23554.pdf. Because the updated PLANS
immediate guidance for the valuation
mortality assumptions reflect and payment of benefits in plans with ■ 1. The authority citation for part 4022
improvements in mortality, these valuation dates during May 2006, the continues to read as follows:
interest assumptions are higher than PBGC finds that good cause exists for
they would have been using the old Authority: 29 U.S.C. 1302, 1322, 1322b,
making the assumptions set forth in this 1341(c)(3)(D), and 1344.
mortality assumptions. amendment effective less than 30 days
The interest assumptions that the after publication. ■ 2. In appendix B to part 4022, Rate Set
PBGC will use for its own lump-sum The PBGC has determined that this 151, as set forth below, is added to the
payments (set forth in Appendix B to action is not a ‘‘significant regulatory table.
part 4022) will be 3.00 percent for the action’’ under the criteria set forth in
period during which a benefit is in pay Appendix B to Part 4022—Lump Sum
Executive Order 12866.
status and 4.00 percent during any years Because no general notice of proposed Interest Rates for PBGC Payments
preceding the benefit’s placement in pay rulemaking is required for this * * * * *

For plans with a valuation Deferred annuities


Immediate
date (percent)
Rate set annuity rate
(percent)
On or after Before i1 i2 i3 n1 n2

* * * * * * *
151 5–1–06 6–1–06 3.00 4.00 4.00 4.00 7 8

■ 3. In appendix C to part 4022, Rate Set Appendix C to Part 4022—Lump Sum


151, as set forth below, is added to the Interest Rates for Private-Sector
table. Payments
* * * * *

For plans with a valuation Deferred annuities


Immediate
date (percent)
Rate set annuity rate
(percent)
On or after Before i1 i2 i3 n1 n2

* * * * * * *
151 5–1–06 6–1–06 3.00 4.00 4.00 4.00 7 8

PART 4044—ALLOCATION OF Authority: 29 U.S.C. 1301(a), 1302(b)(3), Appendix B to Part 4044—Interest


ASSETS IN SINGLE-EMPLOYER 1341, 1344, 1362. Rates Used to Value Benefits
PLANS * * * * *
■ 5. In appendix B to part 4044, a new
■ 4. The authority citation for part 4044 entry for May 2006, as set forth below,
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continues to read as follows: is added to the table.

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Federal Register / Vol. 71, No. 72 / Friday, April 14, 2006 / Rules and Regulations 19431

The values of it are:


For valuation dates occurring in the month—
it for t = it for t = it for t =

* * * * * * *
May 2006 ...................................................................................... .0590 1–20 .0475 >20 N/A N/A

Issued in Washington, DC, on this 7th day copying at the Docket Management public is, however, informed of these
of April 2006. Facility, U.S. Department of rules through Local Notices to Mariners,
Vincent K. Snowbarger, Transportation, Room PL–401, 400 press releases, and other means.
Deputy Executive Director, Pension Benefit Seventh Street, SW., Washington, DC Moreover, actual notification is
Guaranty Corporation. 20593–0001 between 9 a.m. and 5 p.m., provided by Coast Guard patrol vessels
[FR Doc. 06–3572 Filed 4–13–06; 8:45 am] Monday through Friday, except Federal enforcing the restrictions imposed by
BILLING CODE 7709–01–P holidays. You may electronically access the rule. Because Federal Register
the public docket for this notice on the publication was not possible before the
Internet at http://dms.dot.gov. beginning of the effective period,
DEPARTMENT OF HOMELAND FOR FURTHER INFORMATION CONTACT: For mariners were personally notified of the
SECURITY questions on this notice contact Ms. contents of these special local
Lesley Mose, Office of Regulations and regulations, security zones, or safety
Coast Guard Administrative Law, telephone (202) zones by Coast Guard officials’ on-scene
267–1477. For questions on viewing, or prior to any enforcement action.
33 CFR Parts 100, 147 and/or 165 on submitting material to the docket, However, the Coast Guard, by law, must
contact Ms. Angie Ames, Program publish in the Federal Register notice of
[USCG–2006–24413] substantive rules adopted. To meet this
Manager, Docket Operations, telephone
202–366–5115. obligation without imposing undue
Quarterly Listings; Safety Zones,
SUPPLEMENTARY INFORMATION: Coast
expense on the public, the Coast Guard
Security Zones and Special Local
Guard District Commanders and periodically publishes a list of these
Regulations
Captains of the Port (COTP) must be special local regulations, security zones,
AGENCY: Coast Guard, DHS. immediately responsive to the safety and safety zones regulations. Permanent
ACTION: Notice of temporary rules and security needs within their rules are not included in this list
issued. jurisdiction; therefore, District because they are published in their
Commanders and COTPs have been entirety in the Federal Register.
SUMMARY: This document provides
delegated the authority to issue certain Temporary rules are also published in
required notice of substantive rules local regulations. Safety zones may be their entirety if sufficient time is
issued by the Coast Guard and established for safety or environmental available to do so before they are placed
temporarily effective between October 1, purposes. A safety zone may be in effect or terminated. The safety zones,
2005 and December 31, 2005, which stationary and described by fixed limits special local regulations and security
were not published in the Federal or it may be described as a zone around zones regulations listed in this notice
Register. This quarterly notice lists a vessel in motion. Security zones limit have been exempted from review under
special local regulations, security zones, access to prevent injury or damage to Executive Order 12866, Regulatory
and safety zones, all of limited duration vessels, ports, or waterfront facilities Planning and Review, because of their
and for which timely publication in the and may also describe a zone around a emergency nature, or limited scope and
Federal Register was not possible. vessel in motion. Special local temporary effectiveness.
DATES: This document lists temporary regulations are issued to enhance the The following rules were placed in
Coast Guard rules that became effective safety of participants and spectators at effect temporarily during the period
and were terminated between October 1, regattas and other marine events. from October 1, 2005, through December
2005 and December 31, 2005. Timely publication of these rules in the 31, 2005, unless otherwise indicated.
ADDRESSES: The Docket Management Federal Register is often precluded Dated: April 5, 2006.
Facility maintains the public docket for when a rule responds to an emergency, S.G. Venckus,
this notice. Documents indicated in this or when an event occurs without Chief, Office of Regulations and
notice will be available for inspection or sufficient advance notice. The affected Administrative Law.

Docket No. Location Type Date

CGD01–05–093 ..... Boston, MA ................................... Safety Zones (Parts 147 and 165) ...................................................... 10/5/2005
CGD05–05–121 ..... Virginia Beach, VA ....................... Safety Zones (Parts 147 and 165) ...................................................... 10/1/2005
CGD05–05–132 ..... Norfolk, VA ................................... Safety Zones (Parts 147 and 165) ...................................................... 11/22/2005
CGD05–05–133 ..... Annapolis, MD .............................. Security Zones (Part 165) .................................................................... 11/30/2005
CGD05–05–134 ..... James River, VA ........................... Safety Zones (Parts 147 and 165) ...................................................... 11/28/2005
CGD05–05–135 ..... James River, VA ........................... Safety Zones (Parts 147 and 165) ...................................................... 12/1/2005
CGD05–05–136 ..... James River, VA ........................... Safety Zones (Parts 147 and 165) ...................................................... 12/5/2005
CGD05–05–500 ..... Cape Fear River, NC .................... Safety Zones (Parts 147 and 165) ...................................................... 12/26/2005
hsrobinson on PROD1PC61 with RULES

CGD07–05–137 ..... Jacksonville, FL ............................ Special Local Regulations (Part 100) .................................................. 11/26/2005
CGD07–05–150 ..... Savannah, GA .............................. Special Local Regulations (Part 100) .................................................. 11/26/2005
CGD07–05–151 ..... Charleston, SC ............................. Special Local Regulations (Part 100) .................................................. 12/3/2005
CGD09–05–129 ..... Waugoshance Light House, MI .... Safety Zones (Parts 147 and 165) ...................................................... 10/5/2005
CGD09–05–132 ..... Chicago, IL ................................... Safety Zones (Parts 147 and 165) ...................................................... 11/5/2005
CGD09–05–133 ..... Milwaukee, WI .............................. Safety Zones (Parts 147 and 165) ...................................................... 11/17/2005

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