[Federal Register Volume 60, Number 135 (Friday, July 14, 1995)]
[Rules and Regulations]
[Pages 36212-36213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17289]



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PENSION BENEFIT GUARANTY CORPORATION
29 CFR Part 2644


Notice and Collection of Withdrawal Liability; Adoption of New 
Interest Rate

AGENCY: Pension Benefit Guaranty Corporation.

ACTION: Final rule.

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SUMMARY: This is an amendment to the Pension Benefit Guaranty 
Corporation's regulation on Notice and Collection of Withdrawal 
Liability. That regulation incorporates certain interest rates 
published by another Federal agency. This amendment adds to the 
appendix of that regulation a new interest rate to be effective from 
July 1, 1995, to September 30, 1995. The effect of the amendment is to 
advise the public of the new rate.

EFFECTIVE DATE: July 1, 1995.

FOR FURTHER INFORMATION CONTACT:
Harold J. Ashner, Assistant General Counsel, Office of the General 
Counsel, Pension Benefit Guaranty Corporation, 1200 K Street NW., 
Washington, DC 20005-4026; telephone 202-326-4024 (202-326-4179 for TTY 
and TDD). These are not toll-free numbers.

SUPPLEMENTARY INFORMATION: Under section 4219(c) of the Employee 
Retirement Income Security Act of 1974, as amended, the Pension Benefit 
Guaranty Corporation promulgated a final regulation on Notice and 
Collection of Withdrawal Liability. That regulation, codified at 29 CFR 
part 2644, deals with the rate of interest to be charged by 
multiemployer pension plans on withdrawal liability payments that are 
overdue or in default, or to be credited by plans on overpayments of 
withdrawal liability. The regulation allows plans to set rates, subject 
to certain restrictions. Where a plan does not set the interest rate, 
Sec. 2644.3(b) of the regulation provides that the rate to be charged 
or credited for any calendar quarter is the average quoted prime rate 
on short-term commercial loans for the fifteenth day (or the next 
business day if the fifteenth day is not a business day) of the month 
preceding the beginning of the quarter, as reported by the Board of 
Governors of the Federal Reserve System in Statistical Release H. 15 
(``Selected Interest Rates'').
    Because the regulation incorporates interest rates published in 
Statistical Release H.15, that release is the authoritative source for 
the rates that are to be applied under the regulation. As 

[[Page 36213]]
a convenience to persons using the regulation, however, the PBGC 
collects the applicable rates and republishes them in an appendix to 
part 2644. This amendment adds to this appendix the interest rate of 
9.00 percent, which will be effective from July 1, 1995, through 
September 30, 1995. This rate represents no change from the rate in 
effect for the second quarter of 1995. This rate is based on the prime 
rate in effect on June 15, 1995.
    The appendix to 29 CFR part 2644 does not prescribe interest rates 
under the regulation; the rates prescribed in the regulation are those 
published in Statistical Release H.15. The appendix merely collects and 
republishes the rates in a convenient place. Thus, the interest rates 
in the appendix are informational only. Accordingly, the PBGC finds 
that notice of and public comment on this amendment would be 
unnecessary and contrary to the public interest. For the above reasons, 
the PBGC also believes that good cause exists for making this amendment 
effective immediately.
    The PBGC has determined that this action is not a ``significant 
regulatory action'' under the criteria set forth in Executive Order 
12866, because it will not have an annual effect on the economy of $100 
million or more or adversely affect in a material way the economy, a 
sector of the economy, productivity, competition, jobs, the 
environment, public health or safety, or State, local, or tribal 
governments or communities; create a serious inconsistency or otherwise 
interfere with an action taken or planned by another agency; materially 
alter the budgetary impact of entitlements, grants, user fees, or loan 
programs or the rights and obligations of recipients thereof; or raise 
novel legal or policy issues arising out of legal mandates, the 
President's priorities, or the principles 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 in 29 CFR Part 2644

    Employee benefit plans, Pensions.

    In consideration of the foregoing, part 2644 of subchapter F of 
chapter XXVI of title 29, Code of Federal Regulations, is amended as 
follows:

PART 2644--NOTICE AND COLLECTION OF WITHDRAWAL LIABILITY

    1. The authority citation for part 2644 continues to read as 
follows:

    Authority: 29 U.S.C. 1302(b)(3), 1399(c)(6).

    2. Appendix A to part 2644 is amended by adding to the end of the 
table a new entry to read as follows:

Appendix A to Part 2644--Table of Interest Rates

* * * * *

------------------------------------------------------------------------
                                                     Date of      Rate  
                  From                       To     quotation  (percent)
------------------------------------------------------------------------
                                                                        
                  *        *        *        *        *                 
7/01/95.................................   9/30/95    6/15/95       9.00
------------------------------------------------------------------------

    Issued in Washington, DC, on this 10th days of July 1995.
Martin Slate,
Executive Director, Pension Benefit Guaranty Corporation.
[FR Doc. 95-17289 Filed 7-13-95; 8:45 am]
BILLING CODE 7708-01-M