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

submit a rule report, including a copy § 51.5 How does an agency request § 51.9 What is the proper language of of this rule, to each House of the approval? incorporation? Congress and to the Comptroller General (a) For a proposed rule, the agency (a) The language incorporating a of the United States as required under does not request formal approval but publication by reference must be the congressional review provisions of must: precise, complete, and clearly state that the Small Business Regulatory (1) Discuss, in the preamble of the the incorporation by reference is Enforcement Fairness Act of 1986. proposed rule, the ways that the intended and completed by the final materials it proposes to incorporate by rule document in which it appears. List of Subjects in 1 CFR Part 51 reference are reasonably available to * * * * * Administrative practice and interested parties or how it worked to (c) If the Director approves a procedure, Code of Federal Regulations, make those materials reasonably publication for incorporation by Federal Register, Incorporation by available to interested parties; and reference in a final rule, the agency reference. (2) Summarize, in the preamble of the must include— proposed rule, the material it proposes (1) The following language under the For the reasons discussed in the to incorporate by reference. DATES caption of the preamble to the preamble, under the authority at 5 (b) For a final rule, the agency must final rule document (See 1 CFR 18.12 U.S.C. 552(a), the Director of the Federal request formal approval. The formal Preamble requirements): Register amends chapter II of title 1 of request package must: The incorporation by reference of the Code of Federal Regulations as set (1) Send a letter that contains a certain publications listed in the forth below: written request for approval at least 20 regulations is approved by the Director working days before the agency intends of the Federal Register as of llll. PART 51—INCORPORATION BY to submit the final rule document for REFERENCE (2) The preamble requirements set out publication; in 51.5(b). (2) Discuss, in the preamble of the (3) The term ‘‘incorporation by ■ 1. The authority citation for part 51 final rule, the ways that the materials it reference’’ in the list of index terms (See continues to read as follows: incorporates by reference are reasonably 1 CFR 18.20 Identification of subjects in Authority: 5 U.S.C. 552(a). available to interested parties and how agency regulations). interested parties can obtain the ■ 2. Revise 51.3 to read as follows: materials; Dated: November 3, 2014. (3) Summarize, in the preamble of the Amy P. Bunk, § 51.3 When will the Director approve a final rule, the material it incorporates by Acting Director, Office of the Federal Register. publication? reference; [FR Doc. 2014–26445 Filed 11–6–14; 8:45 am] (a)(1) The Director will informally (4) Send a copy of the final rule BILLING CODE 1505–02–P approve the proposed incorporation by document that uses the proper language reference of a publication when the of incorporation with the written preamble of a proposed rule meets the request (See § 51.9); and OFFICE OF PERSONNEL requirements of this part (See § 51.5(a)). (5) Ensure that a copy of the MANAGEMENT incorporated material is on file at the (2) If the preamble of a proposed rule Office of the Federal Register. 5 CFR Part 843 does not meet the requirements of this (c) Agencies may consult with the part, the Director will return the Office of the Federal Register at any RIN 3206–AM99 document to the agency (See 1 CFR 2.4). time with respect to the requirements of Federal Employees’ Retirement (b) The Director will formally approve this part. the incorporation by reference of a System; Present Value Conversion ■ 4. In § 51.7, revise paragraph (a) to Factors for Spouses of Deceased publication in a final rule when the read as follows: following requirements are met: Separated Employees (1) The publication is eligible for § 51.7 What publications are eligible? AGENCY: Office of Personnel incorporation by reference (See § 51.7). (a) A publication is eligible for Management. incorporation by reference under 5 (2) The preamble meets the ACTION: Final rule. U.S.C. 552(a) if it— requirements of this part (See (1) Conforms to the policy stated in SUMMARY: The Office of Personnel § 51.5(b)(2)). § 51.1; Management (OPM) is adopting its (3) The language of incorporation (2)(i) Is published data, criteria, proposed rule to revise the table of meets the requirements of this part (See standards, specifications, techniques, reduction factors for early commencing § 51.9). illustrations, or similar material; and dates of survivor annuities for spouses (4) The publication is on file with the (ii) Does not detract from the of separated employees who die before Office of the Federal Register. usefulness of the Federal Register the date on which they would be (5) The Director has received a written publication system; and eligible for unreduced deferred (3) Is reasonably available to and request from the agency to approve the annuities, and to revise the annuity usable by the class of persons affected. incorporation by reference of the factor for spouses of deceased In determining whether a publication is publication. employees who die in service when usable, the Director will consider— those spouses elect to receive the basic (c) The Director will notify the agency (i) The completeness and ease of employee death benefit in 36 of the approval or disapproval of an handling of the publication; and installments under the Federal incorporation by reference in a final rule (ii) Whether it is bound, numbered, Employees’ Retirement System (FERS) within 20 working days after the agency and organized, as applicable. Act of 1986. These rules are necessary has met all the requirements for * * * * * to ensure that the tables conform to the requesting approvals (See § 51.5). ■ 5. In 51.9, revise paragraphs (a) and (c) economic and demographic ■ 3. Revise 51.5 to read as follows: to read as follows: assumptions adopted by the Board of

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Actuaries and published in the Federal U.S. Office of Personnel Management. Age of separated employee Multiplier Register on May 21, 2014, as required Katherine Archuleta, at birthday before death by 5 U.S.C. 8461(i). Director. 49 ...... 3725 DATES: This rule becomes effective on For the reasons stated in the 50 ...... 4008 November 7, 2014. preamble, the Office of Personnel 51 ...... 4313 Management amends 5 CFR part 843 as 52 ...... 4644 FOR FURTHER INFORMATION CONTACT: follows: 53 ...... 5001 Roxann Johnson, (202) 606–0299. 54 ...... 5387 SUPPLEMENTARY INFORMATION: On May PART 843—FEDERAL EMPLOYEES 55 ...... 5806 21, 2014, OPM published at 79 FR RETIREMENT SYSTEM—DEATH 56 ...... 6262 29224, a notice in the Federal Register BENEFITS AND EMPLOYEE REFUNDS 57 ...... 6756 to revise the normal cost percentages 58 ...... 7295 ■ 1. The authority citation for part 843 59 ...... 7882 under the Federal Employees’ continues to read as follows: 60 ...... 8525 Retirement System (FERS) Act of 1986, 61 ...... 9228 Public Law 99–335, 100 Stat. 514, as Authority: 5 U.S.C. 8461; §§ 843.205, 843.208, and 843.209 also issued under 5 amended, based on economic U.S.C. 8424; § 843.309 also issued under 5 assumptions and demographic factors With at least 20, but less than 30 years U.S.C. 8442; § 843.406 also issued under 5 of creditable service— adopted by the Board of Actuaries of the U.S.C. 8441. Civil Service Retirement System. Under Subpart C—Current and Former Age of separated employee 5 U.S.C. 8461(i), the demographic at birthday before death Multiplier factors and economic assumptions Spouse Benefits require corresponding changes in factors 36 ...... 1693 ■ 2. In § 843.309, revise paragraph (b)(2) used to produce actuarially equivalence 37 ...... 1825 to read as follows: when required by the FERS Act. As a 38 ...... 1966 result, on July 18, 2014, at 79 FR 41929, § 843.309 Basic employee death benefit. 39 ...... 2116 OPM published a proposed rule in the * * * * * 40 ...... 2276 Federal Register to revise the table of (b) * * * 41 ...... 2449 reduction factors in Appendix A to (2) For deaths occurring on or after 42 ...... 2634 43 ...... 2833 subpart C of part 843, Code of Federal October 1, 2014, 36 equal monthly 44 ...... 3047 installments of 2.99522 percent of the Regulations, for early commencing dates 45 ...... 3276 of survivor annuities for spouses of amount of the basic employee death 46 ...... 3523 separated employees who die before the benefit. 47 ...... 3787 date on which they would be eligible for * * * * * 48 ...... 4073 unreduced deferred annuities, and to ■ 3. Revise Appendix A to subpart C of 49 ...... 4380 revise the annuity factor for spouses of part 843 to read as follows: 50 ...... 4712 deceased employees who die in service 51 ...... 5070 when those spouses elect to receive the Appendix A to Subpart C of Part 843— 52 ...... 5457 basic employee death benefit in 36 Present Value Conversion Factors for 53 ...... 5875 installments under 5 CFR 843.309. OPM Earlier Comencing Date of Annuities of 54 ...... 6327 received no written comments on the Current and Former Spouses of 55 ...... 6818 proposed rule. Deceased Separated Employees 56 ...... 7351 With at least 10 but less than 20 years 57 ...... 7930 Executive Order 12866, Regulatory of creditable service— 58 ...... 8560 Review 59 ...... 9248 Age of separated employee This rule has been reviewed by the at birthday before death Multiplier Office of Management and Budget in With at least 30 years of creditable service— accordance with Executive Order (E.O.) 26 ...... 0638 12866, as amended by E.O. 13258 and 27 ...... 0700 28 ...... 0764 Age of Multiplier by separated E.O. 13422. separated employee’s year of birth 29 ...... 0831 employee Regulatory Flexibility Act 30 ...... 0902 at birthday 31 ...... 0978 before After 1966 From 1950 I certify that this regulation will not 32 ...... 1058 death through 1966 have a significant economic impact on 33 ...... 1142 a substantial number of small entities 34 ...... 1233 46 ...... 4457 .4811 because the regulation will only affect 35 ...... 1331 47 ...... 4790 .5170 retirement payments to surviving 36 ...... 1435 48 ...... 5151 .5559 37 ...... 1547 49 ...... 5538 .5976 current and former spouses of former 38 ...... 1667 employees and Members who separated 50 ...... 5955 .6426 39 ...... 1794 51 ...... 6405 .6911 from Federal service with title to a 40 ...... 1931 52 ...... 6892 .7435 deferred annuity. 41 ...... 2079 53 ...... 7417 .8001 42 ...... 2236 List of Subjects in 5 CFR Part 843 43 ...... 2406 54 ...... 7986 .8614 44 ...... 2588 55 ...... 8603 .9279 Air traffic controllers, Disability 45 ...... 2784 56 ...... 9272 1.0000 benefits, Firefighters, Government 46 ...... 2993 employees, Law enforcement officers, 47 ...... 3218 [FR Doc. 2014–26469 Filed 11–6–14; 8:45 am] Pensions, Retirement. 48 ...... 3463 BILLING CODE 6325–38–P

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