Federal Register / Vol. 76, No. 220 / Tuesday, November 15, 2011 / Rules and Regulations 70639 

apprehension, which would undermine the 

entire investigative process. 

(b) From subsection (d) (Access to Records) 

because access to the records contained in 

this system of records could inform the 

subject of an investigation of an actual or 

potential criminal, civil, or regulatory 

violation to the existence of that investigation 

and/or reveal investigative interest on the 

part of DHS or another agency. Access to the 

records could permit the individual who is 

the subject of a record to impede the 

investigation, to tamper with witnesses or 

evidence, and to avoid detection or 

apprehension. Amendment of the records 

could interfere with ongoing investigations 

and law enforcement activities and would 

impose an unreasonable administrative 

burden by requiring investigations to be 

continually reinvestigated. In addition, 

permitting access and amendment to such 

information could disclose security-sensitive 

information that could be detrimental to 

homeland security. 

(c) From subsection (e)(1) (Relevancy and 

Necessity of Information) because in the 

course of investigations into potential 

violations of federal law, the accuracy of 

information obtained or introduced 

occasionally may be unclear, or the 

information may not be strictly relevant or 

necessary to a specific investigation. In the 

interests of effective law enforcement, it is 

appropriate to retain all information that may 

aid in establishing patterns of unlawful 

activity. 

(d) From subsections (e)(4)(G), (e)(4)(H), 

and (e)(4)(I) (Agency Requirements) and (f) 

(Agency Rules) because portions of this 

system are exempt from the individual access 

provisions of subsection (d) for the reasons 

noted above, and therefore DHS is not 

required to establish requirements, rules, or 

procedures with respect to such access. 

Providing notice to individuals with respect 

to existence of records pertaining to them in 

the system of records, or otherwise setting up 

procedures pursuant to which individuals 

may access and view records pertaining to 

themselves in the system, would undermine 

investigative efforts and reveal the identities 

of witnesses, and potential witnesses, and 

confidential informants. 

Dated: November 2, 2011. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2011–29452 Filed 11–9–11; 8:45 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF AGRICULTURE 

Office of Advocacy and Outreach 

7 CFR Part 2502 

RIN 0503–AA49 

Agricultural Career and Employment 

Grants Program; Correction 

AGENCY: Office of Advocacy and 

Outreach, Departmental Management, 

USDA. 

ACTION: Interim rule with request for 

comments; correction. 

SUMMARY: On November 8, 2011, the 

Office of Advocacy and Outreach 

published an interim rule concerning 

grants to assist agricultural employers 

and farmworkers by improving the 

supply, stability, safety, and training of 

the agricultural labor force. The 

effective date for the rule was 

inadvertently omitted. This document 

establishes the effective date of that 

November 8 interim final rule. 

DATES: The effective date for the interim 

rule published November 8, 2011, at 76 

FR 69114, is November 15, 2011, and is 

applicable beginning November 8, 2011. 

Comments on the November 8 interim 

rule must still be received by the agency 

on or before December 8, 2011, to be 

assured of consideration. 

ADDRESSES: You may submit comments 

on the interim rule, identified by RIN 

0503–AA49 by any of the following 

methods: 

Federal e-Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Email: 

christine.chavez@osec.usda.gov. Include 

Regulatory Information Number (RIN) 

number 0503–AA49 in the subject line 

of the message. 

Fax: (202) 720–7136 

Mail: Comments may be mailed to the 

Office of Advocacy and Outreach, U.S. 

Department of Agriculture, 1400 

Independence Avenue SW., Room 520– 

A, Stop 9801, Washington DC 20250– 

9821. 

Hand Delivery/Courier: Office of 

Advocacy and Outreach, U.S. 

Department of Agriculture, 1400 

Independence Avenue SW., Room 520– 

A, Washington, DC 20250. 

Instructions: All submissions received 

must include the agency name and the 

RIN for this rulemaking. All comments 

received will be posted without change 

to http://www.regulations.gov, including 

any personal information provided. 

FOR FURTHER INFORMATION CONTACT: 

Christine Chavez, Program Leader, 

Farmworker Coordination, Office of 

Advocacy and Outreach, U.S. 

Department of Agriculture, 1400 

Independence Avenue SW., Stop 9801, 

Washington, DC 20250, Voice: (202) 

205–4215, Fax: (202) 720–7136, Email: 

christine.chavez@osec.usda.gov. 

SUPPLEMENTARY INFORMATION: 

Need for Correction 

On November 8, 2011 (76 FR 69114), 

the Office of Advocacy and Outreach 

published an interim rule. Due to an 

editing error, the effective date for the 

rule was omitted. 

Dated: November 8, 2011. 

Christine Chavez, 

Program Leader, Farmworker Coordination. 

[FR Doc. 2011–29389 Filed 11–14–11; 8:45 am] 

BILLING CODE 3412–89–P 

PENSION BENEFIT GUARANTY 

CORPORATION 

29 CFR Part 4022 

Benefits Payable in Terminated SingleEmployer Plans; Interest Assumptions 

for Paying Benefits 

AGENCY: Pension Benefit Guaranty 

Corporation. 

ACTION: Final rule. 

SUMMARY: This final rule amends the 

Pension Benefit Guaranty Corporation’s 

regulation on Benefits Payable in 

Terminated Single-Employer Plans to 

prescribe interest assumptions under 

the regulation for valuation dates in 

December 2011. The interest 

assumptions are used for paying 

benefits under terminating singleemployer plans covered by the pension 

insurance system administered by 

PBGC. 

DATES: Effective December 1, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Catherine B. Klion 

(Klion.Catherine@pbgc.gov), Manager, 

Regulatory and Policy Division, 

Legislative and Regulatory Department, 

Pension Benefit Guaranty Corporation, 

1200 K Street NW., Washington, DC 

20005, (202) 326–4024. (TTY/TDD users 

may call the Federal relay service tollfree at 1–(800) 877–8339 and ask to be 

connected to (202) 326–4024.) 

SUPPLEMENTARY INFORMATION: PBGC’s 

regulation on Benefits Payable in 

Terminated Single-Employer Plans (29 

CFR part 4022) prescribes actuarial 

assumptions—including interest 

assumptions—for paying plan benefits 

under terminating single-employer 

plans covered by title IV of the 

Employee Retirement Income Security 

Act of 1974. The interest assumptions in 

the regulation are also published on 

PBGC’s Web site (http://www.pbgc.gov). 

PBGC uses the interest assumptions in 

Appendix B to Part 4022 to determine 

whether a benefit is payable as a lump 

sum and to determine the amount to 

pay. Appendix C to Part 4022 contains 

interest assumptions for private-sector 

pension practitioners to refer to if they 

wish to use lump-sum interest rates 

determined using PBGC’s historical 

methodology. Currently, the rates in 

Appendices B and C of the benefit 

payment regulation are the same. 


jlentini on DSK4TPTVN1PROD with RULES
70640 Federal Register / Vol. 76, No. 220 / Tuesday, November 15, 2011 / Rules and Regulations 

1Appendix B to PBGC’s regulation on Allocation 

of Assets in Single-Employer Plans (29 CFR Part 

4044) prescribes interest assumptions for valuing 

benefits under terminating covered single-employer 

plans for purposes of allocation of assets under 

ERISA section 4044. Those assumptions are 

updated quarterly. 

The interest assumptions are intended 

to reflect current conditions in the 

financial and annuity markets. 

Assumptions under the benefit 

payments regulation are updated 

monthly. This final rule updates the 

benefit payments interest assumptions 

for December 2011.1

The December 2011 interest 

assumptions under the benefit payments 

regulation will be 1.50 percent for the 

period during which a benefit is in pay 

status and 4.00 percent during any years 

preceding the benefit’s placement in pay 

status. In comparison with the interest 

assumptions in effect for November 

2011, these interest assumptions are 

unchanged. 

PBGC has determined that notice and 

public comment on this amendment are 

impracticable and contrary to the public 

interest. This finding is based on the 

need to determine and issue new 

interest assumptions promptly so that 

the assumptions can reflect current 

market conditions as accurately as 

possible. 

Because of the need to provide 

immediate guidance for the payment of 

benefits under plans with valuation 

dates during December 2011, PBGC 

finds that good cause exists for making 

the assumptions set forth in this 

amendment effective less than 30 days 

after publication. 

PBGC has determined that this action 

is not a ‘‘significant regulatory action’’ 

under the criteria 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 4022 

Employee benefit plans, Pension 

insurance, Pensions, Reporting and 

recordkeeping requirements. 

In consideration of the foregoing, 29 

CFR part 4022 is amended as follows: 

PART 4022—BENEFITS PAYABLE IN 

TERMINATED SINGLE-EMPLOYER 

PLANS 

■ 1. The authority citation for part 4022 

continues to read as follows: 

Authority: 29 U.S.C. 1302, 1322, 1322b, 

1341(c)(3)(D), and 1344. 

■ 2. In appendix B to part 4022, Rate Set 

218, as set forth below, is added to the 

table. 

Appendix B to Part 4022—Lump Sum 

Interest Rates for PBGC Payments 

* * * * * 

Rate set 

For plans with a valuation 

date Immediate 

annuity rate 

(percent) 

Deferred annuities (percent) 

On or after Before i1 i2 i3 n1 n2

*******

218 12–1–11 1–1–12 1.50 4.00 4.00 4.00 7 8 

■ 3. In appendix C to part 4022, Rate Set 

218, as set forth below, is added to the 

table. 

Appendix C to Part 4022—Lump Sum 

Interest Rates for Private-Sector 

Payments 

* * * * * 

Rate set 

For plans with a valuation 

date Immediate 

annuity rate 

(percent) 

Deferred annuities (percent) 

On or after Before i1 i2 i3 n1 n2

*******

218 12–1–11 1–1–12 1.50 4.00 4.00 4.00 7 8 

Issued in Washington, DC, on this 4th day 

of November 2011. 

Laricke Blanchard, 

Deputy Director for Policy, Pension Benefit 

Guaranty Corporation. 

[FR Doc. 2011–29461 Filed 11–14–11; 8:45 am] 

BILLING CODE 7709–01–P 

DEPARTMENT OF THE TREASURY 

Office of the Secretary 

31 CFR Part 1 

RIN 1505–AC33 

Privacy Act of 1974; Implementation 

AGENCY: Internal Revenue Service, 

Treasury. 

ACTION: Final rule. 

SUMMARY: In accordance with the 

requirements of the Privacy Act of 1974, 

as amended, 5 U.S.C. 552a, the 

Department of the Treasury gives notice 

of an amendment to this part to reflect 

consolidation of existing Internal 

Revenue Service (IRS) systems of 

records and to continue to exempt the 

resulting revised systems of records 

from certain provisions of the Privacy 

Act. The Office of Chief Counsel has 

consolidated twelve systems of records 

into six systems of records. This final 

rule migrates the previously approved 

exemptions to the newly revised, 

renamed, and renumbered systems of 

records. 

DATES: This rule is effective November 

15, 2011. 

ADDRESSES: Inquiries may be addressed 

to Sarah Tate, Office of Associate Chief 

Counsel, Procedure & Administration, 


jlentini on DSK4TPTVN1PROD with RULES