2578 Federal Register / Vol. 76, No. 10 / Friday, January 14, 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. 

made on or after December 18, 2004, 

after any of the following: 

(1) The date of notice of liquidation or 

reliquidation, or the date of liquidation 

or reliquidation, as determined under 

§§ 159.9 or 159.10 of this chapter; 

(2) The date of the decision, involving 

neither a liquidation nor reliquidation, 

as to which the protest is made (for 

example: The date of an exaction; the 

date of written notice excluding 

merchandise from entry, delivery or 

demanding redelivery to CBP custody 

under any provision of the customs 

laws; the date of written notice of a 

denial of a claim filed under section 

520(d), Tariff Act of 1930, as amended 

(19 U.S.C. 1520(d)), or; within 90 days 

of the date of denial of a petition filed 

pursuant to section 520(c)(1), Tariff Act 

of 1930, as amended (19 U.S.C. 

1520(c)(1)), relating to an entry made 

before December 18, 2004); or 

* * * * * 

■ 20. Section 174.14, paragraphs (a) and 

(b) are revised to read as follows: 

§ 174.14 Amendment of protests. 

(a) Time for filing. A protest may be 

amended at any time prior to the 

expiration of the period within which 

the protest may be filed under 

§ 174.12(e). The amendment may assert 

additional claims pertaining to the 

administrative decision that is the 

subject of the protest, or may challenge 

an additional administrative decision 

relating to the same category of 

merchandise that is the subject of the 

protest. For the presentation of 

additional grounds or arguments in 

support of a valid protest after the 

applicable protest period set forth in 

§ 174.12(e) has expired, see § 174.28. 

(b) Form and number of copies of 

amendment. If the protest was not filed 

electronically, an amendment to the 

protest must be filed in quadruplicate 

on CBP Form 19 or on a form of the 

same size, clearly labeled ‘‘Amendment 

to Protest’’ at the top of the form. 

Schedules or other attachments (other 

than samples or similar exhibits) must 

also be filed in quadruplicate. A protest 

that was transmitted to CBP 

electronically may be amended only 

through an electronic data interchange 

system authorized by CBP for that 

purpose. Electronic submissions are not 

required to be filed in quadruplicate. 

* * * * * 

■ 21. Section 174.22, paragraph (a) is 

revised to read as follows: 

§ 174.22 Accelerated disposition of 

protest. 

(a) Request for accelerated 

disposition. Accelerated disposition of a 

protest filed in accordance with section 

514, Tariff Act of 1930, as amended 

(19 U.S.C. 1514) may be obtained at any 

time after 90 days from the filing of such 

protest for entries made before 

December 18, 2004, or at any time 

concurrent with or following the filing 

of the protest for entries made on or 

after December 18, 2004, by filing by 

registered or certified mail a written 

request for accelerated disposition with 

the port director or other CBP officer 

with whom the protest was filed. 

* * * * * 

■ 22. Section 174.32 is revised to read 

as follows: 

§ 174.32 Publication. 

Within 90 calendar days after issuing 

a protest review decision, CBP will 

publish the decision in the Customs 

Bulletin or otherwise make it available 

for public inspection. Disclosure is 

governed by 6 CFR part 5 and 19 CFR 

part 103. 

Dated: January 10, 2011. 

Alan Bersin, 

Commissioner, U.S. Customs and Border 

Protection. 

[FR Doc. 2011–679 Filed 1–13–11; 8:45 am] 

BILLING CODE 9111–14–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 

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 

February 2011. Interest assumptions are 

also published on PBGC’s Web site 

(http://www.pbgc.gov). 

DATES: Effective February 1, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Catherine B. Klion, 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 toll-free 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. 

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. 

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 February 2011.1

The February 2011 interest 

assumptions under the benefit payments 

regulation will be 2.50 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 January 2011, 

these interest assumptions represent an 

increase of 0.25 percent in the 

immediate annuity rate and are 

otherwise 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 February 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. 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 76, No. 10 / Friday, January 14, 2011 / Rules and Regulations 2579 

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 

208, 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

*******

208 2–1–11 3–1–11 2.50 4.00 4.00 4.00 7 8 

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

208, 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

*******

208 2–1–11 3–1–11 2.50 4.00 4.00 4.00 7 8 

Issued in Washington, DC, on this 10th day 

of January 2011. 

Vincent K. Snowbarger, 

Deputy Director for Operations, Pension 

Benefit Guaranty Corporation. 

[FR Doc. 2011–725 Filed 1–13–11; 8:45 am] 

BILLING CODE 7709–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–1112] 

RIN 1625–AA00 

Safety Zone; Lake Mead Intake 

Construction, Lake Mead, Boulder City, 

NV 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone on the 

navigable waters of Lake Mead in 

support of the construction project for 

Lake Mead’s Intake #3 during the first 

6 months of 2011. Blasting will take 

place at regular intervals at the location 

and in the manner set forth herein. This 

safety zone is necessary to ensure 

unauthorized personnel and vessels 

remain safe by keeping clear of the 

hazardous area during blasting 

operations. Persons and vessels are 

prohibited from entering into, transiting 

through, or anchoring within this safety 

zone unless authorized by the Captain 

of the Port (COTP) or his designated 

representative. 

DATES: This rule is effective in the CFR 

on January 14, 2011 through June 30, 

2011. This rule is effective with actual 

notice for purposes of enforcement from 

January 1, 2011 until June 30, 2011. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

1112 and are available online by going 

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

USCG–2010–1112 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ They 

are also available for inspection or 

copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or e-mail BM1 Shane Jackson, 

Waterways Management, U.S. Coast 

Guard Sector San Diego, Coast Guard; 

telephone 619–278–7267, e-mail 

Shane.E.Jackson@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because such 

publication would be impractical given 

the timing of the construction. 

Immediate action is necessary to ensure 

the safety of commercial and 

recreational vessels in the vicinity of 

any blasting on the dates and times this 

rule will be in effect. 


srobinson on DSKHWCL6B1PROD with RULES