74200 Federal Register / Vol. 70, No. 240 / Thursday, December 15, 2005 / Rules and Regulations 

§ 31.3121(a)(2)–1(d)(3) for payments 

made on or after December 15, 2005), or 

* * * * * 

Mark E. Matthews, 

Deputy Commissioner of Services and 

Enforcement. 

Approved: December 1, 2005. 

Eric Solomon, 

Acting Deputy Assistant of the Treasury (Tax 

Policy). 

[FR Doc. 05–23945 Filed 12–14–05; 8:45 am] 

BILLING CODE 4830–01–U 

NATIONAL CRIME PREVENTION AND 

PRIVACY COMPACT COUNCIL 

28 CFR Part 906 

[NCPPC 113] 

Outsourcing of Noncriminal Justice 

Administrative Functions 

AGENCY: National Crime Prevention and 

Privacy Compact Council. 

ACTION: Final rule. 

SUMMARY: The Compact Council, 

established pursuant to the National 

Crime Prevention and Privacy Compact 

Act of 1998 (Compact), is adopting, as 

a final rule, without change, an interim 

final rule which permits the outsourcing 

of noncriminal justice administrative 

functions involving access to criminal 

history record information (CHRI). 

Procedures established to permit 

outsourcing are required to conform 

with the Compact Council’s 

interpretation of Articles IV and V of the 

Compact. 

DATES: This rule is effective December 

15, 2005. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Donna M. Uzzell, Compact Council 

Chairman, Florida Department of Law 

Enforcement, 2331 Phillips Road, 

Tallahassee, Florida 32308–5333, 

telephone number (850) 410–7100. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Compact, 42 U.S.C. 14616, 

establishes uniform standards and 

processes for the interstate and FederalState exchange of criminal history 

records for noncriminal justice 

purposes. The Compact was approved 

by the Congress on October 9, 1998, 

(Pub. L. 105–251) and became effective 

on April 28, 1999, when ratified by the 

second state. Article VI of the Compact 

provides for a Compact Council that has 

the authority to promulgate rules and 

procedures governing the use of the 

Interstate Identification Index (III) 

System for noncriminal justice 

purposes. On December 16, 2004, the 

Compact Council published in the 

Federal Register, 69 FR 75243, an 

interim final rule with request for 

comments. This rule permits a third 

party to perform noncriminal justice 

administrative functions relating to the 

processing of CHRI maintained in the III 

System, subject to appropriate controls, 

when acting as an agent for a 

governmental agency or other 

authorized recipient of CHRI. Published 

in a notice elsewhere in today’s edition 

of the Federal Register is the Security 

and Management Control Outsourcing 

Standard which establishes the 

appropriate controls. 

II. Discussion of Comments on the 

Interim Final Rule 

The 60-day comment period for the 

interim final rule closed on February 14, 

2005. Two comments were received 

from a state agency. 

The first comment concerned section 

906.2(b). The state agency questioned 

the clarity of what specifically was 

contemplated in the exceptions to the 

provision that contractors, agencies, or 

organizations shall not be permitted to 

have terminal access to the III System 

and suggested further explanation or 

examples of what situations would 

permit contractors to have direct 

terminal access to the III System. The 

Compact, at Article V (c), provides 

‘‘Direct access to the National 

Identification Index by entities other 

than the FBI and State criminal history 

record repositories shall not be 

permitted for noncriminal justice 

purposes’’ and 42 U.S.C. 14614(b) 

provides that ‘‘Nothing in the Compact 

shall interfere in any manner with—(1) 

access, direct or otherwise, to records 

pursuant to—(the various laws specified 

in that section) or (2) any direct access 

to Federal criminal history records 

authorized by law.’’ Therefore, 

authorized agencies (i.e., FBI, state 

repositories, and certain agencies 

performing the background checks 

authorized under 42 U.S.C. 14614(b)) 

require direct access to III in order to 

perform their authorized functions. 

Although these agencies may choose not 

to outsource these functions, the 

exception language in the rule was 

intended to not prohibit that option. 

The second comment questioned 

whether the Outsourcing Rule has any 

affect on a specific provision of the 

Security Clearance Information Act 

(SCIA) (5 U.S.C. 9101) which authorizes 

a State criminal history record 

repository to require that fingerprints 

accompany a SCIA record check request 

if certain requirements are met. 

Pursuant to the SCIA, the six covered 

federal agencies may have direct 

terminal access to the III to conduct 

record checks of individuals being 

considered for assignment or retention 

in a position with access to classified 

information, a critical or sensitive 

position, a position of public trust, etc. 

The SCIA also provides that ‘‘Such a 

request to a State criminal history 

record repository shall be accompanied 

by the fingerprints of the individual 

who is the subject of the request if 

required by State law and if the 

repository uses the fingerprints in an 

automated fingerprint identification 

system.’’ Accordingly, the Outsourcing 

Rule has no impact on this SCIA 

provision nor does the rule affect the 

state law requiring fingerprints for use 

in conducting a state automated 

fingerprint identification system record 

check for such purposes. 

The Compact Council did not believe 

that any changes to the rule were 

necessary based on the comments; 

therefore, the interim final rule is being 

adopted as final without change. 

List of Subjects in 28 CFR Part 906 

Administrative practice and 

procedure, Intergovernmental relations, 

Law Enforcement, Privacy. 

PART 906—OUTSOURCING OF 

NONCRIMINAL JUSTICE 

ADMINISTRATIVE FUNCTIONS 

Accordingly, the interim final rule 

adding part 906 which was published at 

69 FR 75243 on December 16, 2004, is 

adopted as a final rule without change. 

Dated: November 23, 2005. 

Donna M. Uzzell, 

Compact Council Chairman. 

[FR Doc. 05–24055 Filed 12–14–05; 8:45 am] 

BILLING CODE 4410–02–P 

PENSION BENEFIT GUARANTY 

CORPORATION 

29 CFR Parts 4022 and 4044 

Benefits Payable in Terminated SingleEmployer Plans; Allocation of Assets 

in Single-Employer Plans; Interest 

Assumptions for Valuing and Paying 

Benefits 

AGENCY: Pension Benefit Guaranty 

Corporation. 

ACTION: Final rule. 

SUMMARY: The Pension Benefit Guaranty 

Corporation’s regulations on Benefits 

Payable in Terminated Single-Employer 

Plans and Allocation of Assets in 

Single-Employer Plans prescribe interest 

assumptions for valuing and paying 

Federal Register / Vol. 70, No. 240 / Thursday, December 15, 2005 / Rules and Regulations 74201 

benefits under terminating singleemployer plans. This final rule amends 

the regulations to adopt interest 

assumptions for plans with valuation 

dates in January 2006. Interest 

assumptions are also published on the 

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

DATES: Effective January 1, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Catherine B. Klion, Attorney, 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: The 

PBGC’s regulations prescribe actuarial 

assumptions—including interest 

assumptions—for valuing and paying 

plan benefits of terminating singleemployer plans covered by title IV of 

the Employee Retirement Income 

Security Act of 1974. The interest 

assumptions are intended to reflect 

current conditions in the financial and 

annuity markets. 

Three sets of interest assumptions are 

prescribed: (1) A set for the valuation of 

benefits for allocation purposes under 

section 4044 (found in Appendix B to 

Part 4044), (2) a set for the PBGC to use 

to determine whether a benefit is 

payable as a lump sum and to determine 

lump-sum amounts to be paid by the 

PBGC (found in Appendix B to Part 

4022), and (3) a set for private-sector 

pension practitioners to refer to if they 

wish to use lump-sum interest rates 

determined using the PBGC’s historical 

methodology (found in Appendix C to 

Part 4022). 

This amendment (1) adds to 

Appendix B to Part 4044 the interest 

assumptions for valuing benefits for 

allocation purposes in plans with 

valuation dates during January 2006, (2) 

adds to Appendix B to Part 4022 the 

interest assumptions for the PBGC to 

use for its own lump-sum payments in 

plans with valuation dates during 

January 2006, and (3) adds to Appendix 

C to Part 4022 the interest assumptions 

for private-sector pension practitioners 

to refer to if they wish to use lump-sum 

interest rates determined using the 

PBGC’s historical methodology for 

valuation dates during January 2006. 

For valuation of benefits for allocation 

purposes, the interest assumptions that 

the PBGC will use (set forth in 

Appendix B to part 4044) will be 5.70 

percent for the first 20 years following 

the valuation date and 4.75 percent 

thereafter. These interest assumptions 

represent an increase (from those in 

effect for December 2005) of 1.70 

percent for the first 20 years following 

the valuation date and are otherwise 

unchanged. These interest assumptions 

reflect the PBGC’s recently updated 

mortality assumptions, which are 

effective for terminations on or after 

January 1, 2006. See the PBGC’s final 

rule published December 2, 2005 (70 FR 

72205), which is available at http:// 

edocket.access.gpo.gov/2005/pdf/05- 

23554.pdf. Because the updated 

mortality assumptions reflect 

improvements in mortality, these 

interest assumptions are higher than 

they would have been using the old 

mortality assumptions. 

The interest assumptions that the 

PBGC will use for its own lump-sum 

payments (set forth in Appendix B to 

part 4022) will be 2.75 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. These interest assumptions 

represent no change from those in effect 

for December 2005. 

For private-sector payments, the 

interest assumptions (set forth in 

Appendix C to part 4022) will be the 

same as those used by the PBGC for 

determining and paying lump sums (set 

forth in Appendix B to part 4022). 

The 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, as 

accurately as possible, current market 

conditions. 

Because of the need to provide 

immediate guidance for the valuation 

and payment of benefits in plans with 

valuation dates during January 2006, the 

PBGC finds that good cause exists for 

making the assumptions set forth in this 

amendment effective less than 30 days 

after publication. 

The 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 

29 CFR Part 4022 

Employee benefit plans, Pension 

insurance, Pensions, Reporting and 

recordkeeping requirements. 

29 CFR Part 4044 

Employee benefit plans, Pension 

insurance, Pensions. 

■ In consideration of the foregoing, 29 

CFR parts 4022 and 4044 are 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 

147, 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

* * * * * * * 

147 1–1–06 2–1–06 2.75 4.00 4.00 4.00 7 8 

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

147, as set forth below, is added to the 

table. 

Appendix C to Part 4022—Lump Sum 

Interest Rates for Private-Sector 

Payments 

* * * * * 

74202 Federal Register / Vol. 70, No. 240 / Thursday, December 15, 2005 / Rules and Regulations 

Rate set 

For plans with a valuation 

date Immediate 

annuity rate 

(percent) 

Deferred annuities (percent) 

On or after Before i1 i2 i3 n1 n2

* * * * * * * 

147 1–1–06 2–1–06 2.75 4.00 4.00 4.00 7 8 

PART 4044—ALLOCATION OF 

ASSETS IN SINGLE-EMPLOYER 

PLANS 

■ 4. The authority citation for part 4044 

continues to read as follows: 

Authority: 29 U.S.C. 1301(a), 1302(b)(3), 

1341, 1344, 1362. 

■ 5. In appendix B to part 4044, a new 

entry for January 2006, as set forth 

below, is added to the table. 

Appendix B to Part 4044—Interest 

Rates Used To Value Benefits 

* * * * * 

For valuation dates occurring in the month—

The values of t are: 

it for t = it for t = it for t = 

* * * * * * * 

January 2006 ........................................................................ .5700 1–20 .0475 >20 N/A N/A. 

Issued in Washington, DC, on this 12th day 

of December 2005. 

Vincent K. Snowbarger, 

Deputy Executive Director, Pension Benefit 

Guaranty Corporation. 

[FR Doc. 05–24088 Filed 12–14–05; 8:45 am] 

BILLING CODE 7708–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD09–05–135] 

RIN 1625–AA00 

Safety Zone; Chicago New Year’s 

Celebration, Lake Michigan, Chicago, 

IL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

the Chicago New Year’s Celebration 

fireworks display. This safety zone is 

necessary to protect vessels and 

spectators from potential airborne 

hazards during a planned fireworks 

display over Lake Michigan. The safety 

zone is intended to restrict vessels from 

a portion of Lake Michigan off Chicago, 

Illinois. 

DATES: This rule is effective from 11:59 

p.m. (local time) on December 31, 2005 

through 12:15 a.m. (local time) on 

January 1, 2006. 

ADDRESSES: Comments and material 

from the public, as well as documents 

indicated in this preamble as being 

available in the docket, are part of the 

docket (CGD09–05–135], and are 

available for inspection or copying at 

Commanding Officer, U.S. Coast Guard 

Marine Safety Unit Chicago, 215 W. 

83rd Street, Suite D, Burr Ridge, IL, 

60527, between 8 a.m. and 3 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: 

MST1 Kenneth Brockhouse, U.S. Coast 

Guard Marine Safety Unit Chicago, at 

(630) 986–2155. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

We did not publish a notice of 

proposed rulemaking (NPRM) for this 

regulation. Under 5 U.S.C. 553(b)(B), the 

Coast Guard finds that good cause exists 

for not publishing a NPRM. The Coast 

Guard was not made aware that this 

event was to take place with sufficient 

time to allow for publication of a NPRM 

followed by a final rule. Under 5 U.S.C. 

553(d)(3), the Coast Guard finds that 

good cause exists for making this rule 

effective less than 30 days after 

publication in the Federal Register. 

Delaying this rule would be 

impracticable and immediate action is 

necessary to ensure the safety of 

spectators and vessels during this event. 

During the enforcement of this safety 

zone, comments will be accepted and 

reviewed and may result in a 

modification to the rule. 

Background and Purpose 

This temporary safety zone is 

necessary to ensure the safety of vessels 

and spectators from hazards associated 

with a fireworks display. Based on 

accidents that have occurred in other 

Captain of the Port zones and the 

explosive hazards of fireworks, the 

Captain of the Port Lake Michigan has 

determined fireworks launches in close 

proximity to watercraft pose significant 

risk to public safety and property. The 

likely combination of large numbers of 

recreation vessels, congested waterways, 

darkness punctuated by bright flashes of 

light, alcohol use, and debris falling into 

the water could easily result in serious 

injuries or fatalities. Establishing a 

safety zone to control vessel movement 

around the location of the launch 

platform will help ensure the safety of 

persons and property at these events 

and help minimize the associated risks. 

Discussion of Rule 

The safety zone for the Chicago New 

Year’s Celebration fireworks display 

will encompass all waters of Lake 

Michigan bounded by the arc of a circle 

with a 700-foot radius with its center in 

the approximate position 41°52′41′′ N, 

087°36′37′′ W (inside the breakwall of 

Monroe Harbor). These coordinates are 

based upon the North American Datum 

1983 (NAD 83). The size of this zone 

was determined using the National Fire 

Prevention Association guidelines and 

local knowledge concerning wind, 

waves, and currents. 

All persons shall comply with the 

instructions of the Captain of the Port 

Lake Michigan or his designated onscene representative. Entry into, 

transiting, or anchoring within the 

safety zone is prohibited unless 

authorized by the Captain of the Port 

Lake Michigan, or his designated onscene representative. The designated onscene representative is the Patrol