Federal Register / Vol. 64, No. 219 / Monday, November 15, 1999 /Rules and Regulations 61787

Dated: November 2, 1999.

Stephen R. Colgate,

Assistant Attorney General for

Administration.

Pursuant to the authority vested in the

Attorney General by 5 U.S.C. 552a and

delegated to me by Attorney General

Order No. 793–78, 28 CFR part 16 is

amended as follows:

PART 16—[AMENDED]

1. The authority for part 16 continues

to read as follows:

Authority: 5 U.S.C. 301, 552, 552a, 552b(g),

553; 18 U.S.C. 4203(a)(1); 28 U.S.C. 509, 510,

534; 31 U.S.C. 3717, 9701.

2. 28 CFR 16.83 is amended by adding

paragraphs (c) and (d) to read as follows:

§ 16.83 Exemption of the Executive Office

for Immigration Review System—limited

access.

* * * * *

(c) The following system of records is

exempted form 5 U.S.C. 552a(d).

(1) Practitioner Compliant/

Disciplinary Files (JUSTICE/EOIR 003).

This exemption applies only to the

extent that information in this system is

subject to exemption pursuant to 5

U.S.C. 552a(j)(2), (k)(1), and (k)(2). To

the extent that information in a record

pertaining to an individual does not

relate to national defense or foreign

policy, official Federal investigations

and/or law enforcement matters, the

exemption does not apply. In addition,

where compliance would not appear to

interfere with or adversely affect the

overall law or regulatory enforcement

process, the applicable exemption may

be waived by the Executive Office for

Immigration Review.

(d) Exemption from subsection (d) is

justified for the following reasons:

(1) From the access and amendment

provisions of subsection (d) because

access to the records contained in this

system of records could inform the

subject of the investigation of an actual

or potential criminal, civil, or regulatory

violation or the existence of that

investigation; of the nature and scope of

the information and evidence obtained

as to the subject’s activities; of the

identity of confidential sources,

witnesses, and law enforcement

personnel; and of information that may

enable the subject to avoid detection or

apprehension. These factors would

present a serious impediment to

effective law and regulatory

enforcement where they prevent the

successful completion of the

investigation, endanger the physical

safety of confidential sources, witnesses,

and law enforcement personnel, and/or

lead to the improper influencing of

witnesses, the destruction of evidence,

or the fabrication of testimony. In

addition, granting access to such

information could disclose securitysensitive or confidential business

information or information that would

constitute an unwarranted invasion of

the personal privacy of third parties.

Finally, access to the records could

result in the release of properly

classified information which would

compromise the national defense or

disrupt foreign policy. Amendment of

the records would interfere with

ongoing investigations and law

enforcement activities and impose an

enormous administrative burden by

requiring investigations to be

continuously reinvestigated.

[FR Doc. 99–29509 Filed 11–12–99; 8:45 am]

BILLING CODE 4410–AR–M

PENSION BENEFIT GUARANTY

CORPORATION

29 CFR Part 4044

Allocation of Assets in SingleEmployer Plans; Interest Assumptions

for Valuing Benefits

AGENCY: Pension Benefit Guaranty

Corporation.

ACTION: Final rule.

SUMMARY: The Pension Benefit Guaranty

Corporation’s regulation on Allocation

of Assets in Single-Employer Plans

prescribes interest assumptions for

valuing benefits under terminating

single-employer plans. This final rule

amends the regulation to adopt interest

assumptions for plans with valuation

dates in December 1999. Interest

assumptions are also published on the

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

EFFECTIVE DATE: December 1, 1999.

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, 202–326–4024. (For TTY/TDD

users, call the Federal relay service tollfree at 1–800–877–8339 and ask to be

connected to 202–326–4024.)

SUPPLEMENTARY INFORMATION: The

PBGC’s regulation on Allocation of

Assets in Single-Employer Plans (29

CFR part 4044) prescribes actuarial

assumptions for valuing plan benefits of

terminating single-employer plans

covered by title IV of the Employee

Retirement Income Security Act of 1974.

Among the actuarial assumptions

prescribed in part 4044 are interest

assumptions. These interest

assumptions are intended to reflect

current conditions in the financial and

annuity markets.

Two sets of interest assumptions are

prescribed, one set for the valuation of

benefits to be paid as annuities and one

set for the valuation of benefits to be

paid as lump sums. This amendment

adds to appendix B to part 4044 the

annuity and lump sum interest

assumptions for valuing benefits in

plans with valuation dates during

November 1999.

For annuity benefits, the interest

assumptions will be 6.50 percent for the

first 20 years following the valuation

date and 5.25 percent thereafter. The

annuity interest assumptions represent

an increase (from those in effect for

November 1999) of 0.20 percent for the

first 20 years following the valuation

date and are otherwise unchanged. For

benefits to be paid as lump sums, the

interest assumptions to be used by the

PBGC will be 5.25 percent for the period

during which a benefit is in pay status,

4.50 percent during the seven-year

period directly preceding the benefit’s

placement in pay status, and 4.00

percent during any other years

preceding the benefit’s placement in pay

status. The lump sum interest

assumptions represent an increase (from

those in effect for November 1999) of

0.25 percent for the period during

which a benefit is in pay status and for

the seven-year period directly preceding

the benefit’s placement in pay status;

they are otherwise unchanged.

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 of

benefits in plans with valuation dates

during December 1999, 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 in 29 CFR Part 4044

Pension insurance, Pensions.
61788 Federal Register / Vol. 64, No. 219 / Monday, November 15, 1999 /Rules and Regulations

In consideration of the foregoing, 29

CFR part 4044 is amended as follows:

PART 4044—ALLOCATION OF

ASSETS IN SINGLE-EMPLOYER

PLANS

1. The authority citation for part 4044

continues to read as follows:

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

1341, 1344, 1362.

2. In appendix B, a new entry is

added to Table I, and Rate Set 74 is

added to Table II, as set forth below.

The introductory text of each table is

republished for the convenience of the

reader and remains unchanged.

Appendix B to Part 4044—Interest

Rates Used To Value Annuities and

Lump Sums

TABLE I.—ANNUITY VALUATIONS

[This table sets forth, for each indicated calendar month, the interest rates (denoted by i1, i2, . . . , and referred to generally as it) assumed to be

in effect between specified anniversaries of a valuation date that occurs within that calendar month; those anniversaries are specified in the

columns adjacent to the rates. The last listed rate is assumed to be in effect after the last listed anniversary date.]

For valuation dates occurring in the month—

The values of it are:

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

* * * * * * *

December 1999 .................................................................... .0650 1–20 .0525 >20 N/A N/A

TABLE II.—LUMP SUM VALUATIONS

[In using this table: (1) For benefits for which the participant or beneficiary is entitled to be in pay status on the valuation date, the immediate annuity rate shall apply; (2) For benefits for which the deferral period is y years (where y is an integer and 0 <y ≤n11), interest rate i1 shall

apply from the valuation date for a period of y years, and thereafter the immediate annuity rate shall apply; (3) For benefits for which the deferral period is y years (where y is an integer and n1 <y ≤n1 + n2), interest rate i2 shall apply from the valuation date for a period of y ¥ n1

years, interest rate i1 shall apply for the following n1 years, and thereafter the immediate annuity rate shall apply; (4) For benefits for which

the deferral period is y years (where y is an integer and y >n1 + n2), interest rate i3 shall apply from the valuation date for a period of y ¥ n1

¥ n2 years, interest rate i2 shall apply for the following n2 years, interest rate i1 shall apply for the following n1 years, and thereafter the immediate annuity rate shall apply.]

Rate set

For plans with a valuation

date Immediate

annuity rate

(percent)

Deferred annuities

(percent)

On or after Before i1 i2 i3 n1 n2

* * * * * * *

74 12–1–99 1–1–00 5.25 4.50 4.00 4.00 7 8

Issued in Washington, DC, on this 8th day

of November 1999.

David M. Strauss,

Executive Director, Pension Benefit Guaranty

Corporation.

[FR Doc. 99–29756 Filed 11–12–99; 8:45 am]

BILLING CODE 7708–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–300943; FRL–6389–9]

RIN 2070–AB78]

Zinc phosphide; Extension of

Tolerance for Emergency Exemptions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This regulation extends timelimited tolerances for residues of the

phosphine resulting from the use of the

rodenticide zinc phosphide in or on

potatoes and sugar beet (roots) at 0.05

part per million (ppm), and sugar beet

(tops) at 0.1 ppm for an additional 11⁄2

year period. These tolerances will

expire and are revoked on December 31,

2001. This action is in response to

EPA’s granting of an emergency

exemption under section 18 of the

Federal Insecticide, Fungicide, and

Rodenticide Act authorizing use of the

pesticide on potatoes and sugar beets.

Section 408(l)(6) of the Federal Food,

Drug, and Cosmetic Act requires EPA to

establish a time-limited tolerance or

exemption from the requirement for a

tolerance for pesticide chemical

residues in food that will result from the

use of a pesticide under an emergency

exemption granted by EPA under

section 18 of the Federal Insecticide,

Fungicide, and Rodenticide Act.

DATES: This regulation is effective

November 15, 1999. Objections and

requests for hearings, identified by

docket control number OPP–300943,

must be received by EPA on or before

January 14, 2000.

ADDRESSES: Written objections and

hearing requests may be submitted by

mail, in person, or by courier. Please

follow the detailed instructions for each

method as provided in Unit III. of the

‘‘SUPPLEMENTARY INFORMATION.’’

To ensure proper receipt by EPA, your

objections and hearing requests must

identify docket control number OPP–

300943 in the subject line on the first

page of your response.

FOR FURTHER INFORMATION CONTACT: By

mail: Libby Pemberton, Registration

Division (7505C), Office of Pesticide

Programs, Environmental Protection

Agency, 401 M St., SW., Washington,

DC 20460; telephone number: (703)

308–9364; and e-mail address:

pemberton.libby@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

You may be affected by this action if

you are an agricultural producer, food

manufacturer, or pesticide

manufacturer. Potentially affected

categories and entities may include, but

are not limited to: