Federal Register / Vol. 77, No. 9 / Friday, January 13, 2012 / Rules and Regulations 2015 

of the Notice of Intent to Discipline filed 

by DHS shall be forwarded to the EOIR 

disciplinary counsel, who may submit a 

written request to the Board or the 

adjudicating official requesting that any 

discipline imposed upon a practitioner 

that restricts his or her authority to 

practice before DHS also apply to the 

practitioner’s authority to practice 

before the Board and the Immigration 

Courts. Proof of service on the 

practitioner of any request to broaden 

the scope of the proposed discipline 

must be filed with the adjudicating 

official. 

* * * * * 

■ 5. Amend § 1003.106 by: 

■ a. Revising paragraph (a)(1); 

■ b. Adding paragraph (a)(2) 

introductory text; and by 

■ c. Removing from the first sentence in 

paragraph (a)(2)(ii) the words ‘‘Except as 

provided in §§ 1003.105(c)(3), upon’’ 

and adding in their place ‘‘Upon’’. 

The addition and revision read as 

follows: 

§ 1003.106 Right to be heard and 

disposition. 

(a) * * * 

(1) Summary disciplinary 

proceedings. A practitioner who is 

subject to summary disciplinary 

proceedings pursuant to § 1003.103(b) 

must make a prima facie showing to the 

Board in his or her answer that there is 

a material issue of fact in dispute with 

regard to the basis for summary 

disciplinary proceedings, or with one or 

more of the exceptions set forth in 

§ 1003.103(b)(2)(i) through (iii). If the 

practitioner files a timely answer and 

the Board determines that there is a 

material issue of fact in dispute with 

regard to the basis for summary 

disciplinary proceedings, or with one or 

more of the exceptions set forth in 

§ 1003.103(b)(2)(i) through (iii), then the 

Board shall refer the case to the Chief 

Immigration Judge for the appointment 

of an adjudicating official. If the 

practitioner fails to make such a prima 

facie showing, the Board shall retain 

jurisdiction over the case and issue a 

final order. Notwithstanding the 

foregoing, the Board shall refer any case 

to the Chief Immigration Judge for the 

appointment of an adjudicating official 

in which the practitioner has filed a 

timely answer and the case involves a 

charge or charges that cannot be 

adjudicated under the summary 

disciplinary proceedings provisions in 

§ 1003.103(b). The Board shall refer 

such a case regardless of whether the 

practitioner has requested a hearing. 

(2) Procedure. The procedures of 

paragraphs (b) through (d) of this 

section apply to cases in which the 

practitioner files a timely answer to the 

Notice of Intent to Discipline, with the 

exception of cases in which the Board 

issues a final order pursuant to 

§ 1003.105(d)(2) or § 1003.106(a)(1). 

* * * * * 

§ 1003.107 [Amended] 

■ 6. Amend § 1003.107 by: 

■ a. Removing from the section heading 

the word ‘‘expulsion’’ and adding in its 

place the word ‘‘disbarment’’. 

■ b. Removing from paragraph (a) the 

words ‘‘the Service’’ and adding in their 

place the term ‘‘DHS’’; 

■ c. Removing from the first sentence of 

paragraph (b) introductory text the word 

‘‘expelled’’ and adding in its place the 

word ‘‘disbarred’’; 

■ d. Removing from the third sentence 

of paragraph (b) introductory text the 

word ‘‘expelled’’ and adding in its place 

the word ‘‘disbarred’’; 

■ e. Removing from the second sentence 

of paragraph (b)(1) the word ‘‘expelled’’ 

and adding in its place the word 

‘‘disbarred’’; and by 

■ f. Removing from the second sentence 

of paragraph (b)(1) the word 

‘‘expulsion’’ and adding in its place the 

word ‘‘disbarment’’. 

PART 1292—REPRESENTATION AND 

APPEARANCES 

■ 7. The authority citation for part 1292 

continues to read as follows: 

Authority: 8 U.S.C. 1103, 1252b, 1362. 

■ 8. Section 1292.3 is revised to read as 

follows: 

§ 1292.3 Professional conduct for 

practitioners—Rules and procedures. 

Attorneys and representatives 

practicing before the Board, the 

Immigration Courts, or DHS are subject 

to the imposition of disciplinary 

sanctions as provided in 8 CFR part 

1003, subpart G, § 1003.101 et seq. See 

also 8 CFR 292.3 (pertaining to practice 

before DHS). 

Dated: January 3, 2012. 

Eric H. Holder, Jr., 

Attorney General. 

[FR Doc. 2012–602 Filed 1–12–12; 8:45 am] 

BILLING CODE 4410–30–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 33 

[Docket No. NE130; Special Conditions No. 

33–008–SC] 

Special Conditions: Pratt and Whitney 

Canada Model PW210S Turboshaft 

Engine 

Correction 

In rule document 2011–14113 

appearing on pages 33981–33982 in the 

issue of Friday, June 10, 2011, make the 

following correction: 

On page 33981, in the first column, in 

the heading, Special Conditions No. 

‘‘33–008–SCI’’ should read ‘‘33–008– 

SC’’. 

[FR Doc. C1–2011–14113 Filed 1–12–12; 8:45 am] 

BILLING CODE 1505–01–D 

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 

February 2012. The interest 

assumptions are used for paying 

benefits under terminating singleemployer plans covered by the pension 

insurance system administered by 

PBGC. 

DATES: Effective February 1, 2012. 

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 


rmajette on DSK2TPTVN1PROD with RULES
2016 Federal Register / Vol. 77, No. 9 / Friday, January 13, 2012 / 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. 

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. 

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 2012.1

The February 2012 interest 

assumptions under the benefit payments 

regulation will be 1.25 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 2012, 

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 February 2012, 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 

220, 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

*******

220 2–1–12 3–1–12 1.25 4.00 4.00 4.00 7 8 

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

220, 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

*******

220 2–1–12 3–1–12 1.25 4.00 4.00 4.00 7 8 


rmajette on DSK2TPTVN1PROD with RULES
Federal Register / Vol. 77, No. 9 / Friday, January 13, 2012 / Rules and Regulations 2017 

Issued in Washington, DC, on this 10th day 

of January 2012. 

Laricke Blanchard, 

Deputy Director for Policy, Pension Benefit 

Guaranty Corporation. 

[FR Doc. 2012–586 Filed 1–12–12; 8:45 am] 

BILLING CODE 7709–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR PART 165 

[Docket No. USCG–2011–1161] 

RIN 1625–AA00 

Safety Zone; Ice Rescue Exercise; 

Green Bay, Dyckesville, WI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the waters of Green Bay near 

Dyckesville, Wisconsin. This zone is 

intended to restrict vessels and persons 

from a portion of Green Bay due to a 

large scale ice rescue exercise that will 

involve multiple State and Federal 

agencies. This temporary safety zone is 

necessary to protect the surrounding 

public and vessels from the hazards 

associated with the ice rescue exercise. 

DATES: This rule is effective between 

7 a.m. on January 17, 2012, and 7 a.m. 

on January 20, 2012. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2011– 

1161 and are available online by going 

to www.regulations.gov, inserting 

USCG–2011–1161 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, contact or email BM1 Adam Kraft, 

U.S. Coast Guard Sector Lake Michigan, 

at (414) 747–7148 or 

Adam.D.Kraft@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 an agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 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. The final details for the 

ice rescue exercise were not received by 

the Coast Guard in sufficient time for a 

comment period to run before the start 

of the event. Thus, waiting for a 

comment period to run would inhibit 

the Coast Guard from performing its 

statutory function of protecting life on 

navigable waters during the ice rescue 

exercise and thus would be impractical 

and contrary to the public interest. 

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. For the same reasons 

discussed in the preceding paragraph, a 

30 day notice period would be 

impractical and contrary to the public 

interest. 

Background and Purpose 

Local, state, and federal officials have 

set up an ice rescue exercise on the 

waters of Green Bay. This exercise will 

provide a realistic simulation of a large 

scale ice rescue response that would 

include the efforts of multiple local, 

State, and Federal agencies. These 

exercises are meant to establish and 

maintain continuity in the response 

efforts of multiple agencies. The Captain 

of the Port Sector Lake has determined 

that this ice rescue exercise will pose 

hazards to the public. 

Discussion of Rule 

With the aforementioned hazards in 

mind, the Captain of the Port Sector 

Lake Michigan has determined that it is 

necessary to establish a temporary safety 

zone to protect people and vessels. The 

safety zone will encompass all U.S. 

navigable waters of Green Bay within 

the arc of a circle with a 2000-yard 

radius of the Red River county park 

with its center point located with its 

center in the approximate position 

44°40′00′′ N, 087°45′00′′ W. [DATUM: 

NAD 83]. This safety zone will be 

effective and enforce between 7 a.m. on 

January 17, 2012 and 7 a.m. on January 

20, 2012. 

All persons and vessels shall comply 

with the instructions of the Coast Guard 

Captain of the Port, Sector Lake 

Michigan, or his or her designated 

representative. Entry into, transiting, or 

anchoring within the safety zone is 

prohibited unless authorized by the 

Captain of the Port, Sector Lake 

Michigan, or his or her designated 

representative. The Captain of the Port, 

Sector Lake Michigan, or his or her 

designated representative may be 

contacted via VHF Channel 16. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, as supplemented 

by Executive Order 13563, Improving 

Regulation and Regulatory Review, and 

does not require an assessment of 

potential costs and benefits under 

section 6(a)(3) of Executive Order 

12866. The Office of Management and 

Budget has not reviewed it under that 

Order. 

We conclude that this rule is not a 

significant regulatory action because we 

anticipate that it will have minimal 

impact on the economy, will not 

interfere with other agencies, will not 

adversely alter the budget of any grant 

or loan recipients, and will not raise any 

novel legal or policy issues. The safety 

zone created by this rule will be 

relatively small and exist for relatively 

short time. Thus, restrictions on vessel 

movement within that particular area 

are expected to be minimal. Under 

certain conditions, moreover, vessels 

may still transit through the safety zone 

when permitted by the Captain of the 

Port. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule will have a significant 

economic impact on a substantial 

number of small entities. The term 

‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this rule will not have 


rmajette on DSK2TPTVN1PROD with RULES