61354 Federal Register / Vol. 73, No. 201 / Thursday, October 16, 2008 / Rules and Regulations 

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 November 2008, 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 it are: 

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

* * * * * * * 

November 2008 ................................................................ .0709 1–20 .0616 >20 N/A N/A 

Issued in Washington, DC, on this 9th day 

of October 2008. 

Vincent K. Snowbarger, 

Deputy Director for Operations,Pension 

Benefit Guaranty Corporation. 

[FR Doc. E8–24651 Filed 10–15–08; 8:45 am] 

BILLING CODE 7709–01–P 

DEPARTMENT OF EDUCATION 

34 CFR Part 5b 

RIN 1880–AA85 

[Docket ID ED, ED–2008–OM–0004] 

Privacy Act Regulations 

AGENCY: Office of Management, 

Department of Education. 

ACTION: Final regulations. 

SUMMARY: The Secretary amends the 

regulations implementing the Privacy 

Act of 1974, as amended (Privacy Act). 

These changes are intended to exempt 

from certain Privacy Act requirements 

investigative material in a new system 

of records maintained by the 

Department that will be known as the 

Office of Inspector General Data 

Analytics System (ODAS) (18–10–02). 

Specifically, the exemption applies to 

materials compiled by the Department’s 

Office of Inspector General (OIG) for law 

enforcement purposes to identify 

internal control weaknesses and system 

issues and to improve methods of data 

modeling and annual audit planning in 

order to detect and investigate fraud, 

waste, and mismanagement in 

Department programs and operations. 

DATES: These regulations are effective 

November 17, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Shelley Shepherd, Office of Inspector 

General, U.S. Department of Education, 

400 Maryland Avenue, SW., room 8166, 

Washington, DC 20202–5920. 

Telephone: (202) 245–7077. 

If you use a telecommunications 

device for the deaf (TDD), you may call 

the Federal Relay Service (FRS) at 

1–800–877–8339. 

Individuals with disabilities can 

obtain this document in an alternative 

format (e.g., Braille, large print, 

audiotape, or computer diskette) on 

request to the contact person listed 

under FOR FURTHER INFORMATION

CONTACT. 

SUPPLEMENTARY INFORMATION: On May 8, 

2008 the Secretary published a notice of 

proposed rulemaking (NPRM) for this 

part in the Federal Register (73 FR 

26056). In the summary to the NPRM, 

on pages 26056 and 26507, the Secretary 

discussed how the proposed regulations 

would amend the Department’s Privacy 

Act regulations to exempt from certain 

Privacy Act requirements investigative 

material in a new system of records. The 

new system of records is the Office of 

Inspector General Data Analytics 

System (ODAS) and the exemption 

would apply to materials compiled by 

the Office of Inspector General (OIG) for 

law enforcement purposes. 

There are no differences between the 

NPRM and these final regulations. 

Analysis of Comments and Changes 

In response to the Secretary’s 

invitation in the NPRM, the Department 

received no comments on the proposed 

regulations. 

Executive Order 12866 

We have reviewed these final 

regulations in accordance with 

Executive Order 12866. Under the terms 

of the order we have assessed the 

potential costs and benefits of this 

regulatory action. 

The potential costs associated with 

the final regulations are those resulting 

from statutory requirements and those 

we have determined to be necessary for 

administering this program effectively 

and efficiently. 

In assessing the potential costs and 

benefits—both quantitative and 

qualitative—of these final regulations, 

we have determined that the benefits of 

the regulations justify the costs. 

We have also determined that this 

regulatory action does not unduly 

interfere with State, local, and tribal 

governments in the exercise of their 

governmental functions. 

We summarized the potential costs 

and benefits of these final regulations in 

the NPRM at 73 FR 26058. 

Paperwork Reduction Act of 1995 

These regulations do not contain any 

information collection requirements. 

Electronic Access to This Document 

You can view this document, as well 

as all other documents of this 

Department published in the Federal 

Register, in text and Adobe Portable 

Document Format (PDF) on the Internet 

at the following site: http://www.ed.gov/ 

news/fedregister. 

To use PDF you must have Adobe 

Acrobat Reader, which is available free 

at this site. If you have questions about 

using PDF, call the U.S. Government 

Printing Office (GPO), toll free, at 1– 

888–293–6498; or in the Washington, 

DC area at (202) 512–1530. 

Note: The official version of this document 

is the document published in the Federal 

Register. Free Internet access to the official 

edition of the Federal Register and the Code 

of Federal Regulations is available on GPO 

Access at: http://www.gpoaccess.gov/nara/ 

index.html. 

(Catalog of Federal Domestic Assistance 

Number does not apply.) 

Dated: October 10, 2008. 

Christopher P. Marston, 

Assistant Secretary for Management. 

■ For the reasons discussed in the 

preamble, the Secretary amends Part 5b 

of title 34 of the Code of Federal 

Regulations as follows: 

PART 5b—PRIVACY ACT 

REGULATIONS 

■ 1. The authority citation for part 5b 

continues to read as follows: 

Authority: 5 U.S.C. 301, 5 U.S.C. 552a. 

■ 2. Section 5b.11 is amended by 

revising paragraph (c)(1) introductory 

text to read as follows: 


rwilkins on PROD1PC63 with NOTICES
Federal Register / Vol. 73, No. 201 / Thursday, October 16, 2008 / Rules and Regulations 61355 

§ 5b.11 Exempt systems. 

* * * * * 

(c) Specific systems of records 

exempted under (k)(2). (1) The 

Department exempts the Investigative 

Files of the Inspector General ED/OIG 

(18–10–01), the Hotline Complaint Files 

of the Inspector General ED/OIG (18– 

10–04), and the Office of Inspector 

General Data Analytics System (ODAS) 

(18–10–02) from the following 

provisions of 5 U.S.C. 552a and this part 

to the extent that these systems of 

records consist of investigatory material 

and complaints that may be included in 

investigatory material compiled for law 

enforcement purposes: 

* * * * * 

[FR Doc. E8–24608 Filed 10–15–08; 8:45 am] 

BILLING CODE 4000–01–P 

POSTAL SERVICE 

39 CFR Part 111 

Revised Standards for Postage and 

Fee Refunds 

AGENCY: Postal Service.TM

ACTION: Final rule. 

SUMMARY: This rule modifies the Mailing 

Standards of the United States Postal 

Service, Domestic Mail Manual (DMM) 

604.9.0 to establish a minimum dollar 

amount for the issuance of checks by the 

USPS for the refund of unused postage 

value in postage meters and PC Postage

accounts. In addition, we provide 

specific time frames and procedures for 

refunds of different types of postage 

produced by PC Postage and postage 

meter systems. 

DATES: This rule is effective November 

6, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Daniel J. Lord, Manager, Postage 

Technology Management, U.S. Postal 

Service, at 202–268–4281. 

SUPPLEMENTARY INFORMATION: The final 

rule establishes a $25.00 minimum for 

USPS issuance of individual customer 

refund checks for the unused postage 

value in postage meters and PC postage 

accounts. In addition, the final rule 

provides a 60-day limit for submission 

of physical refunds for both PC Postage 

and postage meter indicia; specifies a 

10-day limit and procedure for 

requesting refunds processed 

electronically for items bearing a 

Product Identification Code (PIC) 

produced by a PC Postage system; and 

establishes a refund procedure for 

unused, undated PC Postage indicia. 

A revised proposed revision of DMM 

604.9.0 was published for comment in 

the Federal Register, May 9, 2008 (Vol. 

73, No. 91, pages 26353–26355). 

Comments: 

No comments were received on the 

revised proposed rule. 

List of Subjects in 39 CFR Part 111 

Administrative practice and 

procedure, Postal Service. 

■ Accordingly, 39 CFR Part 111 is 

amended as follows: 

PART 111—[AMENDED] 

■ 1. The authority citation for 39 CFR 

Part 111 continues to read as follows: 

Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, 

401, 403, 404, 414, 416, 3001–3011, 3201– 

3219, 3403–3406, 3621, 3622, 3626, 3632, 

3633, and 5001. 

■ 2. Revise the following sections of 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM), as follows: 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM) 

* * * * * 

600 Basic Standards for All Mailing 

Services 

* * * * * 

604 Postage Payment Methods 

* * * * * 

9.0 Refunds and Exchanges 

* * * * * 

9.2 Postage and Fee Refunds 

* * * * * 

9.2.8 Ruling on Refund Request 

Refund requests are decided based on 

the specific type of postage or mailing: 

* * * * * 

[Revise items b and c by changing 

‘‘licensing post office’’ to ‘‘local post 

office’’ and changing ‘‘licensee’’ to 

‘‘authorized user’’ as follows:] 

b. Dated metered postage, except for 

PC Postage systems, under 9.3. The 

postmaster at the local Post Office grants 

or denies requests for refunds for dated 

metered postage under 9.3. The 

authorized user may appeal an adverse 

ruling within 30 days through the 

manager, Postage Technology 

Management, USPS Headquarters (see 

608.8.0 for address), who issues the 

final agency decision. The original 

meter indicia must be submitted with 

the appeal. 

c. Undated metered postage under 9.3. 

The manager, business mail entry at the 

district Post Office overseeing the 

mailer’s local Post Office, or designee 

authorized in writing, grants or denies 

requests for refunds for undated 

metered postage under 9.3. The 

authorized user may appeal an adverse 

ruling within 30 days through the 

manager, business mail entry, or 

designee, to the Pricing and 

Classification Service Center (PCSC) 

manager who issues the final agency 

decision. The original meter indicia 

must be submitted with the appeal. 

[Revise item d as follows:] 

d. PC Postage systems under 9.3. The 

system provider grants or denies a 

request for a refund for indicia printed 

by PC Postage systems under 9.3 using 

established USPS criteria. The 

authorized user may appeal an adverse 

ruling within 30 days through the 

manager, Postage Technology 

Management, USPS Headquarters, who 

issues the final agency decision. The 

original indicia must be submitted with 

the appeal. 

* * * * * 

9.3 Refund Request for Postage 

Evidencing Systems and Metered 

Postage 

9.3.1 Unused Postage Value in Postage 

Evidencing Systems 

[Revise 9.3.1 to restrict refunds to 

amounts of $25.00 or more and to 

change ‘‘licensee’’ to ‘‘authorized user’’ 

as follows:] 

The unused postage value remaining 

in a postage evidencing system when 

withdrawn from service may be 

refunded, depending upon the 

circumstance and the ability of the 

USPS to make a responsible 

determination of the actual or 

approximate amount of the unused 

postage value. If the postage evidencing 

system is withdrawn because of faulty 

operation, a final postage adjustment or 

refund will be withheld pending the 

system provider’s report of the cause to 

the USPS and the USPS determination 

of whether or not a refund is 

appropriate and, if so, the amount of the 

refund. No refund is given for faulty 

operation caused by the authorized user. 

When a postage evidencing system that 

is damaged by fire, flood, or similar 

disaster is returned to the provider, 

postage may be refunded or transferred 

when the registers are legible and 

accurate, or the register values can be 

reconstructed by the provider based on 

adequate supporting documentation. 

When the damaged system is not 

available for return, postage may be 

refunded or transferred only if the 

provider can accurately determine the 

remaining postage value based on 

adequate supporting documentation. 

The authorized user may be required to 

provide a statement on the cause of the 


rwilkins on PROD1PC63 with NOTICES