26206 Federal Register / Vol. 68, No. 94 / Thursday, May 15, 2003 / Rules and Regulations 

Rockville, MD 20855, 301–827–7543, email: mberson@cvm.fda.gov.

SUPPLEMENTARY INFORMATION: Lloyd, 

Inc., 604 West Thomas Ave., 

Shenandoah, IA 51601, filed a 

supplement to NADA 139–236 that 

provides for use of CERVIZINE 300 

(xylazine hydrochloride) solution in elk 

and wild deer to produce sedation, 

accompanied by a shorter period of 

analgesia. The supplemental NADA is 

approved as of February 10, 2003, and 

the regulations are amended in 

§ 522.2662 (21 CFR 522.2662) to reflect 

the approval. The basis of approval is 

discussed in the freedom of information 

summary.

Section 522.2662 is also being 

amended to revise a codified food safety 

limitation and to add a food safety 

cautionary statement regarding the use 

of xylazine in elk and wild deer 

(Cervidae). Both statements are 

currently used in labeling for both 

pioneer and generic xylazine products. 

Section 522.2662 is also revised to 

reflect a current format.

In accordance with the freedom of 

information provisions of 21 CFR part 

20 and 21 CFR 514.11(e)(2)(ii), a 

summary of safety and effectiveness 

data and information submitted to 

support approval of this application 

may be seen in the Dockets Management 

Branch (HFA–305), Food and Drug 

Administration, 5630 Fishers Lane, rm. 

1061, Rockville, MD 20852, between 9 

a.m. and 4 p.m., Monday through 

Friday.

The agency has determined under 21 

CFR 25.33(d)(1) that this action is of a 

type that does not individually or 

cumulatively have a significant effect on 

the human environment. Therefore, 

neither an environmental assessment 

nor an environmental impact statement 

is required.

This rule does not meet the definition 

of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because 

it is a rule of ‘‘particular applicability.’’

Therefore, it is not subject to the 

congressional review requirements in 5 

U.S.C. 801–808.

List of Subjects in 21 CFR Part 522

Animal drugs.

■ Therefore, under the Federal Food, 

Drug, and Cosmetic Act and under 

authority delegated to the Commissioner 

of Food and Drugs and redelegated to the 

Center for Veterinary Medicine, 21 CFR 

part 522 is amended as follows:

PART 522—IMPLANTATION OR 

INJECTABLE DOSAGE FORM NEW 

ANIMAL DRUGS

■ 1. The authority citation for 21 CFR 

part 522 continues to read as follows:

Authority: 21 U.S.C. 360b.

■ 2. Section 522.2662 and the section 

heading are revised to read as follows:

§ 522.2662 Xylazine.

(a) Specifications. Each milliliter (mL) 

of solution contains xylazine 

hydrochloride equivalent to:

(1) 20 milligrams (mg) xylazine.

(2) 100 mg xylazine.

(3) 300 mg xylazine.

(b) Sponsors. See sponsors in 

§ 510.600(c) of this chapter for uses as 

in paragraph (d) of this section.

(1) No. 000010 for use of product 

described in paragraph (a)(2) of this 

section as in paragraph (d)(2) of this 

section.

(2) No. 000856 for use of product 

described in paragraph (a)(2) of this 

section as in paragraphs (d)(2), (d)(3)(i), 

(d)(3)(ii)(A), and (d)(3)(iii) of this 

section.

(3) Nos. 000859 and 061651 for use of 

product described in paragraph (a)(1) of 

this section as in paragraph (d)(1); and 

product described in paragraph (a)(2) of 

this section as in paragraphs (d)(2), 

(d)(3)(i), (d)(3)(ii)(A), and (d)(3)(iii) of 

this section.

(4) No. 061690 for use of product 

described in paragraph (a)(1) of this 

section as in paragraph (d)(1) of this 

section; product described in paragraph 

(a)(2) of this section as in paragraphs 

(d)(2), (d)(3)(i), (d)(3)(ii)(A), and 

(d)(3)(iii) of this section; and product 

described in paragraph (a)(3) of this 

section as in paragraphs (d)(3)(i), 

(d)(3)(ii)(B), and (d)(3)(iii) of this 

section.

(c) Special considerations. Federal 

law restricts this drug to use by or on 

the order of a licensed veterinarian.

(d) Conditions of use—(1) Dogs and 

cats—(i) Amount. 0.5 mg/pound (lb) 

intravenously or 1.0 mg/lb 

subcutaneously.

(ii) Indications for use. To produce 

sedation, as an analgesic, and as a 

preanesthetic to local or general 

anesthesia.

(2) Horses--(i) Amount. 0.5 mg/lb 

intravenously or 1.0 mg/lb 

intramuscularly.

(ii) Indications for use. To produce 

sedation, as an analgesic, and as a 

preanesthetic to local or general 

anesthesia.

(iii) Limitations. Not for use in horses 

intended for food.

(3) Elk and deer--(i) Amount. 

Administer intramuscularly, by hand 

syringe, or by syringe dart, in the heavy 

muscles of the croup or shoulder as 

follows:

(A) Elk (Cervus canadensis): 0.25 to 

0.5 mg/lb.

(B) Mule deer (Odocoileus hemionus), 

sika deer (Cervus nippon), and whitetailed deer (Odocoileus virginianus): 1 

to 2 mg/lb.

(C) Fallow deer (Dama dama): 2 to 4 

mg/lb.

(ii) Indications for use.

(A) To produce sedation, as an 

analgesic, and as a preanesthetic to local 

anesthesia.

(B) To produce sedation, 

accompanied by a shorter period of 

analgesia. May be used to calm and 

facilitate handling of fractious animals 

for diagnostic procedures, for minor 

surgical procedures, for therapeutic 

medication for sedation and relief of 

pain following injury or surgery, and as 

a preanesthetic to local anesthetic. At 

the recommended dosages, can be used 

in conjunction with local anesthetics, 

such as procaine or lidocaine.

(iii) Limitations. Do not use in 

domestic food-producing animals. Do 

not use in Cervidae less than 15 days 

before or during the hunting season.

Dated: April 2, 2003.

Steven D. Vaughn,

Director, Office of New Animal Drug 

Evaluation, Center for Veterinary Medicine.

[FR Doc. 03–12120 Filed 5–14–03; 8:45 am]

BILLING CODE 4160–01–S

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 

benefits under terminating singleemployer plans. This final rule amends 

the regulations to adopt interest 

assumptions for plans with valuation 

dates in June 2003. Interest assumptions 

are also published on the PBGC’s Web 

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

EFFECTIVE DATE: June 1, 2003.

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. (TTY/TDD users 

may call the Federal relay service tollVerDate Jan<31>2003 15:18 May 14, 2003 Jkt 200001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\15MYR1.SGM 15MYR1
Federal Register / Vol. 68, No. 94 / Thursday, May 15, 2003 / Rules and Regulations 26207

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). 

Accordingly, 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 June 2003, (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 June 

2003, 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 June 2003. 

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 4.70 

percent for the first 20 years following 

the valuation date and 5.25 percent 

thereafter. These interest assumptions 

represent a decrease (from those in 

effect for May 2003) of 0.20 percent for 

the first 20 years following the valuation 

date and are otherwise unchanged. 

The interest assumptions that the 

PBGC will use for its own lump-sum 

payments (set forth in Appendix B to 

part 4022) will be 3.50 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. These interest assumptions are 

unchanged from those in effect for May 

2003. 

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 June 2003, 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 

116, as set forth below, is added to the 

table. (The introductory text of the table 

is omitted.) 

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 i 1 i 2 i 3 n 1 n 2

* * * * * * * 

116 ................................ 6–1–03 ............................. 7–1–03 ............................. 3.50 4.00 4.00 4.00 7 8

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

116, as set forth below, is added to the 

table. (The introductory text of the table 

is omitted.) 

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 i 1 i 2 i 3 n 1 n 2

* * * * * * * 

116 ................................ 6–1–03 ............................. 7–1–03 ............................. 3.50 4.00 4.00 4.00 7 8

26208 Federal Register / Vol. 68, No. 94 / Thursday, May 15, 2003 / 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, as set forth below, is added to the 

table. (The introductory text of the table 

is omitted.) 

Appendix B to Part 4044—Interest 

Rates Used to Value Benefits

* * * * *

For valuation dates occuring in the month—

The values of i

t are: 

i t for t= i t for t= i t for t= 

* * * * * * * 

June 2003 ................................................................................................. .0470 1–20 .0525 >20 N/A N/A 

Issued in Washington, DC, on this 9th day 

of May 2003. 

Joseph H. Grant, 

Deputy Executive Director and Chief 

Operating Officer, Pension Benefit Guaranty 

Corporation.

[FR Doc. 03–12116 Filed 5–14–03; 8:45 am] 

BILLING CODE 7708–01–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD08–03–021] 

Drawbridge Operation Regulations; 

Corpus Christi—Port Aransas 

Channel—Tule Lake, Corpus Christi, 

TX

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Eighth 

Coast Guard District, has issued a 

temporary deviation from the regulation 

governing the operation of the Tule Lake 

Vertical Lift Span Highway and Railroad 

Bridge across the Corpus Christi—Port 

Aransas Channel, mile 14.0, at Corpus 

Christi, Nueces County, TX. This 

deviation allows the bridge to remain 

closed to navigation on May 22, 2003. 

The deviation is necessary to conduct 

emergency repairs to the drawbridge.

DATES: This deviation is effective from 

7 a.m. through 7 p.m. on May 22, 2003.

ADDRESSES: Materials referred to in this 

document are available for inspection or 

copying at the office of the Eighth Coast 

Guard District, Bridge Administration 

Branch, Hale Boggs Federal Building, 

room 1313, 501 Magazine Street, New 

Orleans, Louisiana 70130–3396 between 

7 a.m. and 3 p.m., Monday through 

Friday, except Federal holidays. The 

telephone number is (504) 589–2965. 

The Bridge Administration Branch of 

the Eighth Coast Guard District 

maintains the public docket for this 

temporary deviation.

FOR FURTHER INFORMATION CONTACT: Kay 

Wade, Bridge Administration Branch, 

telephone (504) 589–2965.

SUPPLEMENTARY INFORMATION: The Port 

of Corpus Christi Authority has 

requested a temporary deviation in 

order to remove and replace the main 

drive bearings of the Tule Lake vertical 

lift span bridge across Corpus Christi—

Port Aransas Channel, mile 14.0 at 

Corpus Christi, Nueces County, Texas. 

This maintenance is essential for the 

continued safe operation of the bridge. 

This temporary deviation will allow the 

bridge to remain in the closed-tonavigation position from 7 a.m. through 

7 p.m. on Thursday, May 22, 2003. 

The vertical lift span bridge has a 

vertical clearance of 9.0 feet above mean 

high water, elevation 1.0 feet Mean Sea 

Level and 11.0 feet above mean low 

water, elevation ¥1.0 Mean Sea Level 

in the closed-to-navigation position. 

Navigation at the site of the bridge 

consists mainly of oil tankers and tows 

with barges. There is no recreational 

pleasure craft usage at the bridge site. 

Due to prior experience, as well as 

coordination with water way users, it 

has been determined that this one day 

closure will not have a significant effect 

on these vessels. The bridge normally 

opens to pass navigation an average of 

850 times per month. The bridge opens 

on signal as required by 33 CFR 117.5. 

The bridge will not be able to open for 

emergencies during the closure period. 

Alternate routes are not available. 

In accordance with 33 CFR 117.35(c), 

this work will be performed with all due 

speed in order to return the bridge to 

normal operation as soon as possible. 

This deviation from the operating 

regulations is authorized under 33 CFR 

117.35.

Dated: May 7, 2003. 

Marcus Redford, 

Bridge Administrator.

[FR Doc. 03–12182 Filed 5–14–03; 8:45 am] 

BILLING CODE 4910–15–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[COTP Western Alaska 03–001] 

RIN 1625–AA00 

Security zone; Port of Anchorage, Knik 

Arm, AK

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is 

establishing a temporary 1000-yard 

security zone in the navigable waters off 

the Port of Anchorage, Alaska. This 

security zone temporarily closes all 

navigable waters extending out from the 

Port of Anchorage. This action is 

necessary to protect the Port of 

Anchorage, vessels moored at the Port, 

and its personnel against sabotage or 

subversive acts.

DATES: This temporary final rule is 

effective from 1:01 p.m. March 19, 2003, 

to 12:01 p.m. June 19, 2003.

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket (COTP 

Western Alaska 03–001) and are 

available for inspection or copying at 

Coast Guard Marine Safety Office 

Anchorage, AK between 7:30 a.m. and 4 

p.m., Monday through Friday, except 

Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Commander Chris Woodley, 

USCG Marine Safety Office Anchorage, 

at (907) 271–6700.

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 an NPRM, and that 

under 5 U.S.C. 553(d)(3), good cause 

exists for making this rule effective less