Federal Register / Vol. 66, No. 199 / Monday, October 15, 2001 / Rules and Regulations 52315

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration amends part 39 of the

Federal Aviation Regulations (14 CFR

part 39) as follows:

PART 39—AIRWORTHINESS

DIRECTIVES

1. The authority citation for part 39

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding a new airworthiness directive to

read as follows:

2001–19–52 Bell Helicopter Textron

Canada: Amendment 39–12470. Docket

No. 2001–SW–49–AD.

Applicability: Model 222, serial number (S/

N) 47006 through 47089; Model 222B, S/N

47131 through 47156; Model 222U, S/N

47501 through 47574; and Model 230, S/N

23001 through 23038 helicopters, certificated

in any category.

Note 1: This AD applies to each helicopter

identified in the preceding applicability

provision, regardless of whether it has been

otherwise modified, altered, or repaired in

the area subject to the requirements of this

AD. For helicopters that have been modified,

altered, or repaired so that the performance

of the requirements of this AD is affected, the

owner/operator must request approval for an

alternative method of compliance in

accordance with paragraph (b) of this AD.

The request should include an assessment of

the effect of the modification, alteration, or

repair on the unsafe condition addressed by

this AD; and if the unsafe condition has not

been eliminated, the request should include

specific proposed actions to address it.

Compliance: Within 25 hours time-inservice or 3 months, whichever occurs first,

unless accomplished previously.

To prevent failure of a main rotor

pendulum weight support (support), loss of

a weight set resulting in main rotor vibration,

and subsequent loss of control of the

helicopter, accomplish the following:

(a) Remove from service all supports, part

number 222–011–114–103, identified with a

serial number having the prefix ‘‘HD’’ and

replace with airworthy supports that do not

have the S/N prefix ‘‘HD.’’

Note 2: Bell Helicopter Textron Canada

Alert Service Bulletins 222–01–91, 222U–01–

62, and 230–01–24, all dated May 18, 2001,

pertain to the subject of this AD.

(b) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager, Regulations

Group, FAA. Operators shall submit their

requests through an FAA Principal

Maintenance Inspector, who may concur or

comment and then send it to the Manager,

Regulations Group.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Regulations Group.

(c) Special flight permits may be issued in

accordance with 14 CFR 21.197 and 21.199

to operate the helicopter to a location where

the requirements of this AD can be

accomplished.

(d) Emergency AD 2001–19–52, issued

September 21, 2001, becomes effective upon

receipt.

Note 4: The subject of this AD is addressed

in Transport Canada (Canada) AD CF–2001–

28, dated July 24, 2001.

(e) This amendment becomes effective on

October 30, 2001, to all persons except those

persons to whom it was made immediately

effective by Emergency AD 2001–19–52,

issued September 21, 2001, which contained

the requirements of this amendment.

Issued in Fort Worth, Texas, on October 4,

2001.

Mark R. Schilling,

Acting Manager, Rotorcraft Directorate,

Aircraft Certification Service.

[FR Doc. 01–25692 Filed 10–12–01; 8:45 am]

BILLING CODE 4910–13–U

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 November 2001. Interest

assumptions are also published on the

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

EFFECTIVE DATE: November 1, 2001.

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 tollfree 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 November 2001,

(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

November 2001, 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

November 2001.

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 6.50 percent for

the first 20 years following the valuation

date and 6.25 percent thereafter. These

interest assumptions represent an

increase (from those in effect for

October 2001) of 0.40 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 4.75 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 an increase (from

those in effect for October 2001) of 0.25

percent for the period during which a

benefit is in pay status and are

otherwise unchanged.

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).

52316 Federal Register / Vol. 66, No. 199 / Monday, October 15, 2001 / Rules and Regulations

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 November 2001,

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

97, 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 dateImmediate

annuity

rate

(percent)

Deferred annuities (percent)

On or after Before i1 i2 i3 n1 n2

*******

97 ...................................................... 11–1–01 12–1–01 4.75 4.00 4.00 4.00 7 8

3. In appendix C to part 4022, Rate Set 97, 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 dateImmediate

annuity

rate

(percent)

Deferred annuities (percent)

On or after Before i1 i2 i3 n1 n2

*******

97 ...................................................... 11–1–01 12–1–01 4.75 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, 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 occurring in the month—

The values of it are:

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

*******

November 2001 ................................................................ .0650 1–20 .0625 >20 N/A N/A

Federal Register / Vol. 66, No. 199 / Monday, October 15, 2001 / Rules and Regulations 52317

Issued in Washington, DC, on this 10th day

of October 2001.

John Seal,

Acting Executive Director, Pension Benefit

Guaranty Corporation.

[FR Doc. 01–25903 Filed 10–12–01; 8:45 am]

BILLING CODE 7708–01–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05–01–065]

Drawbridge Operation Regulations;

Southern Branch of the Elizabeth

River, Atlantic Intracoastal Waterway,

Chesapeake, VA

AGENCY: Coast Guard, DOT.

ACTION: Notice of temporary deviation

from regulations.

SUMMARY: The Commander, Fifth Coast

Guard District, has approved a

temporary deviation from the

regulations governing the operation of

the Gilmerton Highway Drawbridge

across the Southern Branch of the

Elizabeth River, mile 5.8, in

Chesapeake, Virginia. The temporary

deviation allows the bridge to remain

closed from October 17 through

December 16, 2001, unless the vessel

requesting an opening provides onehour advance notice to the bridge

tender. This change in regulation is

necessary to perform needed repairs to

the opening spans of the drawbridge.

DATES: This deviation is effective from

9 p.m. on October 17 until 5 a.m. on

December 16, 2001.

FOR FURTHER INFORMATION CONTACT: Ann

B. Deaton, Bridge Administrator, Fifth

Coast Guard District, at (757) 398–6222.

SUPPLEMENTARY INFORMATION: On

September 17, 2001, the City of

Chesapeake requested a temporary

deviation from the current operating

schedule of the Gilmerton Highway

bridge set out in 33 CFR 117.997(d). The

City of Chesapeake requested this

deviation to perform repairs to the

bridge that would raise vehicular weight

restrictions to allow limited use by

heavier trucks.

In accordance with 33 CFR 117.35,

the District Commander approved the

City of Chesapeake’s request for a

temporary deviation from the governing

regulations in a letter dated September

20, 2001.

The Coast Guard has informed the

known commercial users of the

waterway of the change to the

regulations concerning this bridge so

that these vessels can arrange their

transits to minimize any impact caused

by the temporary deviation.

The temporary deviation allows the

Gilmerton Highway bridge across the

Southern Branch of the Elizabeth River,

mile 5.8, to remain closed from 9 p.m.

eastern time on October 17, through 5

a.m. eastern time on December 16, 2001,

except that the draw shall open during

this closure period with a one-hour

advance notice to the bridge tender.

Dated: October 2, 2001.

T.W. Allen,

Vice Admiral, U.S.C.G., Commander, Fifth

Coast Guard District.

[FR Doc. 01–25906 Filed 10–12–01; 8:45 am]

BILLING CODE 4910–15–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[PA–4174; FRL–7080–4]

Approval and Promulgation of Air

Quality Implementation Plans;

Pennsylvania; NOX RACT

Determination for Koppel Steel

Corporation in the Pittsburgh-Beaver

Valley Area

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is taking final action to

approve a revision to the

Commonwealth of Pennsylvania’s State

Implementation Plan (SIP). The revision

was submitted by the Pennsylvania

Department of Environmental Protection

(PADEP) to establish and require

reasonably available control technology

(RACT) for the Koppel Steel

Corporation’s Ambridge Plant, a major

source of nitrogen oxides ( NOX) located

in the Pittsburgh-Beaver Valley ozone

nonattainment area (the Pittsburgh

area). EPA is approving this revision to

establish RACT requirements in the SIP

in accordance with the Clean Air Act

(CAA).

EFFECTIVE DATE: This final rule is

effective on October 30, 2001.

ADDRESSES: Copies of the documents

relevant to this action are available for

public inspection during normal

business hours at the Air Protection

Division, U.S. Environmental Protection

Agency, Region III, 1650 Arch Street,

Philadelphia, Pennsylvania 19103; the

Air and Radiation Docket and

Information Center, U.S. Environmental

Protection Agency, 401 M Street, SW,

Washington, DC 20460; and the

Pennsylvania Department of

Environmental Protection, Bureau of Air

Quality, P.O. Box 8468, 400 Market

Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT:

Marcia Spink, (215) 814–2104 or by email at spink.marcia@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

On August 8, 2001, PADEP submitted

revisions to the Pennsylvania SIP which

establish and impose case-by-case RACT

for several sources of VOC and/or NOX.

This rulemaking pertains to the

Commonwealth’s submittal of operating

permit (OP) 04–000–227 which imposes

NOX RACT requirements for the Koppel

Steel Corporation’s Ambridge Plant, a

major source of NOX located in the

Pittsburgh area. The remaining sources

are the subject of separate rulemakings.

On August 24, 2001, EPA published a

direct final rule (66 FR 44544) and a

companion notice of proposed

rulemaking (66 FR 44581) to approve

these SIP revisions. On September 7,

2001, we received adverse comments on

our direct final rule from the Citizens

for Pennsylvania’s Future (PennFuture).

On September 28, 2001 (66 FR 49541),

we published a timely withdrawal in

the Federal Register informing the

public that the direct final rule did not

take effect. We indicated in our August

24, 2001 direct final rulemaking that if

we received adverse comments, EPA

would address all public comments in

a subsequent final rule based on the

proposed rule (66 FR 44581). This is

that subsequent final rule. A description

of the RACT determination(s) made for

each source was provided in the August

24, 2001 direct final rule and will not

be restated here. A summary of the

comments submitted by PennFuture

germane to this final rulemaking and

EPA’s responses are provided in Section

II of this document.

II. Public Comments and Responses

The Citizens for Pennsylvania’s

Future (PennFuture) submitted adverse

comments on twenty proposed rules

published by EPA in the Federal

Register between August 6 and August

24, 2001 to approve case-by-case RACT

SIP submissions from the

Commonwealth for NOX and or VOC

sources located in the Pittsburgh area.

PennFuture’s letter includes general

comments and comments specific to

EPA’s proposals for certain sources. A

summary of those comments and EPA’s

responses are provided below.

A. Comment: PennFuture comments

that EPA has conducted no independent

technical review, and has prepared no

technical support document to survey