18112 Federal Register / Vol. 67, No. 72 / Monday, April 15, 2002 / Rules and Regulations

Millennium Edition published in the

Proposed Rules section of today’s

Federal Register.

List of Subjects in 29 CFR Part 1926

Incorporation by reference, MUTCD,

Occupational Safety and Health, Traffic

control devices.

Authority and Signature

This document was prepared under

the direction of John Henshaw,

Assistant Secretary of Labor for

Occupational Safety and Health, 200

Constitution Avenue, NW., Washington,

DC 20210.

This action is taken pursuant to

sections 4, 6, and 8 of the Occupational

Safety and Health Act of 1970 (29 U.S.C.

§§ 653, 655, 657), section 4 of the

Administrative Procedure Act (5 U.S.C.

§ 553), Section 107 of the Contract Work

Hours and Safety Standards Act

(Construction Safety Act), 40 U.S.C. 333,

Secretary of Labor’s Order No. 3–2000

(65 F.R. 50017), and 29 CFR Part 1911.

Signed at Washington, D.C., this 3rd day of

April, 2002.

John Henshaw,

Assistant Secretary of Labor.

Part 1926 of Title 29 of the Code of

Federal Regulations is hereby amended

as set forth below:

PART 1926—[AMENDED]

1. The authority citation for Subpart

G of Part 1926 is revised to read as

follows:

Authority: Sec. 107, Contract Work Hours

and Safety Standards Act (Construction

Safety Act) (40 U. S. C. 333); secs. 4, 6, 8,

Occupational Safety and Health Act of 1970

(29 U. S. C. 653, 655, 657); Secretary of

Labor’s Order No. 12–71 (36 FR 8754), 8–76

(41 FR 25059), 9–83 (48 FR 35736), or 3–2000

(65 FR 50017) as applicable, 29 CFR Part

1911.

Subpart G—[Amended]

2. Paragraph (g)(2) of § 1926.200 is

revised to read as follows:

§ 1926.200 Accident prevention signs and

tags

* * * * *

(g) * * *

(2) All traffic control signs or devices

used for protection of construction

workers shall conform to Part VI of the

Manual of Uniform Traffic Control

Devices (‘‘MUTCD’’), 1988 Edition,

Revision 3, September 3, 1993, FHWA–

SA–94–027 or Part VI of the Manual on

Uniform Traffic Control Devices,

Millennium Edition, December 2000,

FHWA, which are incorporated by

reference. The Director of the Federal

Register approves this incorporation by

reference in accordance with 5 U.S.C.

552(a) and 1 CFR Part 51. You may

obtain a copy of the Millennium Edition

from the following organizations:

American Traffic Safety Services

Association, 15 Riverside Parkway,

Suite 100, Fredericksburg, VA 22406–

1022; Telephone: 1–800–231–3475;

FAX: (540) 368–1722; www.atssa.com;

Institute of Transportation Engineers,

1099 14th Street, NW, Suite 300 West,

Washington, DC 20005–3438; FAX:

(202) 289–7722; www.ite.org; and

American Association of State Highway

and Transportation Officials;

www.aashto.org; Telephone: 1–800–

231–3475; FAX: 1–800–525–5562.

Electronic copies of the MUTCD 2000

are available for downloading at http:/

/mutcd.fhwa.dot.gov/kno-millennium.

Electronic copies of the 1988 Edition

MUTCD, Revision 3, are available for

downloading at http://www.osha.gov/

doc/highway—workzones. Both

documents are available for inspection

at the OSHA Docket Office, Room

N2625, U.S. Department of Labor, 200

Constitution Avenue, NW, Washington,

DC 20210 or at the Office of the Federal

Register, 800 North Capitol Street, NW,

Suite 700, Washington, DC.

* * * * *

3. Paragraph (a) of § 1926.201 is

revised to read as follows:

§ 1926.201 Signaling.

(a) Flaggers. Signaling by flaggers and

the use of flaggers, including warning

garments worn by flaggers shall conform

to Part VI of the Manual on Uniform

Traffic Control Devices, (1988 Edition,

Revision 3 or the Millennium Edition),

which are incorporated by reference in

§1926.200(g)(2).

* * * * *

4. Section 1926.202 is revised to read

as follows:

§ 1926.202 Barricades

Barricades for protection of

employees shall conform to Part VI of

the Manual on Uniform Traffic Control

Devices (1988 Edition, Revision 3 or

Millennium Edition), which are

incorporated by reference in §1926.

200(g)(2).

5. Paragraph (c) of § 1926.203 is

revised to read as follows:

§ 1926.203 Definitions applicable to this

subpart.

* * * * *

(c) Signals are moving signs, provided

by workers, such as flaggers, or by

devices, such as flashing lights, to warn

of possible or existing hazards.

* * * * *

[FR Doc. 02–8773 Filed 4–12–02; 8:45 am]

BILLING CODE 4510–26–P

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 May 2002. Interest assumptions

are also published on the PBGC’s Web

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

EFFECTIVE DATE: May 1, 2002.

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 May 2002, (2)

Federal Register / Vol. 67, No. 72 / Monday, April 15, 2002 / Rules and Regulations 18113

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 May

2002, 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 May 2002.

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 5.90

percent for the first 25 years following

the valuation date and 4.25 percent

thereafter. These interest assumptions

represent an increase (from those in

effect for April 2002) of 0.40 percent for

the first 25 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 April 2002) of 0.50 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).

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 May 2002, 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

103, 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 Immedidate

annuity rate

(percent)

Deferred annuities

(percent)

On or after Before i1 i2 i3 n1 n2

*******

103 5–1–02 6–1–02 4.75 4.00 4.00 4.00 7 8

3. In appendix C to part 4022, Rate Set

103, 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 Immedidate

annuity rate

(percent)

Deferred annuities

(percent)

On or after Before i1 i2 i3 n1 n2

*******

103 5–1–02 6–1–02 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

* * * * *

18114 Federal Register / Vol. 67, No. 72 / Monday, April 15, 2002 / Rules and Regulations

For valuation dates occuring in the month—

The values of it are:

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

*******

May 2002 .......................................................................................................................... .0590 1–25 .0425 >25 N/A N/A

Issued in Washington, DC, on this 9th day

of April 2002.

Steven A. Kandarian,

Executive Director, Pension Benefit Guaranty

Corporation.

[FR Doc. 02–9064 Filed 4–12–02; 8:45 am]

BILLING CODE 7708–01–P

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 199

RIN–0720–AA60

TRICARE; Civilian Health and Medical

Program of the Uniformed Services

(CHAMPUS); Bonus Payments in

Medically Underserved Areas

AGENCY: Office of the Secretary, DoD.

ACTION: Final rule.

SUMMARY: This final rule implements a

bonus payment, in addition to the

amount normally paid under the

allowable charge methodology, to

physicians in medically underserved

areas. For purposes of this rule,

medically underserved areas are the

same as those determined by the

Secretary of Health and Human Services

for the Medicare program. Such bonus

payments shall be equal to the bonus

payments authorized by Medicare,

except as necessary to recognize any

unique or distinct characteristics or

requirements of the TRICARE program,

and as described in instructions issued

by the Executive Director, TRICARE

Management Activity. This rule

promotes a reimbursement

enhancement to a limited number of

physicians designed to increase

TRICARE beneficiary access to care.

EFFECTIVE DATE: This rule is effective

August 2, 2000.

ADDRESSES: TRICARE Management

Activity, Medical Benefits and

Reimbursement Systems, 16401 East

Centretech Parkway, Aurora, CO 80011–

9043.

FOR FURTHER INFORMATION CONTACT: Stan

Regensberg, Medical benefits and

Reimbursement Systems, TRICARE

Management Activity, telephone (303)

676–3742.

SUPPLEMENTARY INFORMATION:

I. Final Rule Provisions

A. Overview

This final rule implements a bonus

payment, in addition to the amount

normally paid under the allowable

charge methodology, to physicians in

medically underserved areas. This

action is undertaken under authority of

Title 10, United States Code Chapter 55,

section 1079, Paragraph (h)(1). For

purposes of this rule, medically

underserved areas are the same as those

determined by the Secretary of Health

and Human Services for the Medicare

program, as described below. Such

bonus payments shall be equal to the

bonus payments authorized by

Medicare, except as necessary to

recognize any unique or distinct

characteristics or requirements of the

TRICARE program, and as described in

instructions issued by the Executive

Director, TRICARE Management

Activity. Bonus payments under

Medicare are described below. If the

Department of Health and Human

Services acts to amend or remove the

provision for bonus payments under

Medicare, TRICARE likewise may

follow Medicare in amendment or

removing provision for such payments.

Additionally, it provides a

reimbursement enhancement that favors

physicians in underserved areas, thus

alleviating healthcare access problems

experienced by beneficiaries residing in

such areas. Finally, because Medicare

previously established a bonus payment

reimbursement mechanism in these

areas, our emulation of this well

established mechanism complies with

existing statutory mandates that

TRICARE follow Medicare

reimbursement policy wherever

practicable. This rule will not

unilaterally increase payments to all

physicians, but just those residing in

these underserved areas. To do

otherwise would prevent TRICARE

Management Activity from fulfilling its

duty to beneficiaries in these

underserved areas.

B. Medicare Underserved Areas

For Medicare, ‘‘medically

underserved areas’’ are those HPSAs

(Health Professional Shortage Areas)

designated by the Bureau of Primary

Health Care (BPHC) within the Health

Resources and Services Administration

(HRSA). HRSA defines the areas

through a set of criteria and publishes

lists which have names of the areas

(sometimes by county, sometimes by

census tract, or other descriptive

definitions). The HPSAs are areas

considered to have a shortage of primary

care physicians, but Medicare pays the

bonus payment for all physician

services in these geographic areas.

Medicare carriers are responsible for

determining the boundaries of the

HPSAs and qualifying physicians

within these areas. Areas are to have a

shortage of primary care health

physicians; many are rural but that is

not a criterion for inclusion; poor intercity geographic areas are often included.

C. Medicare Bonus Payments

The Medicare program pays

physicians that provide services in

medically underserved areas a bonus

payment equal to ten percent of their

Medicare payments, and the Medicare

carriers calculate and pay these bonus

payments quarterly by summing the

amount of government payment from

claims with a special modifier (QB or

QU) which indicates that the service

was provided in such an area (i.e., this

is not an increase in the allowed amount

nor does it produce a special fee

schedule for this type of servicer, it is

simply a bonus payment). The Medicare

bonus payment is based on § 1833(b) of

the Social Security Act.

II. Public Comments

A 60-day comment period was

provided on the interim final rule.

Comments were received from only two

parties. Both the American Psychiatric

Association and the Veterans Health

Administration comments concerned

the process that would be used to

implement the bonus payment

reimbursement system. The process that

shall be used will pay physicians that

provide services in health professional

shortage areas the same additional

payment that Medicare would pay in

these areas. TRICARE contractors that

administer and pay for physician

services will inform physicians of the

process that will be followed in order to

receive the bonus payment from

TRICARE. There was some confusion

that occurred between the bonus