Federal Register / Vol. 67, No. 221 / Friday, November 15, 2002 / Rules and Regulations 69121

been approved by OMB in accordance 

with the PRA under the regulations 

governing premarket notification 

submissions, 21 CFR part 807, subpart 

E, OMB control number 0910–0120.

IX. Reference

The following reference has been 

placed on display in the Dockets 

Management Branch (HFA–305), Food 

and Drug Administration, 5630 Fishers 

Lane, rm. 1061, Rockville, MD 20852. 

This reference may be seen by interested 

persons between 9 a.m. and 4 p.m., 

Monday through Friday.

1. Transcript of General Hospital and 

Personal Use Devices Panel of the 

Medical Devices Advisory Committee 

Meeting, September 14, 1998.

List of Subjects in 21 CFR Part 880

Medical devices.

Therefore, under the Federal Food, 

Drug, and Cosmetic Act, and under 

authority delegated to the Commissioner 

of Food and Drugs, 21 CFR part 880 is 

amended as follows:

PART 880—GENERAL HOSPITAL AND 

PERSONAL USE DEVICES

1. The authority citation for 21 CFR 

part 880 continues to read as follows:

Authority: 21 U.S.C. 351, 360, 360c, 360e, 

360j, 371.

2. Section 880.6991 is added to 

subpart G to read as follows:

§ 880.6991 Medical washer.

(a) Identification. A medical washer is 

a device that is intended for general 

medical purposes to clean and dry 

surgical instruments, anesthesia 

equipment, hollowware, and other 

medical devices.

(b) Classification. Class II (special 

controls). The special control for this 

device is the FDA guidance document 

entitled ‘‘Class II Special Controls 

Guidance Document: Medical Washers 

and Medical Washer-Disinfectors.’’ The 

device is exempt from the premarket 

notification procedures in subpart E of 

part 807 of this chapter subject to 

§ 880.9.

3. Section 880.6992 is added to 

subpart G to read as follows:

§ 880.6992 Medical washer-disinfector.

(a) Identification. A medical washerdisinfector is a device that is intended 

for general medical purposes to clean, 

decontaminate, disinfect, and dry 

surgical instruments, anesthesia 

equipment, hollowware, and other 

medical devices.

(b) Classification. Class II (special 

controls). The special control for this 

device is the FDA guidance document 

entitled ‘‘Class II Special Controls 

Guidance Document: Medical Washers 

and Medical Washer-Disinfectors.’’

(1) Medical washer-disinfectors that 

are intended to clean, high level 

disinfect, and dry surgical instruments, 

anesthesia equipment, hollowware, and 

other medical devices.

(2) Medical washer-disinfectors that 

are intended to clean, low or 

intermediate level disinfect, and dry 

surgical instruments, anesthesia 

equipment, hollowware, and other 

medical devices are exempt from the 

premarket notification procedures in 

subpart E of part 807 of this chapter 

subject to § 880.9.

Dated: October 28, 2002.

Linda S. Kahan,

Deputy Director, Center for Devices and 

Radiological Health.

[FR Doc. 02–28942 Filed 11–14–02; 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 December 2002. Interest 

assumptions are also published on the 

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

EFFECTIVE DATE: December 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 December 2002, 

(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 

December 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 

December 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 5.30 

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 November 2002) of 0.30 

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 4.00 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 November 2002) 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).

69122 Federal Register / Vol. 67, No. 221 / Friday, November 15, 2002 / 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 December 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 

110, 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 i1 i2 i3 n1 n2

* * * * * * * 

110 12–1–02 1–1–03 4.00 4.00 4.00 4.00 7 8 

3. In appendix C to part 4022, Rate Set 110, 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 i1 i2 i3 n1 n2

* * * * * * * 

110 12–1–02 1–1–03 4.00 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

* * * * *

Federal Register / Vol. 67, No. 221 / Friday, November 15, 2002 / Rules and Regulations 69123

For valuation dates occurring in the month—

The values of it are: 

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

* * * * * * * 

December 2002 ................................................................ .0530 1–25 .0425 >25 N/A N/A 

Issued in Washington, DC, on this 8th day 

of November 2002. 

Joseph H. Grant, 

Deputy Executive Director and Chief 

Operating Officer, Pension Benefit Guaranty 

Corporation.

[FR Doc. 02–29024 Filed 11–14–02; 8:45 am] 

BILLING CODE 7708–01–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 918 

[LA–022–FOR] 

Louisiana Regulatory Program

AGENCY: Office of Surface Mining 

Reclamation and Enforcement, Interior.

ACTION: Final rule; approval of 

amendment. 

SUMMARY: We, the Office of Surface 

Mining Reclamation and Enforcement 

(OSM), are approving an amendment to 

the Louisiana regulatory program 

(Louisiana program) under the Surface 

Mining Control and Reclamation Act of 

1977 (SMCRA or the Act). Louisiana 

proposed revisions to its regulations 

concerning revegetation success 

standards for post-mining land uses of 

pastureland and wildlife habitat. 

Louisiana also proposed to add to its 

program a policy document that 

describes the criteria and procedures for 

determining reclamation phase III 

ground cover and tree and shrub 

stocking success for areas developed for 

wildlife habitat. Louisiana revised its 

program to be consistent with the 

corresponding Federal regulations.

EFFECTIVE DATE: November 15, 2002.

FOR FURTHER INFORMATION CONTACT:

Michael C. Wolfrom, Director, Tulsa 

Field Office. Telephone: (918) 581–

6430. Internet: mwolfrom@osmre.gov.

SUPPLEMENTARY INFORMATION:

I. Background on the Louisiana Program 

II. Submission of the Amendment 

III. OSM’s Findings 

IV. Summary and Disposition of Comments 

V. OSM’s Decision 

VI. Procedural Determinations

I. Background on the Louisiana 

Program 

Section 503(a) of the Act permits a 

State to assume primacy for the 

regulation of surface coal mining and 

reclamation operations on non-Federal 

and non-Indian lands within its borders 

by demonstrating that its State program 

includes, among other things, ‘‘* * * a 

State law which provides for the 

regulation of surface coal mining and 

reclamation operations in accordance 

with the requirements of this Act * * *; 

and rules and regulations consistent 

with regulations issued by the Secretary 

pursuant to this Act.’’ See 30 U.S.C. 

1253(a)(1) and (7). On the basis of these 

criteria, the Secretary of the Interior 

conditionally approved the Louisiana 

program on October 10, 1980. You can 

find background information on the 

Louisiana program, including the 

Secretary’s findings, the disposition of 

comments, and the conditions of 

approval in the October 10, 1980, 

Federal Register (45 FR 67340). You can 

also find later actions concerning the 

Louisiana program and program 

amendments at 30 CFR 918.15 and 

918.16. 

II. Submission of the Amendment 

By letter dated October 2, 2001 

(Administrative Record No. LA–367), 

Louisiana sent us an amendment to its 

program under SMCRA (30 U.S.C. 1201 

et seq.). Louisiana sent the amendment 

in response to our letters dated March 

24, 1999, and August 16, 2000 

(Administrative Record Nos. LA–365 

and LA–365.01, respectively), that we 

sent to Louisiana in accordance with 30 

CFR 732.17(c). Louisiana proposed 

revisions to the Louisiana Surface 

Mining Regulations found in the 

Louisiana Administrative Code, Title 

43, Part XV (LAC) concerning 

revegetation success standards for postmining land uses of pastureland and 

wildlife habitat. Louisiana also 

proposed to add to its program a policy 

document that describes the criteria and 

procedures for determining reclamation 

phase III ground cover and tree and 

shrub stocking success for areas 

developed for wildlife habitat. We announced receipt of the 

proposed amendment in the November 

2, 2001, Federal Register (66 FR 55609). 

In the same document, we opened the 

public comment period and provided an 

opportunity for a public hearing or 

meeting on the amendment’s adequacy. 

We did not hold a public hearing or 

meeting because no one requested one. 

The public comment period ended on 

December 3, 2001. We received 

comments from two Federal agencies. 

One of these agencies, the U. S. Fish and 

Wildlife Service (FWS), offered several 

comments on the proposed amendment. 

We forwarded these comments to 

Louisiana on January 25, 2002 

(Administrative Record No. LA–367.06). 

By telephone, the State informed us that 

it would have to study the comments 

before responding to them 

(Administrative Record No. LA–367.08). 

We received Louisiana’s response to the 

FWS comments in a letter dated June 

11, 2002 (Administrative Record No. 

LA–367.05). Louisiana stated that it felt 

that its proposed revegetation success 

standards are consistent with SMCRA 

and no less effective than the Federal 

surface mining regulations. Therefore, 

we are proceeding with the final rule 

Federal Register document. 

III. OSM’s Findings 

Following are the findings we made 

concerning the amendment under 

SMCRA and the Federal regulations at 

30 CFR 732.15 and 732.17. We are 

approving the amendment. Any 

revisions that we do not discuss below 

concern nonsubstantive wording or 

editorial changes or revised crossreferences and paragraph notations to 

reflect organizational changes resulting 

from this amendment. 

A. Section 5423. Revegetation: 

Standards for Success 

Louisiana added new paragraph B.1.e. 

stating that the criteria and procedures 

for determining ground cover and 

production success for pastureland are 

found at Section 5424. Louisiana also 

added new paragraph B.8.a. stating that 

the criteria and procedures for 

determining ground cover and stocking 

success for fish and wildlife habitat are 

found at Section 5425. There are no 

Federal counterpart regulations stating 

where to find in the regulations criteria 

and procedures for determining ground 

cover and production success for areas