Federal Register / Vol. 65, No. 158 / Tuesday, August 15, 2000 / Rules and Regulations 49737

add comments and then send it to the

Manager, Los Angeles ACO.

Note 4: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Los Angeles ACO.

Special Flight Permit

(f) Special flight permits may be issued in

accordance with §§ 21.197 and 21.199 of the

Federal Aviation Regulations (14 CFR 21.197

and 21.199) to operate the airplane to a

location where the requirements of this AD

can be accomplished.

Effective Date

(g) The effective date of this amendment

remains August 1, 2000.

Appendix 1

Excerpt from an FAA Memorandum to

Director-Airworthiness and Technical

Standards of ATA, dated March 20, 1992.

‘‘(1) Indication System:

(a) The indication system must monitor the

closed, latched, and locked positions,

directly.

(b) The indicator should be amber unless

it concerns an outward opening door whose

opening during takeoff could present an

immediate hazard to the airplane. In that case

the indicator must be red and located in

plain view in front of the pilots. An aural

warning is also advisable. A display on the

master caution/warning system is also

acceptable as an indicator. For the purpose

of complying with this paragraph, an

immediate hazard is defined as significant

reduction in controllability, structural

damage, or impact with other structures,

engines, or controls.

(c) Loss of indication or a false indication

of a closed, latched, and locked condition

must be improbable.

(d) A warning indication must be provided

at the door operators station that monitors

the door latched and locked conditions

directly, unless the operator has a visual

indication that the door is fully closed and

locked. For example, a vent door that

monitors the door locks and can be seen from

the operators station would meet this

requirement.

(2) Means to Visually Inspect the Locking

Mechanism:

There must be a visual means of directly

inspecting the locks. Where all locks are tied

to a common lock shaft, a means of

inspecting the locks at each end may be

sufficient to meet this requirement provided

no failure condition in the lock shaft would

go undetected when viewing the end locks.

Viewing latches may be used as an alternate

to viewing locks on some installations where

there are other compensating features.

(3) Means to Prevent Pressurization:

All doors must have provisions to prevent

initiation of pressurization of the airplane to

an unsafe level, if the door is not fully closed,

latched and locked.

(4) Lock Strength:

Locks must be designed to withstand the

maximum output power of the actuators and

maximum expected manual operating forces

treated as a limit load. Under these

conditions, the door must remain closed,

latched and locked.

(5) Power Availability:

All power to the door must be removed in

flight and it must not be possible for the

flight crew to restore power to the door while

in flight.

(6) Powered Lock Systems:

For doors that have powered lock systems,

it must be shown by safety analysis that

inadvertent opening of the door after it is

fully closed, latched and locked, is extremely

improbable.’’

Issued in Renton, Washington, on August

9, 2000.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 00–20650 Filed 8–14–00; 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 September 2000. Interest

assumptions are also published on the

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

EFFECTIVE DATE: September 1, 2000.

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. (For TTY/TDD

users, 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). (See the PBGC’s two final

rules published March 17, 2000, in the

Federal Register (at 65 FR 14752 and

14753). Effective May 1, 2000, these

rules changed how the interest

assumptions are used and where they

are set forth in the PBGC’s regulations.)

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 September 2000,

(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

September 2000, 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

September 2000.

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 7.00

percent for the first 25 years following

the valuation date and 6.25 percent

thereafter. These interest assumptions

represent a decrease (from those in

effect for August 2000) of 0.10 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 5.25 percent for the

period during which a benefit is in pay

status, 4.50 percent during the sevenyear period directly preceding the

benefit’s placement in pay status, and

4.00 percent during any other years

preceding the benefit’s placement in pay

status. These interest assumptions

represent no change from those in effect

for August 2000.

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).

49738 Federal Register / Vol. 65, No. 158 / Tuesday, August 15, 2000 / 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 September 2000,

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

83, 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

*******

83 9–1–00 10–1–00 5.25 4.50 4.00 4.00 7 8

3. In appendix C to part 4022, Rate Set

83, 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

*******

83 9–1–00 10–1–00 5.25 4.50 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.)

Federal Register / Vol. 65, No. 158 / Tuesday, August 15, 2000 / Rules and Regulations 49739

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 =

*****

September 2000 ............................................................... .070 1–25 .0625 25 N/A N/A

Issued in Washington, DC, on this 10th day

of August 2000.

David M. Strauss,

Executive Director, Pension Benefit Guaranty

Corporation.

[FR Doc. 00–20703 Filed 8–14–00; 8:45 am]

BILLING CODE 7708–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 300

[FRL–6849–9]

National Oil and Hazardous

Substances Pollution Contingency

Plan; National Priorities List

AGENCY: Environmental Protection

Agency.

ACTION: Direct Final deletion of the

Warwick Landfill Superfund Site from

the National Priorities List.

SUMMARY: The Environmental Protection

Agency (EPA), Region II, announces the

deletion of the Warwick Landfill

Superfund Site (Site) from the National

Priorities List (NPL) and requests public

comment on this action. The NPL

constitutes Appendix B of the National

Oil and Hazardous Substances Pollution

Contingency Plan (NCP), 40 CFR Part

300, which EPA promulgated pursuant

to Section 105 of the Comprehensive

Environmental Response,

Compensation, and Liability Act

(CERCLA). EPA and the New York State

Department of Environmental

Conservation (NYSDEC) have

determined that all appropriate CERCLA

actions have been implemented and

that, aside from operations and

maintenance, no further response

actions by responsible parties are

appropriate. Moreover, EPA and

NYSDEC have determined that the Site

poses no significant threat to public

health and the environment.

DATES: This ‘‘direct final’’ action will be

effective October 16, 2000 unless EPA

receives significant adverse or critical

comments by September 14, 2000. If

written significant adverse or critical

comments are received, EPA will

publish a timely withdrawal of the rule

in the Federal Register, informing the

public that the rule will not take effect.

ADDRESSES: Written comments should

be submitted to: Damian J. Duda,

Remedial Project Manager, Emergency

and Remedial Response Division, U.S.

Environmental Protection Agency,

Region II, 290 Broadway, 20th Floor,

New York, New York 10007–1866, Fax:

(212) 637–3966, E-mail:

duda.damian@epa.gov. Comprehensive information on this

Site is available through the public

docket contained at: U.S. Environmental

Protection Agency, Region II, Superfund

Records Center, 290 Broadway, Room

1828, New York, New York 10007–1866,

(212) 637–4308, Hours: 9:00 AM to 5:00

PM, Monday through Friday. Information on the Site is also

available for viewing at the following

information repositories: Warwick

Town Hall, 132 Kings Highway,

Warwick, New York 10990, (914) 986–

1120 and the Greenwood Lake Village

Hall, Church Street, Greenwood Lake,

New York 10925, (914) 477–9215.

FOR FURTHER INFORMATION CONTACT: Mr.

Duda may be contacted at the above

address, by telephone at (212) 637–

4269, by FAX at (212) 637–3966 or via

e-mail at duda.damian@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction

II. NPL Deletion Criteria

III. Deletion Procedures

IV. Basis for Intended Site Deletion

V. Action

I. Introduction

EPA Region II announces the deletion

of the Warwick Landfill Site (Site),

located in the Town of Warwick, Orange

County, New York, from the National

Priorities List (NPL) and requests public

comment on this action. The NPL

constitutes Appendix B of the National

Oil and Hazardous Substances Pollution

Contingency Plan (NCP), 40 CFR Part

300. EPA identifies sites that appear to

present a significant risk to public

health or the environment and

maintains the NPL as the list of those

sites. Sites on the NPL may be the

subject of remedial actions financed by

the Hazardous Substances Superfund

Response Trust Fund (Fund). Pursuant

to § 300.425(e)(3) of the NCP, any site

deleted from the NPL remains eligible

for Fund-financed remedial actions in

the unlikely event that conditions at the

Site warrant such action.

EPA will accept comments,

concerning this document, for thirty

days after publication of this notice in

the Federal Register.

Section II of this document explains

the criteria for deleting sites from the

NPL. Section III discusses the

procedures that EPA is using for this

action. Section IV discusses the

Warwick Landfill Site and explains how

the Site meets the deletion criteria.

II. NPL Deletion Criteria

The NCP establishes the criteria that

the Agency uses to delete sites from the

NPL. In accordance with § 300.425(e) of

the NCP, sites may be deleted from the

NPL where no further response is

appropriate. In making this

determination, EPA, in consultation

with New York State, shall consider

whether any of the following criteria

have been met:

(i) Responsible or other parties have

implemented all appropriate response

actions required; or,

(ii) All appropriate Fund-financed

responses under CERCLA have been

implemented, and no further action by

responsible parties is appropriate; or,

(iii) The remedial investigation has

shown that the release poses no

significant threat to public health or the

environment and, therefore, taking

remedial measures is not appropriate.

Deletion of a site from the NPL does

not preclude eligibility for subsequent

Fund-financed actions at the Site if

future Site conditions warrant such

actions. Section 300.425(e)(3) of the

NCP provides that Fund-financed

actions may be taken at sites that have

been deleted from the NPL. Further,

deletion of a site from the NPL does not

affect the liability of responsible parties

or impede Agency efforts to recover

costs associated with response efforts.

III. Deletion Procedures

The following procedures are being

used for the intended deletion of this

Site:

(1) EPA Region II issued Records of

Decision (RODs) in June 1991 and