Federal Register / Vol. 68, No. 10 / Wednesday, January 15, 2003 / Rules and Regulations 1965

petitions to exempt from control under 

the CSA a two products each containing 

esterified estrogens and 

methyltestosterone. In a letter dated July 

16, 2002, DEA provided a copy of these 

petitions to the Department of Health 

and Human Services (HHS) along with 

a request for evaluation and 

recommendation. In a letter dated 

September 14, 2002, the Assistant 

Secretary of Health for HHS 

recommended that both Syntest H.S. 

and Syntest D.S. be exempted from 

controls under the CSA based on their 

similarity to the products, Estratest H.S. 

and Estratest, respectively, both of 

which have been exempted from control 

under the CSA. A subsequent 

examination of DEA databases did not 

reveal any evidence of abuse or 

diversion of Estratest H.S. and Estratest. 

The Deputy Assistant Administrator, 

having reviewed the application, 

recommendation of the Secretary, and 

other relevant information, finds that 

Syntest H.S. and Syntest D.S. have no 

significant potential for abuse. 

Information on these products is given 

below.

EXEMPT ANABOLIC PRODUCTS

Trade name Company Form Ingredients Quantity 

Syntest H.S ............ Syntho Pharmaceuticals, Farmingdale, 

NY.

Tablets .................. Esterfied Estrogrens ............................ 0.62mg/Tablet. 

Methylestosterone ............................... 1.25mg/Tablet. 

Syntest D.S ............ Syntho Pharmaceuticals, Farmingdale, 

NY.

Tablets .................. Esterfied Estrogrens ............................ 1.25mg/Tablet. 

Methylestosterone ............................... 2.5mg/Tablet. 

Therefore, the Deputy Assistant 

Administrator hereby orders that the 

above anabolic steroid products be 

added to the list of products excluded 

from application of the CSA and 

referenced in 21 CFR 1308.34

Interested persons are invited to 

submit their comments in writing with 

regard to this interim rule. If any 

comments or objections raise significant 

issues regarding any finding of fact or 

conclusion of law upon which this 

order is based, the Deputy Assistant 

Administrator shall immediately 

suspend the effectiveness of this order 

until she may reconsider the application 

in light of the comments and objections 

filed. Thereafter, the Deputy Assistant 

Administrator shall reinstate, revoke, or 

amend her original order as she 

determines appropriate.

Regulatory Certifications 

Regulatory Flexibility Act 

The granting of exemption status 

relieves persons who handle the 

exempted products in the course of 

legitimate business from the 

registration, record keeping, security, 

and other requirements imposed by the 

CSA. Accordingly, the Deputy Assistant 

Administrator certifies that this action 

will not have a significant economic 

impact upon a substantial number of 

small entities whose interest must be 

considered under the Regulatory 

Flexibility Act. (5 U.S.C. 605(b)). 

Executive Order 12866

It has been determined that drug 

control matters are not subject to review 

by the Office of Management and 

Budget (OMB) pursuant to the 

provisions of Executive Order 12866. 

Accordingly, this action is not subject to 

those provisions of Executive Order 

12l778 which are contingent upon 

review by OMB. Nevertheless, the 

Deputy Assistant Administrator has 

determined that this is not a ‘‘major 

rule,’’ as that term is used in Executive 

Order 12866, and that it would 

otherwise meet the applicable standards 

of sections 2(a) and 2(b)(2) of Executive 

Order 12788. 

Executive Order 12988

This interim rule meets the applicable 

standards set forth in sections 3(a) and 

3(b)(2) of Executive Order 12988 Civil 

Justice Reform. 

Executive Order 13132

This interim rule does not preempt or 

modify any provision of state law; nor 

does it impose enforcement 

responsibilities on any state; nor does it 

diminish the power of any state to 

enforce its own law. Accordingly, this 

rulemaking does not have federalism 

implications warranting the application 

of Executive Order 13132. 

Unfunded Mandates Reform Act of 1995

This interim rule will not result in the 

expenditure by State, local or tribal 

governments, in the aggregate, or by the 

private sector, of $100,000,000 or more 

in any one year, and will not 

significantly or uniquely affect small 

governments. Therefore, no actions were 

deemed necessary under the provisions 

of the Unfunded Mandates Reform Act 

of 1995. 

Small Business Regulatory Enforcement 

Fairness Act of 1996

This interim rule is not a major rule 

as defined by section 804 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996. This rule will not 

result in an annual effect on the 

economy of $100,000,000 or more; a 

major increase in costs or prices, or 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or on the 

ability of United States-based 

companies to compete with foreignbased companies in domestic and 

export markets.

Dated: January 6, 2003. 

Laura M. Nagel, 

Deputy Assistant Administrator, Office of 

Diversion Control.

[FR Doc. 03–772 Filed 1–14–03; 8:45 am] 

BILLING CODE 4410–09–M

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 February 2003. Interest 

assumptions are also published on the 

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

EFFECTIVE DATE: February 1, 2003.

1966 Federal Register / Vol. 68, No. 10 / Wednesday, January 15, 2003 / Rules and Regulations 

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 February 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 

February 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 

February 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 5.10 

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 January 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 3.75 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 a decrease (from those in 

effect for January 2003) 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). 

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 February 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 

112, 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

* * * * * * * 

112 2–1–03 3–1–03 3.75 4.00 4.00 4.00 7 8 

3. In appendix C to part 4022, Rate Set 112, as set forth below, is added to the table. (The introductory text of the table 

is omitted.)

Federal Register / Vol. 68, No. 10 / Wednesday, January 15, 2003 / Rules and Regulations 1967

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

* * * * * * * 

112 2–1–03 3–1–03 3.75 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= 

* * * * * * * 

February 2003 ...................................................................... .0510 1–20 .0525 >20 N/A N/A 

Issued in Washington, DC, on this 9th day 

of January 2003. 

Joseph H. Grant, 

Deputy Executive Director and Chief 

Operating Officer, Pension Benefit Guaranty 

Corporation.

[FR Doc. 03–829 Filed 1–14–03; 8:45 am] 

BILLING CODE 7708–01–P

DEPARTMENT OF TRANSPORTATION

Coast Guard 

33 CFR Part 165 

[COTP Miami 02–156] 

RIN 2115–AA97 

Security Zones; Port of Palm Beach, 

Palm Beach, FL; Port Everglades, Fort 

Lauderdale, FL; Port of Miami, Miami, 

FL; and Port of Key West, Key West, 

FL

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is 

establishing security zones in the 

Captain of the Port Miami area for 

national security reasons to protect the 

public and ports from potential 

subversive acts. Similar security zones 

have been in effect under temporary 

rules following the terrorist attacks of 

September 11, 2001, on the World Trade 

Center and Pentagon. Entry into these 

zones will be prohibited, unless 

specifically authorized by the Captain of 

the Port, Miami, Florida, or his 

designated representative.

DATES: This rule is effective from 

December 16, 2002 until 11:59 p.m. on 

February 15, 2003.

ADDRESSES: Comments and materials 

received from the public, as well as 

documents indicated in this preamble as 

being available in the docket, are part of 

(COTP Miami-02–156) and are available 

for inspection or copying at Marine 

Safety Office Miami, 100 MacArthur 

Causeway, Miami Beach, FL 33139 

between 7:30 a.m. and 3 p.m. Monday 

through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

LTJG Jennifer Sadowski, Waterways 

Management Division Officer, Coast 

Guard Marine Safety Office Miami, at 

(305) 535–8750.

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

We did not publish a notice of 

proposed rulemaking (NPRM) for this 

temporary regulation. Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

NPRM. Publishing a NPRM, which 

would incorporate a comment period 

before a final rule was issued, would be 

contrary to the public interest since 

immediate action is needed to protect 

the public, ports and waterways of the 

United States. We did publish a NPRM 

on November 5, 2002 (67 FR 67342) 

proposing to make these same security 

zones permanent. The comment period 

for the NPRM closed on December 5, 

2002 and this temporary rule will 

ensure vessels are protected while we 

draft the final rule. 

For the same reasons, under 5 U.S.C. 

553(d)(3), the Coast Guard finds that 

good cause exists for making this rule 

effective less than 30 days after 

publication in the Federal Register. The 

Coast Guard will issue a broadcast 

notice to mariners and place 

enforcement vessels in the vicinity to 

advise mariners of the restriction. 

Background and Purpose 

The terrorist attacks of September 

2001 killed thousands of people and 

heightened the need for development of 

various security measures throughout 

the seaports of the United States, 

particularly around those vessels and 

facilities which are frequented by 

foreign nationals and maintain an 

interest to national security. The 

President has continued the national 

emergencies he declared following the 

September 11, 2001 terrorist attacks (67 

FR 58317 (Sep. 13, 2002) (continuing 

national emergency with respect to 

terrorist attacks), 67 FR 59447 (Sep. 20, 

2002) (continuing national emergency