Federal Register / Vol. 66, No. 179 / Friday, September 14, 2001 / Rules and Regulations 47885

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 the following new airworthiness

directive:

2001–19–01 Bombardier, Inc. (Formerly de

Havilland, Inc.): Amendment 39–12440.

Docket 2001–NM–39–AD.

Applicability: Model DHC–8–301 series

airplanes having the serial numbers listed

below, certificated in any category: 100, 108,

116, 124, 131, 137, 143, 149, 154, 159, 164,

169, 174, 180, 182, 184, 186, 188, 190, 192,

194, 196, 198, 200.

Note 1: This AD applies to each airplane

identified in the preceding applicability

provision, regardless of whether it has been

modified, altered, or repaired in the area

subject to the requirements of this AD. For

airplanes 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 (c) 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: Required as indicated, unless

accomplished previously.

To find and fix the access panels of the

upper wings that do not meet Model 301

wing specifications, which could result in

elongation of the attachment holes in the

panels due to critical design loads, and

consequent reduced structural integrity of the

wings; accomplish the following:

Determine Manufacturing Date/Corrective

Action

(a) Within 12 months after the effective

date of this AD: Remove the two access

panels of the upper wings, part number (P/

N) 85711539–003, to determine the

manufacturing date, which is stamped on the

underside of each panel; per de Havilland

Dash 8 Maintenance Manual, Product

Support Manual 1–83–2, Chapter 57–30–10,

dated March 31, 1995.

(1) If the manufacturing date on any panel

is September 30, 1997, or earlier, before

further flight, replace with a new panel, P/

N 85711539–003, having a manufacturing

date of October 1, 1997, or later; per the

maintenance manual.

(2) If the manufacturing date on any panel

is October 1, 1997, or later, reinstall that

panel per the maintenance manual. No

further action is required for that panel.

Spares

(b) As of the effective date of this AD: No

person may install an access panel, P/N

85711539–003, having a manufacturing date

of September 30, 1997, or earlier, on any

airplane.

Alternative Methods of Compliance

(c) 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, New York

Aircraft Certification Office (ACO), FAA.

Operators shall submit their requests through

an appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, New York ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the New York ACO.

Special Flight Permits

(d) Special flight permits may be issued in

accordance with sections 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.

Note 3: The subject of this AD is addressed

in Canadian airworthiness directive CF–99–

27, dated September 28, 1999.

Effective Date

(e) This amendment becomes effective on

October 1, 2001.

Issued in Renton, Washington, on

September 7, 2001.

Vi L. Lipski,

Manager, Transport Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 01–23068 Filed 9–13–01; 8:45 am]

BILLING CODE 4910–13–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 October 2001. Interest

assumptions are also published on the

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

EFFECTIVE DATE: October 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 October 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

October 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 October 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 6.10

percent for the first 20 years following

the valuation date and 6.25 percent

thereafter. These interest assumptions

represent a decrease (from those in

effect for September 2001) 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 4.50 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

47886 Federal Register / Vol. 66, No. 179 / Friday, September 14, 2001 / Rules and Regulations

assumptions are unchanged from those

in effect for September 2001.

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 October 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

96, 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

*******

96 ...................................... 10–1–01 11–1–01 4.50 4.00 4.00 4.00 7 8

3. In appendix C to part 4022, Rate Set

96, 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

*******

96 ...................................... 10–1–01 11–1–01 4.50 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 =

*******

October 2001 .................................................................... .0610 1–20 .0625 >20 N/A N/A

Federal Register / Vol. 66, No. 179 / Friday, September 14, 2001 / Rules and Regulations 47887

Issued in Washington, DC, on this 11th day

of September 2001.

John Seal,

Acting Executive Director, Pension Benefit

Guaranty Corporation.

[FR Doc. 01–23158 Filed 9–13–01; 8:45 am]

BILLING CODE 7708–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 51, 52, 96, and 97

[FRL–7056–9]

Availability of Documents for the

Response to the Remands in the

Ozone Transport Cases Concerning

the Method for Computing Growth for

Electric Generating Units; Extension of

Comment Period

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice to extend comment

period.

SUMMARY: In response to requests from

the public, the EPA is extending the

comment period for the notice of data

availability for the Nitrogen Oxides

State Implementation Plan Call ( NOX

SIP Call) and the Section 126 Rule that

was published on August 3, 2001 (66 FR

40609) for an additional 15 days. The

comment period will now end on

September 19, 2001.

DATES: The EPA is establishing a

comment period ending on September

19, 2001. Comments must be

postmarked by the last day of the

comment period and sent directly to the

Docket Office listed in ADDRESSES (in

duplicate form if possible).

ADDRESSES: Comments may be

submitted to the Office of Air and

Radiation Docket and Information

Center (6102), Attention: Docket No. A–

96–56 for the NOX SIP Call and Docket

No. A–97–43 for the Section 126 Rule,

U.S. Environmental Protection Agency,

1200 Pennsylvania Avenue NW,

Washington, DC 20460, telephone (202)

260–7548. The EPA encourages

electronic submission of comments

following the instructions under

SUPPLEMENTARY INFORMATION of this

document. The e-mail address is A-andR-Docket@epa.gov. No confidential

business information should be

submitted through e-mail.

Copies of all of the documents

containing the new data being made

available have been placed in the docket

for the NOX SIP Call rule, Docket No. A–

96–56, and have been incorporated by

reference in the docket for the Section

126 Rule, Docket No. A–97–43. These

new documents, and other documents

relevant to these rulemakings, are

available for inspection at the Docket

Office, located at 401 M Street SW,

Room M–1500, Washington, DC 20460,

between 8 a.m. and 5:30 p.m., Monday

through Friday, excluding legal

holidays. A reasonable fee may be

charged for copying. Some of the

documents have also been made

available in electronic form at the

following EPA website: http://

www.epa.gov/airmarkets/fednox/

126noda/.

FOR FURTHER INFORMATION CONTACT:

Questions concerning the notice of data

availability should be directed to Kevin

Culligan, Office of Atmospheric

Programs, Clean Air Markets Division,

6204M, 1200 Pennsylvania Ave. NW,

Washington, DC 20460, telephone (202)

564–9172, e-mail

culligan.kevin@epa.gov; or Howard J.

Hoffman, Office of General Counsel,

2344A, 1200 Pennsylvania Ave. NW,

Washington, DC 20460, telephone (202)

564–5582, e-mail

hoffman.howard@epa.gov. General

questions about the Section 126 Rule or

the NOX SIP Call may be directed to

Carla Oldham, Office of Air Quality

Planning and Standards, Air Quality

Strategies and Standards Division, MD–

15, Research Triangle Park, NC, 27711,

telephone (919) 541–3347, e-mail

oldham.carla@epa.gov.

SUPPLEMENTARY INFORMATION:

Submitting Electronic Comments

Electronic comments are encouraged

and can be sent directly to EPA at Aand-R-Docket@epa.gov. Electronic

comments must be submitted as an

ASCII file avoiding the use of special

characters and any form of encryption.

Comments will also be accepted on

disks in WordPerfect 8.0 or ASCII file

format. All comments in electronic form

must be identified by Docket No. A–96–

56 for the NOX SIP Call and Docket No.

A–97–43 for the Section 126 Rule.

Electronic comments may be filed

online at many Federal Depository

Libraries.

Extension of Comment Period

In the August 3, 2001 notice of data

availability, EPA provided notice that it

had placed in the dockets for the two

main rulemakings concerning ozonesmog transport in the eastern part of the

United States-the Nitrogen Oxides State

Implementation Plan Call ( NOX SIP

Call) and the Section 126 Rule—data

relevant to the remands by the U.S.

Court of Appeals for the District of

Columbia Circuit (D.C. Circuit)

concerning growth rates for seasonal

heat input by electric generating units

(EGUs). In both the NOX SIP Call and

Section 126 rulemakings, EPA

determined control obligations with

respect to EGUs through the same

computation, which included, as one

component, estimates of growth in heat

input by the EGUs from 1996 to 2007.

In two cases decided earlier this year

challenging the Section 126 rulemaking

and a pair of rulemakings that made

technical corrections to the NOX SIP

Call, the D.C. Circuit considered

challenges to EPA’s calculation of the

growth estimate and its use of growth

factors. In virtually identical decisions,

the Court remanded the growth

component to EPA for a better response

to certain data presented by the affected

States and industry concerning actual

heat input, and for a better explanation

of EPA’s methodology. The EPA is in

the process of responding to those

remands. The EPA’s preliminary view is

that its growth calculations were

reasonable and can be supported with a

more robust explanation, based on the

existing record, that takes into account

the Court’s concerns. In addition, EPA

is considering new data that have

recently been placed in the dockets for

the NOX SIP Call and Section 126 Rule.

These new data appear to confirm the

reasonableness of the growth

calculations. The EPA intends to

complete its response to the Court’s

remands in November 2001.

The EPA originally provided a 30-day

period for the public to comment on

these new data. In response to requests

from the Utility Air Regulatory Group

and the State of Illinois, EPA is

extending the comment period for an

additional 15 days. Please refer to the

August 3, 2001 notice for a description

of the data on which EPA is soliciting

comment.

Dated: August 31, 2001.

John Seitz,

Director, Office of Air Quality Planning and

Standards.

[FR Doc. 01–23081 Filed 9–13–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[IN135–2; FRL–7052–6]

Approval and Promulgation of

Implementation Plans; Indiana

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.