Federal Register / Vol. 69, No. 219 / Monday, November 15, 2004 / Notices 65661

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 40–8904] 

Establishment of the U.S. Department 

of Energy as the Long-Term Custodian 

of the L-Bar Uranium Mill Tailings Site 

Near Seboyeta, NM, and Termination of 

the Sohio Western Mining Company 

Source Materials License for the L-Bar 

Site

AGENCY: Nuclear Regulatory 

Commission.

ACTION: Notice of establishment of the 

U.S. Department of Energy (DOE) as the 

long-term custodian of the L-Bar 

uranium mill tailings site near Seboyeta, 

New Mexico, under the general license 

provisions of 10 CFR 40.28, and 

termination of the Sohio Western 

Mining Company specific Source 

Materials License SUA–1472 for the LBar site. 

FOR FURTHER INFORMATION CONTACT: Rick 

Weller, Project Manager, Fuel Cycle 

Facilities Branch, Division of Fuel Cycle 

Safety and Safeguards, Office of Nuclear 

Material Safety and Safeguards, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001. 

Telephone: (301) 415–7287; fax number: 

(301) 415–5955; e-mail: rmw2@nrc.gov.

SUPPLEMENTARY INFORMATION: 

I. Introduction 

On September 22, 2004, the Sohio 

Western Mining Company (SWMC) 

transferred ownership of the L-Bar 

uranium mill tailings site near Seboyeta, 

New Mexico, to the DOE, as required by 

10 CFR 40, Appendix A, Criterion 11, 

prior to termination of SWMC’s specific 

license. Subsequently, by letter dated 

October 13, 2004, the DOE submitted 

the final Long-Term Surveillance Plan 

(LTSP) for the L-Bar site for review by 

the U.S. Nuclear Regulatory 

Commission (NRC). Based on the review 

of the LTSP, the NRC has determined 

that the LTSP satisfies the requirements 

in 10 CFR part 40, Appendix A, 

Criterion 12, and § 40.28 for the longterm surveillance of a tailings disposal 

site. Accordingly, notice is hereby given 

that the NRC has accepted the LTSP for 

the L-Bar site. This acceptance 

establishes the DOE as the long-term 

custodian and caretaker of the L-Bar site 

under the general license specified in 10 

CFR 40.28. In a concurrent action, the 

NRC has terminated the SWMC specific 

Source Materials License SUA–1472 for 

the L-Bar site. These actions complete 

all requirements for closure of the L-Bar 

site under the Uranium Mill Tailings 

Radiation Control Act of 1978, as 

amended. These actions do not require 

an environmental assessment as they are 

categorically excluded under 10 CFR 

51.22(c)(11). 

II. Further Information 

The NRC has prepared 

correspondence which documents the 

actions that establish the DOE as the 

long-term custodian of the L-Bar site 

under the general license specified in 10 

CFR 40.28 and terminate the SWMC 

specific Source Materials License SUA–

1472 for the L-Bar site. In accordance 

with 10 CFR 2.390 of the NRC’s ‘‘Rules 

of Practice,’’ copies of this 

correspondence, as well as the L-Bar 

LTSP submitted by DOE letter dated 

October 13, 2004, are available 

electronically at the NRC’s Electronic 

Reading Room at http://www.nrc.gov/

reading-rm/adams.html. From this site, 

you can access the NRC’s Agencywide 

Document Access and Management 

System (ADAMS), which provides text 

and image files of NRC’s public 

documents. The ADAMS accession 

numbers for the documents related to 

this notice are listed below. If you do 

not have access to ADAMS or if there 

are problems in accessing the 

documents located in ADAMS, contact 

the NRC Public Document Room (PDR) 

Reference staff at 1–800–397–4209, 301–

415–4737, or by e-mail to pdr@nrc.gov.

Documents Related to This Notice 

1. Letter dated October 13, 2004, from 

J. Sink, DOE, to G. Janosko, NRC, 

submitting the final LTSP for the L-Bar 

site. ML042920474. 

2. Letter dated October 21, 2004, from 

G. Janosko, NRC, to J. Sink, DOE, 

accepting the final LTSP for the L-Bar 

site. ML043020020. 

3. Letter dated October 21, 2004, from 

G. Janosko, NRC, to J. Trummel, 

Kennecott Energy Company, terminating 

the SWMC specific Source Materials 

License SUA–1472 for the L-Bar site. 

ML043020032. 

These documents may also be viewed 

electronically on the public computers 

located at the NRC’s PDR, O 1 F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, MD 20852. The PDR 

reproduction contractor will copy 

documents for a fee.

Dated in Rockville, Maryland, this 5th day 

of November, 2004.

For the Nuclear Regulatory Commission. 

Gary S. Janosko, 

Chief, Fuel Cycle Facilities Branch, Division 

of Fuel Cycle Safety and Safeguards, Office 

of Nuclear Material Safety and Safeguards.

[FR Doc. 04–25257 Filed 11–12–04; 8:45 am] 

BILLING CODE 7590–01–P

PENSION BENEFIT GUARANTY 

CORPORATION 

Required Interest Rate Assumption for 

Determining Variable-Rate Premium; 

Interest Assumptions for 

Multiemployer Plan Valuations 

Following Mass Withdrawal

AGENCY: Pension Benefit Guaranty 

Corporation.

ACTION: Notice of interest rates and 

assumptions. 

SUMMARY: This notice informs the public 

of the interest rates and assumptions to 

be used under certain Pension Benefit 

Guaranty Corporation regulations. These 

rates and assumptions are published 

elsewhere (or can be derived from rates 

published elsewhere), but are collected 

and published in this notice for the 

convenience of the public. Interest rates 

are also published on the PBGC’s Web 

site (http://wow.pbgc.go).

DATES: The required interest rate for 

determining the variable-rate premium 

under part 4006 applies to premium 

payment years beginning in November 

2004. The interest assumptions for 

performing multiemployer plan 

valuations following mass withdrawal 

under part 4281 apply to valuation dates 

occurring in December 2004.

FOR FURTHER INFORMATION CONTACT:

Harold J. Ashier, 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: 

Variable-Rate Premiums 

Section 4006(a)(3)(E)(iii)(II) of the 

Employee Retirement Income Security 

Act of 1974 (ERISA) and § 4006.4(b)(1) 

of the PBGC’s regulation on Premium 

Rates (29 CFR part 4006) prescribe use 

of an assumed interest rate (the 

‘‘required interest rate’’) in determining 

a single-employer plan’s variable-rate 

premium. Pursuant to the Pension 

Funding Equity Act of 2004, for 

premium payment years beginning in 

2004 or 2005, the required interest rate 

is the ‘‘applicable percentage’’

(currently 85 percent) of the annual rate 

of interest determined by the Secretary 

of the Treasury on amounts invested 

conservatively in long-term investment 

grade corporate bonds for the month 

preceding the beginning of the plan year 

for which premiums are being paid. 

Thus, the required interest rate to be 

used in determining variable-rate 

premiums for premium payment years