65542 Federal Register / Vol. 69, No. 219 / Monday, November 15, 2004 / Rules and Regulations 

that a hearing is held. Failure to include 

such a description and analysis for any 

particular objection shall constitute a 

waiver of the right to a hearing on the 

objection. Three copies of all documents 

are to be submitted and are to be 

identified with the docket number 

found in brackets in the heading of this 

document. Any objections received in 

response to the regulation may be seen 

in the Division of Dockets Management 

(see ADDRESSES) between 9 a.m. and 4 

p.m., Monday through Friday.

VII. References

The following references have been 

placed on display in the Division of 

Dockets Management (see ADDRESSES) 

and may be seen by interested persons 

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

through Friday.

1. FDA memorandum from P. C. DeLeo, 

Division of Petition Review, to C. Johnston, 

Division of Petition Review, April 21, 2004.

2. FDA memorandum from D. E. Folmer, 

Division of Petition Review, to C. Johnston, 

Division of Petition Review, April 20, 2004.

3. FDA memorandum from D. E. Folmer, 

Division of Petition Review, to C. Johnston, 

Division of Petition Review, July 29, 2004.

List of Subjects in 21 CFR Part 180

Food additives.

■ Therefore, under the Federal Food, 

Drug, and Cosmetic Act and under 

authority delegated to the Commissioner 

of Food and Drugs and redelegated to the 

Director, Center for Food Safety and 

Applied Nutrition, 21 CFR part 180 is 

amended as follows:

PART 180—FOOD ADDITIVES 

PERMITTED IN FOOD ON AN INTERIM 

BASIS OR IN CONTACT WITH FOOD 

PENDING ADDITIONAL STUDY

■ 1. The authority citation for 21 CFR 

part 180 continues to read as follows:

Authority: 21 U.S.C. 321, 342, 343, 348, 

371; 42 U.S.C. 241.

■ 2. Section 180.25 is amended by 

adding paragraph (a)(3) to read as 

follows:

§ 180.25 Mannitol.

(a) * * *

(3) A pure culture fermentation of 

sugars such as fructose, glucose, or 

maltose using the nonpathogenic, 

nontoxicogenic bacterium Lactobacillus 

intermedius (fermentum).

* * * * *

Dated: October 27, 2004.

Leslye M. Fraser,

Director, Office of Regulations and Policy, 

Center for Food Safety and Applied Nutrition.

[FR Doc. 04–25243 Filed 11–12–04; 8:45 am]

BILLING CODE 4160–01–S

DEPARTMENT OF JUSTICE

28 CFR Part 0

[AG Order No. 2738–2004] 

Delegations of Authority; Federal 

Bureau of Investigation

AGENCY: Department of Justice.

ACTION: Final rule.

SUMMARY: Recent consultations between 

criminal law enforcement investigative 

agencies and the Department of Justice 

have suggested the need to simplify and 

clarify the delegations of authority to 

the Federal Bureau of Investigation to 

investigate any criminal violations of 

law in certain foreign 

counterintelligence areas. This final rule 

changes the language of the delegations 

of authority to eliminate confusion 

about the scope of the delegation.

EFFECTIVE DATE: November 15, 2004.

FOR FURTHER INFORMATION CONTACT:

Bruce C. Swartz, Deputy Assistant 

Attorney General, Criminal Division, 

United States Department of Justice, 

Washington, DC 20530 (202) 514–2333 

(this is not a toll-free number).

SUPPLEMENTARY INFORMATION: The 

Attorney General has authority to 

investigate any violation of the criminal 

laws of the United States. 28 U.S.C. 533. 

As a general proposition, the Attorney 

General has delegated general 

investigative authority to the Federal 

Bureau of Investigation. 28 CFR 0.85(a). 

Recent consultations among 

investigative agencies have indicated 

that confusion has been created by the 

use of limiting language in the formal 

delegations of authority within the 

Department. The limitation of the 

Federal Bureau of Investigation’s 

authority to the extent that investigative 

authority is assigned elsewhere was not 

intended as other than an internal 

management tool. The Department has 

determined that the limitation should be 

stated more clearly and applicable only 

when statute or other authority, such as 

an Executive Order or Attorney General 

delegation, assigns investigative 

authority exclusively to another agency 

or component. Accordingly, this final 

rule amends the language in 28 CFR part 

0. 

Administrative Procedure Act 

This rule relates to matters of agency 

management and personnel and, 

therefore, is exempt from the usual 

requirements of prior notice and 

comment and a 30-day delay in effective 

date. See 5 U.S.C. 553(a)(2) and (d). The 

rule only alters an internal delegation to 

the Federal Bureau of Investigation. 

Regulatory Flexibility Act 

The Attorney General, in accordance 

with the Regulatory Flexibility Act, 5 

U.S.C. 605(b), has reviewed this rule 

and, by approving it, certifies that it will 

not have a significant economic impact 

on a substantial number of small entities 

because it pertains to personnel and 

administrative matters affecting the 

Department. Further, a Regulatory 

Flexibility Analysis is not required for 

this final rule because the Department 

was not required to publish a general 

notice of proposed rulemaking for this 

matter. 

Executive Order 12866

This rule has been drafted and 

reviewed in accordance with Executive 

Order 12866, Regulatory Planning and 

Review, section 1(b), Principles of 

Regulation. This rule is limited to 

agency organization, management and 

personnel matters as described by 

Executive Order 12866, § 3(d)(3) and, 

therefore, is not a ‘‘regulation’’ or ‘‘rule’’

as defined by that Executive Order. 

Executive Order 12988

This regulation 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 rule will not have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with Executive Order 13132, 

Federalism, the Department has 

determined that this rule does not have 

sufficient federalism implications to 

warrant the preparation of a federalism 

summary impact statement. 

Unfunded Mandates Reform Act of 

1995

This rule will not result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions are 

necessary under the provisions of the 

Unfunded Mandates Reform Act of 

1995, 2 U.S.C. 1501 et seq.

Small Business Regulatory Enforcement 

Fairness Act of 1996

This rule is not a major rule as 

defined by section 251 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (SBREFA), 5 U.S.C. 

804. This rule will not result in an 

Federal Register / Vol. 69, No. 219 / Monday, November 15, 2004 / Rules and Regulations 65543

annual effect on the economy of $100 

million or more, a major increase in 

costs or prices, or significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of United States-based 

enterprises to compete with foreignbased enterprises in domestic and 

export markets. 

This action pertains to agency 

management, personnel, and 

organization and does not substantially 

affect the rights or obligations of nonagency parties. Accordingly, it is not a 

rule for purposes of the reporting 

requirement of 5 U.S.C. 801. 

Congressional Review Act 

This action pertains to agency 

management, personnel and 

organization and does not substantially 

affect the rights or obligations of nonagency parties and, accordingly, is not 

a ‘‘rule’’ as that term is used by the 

Congressional Review Act (Subtitle E of 

the Small Business Regulatory 

Enforcment Fairness Act of 1996 

(SBREFA)). Therefore, the reporting 

requirement of 5 U.S.C. 801 does not 

apply.

List of Subjects in 28 CFR Part 0

Authority delegations (Government 

agencies), Government employees, 

Organization and functions 

(Government agencies), Whistleblowing.

■ Accordingly, chapter 1 of title 28 of the 

Code of Federal Regulations is amended 

as follows:

PART 0—ORGANIZATION OF THE 

DEPARTMENT OF JUSTICE

■ 1. The authority citation for part 0 

continues to read as follows:

Authority: 5 U.S.C. 301; 28 U.S.C. 509, 

510, 515–519.

■ 2. In § 0.85, paragraph (a) is amended 

by removing ‘‘specifically’’ and adding 

in its place ‘‘exclusively,’’ and paragraph 

(d) is revised to read as follows:

§ 0.85 General functions.

* * * * *

(d) Carry out the Presidential directive 

of September 6, 1939, as reaffirmed by 

Presidential directives of January 8, 

1943, July 24, 1950, and December 15, 

1953, designating the Federal Bureau of 

Investigation to take charge of 

investigative work in matters relating to 

espionage, sabotage, subversive 

activities, and related matters, including 

investigating any potential violations of 

the Arms Export Control Act, the Export 

Administration Act, the Trading with 

the Enemy Act, or the International 

Emergency Economic Powers Act, 

relating to any foreign 

counterintelligence matter.

* * * * *

Dated: November 5, 2004. 

John Ashcroft, 

Atorney General.

[FR Doc. 04–25252 Filed 11–12–04; 8:45 am] 

BILLING CODE 4410–02–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 December 2004. Interest 

assumptions are also published on the 

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

EFFECTIVE DATES: December 1, 2004.

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 2004, 

(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 2004, 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 2004.

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 3.80 

percent for the first 20 years following 

the valuation date and 5.00 percent 

thereafter. These interest assumptions 

are unchanged from those in effect for 

November 2004. 

The interest assumptions that the 

PBGC will use for its own lump-sum 

payments (set forth in Appendix B to 

part 4022) will be 2.75 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 are 

unchanged from those in effect for 

November 2004. 

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 December 2004, 

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.