This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

69805

Vol. 69, No. 230

Wednesday, December 1, 2004

OFFICE OF PERSONNEL 

MANAGEMENT 

5 CFR Parts 841, 842, and 843

RIN 3206–AK57

Federal Employees’ Retirement 

System; Death Benefits and Employee 

Refunds

AGENCY: Office of Personnel 

Management.

ACTION: Interim rule.

SUMMARY: The Office of Personnel 

Management (OPM) is issuing an 

interim rule to revise the table of 

reduction factors for early commencing 

dates of survivor annuities for spouses 

of separated employees who die before 

the date on which they would be 

eligible for unreduced deferred 

annuities, and to revise the annuity 

factor for spouses of deceased 

employees who die in service when 

those spouses elect to receive the basic 

employee death benefit in 36 

installments under the Federal 

Employees’ Retirement System (FERS) 

Act of 1986. These rules are necessary 

to conform the tables to the previously 

published economic assumptions 

adopted by the Board of Actuaries.

DATES: This interim rule is effective 

October 1, 2004. We must receive your 

comments by January 3, 2005.

ADDRESSES: You may submit comments, 

identified by RIN number 3206–AK57, 

by any of the following methods: 

• Federal eRulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: combox@opm.gov. Include 

RIN number 3206–AK57 in the subject 

line of the message. 

• Mail: Mary Ellen Wilson, Chief, 

Retirement Group, Office of Personnel 

Management, 1900 E Street NW., 

Washington, DC 20415–3200.

FOR FURTHER INFORMATION CONTACT:

Patrick Jennings, (202) 606–0299.

SUPPLEMENTARY INFORMATION: On 

September 24, 2003, OPM published a 

notice in the Federal Register at 68 FR 

55296 to revise the normal cost 

percentage under the Federal 

Employees’ Retirement System (FERS) 

Act of 1986, Public Law 99–335, 100 

Stat. 514, based on changed economic 

assumptions and demographic factors 

adopted by the Board of Actuaries of the 

Civil Service Retirement System. Those 

changed economic assumptions 

(principally the change in expected 

investment return from 6.75 percent to 

6.25 percent) require corresponding 

changes in factors used to produce 

actuarially equivalent benefits when 

required by the FERS Act.

Section 843.309 of title 5, Code of 

Federal Regulations, regulates the 

payment of the basic employee death 

benefit. Under 5 U.S.C. 8442(b), the 

basic employee death benefit may be 

paid as a lump sum or as an equivalent 

benefit in 36 installments. These rules 

amend 5 CFR 843.309(b)(2) to conform 

the factor used to convert the lump sum 

to 36-installment payments with the 

revised economic assumptions. 

Section 843.311 of title 5, Code of 

Federal Regulations, regulates the 

benefits for the survivors of separated 

employees under 5 U.S.C. 8442(c). This 

section provides a choice of benefits for 

eligible current and former spouses. If 

the current or former spouse is the 

person entitled to the unexpended 

balance under the order of precedence 

under 5 U.S.C. 8424, he or she may elect 

to receive the unexpended balance 

instead of an annuity. Alternatively, an 

eligible current or former spouse may 

elect to receive an annuity commencing 

on the day after the employee’s death or 

on the deceased separated employee’s 

62nd birthday. If the annuity 

commences on the deceased separated 

employee’s 62nd birthday, it equals 50 

percent of the annuity that the separated 

employee would have received when he 

or she attained age 62. If the current or 

former spouse elects the earlier 

commencing date, the annuity is 

reduced using the factors in Appendix 

A to subpart C of part 843 to make the 

annuity actuarially equivalent to the 

annuity that he or she would have 

received if it commenced on the 

retiree’s 62nd birthday. These rules 

amend that appendix to conform with 

the revised economic assumptions. 

We are removing the table of normal 

cost percentages in Appendix A to 

subpart D of part 841 because it has no 

regulatory effect. Updated normal cost 

rates are published by OPM through a 

notice in the Federal Register. The table 

in Appendix A merely provides 

information about the historic rates that 

have already been published through 

Federal Register notices and is no 

longer required in the regulation. 

We are removing the table of the 

National Average Wage Index in 

Appendix B to subpart C of part 843, 

and we are amending 5 CFR 842.504 

and 843.308 to delete references to 

Appendix B. Since the Social Security 

Administration publishes a notice of the 

National Average Wage Index annually 

in the Federal Register, we are 

removing this information from the 

regulations. The National Average Wage 

Index is used in 5 CFR 842.504, to 

determine supplementary benefits 

payable to a retiree, and in 5 CFR 

843.308, to determine supplementary 

benefits payable on the death of a 

retiree. Since Appendix B is removed, 

we are amending sections 842.504 and 

843.308 to refer to the National Average 

Wage Index. 

Waiver of General Notice of Proposed 

Rulemaking 

Under section 553(b)(3)(B) and (d)(3) 

of title 5, United States Code, I find that 

good reason exists for waiving the 

general notice of proposed rulemaking 

and for making these amendments 

effective in less than 30 days. The 

amendments made by this rule are 

required by changes in economic 

assumptions that have already been 

published. Providing a comment period 

on the result of mathematical 

computations resulting from the 

changed economic assumptions is 

unnecessary, and to the extent that it 

would delay benefit payments is 

contrary to the public interest. 

Executive Order 12866, Regulatory 

Review 

This rule has been reviewed by the 

Office of Management and Budget in 

accordance with Executive Order 12866. 

Regulatory Flexibility Act 

I certify that this regulation will not 

have a significant economic impact on 

a substantial number of small entities 

because the regulation will only affect 

retirement payments to retired

69806 Federal Register / Vol. 69, No. 230 / Wednesday, December 1, 2004 / Rules and Regulations 

employees, spouses, and former 

spouses.

List of Subjects in 5 CFR Parts 841, 842 

and 843

Administrative practice and 

procedure, Air traffic controllers, 

Alimony, Claims, Disability benefits, 

Firefighters, Government employees, 

Income taxes, Intergovernmental 

relations, Law enforcement officers, 

Pensions, Retirement.

Kay Coles James, 

Director.

■ For the reasons stated in the preamble, 

the Office of Personnel Management 

amends 5 CFR parts 841, 842 and 843 as 

follows:

PART 841—FEDERAL EMPLOYEES 

RETIREMENT SYSTEM—GENERAL 

ADMINISTRATION

■ 1. The authority citation for part 841 

continues to read as follows:

Authority: 5 U.S.C. 8461; Sec. 841.108 also 

issued under 5 U.S.C. 552a; subpart D also 

issued under 5 U.S.C. 8423; Sec. 841.504 also 

issued under 5 U.S.C. 8422; Sec. 841.507 also 

issued under section 505 of Pub. L. 99–335; 

subpart J also issued under 5 U.S.C. 8469; 

Sec. 841.506 also issued under 5 U.S.C. 

7701(b)(2); Sec. 841.508 also issued under 

section 505 of Pub. L. 99–335; Sec. 841.604 

also issued under Title II, Pub. L. 106–265, 

114 Stat. 780.

Subpart D—Government Costs

■ 2. Remove Appendix A to subpart D of 

part 841.

PART 842—FEDERAL EMPLOYEES 

RETIREMENT SYSTEM—BASIC 

ANNUITY

■ 3. The authority citation for part 842 is 

revised to read as follows:

Authority: 5 U.S.C. 8461(g); Secs. 842.104 

and 842.106 also issued under 5 U.S.C. 

8461(n); Sec. 842.104 also issued under 

sections 3 and 7(c) of Pub. L. 105–274, 112 

Stat. 2419; Sec. 842.105 also issued under 5 

U.S.C. 8402(c)(1) and 7701(b)(2); Sec. 

842.106 also issued under section 102(e) of 

Pub. L. 104–8, 109 Stat. 102, as amended by 

section 153 of Pub. L. 104–134, 110 Stat. 

1321–102; Sec. 842.107 also issued under 

sections 11202(f), 11232(e), and 11246(b) of 

Pub. L. 105–33, 111 Stat. 251, and section 

7(b) of Pub. L. 105–274, 112 Stat. 2419; Sec. 

842.108 also issued under section 7(e) of Pub. 

L. 105–274, 112 Stat. 2419; Sec. 842.213 also 

issued under 5 U.S.C. 8414(b)(1)(B) and 

section 1313(b)(5) of Pub. L. 107–296, 116 

Stat. 2135; Secs. 842.604 and 842.611 also 

issued under 5 U.S.C. 8417; Sec. 842.607 also 

issued under 5 U.S.C. 8416 and 8417; Sec. 

842.614 also issued under 5 U.S.C. 8419; Sec. 

842.615 also issued under 5 U.S.C. 8418; Sec. 

842.703 also issued under section 7001(a)(4) 

of Pub. L. 101–508, 104 Stat. 1388; Sec. 

842.707 also issued under section 6001 of 

Pub. L. 100–203, 101 Stat. 1300; Sec. 842.708 

also issued under section 4005 of Pub. L. 

101–239, 103 Stat. 2106 and section 7001 of 

Pub. L. 101–508, 104 Stat. 1388; subpart H 

also issued under 5 U.S.C. 1104; Sec. 842.810 

also issued under section 636 of Appendix C 

to Pub. L. 106–554 at 114 Stat. 2763A–164.

Subpart E—Annuity Supplement

■ 4. In § 842.504, revise paragraph 

(b)(2)(iv)(A) and paragraph 

(b)(2)(iv)(B)(2) to read as follows:

§ 842.504 Amount of annuity supplement.

* * * * *

(b) * * *

(2) * * *

(iv) * * *

(A) The National Average Wage Index 

(as determined by the Commissioner of 

the Social Security Administration) 

corresponding to that year, multiplied 

by 

(B) * * *

(2) The denominator of which is the 

National Average Wage Index (as 

determined by the Commissioner of the 

Social Security Administration) 

corresponding to the retiree’s first full 

year of service creditable under FERS.

PART 843—FEDERAL EMPLOYEES 

RETIREMENT SYSTEM—DEATH 

BENEFITS AND EMPLOYEE REFUNDS

■ 5. The authority citation for part 843 

continues to read as follows:

Authority: 5 U.S.C. 8461; §§ 843.205, 

843.208, and 843.209 also issued under 5 

U.S.C. 8424; § 843.309 also issued under 5 

U.S.C. 8442; § 843.406 also issued under 5 

U.S.C. 8441.

Subpart C—Current and Former 

Spouse Benefits

■ 6. In §843.308, revise paragraph 

(b)(2)(iii)(B) to read as follows:§843.308 

Supplementary benefits on death of a 

retiree.

* * * * *

(b) * * *

(2) * * *

(iii) * * *

(B) For each year after age 21 for 

which the retiree did not work under 

FERS, the retiree’s wages are deemed to 

equal the National Average Wage Index 

(as determined by the Commissioner of 

the Social Security Administration) 

corresponding to that year, multiplied 

by the retiree’s basic pay for his or her 

first full year of employment under 

FERS, divided by the National Average 

Wage Index corresponding to the 

retiree’s first full year of employment 

under FERS.

* * * * *

■ 7. In §843.309, revise paragraph (b)(2) 

to read as follows:

§ 843.309 Basic employee death benefit.

* * * * *

(b) * * *

(2) For deaths occurring on or after 

October 1, 2004, 36 equal monthly 

installments of 3.03771 percent of the 

amount of the basic employee death 

benefit.

* * * * *

■ 8. Revise Appendix A to subpart C of 

part 843 to read as follows: 

Appendix A to Subpart C of Part 843—

Present Value Conversion Factors for 

Earlier Commencing Date of Annuities 

of Current and Former Spouses of 

Deceased Separated Employees

With at least 10, but less than 20 years of 

creditable service—

Age of separated employee at 

birthday before death Multiplier 

26 .............................................. 0.0600

27 .............................................. .0640

28 .............................................. .0696

29 .............................................. .0738

30 .............................................. .0810

31 .............................................. .0865

32 .............................................. .0925

33 .............................................. .0995

34 .............................................. .1067

35 .............................................. .1155

36 .............................................. .1238

37 .............................................. .1334

38 .............................................. .1426

39 .............................................. .1551

40 .............................................. .1667

41 .............................................. .1800

42 .............................................. .1940

43 .............................................. .2097

44 .............................................. .2260

45 .............................................. .2437

46 .............................................. .2634

47 .............................................. .2855

48 .............................................. .3082

49 .............................................. .3343

50 .............................................. .3615

51 .............................................. .3922

52 .............................................. .4251

53 .............................................. .4616

54 .............................................. .5018

55 .............................................. .5455

56 .............................................. .5936

57 .............................................. .6452

58 .............................................. .7033

59 .............................................. .7669

60 .............................................. .8369

61 .............................................. .9144

With at least 20, but less than 30 years of 

creditable service—

Age of separated employee at 

birthday before death Multiplier 

36 .............................................. 0.1489

37 .............................................. .1601

38 .............................................. .1714

39 .............................................. .1858

40 .............................................. .2001

Federal Register / Vol. 69, No. 230 / Wednesday, December 1, 2004 / Rules and Regulations 69807

Age of separated employee at 

birthday before death Multiplier 

41 .............................................. .2161

42 .............................................. .2328

43 .............................................. .2516

44 .............................................. .2709

45 .............................................. .2922

46 .............................................. .3159

47 .............................................. .3423

48 .............................................. .3695

Age of separated employee at 

birthday before death Multiplier 

49 .............................................. .4005

50 .............................................. .4332

51 .............................................. .4698

52 .............................................. .5090

53 .............................................. .5527

54 .............................................. .6005

55 .............................................. .6526

56 .............................................. .7098

Age of separated employee at 

birthday before death Multiplier 

57 .............................................. .7717

58 .............................................. .8407

59 .............................................. .9165

With at least 30 years of creditable 

service—

Age of separated employee at birthday before death 

Multiplier by separated employee’s year of birth 

After 1966 From 1950 

through 1966 Before 1950

46 ................................................................................................................................................. 0.4110 0.4477 0.4872

47 ................................................................................................................................................. .4449 .4844 .5270

48 ................................................................................................................................................. .4805 .5231 .5691

49 ................................................................................................................................................. .5204 .5666 .6162

50 ................................................................................................................................................. .5630 .6130 .6667

51 ................................................................................................................................................. .6101 .6641 .7221

52 ................................................................................................................................................. .6609 .7194 .7822

53 ................................................................................................................................................. .7172 .7805 .8486

54 ................................................................................................................................................. .7787 .8472 .9209

55 ................................................................................................................................................. .8458 .9202 1.0000

56 ................................................................................................................................................. .9194 1.0000 1.0000

■ 9. Remove Appendix B to subpart C of 

part 843.

[FR Doc. 04–26440 Filed 11–30–04; 8:45 am] 

BILLING CODE 6325–38–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39

[Docket No. 2004–NE–10–AD; Amendment 

39–13885; AD 2004–24–09] 

RIN 2120–AA64

Airworthiness Directives; Rolls-Royce 

Corporation (Formerly Allison Engine 

Company, Allison Gas Turbine 

Division, and Detroit Diesel Allison) 

(RRC) 250–B and 250–C Series 

Turboshaft and Turboprop Engines

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

RRC 250–B and 250–C series turboshaft 

and turboprop engines. This AD 

requires a onetime inspection of the fuel 

nozzle screen for contamination, and if 

contamination is found, inspection and 

cleaning of the entire aircraft fuel 

system before further flight. This AD 

also requires replacing the fuel nozzle 

with a new design fuel nozzle, at the 

next fuel nozzle overhaul or by June 30, 

2006, whichever occurs first. This AD 

results from 10 reports of engine power 

loss with accompanying collapse of the 

fuel nozzle screen, due to fuel 

contamination. We are issuing this AD 

to minimize the risk of sudden loss of 

engine power and uncommanded 

shutdown of the engine due to fuel 

contamination and collapse of the 

screen in the fuel nozzle.

DATES: This AD becomes effective 

January 5, 2005.

ADDRESSES: You can get the service 

information identified in this proposed 

AD from Rolls-Royce Corporation, P.O. 

Box 420, Indianapolis, IN 46206–0420; 

telephone (317) 230–6400; fax (317) 

230–4243. 

You may examine the AD docket, by 

appointment, at the FAA, New England 

Region, Office of the Regional Counsel, 

12 New England Executive Park, 

Burlington, MA.

FOR FURTHER INFORMATION CONTACT: John 

Tallarovic, Aerospace Engineer, Chicago 

Aircraft Certification Office, FAA, 2300 

East Devon Avenue, Des Plaines, IL 

60018–4696; telephone (847) 294–8180; 

fax (847) 294–7834.

SUPPLEMENTARY INFORMATION: The FAA 

proposed to amend 14 CFR part 39 with 

a proposed airworthiness directive (AD). 

The proposed AD applies to certain RRC 

250–B and 250–C series turboshaft and 

turboprop engines. We published the 

proposed AD in the Federal Register on 

May 7, 2004 (69 FR 25501). That action 

proposed to require: 

• A onetime inspection of the fuel 

nozzle screen for contamination, within 

150 operating hours after the effective 

date of the proposed AD; and 

• Inspection and cleaning of the 

entire aircraft fuel system before further 

flight, if contamination is found; and 

• Replacement of the fuel nozzle with 

a serviceable (new design) fuel nozzle, 

at the next fuel nozzle overhaul or by 

June 30, 2006, whichever occurs first. 

Examining the AD Docket 

You may examine the AD Docket 

(including any comments and service 

information), by appointment, between 

8 a.m. and 4:30 p.m., Monday through 

Friday, except Federal holidays. See 

ADDRESSES for the location. 

Comments 

We provided the public the 

opportunity to participate in the 

development of this AD. We have 

considered the comments received. 

Request To Add Sikorsky Model S–76A 

Helicopter to the Applicability 

One commenter asks us to add the 

Sikorsky Model S–76A helicopter to the 

Applicability. The commenter states 

that the S–76A helicopter uses RRC 

model 250–C30 and 250–C30S engines. 

We agree. Although this AD is 

applicable to the RRC model 250–C30 

and 250–C30S engines, we list airframes 

that might use the engines as an aid to 

the operators. We added the Sikorsky 

model S–76A helicopters to the ‘‘used 

on but not limited to’’ sentence in 

paragraph (c) of the final rule. 

Request To Expand the Discussion 

Section of the Preamble 

One commenter asks us to expand the 

background information in the