2298 Federal Register / Vol. 69, No. 10 / Thursday, January 15, 2004 / Rules and Regulations 

request for comments in the Federal 

Register on November 28, 2003 (68 FR 

66700). The FAA uses the direct final 

rulemaking procedure for a noncontroversial rule where the FAA 

believes that there will be no adverse 

public comment. This direct final rule 

advised the public that no adverse 

comments were anticipated, and that 

unless a written adverse comment, or a 

written notice of intent to submit such 

an adverse comment, were received 

within the comment period, the 

regulation would become effective on 

February 19, 2004. No adverse 

comments were received, and thus this 

notice confirms that this direct final rule 

will become effective on that date.

Issued in Kansas City, MO on January 5, 

2004. 

Elizabeth S. Wallis, 

Acting Manager, Air Traffic Division, Central 

Region.

[FR Doc. 04–918 Filed 1–14–04; 8:45 am] 

BILLING CODE 4910–13–M

DEPARTMENT OF JUSTICE

Office of Justice Programs 

28 CFR Part 91 

[OJP(OJP)–Docket No. 1099F] 

RIN 1121–AA41 

Grants for Correctional Facilities on 

Tribal Lands Program

AGENCY: Office of Justice Programs, 

Justice.

ACTION: Second interim rule with 

request for comments. 

SUMMARY: The Office of Justice Programs 

is issuing this second interim rule to 

update and further clarify what the 

Bureau of Justice Assistance considers 

to be an eligible ‘‘Indian tribe’’ and what 

is considered to be ‘‘construction,’’

under the Grants for Correctional 

Facilities on Tribal Lands Program.

DATES: This rule will become effective 

February 17, 2004. All comments must 

be received by March 15, 2004.

ADDRESSES: Interested persons are 

invited to submit comments regarding 

this rule, by U.S. mail, to Renee Giger, 

Bureau of Justice Assistance, Office of 

Justice Programs, 810 Seventh Street, 

NW., Washington, DC 20531; and by 

electronic mail, to: gigerr@ojp.usdoj.gov.

Communications should refer to the 

above docket number and title.

FOR FURTHER INFORMATION CONTACT:

Phillip Merkle, Senior Policy Advisor, 

Bureau of Justice Assistance, Office of 

Justice Programs, 810 Seventh Street, 

NW., Washington, DC 20531; 

Telephone: (202) 305–2550. (This is not 

a toll-free number.)

SUPPLEMENTARY INFORMATION:

Background 

The Bureau of Justice Assistance 

(BJA) in the Office of Justice Programs 

(OJP) administers several major grant 

programs and provides technical 

assistance to state, local, and tribal 

governments to help them with the 

implementation of the 1994 Crime Act’s 

corrections-related programs. One of 

these programs is the Grants for 

Correctional Facilities on Tribal Lands 

Program. This program provides 

funding for the construction of 

correctional facilities on tribal lands for 

the incarceration of offenders subject to 

tribal jurisdiction. 

Grant funds may not be used for the 

purchase of land or for the costs 

associated with the operation of the 

correctional facility. 

History of This Rulemaking 

On September 24, 1996, OJP 

published an interim rule (at 61 FR 

49969), amending 28 CFR Part 91, 

Subpart C, Grants for Correctional 

Facilities, to implement the Violent 

Offender Incarceration and Truth-InSentencing Grants Program for Indian 

Tribes, as required by section 114 of the 

Fiscal Year 1996 Omnibus Consolidated 

Rescissions and Appropriations Act. 

Section 114 amended the Violent Crime 

Control and Law Enforcement Act of 

1994, 42 U.S.C. 13701 et seq., to 

authorize a reservation of funds for the 

specific purpose of allowing the 

Attorney General to make discretionary 

grants to Indian tribes. 

Since the publication of the 1996 

interim rule, OJP has received requests 

for further clarification of certain terms. 

Accordingly, OJP is now issuing this 

second interim rule, revising Subpart C 

to update and clarify what is an eligible 

‘‘Indian tribe’’ and what is considered 

‘‘construction’’ under this program. 

Regulatory Certifications 

Administrative Procedure Act 5 U.S.C. 

553 

Because this rule makes only 

technical clarifications to a previously 

published interim rule, and imposes no 

new restrictions, the Department of 

Justice finds good cause for exempting 

it from the provision of the 

Administrative Procedure Act (5 U.S.C. 

553) requiring notice of proposed rulemaking, and the 60-day period required 

for public comment. For the same 

reasons, a delay in the effective date of 

these changes would be unnecessary 

and contrary to the public interest.

Executive Order 12866 

This regulation has been written and 

reviewed in accordance with Executive 

Order 12866, Sec. 1(b), Principles of 

Regulation. OJP has determined that this 

rule is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

Sec. 3(f), Regulatory Planning and 

Review, and accordingly this rule has 

not been reviewed by the Office of 

Management and Budget. 

Regulatory Flexibility Act 

OJP, in accordance with the 

Regulatory Flexibility Act (5 U.S.C. 

605(b)), has reviewed this regulation 

and by approving it certifies that this 

regulation will not have a significant 

economic impact upon a substantial 

number of small entities because the 

economic impact is limited to OJP’s 

appropriated funds. 

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 $100,000,000 or more 

in any one year, and it 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 rule is not a major rule as 

defined by Sec. 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 cost 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. 

Paperwork Reduction Act 

No new collection of information 

requirements as defined under the 

Paperwork Reduction Act (44 U.S.C. 

3504(h)) are being added by this 

regulation. 

Environmental Impact 

OJP has evaluated this rule in 

accordance with its procedures for 

ensuring full consideration of the 

potential environmental impacts of 

OJP’s actions, as required by the 

National Environmental Policy Act (42 

Federal Register / Vol. 69, No. 10 / Thursday, January 15, 2004 / Rules and Regulations 2299

U.S.C. § 4321 et seq.) and related 

directives. OJP has concluded that the 

issuance of this rule does not have a 

significant impact on the quality of the 

human environment and, therefore, 

does not require the preparation of an 

Environmental Impact Statement. 

Energy Impact Statement 

OJP has evaluated this rule and has 

determined that it creates no new 

impact on the energy supply or 

distribution.

List of Subjects in 28 CFR Part 91 

Grant programs—Law.

■ Accordingly, for the reasons set forth 

in the preamble, 28 CFR part 91, as 

amended by the interim rule published 

at 61 FR 49969 on September 24, 1996, 

is further amended by this second 

interim rule as follows:

PART 91—GRANTS FOR 

CORRECTIONAL FACILITIES

■ 1. The authority citation for subpart C 

continues to read as follows:

Authority: 42 U.S.C. 13701 et seq., as 

amended by Pub. L. 104–134.

■ 2. Subpart C is amended by revising 

the heading to read as follows:

Subpart C—Correctional Facilities on 

Tribal Lands 

2. Section 91.22 is amended by 

revising paragraphs (d) and (e) to read 

as follows:

§ 91.22 Definitions.

* * * * *

(d) Indian Tribe means an eligible 

Native American tribe as defined by the 

Indian Self Determination Act, 25 U.S.C. 

450b(e). 

(e) Construction means the erection, 

acquisition, renovation, repair, 

remodeling, or expansion of new or 

existing buildings or other physical 

facilities, and the acquisition or 

installation of fixed furnishings and 

equipment. It includes facility planning 

(including environmental impact 

analysis), pre-architectural 

programming, architectural design, 

preservation, construction, 

administration, construction 

management, or project management 

costs. Construction does not include the 

purchase of land.

Deborah J. Daniels, 

Assistant Attorney General, Office of Justice 

Programs.

[FR Doc. 04–281 Filed 1–14–04; 8:45 am] 

BILLING CODE 4410–18–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 February 2004. Interest 

assumptions are also published on the 

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

EFFECTIVE DATE: February 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 February 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 

February 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 February 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 4.10 percent for 

the first 20 years following the valuation 

date and 5.00 percent thereafter. These 

interest assumptions represent a 

decrease (from those in effect for 

January 2004) of 0.10 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 3.25 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 

January 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 February 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. 

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).