Federal Register / Vol. 72, No. 50 / Thursday, March 15, 2007 / Rules and Regulations 12085 

If you . . . And you opt to conduct your own Alcohol Misuse Prevention Program, you must . . . 

b. Are a contractor ............................................. i. Register with the FAA, Office of Aerospace Medicine, Drug Abatement Division (AAM–800), 

800 Independence Avenue, SW., Washington, DC 20591, 

ii. Implement an FAA Alcohol Misuse Prevention Program no later than the date you start performing safety-sensitive functions for a part 119 certificate holder with authority to operate 

under parts 121 and/or 135, or operator as defined in § 91.147 of this chapter, and 

iii. Meet the requirements of this appendix as if you were an employer. 

D. 1. * * * 

e. Whether you have 50 or more covered 

employees, or 49 or fewer covered 

employees. (Part 119 certificate holders with 

authority to operate only under part 121 are 

not required to provide this information.) 

* * * * * 

E. 1. * * * 

f. A signed statement indicating that: Your 

company will comply with this appendix, 

appendix I of this part, and 49 CFR part 40; 

and, if you are a contractor, you intend to 

provide safety-sensitive functions by contract 

to a part 119 certificate holder with authority 

to operate under part 121 and/or 135, an 

operator as defined by § 91.147 of this 

chapter, or an air traffic control facility not 

operated by the FAA or by or under contract 

to the U.S. Military. 

2. Send this information in the form and 

manner prescribed by the Administrator, in 

duplicate to the appropriate address below: 

a. For § 91.147 operators: The Flight 

Standards District Office nearest to your 

principal place of business. 

b. For all others: The Federal Aviation 

Administration, Office of Aerospace 

Medicine, Drug Abatement Division (AAM–

800), 800 Independence Avenue, SW., 

Washington, DC 20591. 

3. Update the registration information as 

changes occur. Send the updates in duplicate 

to the address specified in paragraph 2. 

* * * * * 

Issued in Washington, DC, on March 7, 

2007. 

Rebecca B. MacPherson, 

Assistant Chief Counsel for Regulations. 

[FR Doc. E7–4583 Filed 3–14–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF JUSTICE 

Bureau of Prisons 

28 CFR Part 552 

[BOP–1107–F] 

RIN 1120–AB06 

Suicide Prevention Program 

AGENCY: Bureau of Prisons, Justice. 

ACTION: Final rule. 

SUMMARY: In this document, the Bureau 

of Prisons (Bureau) revises its 

regulations on the suicide prevention 

program for clarity and to remove 

agency management procedures which 

do not need to be stated in regulations. 

We intend the revised regulations to 

provide for the health and safety of 

inmates. 

DATES: March 15, 2007. 

ADDRESSES: Rules Unit, Office of 

General Counsel, Bureau of Prisons, 

HOLC Room 977, 320 First Street, NW., 

Washington, DC 20534. 

FOR FURTHER INFORMATION CONTACT: 

Sarah Qureshi, Office of General 

Counsel, Bureau of Prisons, phone (202) 

207–2105. 

SUPPLEMENTARY INFORMATION: The 

Bureau is revising its regulations on the 

suicide prevention program (28 CFR 

part 552, subpart E). We published a 

proposed rule on November 13, 2000 

(65 FR 67670). We received one 

comment. 

What change is the Bureau making? 

We are revising the regulations 

generally for clarity and to remove 

procedures relating to agency 

management. The revised regulations 

more clearly describe for the inmate 

how we identify and protect inmates at 

risk for suicide. 

Procedures relating to agency 

management are exempt from the 

rulemaking provisions of the 

Administrative Procedure Act (5 U.S.C. 

553). Removing these procedures from 

the regulations allows us to speak more 

directly to inmates. 

Revised § 552.40 more precisely states 

the purpose of our suicide prevention 

program and summarizes how we place 

inmates in and remove them from the 

program. Former §§ 552.41 through 

552.43 are combined in a new § 552.41 

which details the specific procedures 

we use to identify, refer, assess, and 

treat potentially suicidal inmates. 

We combined provisions for the 

conditions of a suicide watch in former 

§§ 552.44, 552.46, and 552.48 in the 

new § 552.42. The revised regulations 

are more objective based. For example, 

the revised regulations require that 

rooms designated for housing an inmate 

on suicide watch must allow staff to 

maintain adequate control of the inmate 

without compromising the ability to 

observe and protect the inmate. 

Previously, the regulations relied 

upon a more prescriptive approach of 

describing the location of the room 

(‘‘* * * a non-administrative detention/ 

segregation cell ordinarily in the health 

services area’’). This prescriptive 

approach does not take into account 

recent developments in correctional 

facility design and construction, and has 

become unnecessarily restrictive. 

Former §§ 552.45 and 552.49 

addressed agency management 

procedures, and former § 552.47 affirms 

that a previously imposed sanction 

remains in effect for an inmate when 

that inmate is removed from a suicide 

watch. Because our regulations on 

inmate discipline sufficiently support 

that statement, we removed these three 

sections. 

Response to Comment 

We received one comment on our 

proposed rulemaking. The commenter 

had three main areas of concern, which 

we address below: 

Section 552.40: The commenter stated 

that ‘‘there should be a brief explanation 

of what a suicide watch is’’ in the rules. 

We present just such a brief 

explanation of ‘‘suicide watch’’ in 

§ 552.42. In this section, we explain in 

detail the housing arrangements and 

conditions under which the suicidal 

inmate is constantly observed. 

Therefore, it is not necessary to define 

the term suicide watch in § 552.40. 

Section 552.41: The commenter 

recommended the use of a ‘‘buddy 

system’’ to prevent suicide, suggesting 

that highly-regarded inmates might be 

chosen to ‘‘look after’’ or ‘‘befriend’’ the 

suicidal inmate. The commenter also 

suggested that we have a ‘‘small team 

working together’’ so that the suicidal 

inmate would ‘‘get to know and 

associate and even depend on that 

team.’’

Each new inmate who enters a Bureau 

facility receives written material and an 

orientation that explains what to expect 

and how to get help from staff. 

Additionally, all new inmates receive a 

confidential medical and mental health 

screening by a medical professional to 

identify those who need assistance or 

have the potential for becoming 

suicidal. These inmates are immediately 

referred to a mental health professional 

for individual assessment and 

appropriate treatment. Therefore, an 


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12086 Federal Register / Vol. 72, No. 50 / Thursday, March 15, 2007 / Rules and Regulations 

inmate ‘‘Buddy System’’ is not 

necessary. 

Section 552.42: Finally, the 

commenter stated that the ‘‘Warden 

should not have so much power.’’

Particularly, the commenter referred to 

§ 552.42(b)(2), which states that ‘‘[o]nly 

the Warden may authorize the use of 

inmate observers.’’ The commenter 

suggests that inmates instead go through 

training to become suicide watch 

observers. 

In fact, the commenter’s suggestion is 

our current practice. The Suicide 

Prevention Program Coordinator selects, 

trains, and evaluates inmate observers. 

A great responsibility rests with those 

assigned to observe the inmate and 

immediately report any attempt to do 

self-harm. 

For that reason, the decision to use 

Bureau staff or inmates is a critical 

decision which the Warden must make 

after input from the Suicide Prevention 

Program Coordinator. Elevating this 

decision to the Warden level ensures 

that all staff understand the importance 

of properly observing the inmate and 

providing appropriate care. 

For the reasons stated above, we do 

not change the final rule in light of the 

comment we received. 

Executive Order 12866 

This regulation has been drafted and 

reviewed in accordance with Executive 

Order 12866, ‘‘Regulatory Planning and 

Review’’, section 1(b), Principles of 

Regulation. The Director, Bureau of 

Prisons has determined that this rule is 

not a ‘‘significant regulatory action’’

under Executive Order 12866, section 

3(f), and accordingly this rule has not 

been reviewed by the Office of 

Management and Budget. 

Executive Order 13132 

This regulation will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, under 

Executive Order 13132, we determine 

that this rule does not have sufficient 

federalism implications to warrant the 

preparation of a federalism assessment. 

Regulatory Flexibility Act 

The Director of the Bureau of Prisons, 

under the Regulatory Flexibility Act (5 

U.S.C. 605(b)), reviewed this regulation 

and by approving it certifies that it will 

not have a significant economic impact 

upon a substantial number of small 

entities for the following reasons: This 

rule pertains to the correctional 

management of offenders committed to 

the custody of the Attorney General or 

the Director of the Bureau of Prisons, 

and its economic impact is limited to 

the Bureau’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 § 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 costs 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. 

List of Subjects in 28 CFR Part 552 

Prisoners. 

Harley G. Lappin, 

Director, Bureau of Prisons. 

■ Under the rulemaking authority 

vested in the Attorney General in 5 

U.S.C. 552(a) and delegated to the 

Director, Bureau of Prisons, we amend 

28 CFR part 552, chapter V, subchapter 

C, as follows. 

SUBCHAPTER C—INSTITUTIONAL 

MANAGEMENT 

PART 552—CUSTODY 

■ 1. Revise the authority citation for 28 

CFR part 552 to read as follows: 

Authority: 5 U.S.C. 301; 18 U.S.C. 3621, 

3622, 3624, 4001, 4042, 4081, 4082 (Repealed 

in part as to offenses committed on or after 

November 1, 1987), 5006–5024 (Repealed 

October 12, 1984, as to offenses committed 

after that date), 5039; 28 U.S.C. 509, 510. 

■ 2. Revise subpart E to read as follows: 

Subpart E—Suicide Prevention Program 

Sec. 

552.40 Purpose and scope. 

552.41 Program procedures. 

552.42 Suicide watch conditions. 

Subpart E—Suicide Prevention 

Program 

§ 552.40 Purpose and scope. 

The Bureau of Prisons (Bureau) 

operates a suicide prevention program 

to assist staff in identifying and 

managing potentially suicidal inmates. 

When staff identify an inmate as being 

at risk for suicide, staff will place the 

inmate on suicide watch. Based upon 

clinical findings, staff will either 

terminate the suicide watch when the 

inmate is no longer at imminent risk for 

suicide or arrange for the inmate’s 

transfer to a medical referral center or 

contract health care facility. 

§ 552.41 Program procedures. 

(a) Program Coordinator. Each 

institution must have a Program 

Coordinator for the institution’s suicide 

prevention program. 

(b) Training. The Program Coordinator 

is responsible for ensuring that 

appropriate training is available to staff 

and to inmates selected as inmate 

observers. 

(c) Identification of at risk inmates. (1) 

Medical staff are to screen a newly 

admitted inmate for signs that the 

inmate is at risk for suicide. Ordinarily, 

this screening is to take place within 

twenty-four hours of the inmate’s 

admission to the institution. 

(2) Staff (whether medical or nonmedical) may make an identification at 

any time based upon the inmate’s 

observed behavior. 

(d) Referral. Staff who identify an 

inmate to be at risk for suicide will have 

the inmate placed on suicide watch. 

(e) Assessment. A psychologist will 

clinically assess each inmate placed on 

suicide watch. 

(f) Intervention. Upon completion of 

the clinical assessment, the Program 

Coordinator or designee will determine 

the appropriate intervention that best 

meets the needs of the inmate. 

§ 552.42 Suicide watch conditions. 

(a) Housing. Each institution must 

have one or more rooms designated 

specifically for housing an inmate on 

suicide watch. The designated room 

must allow staff to maintain adequate 

control of the inmate without 

compromising the ability to observe and 

protect the inmate. 

(b) Observation. (1) Staff or trained 

inmate observers operating in scheduled 

shifts are responsible for keeping the 

inmate under constant observation. 

(2) Only the Warden may authorize 

the use of inmate observers. 

(3) Inmate observers are considered to 

be on an institution work assignment 

when they are on their scheduled shift. 


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Federal Register / Vol. 72, No. 50 / Thursday, March 15, 2007 / Rules and Regulations 12087 

(c) Suicide watch log. Observers are to 

document significant observed behavior 

in a log book. 

(d) Termination. Based upon clinical 

findings, the Program Coordinator or 

designee will: 

(1) Remove the inmate from suicide 

watch when the inmate is no longer at 

imminent risk for suicide, or 

(2) Arrange for the inmate’s transfer to 

a medical referral center or 

health care facility. 

[FR Doc. E7–4684 Filed 3–14–07; 8:45 am] 

BILLING CODE 4410–05–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 April 2007. Interest 

assumptions are also published on the 

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

DATES: Effective April 1, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Catherine B. Klion, Manager, Regulatory 

and Policy Division, Legislative and 

Regulatory Department, Pension Benefit 

Guaranty Corporation, 1200 K Street, 

NW., Washington, DC 20005, 202–326–

4024. (TTY/TDD users may call the 

Federal relay service toll-free 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). 

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 April 2007, (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 April 

2007, 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 April 2007. 

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 4.99 

percent for the first 20 years following 

the valuation date and 4.66 percent 

thereafter. These interest assumptions 

represent a decrease (from those in 

effect for March 2007) of 0.23 percent 

for the first 20 years following the 

valuation date and 0.23 percent for all 

years thereafter. 

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 

represent a decrease (from those in 

effect for March 2007) of 0.25 percent in 

the immediate annuity rate and are 

otherwise unchanged. 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 current 

market conditions as accurately as 

possible. 

Because of the need to provide 

immediate guidance for the valuation 

and payment of benefits in plans with 

valuation dates during April 2007, 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 

162, as set forth below, is added to the 

table. 

Appendix B to Part 4022—Lump Sum 

Interest Rates For PBGC Payments 

* * * * * 


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