Federal Register / Vol. 62, No. 72 / Tuesday, April 15, 1997 / Rules and Regulations 18269

date and 5.00 percent thereafter. The

annuity interest assumptions represent

an increase (from those in effect for

April 1997) of 0.20 percent for the first

25 years following the valuation date

and are otherwise unchanged. For

benefits to be paid as lump sums, the

interest assumptions to be used by the

PBGC will be 5.00 percent for the period

during which a benefit is in pay status,

4.25 percent during the seven-year

period directly preceding the benefit’s

placement in pay status, and 4.00

percent during any other years

preceding the benefit’s placement in pay

status. The lump sum interest

assumptions represent an increase (from

those in effect for April 1997) of 0.25

percent for the period during which a

benefit is in pay status and for the seven

years directly preceding that period;

they are otherwise unchanged.

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 of

benefits in plans with valuation dates

during May 1997, 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 in 29 CFR Part 4044

Pension insurance, Pensions.

In consideration of the foregoing, 29

CFR part 4044 is amended as follows:

PART 4044—[AMENDED]

1. The authority citation for part 4044

continues to read as follows:

Authority: 29 U.S.C. 1301(a), 1302(b)(3),

1341, 1344, 1362.

2. In appendix B, a new entry is

added to Table I, and Rate Set 43 is

added to Table II, as set forth below.

The introductory text of each table is

republished for the convenience of the

reader and remains unchanged.

Appendix B to Part 4044—Interest

Rates Used to Value Annuities and

Lump Sums

TABLE I—ANNUITY VALUATIONS

[This table sets forth, for each indicated calendar month, the interest rates (denoted by i1, i2, * * *, and referred to generally as it) assumed to be

in effect between specified anniversaries of a valuation date that occurs within that calendar month; those anniversaries are specified in the

columns adjacent to the rates. The last listed rate is assumed to be in effect after the last listed anniversary date.]

For valuation dates occurring in the month—

The values of it are:

it for t = it for t = it for t =

* * * * * * *

May 1997 ................................................................................................... .0630 1–25 .0500 >25 N/A N/A

TABLE II—LUMP SUM VALUATIONS

[In using this table: (1) For benefits for which the participant or beneficiary is entitled to be in pay status on the valuation date, the immediate annuity rate shall apply; (2) For benefits for which the deferral period is y years (where y is an integer and 0 < y ≤ n1), interest rate i1 shall

apply from the valuation date for a period of y years, and thereafter the immediate annuity rate shall apply; (3) For benefits for which the deferral period is y years (where y is an integer and n1 < y ≤ n1 + n2), interest rate i2 shall apply from the valuation date for a period of y¥n1

years, interest rate i1 shall apply for the following n1 years, and thereafter the immediate annuity rate shall apply; (4) For benefits for which

the deferral period is y years (where y is an integer and y¥n1¥n2), interest rate i3 shall apply from the valuation date for a period of y—n1—

n2 years, interest rate i2 shall apply for the following n2 years, interest rate i1 shall apply for the following n1 years, and thereafter the immediate annuity rate shall apply.]

Rate set

For plans with a valuation

date Immediate

annuity rate

(percent)

Deferred annuities

(percent)

On or after Before i1 i2 i3 n1 n2

* * * * * * *

43 .......................................................................................... 05–1–97 06–1–97 5.00 4.25 4.00 4.00 7 8

Issued in Washington, D.C., on this 8th day

of April 1997.

John Seal,

Acting Executive Director, Pension Benefit

Guaranty Corporation.

[FR Doc. 97–9600 Filed 4–14–97; 8:45 am]

BILLING CODE 7708–01–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 756

[NA–003–FOR]

Navajo Nation Abandoned Mine Land

Reclamation Plan

AGENCY: Office of Surface Mining

Reclamation and Enforcement, Interior.

ACTION: Final rule; approval of

amendment.

SUMMARY: The Office of Surface Mining

Reclamation and Enforcement (OSM) is

approving a proposed amendment to the

Navajo Nation abandoned mine land

reclamation (AMLR) plan (hereinafter,

the ‘‘Navajo Nation plan’’) under the

Surface Mining Control and

Reclamation Act of 1977 (SMCRA). The

Navajo Nation proposed revisions to,

additions of, or deletions of rules
18270 Federal Register / Vol. 62, No. 72 / Tuesday, April 15, 1997 / Rules and Regulations

pertaining to project selection, limited

liability, contractor responsibility,

reports, certification of completion of

coal sites, and utilities and other

facilities. The amendment revised the

Navajo Nation plan to meet the

requirements of the corresponding

Federal regulations, to incorporate the

additional flexibility afforded by the

revised Federal regulations, and to

improve operational efficiency.

EFFECTIVE DATE: April 15, 1997.

FOR FURTHER INFORMATION CONTACT:

Guy Padgett, Telephone: (505) 248–

5070, Internet address:

GPADGETT@CWYGW.OSMRE.GOV.

SUPPLEMENTARY INFORMATION:

I. Background on the Navajo Nation

Plan

On May 16, 1988, the Secretary of the

Interior approved the Navajo Nation

plan. General background information

on the Navajo Nation plan, including

the Secretary’s findings and the

disposition of comments, can be found

in the May 16, 1988, Federal Register

(53 FR 17186). Subsequent actions

concerning the Navajo Nation’s plan

and plan amendments can be found at

30 CFR 756.14.

II. Proposed Amendment

By letter dated September 3, 1996, the

Navajo Nation submitted a proposed

amendment to its plan (administrative

record No. NA–245) pursuant to

SMCRA (30 U.S.C. 1201 et seq.). The

Navajo Nation submitted the proposed

amendment at its own initiative and in

response to a September 26, 1994, letter

(administrative record No. NA–228) that

OSM sent to the Navajo Nation in

accordance with 30 CFR 884.15(b). The

provisions of the Rules of the Navajo

Reclamation Plan that the Navajo Nation

proposed to revise, add, or delete were:

policies and procedures for the Navajo

Reclamation Program, section II, E, 1,

project selection; general reclamation

requirements for coal reclamation,

sections II, L, 1(e), (g), (h), (i), and (j),

eligible coal lands and water, limited

liability, contractor responsibility, and

reports; general reclamation

requirements for noncoal reclamation,

sections II, L, 2(b)(3) and (4), (c), (d),

and (e), eligible noncoal lands and

water, limited liability, contractor

responsibility, and reports; sections II,

M, 1(b), (d), 2, and 2(a) and (b),

certification of completion of coal sites;

sections II, N, 1 and 1(c), eligible lands

and water subsequent to certification;

sections II, P, 1, 1(a) through (c), 2, 2(a)

through (f), and 3, utilities and other

facilities; and administrative and

management structure, sections III, E, 1

and 1(a), future reclamation set-aside

program.

OSM announced receipt of the

proposed amendment in the September

30, 1996, Federal Register (61 FR

51070), provided an opportunity for a

public hearing or meeting on its

substantive adequacy, and invited

public comment on its adequacy

(administrative record No. NA–249).

Because no one requested a public

hearing or meeting, none was held. The

public comment period ended on

October 30, 1996.

III. Director’s Findings

As discussed below, the Director, in

accordance with SMCRA and 30 CFR

884.14 and 884.15, finds that the

proposed plan amendment submitted by

the Navajo Nation on September 3,

1996, meets the requirements of the

corresponding Federal regulations.

Thus, the Director approves the

proposed amendment.

1. Nonsubstantive Revisions to the

Navajo Nation’s Rules

The Navajo Nation proposed revisions

to the following previously-approved

rules that are nonsubstantive in nature

and consist of minor editorial,

punctuation, grammatical, and

recodification changes (corresponding

Federal regulation provisions are listed

in parentheses):

Section II, L, 1(e) and (g), (30 CFR 874.12(e)

and (g)), eligible coal lands and water;

Section II, L, 2(b)(3) and (4), (30 CFR

875.12(c) and (d)), eligible noncoal lands and

water prior to certification;

Section II, M, 1(b) and 2, (30 CFR

875.13(a)(2) and (c)), certification of

completion of coal sites;

Section II, N, 1 and 1(c), (30 CFR 875.14(a)

and (b)), eligible lands and water subsequent

to certification; and

Section III, E, 1 and 1(a), (30 CFR 873.1,

873.11, and 873.12(a)), future reclamation

set-aside program.

Because the proposed revisions to

these previously-approved rules are

nonsubstantive in nature, the Director

finds that they meet the requirements of

the Federal regulations. The Director

approves the proposed revisions to

these rules.

2. Substantive Revisions to the Navajo

Nation’s Rules That Are Substantively

Identical to the Corresponding

Provisions of the Federal Regulations

The Navajo Nation proposed the

addition of the following rules that are

substantive in nature and contain

language that is substantively identical

to the requirements of the

corresponding Federal regulations

(listed in parentheses):

Section II, L, 1(h), (30 CFR 874.15), limited

liability;

Section II, L, 1(i), (30 CFR 874.16),

contractor responsibility;

Section II, L, 1(j), (30 CFR 886.23), reports;

Section II, L, 2(c), (30 CFR 875.19), limited

liability;

Section II, L, 2(d), (30 CFR 875.20),

contractor responsibility; and

Section II, L, 2(e), (30 CFR 886.23), reports.

Because these proposed added Navajo

Nation rules are substantively identical

to the corresponding provisions of the

Federal regulations, the Director finds

that they meet the requirements of the

Federal regulations. The Director

approves the proposed addition of these

rules.

3. Section II, E, 1, Project Selection

The Navajo Nation proposed new

language in its rule at section II, E, 1 to

provide the following.

Reclamation techniques for the specified

noncoal mine closure and radioactive mine

wastes will ensure compliance with the inhouse Health Physics Standards and

Guidelines in the absence of any Tribal or

Federal clean up standards specific to

abandoned mine lands. The mine wastes

contain low level radioactivity, but the levels

are such that the reclamation work can be

safely conducted if the health and safety

standards are strictly followed. Departmental

verification of the clean up standards will be

performed at each disturbed area(s).

There are no SMCRA or implementing

Federal regulation requirements

concerning reclamation standards or

techniques for noncoal projects that

must be followed or adhered to by State

or Indian tribe AMLR programs. The

Director finds that the proposed rule at

section II, E, 1, which requires

reclamation techniques for noncoal

mine closures and radioactive mine

wastes that ensure compliance with

specific Navajo health and safety

standards for clean-up of such sites,

provides an additional safeguard for

human safety that is not inconsistent

with the Federal noncoal reclamation

regulations at 30 CFR part 875.

Therefore, the Director approves the

proposed addition of this rule.

4. Sections II, M, 1(d) and 2(a) and (b),

and P, 1(a) through (c), 2(a) through (f),

and 3, Utilities and Other Facilities

Sections II, M, 1(d)

The Navajo Nation proposed to delete

its rule at section II, M, 1(d), which

required a description of the Navajo

Nation’s ability to fund all potential

coal-related problems that occur during

the life of the AMLR program after the

Navajo Nation’s certification of

completion of coal reclamation. There is

no direct counterpart in the Federal
Federal Register / Vol. 62, No. 72 / Tuesday, April 15, 1997 / Rules and Regulations 18271

regulations, but 30 CFR 875.13(a)(3) has

similar requirements. It requires a State

or Indian tribe to agree to acknowledge

and give top priority to any coal-related

problem that may be found or occur

during the life of the approved AMLR

program after the State’s or Indian

tribe’s certification of completion of coal

reclamation. Such agreement is

provided in the Navajo Nation’s rules at

section II, N, 1(c), which requires that,

if eligible coal problems occur after

certification, the Navajo Nation will

address such coal problems in the next

grant cycle. Because the rule at section

II, N, 1(c) provides for coal reclamation

after certification, as required by 30 CFR

875.13(a)(3), and because the deleted

rule at section II, M, 1(d) has no direct

counterpart in the Federal regulations,

the Director finds that deletion of the

rule at II, M, 1(d) rule is not inconsistent

with the Federal regulations at 30 CFR

part 875. Therefore, the Director

approves the proposed deletion.

Sections II, M, 2(a) and (b) and P, 1(a)

through (c) and 2(a) through (f)

The Navajo Nation proposed to revise

its noncoal reclamation rules by

deleting the introductory sentence for

section II, M, 2(a) and deleting in its

entirety section II, M, 2(b). The

introductory sentence for section 2(a)

indicates that this section applies to

reclamation projects involving the

restoration of lands and water adversely

affected by past mineral mining;

projects involving the protection, repair,

replacement, construction, or

enhancement of utilities; and the

construction of public facilities in

communities impacted by coal and

other mineral mining and processing

practices. Section 2(b) states that, where

the Navajo Nation President determines

there is a need for activities or

construction of specific public facilities

related to the coal or minerals industry,

the provisions of Part O (should be ‘‘P’’)

of the Navajo plan, entitled Utilities and

Other Facilities, apply. The Navajo

Nation also proposed to delete the

requirements provided by its rules at

sections II, P, 1(a) through (c) and 2(a)

through (f), which set forth criteria and

procedures for funding public utilities

and other facilities projects.

The Federal regulatory counterparts to

the deleted rules at sections II, M, 2(a)

and (b) are at 30 CFR 875.15(a) and (d).

The counterparts to the deleted rules at

sections II, P, 1(a) through (c) and 2(a)

through (f) are in the Federal regulations

at 30 CFR 875.15(c) and (e). All of these

Federal regulations continue to allow

States and Indian tribes to include in

their AMLR plans provisions for the

funding of public utilities and other

facilities.

The effect of the Navajo Nation’s

proposed rule deletions is that the

Navajo Nation no longer has rules that

would allow it to apply for and receive

AMLR funds for the construction of

public utilities and other facilities. OSM

does not determine for a State or Indian

tribe that has an approved AMLR

program how to allocate the limited

AMLR funds each receives to carry out

the purposes of title IV of SMCRA.

In addition, the proposed deletion of

the Navajo Nation rules at section II, M,

2(a) and (b) and P, 1(a) through (c) and

2(a) through (f) is consistent with the

overall intent of the Navajo Nation to

direct its AMLR funds to specific

noncoal reclamation projects and to not

use these funds for public utilities and

other facilities. As provided at section

405(d) of SMCRA, approval of the

Navajo Nation plan granted to the

Navajo Nation exclusive responsibility

and authority to implement the

provisions of its approved program. The

approval carries with it the

responsibility to administer the AMLR

program in an efficient manner and to

carefully consider all expenditures,

including determining which

reclamation projects will receive AMLR

funding. The approval of the AMLR

program means the Navajo Nation can

spend its AMLR funds on reclamation

projects of its own choosing so long as

the program continues to be in

compliance with the procedures,

guidelines, and requirements

established under subsection 405(a) of

SMCRA.

For these reasons, the Director finds

that the deletion of the Navajo Nation

rules at sections II, M, 2(a) and (b) and

P, 1(a) through (c) and 2(a) through (f)

is not inconsistent with the Federal

requirements at 30 CFR 875.15(a), (c),

(d), and (e). Therefore, the Director

approves the proposed deletion of these

rules.

Section II, P, 3

The Navajo Nation proposed to delete

its rule at section II, P, 3, which

provides for (1) preparation of a news

release concerning the grant application

for funding of public utilities and other

facilities and providing an opportunity

for public comment, (2) evaluation of

public comments, and (3) a

determination that the funding meets

the requirements of the Navajo Nation

rules and is in the best interest of the

Navajo Nation. There is no direct

Federal regulation counterpart to

section II, P, 3, but the requirements of

30 CFR 875.15(e) generally are

counterparts to the deleted provisions.

The deletion of this Navajo Nation rule

is consistent with the Navajo Nation’s

deletion of all rules concerning public

utilities and other facilities.

For this reason and for the reasons

discussed in the preceding findings for

sections II, M, 1(d), 2(a) and (b) and P,

1(a) through (c) and 2(a) through (f), the

Director finds that the deletion of

section II, P, 3 is not inconsistent with

the Federal regulations at 30 CFR

875.15. The Director approves the

proposed deletion of this rule.

IV. Summary and Disposition of

Comments

As discussed below, OSM did not

receive any comments on the proposed

amendment.

1. Public Comments

OSM invited public comments on the

proposed amendment, but none were

received.

2. Federal Agency Comments

Pursuant to 30 CFR 884.15(a) and

884.14(a)(2), OSM solicited comments

on the proposed amendment from

various Federal agencies with an actual

or potential interest in the Navajo

Nation plan (administrative record Nos.

NA–246 and 248). No comments were

received from any Federal agencies.

V. Director’s Decision

Based on the above findings, the

Director approves the Navajo Nation’s

proposed plan amendment as submitted

on September 3, 1996.

The Director approves, as discussed

in: finding No. 1, section II, L, 1(e) and

(g), concerning eligible coal lands and

water, section II, L, 2(b)(3) and (4),

concerning eligible noncoal lands and

water prior to certification, section II, M,

1(b) and 2, concerning certification of

completion of coal sites, section II, N, 1

and 1(c), concerning eligible lands and

water subsequent to certification, and

section III, E, 1 and 1(a), concerning

future reclamation set-aside program;

finding No. 2, section II, L, 1(h),

concerning limited liability, section II,

L, 1(i), concerning contractor

responsibility, section II, L, 1(j),

concerning reports, section II, L, 2(c),

concerning limited liability, section II,

L, 2(d), concerning contractor

responsibility, and section II, L 2(e),

concerning reports; finding No. 3,

section II, E, 1, concerning project

selection; and finding No. 4, deletion of

section II, M, 1(d), concerning

certification of completion of coal sites,

deletion of sections II, M, (2)(a) and (b)

and P, 1(a), (b), and (c), (2)(a) through

(f), and (3), concerning utilities and

other facilities.
18272 Federal Register / Vol. 62, No. 72 / Tuesday, April 15, 1997 / Rules and Regulations

The Director approves the rules as

proposed by the Navajo Nation with the

provision that they be fully promulgated

in identical form to the rules submitted

to and reviewed by OSM and the public.

The Federal regulations at 30 CFR

Part 756, codifying decisions concerning

the Navajo Nation plan, are being

amended to implement this decision.

This final rule is being made effective

immediately to expedite the Tribe plan

amendment process and to encourage

Tribes to bring their plans into

conformity with the Federal standards

without undue delay. Consistency of

Tribe and Federal standards is required

by SMCRA.

VI. Procedural Determinations

1. Executive Order 12866

This rule is exempted from review by

the Office of Management and Budget

(OMB) under Executive Order 12866

(Regulatory Planning and Review).

2. Executive Order 12988

The Department of the Interior has

conducted the reviews required by

section 3 of Executive Order 12988

(Civil Justice Reform) and has

determined that this rule meets the

applicable standards of subsections (a)

and (b) of that section. However, these

standards are not applicable to the

actual language of Tribe or State AMLR

plans and revisions thereof since each

such plan is drafted and promulgated by

a specific Tribe or State, not by OSM.

Decisions on proposed Tribe or State

AMLR plans and revisions thereof

submitted by a Tribe or State are based

on a determination of whether the

submittal meets the requirements of

Title IV of SMCRA (30 U.S.C. 1231–

1243) and the applicable Federal

regulations at 30 CFR Parts 884 and 888.

3. National Environmental Policy Act

No environmental impact statement is

required for this rule since agency

decisions on proposed Tribe or State

AMLR plans and revisions thereof are

categorically excluded from compliance

with the National Environmental Policy

Act (42 U.S.C. 4332) by the Manual of

the Department of the Interior (516 DM

6, appendix 8, paragraph 8.4B(29)).

4. Paperwork Reduction Act

This rule does not contain

information collection requirements that

require approval by OMB under the

Paperwork Reduction Act (44 U.S.C.

3507 et seq.).

5. Regulatory Flexibility Act

The Department of the Interior has

determined that this rule will not have

a significant economic impact on a

substantial number of small entities

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.). The Tribe or State

submittal which is the subject of this

rule is based upon Federal regulations

for which an economic analysis was

prepared and certification made that

such regulations would not have a

significant economic effect upon a

substantial number of small entities.

Accordingly, this rule will ensure that

existing requirements established by

SMCRA or previously promulgated by

OSM will be implemented by the Tribe

or State. In making the determination as

to whether this rule would have a

significant economic impact, the

Department relied upon the data and

assumptions in the analyses for the

corresponding Federal regulations.

6. Unfunded Mandates Reform Act

This rule will not impose a cost of

$100 million or more in any given year

on any governmental entity or private

sector.

List of Subjects in 30 CFR Part 756

Abandoned mine reclamation

programs, Indian lands, Surface mining,

Underground mining.

Dated: March 24, 1997.

James F. Fulton,

Acting Regional Director, Western Regional

Coordinating Center.

For the reasons set out in the

preamble, Title 30, Chapter VII,

Subchapter E of the Code of Federal

Regulations is amended as set forth

below:

PART 756—INDIAN TRIBE

ABANDONED MINE LAND

RECLAMATION PROGRAMS

1. The authority citation for Part 756

continues to read as follows:

Authority: 30 U.S.C. 1201 et seq. and Pub.

L. 100–71.

2. Section 756.14 is amended by

adding paragraph (d) to read as follows:

§ 756.14 Approval of amendments to the

Navajo Nation’s abandoned mine land plan.

* * * * *

(d) Revisions to, additions of, or

deletions of the following rules, as

submitted to OSM on September 3,

1996, are approved effective April 15,

1997.

Section II, E, 1, Project selection,

Sections II, L, 1(e) and (g), Eligible

coal lands and water,

Section II, L, 1(h), Limited liability,

Section II, L, 1(i), Contractor

responsibility,

Section II, L, 1(j), Reports,

Sections II, L, 2(b)(3) and (4), Eligible

noncoal lands and water prior to

certification,

Section II, L, 2(c), Limited liability,

Section II, L, 2(d), Contractor

responsibility,

Section II, L, 2(e), Reports,

Sections II, M, 1(b) and (d), 2, and 2(a)

and (b), Certification of completion of

coal sites,

Sections II, N, 1 and 1(c), Eligible

lands and water subsequent to

certification,

Sections II, P, 1(a) through (c), 2(a)

through (f), and (3), Utilities and other

facilities, and

Section III, E, 1 and 1(a), Future

reclamation set-aside program.

[FR Doc. 97–9703 Filed 4–14–97; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF DEFENSE

Department of the Navy

32 CFR Part 706

Certifications and Exemptions Under

the International Regulations for

Preventing Collisions at Sea, 1972

Amendment

AGENCY: Department of the Navy, DOD.

ACTION: Final rule.

SUMMARY: The Department of the Navy

is amending its certifications and

exemptions under the International

Regulations for Preventing Collisions at

Sea, 1972 (72 COLREGS), to reflect that

the Deputy Assistant Judge Advocate

General (Admiralty) of the Navy has

determined that USS DUBUQUE (LPD

8) is a vessel of the Navy which, due to

its special construction and purpose,

cannot fully comply with certain

provisions of the 72 COLREGS without

interfering with its special functions as

a naval ship. The intended effect of this

rule is to warn mariners in waters where

72 COLREGS apply.

EFFECTIVE DATE: March 6, 1997.

FOR FURTHER INFORMATION CONTACT:

Captain R. R. Pixa, JAGC, U.S. Navy,

Admiralty Counsel, Office of the Judge

Advocate General, Navy Department,

200 Stovall Street, Alexandria, Virginia,

22332–2400, Telephone Number: (703)

325–9744.

SUPPLEMENTARY INFORMATION: Pursuant

to the authority granted in 33 U.S.C.

1605, the Department of the Navy

amends 32 CFR Part 706. This

amendment provides notice that the

Deputy Assistant Judge Advocate

General (Admiralty) of the Navy, under

authority delegated by the Secretary of