69588 Federal Register / Vol. 75, No. 219 / Monday, November 15, 2010 / Rules and Regulations 

1Appendix B to PBGC’s regulation on Allocation 

of Assets in Single-Employer Plans (29 CFR Part 

4044) prescribes interest assumptions for valuing 

benefits under terminating covered single-employer 

plans for purposes of allocation of assets under 

ERISA section 4044. Those assumptions are 

updated quarterly. 

does not contain policies that 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. Accordingly, the 

Agency has concluded that the rule does 

not contain policies that have 

federalism implications as defined in 

the Executive order and, consequently, 

a federalism summary impact statement 

is not required. 

VII. Paperwork Reduction Act of 1995 

This direct final rule contains 

information collection provisions that 

are subject to review by the Office of 

Management and Budget (OMB) under 

the Paperwork Reduction Act of 1995 

(the PRA) (44 U.S.C. 3501–3520). The 

collections of information addressed in 

the direct final rule have been approved 

by OMB in accordance with the PRA 

under the regulations governing 

designation of new animal drugs for 

MUMS (part 516, OMB control number 

0910–0605). Thus, § 516.20 as amended, 

does not constitute a new or additional 

paperwork burden requiring OMB 

approval. 

VIII. Request for Comments 

Interested persons may submit to the 

Division of Dockets Management (see 

ADDRESSES) either electronic or written 

comments regarding this document. It is 

only necessary to send one set of 

comments. It is no longer necessary to 

send two copies of mailed comments. 

Identify comments with the docket 

number found in brackets in the 

heading of this document. Received 

comments may be seen in the Division 

of Dockets Management between 9 a.m. 

and 4 p.m., Monday through Friday. 

List of Subjects in 21 CFR Part 516 

Administrative practice and 

procedure, Animal drugs, Confidential 

business information, Reporting and 

recordkeeping requirements. 

■ Therefore under the Federal Food, 

Drug, and Cosmetic Act and under 

authority delegated to the Commissioner 

of Food and Drugs, 21 CFR part 516 is 

amended as follows: 

PART 516—NEW ANIMAL DRUGS FOR 

MINOR USE AND MINOR SPECIES 

■ 1. The authority citation for 21 CFR 

part 516 continues to read as follows: 

Authority: 21 U.S.C. 360ccc–1, 360ccc–2, 

371. 

■ 2. Amend § 516.3(b) by revising the 

introductory text of the definition of 

‘‘Same dosage form’’ to read as follows: 

§ 516.3 Definitions. 

* * * * * 

(b) * * * 

Same dosage form means the same as 

one of the dosage form categories 

specified in the following parts of this 

chapter: 

* * * * * 

■ 3. Amend § 516.20 by revising 

paragraph (b)(2) to read as follows: 

§ 516.20 Content and format of a request 

for MUMS-drug designation. 

* * * * * 

(b) * * * 

(2) The name and address of the 

sponsor; the name of the sponsor’s 

primary contact person and/or 

permanent-resident U.S. agent including 

title, address, and telephone number; 

the established name (and proprietary 

name, if any) of the active 

pharmaceutical ingredient of the drug; 

and the name and address of the source 

of the active pharmaceutical ingredient 

of the drug. 

* * * * * 

Dated: November 3, 2010. 

Leslie Kux, 

Acting Assistant Commissioner for Policy. 

[FR Doc. 2010–28550 Filed 11–12–10; 8:45 am] 

BILLING CODE 4160–01–P 

PENSION BENEFIT GUARANTY 

CORPORATION 

29 CFR Part 4022 

Benefits Payable in Terminated SingleEmployer Plans; Interest Assumptions 

for Paying Benefits 

AGENCY: Pension Benefit Guaranty 

Corporation. 

ACTION: Final rule. 

SUMMARY: This final rule amends 

Pension Benefit Guaranty Corporation’s 

regulation on Benefits Payable in 

Terminated Single-Employer Plans to 

prescribe interest assumptions under 

the regulation for valuation dates in 

December 2010. Interest assumptions 

are also published on PBGC’s Web site 

(http://www.pbgc.gov). 

DATES: Effective December 1, 2010. 

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: PBGC’s 

regulation on Benefits Payable in 

Terminated Single-Employer Plans (29 

CFR part 4022) prescribes actuarial 

assumptions—including interest 

assumptions—for paying plan benefits 

under terminating single-employer 

plans covered by title IV of the 

Employee Retirement Income Security 

Act of 1974. 

PBGC uses the interest assumptions in 

Appendix B to Part 4022 to determine 

whether a benefit is payable as a lump 

sum and to determine the amount to 

pay. Appendix C to Part 4022 contains 

interest assumptions for private-sector 

pension practitioners to refer to if they 

wish to use lump-sum interest rates 

determined using PBGC’s historical 

methodology. Currently, the rates in 

Appendices B and C of the benefit 

payment regulation are the same. 

The interest assumptions are intended 

to reflect current conditions in the 

financial and annuity markets. 

Assumptions under the benefit 

payments regulation are updated 

monthly. This final rule updates the 

benefit payments interest assumptions 

for December 2010.1

The December 2010 interest 

assumptions under the benefit payments 

regulation will be 2.25 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. In comparison with the interest 

assumptions in effect for November 

2010, these interest assumptions 

represent an increase of 0.50 percent in 

the immediate annuity rate and are 

otherwise unchanged. 

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 payment of 

benefits under plans with valuation 

dates during December 2010, PBGC 

finds that good cause exists for making 

the assumptions set forth in this 

amendment effective less than 30 days 

after publication. 

PBGC has determined that this action 

is not a ‘‘significant regulatory action’’ 


jdjones on DSK8KYBLC1PROD with RULES
Federal Register / Vol. 75, No. 219 / Monday, November 15, 2010 / Rules and Regulations 69589 

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 4022 

Employee benefit plans, Pension 

insurance, Pensions, Reporting and 

recordkeeping requirements. 

■ In consideration of the foregoing, 29 

CFR part 4022 is 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 

206, as set forth below, is added to the 

table. 

Appendix B to Part 4022—Lump Sum 

Interest Rates For PBGC Payments 

* * * * * 

Rate set 

For plans with a valuation 

date Immediate 

annuity rate 

(percent) 

Deferred annuities 

(percent) 

On or after Before i 1 i 2 i 3 n 1 n 2

*******

206 12–1–10 1–1–11 2.25 4.00 4.00 4.00 7 8 

■ 3. In appendix C to part 4022, Rate Set 

206, as set forth below, is added to the 

table. 

Appendix C to Part 4022—Lump Sum 

Interest Rates For Private-Sector 

Payments 

* * * * * 

Rate set 

For plans with a valuation 

date Immediate 

annuity rate 

(percent) 

Deferred annuities 

(percent) 

On or after Before i 1 i 2 i 3 n 1 n 2

*******

206 12–1–10 1–1–11 2.25 4.00 4.00 4.00 7 8 

Issued in Washington, DC, on November 8, 

2010. 

Vincent K. Snowbarger, 

Deputy Director for Operations, Pension 

Benefit Guaranty Corporation. 

[FR Doc. 2010–28570 Filed 11–12–10; 8:45 am] 

BILLING CODE 7709–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[Docket No. EPA–R02–OAR–2010–0659; 

FRL–9225–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; New 

York, New Jersey, and Connecticut; 

Determination of Attainment of the 

1997 Fine Particle Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is determining that the 

New York-Northern New Jersey-Long 

Island, NY-NJ-CT fine particle (PM2.5) 

nonattainment area for the 1997 fine 

particle National Ambient Air Quality 

Standard (NAAQS) has attained the 

1997 PM2.5 NAAQS. 

DATES: Effective Date: This rule will 

become effective on December 15, 2010. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R02–OAR–2010–0659. All 

documents in the docket are listed in 

the http://www.regulations.gov Web 

site. Although listed in the electronic 

docket, some information is not publicly 

available, i.e., confidential business 

information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

http://www.regulations.gov or in hard 

copy for public inspection during 

normal business hours at the Air 

Programs Branch, U.S. Environmental 

Protection Agency, Region II, 290 

Broadway, New York, New York 10007. 

FOR FURTHER INFORMATION CONTACT: 

Henry Feingersh, (212) 637–3382, or by 

e-mail at feingersh.henry@epa.gov if you 

have questions related to New York or 

New Jersey. If you have questions 

related to Connecticut, please contact 

Alison C. Simcox, (617) 918–1684, or by 

e-mail at simcox.alison@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we’’, ‘‘us’’, or ‘‘our’’ is used, we mean 

EPA. 

The SUPPLEMENTARY INFORMATION

section is arranged as follows: 

I. What action is EPA taking? 

II. What comments were received and what 

is EPA’s response? 

III. What is the effect of this action? 

IV. Final Action 

V. Statutory and Executive Order Reviews 

I. What action is EPA taking? 

EPA is determining that the New 

York-Northern New Jersey-Long Island, 

NY-NJ-CT fine particle (PM2.5) 

nonattainment area, referred to from this 

point forward as the NY-NJ-CT fine 

particle (PM2.5) nonattainment area, for 

the 1997 PM2.5 NAAQS has attained the 

1997 PM2.5 NAAQS. This determination 

is based upon quality assured, quality 

controlled and certified ambient air 

monitoring data that show the area has 

monitored attainment of the 1997 PM2.5

NAAQS for the 2007–2009 monitoring 

period. Other specific requirements of 

the determination and the rationale for 


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