Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Rules and Regulations 27189 

Institute (EEI), the association of 

shareholder-owned electric companies. 

See OSHA–H054A–2006–0064–0010. 

EEI supported the DFR, commenting: 

‘‘EEI has no objection to informing 

employees of exposure determinations 

regardless of the results. Indeed, EEI 

members have long been sharing the 

results of exposure monitoring with 

their employees, regardless of whether 

overexposures have been revealed.’’ EEI 

went on, however, to ask OSHA for 

clarification of the Cr(VI) standards’ 

requirements that employers provide 

affected employees with notice of 

exposure determination results within 

15 work days in general industry, and 

within 5 work days in construction. 

These deadlines for providing required 

notices were in the Cr(VI) standards as 

originally promulgated in 2006, and are 

not being changed in this direct final 

rulemaking. OSHA noted as much in the 

DFR notice. (See 75 FR at 12683 (‘‘[T]he 

number of work days employers have to 

provide notice to employees will remain 

unchanged.’’).) 

Because EEI’s interpretive request is 

beyond the scope of this narrow direct 

final rulemaking, and EEI did not 

explain why the amendment to the 

scope of the notification requirement 

would be ineffective without 

clarification on the timing issue, the 

Agency has concluded that this is not a 

significant adverse comment. (See 75 FR 

at 12683 (‘‘OSHA will not consider a 

comment recommending an additional 

amendment to be a significant adverse 

comment unless the comment states 

why the direct final rule would be 

ineffective without the addition.’’).) 

Moreover, because the issues raised by 

EEI are unrelated to this rulemaking, 

OSHA will not be addressing them in 

this notice. EEI may submit its inquiries 

to OSHA via a written request for a 

letter of interpretation from the 

Directorate of Enforcement Programs. 

As the Agency did not receive any 

significant adverse comments, OSHA is 

hereby confirming that the DFR 

published on March 17, 2010, will 

become effective on June 15, 2010. 

II. OMB Review Under the Paperwork 

Reduction Act of 1995 

The DFR amends a notification 

requirement that is subject to review by 

the Office of Management and Budget 

(OMB) under the Paperwork Reduction 

Act of 1995 (PRA–95), 44 U.S.C. 3501 et 

seq., and OMB’s regulations at 5 CFR 

part 1320. The information collection 

requirements (‘‘paperwork’’) currently 

contained in the Chromium VI (Cr(VI)) 

standards are approved by OMB 

(Information Collection Request (ICR), 

Chromium (VI) Standards for General 

Industry (29 CFR 1910.1026), Shipyard 

Employment (29 CFR 1915.1026), and 

Construction (29 CFR 1926.1126)), 

under OMB Control number 1218–0252. 

The Department notes that a federal 

agency cannot conduct or sponsor a 

collection of information unless it is 

approved by OMB under the PRA and 

displays a currently valid OMB control 

number. The public is not required to 

respond to a collection of information 

requirement unless it displays a 

currently valid OMB control number. 

Also, notwithstanding any other 

provisions of law, no person shall be 

subject to penalty for failing to comply 

with a collection of information 

requirement if the requirement does not 

display a currently valid OMB control 

number. 

On June 22, 2009, OSHA published a 

preclearance Federal Register notice, 

Docket No. OSHA–2009–0015, as 

specified in PRA–95 (44 U.S.C. 

3506(c)(2)(A)), allowing the public 60 

days to comment on a proposal to 

extend OMB’s approval of the 

information collection requirements in 

the Cr(VI) standards (74 FR 29517). This 

notice also informed the public that 

OSHA was considering revising the 

notification requirements in the Cr(VI) 

standards to require employers to notify 

employees of all exposure 

determination results. OSHA estimated 

the new burden hours and costs that 

would result from this amendment to 

the standard, and the public had 60 

days to comment on those estimates in 

accordance with the PRA, 44 U.S.C. 

3506(c)(2). OSHA estimated that a 

requirement to notify employees of all 

exposure determination results would 

result in an increase of 62,575 burden 

hours and would increase employer 

cost, in annualized terms, by 

$1,526,731. 

The preclearance comment period 

closed on August 21, 2009. OSHA did 

not receive public comments on that 

notice. On October 30, 2009, OSHA 

published a Federal Register notice 

announcing that the Cr(VI) ICR had been 

submitted to OMB (74 FR 56216) for 

review and approval, and that interested 

parties had until November 30, 2009, to 

submit comments to OMB on that 

submission. No comments were 

received in response to that notice 

either. OMB approved the Cr(VI) ICR, 

but because this direct final rulemaking 

was still ongoing, the total burden hours 

approved did not include the additional 

burden that OSHA had estimated would 

need to be added to the ICR as a result 

this DFR (75 FR 13783, Mar. 23, 2010). 

In the DFR published on March 17, 

2010, OSHA provided an additional 30 

days for the public to comment on the 

estimated paperwork implications of the 

revised notification requirements. The 

Agency did not receive any comments 

on paperwork in response to that notice. 

On April 23, 2010, OSHA submitted 

a Change Worksheet to OMB requesting 

modification of the Cr(VI) ICR to reflect 

the additional paperwork burdens that 

need to be added as a result of this DFR. 

OMB approved OSHA’s request on May 

4, 2010. 

List of Subjects 

29 CFR Part 1910 

Exposure determination, General 

industry, Health, Hexavalent chromium 

(Cr(VI)), Notification of determination 

results to employees, Occupational 

safety and health. 

29 CFR Part 1915 

Exposure determination, Health, 

Hexavalent chromium (Cr(VI)), 

Notification of determination results to 

employees, Occupational safety and 

health, Shipyard employment. 

29 CFR Part 1926 

Construction, Exposure 

determination, Health, Hexavalent 

chromium (Cr(VI)), Notification of 

determination results to employees, 

Occupational safety and health. 

Authority and Signature 

David Michaels, PhD, MPH, Assistant 

Secretary of Labor for Occupational 

Safety and Health, U.S. Department of 

Labor, 200 Constitution Avenue, NW., 

Washington, DC 20210, directed the 

preparation of this direct final rule. The 

Agency is issuing this rule under 

Sections 4, 6, and 8 of the Occupational 

Safety and Health Act of 1970 (29 U.S.C. 

653, 655, 657), Secretary of Labor’s 

Order 5–2007 (72 FR 31159), and 29 

CFR part 1911. 

Signed at Washington, DC, on May 11, 

2010. 

David Michaels, 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

[FR Doc. 2010–11586 Filed 5–13–10; 8:45 am] 

BILLING CODE 4510–26–P 

PENSION BENEFIT GUARANTY 

CORPORATION 

29 CFR Part 4022 

Benefits Payable in Terminated SingleEmployer Plans; Interest Assumptions 

for Valuing and Paying Benefits 

AGENCY: Pension Benefit Guaranty 

Corporation. 

ACTION: Final rule. 


emcdonald on DSK2BSOYB1PROD with RULES
27190 Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Rules and Regulations 

SUMMARY: Pension Benefit Guaranty 

Corporation’s regulation on Benefits 

Payable in Terminated Single-Employer 

Plans prescribes interest assumptions 

for valuing and paying certain benefits 

under terminating single-employer 

plans. This final rule amends the benefit 

payments regulation to adopt interest 

assumptions for plans with valuation 

dates in June 2010. Interest assumptions 

are also published on PBGC’s Web site 

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

DATES: Effective June 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 

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. 

These interest assumptions are found 

in two PBGC regulations: The regulation 

on Benefits Payable in Terminated 

Single-Employer Plans (29 CFR part 

4022) and the regulation on Allocation 

of Assets in Single-Employer Plans (29 

CFR part 4044). Assumptions under the 

asset allocation regulation are updated 

quarterly; assumptions under the benefit 

payments regulation are updated 

monthly. This final rule updates only 

the assumptions under the benefit 

payments regulation. 

Two sets of interest assumptions are 

prescribed under the benefit payments 

regulation: (1) A set for PBGC to use to 

determine whether a benefit is payable 

as a lump sum and to determine lumpsum amounts to be paid by PBGC (found 

in Appendix B to part 4022), and (2) a 

set for private-sector pension 

practitioners to refer to if they wish to 

use lump-sum interest rates determined 

using PBGC’s historical methodology 

(found in Appendix C to Part 4022). 

This amendment (1) adds to 

Appendix B to part 4022 the interest 

assumptions for PBGC to use for its own 

lump-sum payments in plans with 

valuation dates during June 2010, and 

(2) 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 PBGC’s historical 

methodology for valuation dates during 

June 2010. 

The interest assumptions that 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. In comparison with the interest 

assumptions in effect for May 2010, 

these interest assumptions represent a 

decrease 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 PBGC for 

determining and paying lump sums (set 

forth in Appendix B to part 4022). 

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 June 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’’ 

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 

200, 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 i1 i2 i3 n1 n2

* * * * * * * 

200 ............................................................................................ 6–1–10 7–1–10 2.75 4.00 4.00 4.00 7 8 

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

200, as set forth below, is added to the 

table. 

Appendix C to Part 4022—Lump Sum 

Interest Rates for Private-Sector 

Payments 

* * * * * 


emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Rules and Regulations 27191 

Rate set 

For plans with a 

valuation date 

Immediate 

annuity 

rate 

(percent) 

Deferred annuities 

(percent) 

On or 

after Before i1 i2 i3 n1 n2

* * * * * * * 

200 .................................................................................................... 6–1–10 7–1–10 2.75 4.00 4.00 4.00 7 8 

Issued in Washington, DC, on this 10th day 

of May 2010. 

Vincent K. Snowbarger, 

Acting Director, Pension Benefit Guaranty 

Corporation. 

[FR Doc. 2010–11494 Filed 5–13–10; 8:45 am] 

BILLING CODE 7709–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 51 and 52 

[EPA–HQ–OAR–2003–0064, FRL–9151–3] 

RIN 2060–AP80 

Prevention of Significant Deterioration 

(PSD) and Nonattainment New Source 

Review (NSR): Aggregation 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of extension of comment 

period. 

SUMMARY: The EPA is announcing an 

extension of the public comment period 

on our proposed reconsideration of the 

Prevention of Significant Deterioration 

(PSD) and Nonattainment New Source 

Review (NSR): Aggregation (April 15, 

2010). The EPA is extending the 

comment period that originally closed 

on May 17, 2010, by an additional 30 

days. The comment period will now 

close on June 16, 2010. The EPA is 

extending the comment period because 

of the requests we received, which are 

contained in the docket for this 

rulemaking. 

DATES: Comments. Comments on the 

proposed rule published April 15, 2010 

(75 FR 19567) must be received on or 

before June 16, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2003–0064, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

• E-mail: a-and-rdocket@epamail.epa.gov. 

• Fax: 202–566–1741. 

• Mail: Attention Docket ID No. EPA– 

HQ–OAR–2003–0064, U.S. 

Environmental Protection Agency, EPA 

West (Air Docket), 1200 Pennsylvania 

Avenue, Northwest, Mailcode: 6102T, 

Washington, DC 20460. Please include a 

total of 2 copies. 

• Hand Delivery: U.S. Environmental 

Protection Agency, EPA West (Air 

Docket), 1301 Constitution Avenue, 

Northwest, Room 3334, Washington, DC 

20004, Attention Docket ID No. EPA– 

HQ–OAR–2003–0064. Such deliveries 

are only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions. Direct your comments to 

Docket ID No. EPA–HQ–OAR–2003– 

0064. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional instructions on 

submitting comments, go to the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the U.S. Environmental Protection 

Agency, Air Docket, EPA/DC, EPA West, 

Room 3334, 1301 Constitution Ave., 

NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the Air Docket is (202) 566– 

1742. 

FOR FURTHER INFORMATION CONTACT: For 

general information, contact Dave 

Svendsgaard, Air Quality Policy 

Division, U.S. EPA, Office of Air Quality 

Planning and Standards (C504–03), 

Research Triangle Park, North Carolina 

27711, telephone number (919) 541– 

2380, facsimile number (919) 541–5509, 

electronic mail e-mail address: 

svendsgaard.dave@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through http:// 

www.regulations.gov or e-mail. Clearly 

mark the part or all of the information 

that you claim to be CBI. For CBI 

information in a disk or CD–ROM that 

you mail to EPA, mark the outside of the 

disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 


emcdonald on DSK2BSOYB1PROD with RULES