63408 Federal Register / Vol. 63, No. 219 / Friday, November 13, 1998 /Rules and Regulations

objection. Each numbered objection for

which a hearing is requested shall

include a detailed description and

analysis of the specific factual

information intended to be presented in

support of the objection in the event

that a hearing is held. Failure to include

such a description and analysis for any

particular objection shall constitute a

waiver of the right to a hearing on the

objection. Three copies of all documents

shall be submitted and shall be

identified with the docket number

found in brackets in the heading of this

document. Any objection received in

response to the regulation may be seen

in the Dockets Management Branch

between 9 a.m. and 4 p.m., Monday

through Friday.

VII. References

The following references have been

placed on display in the Dockets

Management Branch (address above)

and may be seen by interested persons

between 9 a.m. and 4 p.m., Monday

through Friday.

1. Memorandum from the Chemistry

Review Branch, FDA, to the Indirect

Additives Branch, FDA, concerning ‘‘FAP

6B4501 (MATS M2.0 & 2.1): BASF Corp.,

‘‘Safe Use of Polymin SB as a Retention

Agent in the Manufacture of Paper and

Paperboard to be Made Into Dry Food

Containers,’’ dated September 18, 1996.

2. Kokoski, C. J., ‘‘Regulatory Food

Additive Toxicology,’’ in Chemical Safety

Regulation and Compliance, edited by F.

Homburger, J. K. Marquis, and S. Karger,

New York, NY, pp. 24–33, 1985.

3. Dunkelberg, H., ‘‘Carcinogenicity of

Ethylene Oxide and 1,2-Propylene Oxide

Upon Intragastric Administration to Rats,’’

British Journal of Cancer, 46: pp. 924–933,

1982.

4. Memorandum from the Indirect

Additives Branch, FDA, to the Executive

Secretary, Quantitative Risk Assessment

Committee, FDA, concerning ‘‘Estimation of

Upper-bound Lifetime Risk From

Ethyleneimine, Epichlorohydrin, Ethylene

Oxide and 1,4-dioxane in an Aqueous

Solution of Either One or a Mixture of the

Following Two Polymers;

Formate salt form: Hexanedioic acid with

N-(2-aminoethyl)-1,3-propanediamine,

aziridine, (chloromethyl)oxirane, 1,2-

ethanediamine, N,N′′-1,2-ethanediylbis[1,3-

propanediamine] formic acid and α-hydro-ωhydroxypoly(oxy-1,2-ethanediyl) [CAS Reg.

No. 114133–44–7].

Sulfate salt form: Hexanedioic acid with N-

(2-aminoethyl)-1,3-propanediamine,

aziridine, (chloromethyl)oxirane, 1,2-

ethanediamine, N,N′′-1,2-ethanediylbis[1,3-

propanediamine] and α-hydro-ωhydroxypoly(oxy-1,2-ethanediyl), sulfate salt

[CAS Reg. No. 16768–43–5].’’Subject of Food

Additive Petition No. 6B4501 (BASF Corp.),

dated October 17, 1996.

5. ‘‘Bioassay of 1,4–Dioxane for Possible

Carcinogenicity,’’ National Cancer Institute,

NCI–CG–TR–80, 1978.

6. Konishi, Y. et al., ‘‘Forestomach Tumors

Induced by Orally Administered

Epichlorohydrin in Male Wistar Rats,’’ Gann

71:922–923, 1980.

7. Innes, J. R. M. et al., ‘‘Bioassay of

Pesticide Chemicals for Tumorigenicity in

Mice: A Preliminary Note,’’ Journal of

National Cancer Institute, 42:1101, 1969.

List of Subjects in 21 CFR Part 176

Food additives, Food packaging.

Therefore, under the Federal Food,

Drug, and Cosmetic Act and under

authority delegated to the Commissioner

of Food and Drugs, 21 CFR part 176 is

amended as follows:

PART 176—INDIRECT FOOD

ADDITIVES: PAPER AND

PAPERBOARD COMPONENTS

1. The authority citation for 21 CFR

part 176 continues to read as follows:

Authority: 21 U.S.C. 321, 342, 346, 348,

379e.

2. Section 176.180 is amended in the

table in paragraph (b)(2) by

alphabetically adding an entry under

the heading ‘‘List of substances’’ to read

as follows:

§ 176.180 Components of paper and

paperboard in contact with dry food.

* * * * *

(b) * * *

(2) * * *

List of substances Limitations

* * * * * * *

Polyamide-ethyleneimine-epichlorohydrin resin is prepared by reacting

equimolar amounts of adipic acid and three amines (21 mole percent

of 1,2-ethanediamine, 51 mole percent of N-(2-aminoethyl)-1,3-

propanediamine, and 28 mole percent of N, N′-1,2-ethanediylbis(1,3-

propanediamine)) to form a basic polyamidoamine which is modified

by reaction with ethyleneimine (5.5:1.0

ethyleneimine:polyamidoamine). The modified polyamidoamine is reacted with a crosslinking agent made by condensing approximately

34 ethylene glycol units with (chloromethyl)oxirane, followed by pH

adjustment with formic acid or sulfuric acid to provide a finished product as a formate (CAS Reg. No. 114133–44–7) or a sulfate (CAS

Reg. No. 167678–43–5), having a weight-average molecular weight

of 1,300,000 and a number-average molecular weight of 16,000.

* * * * * * *

Dated: November 2, 1998.

William K. Hubbard,

Associate Commissioner for Policy

Coordination.

[FR Doc. 98–30296 Filed 11–12–98; 8:45 am]

BILLING CODE 4160–01–F

PENSION BENEFIT GUARANTY

CORPORATION

29 CFR Part 4044

Allocation of Assets in SingleEmployer Plans; Interest Assumptions

for Valuing Benefits

AGENCY: Pension Benefit Guaranty

Corporation.

ACTION: Final rule.

SUMMARY: The Pension Benefit Guaranty

Corporation’s regulation on Allocation

of Assets in Single-Employer Plans

prescribes interest assumptions for

valuing benefits under terminating

single-employer plans. This final rule

amends the regulation to adopt interest

assumptions for plans with valuation

dates in December 1998.
Federal Register / Vol. 63, No. 219 / Friday, November 13, 1998 /Rules and Regulations 63409

EFFECTIVE DATE: December 1, 1998.

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. (For TTY/TDD

users, 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 regulation on Allocation of

Assets in Single-Employer Plans (29

CFR part 4044) prescribes actuarial

assumptions for valuing plan benefits of

terminating single-employer plans

covered by title IV of the Employee

Retirement Income Security Act of 1974.

Among the actuarial assumptions

prescribed in part 4044 are interest

assumptions. These interest

assumptions are intended to reflect

current conditions in the financial and

annuity markets.

Two sets of interest assumptions are

prescribed, one set for the valuation of

benefits to be paid as annuities and one

set for the valuation of benefits to be

paid as lump sums. This amendment

adds to appendix B to part 4044 the

annuity and lump sum interest

assumptions for valuing benefits in

plans with valuation dates during

December 1998.

For annuity benefits, the interest

assumptions will be 5.40 percent for the

first 25 years following the valuation

date and 5.25 percent thereafter. The

annuity interest assumptions represent

an increase (from those in effect for

November 1998) of 0.10 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 4.00 percent for the period

during which a benefit is in pay status

and during any years preceding the

benefit’s placement in pay status. The

lump sum interest assumptions

represent an increase (from those in

effect for November 1998) of 0.25

percent for the period during which a

benefit is in pay status; 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 December 1998, 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—ALLOCATION OF

ASSETS IN SINGLE-EMPLOYER

PLANS

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 62 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=

* * * * * * *

December 1998 ..................................................................... .0540 1–25 .0525 ≤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

* * * * * * *

62 12–1–98 01–1–99 4.00 4.00 4.00 4.00 7 8
63410 Federal Register / Vol. 63, No. 219 / Friday, November 13, 1998 /Rules and Regulations

1Among other things, the pre-amendment

guidance consists of those portions of the proposed

Post-1987 ozone and carbon monoxide policy that

concern RACT, 52 FR 45044 (November 24, 1987);

‘‘Issues Relating to VOC Regulation Cutpoints,

Deficiencies, and Deviations, Clarification to

Appendix D of November 24, 1987 Federal Register

Notice’’ (Blue Book) (notice of availability was

published in the Federal Register on May 25, 1988);

and the existing control technique guidelines

(CTGs)

Issued in Washington, DC, on this 6th day

of November, 1998.

John Seal,

Acting Executive Director, Pension Benefit

Guaranty Corporation.

[FR Doc. 98–30448 Filed 11–12–98; 8:45 am]

BILLING CODE 7708–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA 198–0099a; FRL–6184–4]

Approval and Promulgation of

Implementation Plans; California State

Implementation Plan Revision, Kern

County Air Pollution Control District,

Placer County Air Pollution Control

District, San Joaquin Valley Unified Air

Pollution Control District, Sacramento

Metropolitan Air Quality Management

District, and Santa Barbara County Air

Pollution Control District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final

action on revisions to the California

State Implementation Plan. The

revisions concern rules from the

following Districts: Kern County Air

Pollution Control District (KNCAPCD),

Placer County Air Pollution Control

District (PLCAPCD), San Joaquin Valley

Unified Air Pollution Control District

(SJVUAPCD), Sacramento Metropolitan

Air Quality Management District

(SMAQMD), and Santa Barbara County

Air Pollution Control District

(SBCAPCD). This approval action will

incorporate these rules into the federally

approved SIP. The intended effect of

approving these rules is to regulate

emissions of volatile organic

compounds (VOCs) in accordance with

the requirements of the Clean Air Act,

as amended in 1990 (CAA or the Act).

The revised rules control VOC

emissions from motor vehicle and

mobile equipment refinishing, graphic

arts, paper or fabric coating, and screen

printing. Thus, EPA is finalizing the

approval of these revisions into the

California SIP under provisions of the

CAA regarding EPA action on SIP

submittals, SIPs for national primary

and secondary ambient air quality

standards and plan requirements for

nonattainment areas.

DATES: This rule is effective on January

12, 1999, without further notice, unless

EPA receives adverse by December 14,

1998. If EPA received such comment,

then it will publish a timely withdrawal

in the Federal Register informing the

public that this rule will not take effect.

ADDRESSES: Comments must be

submitted to Andrew Steckel at the

Region IX office listed below. Copies of

the rule revisions and EPA’s evaluation

report for each rule are available for

public inspection at EPA’s Region IX

office during normal business hours.

Copies of the submitted rule revisions

are available for inspection at the

following locations:

Rulemaking Office (AIR–4), Air Division,

U.S. Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105

Environmental Protection Agency, Air

Docket (6102), 401 ‘‘M’’ Street, S.W.,

Washington, D.C. 20460

California Air Resources Board, Stationary

Source Division, Rule Evaluation Section,

2020 ‘‘L’’ Street, Sacramento, CA 95812

Kern County Air Pollution Control District,

2700 M Street, Suite 302, Bakersfield, CA

93301

Placer County Air Pollution Control District,

11464 B Avenue, Auburn, CA 95603

San Joaquin Valley Unified Air Pollution

Control District, 1999 Tuolumne Street,

Suite 200, Fresno, CA 93721

Sacramento Metropolitan Air Quality

Management District, 8411 Jackson Road,

Sacramento, CA 95826

Santa Barbara County Air Pollution Control

District, 26 Castilian Drive B–23, Goleta,

CA 93117

FOR FURTHER INFORMATION CONTACT:

Andrew Steckel, Rulemaking Office,

AIR–4, Air Division, U.S.

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105, Telephone: (415)

744–1185.

SUPPLEMENTARY INFORMATION:

I. Applicability

The rules being approved into the

California SIP include: KNCAPCD Rule

410.4A—Motor Vehicle and Mobile

Equipment Refinishing Operations and

Rule 410.7—Graphic Arts, PLCAPCD

Rule 239—Graphic Arts, SJVUAPCD

Rule 4602—Motor Vehicle and Mobile

Equipment Coating Operations and Rule

4607—Graphic Arts, SMAQMD Rule

450—Graphic Arts and Rule 459—

Automotive, Truck and Heavy

Equipment Refinishing Operations, and

SBCAQMD Rule 339—Motor Vehicle

and Mobile Equipment Coating

Operations. These rules were submitted

by the California Air Resources Board

(CARB) to EPA on May 10, 1996 (410.4A

and 410.7), August 1, 1997 (239), March

10, 1998 (4602, 4607 and 339), and May

18, 1998 (450 and 459).

II. Background

On March 3, 1978, EPA promulgated

a list of ozone nonattainment areas

under the provisions of the Clean Air

Act, as amended in 1977 (1977 Act or

pre-amended Act), that included the

Southeast Desert Modified Air Quality

Management Area portion of Kern

County, the Sacramento Metro Area,

which includes portions of El Dorado

and Placer Counties, the San Joaquin

Valley Air Basin, and the Santa BarbaraSanta Maria-Lompoc Area (Santa

Barbara County). 43 FR 8964, 40 CFR

81.305. On May 26, 1988, EPA notified

the Governor of California, pursuant to

section 110(a)(2)(H) of the 1977 Act, that

the above districts’ portions of the

California SIP were inadequate to attain

and maintain the ozone standard and

requested that deficiencies in the

existing SIP be corrected (EPA’s SIPCall). On November 15, 1990, the Clean

Air Act Amendments of 1990 were

enacted. Public Law 101–549, 104 Stat.

2399, codified at 42 U.S.C. 7401–7671q.

In amended section 182(a)(2)(A) of the

CAA, Congress statutorily adopted the

requirement that nonattainment areas

fix their deficient reasonably available

control technology (RACT) rules for

ozone and established a deadline of May

15, 1991 for states to submit corrections

of those deficiencies.

Section 182(a)(2)(A) applies to areas

designated as nonattainment prior to

enactment of the amendments and

classified as marginal or above as of the

date of enactment. It requires such areas

to adopt and correct RACT rules

pursuant to pre-amended section 172(b)

as interpreted in pre-amendment

guidance.1 EPA’s SIP-Call used that

guidance to indicate the necessary

corrections for specific nonattainment

areas. The Sacramento Metro Area is

classified as severe, the San Joaquin

Valley Air Basin and all of Kern County

is classified as serious, and the Santa

Barbara-Santa Maria-Lompoc Area is

classified as moderate; therefore, these

areas were subject to the RACT fix-up

requirement and the May 15, 1991

deadline. However, the Southeast Desert

Air Basin portion of Kern County was

not a pre-amendment nonattainment

area and, therefore was not designated

and classified upon enactment of the

amended ACT. For this reason

KNCAPCD is not subject to the section

182(a)(2)(A) RACT fix-up requirement.

The KNCAPCD is, however, still subject