Federal Register / Vol. 77, No. 231 / Friday, November 30, 2012 / Rules and Regulations 71321 

1. Memorandum for FAP 9M4696 from K. 

Morehouse, FDA, to L. Highbarger, FDA, 

dated August 10, 2010.* 

2. Diehl, J. F., ‘‘Chemical Effects of Ionizing 

Radiation,’’ pp. 43–88, in Safety of 

Irradiated Foods, second edition, Marcel 

Dekker, Inc., New York, 1995. 

3. Memorandum for FAP 9M4696 from E. 

Jensen, FDA, to R. Alrefai, FDA, dated 

December 10, 1999.* 

4. Elias, P.S. and A.J. Cohen, ‘‘Recent 

Advances in Food Irradiation,’’ Elsevier 

Biomedical, Amsterdam, 1983. 

5. World Health Organization, ‘‘High-Dose 

Irradiation: Wholesomeness of Food 

Irradiated With Doses Above 10 kGy,’’ 

World Health Organization Technical 

Report Series No. 890, pp. 9–37, Geneva, 

1999. 

6. Preservation of Food by Ionizing 

Radiation, edited by E.S. Josephson and 

M.S. Peterson, Vol. II, CRC Press, Boca 

Raton, 1982. 

7. Diehl, J.F., ‘‘Radiolytic Effects in Foods,’’ 

pp. 279–357, in Preservation of Food By 

Ionizing Radiation, Vol. I, edited by E.S. 

Josephson and M.S. Peterson, CRC Press, 

Boca Raton, 1982. 

8. Crone, A.V.J., et al., ‘‘Effect of Storage and 

Cooking on the Dose Response of 2- 

Dodecylcyclobutanone, a Potential 

Marker for Irradiated Chicken,’’ Journal 

of the Science of Food and Agriculture, 

58:249–252, 1992. 

9. Gadgil, P., K.A. Hachmeister, J.S. Smith, 

and D.H. Kropf, ‘‘2-Alkylcyclobutanones 

as Irradiation Dose Indicators in 

Irradiated Ground Beef Patties,’’ Journal 

of Agriculture and Food Chemistry, 

50:5746–5750, 2002. 

10. Seibersdorf Project Report, International 

Programme on Irradiation of Fruit and 

Fruit Juices, Chemistry and Isotopes 

Department, National Centre for Nuclear 

Energy, Madrid, Spain, Vol. 8, 1966. 

11. Memorandum for FAP 9M4697 from K. 

Morehouse, FDA, to L. Highbarger, FDA, 

dated February 20, 2008. * 

12. Locas, C. and V.A. Yaylayan, ‘‘Origin and 

Mechanistic Pathways of Formation of 

the Parent Furan—a Toxicant.,’’ Journal 

of Agricultural and Food Chemistry, 

52:6830–6836, 2005. 

13. Fan, X., and K.J.B. Sokorai, ‘‘Effect of 

Ionizing Radiation on Furan Formation 

in Fresh-Cut Fruits and Vegetables.’’ 

Journal of Food Science. 73(2):C79–C83, 

2008. 

14. Memorandum from Food Additives 

Evaluation Branch, FDA (HFS–156), to C. 

Takaguchi, Petition Control Branch, 

FDA, December 28, 1982.* 

15. Memorandum to the file for FAP 4M4428, 

from D. Hattan, FDA, dated November 

18, 1997.* 

16. Underdal, B., J. Nordal, G. Lunde, and B. 

Eggum, ‘‘The Effect of Ionizing Radiation 

on the Nutritional Value of Fish (Cod) 

Protein,’’ Lebensmittel Wissenschaft 

Technologie, 6:90–93, 1973. 

17. Diehl, J.F., ‘‘Nutritional Adequacy of 

Irradiated Foods,’’ pp. 241–282, in Safety 

of Irradiated Foods, Marcel Dekker, New 

York, 1995. 

18. Internal Memorandum for FAP 9M4696 

from J. Newland, FDA, to the file, dated 

July 7, 2000.* 

19. Firstenberg-Eden, R., D.B. Rowley, and 

G.E. Shattuck. ‘‘Factors Affecting Growth 

and Toxin Production by Clostidium 

Botulinum Type E on Irradiated (0.3 

Mrad) Chicken Skins.’’ Journal of Food 

Protection, 47:867–870, 1982. 

20. Matilla-Sandholm, T. and E. Skytta. ‘‘The 

Effect of Spoilage Flora on the Growth of 

Food Pathogens in Minced Meat Stored 

at Chilled Temperature.’’ LebensmittelWissenschaft Technologie, 24:116–120, 

1991. 

List of Subjects in 21 CFR Part 179 

Food additives, Food labeling, Food 

packaging, Radiation protection, 

Reporting and recordkeeping 

requirements, Signs and symbols. 

Therefore, under the Federal Food, 

Drug, and Cosmetic Act and under 

authority delegated to the Commissioner 

of Food and Drugs, 21 CFR part 179 is 

amended as follows: 

PART 179—IRRADIATION IN THE 

PRODUCTION, PROCESSING AND 

HANDLING OF FOOD 

■ 1. The authority citation for 21 CFR 

part 179 continues to read as follows: 

Authority: 21 U.S.C. 321, 342, 343, 348, 

373, 374. 

■ 2. Section 179.26 is amended in the 

table in paragraph (b) by revising entry 

‘‘6.’’ under the headings ‘‘Use’’ and 

‘‘Limitations’’ to read as follows: 

§ 179.26 Ionizing radiation for the 

treatment of food. 

* * * * * 

(b) * * * 

Use Limitations 

*******

6. For control of food-borne pathogens in fresh (refrigerated or unrefrigerated) or frozen, uncooked poultry products that are: (1) Whole carcasses or disjointed portions (or other parts) of such carcasses that are ‘‘ready-tocook poultry’’ within the meaning of 9 CFR 381.l(b) (with or without nonfluid seasoning; includes, e.g., ground 

poultry), or (2) mechanically separated poultry product (a finely comminuted ingredient produced by the mechanical deboning of poultry carcasses or parts of carcasses).

Not to exceed 4.5 kGy for 

non-frozen products; not 

to exceed 7.0 kGy for 

frozen products. 

* * * * * * * 

* * * * * 

Dated: November 27, 2012. 

Leslie Kux, 

Assistant Commissioner for Policy. 

[FR Doc. 2012–28968 Filed 11–29–12; 8:45 am] 

BILLING CODE 4160–01–P 

PENSION BENEFIT GUARANTY 

CORPORATION 

29 CFR Part 4044 

Allocation of Assets in SingleEmployer Plans; Valuation of Benefits 

and Assets; Expected Retirement Age 

AGENCY: Pension Benefit Guaranty 

Corporation. 

ACTION: Final rule. 

SUMMARY: This rule amends the Pension 

Benefit Guaranty Corporation’s 

regulation on Allocation of Assets in 

Single-Employer Plans by substituting a 

new table for determining expected 

retirement ages for participants in 

pension plans undergoing distress or 

involuntary termination with valuation 

dates falling in 2013. This table is 

needed in order to compute the value of 

early retirement benefits and, thus, the 

total value of benefits under a plan. 

DATES: Effective Date: January 1, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Catherine B. Klion, Assistant General 

Counsel for Regulatory Affairs, 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 

Pension Benefit Guaranty Corporation 

(PBGC) administers the pension plan 

termination insurance program under 

Title IV of the Employee Retirement 

Income Security Act of 1974 (ERISA). 

PBGC’s regulation on Allocation of 

Assets in Single-Employer Plans (29 

CFR part 4044) sets forth (in subpart B) 

the methods for valuing plan benefits of 

terminating single-employer plans 

covered under Title IV. Guaranteed 

benefits and benefit liabilities under a 


wreier-aviles on DSK5TPTVN1PROD with 
71322 Federal Register / Vol. 77, No. 231 / Friday, November 30, 2012 / Rules and Regulations 

plan that is undergoing a distress 

termination must be valued in 

accordance with subpart B of part 4044. 

In addition, when PBGC terminates an 

underfunded plan involuntarily 

pursuant to ERISA section 4042(a), it 

uses the subpart B valuation rules to 

determine the amount of the plan’s 

underfunding. 

Under § 4044.51(b) of the asset 

allocation regulation, early retirement 

benefits are valued based on the annuity 

starting date, if a retirement date has 

been selected, or the expected 

retirement age, if the annuity starting 

date is not known on the valuation date. 

Sections 4044.55 through 4044.57 set 

forth rules for determining the expected 

retirement ages for plan participants 

entitled to early retirement benefits. 

Appendix D of part 4044 contains tables 

to be used in determining the expected 

early retirement ages. 

Table I in appendix D (Selection of 

Retirement Rate Category) is used to 

determine whether a participant has a 

low, medium, or high probability of 

retiring early. The determination is 

based on the year a participant would 

reach ‘‘unreduced retirement age’’ (i.e., 

the earlier of the normal retirement age 

or the age at which an unreduced 

benefit is first payable) and the 

participant’s monthly benefit at 

unreduced retirement age. The table 

applies only to plans with valuation 

dates in the current year and is updated 

annually by the PBGC to reflect changes 

in the cost of living, etc. 

Tables II–A, II–B, and II–C (Expected 

Retirement Ages for Individuals in the 

Low, Medium, and High Categories 

respectively) are used to determine the 

expected retirement age after the 

probability of early retirement has been 

determined using Table I. These tables 

establish, by probability category, the 

expected retirement age based on both 

the earliest age a participant could retire 

under the plan and the unreduced 

retirement age. This expected retirement 

age is used to compute the value of the 

early retirement benefit and, thus, the 

total value of benefits under the plan. 

This document amends appendix D to 

replace Table I–12 with Table I–13 in 

order to provide an updated correlation, 

appropriate for calendar year 2013, 

between the amount of a participant’s 

benefit and the probability that the 

participant will elect early retirement. 

Table I–13 will be used to value benefits 

in plans with valuation dates during 

calendar year 2013. 

PBGC has determined that notice of 

and public comment on this rule are 

impracticable and contrary to the public 

interest. Plan administrators need to be 

able to estimate accurately the value of 

plan benefits as early as possible before 

initiating the termination process. For 

that purpose, if a plan has a valuation 

date in 2013, the plan administrator 

needs the updated table being 

promulgated in this rule. Accordingly, 

the public interest is best served by 

issuing this table expeditiously, without 

an opportunity for notice and comment, 

to allow as much time as possible to 

estimate the value of plan benefits with 

the proper table for plans with valuation 

dates in early 2013. 

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 

regulation, the Regulatory Flexibility 

Act of 1980 does not apply (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. Appendix D to part 4044 is 

amended by removing Table I–12 and 

adding in its place Table I–13 to read as 

follows: 

Appendix D to Part 4044—Tables Used 

To Determine Expected Retirement Age 

TABLE I–13—SELECTION OF RETIREMENT RATE CATEGORY

[For plans with valuation dates after December 31, 2012, and before January 1, 2014] 

If participant reaches URA in year— 

Participant’s retirement rate category is— 

Low 1

if monthly 

benefit at 

URA is less 

than— 

Medium 2

if monthly 

benefit at URA is— 

High 3 if 

monthly benefit at URA is 

greater than— From— To— 

2014 ................................................................................................................. 599 599 2,531 2,531 

2015 ................................................................................................................. 611 611 2,582 2,582 

2016 ................................................................................................................. 623 623 2,633 2,633 

2017 ................................................................................................................. 636 636 2,688 2,688 

2018 ................................................................................................................. 649 649 2,745 2,745 

2019 ................................................................................................................. 663 663 2,803 2,803 

2020 ................................................................................................................. 677 677 2,861 2,861 

2021 ................................................................................................................. 691 691 2,922 2,922 

2022 ................................................................................................................. 706 706 2,983 2,983 

2023 or later .................................................................................................... 720 720 3,046 3,046 

1Table II–A. 

2Table II–B. 

3Table II–C. 


wreier-aviles on DSK5TPTVN1PROD with 
Federal Register / Vol. 77, No. 231 / Friday, November 30, 2012 / Rules and Regulations 71323 

* * * * * 

Issued in Washington, DC, this 20th day of 

November, 2012. 

Laricke Blanchard, 

Deputy Director for Policy, Pension Benefit 

Guaranty Corporation. 

[FR Doc. 2012–28892 Filed 11–29–12; 8:45 am] 

BILLING CODE 7709–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 60 and 63 

[EPA–HQ–OAR–2009–0234; EPA–HQ–OAR– 

2011–0044; FRL–9733–2] 

RIN 2060–AR62 

Reconsideration of Certain New 

Source and Startup/Shutdown Issues: 

National Emission Standards for 

Hazardous Air Pollutants From Coaland Oil-Fired Electric Utility Steam 

Generating Units and Standards of 

Performance for Fossil-Fuel-Fired 

Electric Utility, Industrial-CommercialInstitutional, and Small IndustrialCommercial-Institutional Steam 

Generating Units 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rules; notice of public 

hearing. 

SUMMARY: On February 16, 2012, 

pursuant to sections 111 and 112 of the 

Clean Air Act (CAA), the EPA published 

the final rules titled ‘‘National Emission 

Standards for Hazardous Air Pollutants 

from Coal- and Oil-fired Electric Utility 

Steam Generating Units and Standards 

of Performance for Fossil-Fuel-Fired 

Electric Utility, Industrial-CommercialInstitutional, and Small IndustrialCommercial-Institutional Steam 

Generating Units.’’ The National 

Emission Standards for Hazardous Air 

Pollutants (NESHAP) rule issued 

pursuant to CAA section 112 is referred 

to as the Mercury and Air Toxics 

Standards (MATS), and the New Source 

Performance Standards rule issued 

pursuant to CAA section 111 is referred 

to as the Utility NSPS. The 

Administrator received petitions for 

reconsideration of certain aspects of 

MATS and the Utility NSPS. In this 

notice, the EPA is announcing 

reconsideration of certain new source 

standards for MATS, the requirements 

applicable during periods of startup and 

shutdown for MATS, the startup and 

shutdown provisions related to the 

particulate matter (PM) standard in the 

Utility NSPS, and certain revisions to 

the definitional and monitoring 

provisions of the Utility NSPS. We are 

also proposing certain technical 

corrections to both MATS and the 

Utility NSPS. 

We seek comment only on the aspects 

of the final MATS and Utility NSPS 

rules specifically identified in this 

notice. We are not opening for 

reconsideration any other provisions of 

MATS or the Utility NSPS at this time. 

DATES: Comments. Comments must be 

received on or before December 31, 

2012. Because of the need to resolve the 

issues identified in this notice in a 

timely manner, the EPA does not intend 

to grant requests for extensions beyond 

this date. 

Public Hearing. If anyone contacts the 

EPA by December 10, 2012 requesting to 

speak at a public hearing, the EPA will 

hold a public hearing on December 18, 

2012. If a public hearing is held, it will 

be held from 9:00 a.m. to 7:00 p.m., 

Eastern time, in Room 1153 EPA East 

Hearing room, 1201 Constitution 

Avenue NW., Washington, DC 20460, 

(202) 564–1657. For further information 

on the public hearing and requests to 

speak, see the ADDRESSES section of this 

preamble. 

ADDRESSES: Comments. Submit your 

comments, identified by Docket ID. No. 

EPA–HQ–OAR–2011–0044 (NSPS 

action) or Docket ID No. EPA–HQ– 

OAR–2009–0234 (NESHAP/MATS 

action), by one of the following 

methods: 

• http://www.regulations.gov. Follow 

the instructions for submitting 

comments. 

• http://www.epa.gov/oar/ 

docket.html. Follow the instructions for 

submitting comments on the EPA Air 

and Radiation Docket Web Site. 

• Email: Comments may be sent by 

electronic mail (email) to a-and-rdocket@epa.gov, Attention EPA–HQ– 

OAR–2011–0044 (NSPS action) or EPA– 

HQ–OAR–2009–0234 (NESHAP/MATS 

action). 

• Fax: Fax your comments to: (202) 

566–9744, Docket ID No. EPA–HQ– 

OAR–2011–0044 (NSPS action) or 

Docket ID No. EPA–HQ–OAR–2009– 

0234 (NESHAP/MATS action). 

• Mail: Send your comments on the 

NESHAP/MATS action to: EPA Docket 

Center (EPA/DC), Environmental 

Protection Agency, Mailcode: 2822T, 

1200 Pennsylvania Ave. NW., 

Washington, DC 20460, Docket ID No. 

EPA–HQ–OAR–2009–0234. Send your 

comments on the NSPS action to: EPA 

Docket Center (EPA/DC), Environmental 

Protection Agency, Mailcode: 2822T, 

1200 Pennsylvania Ave. NW., 

Washington, DC 20460, Docket ID. EPA– 

HQ–OAR–2011–0044. Please include a 

total of two copies. In addition, please 

mail a copy of your comments on the 

information collection provisions to the 

Office of Information and Regulatory 

Affairs, OMB, Attn: Desk Officer for 

EPA, 725 17th St. NW., Washington, DC 

20503. 

• Hand Delivery or Courier: Deliver 

your comments to: EPA Docket Center, 

EPA West, Room 3334, 1301 

Constitution Ave. NW., Washington, DC 

20460. Please include a total of two 

copies. Such deliveries are only 

accepted during the Docket’s normal 

hours of operation (8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holiday), and special arrangements 

should be made for deliveries of boxed 

information. 

Instructions. All submissions must 

include agency name and respective 

docket number or Regulatory 

Information Number (RIN) for this 

rulemaking. All comments will be 

posted 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 email. The 

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

an ‘‘anonymous access’’ system, which 

means the EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to the EPA without 

going through http:// 

www.regulations.gov, your email 

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, the 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 the EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, the 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. 

Public Hearing. If anyone contacts 

EPA by December 10, 2012 requesting to 

speak at a public hearing, the EPA will 

hold a public hearing on December 18, 

2012. If a public hearing is held, it will 

be held from 9:00 a.m. to 7:00 p.m., 

Eastern time in Room 1153 EPA East 

Hearing room, 1201 Constitution 


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