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 


jdjones on DSK8KYBLC1PROD with RULES
69590 Federal Register / Vol. 75, No. 219 / Monday, November 15, 2010 / Rules and Regulations 

EPA’s proposed action are explained in 

the proposed rulemaking published on 

August 2, 2010 (75 FR 45076) and will 

not be restated here. 

In addition, EPA is determining that 

the 1997 PM2.5 NAAQS has been 

attained for the NY-NJ-CT fine particle 

(PM2.5) nonattainment area by the initial 

attainment date of no later than April 5, 

2010 as required under the provisions of 

EPA’s PM2.5 implementation rule (see 40 

CFR 51.1004). 

EPA notes that the State of New York 

provided information in support of the 

Clean Data Determination which EPA 

considered in this action. On June 9, 

2010, EPA received a Clean Data 

petition from New York, requesting a 

determination that the New York State 

portion of the NY-NJ-CT fine particle 

(PM2.5) nonattainment area for the 1997 

PM2.5 NAAQS has attained the 1997 

PM2.5 NAAQS. In the petition, New 

York provided additional technical 

information supporting a Clean Data 

determination for the area, including a 

list of Federal and State emission 

control measures that have contributed 

to attainment of the 1997 PM2.5 NAAQS, 

and a listing of annual PM2.5 design 

values for the 2007–09 time period for 

air monitors located in the NY-NJ-CT 

fine particle (PM2.5) nonattainment area. 

New York also provided an estimate of 

design values for sites that had less than 

complete air monitoring data due to site 

closure. The additional information 

provided by New York is further 

discussed in the Technical Support 

document (TSD), and is available in the 

docket. 

II. What comments were received and 

what is EPA’s response? 

No public comments were received in 

response to the proposal. 

III. What is the effect of this action? 

This final action, in accordance with 

40 CFR 51.1004(c), suspends the 

requirements for this area to submit an 

attainment demonstration, associated 

reasonably available control measures, 

reasonable further progress plans (RFP), 

contingency measures, and other 

planning State implementation plans 

(SIPs) related to attainment of the 1997 

PM2.5 NAAQS for so long as the area 

continues to attain the 1997 PM2.5

NAAQS. 

This action does not constitute a 

redesignation to attainment under 

section 107(d)(3) of the Clean Air Act 

(CAA), because the area does not have 

an approved maintenance plan as 

required under section 175A of the 

CAA, nor a determination that the area 

has met the other requirements for 

redesignation. The designation status of 

the area remains nonattainment for the 

1997 annual PM2.5 NAAQS until such 

time as EPA determines that it meets the 

CAA requirements for redesignation to 

attainment. 

IV. Final Action 

EPA is determining that 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 

that the area has monitored attainment 

of the 1997 PM2.5 NAAQS for the 2007– 

2009 monitoring period. This final 

action, in accordance with 40 CFR 

51.1004(c), will suspend the 

requirements for this area to submit an 

attainment demonstration, associated 

reasonably available control measures, 

RFP, contingency measures, and other 

planning SIPs related to attainment of 

the 1997 PM2.5 NAAQS for so long as 

the area continues to attain the 1997 

PM2.5 NAAQS. 

V. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is not subject to 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action makes a 

determination based on air quality data, 

and results in the suspension of certain 

Federal requirements. Accordingly, the 

Administrator certifies 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.). Because this 

rule makes a determination based on air 

quality data, and results in the 

suspension of certain Federal 

requirements, it does not contain any 

unfunded mandate or significantly or 

uniquely affect small governments, as 

described in the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4). 

This rule also does not have Tribal 

implications because it will not have a 

substantial direct effect on one or more 

Indian Tribes, on the relationship 

between the Federal Government and 

Indian Tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian Tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

action also does not have Federalism 

implications because it does not 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, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999), because it merely 

makes a determination based on air 

quality data and results in the 

suspension of certain Federal 

requirements, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

Clean Air Act (CAA). This rule also is 

not subject to Executive Order 13045 

‘‘Protection of Children from 

Environmental Health Risks’’ (62 FR 

19885, April 23, 1997) because it 

determines that air quality in the 

affected area is meeting Federal 

standards. 

The requirements of section 12(d) of 

the National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply because it would 

be inconsistent with applicable law for 

EPA, when determining the attainment 

status of an area, to use voluntary 

consensus standards in place of 

promulgated air quality standards and 

monitoring procedures otherwise 

satisfying the provisions of the CAA. 

This rule does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

Under Executive Order 12898, EPA 

finds that this rule involves a 

determination of attainment based on 

air quality data and will not have 

disproportionately high and adverse 

human health or environmental effects 

on any communities in the area, 

including minority and low-income 

communities. 

B. Submission to Congress and the 

Comptroller General 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 


jdjones on DSK8KYBLC1PROD with RULES
Federal Register / Vol. 75, No. 219 / Monday, November 15, 2010 / Rules and Regulations 69591 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

C. Petitions for Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by January 14, 2011. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action, 

pertaining to the NY-NJ-CT PM2.5

nonattainment area clean data 

determination, may not be challenged 

later in proceedings to enforce its 

requirements. (See section 307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Particulate matter. 

Dated: October 19, 2010. 

H. Curtis Spalding, 

Acting Regional Administrator, Region I. 

Dated: September 29, 2010. 

Judith A. Enck, 

Acting Regional Administrator, Region II. 

■ Part 52, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart H—Connecticut 

■ 2. Section 52.379 is amended by 

redesignating the introductory 

paragraph as paragraph (a) and adding 

a new paragraph (b) to read as follows: 

§ 52.379 Control strategy: PM2.5. 

(a) * * * 

(b) Determination of Attainment. EPA 

has determined, as of December 15, 

2010, that the New York-Northern New 

Jersey-Long Island, NY-NJ-CT fine 

particle (PM2.5) nonattainment area has 

attained the 1997 PM2.5 National 

Ambient Air Quality Standard. This 

determination, in accordance with 40 

CFR 51.1004(c), suspends the 

requirements for this area to submit an 

attainment demonstration, associated 

reasonably available control measures, a 

reasonable further progress plan, 

contingency measures, and other 

planning SIPs related to attainment of 

the standard for as long as the area 

continues to attain the 1997 PM2.5

NAAQS. 

Subpart FF—New Jersey 

■ 3. Section 52.1602 is amended by 

adding new paragraph (c) to read as 

follows: 

§ 52.1602 Control strategy and 

regulations: PM2.5. 

* * * * * 

(c) Determination of Attainment. EPA 

has determined, as of December 15, 

2010, that the New York-Northern New 

Jersey-Long Island, NY-NJ-CT fine 

particle (PM2.5) nonattainment area has 

attained the 1997 PM2.5 National 

Ambient Air Quality Standard. This 

determination, in accordance with 40 

CFR 51.1004(c), suspends the 

requirements for this area to submit an 

attainment demonstration, associated 

reasonably available control measures, a 

reasonable further progress plan, 

contingency measures, and other 

planning SIPs related to attainment of 

the standard for as long as the area 

continues to attain the 1997 PM2.5

NAAQS. 

Subpart HH—New York 

■ 4. Section 52.1678 is amended by 

adding new paragraph (e) to read as 

follows: 

§ 52.1678 Control strategy and 

regulations: Particulate matter. 

* * * * * 

(e) Determination of Attainment. EPA 

has determined, as of December 15, 

2010, that the New York-Northern New 

Jersey-Long Island, NY-NJ-CT fine 

particle (PM2.5) nonattainment area has 

attained the 1997 PM2.5 National 

Ambient Air Quality Standard. This 

determination, in accordance with 40 

CFR 51.1004(c), suspends the 

requirements for this area to submit an 

attainment demonstration, associated 

reasonably control available measures, a 

reasonable further progress plan, 

contingency measures, and other 

planning SIPs related to attainment of 

the standard for as long as the area 

continues to attain the 1997 PM2.5

NAAQS. 

[FR Doc. 2010–28504 Filed 11–12–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 447 

[CMS–2238–F2] 

RIN 0938–AP67 

Medicaid Program; Withdrawal of 

Determination of Average 

Manufacturer Price, Multiple Source 

Drug Definition, and Upper Limits for 

Multiple Source Drugs 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Final rule. 

SUMMARY: This final rule withdraws two 

provisions from the ‘‘Medicaid Program; 

Prescription Drugs’’ final rule (referred 

to hereafter as ‘‘AMP final rule’’) 

published in the July 17, 2007 Federal 

Register. The provisions we are 

withdrawing are as follows: The 

determination of average manufacturer 

price, and the Federal upper limits for 

multiple source drugs. We are also 

withdrawing the definition of ‘‘multiple 

source drug’’ as it was revised in the 

‘‘Medicaid Program; Multiple Source 

Drug Definition’’ final rule published in 

the October 7, 2008 Federal Register. 

DATES: Effective Date: These regulations 

are effective on December 15, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Wendy Tuttle, (410) 786–8690. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On September 3, 2010, we published 

a proposed rule (75 FR 54073) in the 

Federal Register to withdraw two 

provisions from the ‘‘Medicaid Program; 

Prescription Drugs’’ final rule published 

in the July 17, 2007 Federal Register (72 

FR 39142) (referred to hereafter as ‘‘AMP 

final rule’’). The provisions we proposed 

to withdraw are as follows: 

• Section 447.504 ‘‘Determination of 

AMP.’’ 

• Section 447.514 ‘‘Upper limits for 

multiple source drugs.’’ 

We also proposed to withdraw the 

definition of ‘‘multiple source drug’’ as 

it was revised in the ‘‘Medicaid Program; 

Multiple Source Drug Definition’’ final 

rule published in the October 7, 2008 

Federal Register (73 FR 58491). 

The AMP final rule, published in the 

July 17, 2007 Federal Register (72 FR 

39142), implemented sections 6001(a) 

through (d), 6002, and 6003 of the 

Deficit Reduction Act of 2005 (Pub. L. 

109–171, enacted on February 8, 2006) 

(DRA) as well as codified parts of 


jdjones on DSK8KYBLC1PROD with RULES