Federal Register / Vol. 88, No. 249 / Friday, December 29, 2023 / Rules and Regulations 90121 

imminence of the effective date, seeking 

prior notice and the opportunity for 

public comment on this delay is 

impractical. Specifically, if prior notice 

and opportunity for public comment are 

required to delay the effective date to 

February 16, 2025, this final rule will 

not be issued prior to February 16, 2024. 

As a result, the current final rule will 

become effective February 16, 2024, and 

ambulance providers without contracts 

in place would be subject to those 

payment methodologies until contracts 

have been implemented. For those 

entities engaged in the contracting 

process, this is likely to cause confusion 

and uncertainty. 

VA also finds that prior notice and 

opportunity for comment would be 

contrary to the public interest because it 

could adversely impact veteran care or 

result in veterans being billed directly 

for services. Under the new regulation, 

VA will pay the lesser of actual charge 

associated with an air ambulance 

service, or the CMS ambulance fee 

schedule rate for that service, unless a 

separate rate has been established based 

on local contracts between air 

ambulance providers and local VA 

medical centers. As discussed above, 

since publication of the final rule, VA 

has received feedback that more time is 

necessary to accommodate unforeseen 

difficulties in air ambulance broker 

contracting, which relate to air 

ambulance brokers requiring a contract 

or subcontract in place with all 

potential air ambulance providers that 

covers emergency, non-VA initiated 

trips. The negotiation and 

implementation of these contracts will 

not be completed by February 16, 2024. 

As a result, absent the delayed effective 

date, the current final rule will go into 

effect on February 16, 2024, and 

ambulance providers would be subject 

to those payment methodologies until 

contracts have been implemented. This 

could be especially concerning for those 

entities whose negotiated rates could be 

higher than the applicable CMS 

ambulance fee schedule rate in the 

event VA determines it may be justified 

based on local considerations, such as 

for rural areas. Air ambulance providers 

contend that the Medicare 

reimbursement rate that would apply 

absent a contract is unsustainable for 

their business operations, potentially 

leading to reduction in the availability 

of air ambulance services for veterans. 

While VA is not aware that veterans are 

currently receiving preferential 

treatment from air ambulance providers 

by virtue of VA paying billed charges, 

or that such preferential treatment 

would stop were VA to pay CMS 

ambulance fee schedule rates in the 

absence of a contract, VA acknowledges 

that there is a risk that veterans could 

be billed directly for the difference 

between the Medicare rate that VA pays 

for emergency, non-VA initiated trips 

and the amount billed by the ambulance 

provider. For these reasons, VA finds 

that good cause exists to dispense with 

the prior notice and public comment 

procedures for this final rule, as it 

concludes that such procedures are 

impracticable and contrary to the public 

interest pursuant to 5 U.S.C. 553(b)(B). 

Signing Authority 

Denis McDonough, Secretary of 

Veterans Affairs, approved and signed 

this document on December 22, 2023, 

and authorized the undersigned to sign 

and submit the document to the Office 

of the Federal Register for publication 

electronically as an official document of 

the Department of Veterans Affairs. 

Jeffrey M. Martin, 

Assistant Director, Office of Regulation Policy 

& Management, Office of General Counsel, 

Department of Veterans Affairs. 

[FR Doc. 2023–28726 Filed 12–28–23; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2022–0907; FRL–11174– 

02–R6] 

Air Plan Approval; Arkansas; 

Revisions to Rule 19 of the Arkansas 

Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Pursuant to the Federal Clean 

Air Act (CAA or the Act), the 

Environmental Protection Agency (EPA) 

is approving portions of the revisions to 

the Arkansas State Implementation Plan 

(SIP) including revisions to the 

Arkansas Pollution Control and Ecology 

Commission’s (‘‘Commission’’ or 

APC&EC) Rule No. 19, Rules of the 

Arkansas Plan of Implementation for 

Air Pollution Control submitted by the 

Arkansas Department of Energy and 

Environment, Division of 

Environmental Quality (DEQ) via the 

Arkansas Governor’s Office on June 22, 

2022. Most of the revisions are 

administrative in nature and make the 

SIP current with Federal rules. 

DATES: This rule is effective on January 

29, 2024. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2022–0907. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., Confidential Business 

Information or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet. Publicly available docket 

materials are available electronically 

through https://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Clovis Steib, EPA Region 6 Office, 

Infrastructure and Ozone Section, 214– 

665–7566, steib.clovis@epa.gov. Please 

call or email the contact listed above if 

you need alternative access to material 

indexed but not provided in the docket. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ means the EPA. 

I. Background 

The background for this action is 

discussed in detail in our August 22, 

2023, proposal (88 FR 57014) and the 

accompanying Technical Support 

Document (TSD), available in the docket 

for this rule. In our August 2023 

proposal we proposed to approve 

portions of the revisions to the Arkansas 

State Implementation Plan (SIP) 

including revisions to the Arkansas 

Pollution Control and Ecology 

Commission’s Regulation No. 19, Rules 

of the Arkansas Plan of Implementation 

for Air Pollution Control submitted by 

the Arkansas Department of Energy and 

Environment, Division of 

Environmental Quality (ADEQ) via the 

Arkansas Governor’s Office on June 22, 

2022. The proposal included revisions 

to remove certain outdated provisions 

and update other provisions that are 

incorporated into Regulation 19. 

Specific provisions to be partially 

repealed are those in Chapter 10 of 

APC&EC Regulation 19 regarding the 

control of volatile organic compounds 

(VOC) from certain source categories in 

Pulaski County, and provisions repealed 

from the Clean Air Interstate Rule 

(CAIR) in Chapter 14, and informational 

provisions regarding sources eligible or 

subject to best available retrofit 

technology (BART) requirements for 

Regional Haze in Chapter 15. All of the 

repealed provisions were either 

superseded by other rules or otherwise 

no longer necessary. One of the 

revisions restructured the regulations 

and organized them as ‘‘rules,’’ such 

that ‘‘Regulation No. 19’’ became ‘‘Rule 

No. 19,’’ Rules of the Arkansas Plan of 


ddrumheller on DSK120RN23PROD with RULES1
90122 Federal Register / Vol. 88, No. 249 / Friday, December 29, 2023 / Rules and Regulations 

1See https://www.epa.gov/environmentaljustice/ 

learn-about-environmental-justice. 

2https://www.epa.gov/environmentaljustice/ 

learn-about-environmental-justice. 

Implementation for Air Pollution 

Control, with corresponding chapters 

and appendices. Most of the revisions 

are administrative in nature and make 

the Arkansas SIP current with 

applicable Federal Rules. We did not 

receive any comments during the 

requisite comment period regarding our 

August 2023 proposal. 

II. Final Action 

We are approving portions of the 

revisions submitted by the State of 

Arkansas on June 22, 2022. We are 

finalizing the action without changes 

from our August 2023 proposal. 

Specifically, we are approving the 

following submitted revisions to 

Regulation 19: Revisions to Chapters 1, 

2, 3, 4, 5, 6, 7, 9, 11, 13, 15, and 

Appendices A and B; the partial repeal 

of Regulation 19, Chapter 10 and repeal 

of Regulation 19, Chapters 14, and 16; 

and the new provision of Regulation 19, 

Chapter 18. Finally, we are approving 

the revision to rename Regulation 19 as 

Rule 19. These changes reflect the 

current organizational structure of 

ADEQ, remove outdated information, 

and make non-substantive formatting 

edits. This action is being taken under 

section 110 of the Act. 

III. Environmental Justice 

Consideration 

The EPA reviewed demographic data 

for groups of populations living within 

Pulaski County, Arkansas. The EPA 

then compared the data to the State of 

Arkansas and the national average for 

each of the demographic groups. The 

result of this analysis is discussed in 

detail in our proposal; and is provided 

for informational and transparency 

purposes. 

This final action revises portions of 

the Arkansas SIP including revisions to 

Regulation 19 of the Arkansas Plan of 

Implementation for Air Control. We 

expect that this action and resulting 

emissions reductions will generally be 

neutral or contribute to reduced 

environmental and health impacts on all 

populations in the State of Arkansas, 

including people of color and lowincome populations. The revisions 

provide updates to the SIP and improve 

clarity in the SIP so that the public can 

read and understand what is currently 

in the SIP. Further, there is no 

information in the record indicating that 

this action is expected to have 

disproportionately high or adverse 

human health or environmental effects 

on a particular group of people. 

IV. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference the revisions 

to the Arkansas regulations as described 

in Section II of this preamble, Final 

Action. The EPA has made, and will 

continue to make, these materials 

generally available through 

www.regulations.gov (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

Therefore, these materials have been 

approved by EPA for inclusion in the 

SIP, have been incorporated by 

reference by EPA into that plan, are 

fully federally enforceable under 

sections 110 and 113 of the CAA as of 

the effective date of the final rule of 

EPA’s approval, and will be 

incorporated in the next update to the 

SIP compilation. 

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Clean Air Act and 

applicable Federal regulations. 42 

U.S.C. 7410(k); 40 CFR 52.02(a). Thus, 

in reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the Clean Air Act. Accordingly, this 

action merely approves state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 14094 (88 FR 

21879, April 11, 2023); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• 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); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not subject to Executive Order 

13045 (62 FR 19885, April 23, 1997) 

because it approves a state program; 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); and 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act. 

Executive Order 12898 (Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

February 16, 1994) directs Federal 

agencies to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. EPA defines 

environmental justice (EJ) as ‘‘the fair 

treatment and meaningful involvement 

of all people regardless of race, color, 

national origin, or income with respect 

to the development, implementation, 

and enforcement of environmental laws, 

regulations, and policies.’’ 1 EPA further 

defines the term fair treatment to mean 

that ‘‘no group of people should bear a 

disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 2

ADEQ did not evaluate environmental 

justice considerations as part of its SIP 

submittal; the CAA and applicable 

implementing regulations neither 

prohibit nor require such an evaluation. 

The EPA performed an environmental 

justice analysis, as is described above in 

the section titled, ‘‘Environmental 

Justice Considerations.’’ The analysis 

was done for the purpose of providing 

additional context and information 

about this rulemaking to the public, not 

as a basis of the action. Due to the 

nature of the action being taken here, 

this action is expected to have a neutral 

to positive impact on the air quality of 

the affected area. In addition, there is no 

information in the record upon which 

this decision is based inconsistent with 

the stated goal of E.O. 12898 of 

achieving environmental justice for 

people of color, low-income 

populations, and Indigenous peoples. 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 88, No. 249 / Friday, December 29, 2023 / Rules and Regulations 90123 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

This action is subject to the 

Congressional Review Act, and the EPA 

will submit a rule report to each House 

of the Congress and to the Comptroller 

General of the United States. This action 

is not a ‘‘major rule’’ as defined by 5 

U.S.C. 804(2). 

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 February 27, 2024. 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 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, Ammonia, Carbon 

oxides, Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen oxides, Ozone, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

Dated: December 19, 2023. 

Earthea Nance, 

Regional Administrator, Region 6. 

For the reasons stated in the 

preamble, the Environmental Protection 

Agency amends 40 CFR part 52 as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart E—Arkansas 

■ 2. In § 52.170, the table in paragraph 

(c), entitled ‘‘EPA-Approved 

Regulations in the Arkansas SIP,’’ is 

amended by revising the heading and 

entries for ‘‘Regulation No. 19: 

Regulations of the Arkansas Plan of 

Implementation for Air Pollution 

Control’’ to read as follows: 

§ 52.170 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED REGULATIONS IN THE ARKANSAS SIP 

State citation Title/subject 

State 

submittal/effective 

date 

EPA approval date Explanation 

Rule No. 19: Regulations of the Arkansas Plan of Implementation for Air Pollution Control 

Chapter 1: Title, Intent and Purpose 

Rule 19.101 ................ Title ................................................ 6/22/2022 12/29/2023, [Insert Federal Register citation].

Rule 19.102 ................ Applicability ................................... 6/22/2022 12/29/2023, [Insert Federal Register citation].

Rule 19.103 ................ Intent and Construction ................. 6/22/2022 12/29/2023, [Insert Federal Register citation].

Rule 19.104 ................ Severability .................................... 6/22/2022 12/29/2023, [Insert Federal Register citation].

Rule 19.105 ................ Incorporation by Reference ........... 6/22/2022 12/29/2023, [Insert Federal Register citation].

Chapter 2: Definitions 

Chapter 2 .................... Definitions ...................................... 6/22/2022 12/29/2023, [Insert Federal Register citation].

Chapter 3: Protection of the National Ambient Air Quality Standards 

Rule 19.301 ................ Purpose ......................................... 6/22/2022 12/29/2023, [Insert Federal Register citation].

Rule 19.302 ................ Division Responsibilities ................ 6/22/2022 12/29/2023, [Insert Federal Register citation].

Rule 19.303 ................ Regulated Sources Responsibilities.6/22/2022 12/29/2023, [Insert Federal Register citation].

Rule 19.304 ................ Delegated Federal Programs ........ 6/22/2022 12/29/2023, [Insert Federal Register citation].

Chapter 4: Minor Source Review 

Rule 19.401 ................ General Applicability ..................... 6/22/2022 12/29/2023, [Insert Federal Register citation].

Rule 19.402 ................ Approval Criteria ........................... 6/22/2022 12/29/2023, [Insert Federal Register citation].

Rule 19.403 ................ Owner/Operator’s Responsibilities 6/22/2022 12/29/2023, [Insert Federal Register citation].

Rule 19.404 ................ Required Information ..................... 6/22/2022 12/29/2023, [Insert Federal Register citation].

Rule 19.405 ................ Action on Application .................... 6/22/2022 12/29/2023, [Insert Federal Register citation].

Rule 19.406 ................ Public Participation ........................ 6/22/2022 12/29/2023, [Insert Federal Register citation].

Rule 19.407 ................ Permit Amendments ...................... 6/22/2022 12/29/2023, [Insert Federal Register citation].

Rule 19.408 ................ Exemption from Permitting ............ 6/22/2022 12/29/2023, [Insert Federal Register citation].

Rule 19.409 ................ [Reserved] ..................................... 6/22/2022 12/29/2023, [Insert Federal Register citation].

Rule 19.410 ................ Permit Revocation and Cancellation.6/22/2022 12/29/2023, [Insert Federal Register citation].

Rule 19.411 ................ General Permits ............................ 6/22/2022 12/29/2023, [Insert Federal Register citation].

Rule 19.412 ................ Dispersion Modeling ...................... 6/22/2022 12/29/2023, [Insert Federal Register citation].

Rule 19.413 ................ Confidentiality ................................ 6/22/2022 12/29/2023, [Insert Federal Register citation].

Rule 19.414 ................ Operational Flexibility—Applicant’s 

Duty to Apply for Alternative 

Scenarios.

6/22/2022 12/29/2023, [Insert Federal Register citation].

Rule 19.415 ................ Changes Resulting in No Emissions Increases.6/22/2022 12/29/2023, [Insert Federal Register citation].


ddrumheller on DSK120RN23PROD with RULES1
90124 Federal Register / Vol. 88, No. 249 / Friday, December 29, 2023 / Rules and Regulations 

EPA-APPROVED REGULATIONS IN THE ARKANSAS SIP—Continued 

State citation Title/subject 

State 

submittal/effective 

date 

EPA approval date Explanation 

Rule 19.416 ................ Permit Flexibility ............................ 6/22/2022 12/29/2023, [Insert Federal Register citation].

Rule 19.417 ................ Registration ................................... 6/22/2022 12/29/2023, [Insert Federal Register citation].

Chapter 5: General Emission Limitations Applicability to Equipment 

Rule 19.501 ................ Purpose ......................................... 6/22/2022 12/29/2023, [Insert Federal Register citation].

Rule 19.502 ................ General Rules ............................... 6/22/2022 12/29/2023, [Insert Federal Register citation].

Rule 19.503 ................ Visible Emission Rules .................. 6/22/2022 12/29/2023, [Insert Federal Register citation].

Rule 19.504 ................ Stack Height/Dispersion Rules ..... 6/22/2022 12/29/2023, [Insert Federal Register citation].

Rule 19.505 ................ Revised Emissions Limitation ....... 6/22/2022 12/29/2023, [Insert Federal Register citation].

Chapter 6: Upset and Emergency Conditions 

Rule 19.601 ................ Upset Conditions ........................... 6/22/2022 12/29/2023, [Insert Federal Register citation].

Rule 19.602 ................ Emergency Conditions .................. 6/22/2022 12/29/2023, [Insert Federal Register citation].

Chapter 7: Sampling, Monitoring, and Reporting Requirements 

Rule 19.701 ................ Purpose ......................................... 6/22/2022 12/29/2023, [Insert Federal Register citation].

Rule 19.702 ................ Air Emissions Sampling ................ 6/22/2022 12/29/2023, [Insert Federal Register citation].

Rule 19.703 ................ Continuous Emissions Monitoring 6/22/2022 12/29/2023, [Insert Federal Register citation].

Rule 19.704 ................ Notice of Completion ..................... 6/22/2022 12/29/2023, [Insert Federal Register citation].

Rule 19.705 ................ Record Keeping and Reporting 

Requirements.

6/22/2022 12/29/2023, [Insert Federal Register citation].

Rule 19.706 ................ Public Availability of Emissions 

Data.

6/22/2022 12/29/2023, [Insert Federal Register citation].

Chapter 9: Prevention of Significant Deterioration 

Rule 19.901 ................ Title ................................................ 6/22/2022 12/29/2023, [Insert Federal Register citation].

Rule 19.902 ................ Purposes ....................................... 6/22/2022 12/29/2023, [Insert Federal Register citation].

Rule 19.903 ................ Definitions ...................................... 6/22/2022 12/29/2023, [Insert Federal Register citation].

Rule 19.904 ................ Adoption of Rules .......................... 6/22/2022 12/29/2023, [Insert Federal Register citation].

Chapter 10: Rules for the Control of Volatile Organic Compounds in Pulaski County 

Rule 19.1001 .............. Title ................................................ 6/22/2022 12/29/2023, [Insert Federal Register citation].

Rule 19.1002 .............. Purpose ......................................... 6/22/2022 12/29/2023, [Insert Federal Register citation].

Rule 19.1003 .............. Definitions ...................................... 6/22/2022 12/29/2023, [Insert Federal Register citation].

Rule 19.1004 .............. [Reserved] ..................................... 6/22/2022 12/29/2023, [Insert Federal Register citation].

Rule 19.1005 .............. Provisions for Specific Processes 6/22/2022 12/29/2023, [Insert Federal Register citation].

Rule 19.1006 .............. [Reserved] ..................................... 6/22/2022 12/29/2023, [Insert Federal Register citation].

Chapter 11: Major Source Permitting Procedures 

Chapter 11 .................. Major Source Permitting Procedures.6/22/2022 12/29/2023, [Insert Federal Register citation].

Chapter 13: Stage 1 Vapor Recovery 

Rule 19.1301 .............. Purpose ......................................... 6/22/2022 12/29/2023, [Insert Federal Register citation].

Rule 19.1302 .............. Applicability ................................... 6/22/2022 12/29/2023, [Insert Federal Register citation].

Rule 19.1303 .............. Definitions ...................................... 6/22/2022 12/29/2023, [Insert Federal Register citation].

Rule 19.1304 .............. Exemptions .................................... 6/22/2022 12/29/2023, [Insert Federal Register citation].

Rule 19.1305 .............. Prohibited Activities ....................... 6/22/2022 12/29/2023, [Insert Federal Register citation].

Rule 19.1306 .............. Record Keeping ............................ 6/22/2022 12/29/2023, [Insert Federal Register citation].

Rule 19.1307 .............. Inspections .................................... 6/22/2022 12/29/2023, [Insert Federal Register citation].

Rule 19.1308 .............. Vapor Recovery Systems ............. 6/22/2022 12/29/2023, [Insert Federal Register citation].

Rule 19.1309 .............. Gasoline Delivery Vessels ............ 6/22/2022 12/29/2023, [Insert Federal Register citation].

Rule 19.1310 .............. Owner/Operator Responsibility ..... 6/22/2022 12/29/2023, [Insert Federal Register citation].

Rule 19.1311 .............. Test Methods ................................ 6/22/2022 12/29/2023, [Insert Federal Register citation].

Rule 19.1312 .............. Effective Date ................................ 6/22/2022 12/29/2023, [Insert Federal Register citation].

Chapter 14: [RESERVED] 

Chapter 15: Best Available Retrofit Technology 

Rule 19.1501 .............. Purpose ......................................... 6/22/2022 12/29/2023, [Insert Federal Register citation].

Rule 19.1502 .............. Definitions ...................................... 6/22/2022 12/29/2023, [Insert Federal Register citation].

Rule 19.1503 .............. [Reserved] ..................................... 6/22/2022 12/29/2023, [Insert Federal Register citation].


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 88, No. 249 / Friday, December 29, 2023 / Rules and Regulations 90125 

1 85 FR 76666 (Nov. 30, 2020). 

2Pharmaceutical Care Management Association 

v. United States Department of Health & Human 

Services et al., No. 1:21–cv–00095 (D. DC. filed Jan. 

12, 2021). 

EPA-APPROVED REGULATIONS IN THE ARKANSAS SIP—Continued 

State citation Title/subject 

State 

submittal/effective 

date 

EPA approval date Explanation 

Rule 19.1504 .............. [Reserved] ..................................... 6/22/2022 12/29/2023, [Insert Federal Register citation].

Rule 19.1505 .............. Best Available Retrofit Technology 

Requirements.

6/22/2022 12/29/2023, [Insert Federal Register citation].

Rule 19.1506 .............. Compliance Provisions .................. 6/22/2022 12/29/2023, [Insert Federal Register citation].

Rule 19.1507 .............. [Reserved] ..................................... 6/22/2022 12/29/2023, [Insert Federal Register citation].

Chapter 18: Effective Date 

Rule 19.1801 .............. Effective Date ................................ 6/22/2022 12/29/2023, [Insert Federal Register citation].

Appendix A: Insignificant Activities List 

Appendix A ................. Insignificant Activities List ............. 6/22/2022 12/29/2023, [Insert Federal Register citation].

Appendix B: National Ambient Air Quality Standards List 

Appendix B ................. National Ambient Air Quality 

Standards List.

6/22/2022 12/29/2023, [Insert Federal Register citation].

* * * * * * * 

* * * * * 

■ 3. Section 52.173 is amended by 

adding paragraph (j) to read as follows: 

§ 52.173 Visibility protection. 

* * * * * 

(j) Revisions to the Arkansas Pollution 

Control and Ecology Commission’s 

(APC&EC) Rule No. 19, Chapter 15. 

Revisions to APC&EC Rule No. 19, 

Chapter 15, submitted on June 22, 2022, 

are approved. 

[FR Doc. 2023–28497 Filed 12–28–23; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Office of Inspector General 

42 CFR Part 1001 

RIN 0936–AA14 

Action to Delay Effective Date 

Consistent With Congressionally 

Enacted Moratorium 

AGENCY: Office of Inspector General 

(OIG), Department of Health and Human 

Services (HHS). 

ACTION: Final rule. 

SUMMARY: This action stays certain 

amendments to the safe harbors to the 

Federal anti-kickback statute that were 

promulgated in a final rule (‘‘Fraud And 

Abuse; Removal of Safe Harbor 

Protection for Rebates Involving 

Prescription Pharmaceuticals and 

Creation of New Safe Harbor Protection 

for Certain Point-of-Sale Reductions in 

Price on Prescription Pharmaceuticals 

and Certain Pharmacy Benefit Manager 

Service Fees’’) published in the Federal 

Register on November 30, 2020 (the 

2020 Final Rule). In response to a 

moratorium enacted by Congress on 

implementation of the 2020 Final Rule, 

most recently in section 11301 of the 

Inflation Reduction Act of 2022, which 

extended previous moratoria on 

implementation, administration, or 

enforcement of the 2020 Final Rule until 

January 1, 2032, the new effective date 

for the amendments set forth in the 2020 

Final Rule is January 1, 2032. 

DATES: As of December 29, 2023, 42 CFR 

1001.952(h)(5)(viii), 42 CFR 

1001.952(h)(6) through (9), 42 CFR 

1001.952(cc), and 42 CFR 1001.952(dd) 

are stayed until January 1, 2032. 

FOR FURTHER INFORMATION CONTACT: 

Aaron Zajic, (202) 619–0335. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In the Federal Register published on 

November 30, 2020, the Department 

issued the 2020 Final Rule establishing 

four changes to the regulatory safe 

harbors to the Federal anti-kickback 

statute (section 1128B(b) of the Social 

Security Act).1 Specifically, the 2020 

Final Rule: (i) amended 42 CFR 

1001.952(h)(5) to remove safe harbor 

protection for reductions in price for 

prescription pharmaceutical products 

provided to plan sponsors under Part D 

by making punctuation changes to 

subparagraphs (5)(vi) and (vii) and 

adding new subparagraph paragraph 

(h)(5)(viii), (ii) added new paragraphs 

(6)–(9) to 42 CFR 1001.952(h), (iii) 

created a new safe harbor at 42 CFR 

1001.952(cc) for certain point-of-sale 

reductions in price offered by 

manufacturers on prescription 

pharmaceutical products that are 

payable under Medicare Part D or by 

Medicaid managed care organizations 

that meet certain criteria, and (iv) 

created a new safe harbor at 42 CFR 

1001.952(dd) for fixed fees that 

manufacturers pay to pharmacy benefit 

managers for services rendered to the 

manufacturers that meet specified 

criteria. The 2020 Final Rule was 

published with an effective date of 

January 29, 2021, except for the 

amendments to 42 CFR 1001.952(h)(5), 

which were to be effective on January 1, 

2022. 

On January 12, 2021, a lawsuit 

challenging the final rule was filed in 

the U.S. District Court for the District of 

Columbia.2 Because of orders in this 

lawsuit and in response to a 

Government memorandum regarding 

postponing effective dates of rules that 

had not yet taken effect, the effective 

dates of various sections of these 

amendments to the safe harbors were 

extended multiple times between 

January and March of 2021, and, 

ultimately, the effective date of the 

regulatory revisions established by the 


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