52530 Federal Register / Vol. 75, No. 165 / Thursday, August 26, 2010 / Notices 

examination of a financial institution, a 

violation or possible violation of the 

EFAA or the Check 21 Act is noted then 

information regarding such violation 

may be kept confidential pursuant to 

Section (b)(8) of the Freedom of 

Information Act. 5 U.S.C. 552(b)(8). 

Abstract: Regulation CC requires 

banks to make funds deposited in 

transaction accounts available within 

specified time periods, disclose their 

availability policies to customers, and 

begin accruing interest on such deposits 

promptly. The disclosures are intended 

to alert customers that their ability to 

use deposited funds may be delayed, 

prevent unintentional (and potentially 

costly) overdrafts, and allow customers 

to compare the policies of different 

banks before deciding at which bank to 

deposit funds. The regulation also 

requires notice to the depositary bank 

and to a customer of nonpayment of a 

check. Model disclosure forms, clauses, 

and notices are appended to the 

regulation to ease compliance. 

Current Actions: On June 15, 2010, 

the Federal Reserve published a notice 

in the Federal Register (75 FR 33806) 

seeking public comment for 60 days on 

the extension, without revision, of the 

FR HMDA–LAR and Reg CC. The 

comment period for this notice expired 

on August 16, 2010. The Federal 

Reserve did not receive comments on 

the Reg CC proposal. The Federal 

Reserve received one comment on the 

FR HMDA/LAR proposal from an 

individual that discussed the merits of 

a national loan identification number, 

however, the points raised were beyond 

the scope of the PRA clearance process. 

Board of Governors of the Federal Reserve 

System, August 23, 2010. 

Jennifer J. Johnson, 

Secretary of the Board. 

[FR Doc. 2010–21233 Filed 8–25–10; 8:45 am] 

BILLING CODE 6210–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Implementation of Section 5001 of the 

American Recovery and Reinvestment 

Act of 2009 (Pub. L. 111–5) for 

Adjustments to the Third Quarter of 

Fiscal Year 2010 Federal Medical 

Assistance Percentage Rates for 

Federal Matching Shares for Medicaid 

and Title IV–E Foster Care, Adoption 

Assistance and Guardianship 

Assistance Programs 

AGENCY: Office of the Secretary, DHHS. 

ACTION: Notice. 

SUMMARY: This notice provides the 

adjusted Federal Medical Assistance 

Percentage (FMAP) rate for the third 

quarter of Fiscal Year 2010 (FY10) as 

required under Section 5001 of the 

American Recovery and Reinvestment 

Act of 2009 (ARRA). Section 5001 of the 

ARRA provides for temporary increases 

in the FMAP rates to provide fiscal 

relief to States and to protect and 

maintain State Medicaid and certain 

other assistance programs in a period of 

economic downturn. The increased 

FMAP rates apply during a recession 

adjustment period that is defined in 

ARRA as the period beginning October 

1, 2008 and ending December 31, 2010. 

This notice does not account for 

changes as a result of Public Law 111– 

226. However, future FMAP notices will 

account for these changes. 

DATES: Effective Date: The percentages 

listed are for the third quarter of FY10 

beginning April 1, 2010 through June 

30, 2010. 

A. Background 

The FMAP is used to determine the 

amount of Federal matching for 

specified State expenditures for 

assistance payments under programs 

under the Social Security Act (‘‘the 

Act’’). Sections 1905(b) and 

1101(a)(8)(B) of the Act require the 

Secretary of Health and Human Services 

to publish the FMAP rates each year. 

The Secretary calculates the percentages 

using formulas in sections 1905(b) and 

1101(a)(8)(B), and statistics from the 

Department of Commerce of average 

income per person in each State and for 

the Nation as a whole. The percentages 

must be within the upper and lower 

limits given in section 1905(b) of the 

Act. The percentages to be applied to 

the District of Columbia, Puerto Rico, 

the Virgin Islands, Guam, American 

Samoa, and the Northern Mariana 

Islands are specified separately in the 

Act, and thus are not based on the 

statutory formula that determines the 

percentages for the 50 States. 

Section 1905(b) of the Act specifies 

the formula for calculating the FMAP as 

follows: 

The FMAP for any State shall be 100 per 

centum less the State percentage; and the 

State percentage shall be that percentage 

which bears the same ratio to 45 per centum 

as the square of the per capita income of such 

State bears to the square of the per capita 

income of the continental United States 

(including Alaska) and Hawaii; except that 

(1) the FMAP shall in no case be less than 

50 per centum or more than 83 per centum, 

and (2) the FMAP for Puerto Rico, the Virgin 

Islands, Guam, the Northern Mariana Islands, 

and American Samoa shall be 50 per centum. 

Section 4725 of the Balanced Budget 

Act of 1997 amended section 1905(b) to 

provide that the FMAP for the District 

of Columbia for purposes of titles XIX 

(Medicaid) and XXI (CHIP) shall be 70 

percent. The Medicare Improvements 

for Patients and Providers Act of 2008 

(MIPPA) (Pub. L. 110–275) amended the 

FMAP applied to the District of 

Columbia for maintenance payments 

under title IV–E programs to make it 

consistent with the 70 percent Medicaid 

match rate. 

Section 5001 of Division B of the 

ARRA provides for a temporary increase 

in FMAP rates for Medicaid and title 

IV–E Foster Care, Adoption Assistance 

and Guardianship Assistance programs. 

The purpose of the increases to the 

FMAP rates is to provide fiscal relief to 

States and to protect and maintain State 

Medicaid and certain other assistance 

programs in a period of economic 

downturn, referred to as the ‘‘recession 

adjustment period.’’ The recession 

adjustment period is defined as the 

period beginning October 1, 2008 and 

ending December 31, 2010. 

B. Calculation of the Increased FMAP 

Rates Under ARRA 

Section 5001 of the ARRA specifies 

that the FMAP rates shall be temporarily 

increased for the following: (1) 

Maintenance of FMAP rates for FY09, 

FY10, and first quarter of FY11, so that 

the FMAP rate will not decrease from 

the prior year, determined by using as 

the FMAP rate for the current year, the 

greater of any prior fiscal year FMAP 

rates between 2008–2010 or the rate 

calculated for the current fiscal year; (2) 

in addition to any maintenance 

increase, the application of an increase 

in each State’s FMAP of 6.2 percentage 

points; and (3) an additional percentage 

point increase based on the State’s 

increase in unemployment during the 

recession adjustment period. The 

resulting increased FMAP cannot 

exceed 100 percent. Each State’s FMAP 

will be recalculated each fiscal quarter 

beginning October 2008. Availability of 

certain components of the increased 

FMAP is conditioned on States meeting 

statutory programmatic requirements, 

such as the maintenance of effort 

requirement, which are not part of the 

calculation process. 

Expenditures for which the increased 

FMAP is not available under title XIX 

include expenditures for 

disproportionate share hospital 

payments, certain eligibility expansions, 

services received through an IHS or 

Tribal facility (which are already paid at 

a rate of 100 percent and therefore not 

subject to increase), and expenditures 

that are paid at an enhanced FMAP rate. 

The increased FMAP is available for 

expenditures under part E of title IV 

(including Foster Care, Adoption 

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Federal Register / Vol. 75, No. 165 / Thursday, August 26, 2010 / Notices 52531 

Assistance and Guardianship Assistance 

programs) only to the extent of a 

maintenance increase (hold harmless), if 

any, and the 6.2 percentage point 

increase. The increased FMAP does not 

apply to other parts of title IV, including 

part D (Child Support Enforcement 

Program). 

For title XIX purposes only, for each 

qualifying State with an unemployment 

rate that has increased at a rate above 

the statutory threshold percentage, 

ARRA provides additional relief above 

the general 6.2 percentage point 

increase in FMAP through application 

of a separate increase calculation. For 

those States, the FMAP for each 

qualifying State is increased by the 

number of percentage points equal to 

the product of the State matching 

percentage (as calculated under section 

1905(b) and adjusted if necessary for the 

maintenance of FMAP without 

reduction from the prior year, and after 

applying half of the 6.2 percentage point 

general increase in the Federal 

percentage) and the applicable percent 

determined from the State 

unemployment increase percentage for 

the quarter. 

The unemployment increase 

percentage for a calendar quarter is 

equal to the number of percentage 

points (if any) by which the average 

monthly unemployment rate for the 

State in the most recent previous 3- 

consecutive-month period for which 

data are available exceeds the lowest 

average monthly unemployment rate for 

the State for any 3-consecutive-month 

period beginning on or after January 1, 

2006. A State qualifies for additional 

relief based on an increase in 

unemployment if that State’s 

unemployment increase percentage is at 

least 1.5 percentage points. 

The applicable percent is: (1) 5.5 

percent if the State unemployment 

increase percentage is at least 1.5 

percentage points but less than 2.5 

percentage points; (2) 8.5 percent if the 

State unemployment increase 

percentage is at least 2.5 percentage 

points but less than 3.5 percentage 

points; and (3) 11.5 percent if the State 

unemployment increase percentage is at 

least 3.5 percentage points. 

If the State’s applicable percent is less 

than the applicable percent for the 

preceding quarter, then the higher 

applicable percent shall continue in 

effect for any calendar quarter beginning 

on or after January 1, 2009 and ending 

before July 1, 2010. 

Under section 5001(b)(2) of ARRA, 

Puerto Rico, the Virgin Islands, Guam, 

the Commonwealth of the Northern 

Mariana Islands, and America Samoa 

were given the option to make a special 

one-time election between (1) a 30 

percent increase in their cap on 

Medicaid payments (as determined 

under subsections (f) and (g) of section 

1108 of the Act), or (2) applying the 

general 6.2 percentage point increase in 

the FMAP plus a 15 percent increase in 

the cap on Medicaid payments. There is 

no quarterly unemployment adjustment 

for territories. All territories and the 

Commonwealth of the Northern Mariana 

Islands elected the 30 percent increase 

in their spending cap on Medicaid 

payments; therefore there is no 

recalculation of their FMAP rate. 

D. Adjusted FMAPs for the Third 

Quarter of FY2010 

ARRA adjustments to FMAPs are 

shown by State in the accompanying 

table. The hold harmless FY10 FMAP is 

the higher of the original FY08, FY09, 

or FY10 FMAP. The 6.2 percentage 

point increase is added to the hold 

harmless FY10 FMAP. The 

unemployment adjustment is calculated 

according to the unemployment tier and 

added to the hold harmless FY10 FMAP 

with the 6.2 percentage point increase. 

For the third quarter of FY10, the 

unemployment tier is determined by 

comparing the average unemployment 

rate for the three consecutive months 

preceding the start of the fiscal quarter 

to the lowest consecutive 3-month 

average unemployment rate beginning 

January 1, 2006. If the State’s applicable 

percent is less than the applicable 

percent for the second quarter of FY10, 

then the higher applicable percent shall 

continue for the third quarter of FY10. 

As indicated in the August 4, 2009 

Federal Register Notice that proposed 

the methodology for the FMAP 

unemployment adjustment calculations 

(74 FR 38630), we utilize annual 

updates to the historical Bureau of 

Labor Statistics (BLS) data to make 

changes to the States’ lowest 

unemployment rate beginning with the 

third quarter FMAP rate adjustment 

calculation each year. As such, the rates 

calculated and presented in the 

accompanying table are based on 

updates to the historical BLS data used 

to determine the States’ average lowest 

unemployment rate for any 3 

consecutive months beginning January 

1, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Carrie Shelton or Thomas Musco, Office 

of Health Policy, Office of the Assistant 

Secretary for Planning and Evaluation, 

Room 447D—Hubert H. Humphrey 

Building, 200 Independence Avenue, 

SW., Washington, DC 20201, (202) 690– 

6870. 

(Catalog of Federal Domestic Assistance 

Program Nos. 93.778: Medical Assistance 

Program; 93.658: Foster Care; 93.659: 

Adoption Assistance; 93.090: Guardianship 

Assistance) 

Dated: July 28, 2010. 

Kathleen Sebelius, 

Secretary. 

ARRA ADJUSTMENTS TO FMAP Q3 FY10 

State Hold harmless 

FY10 

Hold harmless 

FY10 FMAP 

with 6.2% pt 

increase 

3rd Quarter 

FY10 

unemployment 

tier 

3rd Quarter 

FY10 

unemployment 

adjustment 

3rd Quarter 

FY10 FMAP 

unemployment 

adjustment 

3rd Quarter 

FY10 FMAP 

unemployment 

hold harmless 

Alabama ....................................... 68.01 74.21 11.5 3.32 77.53 77.53 

Alaska .......................................... 52.48 58.68 8.5 3.78 62.46 62.46 

Arizona ......................................... 66.20 72.40 11.5 3.53 75.93 75.93 

Arkansas ...................................... 72.94 79.14 8.5 2.04 81.18 81.18 

California ...................................... 50.00 56.20 11.5 5.39 61.59 61.59 

Colorado ....................................... 50.00 56.20 11.5 5.39 61.59 61.59 

Connecticut .................................. 50.00 56.20 11.5 5.39 61.59 61.59 

Delaware ...................................... 50.21 56.41 11.5 5.37 61.78 61.78 

Dist of Columbia .......................... 70.00 76.20 11.5 3.09 79.29 79.29 

Florida .......................................... 56.83 63.03 11.5 4.61 67.64 67.64 

Georgia ........................................ 65.10 71.30 11.5 3.66 74.96 74.96 

Hawaii .......................................... 56.50 62.70 11.5 4.65 67.35 67.35 

Idaho ............................................ 69.87 76.07 11.5 3.11 79.18 79.18 

Illinois ........................................... 50.32 56.52 11.5 5.36 61.88 61.88 

mstockstill on DSKH9S0YB1PROD with NOTICES

52532 Federal Register / Vol. 75, No. 165 / Thursday, August 26, 2010 / Notices 

ARRA ADJUSTMENTS TO FMAP Q3 FY10—Continued 

State Hold harmless 

FY10 

Hold harmless 

FY10 FMAP 

with 6.2% pt 

increase 

3rd Quarter 

FY10 

unemployment 

tier 

3rd Quarter 

FY10 

unemployment 

adjustment 

3rd Quarter 

FY10 FMAP 

unemployment 

adjustment 

3rd Quarter 

FY10 FMAP 

unemployment 

hold harmless 

Indiana ......................................... 65.93 72.13 11.5 3.56 75.69 75.69 

Iowa .............................................. 63.51 69.71 8.5 2.84 72.55 72.55 

Kansas ......................................... 60.38 66.58 8.5 3.10 69.68 69.68 

Kentucky ...................................... 70.96 77.16 11.5 2.98 80.14 80.14 

Louisiana ...................................... 72.47 78.67 11.5 2.81 81.48 81.48 

Maine ........................................... 64.99 71.19 11.5 3.67 74.86 74.86 

Maryland ...................................... 50.00 56.20 11.5 5.39 61.59 61.59 

Massachusetts ............................. 50.00 56.20 11.5 5.39 61.59 61.59 

Michigan ....................................... 63.19 69.39 11.5 3.88 73.27 73.27 

Minnesota ..................................... 50.00 56.20 8.5 3.99 60.19 61.59 

Mississippi .................................... 76.29 82.49 11.5 2.37 84.86 84.86 

Missouri ........................................ 64.51 70.71 11.5 3.72 74.43 74.43 

Montana ....................................... 68.53 74.73 11.5 3.26 77.99 77.99 

Nebraska ...................................... 60.56 66.76 5.5 2.00 68.76 68.76 

Nevada ......................................... 52.64 58.84 11.5 5.09 63.93 63.93 

New Hampshire ........................... 50.00 56.20 11.5 5.39 61.59 61.59 

New Jersey .................................. 50.00 56.20 11.5 5.39 61.59 61.59 

New Mexico ................................. 71.35 77.55 11.5 2.94 80.49 80.49 

New York ..................................... 50.00 56.20 11.5 5.39 61.59 61.59 

North Carolina .............................. 65.13 71.33 11.5 3.65 74.98 74.98 

North Dakota ................................ 63.75 69.95 0 0.00 69.95 69.95 

Ohio .............................................. 63.42 69.62 11.5 3.85 73.47 73.47 

Oklahoma ..................................... 67.10 73.30 11.5 3.43 76.73 76.73 

Oregon ......................................... 62.74 68.94 11.5 3.93 72.87 72.87 

Pennsylvania ................................ 54.81 61.01 11.5 4.84 65.85 65.85 

Rhode Island ................................ 52.63 58.83 11.5 5.09 63.92 63.92 

South Carolina ............................. 70.32 76.52 11.5 3.06 79.58 79.58 

South Dakota ............................... 62.72 68.92 5.5 1.88 70.80 70.80 

Tennessee ................................... 65.57 71.77 11.5 3.60 75.37 75.37 

Texas ........................................... 60.56 66.76 11.5 4.18 70.94 70.94 

Utah .............................................. 71.68 77.88 11.5 2.90 80.78 80.78 

Vermont ........................................ 59.45 65.65 8.5 3.18 68.83 69.96 

Virginia ......................................... 50.00 56.20 11.5 5.39 61.59 61.59 

Washington .................................. 51.52 57.72 11.5 5.22 62.94 62.94 

West Virginia ................................ 74.25 80.45 11.5 2.60 83.05 83.05 

Wisconsin ..................................... 60.21 66.41 11.5 4.22 70.63 70.63 

Wyoming ...................................... 50.00 56.20 11.5 5.39 61.59 61.59 

[FR Doc. 2010–21235 Filed 8–25–10; 8:45 am] 

BILLING CODE 4150–05–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Meeting of the National Vaccine 

Advisory Committee 

AGENCY: Office of Public Health and 

Science, Office of the Secretary, 

Department of Health and Human 

Services. 

ACTION: Notice of meeting. 

SUMMARY: As stipulated by the Federal 

Advisory Committee Act, the 

Department of Health and Human 

Services (HHS) is hereby giving notice 

that the National Vaccine Advisory 

Committee (NVAC) will hold a meeting. 

The meeting is open to the public. Preregistration is required for both public 

attendance and comment. Individuals 

who wish to attend the meeting and/or 

participate in the public comment 

session should either e-mail 

nvpo@hhs.gov or call 202–690–5566 to 

register. 

DATES: The meeting will be held on 

September 14, 2010, from 8 a.m. to 5 

p.m., and September 15, 2010 from 8 

a.m. to 3 p.m. 

ADDRESSES: Department of Health and 

Human Services; Hubert H. Humphrey 

Building, Great Hall; 200 Independence 

Avenue, SW., Washington, DC 20201. 

FOR FURTHER INFORMATION CONTACT: 

National Vaccine Program Office, 

Department of Health and Human 

Services, Room 715–H, Hubert H. 

Humphrey Building, 200 Independence 

Avenue, SW., Washington, DC 20201. 

Phone: (202) 690–5566; Fax: (202) 260– 

1165; e-mail: nvpo@hhs.gov. 

SUPPLEMENTARY INFORMATION: Pursuant 

to Section 2101 of the Public Health 

Service Act (42 U.S.C. Section 300aa–1), 

the Secretary of Health and Human 

Services was mandated to establish the 

National Vaccine Program to achieve 

optimal prevention of human infectious 

diseases through immunization and to 

achieve optimal prevention against 

adverse reactions to vaccines. The 

National Vaccine Advisory Committee 

was established to provide advice and 

make recommendations to the Director 

of the National Vaccine Program on 

matters related to the Program’s 

responsibilities. The Assistant Secretary 

for Health serves as Director of the 

National Vaccine Program. 

Topics to be discussed at the meeting 

include the 2010–2011 Seasonal Flu 

Campaign, Hepatitis B vaccination, 

Healthy People 2020, vaccine safety, 

and other related issues. The meeting 

agenda will be posted on the Web site: 

http://www.hhs.gov/nvpo/nvac at least 

one week prior to the meeting. Public 

attendance at the meeting is limited to 

space available. Individuals who plan to 

attend and need special assistance, such 

as sign language interpretation or other 

reasonable accommodations, should 

notify the office at the address/phone 

listed above at least one week prior to 

mstockstill on DSKH9S0YB1PROD with NOTICES