Federal Register, Volume 75, Number 219, November 15, 2010, Pages 69571-69850 Page: 69,591

Federal Register/Vol. 75, No. 219/Monday, November 15, 2010 /Rules and Regulations

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.
a Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
PART 52-[AMENDED]
m 1. The authority citation for part 52
continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart H-Connecticut
a 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

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