Posttraumatic Stress Disorder, 14491-14492 [E9-7229]
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Federal Register / Vol. 74, No. 60 / Tuesday, March 31, 2009 / Rules and Regulations
§ 46.264
Withdrawal of an approval.
The approval will be withdrawn if
revenue is jeopardized or administration
of this subpart is hindered. The
appropriate TTB officer will give the
dealer a written notice of the
withdrawal.
[Reserved]
§ 71.46 Suspension and revocation of
tobacco permits.
Appropriate TTB officers, in
performing official duties, may enter
any premises to examine articles subject
to floor stocks tax. They may enter the
premises during the day or may also
enter at night if the premises are open.
Appropriate TTB officers may audit and
examine all articles, inventory records,
books, papers, or other resource data for
the purpose of ascertaining,
determining, or collecting floor stocks
tax. They may take testimony, under
oath, of any person when inquiring as
to proper payment of floor stocks taxes.
Issuance of summons.
Appropriate TTB officers can issue
summonses when there is no referral to
the Justice Department under the
authority stated in § 70.22 of this
chapter. The summons will state a place
and time for such items or person to
appear. TTB will issue a summons to
require:
(a) Any books of account or other data
pertaining to liability for floor stocks
tax;
(b) Any person liable for the floor
stocks tax or having possession of books
of account or other data; and
(c) Any other appropriate person in
connection with the books or tax
liability.
§ 46.273
Refusing entry or examination.
If the dealer or another person in
charge of the premises refuses to admit
any appropriate TTB officer or prevents
any appropriate TTB officer from
examining the records or articles, the
dealer may be liable for the penalties
described in 26 U.S.C. 7342 or 7212.
tjames on PRODPC61 with RULES
§ 46.274
Penalties for failure to comply.
If the dealer fails to follow the
regulations set forth in this subpart, TTB
may apply applicable civil and criminal
penalties under the Internal Revenue
Code of 1986. For example, failure to
file and failure to pay penalties may be
assessed against the dealer if the dealer
does not timely file the tax return or
timely pay the taxes due. In addition,
interest under 26 U.S.C. 6621 accrues
for any underpayment of tax and on all
assessed penalties until paid.
VerDate Nov<24>2008
14:33 Mar 30, 2009
Authority: 26 U.S.C. 5271, 5181, 5712,
5713, 7805, 27 U.S.C. 204.
30. Section 71.46 is revised to read as
follows:
§ 46.271 Entry, examination and
testimony.
§ 46.272
29. The authority citation for part 71
is revised to read as follows:
■
■
TTB Authorities
§ 46.270
PART 71—RULES OF PRACTICE IN
PERMIT PROCEEDINGS
Jkt 217001
Whenever the appropriate TTB officer
has reason to believe that any person
has not in good faith complied with any
of the provisions of 26 U.S.C. chapter 52
or regulations issued thereunder, or has
not complied with any provision of 26
U.S.C. which involves intent to defraud,
or has violated any of the conditions of
his permit, or has failed to disclose any
material information required, or has
made any materially false statement, in
the application for his permit, or has
failed to maintain his premises in such
manner as to protect the revenue, or is,
by reason of previous or current legal
proceedings involving a felony violation
of any other provision of Federal
criminal law relating to tobacco
products, processed tobacco, cigarette
paper, or cigarette tubes, not likely to
maintain operations in compliance with
26 U.S.C. chapter 52, or has been
convicted of a felony violation of any
provision of Federal or State criminal
law relating to tobacco products,
processed tobacco, cigarette paper, or
cigarette tubes, the appropriate TTB
officer shall issue a citation for the
revocation or suspension of such
permit.
(72 Stat 1421, as amended; 26 U.S.C. 5713)
31. Section 71.49b is revised to read
as follows:
■
§ 71.49b
permit.
Denial of application for tobacco
The appropriate TTB officer may
issue a citation for the contemplated
disapproval of an application for a
tobacco permit provided for in 26 U.S.C.
5713, if the appropriate TTB officer on
examination of the application has
reason to believe—
(a) The premises on which it is
proposed to conduct the business are
not adequate to protect the revenue;
(b) The applicant for a permit does
not meet the minimum manufacturing
and activity requirements in § 40.61 of
this chapter; or
(c) The applicant (including, in the
case of a corporation, any officer,
administrator, or principal stockholder
and, in the case of a partnership, a
partner) is, by reason of his business
experience, financial standing, or trade
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Frm 00035
Fmt 4700
Sfmt 4700
14491
connections, or by reason of previous or
current legal proceedings involving a
felony violation of any other provision
of Federal criminal law relating to
tobacco products, processed tobacco,
cigarette paper, or cigarette tubes, not
likely to maintain operations in
compliance with 26 U.S.C. chapter 52,
or has been convicted of a felony
violation of any provision of Federal or
State criminal law relating to tobacco
products, processed tobacco, cigarette
paper, or cigarette tubes, or has failed to
disclose any material information
required or made any material false
statement in the application.
(72 Stat. 1421, as amended; 26 U.S.C. 5712)
Signed: March 10, 2009.
John J. Manfreda,
Administrator.
Approved: March 12, 2009.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and
Tariff Policy).
[FR Doc. E9–7077 Filed 3–27–09; 11:15 am]
BILLING CODE 4810–31–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 3
RIN 2900–AN04
Posttraumatic Stress Disorder
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
SUMMARY: This document affirms an
amendment to the Department of
Veterans Affairs (VA) adjudication
regulations regarding service connection
for posttraumatic stress disorder (PTSD)
that eliminated the requirement of
evidence corroborating occurrence of
the claimed in-service stressor in claims
in which PTSD is diagnosed in service.
This amendment is necessary to
facilitate proof of service connection in
such claims. By this amendment, we
intend to more quickly adjudicate
claims for service connection for PTSD
for these veterans.
DATES: The interim final rule became
effective on October 29, 2008, and is
applicable to claims pending before VA
on the effective date of that rule, as well
as to claims filed after that date.
FOR FURTHER INFORMATION CONTACT:
Maya Ferrandino, Regulations Staff
(211D), Compensation and Pension
Service, Veterans Benefits
Administration, Department of Veterans
Affairs, 810 Vermont Avenue, NW.,
Washington, DC 20420, (727) 319–5847.
(This is not a toll-free number.)
E:\FR\FM\31MRR1.SGM
31MRR1
14492
Federal Register / Vol. 74, No. 60 / Tuesday, March 31, 2009 / Rules and Regulations
On
October 29, 2008, at 73 FR 64208, VA
published an interim final rule
amending 38 CFR 3.304(f) to relax the
requirement for establishing service
connection for PTSD that was diagnosed
in service. We added a new paragraph
to provide that, if the evidence shows
that a veteran’s PTSD was diagnosed
during service and the claimed stressor
is related to that service, in the absence
of clear and convincing evidence to the
contrary, and provided that the claimed
stressor is consistent with the
circumstances, conditions, or hardships
of the veteran’s service, the veteran’s lay
testimony alone may establish the
occurrence of the claimed in-service
stressor.
We provided a 30-day comment
period that ended November 28, 2008.
We received one comment. The
commenter supported the relaxed
standards for providing benefits for
veterans who were diagnosed with
PTSD while in service, but objected to
requiring a veteran to show a stressor
consistent with the circumstances,
conditions, or hardships of the veteran’s
service. The commenter felt that the
requirement was especially troublesome
in a theater of combat such as Iraq
where combat is experienced by troops
with varying military occupational
specialties and who, because of the
circumstances of their service, may not
be able to corroborate or establish the
circumstances or conditions of their
stressors.
We make no change based on this
comment. The language to which the
commenter objects is mandated by 38
U.S.C. 1154(a). Section 1154(a) requires
VA to include in regulations pertaining
to service connection of disabilities
provisions requiring VA to consider
‘‘the places, types, and circumstances’’
of a veteran’s service when deciding a
claim for service connection. Also, the
inclusion of that language in the
regulation makes it parallel to 38 U.S.C.
1154(b) in ensuring that the stressor
claim is plausible in light of what is
known of the veteran’s service.
VA appreciates the comment
submitted in response to the interim
final rule. Based on the rationale stated
in the interim final rule and in this
document, we now affirm as a final rule
the amendments made by the interim
final rule.
tjames on PRODPC61 with RULES
SUPPLEMENTARY INFORMATION:
Administrative Procedure Act
This document affirms without any
changes amendments made by an
interim final rule that is already in
effect. Accordingly, we have concluded
under 5 U.S.C. 553 that there is good
cause for dispensing with a delayed
VerDate Nov<24>2008
14:33 Mar 30, 2009
Jkt 217001
effective date based on the conclusion
that such procedure is impracticable,
unnecessary, and contrary to the public
interest.
Paperwork Reduction Act
This document contains no provisions
constituting a collection of information
under the Paperwork Reduction Act (44
U.S.C. 3501–3521).
Regulatory Flexibility Act
The Secretary hereby certifies that
this final rule will not have a significant
economic impact on a substantial
number of small entities as they are
defined in the Regulatory Flexibility
Act, 5 U.S.C. 601–612. This final rule
would not affect any small entities.
Only VA beneficiaries could be directly
affected. Therefore, pursuant to 5 U.S.C.
605(b), this final rule is exempt from the
initial and final regulatory flexibility
analysis requirements of sections 603
and 604.
Executive Order 12866
Executive Order 12866 directs
agencies to assess all costs and benefits
of available regulatory alternatives and,
when regulation is necessary, to select
regulatory approaches that maximize
net benefits (including potential
economic, environmental, public health
and safety, and other advantages;
distributive impacts; and equity). The
Executive Order classifies a ‘‘significant
regulatory action,’’ requiring review by
the Office of Management and Budget
(OMB), as any regulatory action that is
likely to result in a rule that may: (1)
Have an annual effect on the economy
of $100 million or more or adversely
affect in a material way the economy, a
sector of the economy, productivity,
competition, jobs, the environment,
public health or safety, or State, local,
or tribal governments or communities;
(2) create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency; (3)
materially alter the budgetary impact of
entitlements, grants, user fees, or loan
programs or the rights and obligations of
recipients thereof; or (4) raise novel
legal or policy issues arising out of legal
mandates, the President’s priorities, or
the principles set forth in the Executive
Order.
The economic, interagency,
budgetary, legal, and policy
implications of this final rule have been
examined, and it has been determined
not to be a significant regulatory action
under Executive Order 12866.
Unfunded Mandates
The Unfunded Mandates Reform Act
of 1995 requires, at 2 U.S.C. 1532, that
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
agencies prepare an assessment of
anticipated costs and benefits before
issuing any rule that may result in an
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
(adjusted annually for inflation) in any
year. This final rule would have no
consequential effect on State, local, and
tribal governments, or on the private
sector.
Catalog of Federal Domestic Assistance
Numbers and Titles
The Catalog of Federal Domestic
Assistance program numbers and titles
for this rule are 64.109, Veterans
Compensation for Service-Connected
Disability and 64.110, Veterans
Dependency and Indemnity
Compensation for Service-Connected
Death.
List of Subjects in 38 CFR Part 3
Administrative practice and
procedure, Claims, Disability benefits,
Health care, Pensions, Radioactive
materials, Veterans, Vietnam.
Approved: March 23, 2009.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
Part 3—ADJUDICATION
Subpart A—Pension, Compensation,
and Dependency and Indemnity
Compensation
The interim final rule amending 38
CFR Part 3 that was published at 73 FR
64208 on October 29, 2008, is adopted
as a final rule without change.
[FR Doc. E9–7229 Filed 3–30–09; 8:45 am]
BILLING CODE 8320–01–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Part 52
[FAC 2005–31; FAR Case 2006–032;
Item I; Docket 2007–0002; Sequence 11]
RIN 9000–AK78
Federal Acquisition Regulation; FAR
Case 2006–032, Small Business Size
Rerepresentation
Correction
In rule document E9–5871 beginning
on page 11821 in the issue of Thursday,
E:\FR\FM\31MRR1.SGM
31MRR1
Agencies
[Federal Register Volume 74, Number 60 (Tuesday, March 31, 2009)]
[Rules and Regulations]
[Pages 14491-14492]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-7229]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 3
RIN 2900-AN04
Posttraumatic Stress Disorder
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document affirms an amendment to the Department of
Veterans Affairs (VA) adjudication regulations regarding service
connection for posttraumatic stress disorder (PTSD) that eliminated the
requirement of evidence corroborating occurrence of the claimed in-
service stressor in claims in which PTSD is diagnosed in service. This
amendment is necessary to facilitate proof of service connection in
such claims. By this amendment, we intend to more quickly adjudicate
claims for service connection for PTSD for these veterans.
DATES: The interim final rule became effective on October 29, 2008, and
is applicable to claims pending before VA on the effective date of that
rule, as well as to claims filed after that date.
FOR FURTHER INFORMATION CONTACT: Maya Ferrandino, Regulations Staff
(211D), Compensation and Pension Service, Veterans Benefits
Administration, Department of Veterans Affairs, 810 Vermont Avenue,
NW., Washington, DC 20420, (727) 319-5847. (This is not a toll-free
number.)
[[Page 14492]]
SUPPLEMENTARY INFORMATION: On October 29, 2008, at 73 FR 64208, VA
published an interim final rule amending 38 CFR 3.304(f) to relax the
requirement for establishing service connection for PTSD that was
diagnosed in service. We added a new paragraph to provide that, if the
evidence shows that a veteran's PTSD was diagnosed during service and
the claimed stressor is related to that service, in the absence of
clear and convincing evidence to the contrary, and provided that the
claimed stressor is consistent with the circumstances, conditions, or
hardships of the veteran's service, the veteran's lay testimony alone
may establish the occurrence of the claimed in-service stressor.
We provided a 30-day comment period that ended November 28, 2008.
We received one comment. The commenter supported the relaxed standards
for providing benefits for veterans who were diagnosed with PTSD while
in service, but objected to requiring a veteran to show a stressor
consistent with the circumstances, conditions, or hardships of the
veteran's service. The commenter felt that the requirement was
especially troublesome in a theater of combat such as Iraq where combat
is experienced by troops with varying military occupational specialties
and who, because of the circumstances of their service, may not be able
to corroborate or establish the circumstances or conditions of their
stressors.
We make no change based on this comment. The language to which the
commenter objects is mandated by 38 U.S.C. 1154(a). Section 1154(a)
requires VA to include in regulations pertaining to service connection
of disabilities provisions requiring VA to consider ``the places,
types, and circumstances'' of a veteran's service when deciding a claim
for service connection. Also, the inclusion of that language in the
regulation makes it parallel to 38 U.S.C. 1154(b) in ensuring that the
stressor claim is plausible in light of what is known of the veteran's
service.
VA appreciates the comment submitted in response to the interim
final rule. Based on the rationale stated in the interim final rule and
in this document, we now affirm as a final rule the amendments made by
the interim final rule.
Administrative Procedure Act
This document affirms without any changes amendments made by an
interim final rule that is already in effect. Accordingly, we have
concluded under 5 U.S.C. 553 that there is good cause for dispensing
with a delayed effective date based on the conclusion that such
procedure is impracticable, unnecessary, and contrary to the public
interest.
Paperwork Reduction Act
This document contains no provisions constituting a collection of
information under the Paperwork Reduction Act (44 U.S.C. 3501-3521).
Regulatory Flexibility Act
The Secretary hereby certifies that this final rule will not have a
significant economic impact on a substantial number of small entities
as they are defined in the Regulatory Flexibility Act, 5 U.S.C. 601-
612. This final rule would not affect any small entities. Only VA
beneficiaries could be directly affected. Therefore, pursuant to 5
U.S.C. 605(b), this final rule is exempt from the initial and final
regulatory flexibility analysis requirements of sections 603 and 604.
Executive Order 12866
Executive Order 12866 directs agencies to assess all costs and
benefits of available regulatory alternatives and, when regulation is
necessary, to select regulatory approaches that maximize net benefits
(including potential economic, environmental, public health and safety,
and other advantages; distributive impacts; and equity). The Executive
Order classifies a ``significant regulatory action,'' requiring review
by the Office of Management and Budget (OMB), as any regulatory action
that is likely to result in a rule that may: (1) Have an annual effect
on the economy of $100 million or more or adversely affect in a
material way the economy, a sector of the economy, productivity,
competition, jobs, the environment, public health or safety, or State,
local, or tribal governments or communities; (2) create a serious
inconsistency or otherwise interfere with an action taken or planned by
another agency; (3) materially alter the budgetary impact of
entitlements, grants, user fees, or loan programs or the rights and
obligations of recipients thereof; or (4) raise novel legal or policy
issues arising out of legal mandates, the President's priorities, or
the principles set forth in the Executive Order.
The economic, interagency, budgetary, legal, and policy
implications of this final rule have been examined, and it has been
determined not to be a significant regulatory action under Executive
Order 12866.
Unfunded Mandates
The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C.
1532, that agencies prepare an assessment of anticipated costs and
benefits before issuing any rule that may result in an expenditure by
State, local, and tribal governments, in the aggregate, or by the
private sector, of $100 million or more (adjusted annually for
inflation) in any year. This final rule would have no consequential
effect on State, local, and tribal governments, or on the private
sector.
Catalog of Federal Domestic Assistance Numbers and Titles
The Catalog of Federal Domestic Assistance program numbers and
titles for this rule are 64.109, Veterans Compensation for Service-
Connected Disability and 64.110, Veterans Dependency and Indemnity
Compensation for Service-Connected Death.
List of Subjects in 38 CFR Part 3
Administrative practice and procedure, Claims, Disability benefits,
Health care, Pensions, Radioactive materials, Veterans, Vietnam.
Approved: March 23, 2009.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
Part 3--ADJUDICATION
Subpart A--Pension, Compensation, and Dependency and Indemnity
Compensation
The interim final rule amending 38 CFR Part 3 that was published at
73 FR 64208 on October 29, 2008, is adopted as a final rule without
change.
[FR Doc. E9-7229 Filed 3-30-09; 8:45 am]
BILLING CODE 8320-01-P