United States Navy Danger Zone, Naval Air Station North Island, San Diego, CA, 32818-32819 [E9-16235]

Download as PDF 32818 Federal Register / Vol. 74, No. 130 / Thursday, July 9, 2009 / Proposed Rules Will We Respond to Your Comments? Need for Correction We will carefully consider your comments, although we will not respond directly to comments sent in response to this notice or the hearing. As published, the notice of proposed rulemaking and notice of public hearing contains errors that may prove to be misleading and are in need of correction. Additional Hearings We have held three hearings since December 2007. These hearings were on rare diseases, cancers, and traumatic brain injury and stroke. You may access the transcripts of the hearings at http:// www.socialsecurity.gov/ compassionateallowances. We plan to hold additional hearings on other conditions and will announce those hearings later with notices in the Federal Register. (Catalog of Federal Domestic Assistance Program Nos. 96.001, Social Security— Disability Insurance; 96.006, Supplemental Security Income.) Dated: July 1, 2009. Michael J. Astrue, Commissioner of Social Security. [FR Doc. E9–16277 Filed 7–8–09; 8:45 am] BILLING CODE 4191–02–P DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [REG–150066–08] RIN 1545–BI45 Guidance Regarding Foreign Base Company Sales Income AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of proposed rulemaking by cross-reference to temporary regulations and notice of public hearing; correction. This document contains corrections to a notice of proposed rulemaking and notice of public hearing that was published in the Federal Register on Monday, December 29, 2008 (73 FR 79421), relating to foreign base company sales income. FOR FURTHER INFORMATION CONTACT: Ethan Atticks, (202) 622–3840 (not a toll-free number). SUPPLEMENTARY INFORMATION: rmajette on DSK29S0YB1 with PROPOSALS SUMMARY: Correction of Publication Accordingly, the publication of the notice of proposed rulemaking and notice of public hearing (REG–150066– 08), which was the subject of FR Doc. E8–30729, is corrected as follows: 1. On page 79422, column 1, in the preamble under the heading Background and Explanation of Provision, the last sentence, the language ‘‘The preamble to the temporary regulations explains these proposed regulations.’’ is corrected to read ‘‘The preamble to the temporary regulations explains the amendments.’’ 2. On page 79422, column 2, in the preamble under the heading Comments and Public Hearing, the first paragraph, line 3 the language ‘‘consideration will be give to any written’’ is corrected to read ‘‘consideration will be given to any written’’. 3. On page 79422, column 3, in the preamble under the heading Part 1— Income Taxes, instructional paragraph 2, lines 5 and 6, the language ‘‘(b)(2)(ii)(e), (b)(4) Example (3), (c), and (d), and adding Examples 8 and 9 to’’ is corrected to read ‘‘(b)(2)(ii)(e) and (b)(4) Example (3), and adding Examples (8) and (9) to’’. 4. On page 79423, column 1, § 1.954– 3, the third line of Example (8), the language ‘‘(8) is the same as the text of § 1.954–3T’’ is corrected to read ‘‘(8) is the same as the text of § 1.954– 3T(b)(4)’’. 5. On page 79423, column 1, § 1.954– 3, the third line of Example (9), the language ‘‘(9) is the same as the text of § 1.954–3T(b)(4)’’. Guy R. Traynor, Federal Register Liaison, Procedure & Administration, Associate Chief Counsel, Publications & Regulations. [FR Doc. E9–16192 Filed 7–8–09; 8:45 am] BILLING CODE 4830–01–P DEPARTMENT OF DEFENSE Department of the Army, Corps of Engineers Background 33 CFR Part 334 The notice of proposed rulemaking and notice of public hearing that is subject to these corrections are under section 954 of the Internal Revenue Code. United States Navy Danger Zone, Naval Air Station North Island, San Diego, CA VerDate Nov<24>2008 15:18 Jul 08, 2009 Jkt 217001 AGENCY: U.S. Army Corps of Engineers, DoD. PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 ACTION: Notice of proposed rulemaking and request for comments. SUMMARY: The U.S. Army Corps of Engineers is proposing to establish a new danger zone in the waters adjacent to the existing small arms range (SAR) on Naval Air Station North Island (NASNI) located in San Diego, California. The proposed regulation would prohibit any activity by the public within the danger zone. The new danger zone is necessary to bring the existing SAR into compliance with the Naval Facilities Engineering Command MIL–HDBK 10–27/3B by preventing any SAR ricochet rounds from posing a hazard to passing water traffic. DATES: Written comments must be submitted by August 10, 2009. ADDRESSES: You may submit comments, identified by docket number COE– 2009–0033, by any of the following methods: Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. E-mail: david.b.olson@usace.army.mil. Include the docket number, COE–2009–0033, in the subject line of the message. Mail: U.S. Army Corps of Engineers, Attn: CECW–CO (David B. Olson), 441 G Street, NW., Washington, DC 20314– 1000. Hand Delivery/Courier: Due to security requirements, we cannot receive comments by hand delivery or courier. Instructions: Direct your comments to docket number COE–2009–0033. All comments received will be included in the public docket without change and may be made available on-line at http://www.regulations.gov, including any personal information provided, unless the commenter indicates that the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI, or otherwise protected, through regulations.gov or email. The regulations.gov Web site is an anonymous access system, which means we will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail directly to the Corps without going through regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, we recommend that you include your name and other contact information in the body of your E:\FR\FM\09JYP1.SGM 09JYP1 Federal Register / Vol. 74, No. 130 / Thursday, July 9, 2009 / Proposed Rules rmajette on DSK29S0YB1 with PROPOSALS comment and with any disk or CD–ROM you submit. If we cannot read your comment because of technical difficulties and cannot contact you for clarification, we may not be able to consider your comment. Electronic comments should avoid the use of any special characters, any form of encryption, and be free of any defects or viruses. Docket: For access to the docket to read background documents or comments received, go to http:// www.regulations.gov. All documents in the docket are listed. Although listed in the index, some information is not publicly available, such as 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. FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters, Operations and Regulatory Community of Practice, Washington, DC at 202–761–4922 or Ms. Kari Coler, U.S. Army Corps of Engineers, Los Angeles District, Regulatory Division, at 760–602–4834 or Ms. Therese O’Rourke, U.S. Army Corps of Engineers, Los Angeles District, Regulatory Division, at 760–602–4830. SUPPLEMENTARY INFORMATION: In response to a request from the Department of the Navy and pursuant to its authorities in Section 7 of the Rivers and Harbors Act of 1917 (40 Stat. 266; 33 U.S.C. 1) and Chapter XIX of the Army Appropriations Act of 1919 (40 Stat. 892; 33 U.S.C. 3), the Corps is proposing to amend the regulations at 33 CFR part 334 to establish a new danger zone. The proposed danger zone will prohibit access to waters adjacent to the SAR located on NASNI without prior written permission from the Commander, Navy Region Southwest or a designee, thereby ensuring that no threat is posed to passing water traffic due to ricochet rounds. obtained to the contrary during the public notice comment period, the Corps expects that this danger zone would have practically no economic impact on the public, and minimal anticipated navigational hazard or interference with existing waterway traffic. This proposed rule, if adopted, will have no significant economic impact on small entities. c. Review under the National Environmental Policy Act. Due to the administrative nature of this action and because the proposed site for the danger zone is located in the Pacific Ocean and vessels may navigate around the prohibited area, the Corps expects that this regulation, if adopted, will not have a significant impact to the quality of the human environment and, therefore, preparation of an environmental impact statement will not be required. An environmental assessment will be prepared after the public notice period is closed and all comments have been received and considered. It may be reviewed at the District office listed at the end of the FOR FURTHER INFORMATION CONTACT section, above. d. Unfunded Mandates Act. This proposed rule does not impose an enforceable duty among the private sector and, therefore, it is not a Federal private section mandate and it is not subject to the requirements of either section 202 or Section 205 of the Unfunded Mandates Act. We have also found under Section 203 of the Act, that small governments will not be significantly and uniquely affected by this rulemaking. Procedural Requirements a. Review Under Executive Order 12866. The proposed rule is issued with respect to a military function of the Defense Department and the provisions of Executive Order 12866 do not apply. b. Review Under the Regulatory Flexibility Act. This proposed rule has been reviewed under the Regulatory Flexibility Act (Pub. L. 96–354) which requires the preparation of a regulatory flexibility analysis for any regulation that will have a significant economic impact on a substantial number of small entities (i.e., small businesses and small governments). Unless information is 1. The authority citation for 33 CFR part 334 continues to read as follows: VerDate Nov<24>2008 15:18 Jul 08, 2009 Jkt 217001 List of Subjects in 33 CFR Part 334 Danger zones, Marine safety, Navigation (water), Restricted areas, Waterways. For the reasons stated in the preamble, the Corps proposes to amend 33 CFR part 334 as follows: PART 334—DANGER ZONE AND RESTRICTED AREA REGULATIONS Authority: 40 Stat. 266 (33 U.S.C. 1) and 40 Stat. 892 (33 U.S.C. 3). 2. Add § 334.866 to read as follows: § 334.866 Pacific Ocean, at the Naval Air Station North Island, San Diego, California; Naval Danger Zone. (a) The area. The danger zone shall encompass all navigable waters of the United States, as defined at 33 CFR part 329, in the Pacific Ocean contiguous to the existing small arms range located on Naval Air Station North Island, delineated as a 206.1 acre trapezium PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 32819 (quadrilateral with no parallel sides) beginning at latitude 32°41′13″ N., longitude 117°′12′45″ W.; thence easterly, along mean high water, to latitude 32°41′14″ N., longitude 117°12′32″ W.; thence southerly to latitude 32°40′31″ N., longitude 117°12′12″ W.; thence westerly to latitude 32°40′25″ N., longitude 117°12′43″ W.; thence northerly, landward, to the point of origin. (b) The regulations. No person, vessel, craft, article, or thing, except those under the supervision of the military or naval authority, shall enter the area without the permission of the enforcing agency or his/her designee. The restriction shall apply at all times. (c) Enforcement. The regulation in this section shall be enforced by the Commander, Navy Region Southwest, and such agencies and persons as he/ she may designate. Dated: July 2, 2009. Approved. Michael G. Ensch, Chief, Operations, Directorate of Civil Works. [FR Doc. E9–16235 Filed 7–8–09; 8:45 am] BILLING CODE 3710–92–P DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 17 RIN 2900–AN15 Charges Billed to Third Parties for Prescription Drugs Furnished by VA to a Veteran for a Nonservice-Connected Disability Department of Veterans Affairs. Proposed rule. AGENCY: ACTION: SUMMARY: The Department of Veterans Affairs (VA) proposes to amend its medical regulations concerning ‘‘reasonable charges’’ for medical care or services provided or furnished by VA to a veteran for a nonservice-connected disability. More specifically, VA proposes to amend the regulations regarding charges billed for prescription drugs not administered during treatment by changing the billing formula to reflect VA’s actual drug costs for each drug rather than our current practice of using a national average drug cost for all prescriptions dispensed. The revised formula for calculating ‘‘reasonable charges’’ for prescription drug costs would also continue to include an average administrative cost for each prescription. The purpose is to provide VA with a more accurate billing methodology for prescription drugs. E:\FR\FM\09JYP1.SGM 09JYP1

Agencies

[Federal Register Volume 74, Number 130 (Thursday, July 9, 2009)]
[Proposed Rules]
[Pages 32818-32819]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-16235]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334


United States Navy Danger Zone, Naval Air Station North Island, 
San Diego, CA

AGENCY: U.S. Army Corps of Engineers, DoD.

ACTION: Notice of proposed rulemaking and request for comments.

-----------------------------------------------------------------------

SUMMARY: The U.S. Army Corps of Engineers is proposing to establish a 
new danger zone in the waters adjacent to the existing small arms range 
(SAR) on Naval Air Station North Island (NASNI) located in San Diego, 
California. The proposed regulation would prohibit any activity by the 
public within the danger zone. The new danger zone is necessary to 
bring the existing SAR into compliance with the Naval Facilities 
Engineering Command MIL-HDBK 10-27/3B by preventing any SAR ricochet 
rounds from posing a hazard to passing water traffic.

DATES: Written comments must be submitted by August 10, 2009.

ADDRESSES: You may submit comments, identified by docket number COE-
2009-0033, by any of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    E-mail: david.b.olson@usace.army.mil. Include the docket number, 
COE-2009-0033, in the subject line of the message.
    Mail: U.S. Army Corps of Engineers, Attn: CECW-CO (David B. Olson), 
441 G Street, NW., Washington, DC 20314-1000.
    Hand Delivery/Courier: Due to security requirements, we cannot 
receive comments by hand delivery or courier.
    Instructions: Direct your comments to docket number COE-2009-0033. 
All comments received will be included in the public docket without 
change and may be made available on-line at http://www.regulations.gov, 
including any personal information provided, unless the commenter 
indicates that the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI, or otherwise protected, through regulations.gov or 
e-mail. The regulations.gov Web site is an anonymous access system, 
which means we will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail directly to the Corps without going through regulations.gov, your 
e-mail address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, we recommend that 
you include your name and other contact information in the body of your

[[Page 32819]]

comment and with any disk or CD-ROM you submit. If we cannot read your 
comment because of technical difficulties and cannot contact you for 
clarification, we may not be able to consider your comment. Electronic 
comments should avoid the use of any special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov. All documents in 
the docket are listed. Although listed in the index, some information 
is not publicly available, such as 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.

FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters, 
Operations and Regulatory Community of Practice, Washington, DC at 202-
761-4922 or Ms. Kari Coler, U.S. Army Corps of Engineers, Los Angeles 
District, Regulatory Division, at 760-602-4834 or Ms. Therese O'Rourke, 
U.S. Army Corps of Engineers, Los Angeles District, Regulatory 
Division, at 760-602-4830.

SUPPLEMENTARY INFORMATION: In response to a request from the Department 
of the Navy and pursuant to its authorities in Section 7 of the Rivers 
and Harbors Act of 1917 (40 Stat. 266; 33 U.S.C. 1) and Chapter XIX of 
the Army Appropriations Act of 1919 (40 Stat. 892; 33 U.S.C. 3), the 
Corps is proposing to amend the regulations at 33 CFR part 334 to 
establish a new danger zone. The proposed danger zone will prohibit 
access to waters adjacent to the SAR located on NASNI without prior 
written permission from the Commander, Navy Region Southwest or a 
designee, thereby ensuring that no threat is posed to passing water 
traffic due to ricochet rounds.

Procedural Requirements

    a. Review Under Executive Order 12866. The proposed rule is issued 
with respect to a military function of the Defense Department and the 
provisions of Executive Order 12866 do not apply.
    b. Review Under the Regulatory Flexibility Act. This proposed rule 
has been reviewed under the Regulatory Flexibility Act (Pub. L. 96-354) 
which requires the preparation of a regulatory flexibility analysis for 
any regulation that will have a significant economic impact on a 
substantial number of small entities (i.e., small businesses and small 
governments). Unless information is obtained to the contrary during the 
public notice comment period, the Corps expects that this danger zone 
would have practically no economic impact on the public, and minimal 
anticipated navigational hazard or interference with existing waterway 
traffic. This proposed rule, if adopted, will have no significant 
economic impact on small entities.
    c. Review under the National Environmental Policy Act. Due to the 
administrative nature of this action and because the proposed site for 
the danger zone is located in the Pacific Ocean and vessels may 
navigate around the prohibited area, the Corps expects that this 
regulation, if adopted, will not have a significant impact to the 
quality of the human environment and, therefore, preparation of an 
environmental impact statement will not be required. An environmental 
assessment will be prepared after the public notice period is closed 
and all comments have been received and considered. It may be reviewed 
at the District office listed at the end of the FOR FURTHER INFORMATION 
CONTACT section, above.
    d. Unfunded Mandates Act. This proposed rule does not impose an 
enforceable duty among the private sector and, therefore, it is not a 
Federal private section mandate and it is not subject to the 
requirements of either section 202 or Section 205 of the Unfunded 
Mandates Act. We have also found under Section 203 of the Act, that 
small governments will not be significantly and uniquely affected by 
this rulemaking.

List of Subjects in 33 CFR Part 334

    Danger zones, Marine safety, Navigation (water), Restricted areas, 
Waterways.

    For the reasons stated in the preamble, the Corps proposes to amend 
33 CFR part 334 as follows:

PART 334--DANGER ZONE AND RESTRICTED AREA REGULATIONS

    1. The authority citation for 33 CFR part 334 continues to read as 
follows:

    Authority: 40 Stat. 266 (33 U.S.C. 1) and 40 Stat. 892 (33 
U.S.C. 3).

    2. Add Sec.  334.866 to read as follows:


Sec.  334.866  Pacific Ocean, at the Naval Air Station North Island, 
San Diego, California; Naval Danger Zone.

    (a) The area. The danger zone shall encompass all navigable waters 
of the United States, as defined at 33 CFR part 329, in the Pacific 
Ocean contiguous to the existing small arms range located on Naval Air 
Station North Island, delineated as a 206.1 acre trapezium 
(quadrilateral with no parallel sides) beginning at latitude 
32[deg]41'13'' N., longitude 117[deg]'12'45'' W.; thence easterly, 
along mean high water, to latitude 32[deg]41'14'' N., longitude 
117[deg]12'32'' W.; thence southerly to latitude 32[deg]40'31'' N., 
longitude 117[deg]12'12'' W.; thence westerly to latitude 
32[deg]40'25'' N., longitude 117[deg]12'43'' W.; thence northerly, 
landward, to the point of origin.
    (b) The regulations. No person, vessel, craft, article, or thing, 
except those under the supervision of the military or naval authority, 
shall enter the area without the permission of the enforcing agency or 
his/her designee. The restriction shall apply at all times.
    (c) Enforcement. The regulation in this section shall be enforced 
by the Commander, Navy Region Southwest, and such agencies and persons 
as he/she may designate.

    Dated: July 2, 2009.

    Approved.
Michael G. Ensch,
Chief, Operations, Directorate of Civil Works.
[FR Doc. E9-16235 Filed 7-8-09; 8:45 am]
BILLING CODE 3710-92-P