Definition of Service in the Republic of Vietnam, 48689-48690 [E9-23021]
Download as PDF
Federal Register / Vol. 74, No. 184 / Thursday, September 24, 2009 / Proposed Rules
Regulatory Flexibility Act, Paperwork
Reduction Act, and Executive Order
12866
Since the regulatory text proposed in
this notice of proposed rulemaking is
identical to that contained in the
companion temporary rule published
elsewhere in this issue of the Federal
Register, the analyses contained in the
preamble of the temporary rule
concerning the Regulatory Flexibility
Act, the Paperwork Reduction Act, and
Executive Order 12866 also apply to this
proposed rule.
Drafting Information
Michael Hoover of the Regulations
and Rulings Division, Alcohol and
Tobacco Tax and Trade Bureau, drafted
this document.
List of Subjects
27 CFR Part 40
Cigars and cigarettes, Claims,
Electronic funds transfers, Excise taxes,
Imports, Labeling, Packaging and
containers, Reporting and recordkeeping
requirements, Surety bonds, Tobacco.
27 CFR Part 41
Cigars and cigarettes, Claims, Customs
duties and inspection, Electronic funds
transfers, Excise taxes, Imports,
Labeling, Packaging and containers,
Puerto Rico, Reporting and
recordkeeping requirements, Surety
bonds, Tobacco, Virgin Islands,
Warehouses.
27 CFR Part 45
cprice-sewell on DSK2BSOYB1PROD with PROPOSALS
For the reasons discussed in the
preamble, TTB proposes to amend 27
CFR, chapter I, parts 40, 41, and 45 as
follows:
Authority: 26 U.S.C. 5701–5705, 5708,
5712, 5713, 5721–5723, 5741, 5754, 5761–
5763, 6301, 6302, 6313, 6402, 6404, 7101,
7212, 7342, 7606, 7651, 7652, 7805; 31 U.S.C.
9301, 9303, 9304, 9306.
4. [The proposed amendatory
instructions and the proposed amended
regulatory text for part 41 are the same
as the amendatory instructions and the
amended regulatory text set forth in the
temporary rule on this subject published
in the Rules and Regulations section of
this issue of the Federal Register.]
PART 45—REMOVAL OF TOBACCO
PRODUCTS AND CIGARETTE PAPERS
AND TUBES, WITHOUT PAYMENT OF
TAX, FOR USE OF THE UNITED
STATES
5. The authority citation for part 45 is
revised to read as follows:
Signed: August 23, 2009.
John J. Manfreda,
Administrator.
PART 40—MANUFACTURE OF
TOBACCO PRODUCTS AND
CIGARETTE PAPERS AND TUBES,
AND PROCESSED TOBACCO
1. The authority citation for part 40 is
revised to read as follows:
Authority: 26 U.S.C. 5142, 5143, 5146,
5701–5705, 5711–5713, 5721–5723, 5731,
5741, 5751, 5753, 5761–5763, 6061, 6065,
6109, 6151, 6301, 6302, 6311, 6313, 6402,
6404, 6423, 6676, 6806, 7011, 7212, 7325,
7342, 7502, 7503, 7606, 7805; 31 U.S.C. 9301,
9303, 9304, 9306.
Jkt 217001
3. The authority citation for part 41 is
revised to read as follows:
6. [The proposed amendatory
instructions and the proposed amended
regulatory text for part 45 are the same
as the amendatory instructions and the
amended regulatory text set forth in the
temporary rule on this subject published
in the Rules and Regulations section of
this issue of the Federal Register.]
Proposed Amendments to the
Regulations
15:18 Sep 23, 2009
PART 41—IMPORTATION OF
TOBACCO PRODUCTS AND
CIGARETTE PAPERS AND TUBES,
AND PROCESSED TOBACCO
Authority: 26 U.S.C. 5702–5705, 5723,
5741, 5751, 5762, 5763, 6313, 7212, 7342,
7606, 7805; 44 U.S.C. 3504(h).
Administrative practice and
procedure, Authority delegations
(Government agencies), Cigars and
cigarettes, Excise taxes, Labeling,
Packaging and containers, Reporting
and recordkeeping requirements,
Tobacco
VerDate Nov<24>2008
2. [The proposed amendatory
instructions and the proposed amended
regulatory text for part 40 are the same
as the amendatory instructions and the
amended regulatory text set forth in the
temporary rule on this subject published
in the Rules and Regulations section of
this issue of the Federal Register.]
Approved: September 4, 2009.
Timothy E. Skud,
Deputy Assistant Secretary. (Tax, Trade, and
Tariff Policy).
[FR Doc. E9–23173 Filed 9–23–09; 8:45 am]
BILLING CODE 4810–31–P
PO 00000
Frm 00023
Fmt 4702
Sfmt 4702
48689
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 3
RIN 2900–AM74
Definition of Service in the Republic of
Vietnam
AGENCY:
ACTION:
Department of Veterans Affairs.
Withdrawal of proposed rule.
SUMMARY: In a document published in
the Federal Register on April 16, 2008,
the Department of Veterans Affairs (VA)
proposed to amend its adjudication
regulations regarding the definition of
‘‘service in the Republic of Vietnam.’’
This document withdraws that
proposed rule.
DATES: The proposed rule published at
73 FR 20566 on April 16, 2008, is
withdrawn as of September 24, 2009.
FOR FURTHER INFORMATION CONTACT:
Nancy Copeland, Regulations Staff
(211D), Compensation and Pension
Service, Veterans Benefits
Administration, Department of Veterans
Affairs, 810 Vermont Avenue, NW.,
Washington, DC 20420, (202) 461–9685.
(This is not a toll-free number.)
This
rulemaking was initiated to respond to
a decision rendered by the U. S. Court
of Appeals for Veterans Claims (CAVC)
in Haas v. Nicholson, 20 Vet. App. 257
(2006). While the comment period for
the proposed rule was pending, the
United States Court of Appeals for the
Federal Circuit (Federal Circuit) decided
Haas v. Peake, 525 F.3d 1168 (Fed. Cir.
2008). The Federal Circuit reversed and
remanded the CAVC decision. The
Federal Circuit found that VA’s
requirement that a claimant had been
present within the land borders of
Vietnam at some point in the course of
his/her duty constitutes a permissible
interpretation of 38 U.S.C. 1116, and
affirmed that the language used in its
implementing regulation, 38 CFR
3.307(a)(6)(iii), may be interpreted as
stating such an interpretation. A
petition for a writ of certiorari by the
U.S. Supreme Court was denied. Haas v.
Peake, cert. denied, 129 S.Ct. 173 No.
08–525, 2009 WL 129302 (U.S. Jan. 21,
2009). There is no longer a need to
revise § 3.307(a)(6)(iii), or the
regulations that use identical language
to define service in the Republic of
Vietnam (38 CFR 3.814 and 3.815).
Thus, VA is withdrawing the proposed
rule.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\24SEP1.SGM
24SEP1
48690
Federal Register / Vol. 74, No. 184 / Thursday, September 24, 2009 / Proposed Rules
Approved: August 26, 2009.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
[FR Doc. E9–23021 Filed 9–23–09; 8:45 am]
BILLING CODE P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 51, 52, 261, 262, 264, 265,
and 270
[FRL–8961–2]
RIN 2090–AA28
New Jersey Gold Track Program Under
Project XL
cprice-sewell on DSK2BSOYB1PROD with PROPOSALS
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule: withdrawal.
SUMMARY: The Environmental Protection
Agency (EPA) is withdrawing a
proposed rule published on April 16,
2002, which would have modified the
regulations under the Resource
Conservation and Recovery Act (RCRA)
and the Clean Air Act (CAA) to enable
the implementation of the New Jersey
Department of Environmental Protection
(NJDEP) Gold Track Program that was
developed under EPA’s Project
eXcellence in Leadership (Project XL)
program. Project XL was a national pilot
program that allowed state and local
governments, businesses and federal
facilities to develop with EPA more
cost-effective ways of achieving
environmental and public health
protection. In exchange, EPA provided
regulatory, policy or procedural
flexibilities to conduct the pilot
experiments. EPA is withdrawing the
proposed rule in response to NJDEP’s
decision not to go forward with the Gold
Track Program and not to promulgate an
enabling rule. In the rule, EPA proposed
to provide New Jersey with authority to
provide high-performing companies in
New Jersey with the regulatory
flexibility to test environmental
management strategies designed to
produce improved and measurable
results. The NJDEP had expressed
interest in testing a program designed to
achieve environmental excellence
through commitments and
accountability beyond standard
regulatory requirements. Following
EPA’s April 16, 2002 proposal, the
NJDEP communicated to EPA that it did
not wish to implement the state
rulemaking or the pilot project as
originally envisioned. EPA received no
public comments on this proposed rule.
VerDate Nov<24>2008
15:18 Sep 23, 2009
Jkt 217001
determinations are made final, the
requirements for these areas to submit
an attainment demonstration and
associated reasonably available control
measures, a reasonable further progress
plan, contingency measures, and other
planning State Implementation Plans
(SIPs) revisions related to attainment of
the standard shall be suspended for so
long as the areas continue to attain the
1997 PM2.5 NAAQS.
DATES: Comments must be received on
or before October 26, 2009.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2009–0664 by one of the following
methods:
1. https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
2. E-mail: mooney.john@epa.gov.
3. Fax: (312) 692–2551.
4. Mail: John M. Mooney, Chief,
Criteria Pollutant Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: John M. Mooney,
Chief, Criteria Pollutant Section, Air
Programs Branch (AR–18J), U.S.
Environmental Protection Agency, 77
Dated: September 16, 2009.
West Jackson Boulevard, Chicago,
Scott Fulton,
Illinois 60604. Such deliveries are only
Acting Deputy Administrator.
accepted during the Regional Office
[FR Doc. E9–22924 Filed 9–23–09; 8:45 am]
normal hours of operation, and special
BILLING CODE 6560–50–P
arrangements should be made for
deliveries of boxed information. The
Regional Office official hours of
ENVIRONMENTAL PROTECTION
business are Monday through Friday,
AGENCY
8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
40 CFR Part 52
Instructions: Direct your comments to
[EPA–R05–OAR–2009–0664; FRL–8962–2]
Docket ID No. EPA–R05–OAR–2009–
0664. EPA’s policy is that all comments
Approval and Promulgation of Air
received will be included in the public
Quality Implementation Plans; The
docket without change and may be
Chicago and Evansville Nonattainment made available online at https://
Areas; Determination of Attainment of
www.regulations.gov, including any
the Fine Particle Standard
personal information provided, unless
the comment includes information
AGENCY: Environmental Protection
claimed to be Confidential Business
Agency (EPA).
Information (CBI) or other information
ACTION: Proposed rule.
whose disclosure is restricted by statute.
Do not submit information that you
SUMMARY: EPA is proposing to
determine that the Chicago (Illinois and consider to be CBI or otherwise
protected through https://
Indiana) and Evansville (Indiana) areas
www.regulations.gov or e-mail. The
have attained the 1997 fine particle
https://www.regulations.gov Web site is
(PM2.5) National Ambient Air Quality
an ‘‘anonymous access’’ system, which
Standard (NAAQS). The proposed
means EPA will not know your identity
determinations are based upon qualityor contact information unless you
assured, quality-controlled, and
provide it in the body of your comment.
certified ambient air monitoring data
that show that the areas have monitored If you send an e-mail comment directly
attainment of the 1997 PM2.5 NAAQS for to EPA without going through https://
www.regulations.gov your e-mail
the 2006 to 2008 monitoring period.
address will be automatically captured
Preliminary data for 2009 suggest that
and included as part of the comment
the areas continue to monitor
that is placed in the public docket and
attainment. If these proposed
DATES: The proposed rule published on
April 16, 2002 at 67 FR 18528 is
withdrawn as of September 24, 2009.
FOR FURTHER INFORMATION CONTACT:
Gerald Filbin, Mail Code 1807T, U.S.
Environmental Protection Agency,
Office of Policy, Economics and
Innovation, 1200 Pennsylvania Avenue,
NW., Washington, DC 20460. Dr.
Filbin’s telephone number is (202) 566–
2182 and his e-mail address is
filbin.gerald@epa.gov. Further
information on today’s action may also
be obtained on the internet at https://
www.epa.gov/projectxl/njgold/
index.htm.
SUPPLEMENTARY INFORMATION: Regulatory
Impact: Because this action withdraws a
notice of proposed rulemaking, it is
neither a proposed nor a final rule and
therefore is not covered under Executive
Order 12866, the Regulatory Flexibility
Act, or other Executive Orders and
statutes that generally apply to those
rulemakings.
The proposed rule, ‘‘New Jersey Gold
Track Program Under Project XL,’’
published on April 16, 2002 at 67 FR
18528 is withdrawn as of September 24,
2009.
PO 00000
Frm 00024
Fmt 4702
Sfmt 4702
E:\FR\FM\24SEP1.SGM
24SEP1
Agencies
[Federal Register Volume 74, Number 184 (Thursday, September 24, 2009)]
[Proposed Rules]
[Pages 48689-48690]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-23021]
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 3
RIN 2900-AM74
Definition of Service in the Republic of Vietnam
AGENCY: Department of Veterans Affairs.
ACTION: Withdrawal of proposed rule.
-----------------------------------------------------------------------
SUMMARY: In a document published in the Federal Register on April 16,
2008, the Department of Veterans Affairs (VA) proposed to amend its
adjudication regulations regarding the definition of ``service in the
Republic of Vietnam.'' This document withdraws that proposed rule.
DATES: The proposed rule published at 73 FR 20566 on April 16, 2008, is
withdrawn as of September 24, 2009.
FOR FURTHER INFORMATION CONTACT: Nancy Copeland, Regulations Staff
(211D), Compensation and Pension Service, Veterans Benefits
Administration, Department of Veterans Affairs, 810 Vermont Avenue,
NW., Washington, DC 20420, (202) 461-9685. (This is not a toll-free
number.)
SUPPLEMENTARY INFORMATION: This rulemaking was initiated to respond to
a decision rendered by the U. S. Court of Appeals for Veterans Claims
(CAVC) in Haas v. Nicholson, 20 Vet. App. 257 (2006). While the comment
period for the proposed rule was pending, the United States Court of
Appeals for the Federal Circuit (Federal Circuit) decided Haas v.
Peake, 525 F.3d 1168 (Fed. Cir. 2008). The Federal Circuit reversed and
remanded the CAVC decision. The Federal Circuit found that VA's
requirement that a claimant had been present within the land borders of
Vietnam at some point in the course of his/her duty constitutes a
permissible interpretation of 38 U.S.C. 1116, and affirmed that the
language used in its implementing regulation, 38 CFR 3.307(a)(6)(iii),
may be interpreted as stating such an interpretation. A petition for a
writ of certiorari by the U.S. Supreme Court was denied. Haas v. Peake,
cert. denied, 129 S.Ct. 173 No. 08-525, 2009 WL 129302 (U.S. Jan. 21,
2009). There is no longer a need to revise Sec. 3.307(a)(6)(iii), or
the regulations that use identical language to define service in the
Republic of Vietnam (38 CFR 3.814 and 3.815). Thus, VA is withdrawing
the proposed rule.
[[Page 48690]]
Approved: August 26, 2009.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
[FR Doc. E9-23021 Filed 9-23-09; 8:45 am]
BILLING CODE P