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. http://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 http:// 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 http:// Indiana) and Evansville (Indiana) areas www.regulations.gov or e-mail. The have attained the 1997 fine particle http://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 http:// 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 http:// 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]


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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.

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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]
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