Implementation of Section 1003(b) of the Department of Defense Appropriations Act, 2010, 69285-69286 [E9-31095]
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Federal Register / Vol. 74, No. 250 / Thursday, December 31, 2009 / Rules and Regulations
Reporting and recordkeeping
requirements, Scholarships and
fellowships, Travel and transportation
expenses, Veterans.
Signing Authority
The Secretary of Veterans Affairs, or
designee, approved this document and
authorized the undersigned to sign and
submit the document to the Office of the
Federal Register for publication
electronically as an official document of
the Department of Veterans Affairs. John
R. Gingrich approved this document for
publication on December 28, 2009.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
For the reasons set forth in the
preamble, VA amends 38 CFR part 17 as
follows:
■
one of the priority categories 2 through
6 of VA’s health care system (see
§ 17.36) shall not exceed the cap
established for the calendar year. During
the period from January 1, 2010 through
June 30, 2010, the cap will be $960. If
the copayment amount increases after
June 30, 2010, the cap of $960 shall be
increased by $120 for each $1 increase
in the copayment amount.
(3) Information on copayment/cap
amounts. Current copayment and cap
amounts are available at any VA
Medical Center and on our Web site,
https://www.va.gov. Notice of any
increases to the copayment and
corresponding increases to annual cap
amount will be published in the Federal
Register.
*
*
*
*
*
[FR Doc. E9–31124 Filed 12–30–09; 8:45 am]
PART 17—MEDICAL
BILLING CODE P
1. The authority citation for part 17
continues to read as follows:
■
Authority: 38 U.S.C. 501, 1721, and as
noted in specific sections.
FEDERAL COMMUNICATIONS
COMMISSION
2. In § 17.110, paragraph (b) is revised
to read as follows:
47 CFR Part 76
■
§ 17.110
*
*
*
*
*
(b) Copayments—(1) Copayment
amount. Unless exempted under
paragraph (c) of this section, a veteran
is obligated to pay VA a copayment for
each 30-day or less supply of
medication provided by VA on an
outpatient basis (other than medication
administered during treatment). For the
period from January 1, 2010 through
June 30, 2010, the copayment amount is
$8. Thereafter, the copayment amount
for each calendar year or other period as
determined by the Secretary will be
established by using the prescription
drug component of the Medical
Consumer Price Index as follows: The
Index as of the previous September 30
will be divided by the Index as of
September 30, 2001. The ratio so
obtained will be multiplied by the
original copayment amount of $7. The
new copayment amount will be this
result, rounded down to the whole
dollar amount.
erowe on DSK5CLS3C1PROD with RULES
[FCC 09–113]
Copayments for medication.
Note to paragraph (b)(1): Example for
determining copayment amount.
The ratio of the prescription drug
component of the Medical Consumer Price
Index for September 30, 2005, to the
corresponding Index for September 30, 2001,
was 1.1542. This ratio, when multiplied by
the original copayment amount of $7 equals
$8.08, and the copayment amount beginning
in calendar year 2006, rounded down to the
whole dollar amount, was set at $8.
(2) The total amount of copayments in
a calendar year for a veteran enrolled in
VerDate Nov<24>2008
13:48 Dec 30, 2009
Jkt 220001
Implementation of Section 1003(b) of
the Department of Defense
Appropriations Act, 2010
AGENCY: Federal Communications
Commission.
ACTION: Final rule.
SUMMARY: This document establishes a
new sunset date for certain
Commission’s rules applicable to
retransmission consent in accordance
with Section 1003(b) of the Department
of Defense Appropriations Act, 2010,
Public Law No. 111–118.
DATES: Effective December 31, 2009.
ADDRESSES: Federal Communications
Commission, 445 12th Street, SW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: For
additional information on this
proceeding, contact David Konczal,
David.Konczal@fcc.gov, of the Media
Bureau, Policy Division, (202) 418–
2120.
This is a
summary of the Order, FCC 09–113,
adopted and released on December 28,
2009. The full text of this document is
available for public inspection and
copying during regular business hours
in the FCC Reference Center, Federal
Communications Commission, 445 12th
Street, SW., CY–A257, Washington, DC
20554. This document will also be
available via ECFS (https://www.fcc.gov/
cgb/ecfs/). (Documents will be available
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00043
Fmt 4700
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69285
electronically in ASCII, Word 97, and/
or Adobe Acrobat.) The complete text
may be purchased from the
Commission’s copy contractor, 445 12th
Street, SW., Room CY–B402,
Washington, DC 20554. To request this
document in accessible formats
(computer diskettes, large print, audio
recording, and Braille), send an e-mail
to fcc504@fcc.gov or call the
Commission’s Consumer and
Governmental Affairs Bureau at (202)
418–0530 (voice), (202) 418–0432
(TTY).
Summary of the Order
I. Introduction
1. In this Order, we amend §§ 76.64(l)
and 76.65(f) of the Commission’s rules
in accordance with Section 1003(b) of
the Department of Defense
Appropriations Act, 2010, Public Law
No. 111–118, Sec. 1003(b) (2009), which
was enacted on December 19, 2009.
Section 325(b)(3)(C)(ii) of the
Communications Act of 1934, as
amended (the ‘‘Act’’), required the
Commission to adopt regulations that,
until January 1, 2010, prohibit a
television broadcast station that
provides retransmission consent from
engaging in exclusive contracts for
carriage or failing to negotiate in good
faith. 47 U.S.C. 325(b)(3)(C)(ii). Section
325(b)(3)(C)(iii) required the
Commission to adopt regulations that,
until January 1, 2010, prohibit a
multichannel video programming
distributor from failing to negotiate in
good faith for retransmission consent.
47 U.S.C. 325(b)(3)(C)(iii). The
Commission has previously adopted
rules to implement these provisions,
including §§ 76.64(l) and 76.65(f) to
reflect the sunset date of January 1,
2010. See 47 CFR 76.64(l) (‘‘Exclusive
retransmission consent agreements are
prohibited. No television broadcast
station shall make or negotiate any
agreement with one multichannel video
programming distributor for carriage to
the exclusion of other multichannel
video programming distributors. This
paragraph shall terminate at midnight
on December 31, 2009.’’); 47 CFR
76.65(f) (‘‘Termination of rules. This
section shall terminate at midnight on
December 31, 2009.’’).
2. In Section 1003(b) of the
Department of Defense Appropriations
Act, 2010, Congress amended Sections
325(b)(3)(C)(ii) and (iii) to replace the
previous sunset date of January 1, 2010
with a new sunset date of March 1,
2010. See Department of Defense
Appropriations Act, 2010, Public Law
No. 111–118, Sec. 1003(b). Accordingly,
we are amending our rules to reflect the
E:\FR\FM\31DER1.SGM
31DER1
erowe on DSK5CLS3C1PROD with RULES
69286
Federal Register / Vol. 74, No. 250 / Thursday, December 31, 2009 / Rules and Regulations
new sunset date, provided that if
Congress further extends this date, the
rules remain in effect until the statutory
authorization expires. We are amending
these rules without providing prior
public notice and comment because
prior notice and comment would be
impracticable in this case. See 5 U.S.C.
553(b)(3)(B). Section 1003(b) of the
Department of Defense Appropriations
Act, 2010 was enacted on December 19,
2009, less than two weeks before the
sunset date of January 1, 2010. This
provides the Commission with an
insufficient amount of time to publish a
Notice of Proposed Rulemaking in the
Federal Register, to allow time for
meaningful comment, and to consider
those comments before taking the
necessary actions prior to the sunset
date of January 1, 2010. See Petry v.
Block, 737 F.2d 1193, 1201 (D.C. Circ.
1984) (holding that the ‘‘extremely
limited time given by Congress’’
established ‘‘good cause’’ for not seeking
prior notice and comment). Moreover,
our action here is largely ministerial,
because it simply implements a new
sunset date established by Congress. See
5 U.S.C. 553(b)(3)(B). See, e.g.,
Metzenbaum v. Federal Energy
Regulatory Commission, 675 F.2d 1282,
1291 (DC Cir. 1982) (agency order,
issued pursuant to congressional waiver
of certain provisions of federal law that
would otherwise have governed
construction and operation of Alaskan
natural gas pipeline, was appropriately
issued without notice and comment as
a nondiscretionary ministerial action);
Implementation of Section 505 of the
Telecommunications Act of 1996
(Scrambling of Sexually Explicit Adult
Video Service Programming), 11 FCC
Rcd 5386, 5387 (1996); Implementation
of Sections 204(A) and 204(C) of the
Telecommunications Act of 1996
(Broadcast License Renewal
Procedures), 11 FCC Rcd 6363, 6364
(1996); Implementation of Sections
202(A) and 202(B)(1) of the
Telecommunications Act of 1996
(Broadcast Radio Ownership), 11 FCC
Rcd 12368, 12371 (1996);
Implementation of Sections 202(c)(1)
and 202(e) of the Telecommunications
Act of 1996 (National Broadcast
Television Ownership and Dual
Network Operations), 11 FCC Rcd
12374, 12377 (1996). Accordingly, we
find that this action falls within the
‘‘good cause’’ exception to the notice
and comment requirements of the
Administrative Procedure Act (‘‘APA’’).
Because we have found good cause for
not seeking prior notice and comment,
the Regulatory Flexibility Act and the
Congressional Review Act do not apply
VerDate Nov<24>2008
13:48 Dec 30, 2009
Jkt 220001
to our action here. See 5 U.S.C. 603(a);
5 U.S.C. 808. For similar reasons, we
find good cause to make these
amendments to our rules effective upon
publication in the Federal Register.
Because the legislation establishing the
new sunset date was enacted less than
two weeks prior to the previous sunset
date of January 1, 2010, we are unable
to provide for a 30-day period before the
new sunset date in these rules takes
effect. See 5 U.S.C. 553(d)(3) (‘‘The
required publication or service of a
substantive rule shall be made not less
than 30 days before its effective date,
except * * * as otherwise provided by
the agency for good cause found and
published with the rule.’’); see also 47
CFR 1.427(b).
II. Procedural Matters
3. This document does not contain
new or modified information collection
requirements subject to the Paperwork
Reduction Act of 1995 (PRA), Public
Law 104–13. In addition, therefore, it
does not contain any new or modified
information collection burden for small
business concerns with fewer than 25
employees, pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198, see 44 U.S.C.
3506(c)(4).
2. Section 76.64 is amended by
revising the last sentence of paragraph
(l) to read as follows:
■
§ 76.64
Retransmission consent.
*
*
*
*
*
(l) * * * This paragraph shall
terminate at midnight on February 28,
2010, provided that if Congress further
extends this date, the rules remain in
effect until the statutory authorization
expires.
*
*
*
*
*
■ 3. Section 76.65 is amended by
revising paragraph (f) to read as follows:
§ 76.65 Good faith and exclusive
retransmission consent complaints.
*
*
*
*
*
(f) Termination of rules. This section
shall terminate at midnight on February
28, 2010, provided that if Congress
further extends this date, the rules
remain in effect until the statutory
authorization expires.
[FR Doc. E9–31095 Filed 12–30–09; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
III. Ordering Clauses
49 CFR Part 192
4. It is ordered that pursuant to the
authority found in Section 325 of the
Communications Act of 1934, as
amended, 47 U.S.C. 325, and Section
1003(b) of the Department of Defense
Appropriations Act, 2010, Public Law
No. 111–118, Sec. 1003(b) (2009),
§§ 76.64(l) and 76.65(f) of the
Commission’s rules are hereby amended
as set forth in the rule changes below
and are effective December 31, 2009.
[Docket No. PHMSA–RSPA–2004–19854;
Amdt. 192–113]
Federal Communications Commission.
William F. Caton,
Deputy Secretary.
Rule Changes
For the reasons stated in the preamble,
the Federal Communications
Commission amends 47 CFR part 76 as
follows:
■
PART 76—MULTICHANNEL VIDEO
AND CABLE TELEVISION SERVICE
1. The authority citation for part 76
continues to read as follows:
■
Authority: 47 U.S.C. 151, 152, 153, 154,
301, 302, 302a, 303, 303a, 307, 308, 309, 312,
315, 317, 325, 338, 339, 340, 503, 521, 522,
531, 532, 533, 534, 535, 536, 537, 543, 544,
544a, 545, 548, 549, 552, 554, 556, 558, 560,
561, 571, 572 and 573.
PO 00000
Frm 00044
Fmt 4700
Sfmt 4700
RIN 2137–AE15
Pipeline Safety: Integrity Management
Program for Gas Distribution Pipelines
AGENCY: Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Final rule; extension of
comment period.
SUMMARY: PHMSA is extending for 30
days, until February 4, 2010, the period
for filing comments to the requirement
adopted in the final rule, ‘‘Pipeline
Safety: Integrity Management Program
for Gas Distribution Pipelines’’ to
require the reporting of failures of
compression couplings used in metal
pipe. PHMSA had invited public
comment on the extension of this
requirement to include reporting of
failure of compression couplings used
in metal pipe until January 4, 2010. The
American Gas Association (AGA)
requested that PHMSA extend the
comment period for thirty days.
DATES: Comment Date: Interested
persons are invited to submit comments
on the provisions for reporting failures
of compression couplings by February 4,
E:\FR\FM\31DER1.SGM
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Agencies
[Federal Register Volume 74, Number 250 (Thursday, December 31, 2009)]
[Rules and Regulations]
[Pages 69285-69286]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-31095]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 76
[FCC 09-113]
Implementation of Section 1003(b) of the Department of Defense
Appropriations Act, 2010
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document establishes a new sunset date for certain
Commission's rules applicable to retransmission consent in accordance
with Section 1003(b) of the Department of Defense Appropriations Act,
2010, Public Law No. 111-118.
DATES: Effective December 31, 2009.
ADDRESSES: Federal Communications Commission, 445 12th Street, SW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: For additional information on this
proceeding, contact David Konczal, David.Konczal@fcc.gov, of the Media
Bureau, Policy Division, (202) 418-2120.
SUPPLEMENTARY INFORMATION: This is a summary of the Order, FCC 09-113,
adopted and released on December 28, 2009. The full text of this
document is available for public inspection and copying during regular
business hours in the FCC Reference Center, Federal Communications
Commission, 445 12th Street, SW., CY-A257, Washington, DC 20554. This
document will also be available via ECFS (https://www.fcc.gov/cgb/ecfs/
). (Documents will be available electronically in ASCII, Word 97, and/
or Adobe Acrobat.) The complete text may be purchased from the
Commission's copy contractor, 445 12th Street, SW., Room CY-B402,
Washington, DC 20554. To request this document in accessible formats
(computer diskettes, large print, audio recording, and Braille), send
an e-mail to fcc504@fcc.gov or call the Commission's Consumer and
Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432
(TTY).
Summary of the Order
I. Introduction
1. In this Order, we amend Sec. Sec. 76.64(l) and 76.65(f) of the
Commission's rules in accordance with Section 1003(b) of the Department
of Defense Appropriations Act, 2010, Public Law No. 111-118, Sec.
1003(b) (2009), which was enacted on December 19, 2009. Section
325(b)(3)(C)(ii) of the Communications Act of 1934, as amended (the
``Act''), required the Commission to adopt regulations that, until
January 1, 2010, prohibit a television broadcast station that provides
retransmission consent from engaging in exclusive contracts for
carriage or failing to negotiate in good faith. 47 U.S.C.
325(b)(3)(C)(ii). Section 325(b)(3)(C)(iii) required the Commission to
adopt regulations that, until January 1, 2010, prohibit a multichannel
video programming distributor from failing to negotiate in good faith
for retransmission consent. 47 U.S.C. 325(b)(3)(C)(iii). The Commission
has previously adopted rules to implement these provisions, including
Sec. Sec. 76.64(l) and 76.65(f) to reflect the sunset date of January
1, 2010. See 47 CFR 76.64(l) (``Exclusive retransmission consent
agreements are prohibited. No television broadcast station shall make
or negotiate any agreement with one multichannel video programming
distributor for carriage to the exclusion of other multichannel video
programming distributors. This paragraph shall terminate at midnight on
December 31, 2009.''); 47 CFR 76.65(f) (``Termination of rules. This
section shall terminate at midnight on December 31, 2009.'').
2. In Section 1003(b) of the Department of Defense Appropriations
Act, 2010, Congress amended Sections 325(b)(3)(C)(ii) and (iii) to
replace the previous sunset date of January 1, 2010 with a new sunset
date of March 1, 2010. See Department of Defense Appropriations Act,
2010, Public Law No. 111-118, Sec. 1003(b). Accordingly, we are
amending our rules to reflect the
[[Page 69286]]
new sunset date, provided that if Congress further extends this date,
the rules remain in effect until the statutory authorization expires.
We are amending these rules without providing prior public notice and
comment because prior notice and comment would be impracticable in this
case. See 5 U.S.C. 553(b)(3)(B). Section 1003(b) of the Department of
Defense Appropriations Act, 2010 was enacted on December 19, 2009, less
than two weeks before the sunset date of January 1, 2010. This provides
the Commission with an insufficient amount of time to publish a Notice
of Proposed Rulemaking in the Federal Register, to allow time for
meaningful comment, and to consider those comments before taking the
necessary actions prior to the sunset date of January 1, 2010. See
Petry v. Block, 737 F.2d 1193, 1201 (D.C. Circ. 1984) (holding that the
``extremely limited time given by Congress'' established ``good cause''
for not seeking prior notice and comment). Moreover, our action here is
largely ministerial, because it simply implements a new sunset date
established by Congress. See 5 U.S.C. 553(b)(3)(B). See, e.g.,
Metzenbaum v. Federal Energy Regulatory Commission, 675 F.2d 1282, 1291
(DC Cir. 1982) (agency order, issued pursuant to congressional waiver
of certain provisions of federal law that would otherwise have governed
construction and operation of Alaskan natural gas pipeline, was
appropriately issued without notice and comment as a nondiscretionary
ministerial action); Implementation of Section 505 of the
Telecommunications Act of 1996 (Scrambling of Sexually Explicit Adult
Video Service Programming), 11 FCC Rcd 5386, 5387 (1996);
Implementation of Sections 204(A) and 204(C) of the Telecommunications
Act of 1996 (Broadcast License Renewal Procedures), 11 FCC Rcd 6363,
6364 (1996); Implementation of Sections 202(A) and 202(B)(1) of the
Telecommunications Act of 1996 (Broadcast Radio Ownership), 11 FCC Rcd
12368, 12371 (1996); Implementation of Sections 202(c)(1) and 202(e) of
the Telecommunications Act of 1996 (National Broadcast Television
Ownership and Dual Network Operations), 11 FCC Rcd 12374, 12377 (1996).
Accordingly, we find that this action falls within the ``good cause''
exception to the notice and comment requirements of the Administrative
Procedure Act (``APA''). Because we have found good cause for not
seeking prior notice and comment, the Regulatory Flexibility Act and
the Congressional Review Act do not apply to our action here. See 5
U.S.C. 603(a); 5 U.S.C. 808. For similar reasons, we find good cause to
make these amendments to our rules effective upon publication in the
Federal Register. Because the legislation establishing the new sunset
date was enacted less than two weeks prior to the previous sunset date
of January 1, 2010, we are unable to provide for a 30-day period before
the new sunset date in these rules takes effect. See 5 U.S.C. 553(d)(3)
(``The required publication or service of a substantive rule shall be
made not less than 30 days before its effective date, except * * * as
otherwise provided by the agency for good cause found and published
with the rule.''); see also 47 CFR 1.427(b).
II. Procedural Matters
3. This document does not contain new or modified information
collection requirements subject to the Paperwork Reduction Act of 1995
(PRA), Public Law 104-13. In addition, therefore, it does not contain
any new or modified information collection burden for small business
concerns with fewer than 25 employees, pursuant to the Small Business
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C.
3506(c)(4).
III. Ordering Clauses
4. It is ordered that pursuant to the authority found in Section
325 of the Communications Act of 1934, as amended, 47 U.S.C. 325, and
Section 1003(b) of the Department of Defense Appropriations Act, 2010,
Public Law No. 111-118, Sec. 1003(b) (2009), Sec. Sec. 76.64(l) and
76.65(f) of the Commission's rules are hereby amended as set forth in
the rule changes below and are effective December 31, 2009.
Federal Communications Commission.
William F. Caton,
Deputy Secretary.
Rule Changes
0
For the reasons stated in the preamble, the Federal Communications
Commission amends 47 CFR part 76 as follows:
PART 76--MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE
0
1. The authority citation for part 76 continues to read as follows:
Authority: 47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303,
303a, 307, 308, 309, 312, 315, 317, 325, 338, 339, 340, 503, 521,
522, 531, 532, 533, 534, 535, 536, 537, 543, 544, 544a, 545, 548,
549, 552, 554, 556, 558, 560, 561, 571, 572 and 573.
0
2. Section 76.64 is amended by revising the last sentence of paragraph
(l) to read as follows:
Sec. 76.64 Retransmission consent.
* * * * *
(l) * * * This paragraph shall terminate at midnight on February
28, 2010, provided that if Congress further extends this date, the
rules remain in effect until the statutory authorization expires.
* * * * *
0
3. Section 76.65 is amended by revising paragraph (f) to read as
follows:
Sec. 76.65 Good faith and exclusive retransmission consent
complaints.
* * * * *
(f) Termination of rules. This section shall terminate at midnight
on February 28, 2010, provided that if Congress further extends this
date, the rules remain in effect until the statutory authorization
expires.
[FR Doc. E9-31095 Filed 12-30-09; 8:45 am]
BILLING CODE 6712-01-P