Federal Register / Vol. 74, No. 184 / Thursday, September 24, 2009 / Proposed Rules 48689 

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 

Administrative practice and 

procedure, Authority delegations 

(Government agencies), Cigars and 

cigarettes, Excise taxes, Labeling, 

Packaging and containers, Reporting 

and recordkeeping requirements, 

Tobacco 

Proposed Amendments to the 

Regulations 

For the reasons discussed in the 

preamble, TTB proposes to amend 27 

CFR, chapter I, parts 40, 41, and 45 as 

follows: 

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. 

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.] 

PART 41—IMPORTATION OF 

TOBACCO PRODUCTS AND 

CIGARETTE PAPERS AND TUBES, 

AND PROCESSED TOBACCO 

3. The authority citation for part 41 is 

revised to read 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: 

Authority: 26 U.S.C. 5702–5705, 5723, 

5741, 5751, 5762, 5763, 6313, 7212, 7342, 

7606, 7805; 44 U.S.C. 3504(h). 

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.] 

Signed: August 23, 2009. 

John J. Manfreda, 

Administrator. 

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 

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 § 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. 


cprice-sewell on DSK2BSOYB1PROD with PROPOSALS
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 

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. 

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. 

Dated: September 16, 2009. 

Scott Fulton, 

Acting Deputy Administrator. 

[FR Doc. E9–22924 Filed 9–23–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2009–0664; FRL–8962–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; The 

Chicago and Evansville Nonattainment 

Areas; Determination of Attainment of 

the Fine Particle Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to 

determine that the Chicago (Illinois and 

Indiana) and Evansville (Indiana) areas 

have attained the 1997 fine particle 

(PM2.5) National Ambient Air Quality 

Standard (NAAQS). The proposed 

determinations are based upon qualityassured, quality-controlled, and 

certified ambient air monitoring data 

that show that the areas have monitored 

attainment of the 1997 PM2.5 NAAQS for 

the 2006 to 2008 monitoring period. 

Preliminary data for 2009 suggest that 

the areas continue to monitor 

attainment. If these proposed 

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 

West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the Regional Office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2009– 

0664. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

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 http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.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 


cprice-sewell on DSK2BSOYB1PROD with PROPOSALS