2018 Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Proposed Rules 

and Vietnam, who are currently afflicted 

with osteoporosis. Therefore, in order to 

ensure that as many former POWs as 

possible benefit from this presumption, 

it is critical that VA take action as soon 

as practicable. Accordingly, the 

Secretary has provided a 30-day 

comment period for this rule. 

Unfunded Mandates 

The Unfunded Mandates Reform Act 

of 1995 requires, at 2 U.S.C. 1532, that 

agencies prepare an assessment of 

anticipated costs and benefits before 

issuing any rule that may result in an 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

(adjusted annually for inflation) in any 

given year. This rule would have no 

such effect on State, local, and tribal 

governments, or on the private sector. 

Executive Order 12866 

Executive Order 12866 directs 

agencies to assess all costs and benefits 

of available regulatory alternatives and, 

when regulation is necessary, to select 

regulatory approaches that maximize 

net benefits (including potential 

economic, environmental, public health 

and safety, and other advantages; 

distributive impacts; and equity). The 

Executive Order classifies a ‘‘significant 

regulatory action’’ requiring review by 

the Office of Management and Budget, 

as any regulatory action that is likely to 

result in a rule that may: (1) Have an 

annual effect on the economy of $100 

million or more or adversely affect in a 

material way the economy, a sector of 

the economy, productivity, competition, 

jobs, the environment, public health or 

safety, or State, local, or tribal 

governments or communities; (2) create 

a serious inconsistency or interfere with 

an action taken or planned by another 

agency; (3) materially alter the 

budgetary impact of entitlements, 

grants, user fees, or loan programs or the 

rights and obligations of entitlement 

recipients; or (4) raise novel legal or 

policy issues arising out of legal 

mandates, the President’s priorities, or 

the principles set forth in the Executive 

Order. 

VA has examined the economic, 

interagency, budgetary, legal, and policy 

implications of this proposed rule and 

has concluded that it is a significant 

regulatory action under Executive Order 

12866 because it is likely to result in a 

rule that may raise novel legal or policy 

issues arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in the Executive Order. 

Paperwork Reduction Act 

This document contains no provisions 

constituting a collection of information 

under the Paperwork Reduction Act of 

1995 (44 U.S.C. 3501–3521). 

Regulatory Flexibility Act 

The Secretary hereby certifies that 

this proposed rule will not have a 

significant economic impact on a 

substantial number of small entities as 

they are defined in the Regulatory 

Flexibility Act, 5 U.S.C. 601–612. This 

proposed rule would not affect any 

small entities. Only VA beneficiaries 

could be directly affected. Therefore, 

pursuant to 5 U.S.C. 605(b), this 

proposed rule is exempt from the initial 

and final regulatory flexibility analysis 

requirements of sections 603 and 604. 

Catalog of Federal Domestic Assistance 

The Catalog of Federal Domestic 

Assistance program numbers and titles 

for this rule are as follows: 64.109, 

Veterans Compensation for ServiceConnected Disability; and 64.110, 

Veterans Dependency and Indemnity 

Compensation for Service-Connected 

Death. 

List of Subjects in 38 CFR Part 3 

Administrative practice and 

procedure, Claims, Disability benefits, 

Health care, Pensions, Veterans, 

Vietnam. 

Approved: November 5, 2008. 

James B. Peake, 

Secretary of Veterans Affairs. 

For the reasons set forth in the 

preamble, VA proposes to amend 38 

CFR part 3 as follows: 

PART 3—ADJUDICATION 

Subpart A—Pension, Compensation, 

and Dependency and Indemnity 

Compensation 

1. The authority citation for part 3, 

subpart A continues to read as follows: 

Authority: 38 U.S.C. 501(a), unless 

otherwise noted. 

2. Amend § 3.309(c)(2) by: 

(a) In the list of diseases, adding 

‘‘Osteoporosis.’’ after ‘‘Cirrhosis of the 

liver.’’. 

(b) Revising the authority citation at 

the end of the paragraph. 

The revision reads as follows: 

§ 3.309 Disease subject to presumptive 

service connection. 

* * * * * 

(c) * * * 

(2) * * * 

Authority: 38 U.S.C. 501(a) and 1112(b). 

[FR Doc. E9–587 Filed 1–13–09; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2007–1031; FRL–8754–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; Utah’s 

Emission Inventory Reporting 

Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed Rule. 

SUMMARY: EPA is proposing to approve 

State Implementation Plan (SIP) 

revisions submitted by the State of Utah 

on September 7, 1999, and December 1, 

2003. The revisions add the 

requirements of EPA’s Consolidated 

Emission Reporting Rule (CERR) to the 

State’s SIP. The intended effect of this 

action is to approve only those portions 

from the State’s submittals that add 

CERR requirements. This action is being 

taken under section 110 of the Clean Air 

Act. 

In the ‘‘Rules and Regulations’’ 

section of this Federal Register, EPA is 

approving the State’s SIP revisions as a 

direct final rule without prior proposal 

because the Agency views these as noncontroversial SIP revisions and 

anticipates no adverse comments. A 

detailed rationale for taking this action 

is set forth in the preamble to the direct 

final rule. If EPA receives no adverse 

comments, EPA will not take further 

action on this proposed rule. If EPA 

receives adverse comments, EPA will 

withdraw the direct final rule and it will 

not take effect. EPA will address all 

public comments in a subsequent final 

rule based on this proposed rule. EPA 

will not institute a second comment 

period on this action. Any parties 

interested in commenting must do so at 

this time. Please note that if EPA 

receives adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

EPA may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

DATES: Any written comments on this 

proposal must be received on or before 

February 13, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2007–1031, by one of the 

following methods: 


sroberts on PROD1PC70 with PROPOSALS
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Proposed Rules 2019 

• http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

• E-mail: videtich.callie@epa.gov and 

komp.mark@epa.gov. 

• Fax: (303) 312–6064 (please alert 

the individual listed in the FOR FURTHER

INFORMATION CONTACT section if you are 

faxing comments). 

• Mail: Callie Videtich, Director, Air 

Program, Environmental Protection 

Agency (EPA), Region 8, Mailcode 8P– 

AR, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129. 

• Hand Delivery: Callie Videtich, 

Director, Air Program, Environmental 

Protection Agency (EPA), Region 8, 

Mailcode 8P–AR, 1595 Wynkoop Street, 

Denver, Colorado 80202–1129. Such 

deliveries are only accepted Monday 

through Friday, 8 a.m. to 4:30 p.m., 

excluding Federal holidays. Special 

arrangements should be made for 

deliveries of boxed information. 

Please see the direct final rule which 

is located in the Rules Section of this 

Federal Register for detailed 

instructions on how to submit 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Mark Komp, Air Program, U.S. 

Environmental Protection Agency, 

Region 8, Mailcode 8P–AR, 1595 

Wynkoop, Denver, Colorado 80202– 

1129, (303) 312–6022, 

komp.mark@epa.gov. 

SUPPLEMENTARY INFORMATION: See the 

information provided in the Direct Final 

Action of the same title which is located 

in the Rules and Regulations Section of 

this Federal Register. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: November 24, 2008. 

Stephen S. Tuber, 

Acting Regional Administrator, Region 8. 

[FR Doc. E9–522 Filed 1–13–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

[Docket No. 070514119–81404–02] 

RIN 0648–AV51 

Magnuson–Stevens Fishery 

Conservation and Management 

Reauthorization Act; Proposed Rule to 

Implement Identification and 

Certification Procedures to Address 

Illegal, Unreported, and Unregulated 

(IUU) Fishing Activities and Bycatch of 

Protected Living Marine Resources 

(PLMRs) 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes to implement 

identification and certification 

procedures to address illegal, 

unreported, and unregulated (IUU) 

fishing activities and bycatch of 

protected living marine resources 

(PLMRs) pursuant to the High Seas 

Driftnet Fishing Moratorium Protection 

Act (Moratorium Protection Act). The 

objective of these procedures is to 

promote the sustainability of 

transboundary and shared fishery stocks 

and to enhance the conservation and 

recovery of PLMRs. The proposed rule 

is intended to implement existing U.S. 

statutory authorities to address 

noncompliance with international 

fisheries management and conservation 

agreements and encourage the use of 

bycatch reduction methods in 

international fisheries that are 

comparable to methods used by U.S. 

fishermen. NMFS is seeking public 

comment on these procedures and on 

the sources and types of information to 

be considered in these procedures. 

DATES: Written comments must be 

received no later than 5 p.m. Eastern 

time on May 14, 2009. 

ADDRESSES: Written comments on this 

action, identified by RIN 0648–AV51, 

may be submitted by any of the 

following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov. 

• Mail: Laura Cimo, Trade and Marine 

Stewardship Division, Office of 

International Affairs, NMFS, 1315 East– 

West Highway, Silver Spring, MD 

20910. 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to http:// 

www.regulations.gov without change. 

All personal identifying information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit confidential business 

information or otherwise sensitive or 

protected information. NMFS will 

accept anonymous comments (enter ‘‘N/ 

A’’ in the required fields, if you wish to 

remain anonymous). Attachments to 

electronic comments will be accepted in 

Microsoft Word, Excel, WordPerfect, or 

Adobe PDF file formats only. 

FOR FURTHER INFORMATION CONTACT: 

Laura Cimo, Trade and Marine 

Stewardship Division, Office of 

International Affairs, NMFS, at (301) 

713–9090. 

SUPPLEMENTARY INFORMATION: NMFS is 

soliciting feedback on the proposed 

rule. Information and comments 

concerning this proposed rule may be 

submitted by any one of several 

methods (see ADDRESSES). NMFS will 

also seek feedback from other nations on 

the proposed rule at bilateral and 

multilateral meetings, as appropriate. 

Information related to the international 

fisheries provisions of the Moratorium 

Protection Act can be found on the 

NMFS Web site at http:// 

www.nmfs.noaa.gov/msa2007/. NMFS 

will consider all comments and 

information received during the 

comment period in preparing a final 

rule. 

National Environmental Policy Act 

(NEPA) 

NMFS prepared a draft Environmental 

Assessment (EA) to accompany this 

proposed rule. The EA was developed 

as an integrated document that includes 

a Regulatory Impact Review (RIR) and 

an Initial Regulatory Flexibility 

Analysis (RFA). Copies of the draft EA/ 

RIR/RFA analysis are available at the 

following address: Office of 

International Affairs, F/IA, National 

Marine Fisheries Service, 1315 East– 

West Highway, Silver Spring, MD 

20910. Copies are also available via the 

Internet at the NMFS website at http:// 

www.nmfs.noaa.gov/msa2007/. 

Electronic Access 

This proposed rule is accessible via 

the Internet at the Government Printing 

Office website at http:// 

www.access.gpo.gov/suldocs/. 

Background 

The Magnuson–Stevens Fishery 

Conservation and Management 

Reauthorization Act of 2006 (MSRA), 


sroberts on PROD1PC70 with PROPOSALS