14492 Federal Register / Vol. 74, No. 60 / Tuesday, March 31, 2009 / Rules and Regulations 

SUPPLEMENTARY INFORMATION: On 

October 29, 2008, at 73 FR 64208, VA 

published an interim final rule 

amending 38 CFR 3.304(f) to relax the 

requirement for establishing service 

connection for PTSD that was diagnosed 

in service. We added a new paragraph 

to provide that, if the evidence shows 

that a veteran’s PTSD was diagnosed 

during service and the claimed stressor 

is related to that service, in the absence 

of clear and convincing evidence to the 

contrary, and provided that the claimed 

stressor is consistent with the 

circumstances, conditions, or hardships 

of the veteran’s service, the veteran’s lay 

testimony alone may establish the 

occurrence of the claimed in-service 

stressor. 

We provided a 30-day comment 

period that ended November 28, 2008. 

We received one comment. The 

commenter supported the relaxed 

standards for providing benefits for 

veterans who were diagnosed with 

PTSD while in service, but objected to 

requiring a veteran to show a stressor 

consistent with the circumstances, 

conditions, or hardships of the veteran’s 

service. The commenter felt that the 

requirement was especially troublesome 

in a theater of combat such as Iraq 

where combat is experienced by troops 

with varying military occupational 

specialties and who, because of the 

circumstances of their service, may not 

be able to corroborate or establish the 

circumstances or conditions of their 

stressors. 

We make no change based on this 

comment. The language to which the 

commenter objects is mandated by 38 

U.S.C. 1154(a). Section 1154(a) requires 

VA to include in regulations pertaining 

to service connection of disabilities 

provisions requiring VA to consider 

‘‘the places, types, and circumstances’’ 

of a veteran’s service when deciding a 

claim for service connection. Also, the 

inclusion of that language in the 

regulation makes it parallel to 38 U.S.C. 

1154(b) in ensuring that the stressor 

claim is plausible in light of what is 

known of the veteran’s service. 

VA appreciates the comment 

submitted in response to the interim 

final rule. Based on the rationale stated 

in the interim final rule and in this 

document, we now affirm as a final rule 

the amendments made by the interim 

final rule. 

Administrative Procedure Act 

This document affirms without any 

changes amendments made by an 

interim final rule that is already in 

effect. Accordingly, we have concluded 

under 5 U.S.C. 553 that there is good 

cause for dispensing with a delayed 

effective date based on the conclusion 

that such procedure is impracticable, 

unnecessary, and contrary to the public 

interest. 

Paperwork Reduction Act 

This document contains no provisions 

constituting a collection of information 

under the Paperwork Reduction Act (44 

U.S.C. 3501–3521). 

Regulatory Flexibility Act 

The Secretary hereby certifies that 

this final 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 final rule 

would not affect any small entities. 

Only VA beneficiaries could be directly 

affected. Therefore, pursuant to 5 U.S.C. 

605(b), this final rule is exempt from the 

initial and final regulatory flexibility 

analysis requirements of sections 603 

and 604. 

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 

(OMB), 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 

otherwise 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 

recipients thereof; 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. 

The economic, interagency, 

budgetary, legal, and policy 

implications of this final rule have been 

examined, and it has been determined 

not to be a significant regulatory action 

under Executive Order 12866. 

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 

year. This final rule would have no 

consequential effect on State, local, and 

tribal governments, or on the private 

sector. 

Catalog of Federal Domestic Assistance 

Numbers and Titles 

The Catalog of Federal Domestic 

Assistance program numbers and titles 

for this rule are 64.109, Veterans 

Compensation for Service-Connected 

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, Radioactive 

materials, Veterans, Vietnam. 

Approved: March 23, 2009. 

John R. Gingrich, 

Chief of Staff, Department of Veterans Affairs. 

Part 3—ADJUDICATION 

Subpart A—Pension, Compensation, 

and Dependency and Indemnity 

Compensation 

The interim final rule amending 38 

CFR Part 3 that was published at 73 FR 

64208 on October 29, 2008, is adopted 

as a final rule without change. 

[FR Doc. E9–7229 Filed 3–30–09; 8:45 am] 

BILLING CODE 8320–01–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Part 52 

[FAC 2005–31; FAR Case 2006–032; 

Item I; Docket 2007–0002; Sequence 11] 

RIN 9000–AK78 

Federal Acquisition Regulation; FAR 

Case 2006–032, Small Business Size 

Rerepresentation 

Correction 

In rule document E9–5871 beginning 

on page 11821 in the issue of Thursday, 


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Federal Register / Vol. 74, No. 60 / Tuesday, March 31, 2009 / Rules and Regulations 14493 

March 19, 2009 make the following 

corrections: 

52.212–5 [Corrected] 

1. On page 11825, in the third 

column, in 52.212–5, in the clause, 

‘‘CONTRACT TERMS AND 

CONDITIONS REQUIRED TO 

IMPLEMENT STATUTES OR 

EXECUTIVE ORDERS—COMMERCIAL 

ITEMS (MAR 2009)’’ 

should read 

‘‘CONTRACT TERMS AND 

CONDITIONS REQUIRED TO 

IMPLEMENT STATUTES OR 

EXECUTIVE ORDERS—COMMERCIAL 

ITEMS (APR 2009)’’. 

2. In the same clause, in the same 

section, paragraph (b)(16) is printed to 

read as set forth below: 

(b) * * * 

(16) 52.219–28, Post Award Small Business 

Program Rerepresentation (APR 2009) (15 

U.S.C. 632(a)(2)). 

52.219–28 [Corrected] 

3. On page 11825, in the third 

column, in 52.219–28, in the clause, 

‘‘POST–AWARD SMALL BUSINESS 

PROGRAM REREPRESENTATION 

(MAR 2009)’’ 

should read 

‘‘POST–AWARD SMALL BUSINESS 

PROGRAM REREPRESENTATION (APR 

2009)’’. 

[FR Doc. Z9–5871 Filed 3–30–09; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0810141351–9087–02] 

RIN 0648–XO11 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Atka Mackerel in the 

Bering Sea and Aleutian Islands 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closures and 

openings. 

SUMMARY: NMFS is announcing the 

opening and closing dates of the 

Amendment 80 cooperative’s Atka 

mackerel directed fishery within the 

harvest limit area (HLA) in Statistical 

Areas 542 and 543 (Area 542 and Area 

543), and the opening and closing dates 

of the BSAI Trawl Limited Access Atka 

mackerel directed fishery within the 

harvest limit area (HLA) in Statistical 

Area 542 . This action is necessary to 

fully use the 2009 A season HLA limits 

of Atka mackerel in Areas 542 and 543 

of the Bering Sea and Aleutian Islands 

management area (BSAI). 

DATES: The directed fishery in the HLA 

for Area 542 by the Amendment 80 

cooperative vessels authorized to 

participate in the first HLA fishery in 

Area 542, opens effective 1200 hrs, 

A.l.t., March 27, 2009, through 1200 hrs, 

A.l.t., April 6, 2009. 

The directed fishery in the HLA for 

Area 542 by the Amendment 80 

cooperative vessels authorized to 

participate in the second HLA fishery in 

area 542, opens effective 1200 hrs, A.l.t., 

April 7, 2009, through 1200 hrs, A.l.t., 

April 15, 2009. 

The directed fishery in the HLA for 

Area 542 by the BSAI Trawl Limited 

Access vessels authorized to participate 

in the first HLA fishery in Area 542, 

opens effective 1200 hrs, A.l.t., March 

27, 2009, through 1200 hrs, A.l.t., April 

6, 2009. 

The directed fishery in the HLA for 

Area 543 by the Amendment 80 

cooperative vessels authorized to 

participate in the first HLA fishery in 

Area 543, opens effective 1200 hrs, 

A.l.t., March 27, 2009, through 1200 hrs, 

A.l.t., April 6, 2009. 

Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., April 10, 2009. 

ADDRESSES: Send comments to Sue 

Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Ellen Sebastian. You may submit 

comments, identified by ‘‘RIN 0648– 

XO11,’’ by any one of the following 

methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal website at 

http://www.regulations.gov. 

• Mail: P. O. Box 21668, Juneau, AK 

99802. 

• Fax: (907) 586–7557. 

• Hand delivery to the Federal 

Building: 709 West 9th Street, Room 

420A, Juneau, AK. 

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 (e.g., name, address) 

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 

portable document file (pdf) formats 

only. 

FOR FURTHER INFORMATION CONTACT: 

Mary Furuness, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands Management Area 

(FMP) prepared by the North Pacific 

Fishery Management Council under 

authority of the Magnuson–Stevens 

Fishery Conservation and Management 

Act. Regulations governing fishing by 

U.S. vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

In accordance with the final 2009 and 

2010 harvest specifications for 

groundfish in the BSAI (74 FR 7359, 

February 17, 2009) the HLA limit of the 

A season allowance of the 2009 TAC for 

Atka mackerel in Area 542 is 3,314 

metric tons (mt) and in Area 543 is 

1,739 mt for the Amendment 80 

cooperative. For BSAI trawl Limited 

Access in Area 542, the HLA limit of the 

A season allowance of the 2009 TAC for 

Atka mackerel is 348 mt. NMFS 

previously announced the opening and 

closing dates of the first and second 

directed fisheries within the HLA in 

Statistical Areas 542 and 543 (74 FR 

5625, January 30, 2009) and (74 FR 

8216, February 24, 2009). NMFS has 

determined that approximately 1,111 mt 

of Atka mackerel remain in the A season 

HLA limit in Area 542 and 

approximately 1,726 mt of Atka 

mackerel remain in the A season HLA 

limit in Area 543 for vessels 

participating in the Amendment 80 

cooperative. NMFS has also determined 

that approximately 273 mt of Atka 

mackerel remain in the A season HLA 

limit in Area 542 for vessels 

participating in the BSAI Trawl Limited 

Access fishery. Therefore, in accordance 

with § 679.25(a)(1)(i), (a)(2)(i)(C) and 

(a)(2)(iii)(D), and to fully utilize the A 

season HLA limits of Atka mackerel in 

Areas 542 and 543, NMFS is terminating 

the previous closures and is opening 

directed fishing for Atka mackerel in the 

HLA of Areas 542 and 543 for 

Amendment 80 cooperative vessels 

authorized to participate in the first 

HLA fishery in Areas 542 and 543. 

NMFS is also terminating the previous 

closure and is opening directed fishing 

for Atka mackerel in the HLA of Area 


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