3534 Federal Register / Vol. 74, No. 12 / Wednesday, January 21, 2009 / Proposed Rules 

Appendix A to § 1910.134: Fit Testing 

Procedures (Mandatory) 

* * * * * 

C. * * * 

* * * * * 

3. * * * 

* * * * * 

(c) Revised PortaCount® Quantitative FitTesting Protocol 1. 

(1) When administrating this protocol to 

test subjects (i.e., employees), employers 

must comply with the requirements specified 

in paragraphs (a) and (b) of Part 1.C.3 of this 

appendix. In addition, employers must use 

the eight fit-testing exercises specified in 

section I.A.14 of this appendix when 

administering this protocol. Test subjects 

must perform these fit-testing exercises for at 

least 30 seconds, except for the grimace 

exercise, which test subjects must perform 

for 15 seconds. 

(2) Calculate the overall fit factor for this 

protocol as follows: 

Overall Fit Factor = ++++++

7

1111111 123457 /////// ff ff ff ff ff ff ff8

Note to Paragraph (c)(2): Only seven of the 

eight fit-testing exercises are used in this 

calculation because the results for the 

grimace exercise (ff6) are not included in the 

calculation. 

(d) Revised PortaCount® Quantitative FitTesting Protocol 2. 

(1) When administrating this protocol to 

test subjects (i.e., employees), employers 

must comply with the requirements specified 

in paragraphs (a) and (b) of Part 1.C.3 of this 

appendix. In addition, employers must use 

the fit-testing exercises specified in section 

I.A.14 of this appendix when administering 

this protocol, except that test subjects must 

not perform the fit-testing exercises specified 

by paragraphs (a)(1) and (a)(2) of section 

I.A.14 (i.e., the initial normal-breathing 

exercise and the deep-breathing exercise, 

respectively). Test subjects must perform 

these fit-testing exercises for at least 40 

seconds, except for the grimace exercise, 

which test subjects must perform for 15 

seconds. 

(2) This protocol requires the following 

minimum pass-fail fit-testing criteria: for half 

masks, an overall fit factor of 200 (instead of 

the usual 100); and, for full-facepiece 

respirators, an overall fit factor of 1,000 

(instead of the usual 500). 

(3) Calculate the overall fit factor for this 

protocol as follows: 

Overall Fit Factor = ++++

5

11111 34578 ///// ff ff ff ff ff

Note to Paragraph (d)(3): Only five of the 

eight fit-testing exercises are used in this 

calculation because test subjects do not 

perform the initial normal-breathing exercise 

(ff1) and the deep-breathing exercise (ff2), and 

the results for the grimace exercise (ff6) are 

not included in the calculation. 

* * * * * 

[FR Doc. E9–922 Filed 1–16–09; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Parts 160, 161, 164, and 165 

[USCG–2005–21869] 

RIN 1625–AA99 

Vessel Requirements for Notices of 

Arrival and Departure, and Automatic 

Identification System 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of public meeting; 

request for comments. 

SUMMARY: The Coast Guard announces a 

public meeting to receive comments on 

a notice of proposed rulemaking to 

amend Coast Guard regulations 

governing Notice of Arrival and 

Departure (NOAD) and Automatic 

Identification System (AIS) 

requirements. 

DATES: A public meeting will be held on 

March 5, 2009, from 12:30 p.m. to 3 

p.m. to provide an opportunity for oral 

comments. Written comments and 

related material may also be submitted 

to Coast Guard personnel specified at 

that meeting. The comment period for 

the proposed rule closes April 15, 2009. 

All comments and related material 

submitted after the meeting must either 

be submitted to our online docket via 

http://www.regulations.gov on or before 

April 15, 2009, or reach the Docket 

Management Facility by that date. 

ADDRESSES: The public meeting will be 

held at the United States Coast Guard 

Headquarters Building, Room 2415, 

2100 2nd Street, SW., Washington, DC 

20593; a government-issued photo 

identification (for example, a driver’s 

license) will be required for entrance to 

the building. 

You may submit written comments 

identified by docket number USCG– 

2005–21869 before or after the meeting 

using any one of the following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE, Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. Our online 

docket for this rulemaking is available 

on the Internet at http:// 

www.regulations.gov under docket 

number USCG–2005–21869. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions concerning the 

NOAD portion of this proposed 

rulemaking or concerning the public 

meeting, please contact Lieutenant 

Sharmine Jones, Office of Vessel 

Activities (CG–543), Coast Guard, 

Sharmine.N.Jones@uscg.mil, telephone 

202–372–1234. If you have questions on 

the AIS portion of this proposed 

rulemaking, contact Mr. Jorge Arroyo, 

Office of Navigation Systems (CG–5413), 

Coast Guard, Jorge.Arroyo@uscg.mil, 

telephone 202–372–1563. If you have 

questions on viewing or submitting 

material to the docket, call Ms. Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Background and Purpose 

We published a notice of proposed 

rulemaking (NPRM) in the Federal 

Register on December 16, 2008 (73 FR 

76295), entitled ‘‘Vessel Requirements 

for Notices of Arrival and Departure, 

and Automatic Identification System.’’ 

In it we stated our intention to hold a 

public meeting, and to publish a notice 


mstockstill on PROD1PC66 with PROPOSALSEP21JA09.126</GPH> EP21JA09.122</GPH>
Federal Register / Vol. 74, No. 12 / Wednesday, January 21, 2009 / Proposed Rules 3535 

to announce the location and date of the 

public meeting. 73 FR 76296. In this 

notice, we announce that public 

meeting to receive comments on this 

proposed rule. 

In the NPRM, we proposed to expand 

the applicability of Notice of Arrival 

and Departure (NOAD) and Automatic 

Identification System (AIS) 

requirements to more commercial 

vessels, modify NOAD reporting 

requirements, establish a mandatory 

method for electronic data submission 

and establish a separate requirement for 

certain vessels to submit notices of 

departure. The proposed rulemaking 

would also clarify existing AIS 

requirements and extend the 

applicability of AIS requirements 

beyond Vessel Traffic Service areas to 

all U.S. navigable waters. 

You may view the NPRM in our 

online docket, in addition to supporting 

documents prepared by the Coast Guard 

(Regulatory Analysis & Initial 

Regulatory Flexibility Analysis, Valuing 

Mortality Risk Reductions in Homeland 

Security Regulatory Analyses—Final 

Report June 2008, and an Environmental 

Checklist), and comments submitted 

thus far by going to http:// 

www.regulations.gov. Once there, select 

the Advanced Docket Search option on 

the right side of the screen, insert 

USCG–2005–21869 in the Docket ID 

box, press Enter, and then click on the 

item in the Docket ID column. If you do 

not have access to the Internet, you may 

view the docket online by visiting the 

Docket Management Facility in Room 

W12–140 on the ground floor of the 

Department of Transportation West 

Building, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. We have an 

agreement with the Department of 

Transportation to use the Docket 

Management Facility. 

We encourage you to participate in 

this rulemaking by submitting 

comments either orally at the meeting or 

in writing. If you bring written 

comments to the meeting, you may 

submit them to Coast Guard personnel 

specified at the meeting to receive 

written comments. These comments 

will be submitted to our online public 

docket. All comments received will be 

posted without change to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008 issue of the 

Federal Register (73 FR 3316). 

Information on Service for Individuals 

With Disabilities 

For information on facilities or 

services for individuals with disabilities 

or to request special assistance at the 

public meeting, contact Lieutenant 

Sharmine Jones at the telephone number 

indicated under the FOR FURTHER

INFORMATION CONTACT section of this 

notice. 

Public Meeting 

The Coast Guard will hold a public 

meeting regarding this proposed 

rulemaking on March 5, 2009, from 

12:30 p.m. to 3 p.m., at the United 

States Coast Guard Headquarters 

Building, Room 2415, 2100 2nd Street, 

SW., Washington, DC 20593. A 

government-issued photo identification 

(for example, a driver’s license) will be 

required for entrance to the building. 

Parking near the building is limited. 

Public transportation to the building 

(Bus Route 71) is limited to rush hours, 

approximately 6 to 9:30 a.m. and 3 to 6 

p.m. Contact the Washington 

Metropolitan Area Transit Authority for 

additional information at 202–637–7000 

or http://www.wmata.com/. 

We plan to record this meeting using 

an audio-digital recorder and to make 

that audio recording available through a 

link in our online docket. We will also 

provide a written summary of the 

meeting and comments and will place 

that summary in the docket. 

Dated: January 13, 2009. 

M.L. Blair, 

Captain, U.S. Coast Guard, Acting Director 

of Commercial Regulations and Standards. 

[FR Doc. E9–1135 Filed 1–16–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 17 

RIN 2900–AN23 

Expansion of Enrollment in the VA 

Health Care System 

AGENCY: Department of Veterans Affairs. 

ACTION: Proposed rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) proposes to amend its 

regulations regarding enrollment in the 

VA health care system. In particular, it 

proposes to establish additional 

subpriorities within enrollment priority 

category 8 and provide that beginning 

on the effective date of the rule, VA 

would enroll priority category 8 

veterans whose income exceeds the 

current means test and geographic 

means test income thresholds by 10 

percent or less. 

DATES: Written comments must be 

received on or before February 20, 2009. 

ADDRESSES: Written comments may be 

submitted through http:// 

www.Regulations.gov; by mail or handdelivery to the Director, Regulations 

Management (02REG), Department of 

Veterans Affairs, 810 Vermont Ave., 

NW., Room 1068, Washington, DC 

20420; or by fax to (202) 273–9026. 

Comments should indicate that they are 

submitted in response to ‘‘RIN 2900– 

AN23—Expansion of Enrollment.’’ 

Copies of comments received will be 

available for public inspection in the 

Office of Regulation Policy and 

Management, Room 1063B, between the 

hours of 8 a.m. and 4:30 p.m., Monday 

through Friday (except holidays). Please 

call (202) 461–4902 for an appointment. 

In addition, during the comment period, 

comments may be viewed online 

through the Federal Docket Management 

System (FDMS) at http:// 

www.Regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Tony Guagliardo, Director, Business 

Policy, Chief Business Office (163), 

Veterans Health Administration, 

Department of Veterans Affairs, 810 

Vermont Avenue, NW., Washington, DC 

20420, (202) 461–1591. (This is not a 

toll free number.) 

SUPPLEMENTARY INFORMATION: Public 

Law 104–262, the Veterans’ Health Care 

Eligibility Reform Act of 1996, required 

VA to establish a national enrollment 

system to manage the delivery of 

inpatient hospital care and outpatient 

medical care, within available 

appropriated resources. It directed that 

the enrollment system be managed in 

such a way as ‘‘to ensure that the 

provision of care to enrollees is timely 

and acceptable in quality,’’ and 

authorized such subprioritization of the 

statutory enrollment categories ‘‘as the 

Secretary determines necessary.’’ The 

law also provided that starting October 

1, 1998, most veterans had to enroll in 

the VA health care system as a 

condition for receiving VA hospital and 

outpatient care. 

In a document published in the 

Federal Register on January 17, 2003 

(68 FR 2670), VA published an interim 

final rule that amended 38 CFR 17.36 to 

add two new subpriorities to both 

enrollment priority categories 7 and 8, 

for a total of four subpriorities in each 

category. It also announced that 

mstockstill on PROD1PC66 with PROPOSALS