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COURTHOUSE NEWS SERVICE
Federal Regulation Brief

March 23, 2009


Today’s Brief Includes:
AGRICULTURE, HEALTH, EDUCATION, LAW, SOCIAL SERVICES

(March 16-20)
Agriculture (USDA)

Education (USDE) – No newly published regulations this week

Health (HHS)

Housing (HUD) – No newly published regulations this week

Social Security (SSA) – No newly published regulations this week

Veterans Affairs (VA)


EMPLOYMENT, ENVIRONMENT, ENERGY, RESOURCES, TRIBES

(March 13-19)
Energy (DOE)

Environmental Protection (EPA) – Includes proposed regulations

Interior (DOI) – Includes proposed regulations

Labor (DOL) – Proposed regulations only

Labor Relations (NLRB) – No newly published regulations this week

Nuclear Regulatory Commission (NRC)



ENERGY (DOE)
NEWLY PUBLISHED REGULATIONS
Federal procurement of energy efficient products: Federal Procurement of Energy Efficient Products, Federal Register, March 13, 2009, Volume 74, Number 48, Rules and Regulations, Page 10830, 10 CFR Part 436, RIN 1904-AB68, Final rule.

[TEXT]  [PDF]

(This final rule is effective April 13, 2009.)


SUMMARY: The U.S. Department of Energy (DOE) promotes federal procurement of energy-efficient products. This final rule establishes guidelines for federal agencies regarding the implementation of amendments to the National Energy Conservation Policy Act (NECPA) that require federal agencies to procure ENERGY STAR qualified and Federal Energy Management Program (FEMP) designated products in procurements involving energy consuming products and systems. This final rule includes changes in response to comments received on the notice of proposed rulemaking published June 19, 2007. Most notably, this final rule does not establish a reporting requirement, as initially proposed, for federal agencies under procurement requirement of NECPA.
THIS ACTION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE LINKED DOCUMENT.

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ENVIRONMENTAL PROTECTION (EPA)
NEWLY PUBLISHED REGULATIONS
Approval and promulgation of air quality implementation plans, Alabama, update to materials incorporated by reference: Approval and Promulgation of Air Quality Implementation Plans; Alabama; Update to Materials Incorporated by Reference, Federal Register, March 18, 2009, Volume 74, Number 51, Rules and Regulations, Page 11483, 40 CFR Part 52, AL-200822, FRL-8759-9, Final rule, notice of administrative change.

[TEXT]  [PDF]

(This final rule, notice of administrative change, is effective March 18, 2009.)


SUMMARY: The Environmental Protection Agency (EPA) provides the public with notice of the update to the Alabama State Implementation Plan (SIP) compilation. In particular, materials submitted by Alabama incorporated by reference (IBR) into the Alabama SIP are updated to reflect EPA-approved revisions to Alabama's SIP that have occurred since the last update. In this action the EPA also notifies the public of the correction of certain typographical errors.
THIS ACTION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE LINKED DOCUMENT.

Approval and promulgation of air quality implementation plans, District of Columbia, update to materials incorporated by reference: Approval and Promulgation of Air Quality Implementation Plans; District of Columbia; Update to Materials Incorporated by Reference, Federal Register, March 19, 2009, Volume 74, Number 52, Rules and Regulations, Page 11664, 40 CFR Part 52, DC103-2051, FRL-8775-3, Final rule, Notice of administrative change.

[TEXT]  [PDF]

(This final rule, notice of administrative change, is effective March 19, 2009.)


SUMMARY: The Environmental Protection Agency (EPA) updates the materials submitted by the District of Columbia incorporated by reference (IBR) into the state implementation plan (SIP). The regulations affected by this update have been previously submitted by the District of Columbia Department of the Environment and approved by the EPA. This update affects the SIP materials available for public inspection at the National Archives and Records Administration (NARA), the Air and Radiation Docket and Information Center at the EPA Headquarters in Washington, DC, and the EPA Regional Office.
THIS ACTION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE LINKED DOCUMENT.

Approval and promulgation of air quality implementation plans, Maryland, update to materials incorporated by reference: Approval and Promulgation of Air Quality Implementation Plans; Maryland; Update to Materials Incorporated by Reference, Federal Register, March 19, 2009, Volume 74, Number 52, Rules and Regulations, Page 11647, 40 CFR Part 52, MD202-3118, FRL-8775-2, Final rule, notice of administrative change.

[TEXT]  [PDF]

(This final rule, notice of administrative change, is effective March 19, 2009.)


SUMMARY: The Environmental Protection Agency (EPA) updates the materials submitted by Maryland incorporated by reference (IBR) into the state implementation plan (SIP). The regulations affected by this update have been previously submitted by the Maryland Department of the Environment (MDE) and approved by the EPA. This update affects the SIP materials available for public inspection at the National Archives and Records Administration (NARA), the Air and Radiation Docket and Information Center at the EPA Headquarters in Washington, DC, and the Regional Office.
THIS ACTION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE LINKED DOCUMENT.

Approval and promulgation of air quality implementation plans, Pennsylvania, redesignation of the Clearfield/Indiana 8-hour ozone nonattainment area, etc.: Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Redesignation of the Clearfield/Indiana 8-Hour Ozone Nonattainment Area to Attainment and Approval of the Maintenance Plan and 2002 Base-Year Inventory, Federal Register, March 19, 2009, Volume 74, Number 52, Rules and Regulations, Page 11674, 40 CFR Part 52 and 81, EPA-R03-OAR-2007-0624, FRL-8777-4, Final rule.

[TEXT]  [PDF]

(This final rule is effective April 20, 2009.)


SUMMARY: The Environmental Protection Agency (EPA) approves a State Implementation Plan (SIP) revision submitted by the commonwealth of Pennsylvania. The Pennsylvania Department of Environmental Protection (PADEP) requests that the

Clearfield and Indiana Counties ozone nonattainment area (Clearfield/Indiana Area) be redesignated as attainment for the 1997 8-hour ozone national ambient air quality standard (NAAQS). The EPA approves the ozone redesignation request for the Clearfield/Indiana Area. In conjunction with its redesignation request, the PADEP submitted a SIP revision consisting of a maintenance plan for the Clearfield/Indiana Area that provides for continued attainment of the 1997 8-hour ozone NAAQS for at least 10 years after redesignation. The EPA approves the 8-hour maintenance plan. The PADEP also submitted a 2002 base year inventory for the Clearfield/Indiana Area, which the EPA approves. In addition, the EPA approves the adequacy determination for the motor vehicle emission budgets (MVEBs) identified in the Clearfield/Indiana Area maintenance plan for transportation conformity, and approves those MVEBs. The EPA approves the redesignation request, the maintenance plan, and the 2002 base year emissions inventory as revisions to the Pennsylvania SIP in accordance with the requirements of the Clean Air Act (CAA or the Act).


THIS ACTION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE LINKED DOCUMENT.

Approval and promulgation of air quality implementation plans, Pennsylvania, redesignation of the Greene County 8-hour ozone nonattainment area, etc.: Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Redesignation of the Greene County 8-Hour Ozone Nonattainment Area to Attainment and Approval of the Maintenance Plan and 2002 Base-Year Inventory, Federal Register, March 19, 2009, Volume 74, Number 52, Rules and Regulations, Page 11671, 40 CFR Part 52 and 81, EPA-R03-OAR-2007-0176, FRL-8777-3, Final rule.

[TEXT]  [PDF]

(This final rule is effective April 20, 2009.)


SUMMARY: The Environmental Protection Agency (EPA) approves a State Implementation Plan (SIP) revision submitted by the commonwealth of Pennsylvania. The Pennsylvania Department of Environmental Protection (PADEP) requests that the

Greene County ozone nonattainment area (Greene County Area) be redesignated as attainment for the 1997 8-hour ozone national ambient air quality standard (NAAQS). The EPA approves the ozone redesignation request for the Greene County Area. In conjunction with its redesignation request, the PADEP submitted a SIP revision consisting of a maintenance plan for the Greene County Area that provides for continued attainment of the 1997 8-hour ozone NAAQS for at least 10 years after redesignation. The EPA approves the 8-hour maintenance plan. The PADEP also submitted a 2002 base year inventory for the Greene County Area, which the EPA approves. In addition, the EPA approves the adequacy determination for the motor vehicle emission budgets (MVEBs) identified in the Greene County Area maintenance plan for transportation conformity, and is approving those MVEBs. The EPA approves the redesignation request, the maintenance plan, and the 2002 base year emissions inventory as revisions to the Pennsylvania SIP in accordance with the requirements of the Clean Air Act (CAA or the Act).


THIS ACTION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE LINKED DOCUMENT.

Approval and promulgation of air quality implementation plans, Virginia, amendments to the open burning regulation: Approval and Promulgation of Air Quality Implementation Plans; Virginia; Amendments to the Open Burning Regulation, Federal Register, March 19, 2009, Volume 74, Number 52, Rules and Regulations, Page 11661, 40 CFR Part 52, EPA-R03-OAR-2007-0200, FRL-8773-1, Final rule.

[TEXT]  [PDF]

(This final rule is effective April 20, 2009.)


SUMMARY: The Environmental Protection Agency (EPA) approves a State Implementation Plan (SIP) revision submitted by the commonwealth of Virginia. This SIP revision regards the amendments of Virginia's open burning regulation. The EPA approves this SIP revision in accordance with the Clean Air Act (CAA).
THIS ACTION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE LINKED DOCUMENT.

Approval and promulgation of implementation plans, Hawaii, correction: Approval and Promulgation of Implementation Plans; Hawaii; Correction, Federal Register, March 16, 2009, Volume 74, Number 49, Rules and Regulations, Page 11037, 40 CFR Part 52, EPA-R09-OAR-2008-0884, FRL-8771-1, Direct final rule.

[TEXT]  [PDF]

(This direct final rule is effective May 15, 2009 without further notice, unless the Environmental Protection Agency (EPA) receives adverse comments by April 15, 2009. If the EPA receives such comments, it will publish a timely withdrawal in the Federal Register to notify the public that this direct final rule will not take effect.)


SUMMARY: Under the Clean Air Act, the Environmental Protection Agency (EPA) corrects errors in certain final rules approving or compiling the Hawaii state implementation plan. These errors relate to the title of the plan, removal of variance provisions, and compilations of federally-enforceable regulations. The intended effect is to ensure that the Hawaii state implementation plan is correctly identified in the applicable part of the Code of Federal Regulations.
THIS ACTION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE LINKED DOCUMENT.

Final determination to approve research, development, and demonstration request for the Salt River Landfill: Final Determination to Approve Research, Development, and Demonstration Request for the Salt River Landfill, Federal Register, March 19, 2009, Volume 74, Number 52, Rules and Regulations, Page 11677, 40 CFR Part 258, EPA-R09-RCRA-2008-0354, FRL-8777-9, Final Rule.

[TEXT]  [PDF]

(This final rule is effective March 19, 2009. The incorporation by reference of certain publications listed in this rule are approved by the Director of the Federal Register as of March 19, 2009.)


SUMMARY: The Environmental Protection Agency (EPA) Region IX makes a final determination to approve a research, development, and demonstration (RD&D) project at the Salt River Landfill, a commercial municipal solid waste landfill (MSWLF) owned and operated by the Salt River Pima-Maricopa County Indian Community (SRPMIC) on the SRPMIC reservation in Arizona. The EPA promulgates a site-specific rule proposed August 4, 2008, that approves the RD&D project at the Salt River Landfill.
SALT RICER LANDFILL PROJECT: The EPA approves SRPMIC’s site-specific flexibility request to:


  1. Install an alternative bottom liner system in an area of the landfill known as Phase VI and to operate Phase VI as an anaerobic bioreactor by recirculating leachate and landfill gas condensate, and adding storm water and groundwater to the below grade portions of Phase VI; and




  1. Recirculate leachate and landfill gas condensate and add storm water and groundwater to the below grade portions of areas of the landfill known as Phases IIIB and IVA to increase the moisture content of the waste mass in these phases, both of which have alternative bottom liner systems, which were previously approved by the EPA.

THIS ACTION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE LINKED DOCUMENT.



Pesticide tolerances for emergency exemptions, pendimethalin: Pendimethalin; Pesticide Tolerances for Emergency Exemptions, Federal Register, March 18, 2009, Volume 74, Number 51, Rules and Regulations, Page 11489, 40 CFR Part 180, EPA-HQ-OPP-2008-0513, FRL-8400-1, Final rule.

[TEXT]  [PDF]

(This final rule is effective March 18, 2009. Any objections and requests for hearings must be received on or before May 18, 2009, and must be filed in accordance with the instructions provided in 40 CFR Part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION in the linked document).)


SUMMARY: The Environmental Protection Agency (EPA) establishes time-limited tolerances for combined residues of pendimethalin, [N-(1-ethylpropyl)-3,4-dimethyl-

2,6-dinitrobenzenamine] and its metabolite 4-[(1-ethylpropyl)amino]-2-methyl-3,5-dinitrobenzyl alcohol, in or on Bermuda grass forage and hay. This action is in response to crisis exemptions issued by the Texas Department of Agriculture and the Oklahoma Department of Agriculture under Section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of the pesticide on Bermuda grass pastures and hay fields. This action establishes a maximum permissible level for residues of pendimethalin in these feed commodities. The time-limited tolerances expire and are revoked December 31, 2009.


TOLERANCE: A tolerance is the amount of a toxin legally allowed on produce.
THIS ACTION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE LINKED DOCUMENT.

Pesticide tolerances for emergency exemptions, pyraclostrobin: Pyraclostrobin; Pesticide Tolerances for Emergency Exemptions, Federal Register, March 18, 2009, Volume 74, Number 51, Rules and Regulations, Page 11494, 40 CFR Part 180, EPA-HQ-OPP-2008-0936, FRL-8402-8, Final rule.

[TEXT]  [PDF]

(This final rule is effective March 18, 2009. Any objections and requests for hearings must be received on or before May 18, 2009, and must be filed in accordance with the instructions provided in 40 CFR Part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION in the linked document).)


SUMMARY: The Environmental Protection Agency (EPA) establishes time-limited tolerances for combined residues of pyraclostrobin and its desmethoxy metabolite in or on sugarcane, cane and sugarcane, molasses. This action is in response to the EPA's granting of an emergency exemption under Section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of the pesticide on sugarcane. This action establishes a maximum permissible level for residues of pyraclostrobin and its desmethoxy metabolite in these foods. The time-limited tolerances expire and are revoked December 31, 2011.
TOLERANCE: A tolerance is the amount of a toxin legally allowed on produce.
THIS ACTION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE LINKED DOCUMENT.

Tolerance exemptions, formaldehyde, polymer with 2–methyloxirane and 4–nonylphenol: Formaldehyde, Polymer with 2-Methyloxirane and 4-Nonylphenol; Tolerance Exemption, Federal Register, March 18, 2009, Volume 74, Number 51, Rules and Regulations, Page 11499, 40 CFR Part 180, EPA-HQ-OPP-2008-0794, FRL-8399-5, Final rule.

[TEXT]  [PDF]

(This final rule is effective March 18, 2009. Any objections and requests for hearings must be received on or before May 18, 2009, and must be filed in accordance with the instructions provided in 40 CFR Part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION in the linked document).)


SUMMARY: The Environmental Protection Agency (EPA) establishes an exemption from the requirement of a tolerance for residues of formaldehyde, polymer with 2-methyloxirane and 4-nonylphenol (CAS Reg. No. 37523-33-4); when used as an inert ingredient in a pesticide chemical formulation. Akzo Nobel Surface Chemistry, LLC, submitted a petition to the EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This action eliminates the need to establish a maximum permissible level for residues of formaldehyde, polymer with 2-methyloxirane and 4-nonylphenol on food or feed commodities.
TOLERANCE: A tolerance is the amount of a toxin legally allowed on produce.
THIS ACTION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE LINKED DOCUMENT.

PROPOSED REGULATIONS
Approval and promulgation of air quality implementation plans, Virginia: Approval and Promulgation of Air Quality Implementation Plans; Virginia; Northern Virginia Reasonably Available Control Technology Under the 8-Hour Ozone National Ambient Air Quality Standard, Federal Register, March 19, 2009, Volume 74, Number 52, Proposed Rules, Page 11702, 40 CFR Part 52, EPA-R03-OAR-2007-0287, FRL-8777-5, Proposed rule.

[TEXT]  [PDF]

(Any written comments must be received on or before April 20, 2009.)


SUMMARY: The Environmental Protection Agency (EPA) proposes to approve a State Implementation Plan (SIP) revision submitted by the commonwealth of Virginia. This SIP revision consists of a demonstration that the Virginia part (Cities of Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park; Counties of Arlington, Fairfax, Loudoun, and Prince William) of the Washington, DC-MD-VA area meets the requirements of reasonably available control technology (RACT) for oxides of nitrogen (NOX) and volatile organic compounds (VOCs) set forth by the Clean Air Act (CAA). This SIP revision demonstrates that all requirements for RACT are met either through: Certification that previously adopted RACT controls in Virginia's SIP that were approved by the EPA under the 1-hour ozone national ambient air quality standard (NAAQS) are based on the currently available technically and economically feasible controls, and that they continue to represent RACT for the 8-hour implementation purposes; a negative declaration demonstrating that no facilities exist in the Virginia part of the Washington, DC-MD-VA area for certain control technology guideline (CTG) categories; and a new RACT determination for a specific source. This action is taken under the CAA.
THIS ACTION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE LINKED DOCUMENT.

Approval and promulgation of implementation plans, Hawaii, correction: Approval and Promulgation of Implementation Plans; Hawaii; Correction, Federal Register, March 16, 2009, Volume 74, Number 49, Proposed Rules, Page 11049, 40 CFR Part 52, EPA-R09-OAR-2008-0884 FRL-8771-2, Proposed rule.

[TEXT]  [PDF]

(Any comments on this proposal must arrive by April 15, 2009.)


SUMMARY: Under the Clean Air Act, the Environmental Protection Agency (EPA) proposes to correct errors in certain final rules approving or compiling the Hawaii state implementation plan. These errors relate to the title of the plan, removal of variance provisions, and compilations of federally enforceable regulations.

Outer Continental Shelf Air regulations, consistency update for California: Outer Continental Shelf Air Regulations; Consistency Update for California, Federal Register, March 17, 2009, Volume 74, Number 50, Proposed Rules, Page 11330, 40 CFR Part 55, OAR-2004-0091, FRL-8768-8, Proposed rule--Consistency Update.

[TEXT]  [PDF]

(Any comments must arrive by April 16, 2009.)


SUMMARY: The Environmental Protection Agency (EPA) proposes to update a part of the Outer Continental Shelf (OCS) Air Regulations. Requirements applying to the OCS sources within 25 miles of states' seaward boundaries must be updated periodically to remain consistent with the requirements of the corresponding onshore area (COA), as mandated by Section 328(a)(1) of the Clean Air Act, as amended in 1990 (the Act). The parts of the OCS air regulations being updated regard the requirements for the OCS sources by the Ventura County Air Pollution Control District (Ventura County APCD). The intended effect of approving the OCS requirements for the Ventura County APCD is to regulate emissions from the OCS sources in accordance with the requirements onshore. The change to the existing requirements is proposed to be incorporated by reference into the Code of Federal Regulations and is listed in the appendix to the OCS air regulations.
THIS ACTION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE LINKED DOCUMENT.

Prevention of Significant Deterioration (PSD) and nonattainment New Source Review (NSR), aggregation: Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Aggregation, Federal Register, March 18, 2009, Volume 74, Number 51, Proposed Rules, Page 11509, 40 CFR Parts 51 and 52, EPA-HQ-OAR-2003-0064, FRL-8783-4, RIN 2060-AP49, Proposed Rule.

[TEXT]  [PDF]

(Any comments must be received on or before April 17, 2009. If anyone contacts the Environmental Protection Agency (EPA) requesting a public hearing by March 30, 2009, the EPA will hold a public hearing April 2, 2009. If a hearing is held, the record for the hearing remains open until May 4, 2009.)


SUMMARY: The Environmental Protection Agency (EPA) proposes to delay the effective date for its rule addressing “aggregation” under the Prevention of Significant Deterioration (PSD) and the nonattainment New Source Review (nonattainment NSR) programs (collectively, NSR) published in the Federal Register January 15, 2009. This rule (the NSR Aggregation Amendments) described when a source must combine (aggregate) nominally-separate physical changes and changes in the method of operation for the purpose of determining whether they are a single change resulting in a significant emissions increase.

On January 30, 2009, the Natural Resources Defense Council (NRDC) submitted a petition for reconsideration (the NRDC Petition) of the NSR Aggregation Amendments. In response to the NRDC Petition, the EPA announced February 13, 2009, that it would convene a reconsideration proceeding for the NSR Aggregation Amendments and would delay the effective date of the rule from February 17, 2009 until May 18, 2009. In this action, the EPA proposes an additional delay of the effective date of the NSR Aggregation Amendments and soliciting comment on the duration of this additional delay to allow for sufficient time to conduct the reconsideration proceeding.


THIS ACTION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE LINKED DOCUMENT.

Testing of certain high production volume chemicals, second group of chemicals, public meeting: Testing of Certain High Production Volume Chemicals; Second Group of Chemicals; Notice of Public Meeting, Federal Register, March 16, 2009, Volume 74, Number 49, Proposed Rules, Page 11050, 40 CFR Part 799, EPA-HQ-OPPT-2007-0531, FRL-8404-6, RIN 2070-AD16, Proposed rule, notice of public meeting.

[TEXT]  [PDF]

(The meeting will be held March 31, 2009, from 8 a.m. to noon. Any requests to participate in the meeting must be received on or before March 31, 2009. To request accommodation of a disability, please contact the person listed under FOR FURTHER INFORMATON CONTACT in the linked document, preferably at least 10 days prior to the meeting, to give the Environmental Protection Agency as much time as possible to process such request.)


SUMMARY: The Environmental Protection Agency (EPA) will hold a public meeting to give members of the public an opportunity to comment on a proposed rule under Section 4(a)(1)(B) of the Toxic Substances Control Act (TSCA) to require manufacturers, importers, and processors of certain high production volume (HPV) chemical substances to conduct testing to obtain screening level data for health and environmental effects and chemical fate. Opportunity to present oral comment was provided in the proposed rule, and in response to that opportunity, two requests to present oral comments were received.
THIS ACTION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE LINKED DOCUMENT.

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INTERIOR (DOI)
NEWLY PUBLISHED REGULATIONS
FISH AND WILDLIFE SERVICE (USFWS)

 

Endangered and threatened wildlife and plants, Phyllostegia hispida: Endangered and Threatened Wildlife and Plants; Listing Phyllostegia hispida (No Common Name) as Endangered Throughout Its Range, Federal Register, March 17, 2009, Volume 74, Number 50, Rules and Regulations, Page 11319, 50 CFR Part 17, FWS-R1-ES-2008-0016, MO 9221050083-B2, RIN 1018-AV00, Final rule.



[TEXT]  [PDF]

(This final rule is effective April 16, 2009.)


SUMMARY: The U.S. Fish and Wildlife Service (USFWS or Service) determines endangered status under the Endangered Species Act of 1973, as amended (Act), for Phyllostegia hispida (no common name), a plant species from the island of Molokai in the Hawaiian Islands. This action implements the federal protections provided by the Act for this species. The EPA also determined that critical habitat for P. hispida is prudent but not determinable at this time.
SPECIES: Phyllostegia hispida is known only from the island of Molokai, Hawaii, where 24 wild and 214 outplanted individuals currently exist. Molokai is approximately 38 miles (mi) (61 kilometers (km)) long and up to 10 mi (16 km) wide, and encompasses an area of about 260 square (sq) mi (674 sq km). Three shield volcanoes make up most of the land mass, dividing the island into roughly three geographic segments: West Molokai Mountain, East Molokai Mountain, and a volcano that formed Kalaupapa Peninsula.
THREAT: European pigs, introduced to Hawaii by Captain James Cook in 1778, hybridized with domesticated Polynesian pigs, became feral, and invaded forested areas, especially wet and mesic forests and dry areas at high elevations. They are currently on Kauai, Niihau, Oahu, Molokai, Maui, and Hawaii. These introduced feral pigs are extremely destructive and have both direct and indirect impacts on native plant communities. While rooting in the earth in search of invertebrates and plant material, feral pigs directly affect native plants by disturbing and destroying vegetative cover, trampling plants and seedlings, and possibly reducing or eliminating plant regeneration by damaging or eating seeds and seedlings. Feral pigs are a major vector for the establishment and spread of competing invasive, nonnative plant species, by dispersing these plant seeds on their hooves and coats as well as through their digestive tracts, and by fertilizing the disturbed soil through their feces. Feral pigs feed preferentially on the fruits of many nonnative plants, such as Passiflora tarminiana (banana poka) and Psidium cattleianum (strawberry guava), thereby facilitating the spread of these invasive species, and also contribute to erosion by clearing vegetation and creating large areas of disturbed soil, especially on slopes.

PROPOSED REGULATIONS
FISH AND WILDLIFE SERVICE (USFWS)

 

Endangered and threatened wildlife and plants, listing the plant Lepidium papilliferum (slickspot peppergrass) as endangered: Endangered and Threatened Wildlife and Plants; Listing the Plant Lepidium papilliferum (Slickspot Peppergrass) as Endangered, Federal Register, March 17, 2009, Volume 74, Number 50, Proposed Rules, Page 11342, 50 CFR Part 17, FWS-R1-ES-2008-0096, MO 922105083-B2, RIN 1018-AW34, Proposed rule, reopening of comment period and notice of document availability.



[TEXT]  [PDF]

(To allow adequate time for consideration of any comments, all information should be submitted by April 16, 2009.)


SUMMARY: The U.S. Fish and Wildlife Service (USFWS or Service) announces the availability of new information relevant to its consideration of the status of Lepidium papilliferum (slickspot peppergrass), proposed for listing as endangered, under the Endangered Species Act of 1973, as amended (Act). The USFWS, therefore, announces the reopening of the comment period on the proposed listing and invite interested members of the public to submit comments on this new information as it applies to the status and proposed listing of L. papilliferum. Information previously submitted for this proposed listing need not be resubmitted, as all information already received regarding this proposed listing will be incorporated into the public record and fully considered in our evaluation.

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LABOR (DOL)
PROPOSED REGULATIONS
EMPLOYMENT AND TRAINING ADMINISTRATION (ETA)

 

Temporary employment of H–2A aliens: Temporary Employment of H-2A Aliens in the United States, Federal Register, March 17, 2009, Volume 74, Number 50, Proposed Rules, Page 11407, Part II, DEPARTMENT OF LABOR, Employment and Training Administration, 20 CFR Part 655, Wage and Hour Division, 29 CFR Parts 501, 780, and 788, RIN 1205-AB55, Notice of proposed suspension of rule.



[TEXT]  [PDF]

(Interested persons are invited to submit written comments on the proposed suspension on or before March 27, 2009. The Department of Labor will not necessarily consider any comments received after the above date in making its decisions on the final rule.)


SUMMARY: The Department of Labor (DOL or the Department) proposes to suspend for 9 months the H-2A regulations published December 18, 2008, which became effective January 17, 2009, that amended the rules for the certification for temporary employment of nonimmigrant workers in agricultural occupations on a temporary or seasonal basis, and the enforcement of contractual obligations applicable to employers of such nonimmigrant workers. A suspension would provide the Department with an opportunity to review and reconsider the new requirements in light of issues that have arisen since the publication of the H-2A Final Rule, while minimizing the disruption to the Department, State Workforce Agencies (SWAs), employers, and workers. To avoid the regulatory vacuum that would result from a suspension, the Department proposes to reinstate on an interim basis the rules that were in place January 16, 2009, the day before the revised rules became effective, by reprinting those previous regulations.

LABOR–MANAGEMENT STANDARDS OFFICE (OLMS)

 

Labor Organization Annual Financial Reports: Labor Organization Annual Financial Reports, Federal Register, March 19, 2009, Volume 74, Number 52, Proposed Rules, Page 11700, 29 CFR Parts 403 and 408, RIN 1215-AB62, Notice of proposed extension of effective date and applicability date.

[TEXT]  [PDF]

(Following notice and comment, the Department of Labor (DOL) delayed the subject rule, Labor Organization Annual Financial Reports, published in the Federal Register January 21, 2009, and scheduled to take effect February 20, 2009, from taking effect until April 21, 2009 (74 FR 7814). The DOL proposes to further delay the effective date until October 19, 2009. Additionally, the rule published January 21, 2009, applied to labor organizations with fiscal years beginning on or after July 1, 2009. The DOL also proposes to delay the applicability date of the rule to labor organizations reporting on fiscal years beginning on or after January 1, 2010. The comment period for the proposed delay of the effective date and applicability date will close April 7, 2009.)


SUMMARY: The Office of Labor-Management Standards (OLMS) seeks public comment on a proposal to delay for 180 days the April 21, 2009 effective date of the rule Labor Organization Annual Financial Reports, published in the Federal Register January 21, 2009, and extended by an action published February 20, 2009; and delay the applicability date of the rule, now set for July 1, 2009, until January 1, 2010. The rule revised the Labor Organization Annual Report Form LM-2 and established a procedure whereby the Department of Labor (DOL or Department) may revoke, when warranted, the authorization to file the simplified Labor Organization Annual Report Form LM-3.

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA)

 

Occupational exposure to diacetyl and food flavorings containing diacetyl: Occupational Exposure to Diacetyl and Food Flavorings Containing Diacetyl, Federal Register, March 17, 2009, Volume 74, Number 50, Proposed Rules, Page 11329, 29 CFR Part 1910, Docket No. OSHA-2008-0046, RIN 1218-AC33, Advance Notice of Proposed Rulemaking, withdrawal.

[TEXT]  [PDF]

(The Advance Notice of Proposed Rulemaking on Occupational Exposure to Diacetyl and Food Flavorings Containing Diacetyl, published January 21, 2009 (74 FR

3938), is withdrawn, effective March 17, 2009.)
SUMMARY: The Occupational Safety and Health Administration (OSHA) withdraws its Advance Notice of Proposed Rulemaking (ANPRM) on Occupational Exposure to Diacetyl and Food Flavorings Containing Diacetyl to facilitate convening a Small Business Advocacy Review Panel, under the Small Business Regulatory

Enforcement Fairness Act (SBREFA). Materials submitted prior to this withdrawal as well as any other information submitted directly to the OSHA after the withdrawal will be put in the public rulemaking docket and receive equal consideration as a part of the rulemaking record. In addition, there will be several other opportunities for stakeholders to provide information and comment during the rulemaking process.

WAGE AND HOUR DIVISION (WHD)

 

Temporary employment of H–2A aliens: Temporary Employment of H-2A Aliens in the United States, Federal Register, March 17, 2009, Volume 74, Number 50, Proposed Rules, Page 11407, Part II, DEPARTMENT OF LABOR, Employment and Training Administration, 20 CFR Part 655, Wage and Hour Division, 29 CFR Parts 501, 780, and 788, RIN 1205-AB55, Notice of proposed suspension of rule.



[TEXT]  [PDF]

(Interested persons are invited to submit written comments on the proposed suspension on or before March 27, 2009. The Department of Labor will not necessarily consider any comments received after the above date in making its decisions on the final rule.)


SUMMARY: The Department of Labor (DOL or the Department) proposes to suspend for 9 months the H-2A regulations published December 18, 2008, which became effective January 17, 2009, that amended the rules for the certification for temporary employment of nonimmigrant workers in agricultural occupations on a temporary or seasonal basis, and the enforcement of contractual obligations applicable to employers of such nonimmigrant workers. A suspension would provide the Department with an opportunity to review and reconsider the new requirements in light of issues that have arisen since the publication of the H-2A Final Rule, while minimizing the disruption to the Department, State Workforce Agencies (SWAs), employers, and workers. To avoid the regulatory vacuum that would result from a suspension, the Department proposes to reinstate on an interim basis the rules that were in place January 16, 2009, the day before the revised rules became effective, by reprinting those previous regulations.
THIS ACTION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE LINKED DOCUMENT.

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NUCLEAR REGULATORY COMMISSION (NRC)
NEWLY PUBLISHED REGULATIONS
Implementation of a dose standard after 10,000 years: Implementation of a Dose Standard After 10,000 Years, Federal Register, March 13, 2009, Volume 74, Number 48, Rules and Regulations, Page 10811, 10 CFR Part 63, RIN 3150-AH68, NRC-2005-0011, Final rule.

[TEXT]  [PDF]

(This final rule is effective April 13, 2009.)


SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) amends its regulations for the disposal of high-level radioactive wastes in a proposed geologic repository at Yucca Mountain, Nevada. This final rule implements the U.S. Environmental Protection Agency's (EPA's) revised standards for doses that could occur after 10,000 years, but within the period of geologic stability. This final rule also specifies a range of values for the deep percolation rate to be used to represent climate change after 10,000 years, as called for by the EPA, and specifies that calculations of radiation doses for workers use the same weighting factors that the EPA is using for calculating individual doses to members of the public.
REVISED YEARLY DOSAGE: The EPA standards establish a 1.0 mSv/year (100 mrem/year) dose limit for the reasonably maximally exposed individual (RMEI) for the period after 10,000 years and within the period of geologic stability, rather than a 3.5 mSv/year (350 mrem/year) dose limit, previously proposed. The EPA standards also require that NRC base its determination of compliance with the post-10,000 year standards on the arithmetic mean of the projected doses, rather than on the median, as was proposed. EPA defined the period of geologic stability as ending at 1 million years after disposal.
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AGRICULTURE, HEALTH, EDUCATION, LAW, SOCIAL SERVICES

(March 16-20)
Agriculture (USDA)

Education (USDE) – No newly published regulations this week

Health (HHS)

Housing (HUD) – No newly published regulations this week

Social Security (SSA) – No newly published regulations this week

Veterans Affairs (VA)



AGRICULTURE (USDA)
NEWLY PUBLISHED REGULATIONS
AGRICULTURAL MARKETING SERVICE (AMS)
Regulations under the Perishable Agricultural Commodities Act, 1930, Section 610 review: Regulations Under the Perishable Agricultural Commodities Act, 1930; Section 610 Review, Federal Register, March 20, 2009, Volume 74, Number 53, Rules and Regulations, Page 11835, 7 CFR Part 46, Doc. AMS-FV-08-0013, FV08-379, Confirmation of regulations.

[TEXT]  [PDF]
SUMMARY: The Agricultural Marketing Service (AMS) summarizes the results of its review of the Regulations (Other than Rules of Practice) under the Perishable Agricultural Commodities Act, 1930, as amended, under the criteria contained in Section 610 of the Regulatory Flexibility Act (RFA). Based upon its review, the AMS has determined that the Regulations (Other than Rules of Practice) under the Perishable Agricultural Commodities Act, 1930, as amended, should be continued without change.
 

Relaxation of handling requirements, grapes grown in a designated area of southeastern California, etc.: Grapes Grown in a Designated Area of Southeastern California and Imported Table Grapes; Relaxation of Handling Requirements, Federal Register, March 17, 2009, Volume 74, Number 50, Rules and Regulations, Page 11275, 7 CFR Parts 925 and 944, Doc. No. AMS-FV-08-0106, FV09-925-1 IFR, Interim final rule with request for comments.

[TEXT]  [PDF]

(This interim final rule is effective March 20, 2009; any comments received by May 18, 2009 will be considered prior to issuance of a final rule.)


SUMMARY: The Agricultural Marketing Service (AMS) relaxes the handling requirements prescribed under the California table grape marketing order (order) and the table grape import regulation. The order regulates the handling of table grapes grown in a designated area of southeastern California and is administered locally by the California Desert Grape Administrative Committee (committee). The import regulation is authorized under Section 8e of the Agricultural Marketing Agreement Act of 1937 and regulates the importation of table grapes into the United States. This rule relaxes the one-quarter pound minimum bunch size requirement for the 2009 season for grapes packed in containers holding 2 pounds net weight or less. Under the relaxation, up to 20 percent of the weight of such containers may consist of single, unattached stems or clusters of at least five berries each. This action provides California desert grape handlers and importers the flexibility to respond to a marketing opportunity on a test basis for one season to meet consumer needs.

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FEDERAL CROP INSURANCE CORPORATION (FCIC)

 

General administrative regulations, administrative remedies for non-compliance, correcting amendments: General Administrative Regulations; Administrative Remedies for Non-Compliance; Correcting Amendments, Federal Register, March 19, 2009, Volume 74, Number 52, Rules and Regulations, Page 11643, 7 CFR Parts 400, 407, 457, RIN 0563-AB73, Final rule, correcting amendment.



[TEXT]  [PDF]

(This final rule, correcting amendment, is effective March 19, 2009.)


SUMMARY: The Federal Crop Insurance Corporation (FCIC) issue correcting amendments to the final regulations published December 18, 2008 (73 FR 76868-76891). These regulations regard Administrative Remedies for Non-Compliance and provide clarification of existing remedies.

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FOOD SAFETY AND INSPECTION SERVICE (FSIS)
Mandatory country of origin labeling, muscle cuts of beef (including veal), lamb, chicken, goat, and pork; ground beef, ground lamb, ground chicken, ground goat, and ground pork: Mandatory Country of Origin Labeling of Muscle Cuts of Beef (Including Veal), Lamb, Chicken, Goat, and Pork; Ground Beef, Ground Lamb, Ground Chicken, Ground Goat, and Ground Pork, Federal Register, March 20, 2009, Volume 74, Number 53, Rules and Regulations, Page 11837, 9 CFR Parts 317 and 381, Docket No. FSIS-2008-0027, RIN 0583-AD38, Affirmation of interim final rule.

 [TEXT]  [PDF]

(This affirmation of interim final rule is effective March 20, 2009.)
SUMMARY: The Food Safety and Inspection Service (FSIS) affirms, without change, its interim final rule requiring a country of origin statement on the label of any meat or poultry product that is a covered commodity, as defined by the Agricultural Marketing Service (AMS), and that is to be sold by a retailer, also as defined by the AMS, in accordance with the regulations set out in the AMS' final rule, “Mandatory Country of Origin Labeling of Beef, Pork, Lamb, Chicken, Goat Meat, Perishable Agricultural Commodities, Peanuts, Pecans, Ginseng, and Macadamia Nuts.” The FSIS also affirms, without change, the provisions of the interim final rule that amended its regulations to provide that it will consider the addition of compliant country of origin statements to the labels of covered meat or poultry products to be generically approved. The FSIS thus conforms its regulations to the AMS final rule. The FSIS does not amend its regulations or labeling policies for meat or poultry products that are non-covered commodities.
 

Requirements for the disposition of cattle that become non-ambulatory disabled following ante-mortem inspection: Requirements for the Disposition of Cattle that Become Non-Ambulatory Disabled Following Ante-Mortem Inspection, Federal Register, March 18, 2009, Volume 74, Number 51, Rules and Regulations, Page 11463, 9 CFR Part 309, Docket No. FSIS-2008-0022, RIN 0583-AD35, Final rule.

[TEXT]  [PDF]

(This final rule is effective April 17, 2009.)


SUMMARY: The Food Safety and Inspection Service (FSIS) amends the federal meat inspection regulations to require that all cattle that are non-ambulatory disabled at an official establishment, including those that become non-ambulatory disabled after passing ante-mortem inspection, be condemned and disposed of properly. In addition, this rule requires that establishments notify the FSIS inspection personnel when cattle become non-ambulatory disabled after passing ante-mortem inspection. The FSIS takes this action to better ensure effective implementation of inspection and humane handling requirements at official establishments.

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HEALTH (HHS)
NEWLY PUBLISHED REGULATIONS
FOOD AND DRUG ADMINISTRATION (FDA)

 

Food additives permitted for direct addition to food for human consumption, vitamin D: Food Additives Permitted for Direct Addition to Food for Human Consumption; Vitamin D2, Federal Register, March 16, 2009, Volume 74, Number 49, Rules and Regulations, Page 11019, 21 CFR Part 172, Docket No. FDA-2007-F-0274, formerly Docket No. 2007F-0355, Final rule.



[TEXT]  [PDF]

(This final rule is effective March 16, 2009. Submit any written or electronic objections and requests for a hearing by April 15, 2009. See Section VII in the linked document for information on filing objections. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register as of March 16, 2009.)


SUMMARY: The Food and Drug Administration (FDA) amends the food additive regulations to provide for the safe use of vitamin D2 as a nutrient supplement in soy-based food products. This action is in response to a petition filed by Dean Foods Co. (Dean Foods).
THIS ACTION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE LINKED DOCUMENT.

Food additives permitted for direct addition to food for human consumption, silver nitrate and hydrogen peroxide: Food Additives Permitted for Direct Addition to Food for Human Consumption; Silver Nitrate and Hydrogen Peroxide, Federal Register, March 18, 2009, Volume 74, Number 51, Rules and Regulations, Page 11476, 21 CFR Part 172, Docket No. FDA-2005-F-0505, formerly Docket No. 2005F-0138, Final rule.

[TEXT]  [PDF]

(This final rule is effective March 18, 2009. Submit any written or electronic objections and requests for a hearing by April 17, 2009. See Section VIII in the linked document for information on the filing of objections. The Director of the Federal Register approves the incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR Part 51 of certain publications in 21 CFR 172.167 as of March 18, 2009.)


SUMMARY: The Food and Drug Administration (FDA) amends the food additive regulations to provide for the safe use of an aqueous solution of silver nitrate and hydrogen peroxide as an antimicrobial agent in bottled water. This action is in response to a petition filed by Kareem I. Batarseh.
THIS ACTION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE LINKED DOCUMENT.

Implantation or injectable dosage form new animal drugs, tylosin: Implantation or Injectable Dosage Form New Animal Drugs; Tylosin, Federal Register, March 19, 2009, Volume 74, Number 52, Rules and Regulations, Page 11643, 21 CFR Part 522, Docket No. FDA-2009-N-0665, Final rule.

[TEXT]  [PDF]

(This final rule is effective March 19, 2009.)


SUMMARY: The Food and Drug Administration (FDA) amends the animal drug regulations to reflect approval of a supplemental new animal drug application (NADA) filed by Elanco Animal Health. The supplemental NADA provides for changing scientific nomenclature for a bovine pathogen on labeling for tylosin injectable solution.
THIS ACTION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE LINKED DOCUMENT.

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CHILD SUPPORT ENFORCEMENT OFFICE (OSCE)

 

State Parent Locator Service, Safeguarding Child Support Information: State Parent Locator Service; Safeguarding Child Support Information,


[TEXT]  [PDF]

Federal Register, March 20, 2009, Volume 74, Number 53, Rules and Regulations, Page 11879, DEPARTMENT OF HEALTH AND HUMAN SERVICES, Administration for Children and Families, Office of Child Support Enforcement, 45 CFR Parts 302, 303 and 307, RIN 0970-AC01, Delay of effective date.

(The effective date of the rule amending 45 CFR Parts 302, 303, and 307, published in the September 26, 2008 Federal Register [73 FR 56422] is delayed until May 22, 2009.)
SUMMARY: In accordance with the memorandum of January 20, 2009, from the Assistant to the President and Chief of Staff, entitled “Regulatory Review,” this action temporarily delays until May 22, 2009, the effective date of the final rule entitled “State Parent Locator Service; Safeguarding Child Support Information,” published in the Federal Register September 26, 2008 [73 FR 56422]. This temporary delay in effective date is to give Department of Health and Human Services officials the opportunity for further review of the issues of law and policy raised by this rule.

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CHILDREN AND FAMILIES ADMINISTRATION (ACF)

 

State Parent Locator Service, Safeguarding Child Support Information: State Parent Locator Service; Safeguarding Child Support Information,


[TEXT]  [PDF]

Federal Register, March 20, 2009, Volume 74, Number 53, Rules and Regulations, Page 11879, DEPARTMENT OF HEALTH AND HUMAN SERVICES, Administration for Children and Families, Office of Child Support Enforcement, 45 CFR Parts 302, 303 and 307, RIN 0970-AC01, Delay of effective date.

(The effective date of the rule amending 45 CFR Parts 302, 303, and 307, published in the September 26, 2008 Federal Register [73 FR 56422] is delayed until May 22, 2009.)
SUMMARY: In accordance with the memorandum of January 20, 2009, from the Assistant to the President and Chief of Staff, entitled “Regulatory Review,” this action temporarily delays until May 22, 2009, the effective date of the final rule entitled “State Parent Locator Service; Safeguarding Child Support Information,” published in the Federal Register September 26, 2008 [73 FR 56422]. This temporary delay in effective date is to give Department of Health and Human Services officials the opportunity for further review of the issues of law and policy raised by this rule.

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VETERANS (VA)
NEWLY PUBLISHED REGULATIONS
Accreditation of agents and attorneys, agents and attorney fees, correction: Accreditation of Agents and Attorneys; Agents and Attorney Fees; Correction, Federal Register, March 16, 2009, Volume 74, Number 49, Rules and Regulations, Page 11037, 38 CFR Part 20, RIN 2900-AM62, Correcting amendments.

[TEXT]  [PDF]

(These correcting amendments are effective March 16, 2009.)


SUMMARY: The Department of Veterans Affairs (VA) corrects its final rule for the representation of claimants for VA benefits. This correction removes obsolete regulations without making any substantive change to the content of the final rule.


Dr. James Allen Veteran Vision Equity Act (2007: The Dr. James Allen Veteran Vision Equity Act of 2007, Federal Register, March 18, 2009, Volume 74, Number 51, Rules and Regulations, Page 11481, 38 CFR Part 3, RIN 2900-AN03, Final rule.

[TEXT]  [PDF]

(This final rule is effective March 18, 2009. This final rule applies to applications for benefits filed with the Department of Veterans Affairs (VA) on or after December 26, 2007. This final rule also applies to applications for benefits filed before December 26, 2007, but pending before the VA as of December 26, 2007.)


SUMMARY: The Department of Veterans Affairs (VA) amends its adjudication regulations regarding special monthly compensation and compensation for paired organs. These amendments are is to incorporate relevant statutory provisions from the Dr. James Allen Veteran Vision Equity Act of 2007.

Termination of phase-in period for full concurrent receipt of military retired pay and veterans disability compensation, etc.: Termination of Phase-In Period for Full Concurrent Receipt of Military Retired Pay and Veterans Disability Compensation Based on a VA Determination of Individual Unemployability, Federal Register, March 19, 2009, Volume 74, Number 52, Rules and Regulations, Page 11646, 38 CFR Part 3, RIN 2900-AN19, Final rule.

[TEXT]  [PDF]

(This final rule is effective March 19, 2009.)


SUMMARY: The Department of Veterans Affairs (VA) now allows veterans who qualify for military retired pay and veterans disability compensation based on a VA determination of individual unemployability (IU) to receive them at the same time. Previously, those who were entitled to receive the veterans disability compensation were subject to a phase-in period. This rulemaking implements Section 642 of the National Defense Authorization Act for Fiscal Year 2008.

Both veterans who are rated 100 percent disabled under the VA rating schedule and veterans who are entitled to receive 100 percent disability compensation based on a VA determination of IU need not file waivers of military retired pay.

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