Federal Register / Vol. 88, No. 212 / Friday, November 3, 2023 / Rules and Regulations 75495 

persons identified in paragraph (a) of 

this general license. 

Andrea Gacki, 

Director, Office of Foreign Assets Control 

Dated: March 5, 2020. 

OFFICE OF FOREIGN ASSETS 

CONTROL 

Nicaragua Sanctions Regulations 

31 CFR Part 582 

Nicaragua Human Rights and 

Anticorruption Act of 2018 

50 U.S.C. 1701 Note 

GENERAL LICENSE NO. 2A 

Authorizing the Wind Down of 

Transactions Involving the Nicaraguan 

National Police 

(a) Except as provided in paragraph 

(b) of this general license, all 

transactions and activities prohibited by 

the Nicaragua Sanctions Regulations, 31 

CFR part 582 (the NSR) or the Nicaragua 

Human Rights and Anticorruption Act 

of 2018 (NHRAA), that are ordinarily 

incident and necessary to the wind 

down of transactions involving the 

Nicaraguan National Police (NNP), or 

any entity in which the NNP owns, 

directly or indirectly, a 50 percent or 

greater interest, including the 

processing of salary payments from the 

NNP, or any entity in which the NNP 

owns, directly or indirectly, a 50 

percent or greater interest, to its 

employees, are authorized through 

12:01 a.m. eastern daylight time, May 6, 

2020. 

(b) This general license does not 

authorize: 

(1) Any debit to an account of the 

NNP, or any entity in which the NNP 

owns, directly or indirectly, a 50 

percent or greater interest, on the books 

of a U.S. financial institution; or 

(2) Any transactions or activities 

prohibited by any part of 31 CFR 

chapter V other than the NSR, or any 

transactions or activities with any 

blocked person other than the blocked 

persons identified in paragraph (a) of 

this general license. 

(c) Effective March 25, 2020, General 

License No. 2, dated March 5, 2020, is 

replaced and superseded in its entirety 

by this General License No. 2A. 

Andrea Gacki, 

Director, Office of Foreign Assets Control. 

Dated: March 25, 2020. 

Bradley T. Smith, 

Director, Office of Foreign Assets Control. 

[FR Doc. 2023–24332 Filed 11–2–23; 8:45 am] 

BILLING CODE 4810–AL–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0366] 

RIN 1625–AA00 

Safety Zone; Hurricanes, Tropical 

Storms, and Other Storms With High 

Winds; Captain of the Port Zone Sector 

Virginia 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone for the 

navigable waters of the Sector Virginia 

Captain of the Port (COTP) Zone, to be 

enforced in the event of hurricanes, 

tropical storms, and other storms with 

high winds. This action is necessary to 

ensure the safety of the waters of the 

Sector Virginia COTP Zone. This rule 

establishes actions to be completed by 

industry and vessels within the COTP 

Zone before hurricanes, tropical storms, 

and other storms with high winds 

threatening the State of Virginia make 

landfall, and afterwards as well. 

DATES: This rule is effective December 4, 

2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0366 in the search box and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this rule, call 

or email LCDR Ashley Holm, Chief 

Waterways Management Division U.S. 

Coast Guard; 757–617–7986, 

Ashley.E.Holm@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

Virginia has the potential to be 

affected by hurricanes and tropical 

storms on a yearly basis, especially 

between the months of June and 

November. Additionally, severe storms 

generating high winds and rough seas 

are also common in the winter months. 

In response, on September 14, 2023, the 

Coast Guard published a notice of 

proposed rulemaking (NPRM) titled 

‘‘Safety Zone; Hurricanes, Tropical 

Storms, and other Storms with High 

Winds; Captain of the Port Zone 

Virginia’’ (88 FR 63042). There, we 

stated why we issued the NPRM and 

invited comments on our proposed 

regulatory action related to this safety 

zone. During the comment period that 

ended October 16, 2023, we received 

one comment. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034. The 

Captain of the Port Sector Virginia 

(COTP) has determined that potential 

hazards associated with hurricanes, 

tropical storms, and other storms pose a 

safety concern to the maritime 

community. The purpose of this rule is 

to ensure safety of vessels and the 

navigable waters in the safety zone 

before, during, and after a hurricane, 

tropical storm, or other storm. 

IV. Discussion of Comments, Changes, 

and the Rule 

As noted above, we received one 

comment that concurred with the 

proposed rulemaking on our NPRM 

published September 14, 2023. The 

comment also addressed the need for 

Coast Guard Sector Virginia to maintain 

and update the Port Heavy Weather 

Plan. The comment is referring to the 

Maritime Severe Weather Contingency 

Plan, which advises the maritime 

community of the sequence and timing 

of COTP decisions and actions made 

pursuant to 33 CFR parts 160 and 165 

that may be taken when there is the 

threat of a hurricane. The Plan also 

recommends actions to be taken to 

minimize storm related deaths, injury, 

damage, and threats to the environment. 

Coast Guard Sector Virginia will review 

and update the Maritime Severe 

Weather Contingency Plan as necessary 

to reflect the promulgation of this rule, 

and to provide guidance on advisable 

steps to take in addition to those 

required by the rule. Aside from adding 

the word ‘‘Sector’’ to the title of the 

regulation to conform to 33 CFR 3.25– 

10, there are no changes in the 

regulatory text of this rule from the 

proposed rule in the NPRM. 

This rule establishes a safety zone on 

the navigable waters of the Sector 

Virginia COTP Zone during hurricanes, 

tropical storms, and other storms with 

high winds. This safety zone establishes 

actions to be completed by local 

industry and vessels in the COTP zone 

prior to landfall of hurricanes, tropical 

storms, and other storms with high 


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75496 Federal Register / Vol. 88, No. 212 / Friday, November 3, 2023 / Rules and Regulations 

winds threatening Virginia and in the 

aftermath of landfall. Port Conditions 

(WHISKEY, X–RAY, YANKEE, ZULU, 

and RECOVERY) are standardized terms 

for states of operation instituted by the 

COTP which are clearly communicated 

to port facilities, vessels, and members 

of the Marine Transportation System 

(MTS). 

Ports and waterfront facilities are 

encouraged to take action when specific 

Port Conditions are declared. Under 

Port Condition WHISKEY, ports and 

waterfront facilities should remove all 

debris and secure potential flying 

hazards. Upon a declaration that Port 

Condition X–RAY is in effect, port 

facilities should ensure that potential 

flying debris and hazardous materials 

are removed, and that loose cargo and 

cargo equipment is secured. Upon a 

declaration of Port Condition YANKEE, 

terminal operators should terminate all 

cargo operations not associated with 

storm preparations. All facilities should 

continue to operate in accordance with 

approved Facility Security Plans (as 

defined at 33 CFR 101.105, and as 

further described in 33 CFR 105.400 to 

105.415), and to comply with all 

applicable requirements of the Maritime 

Transportation Security Act of 2002 (46 

U.S.C. chapter 701). 

The COTP retains flexibility in 

controlling and reconstituting vessel 

traffic during periods of heavy weather, 

and it will allow for the expedited 

resumption of the MTS following such 

events. The safety zone consists of all 

waters of the territorial seas within the 

Sector Virginia COTP Zone, as defined 

in 33 CFR 3.25–10. Portions of the safety 

zone might be activated at different 

times, as conditions dictated. Notice of 

Port Conditions and their requirements 

will be given via Marine Safety 

Information Bulletins and Broadcast 

Notice to Mariners. The regulatory text 

appears at the end of this document. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

This rule has not been designated a 

‘‘significant regulatory action,’’ under 

section 3(f) of Executive Order 12866, as 

amended by Executive Order 14094 

(Modernizing Regulatory Review). 

Accordingly, this rule has not been 

reviewed by the Office of Management 

and Budget (OMB). 

This regulatory action determination 

is based on the size, location, duration, 

and time of day of the regulated area. 

This regulatory action determination is 

based on the necessity to protect life, 

port infrastructure, and the environment 

during hurricanes, tropical storms, and 

other storms with high winds. The 

scope of the regulation is narrow and 

will only apply when a hurricane, 

tropical storm, or other storm with high 

winds impacts the navigable waters of 

the Virginia COTP Zone. These events 

are infrequent and of short duration. 

Regulatory restrictions will be lifted as 

soon as practicable. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard received no comments 

from the Small Business Administration 

on this rulemaking. The Coast Guard 

certifies under 5 U.S.C. 605(b) that this 

rule will not have a significant 

economic impact on a substantial 

number of small entities. 

While some owners or operators of 

vessels intending to transit the safety 

zone may be small entities, for the 

reasons stated in section V.A above, this 

rule will not have a significant 

economic impact on any vessel owner 

or operator. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule. If the rule will 

affect your small business, organization, 

or governmental jurisdiction and you 

have questions concerning its 

provisions or options for compliance, 

please call or email the person listed in 

the FOR FURTHER INFORMATION CONTACT

section. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the National Government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or Tribal Government, in 

the aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01, Rev. 1, associated 

implementing instructions, and 

Environmental Planning COMDTINST 

5090.1 (series), which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 


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Federal Register / Vol. 88, No. 212 / Friday, November 3, 2023 / Rules and Regulations 75497 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves a safety 

zone that prohibits entry in certain 

waters of the Sector Virginia COTP Zone 

for the duration needed to ensure safe 

transit of vessels and industry before 

and after a hurricane, tropical storm, or 

other storm with high winds. It is 

categorically excluded from further 

review under paragraph L60(a) of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 1. A 

Record of Environmental Consideration 

supporting this determination is 

available in the docket. For instructions 

on locating the docket, see the 

ADDRESSES section of this preamble. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051, 70124; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 00170.1, Revision No. 01.3. 

■ 2. Add § 165.520 to read as follows: 

§ 165.520 Safety Zone; Hurricanes, 

Tropical Storms, and other Storms with 

High Winds; Captain of the Port Zone 

Sector Virginia. 

(a) Regulated areas. All navigable 

waters, as defined in 33 CFR 2.36, 

within the Captain of the Port Zone 

Sector Virginia, as described in 33 CFR 

3.25–10, or some portion of those 

waters, during specified conditions. Port 

conditions and safety zone activation 

may vary for different portions of the 

regulated area at different times, based 

on storm conditions and its projected 

track. 

(b) Definitions. 

Captain of the Port means 

Commander, Coast Guard Sector 

Virginia. 

Representative means any Coast 

Guard commissioned, warrant, or petty 

officer or civilian employee who has 

been authorized to act on the behalf of 

the Captain of the Port. 

Port Condition WHISKEY means a 

condition set by the COTP when 

National Weather Service (NWS) 

weather advisories indicate sustained 

gale force winds (39–54 mph/34–47 

knots) are predicted to reach the COTP 

zone within 72 hours. 

Port Condition X–RAY means a 

condition set by the COTP when NWS 

weather advisories indicate sustained 

gale force winds (39–54 mph/34–47 

knots) are predicted to reach the COTP 

zone within 48 hours. 

Port Condition YANKEE means a 

condition set by the COTP when NWS 

weather advisories indicate that 

sustained gale force winds (39–54 mph/ 

34–47 knots) are predicted to reach the 

COTP zone within 24 hours. 

Port Condition ZULU means a 

condition set by the COTP when NWS 

weather advisories indicate that 

sustained gale force winds (39–54 mph/ 

34–47 knots) are predicted to reach the 

COTP zone within 12 hours. 

Port Condition RECOVERY means a 

condition set by the COTP when NWS 

weather advisories indicate that 

sustained gale force winds (39–54 mph/ 

34–47 knots) are no longer predicted for 

the regulated area. This port condition 

remains in effect until the regulated 

areas are deemed safe and are reopened 

to normal operations. 

(c) Regulations. (1) Port Condition 

WHISKEY. All vessels must exercise 

due diligence in preparation for 

potential storm impacts. All oceangoing 

tank barges and their supporting tugs 

and all self-propelled oceangoing 

vessels over 500 gross tons (GT) must 

make plans to depart no later than 

setting of Port Condition Yankee unless 

authorized by the COTP. The COTP may 

modify the geographic boundaries of the 

regulated area and actions to be taken 

under Port Condition WHISKEY, based 

on the trajectory and forecasted storm 

conditions. 

(2) Port Condition X–RAY. All vessels 

must ensure that potential flying debris 

and hazardous materials are removed, 

and that loose cargo and cargo 

equipment is secured. Vessels at 

facilities must carefully monitor their 

moorings and cargo operations. 

Additional anchor(s) must be made 

ready to let go, and preparations must 

be made to have a continuous anchor 

watch during the storm. Engine(s) must 

be made immediately available for 

maneuvering. Also, vessels must 

maintain a continuous listening watch 

on VHF Channel 16. All oceangoing 

tank barges and their supporting tugs 

and all self-propelled oceangoing 

vessels over 500 GT must prepare to 

depart the port and anchorages within 

the affected regulated area. These 

vessels shall depart immediately upon 

the setting of Port Condition YANKEE. 

During this condition, slow-moving 

vessels may be ordered to depart to 

ensure safe avoidance of the incoming 

storm. Vessels that are unable to depart 

the port must contact the COTP to 

receive permission to remain in port. 

Vessels with COTP’s permission to 

remain in port must implement their 

pre-approved mooring arrangement. The 

COTP may require additional 

precautions to ensure the safety of the 

ports and waterways. The COTP may 

modify the geographic boundaries of the 

regulated area and actions to be taken 

under Port Condition X–RAY based on 

the trajectory and forecasted storm 

conditions. 

(3) Port Condition YANKEE. Affected 

ports are closed to all inbound vessel 

traffic. All oceangoing tank barges and 

their supporting tugs and all selfpropelled oceangoing vessels over 500 

GT must have departed the regulated 

area. The COTP may require additional 

precautions to ensure the safety of the 

ports and waterways. The COTP may 

modify the geographic boundaries of the 

regulated area and actions to be taken 

under Port Condition YANKEE based on 

the trajectory and forecasted storm 

conditions. 

(4) Port Condition ZULU. Cargo 

operations are suspended, except final 

preparations that are expressly 

permitted by the COTP as necessary to 

ensure the safety of the ports and 

facilities. Other than vessels designated 

by the COTP, no vessels may enter, 

transit, move, or anchor within the 

regulated area. The COTP may modify 

the geographic boundaries of the 

regulated area and actions to be taken 

under Port Condition ZULU based on 

the trajectory and forecasted storm 

conditions. 

(5) Port Condition RECOVERY. 

Designated areas are closed to all 

vessels. Based on assessments of 

channel conditions, navigability 

concerns, and hazards to navigation, the 

COTP may permit vessel movements 

with restrictions. Restrictions may 

include, but are not limited to, 

preventing, or delaying vessel 

movements, imposing draft, speed, size, 

horsepower or daylight restrictions, or 

directing the use of specific routes. 

Vessels permitted to transit the 

regulated area shall comply with the 

lawful orders or directions given by the 

COTP or representative. 

(6) Regulated Area Notice. The Coast 

Guard will provide notice of where, 

within the regulated area, a declared 

Port Condition is to be in effect via 

Broadcast Notice to Mariners, Marine 

Safety Information Bulletins, or by onscene representatives. 

(7) Exception. This regulation does 

not apply to authorized law 

enforcement agencies operating within 

the regulated area. 


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75498 Federal Register / Vol. 88, No. 212 / Friday, November 3, 2023 / Rules and Regulations 

Dated: October 27, 2023. 

J.A. Stockwell, 

Captain, U.S. Coast Guard, Captain of the 

Port, Sector Virginia. 

[FR Doc. 2023–24304 Filed 11–2–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 3 

RIN 2900–AR44 

Presumptive Service Connection for 

Rare Respiratory Cancers Due to 

Exposure to Fine Particulate Matter 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: This rulemaking adopts as 

final, without changes, an interim final 

rule amending the Department of 

Veterans Affairs (VA) adjudication 

regulations to establish presumptive 

service connection for nine rare 

respiratory cancers in association with 

presumed exposure to fine particulate 

matter. These presumptions apply to 

Veterans with a qualifying period of 

service, i.e., who served on active 

military, naval, or air service in the 

Southwest Asia theater of operations 

during the Persian Gulf War (hereinafter 

Gulf War), from August 2, 1990, 

onward, as well as in Afghanistan, 

Syria, Djibouti, or Uzbekistan, on or 

after September 19, 2001, during the 

Gulf War. This rulemaking implements 

a decision by the Secretary of Veterans 

Affairs that determined there is 

sufficient evidence to support these 

cancers as presumptive based on 

exposure to fine particulate matter 

during service in the Southwest Asia 

theater of operations, Afghanistan, 

Syria, Djibouti, or Uzbekistan during 

certain periods and the subsequent 

development of the following rare 

respiratory cancers: squamous cell 

carcinoma (SCC) of the larynx, SCC of 

the trachea, adenocarcinoma of the 

trachea, salivary gland-type tumors of 

the trachea, adenosquamous carcinoma 

of the lung, large cell carcinoma of the 

lung, salivary gland-type tumors of the 

lung, sarcomatoid carcinoma of the 

lung, and typical and atypical carcinoid 

of the lung. The intended effect of this 

rulemaking is to ease the evidentiary 

burden of this population of Veterans 

who file claims with VA for these nine 

rare respiratory cancers. 

DATES: 

Effective date: This rule is effective 

November 3, 2023. 

Applicability date: The provisions of 

this final rule shall apply to all 

applications for service connection for 

squamous cell carcinoma (SCC) of the 

larynx, SCC of the trachea, 

adenocarcinoma of the trachea, salivary 

gland-type tumors of the trachea, 

adenosquamous carcinoma of the lung, 

large cell carcinoma of the lung, salivary 

gland-type tumors of the lung, 

sarcomatoid carcinoma of the lung, and 

typical and atypical carcinoid of the 

lung based on service in the Southwest 

Asia theater of operations during the 

Gulf War, from August 2, 1990, onward, 

as well as Afghanistan, Syria, Djibouti, 

or Uzbekistan, on or after September 19, 

2001, during the Gulf War, received by 

VA on or after April 26, 2022, or that 

were pending before VA, the United 

States Court of Appeals for Veterans 

Claims, or the United States Court of 

Appeals for the Federal Circuit on April 

26, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Bryant Coleman, Regulations Analyst; 

Robert Parks, Chief, Regulations Staff 

(211), Compensation Service (21C), 810 

Vermont Avenue NW, Washington, DC, 

(202) 461–9700. (This is not a toll-free 

telephone number.) 

SUPPLEMENTARY INFORMATION: On April 

26, 2022, VA published an interim final 

rule at 87 FR 24421, to amend its 

adjudication regulations to establish 

presumptive service connection for nine 

rare respiratory cancers in association 

with presumed exposure to fine 

particulate matter. These presumptions 

apply to Veterans with a qualifying 

period of service, i.e., who served on 

active military, naval, or air service in 

the Southwest Asia theater of operations 

during the Gulf War, from August 2, 

1990, onward, as well as in Afghanistan, 

Syria, Djibouti, or Uzbekistan, on or 

after September 19, 2001, during the 

Gulf War. The 60-day comment period 

ended on June 27, 2022. 

VA received nine comments from 

interested individuals and 

organizations. The comments are 

discussed below under the appropriate 

headings. VA made no changes based on 

comments received. However, we note 

that changes made to § 3.320 in the final 

rule for RIN 2900–AR25 are carried 

forward here and continue to remain in 

effect. Based on the rationale set forth in 

the interim final rule and in this final 

rule, VA adopts the provisions of the 

interim final rule as a final rule without 

change. 

Confusion Regarding Qualifying 

Service Dates 

VA received three comments that 

expressed confusion regarding whether 

service in the Southwest Asia theater of 

operations during the first Gulf War is 

included under the definition of the 

phrase qualifying period of service. VA 

agrees with these comments that the 

rulemaking could have caused some 

confusion, and acknowledges that 

additional clarity is needed. So, to 

clarify, as currently written, the rule 

applies to those who served in Desert 

Shield or Desert Storm as part of the 

Persian Gulf War from August 2,1990 to 

February 28, 1991. We note that the 

definition of qualifying period of service 

contained in paragraph (a)(5)(i) refers to 

§ 3.2(i), which defines ‘‘Persian Gulf 

War’’ as: ‘‘August 2, 1990, through date 

to be prescribed by Presidential 

proclamation or law.’’ However, VA 

makes no changes based on these 

comments because this issue was 

addressed in the final rule for RIN 

2900–AR25, which changes have been 

carried forward here and continue to 

remain in effect. 

General Comments 

One commenter expressed general 

support for the rulemaking. VA thanks 

the commenter for their view. VA makes 

no changes based on this comment. 

VA received two comments that 

addressed time frames and locations 

that qualify for the presumption of 

exposure contained in § 3.320. In 

particular, one commenter stated that he 

was on an aircraft carrier in the theater 

of Southwest Asia in July of 1987. He 

went on to state that ‘‘[a]ll Military 

Service-members should qualify for all 

exposures during active duty in this 

theater of operations.’’ Another 

commenter asked ‘‘is this related to 

burn pits? If so, why are you just making 

this available to only veterans who 

served for that time period?’’ The 

commenter went on to state that they 

served in Beirut, Lebanon in 1982–1983 

and were exposed to burning human 

waste during that time. While VA 

sympathizes with these commenters, 

VA’s rulemaking establishes 

presumptive service connection for nine 

rare respiratory cancers in association 

with presumed exposure to fine 

particulate matter; it does not address 

the locations or periods of service that 

qualify for the presumption of exposure 

to fine particulate matter. Thus, these 

comments are outside the scope of the 

present rulemaking. 

Additionally, we note that the 

Secretary has made the decision to limit 

these presumptive conditions to a 

timeframe and locations during which 

VA has evidence of relevant levels of 

fine particulate matter in the air. When 

VA created the presumption of exposure 

to fine particulate matter in 38 CFR 

3.320, it was based on scientific and 

medical studies that focused on the 


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