9800 Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Proposed Rules 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Would not affect intrastate 

aviation in Alaska, and 

(3) Would not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority : 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive: 

Airbus Canada Limited Partnership (Type 

Certificate Previously Held by C Series 

Aircraft Limited Partnership (CSALP); 

Bombardier, Inc.): Docket No. FAA– 

2024–0225; Project Identifier MCAI– 

2023–00725–T. 

(a) Comments Due Date 

The FAA must receive comments on this 

airworthiness directive (AD) by March 28, 

2024. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to all Airbus Canada 

Limited Partnership (Type Certificate 

previously held by C Series Aircraft Limited 

Partnership (CSALP); Bombardier, Inc.) 

Model BD–500–1A10 and BD–500–1A11 

airplanes, certificated in any category. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 51, Standard practices/ 

structures. 

(e) Unsafe Condition 

This AD was prompted by a design review 

of aircraft structural and stress reports that 

resulted in a revision of operational loads for 

some aircraft flight phases. The FAA is 

issuing this AD to address in-service repairs 

in some structural areas that require 

verification, and possibly further repair. The 

unsafe condition, if not addressed, could 

result in negative margins for the load 

envelopes. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Requirements 

Except as specified in paragraph (h) of this 

AD: Comply with all required actions and 

compliance times specified in, and in 

accordance with, Transport Canada AD CF– 

2023–37, dated May 30, 2023 (Transport 

Canada AD CF–2023–37). 

(h) Exceptions to Transport Canada AD CF– 

2023–37 

(1) Where Transport Canada AD CF–2023– 

37 refers to its effective date, this AD requires 

using the effective date of this AD. 

(2) Where Part I of Transport Canada AD 

CF–2023–37 specifies operators may use 

Airbus Canada source data, for this AD, any 

repair using Airbus Canada source data must 

be accomplished using a method approved 

by the Manager, International Validation 

Branch, FAA; or Transport Canada; or Airbus 

Canada Limited Partnership’s Transport 

Canada Design Approval Organization 

(DAO). If approved by the DAO, the approval 

must include the DAO-authorized signature. 

(3) Where the definition of ‘‘Affected 

Structure’’ in Transport Canada AD CF– 

2023–37 specifies ‘‘as identified in Service 

Bulletin (SB) BD500–530011, Issue 002, 

dated 06 December 2022 or later revisions 

approved by the Chief, Continuing 

Airworthiness, Transport Canada,’’ this AD 

requires replacing those words with ‘‘as 

identified in Airbus Canada Service Bulletin 

(SB) BD500–530011, Issue 002, dated 06 

December.’’ 

(i) Additional AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Validation Branch, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

In accordance with 14 CFR 39.19, send your 

request to your principal inspector or 

responsible Flight Standards Office, as 

appropriate. If sending information directly 

to the manager of the International Validation 

Branch, mail it to the address identified in 

paragraph (i)(2) of this AD. Information may 

be emailed to: 9-AVS-NYACO-COS@faa.gov. 

Before using any approved AMOC, notify 

your appropriate principal inspector, or 

lacking a principal inspector, the manager of 

the responsible Flight Standards Office. 

(2) Contacting the Manufacturer: For any 

requirement in this AD to obtain instructions 

from a manufacturer, the instructions must 

be accomplished using a method approved 

by the Manager, International Validation 

Branch, FAA; or Transport Canada; or Airbus 

Canada Limited Partnership’s Transport 

Canada Design Approval Organization 

(DAO). If approved by the DAO, the approval 

must include the DAO-authorized signature. 

(j) Additional Information 

For more information about this AD, 

contact Yaser Osman, Aviation Safety 

Engineer, FAA, 1600 Stewart Avenue, Suite 

410, Westbury, NY 11590; telephone 516– 

228–7300; email 9-avs-nyaco-cos@faa.gov. 

(k) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless this AD specifies otherwise. 

(i) Transport Canada AD CF–2023–37, 

dated May 30, 2023. 

(ii) [Reserved] 

(3) For Transport Canada AD CF–2023–37, 

contact Transport Canada, Transport Canada 

National Aircraft Certification, 159 Cleopatra 

Drive, Nepean, Ontario K1A 0N5, Canada; 

telephone 888–663–3639; email 

TC.AirworthinessDirectivesConsignesdenavigabilite.TC@tc.gc.ca. You 

may find this Transport Canada AD on the 

Transport Canada website at tc.canada.ca/ 

en/aviation. 

(4) You may view this material at the FAA, 

Airworthiness Products Section, Operational 

Safety Branch, 2200 South 216th St., Des 

Moines, WA. For information on the 

availability of this material at the FAA, call 

206–231–3195. 

(5) You may view this material at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, 

visit www.archives.gov/federal-register/cfr/ 

ibr-locations, or email fr.inspection@

nara.gov. 

Issued on February 6, 2024. 

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2024–02724 Filed 2–9–24; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0715] 

1625–AA00 

Safety Zone; Biscayne Bay, 

Homestead, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is proposing 

to establish a safety zone for certain 

waters of the Biscayne Bay. This action 

is necessary to provide for the safety of 

life on these navigable waters near 

Homestead, FL, during a recurring 

military exercises that would be 

enforced approximately 8–12 times per 

year. The exercises will include military 

aircraft and watercraft that may pose a 


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Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Proposed Rules 9801 

danger to the public. This proposed 

rulemaking would prohibit persons and 

vessels from being in the safety zone 

unless authorized by the Captain of the 

Port Sector Miami or a designated 

representative. We invite your 

comments on this proposed rulemaking. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before March 13, 2024. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2023–0715 using the Federal DecisionMaking Portal at https://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. This notice of proposed 

rulemaking with its plain-language, 100- 

word-or-less proposed rule summary 

will be available in this same docket. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this proposed 

rulemaking, call, or email LT Benjamin 

Adrien Waterways division, U.S. Coast 

Guard; telephone 305–535–4307, email 

Benjamin.D.Adrien@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

BNM Broadcast Notice to Mariners 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

MSIB Marine Safety Information Bulletin 

NPRM Notice of proposed rulemaking 

NOE Notice of Enforcement 

§ Section 

SOCSO Special Operations Command 

South 

U.S.C. United States Code 

II. Background, Purpose, and Legal 

Basis 

On February 6, 2023, the U.S. Special 

Operations Command South (SOCSO) 

notified the Coast Guard that it would 

be conducting recurring military 

training exercises 8–12 times per year. 

The training exercises would take place 

within the Biscayne Bay Northeast of 

Turkey Point Power Plant. The Captain 

of the Port Sector Miami (COTP) has 

determined that potential hazards 

associated with the military training 

exercises would be a safety concern for 

persons and vessels within a 1,000-yard 

radius of the center point of the 

exercises. The exercises would include 

military aircraft and watercraft 

operating in active military scenarios. 

The actions undertaken in these 

exercises may pose a danger to the 

public. 

The purpose of this rulemaking is to 

ensure the safety of vessels and the 

navigable waters within a 1,000-yard 

radius of the military training exercises 

before, during, and after the military 

training exercises. The Coast Guard is 

proposing this rulemaking under 

authority in 46 U.S.C. 70034. 

III. Discussion of Proposed Rule 

The COTP is proposing to establish a 

safety zone that would be enforced 8– 

12 times per year. The safety zone 

would cover all navigable waters within 

a 1,000-yard radius of the center point 

at N 25′28.506 W 80′13.842 in the 

Biscayne Bay located approximately 

1,000 yards Northeast of the Turkey 

Point Power Plant in Homestead, FL. 

The duration of the zone would be 

identified prior to each military training 

exercise to ensure the safety of persons 

and vessels, and navigable waters 

before, during, and after the scheduled 

times for the exercise. No person or 

vessel would be permitted to enter the 

safety zone without obtaining 

permission from the COTP or a 

designated representative. 

Members of the public would be 

notified that the safety zone is being 

enforced by the presence of military 

helicopter with the insignia of the U.S. 

Army, the U.S. Air Force, the U.S. Navy, 

or the U.S. Marine Corps, in the direct 

vicinity of the safety zone. Leading up 

to its enforcement the Coast Guard will 

publish a Notice of Enforcement (NOE) 

in addition to a Marine Safety 

Information Bulletin (MSIB) and a 

Broadcast Notice to Mariners (BNM). 

The regulatory text we are proposing 

appears at the end of this document. 

IV. Regulatory Analyses 

We developed this proposed 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, and we discuss First 

Amendment rights of protestors. 

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 NPRM 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, the NPRM 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 safety zone. 

Vessel traffic would be able to safely 

transit around this safety zone which 

impacts a designated area of the 

Biscayne Bay for a period of time 

chosen when vessel traffic is normally 

low. Moreover, the Coast Guard would 

issue a NOE, a Broadcast Notice to 

Mariners via VHF–FM marine channel 

16 about the zone, and the rule would 

allow vessels to seek permission to enter 

the zone. 

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 certifies under 5 U.S.C. 

605(b) that this proposed rule would 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 IV.A above, 

this proposed rule would not have a 

significant economic impact on any 

vessel owner or operator. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this proposed rule would have 

a significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

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 proposed rule. If the 

proposed rule would 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. The Coast 

Guard will not retaliate against small 

entities that question or complain about 

this proposed rule or any policy or 

action of the Coast Guard. 

C. Collection of Information 

This proposed rule would not call for 

a new collection of information under 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501–3520). 


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9802 Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Proposed Rules 

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 proposed 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 proposed rule does not have 

tribal implications under Executive 

Order 13175 (Consultation and 

Coordination with Indian Tribal 

Governments) because it would 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. 

If you believe this proposed rule has 

implications for federalism or Indian 

tribes, please call or email the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

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 

proposed rule would not result in such 

an expenditure, we do discuss the 

potential effects of this proposed rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this proposed 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 made a preliminary determination 

that this action is one of a category of 

actions that do not individually or 

cumulatively have a significant effect on 

the human environment. This proposed 

rule involves a safety zone to protect 

persons and vessels operating in the 

area adjacent to the safety zone. This 

zone will only be enforced for a few 

hours at a time, 8–12 times per year. 

Normally such actions are 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 preliminary 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. We 

seek any comments or information that 

may lead to the discovery of a 

significant environmental impact from 

this proposed rule. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places, or vessels. 

V. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking and 

will consider all comments and material 

received during the comment period. 

Your comment can help shape the 

outcome of this rulemaking. If you 

submit a comment, please include the 

docket number for this rulemaking, 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 

Submitting comments. We encourage 

you to submit comments through the 

Federal Decision-Making Portal at 

https://www.regulations.gov. To do so, 

go to https://www.regulations.gov, type 

USCG–2023–0715 in the search box and 

click ‘‘Search.’’ Next, look for this 

document in the Search Results column, 

and click on it. Then click on the 

Comment option. If you cannot submit 

your material by using https://

www.regulations.gov, call or email the 

person in the FOR FURTHER INFORMATION

CONTACT section of this proposed rule 

for alternate instructions. 

Viewing material in docket. To view 

documents mentioned in this proposed 

rule as being available in the docket, 

find the docket as described in the 

previous paragraph, and then select 

‘‘Supporting & Related Material’’ in the 

Document Type column. Public 

comments will also be placed in our 

online docket and can be viewed by 

following instructions on the https://

www.regulations.gov Frequently Asked 

Questions web page. Also, if you click 

on the Dockets tab and then the 

proposed rule, you should see a 

‘‘Subscribe’’ option for email alerts. The 

option will notify you when comments 

are posted, or a final rule is published. 

We review all comments received, but 

we will only post comments that 

address the topic of the proposed rule. 

We may choose not to post off-topic, 

inappropriate, or duplicate comments 

that we receive. 

Personal information. We accept 

anonymous comments. Comments we 

post to https://www.regulations.gov will 

include any personal information you 

have provided. For more about privacy 

and submissions to the docket in 

response to this document, see DHS’s 

eRulemaking System of Records notice 

(85 FR 14226, March 11, 2020). 

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 is proposing 

to amend 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 § 165.715 to read as follows: 

§ 165.715 Safety Zone; Biscayne Bay, 

Homestead, FL. 

(a) Location. The following area is a 

safety zone: All waters of Biscayne Bay, 

from surface to bottom within a 1,000- 

yard radius of 25°28′506′′ N, 

080°13′842′′, creating a circular zone. 

(b) Definitions. As used in this 

section, designated representative 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

operating a Coast Guard vessel and a 

Federal, State, and local officer 

designated by or assisting the Captain of 

the Port (COTP) Miami in the 

enforcement of the safety zone. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, you may not enter the safety 

zone described in paragraph (a) of this 

section unless authorized by the COTP 

or the COTP’s designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative by contacting Sector 

Miami’s Command Center at 305–535– 

4300. Those in the safety zone must 

comply with all lawful orders or 


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directions given to them by the COTP or 

the COTP’s designated representative. 

(d) Enforcement period. The safety 

zone described in paragraph (a) of this 

section would be enforced by the COTP 

only upon notice. Notice of enforcement 

by the COTP will be provided prior to 

execution of the exercise by all 

appropriate means, in accordance with 

33 CFR 165.7(a). Such means will 

include publication of a Notification of 

Enforcement in the Federal Register, 

and by the presence of military 

helicopter with the insignia of the U.S. 

Army, the U.S. Air Force, the U.S. Navy, 

or the U.S. Marine Corps, and may also 

include Broadcast Notice to Mariners, 

Local Notice to Mariners, or both. 

Dated: January 31, 2024. 

C.R. Cederholm, 

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

Port Sector Miami. 

[FR Doc. 2024–02703 Filed 2–9–24; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 3 

RIN 2900–AR10 

Updating VA Adjudication Regulations 

for Disability or Death Benefit Claims 

Related to Exposure to Certain 

Herbicide Agents 

AGENCY: Department of Veterans Affairs. 

ACTION: Proposed rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) proposes to amend its 

adjudication regulations relating to 

exposure to certain herbicide agents to 

incorporate the provisions of the Blue 

Water Navy Vietnam Veterans Act of 

2019 (the BWN Act), specifically by 

extending the presumed area of 

exposure to the offshore waters of the 

Republic of Vietnam, defining the 

boundaries of the offshore waters, 

expanding the date ranges for 

presumption of exposure in the Korean 

Demilitarized Zone (DMZ) and 

establishing entitlement to spina bifida 

benefits for children of certain Veterans 

who served in Thailand. This rule also 

proposes to codify a presumption of 

exposure to certain herbicide agents for 

locations published on the Department 

of Defense’s (DoD) record of locations 

where certain herbicide agents were 

used, tested or stored outside of 

Vietnam. In addition, this rule also 

proposes to codify longstanding 

procedures for searching for payees 

entitled to class action settlement 

payments aligned with Nehmer v. U.S. 

Department of Veterans Affairs and 

proposes to apply the definition of the 

Republic of Vietnam’s offshore waters to 

claims for presumptive service 

connection for non-Hodgkin’s 

lymphoma. VA is also proposing to 

amend its adjudication regulations 

concerning presumptive service 

connection for diseases associated with 

exposure to certain herbicide agents. 

This amendment implements provisions 

of the Fiscal Year (FY) 2021 National 

Defense Authorization Act (NDAA), 

which added bladder cancer, 

hypothyroidism and Parkinsonism as 

medical conditions eligible for 

presumptive service connection. 

Finally, this rulemaking proposes to 

implement certain provisions of the 

Sergeant First Class Heath Robinson 

Honoring our Promise to Address 

Comprehensive Toxics Act of 2022 

(PACT Act), specifically by recognizing 

hypertension and monoclonal 

gammopathy of undetermined 

significance (MGUS) as diseases eligible 

for a presumption of exposure to certain 

herbicides and adding new locations as 

eligible for a presumption of exposure to 

certain herbicides during specific 

timeframes. 

DATES: Comments must be received on 

or before [insert date 60 days after date 

of publication in the Federal Register]. 

ADDRESSES: Comments must be 

submitted through www.regulations.gov. 

Except as provided below, comments 

received before the close of the 

comment period will be available at 

www.regulations.gov for public viewing, 

inspection, or copying, including any 

personally identifiable or confidential 

business information that is included in 

a comment. We post the comments 

received before the close of the 

comment period on 

www.regulations.gov as soon as possible 

after they have been received. VA will 

not post on Regulations.gov public 

comments that make threats to 

individuals or institutions or suggest 

that the commenter will take actions to 

harm the individual. VA encourages 

individuals not to submit duplicative 

comments; however, we will post 

comments from multiple unique 

commenters even if the content is 

identical or nearly identical to other 

comments. Any public comment 

received after the comment period’s 

closing date is considered late and will 

not be considered in the final 

rulemaking. In accordance with the 

Providing Accountability Through 

Transparency Act of 2023, a 100 word 

Plain-Language Summary of this 

proposed rule is available at 

Regulations.gov, under RIN 2900–AR10. 

FOR FURTHER INFORMATION CONTACT: Jane 

Allen, Regulations Analyst; Robert 

Parks, Chief, Regulations Staff (211C), 

Compensation Service (21C), Veterans 

Benefits Administration, Department of 

Veterans Affairs, 810 Vermont Avenue 

NW, Washington, DC 20420, (202) 461– 

9700. (This is not a toll-free telephone 

number.) 

SUPPLEMENTARY INFORMATION: 

I. Background 

The spraying of herbicides as tactical 

defoliants during the Vietnam War 

began in 1962 and continued until 1971. 

Public concern over the military’s use of 

herbicides began to grow following 

requests by scientists to evaluate 

possible toxic effects of widespread 

herbicide spraying. To respond to 

public concern about possible long-term 

health effects of exposure to herbicides, 

Congress passed the Veterans’ Dioxin 

and Radiation Exposure Compensation 

Standards Act, Public Law 98–542. The 

Act required VA to create guidelines 

and criteria for deciding claims for 

benefits based on a Veteran’s exposure 

to herbicides during service in the 

Republic of Vietnam and established the 

first presumptions of service connection 

based on exposure to certain herbicides. 

The Act also established the Veterans’ 

Advisory Committee on Environmental 

Hazards to provide findings and 

evaluations regarding the scientific 

evidence related to possible adverse 

health hazards due to exposure to 

herbicides. 

The results of these studies prompted 

the Agent Orange Act of 1991, Public 

Law 102–4, codified in part at 38 U.S.C. 

1116. This Act established presumptive 

service connection for non-Hodgkins 

lymphoma, soft-tissue sarcoma (with 

certain exceptions) and chloracne or 

other consistent acneform diseases. In 

addition, the Act directed the VA to 

enter into an agreement with the 

National Academy of Sciences to review 

and evaluate the scientific evidence 

concerning the association between 

exposure to certain herbicide agents 

during service in the Republic of 

Vietnam and each disease suspected to 

be associated with such exposure. The 

Act further established guidelines for 

the evidentiary support needed to create 

new presumptions of service 

connection. The Act required that 

‘‘Whenever the Secretary determines, on 

the basis of sound medical and 

scientific evidence, that a positive 

association exists between (A) the 

exposure of humans to an herbicide 

agent, and (B) the occurrence of a 

disease in humans, the Secretary shall 

prescribe regulations providing that a 


khammond on DSKJM1Z7X2PROD with PROPOSALS