6038 Federal Register / Vol. 87, No. 23 / Thursday, February 3, 2022 / Rules and Regulations 

waive the 30-day delay in effectiveness 

of this rule. This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

B. Regulatory Planning and Review 

(Executive Orders 12866 and 13563) 

The Access Board has examined the 

impact of this direct final rule under 

Executive Orders 12866 and 13563. 

These executive orders 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 (including potential 

economic, environmental, public health 

and safety effects, distributive impacts, 

and equity). This rule does not impose 

any incremental costs or benefits 

because it simply extends the sunset 

period for the low transfer height 

requirement for an additional three 

years; it imposes no new or revised 

substantive obligations. As such, this 

direct final rule is not a significant 

regulatory action for purposes of section 

3(f) of Executive Order 12866. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

requires federal agencies to analyze the 

impact of regulatory actions on small 

entities, unless an agency certifies that 

the rule will not have a significant 

impact on a substantial number of small 

entities. 5 U.S.C. 604, 605 (b). Because 

this direct final rule merely extends the 

existing sunset period for an additional 

three years to permit the Access Board 

to complete both its research and the 

required rulemaking processes to 

establish a permanent specification for 

the low transfer height position, the 

Access Board certifies that the rule will 

not have a significant economic impact 

on a substantial number of small 

entities. 

D. Federalism (Executive Order 13132) 

The Access Board has evaluated this 

direct final rule in accordance with the 

principles and criteria set forth in 

Executive Order 13132. We have 

determined that this action will not 

have a substantial direct effect on the 

States, the relationship between the 

Federal Government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government, and, therefore, 

does not have Federalism implications. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (codified at 2 U.S.C. 1531 et 

seq.) (‘‘UMRA’’) generally requires that 

Federal agencies assess the effects of 

their discretionary regulatory actions 

that may result in the expenditure of 

$100 million (adjusted for inflation) or 

more in any one year by the private 

sector, or by state, local, and tribal 

governments in the aggregate. Because 

this direct final rule is being issued 

under the APA’s good cause exception, 

UMRA’s analytical requirements are 

inapplicable. See 2 U.S.C. 1532(a). 

F. Paperwork Reduction Act 

Under the Paperwork Reduction Act 

(PRA), federal agencies are generally 

prohibited from conducting or 

sponsoring a ‘‘collection of information: 

As defined by the PRA, absent OMB 

approval. See 44 U.S.C. 3507 et seq. The 

MDE Standards do not impose any new 

or revised collections of information 

within the meaning of the PRA. 

G. Congressional Review Act 

This direct final rule is not a major 

rule within the meaning of the 

Congressional Review Act (5 U.S.C. 801 

et seq.) 

List of Subjects in 36 CFR Part 1195 

Health care, Individuals with 

disabilities, Medical devices. 

For the reasons stated in the 

preamble, and under the authority of 29 

U.S.C. 794f, the Board amends 36 CFR 

part 1195 as follows: 

PART 1195—STANDARDS FOR 

ACCESSIBLE MEDICAL DIAGNOSTIC 

EQUIPMENT 

■ 1. The authority citation for part 1195 

continues to read as follows: 

Authority: 29 U.S.C. 794f. 

Appendix to Part 1195—[Amended] 

■ 2. In the appendix to part 1195: 

■ a. In M301.2.2, remove the words 

‘‘January 10, 2022’’ and add, in their 

place, the words ‘‘January 10, 2025’’. 

■ b. In M302.2.2, remove the words 

‘‘January 10, 2022’’ and add, in their 

place, the words ‘‘January 10, 2025’’. 

Approved by notational vote of the Access 

Board on December 10, 2021. 

Sachin Pavithran, 

Executive Director. 

[FR Doc. 2022–02133 Filed 2–2–22; 8:45 am] 

BILLING CODE 8150–01–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 3 

RIN 2900–AR22 

Extension of the Presumptive Period 

for Compensation for Gulf War 

Veterans 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) amends its adjudication 

regulations regarding compensation for 

disabilities resulting from undiagnosed 

illnesses suffered by veterans who 

served in the Persian Gulf War. This 

amendment is necessary to extend the 

presumptive period for qualifying 

chronic disabilities resulting from 

undiagnosed illnesses that must become 

manifest to a compensable degree in 

order for entitlement for disability 

compensation to be established. The 

intended effect of this amendment is to 

provide consistency in VA adjudication 

policy and preserve certain rights 

afforded to Persian Gulf War veterans 

and to ensure fairness for current and 

future Persian Gulf War veterans. 

DATES: 

Effective date: This final rule is 

effective February 3, 2022. 

Applicability date: The provisions of 

this final rule shall apply to all 

applications for benefits that are 

received by VA on or after the effective 

date of this final rule or that are pending 

before VA, the United States Court of 

Appeals for Veterans Claims, or the 

United States Court of Appeals for the 

Federal Circuit on the effective date of 

this final rule. 

FOR FURTHER INFORMATION CONTACT: 

Bryant Coleman, Regulations Staff 

(211D), Compensation Service, Veterans 

Benefits Administration, 810 Vermont 

Avenue NW, Washington, DC 20420, 

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

telephone number.) 

SUPPLEMENTARY INFORMATION: On 

September 14, 2021, VA published an 

interim final rule in the Federal 

Register at 86 FR 51000 to amend its 

adjudication regulation 38 CFR 3.317 

regarding compensation for disabilities 

suffered by veterans who served in the 

Southwest Asia Theater of Operations 

during the Persian Gulf War. This 

amendment is necessary to extend the 

presumptive period during which 

disabilities associated with undiagnosed 

illnesses and medically unexplained 

chronic multi-symptom illnesses must 

become manifest in order for a veteran 

to be eligible for compensation. To 


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Federal Register / Vol. 87, No. 23 / Thursday, February 3, 2022 / Rules and Regulations 6039 

effectuate this rule, under 38 CFR 

3.317(a)(1)(i), VA replaced the phrase 

‘‘not later than December 31, 2021’’ with 

‘‘not later than December 31, 2026.’’ 

Under the provisions of 5 U.S.C. 

553(b)(B) and (d)(3) the Secretary of 

Veterans Affairs found that there was 

good cause to publish this rule without 

prior opportunity for public comment. 

Had VA not extended the sunset date for 

the regulation, its authority to provide 

benefits in new claims for qualifying 

chronic disability in Gulf War veterans 

would have lapsed on December 31, 

2021. A lapse of such authority would 

have been contrary to the public interest 

because it would have had a significant 

adverse impact on veterans disabled due 

to such disabilities. To avoid such 

impact, VA issued this rule as an 

interim final rule. However, VA invited 

interested persons to submit written 

comments on or before October 14, 

2021, and received seven comments in 

response to the interim final rule. These 

comments are discussed below. 

General Comments 

Three commenters referenced their 

poor health concerns or the poor health 

concerns of a family member. While VA 

sympathizes with anyone suffering from 

a debilitating disability and/or disease, 

the scope of this rule only addresses the 

deadline for the manifestation of 

presumptive conditions. VA makes no 

changes based on these comments. 

One commenter suggested the 

regulation should contain VA’s 

definition of Southwest Asia. This rule 

merely extends the presumption period 

in 38 CFR 3.317, and that section 

already contains VA’s definition of the 

Southwest Asia theater of operations (in 

38 CFR 3.317(e)(2)). VA makes no 

changes based on this comment. 

One commenter suggested that since 

no end date for the Persian Gulf War has 

been established by Congress, any 

deadline is premature. However, this 

rule does not impose a deadline; it 

extends the presumptive period during 

which disabilities associated with 

undiagnosed illnesses and medically 

unexplained chronic multi-symptom 

illnesses must become manifest in order 

for a veteran to be eligible for 

compensation based on the 

presumption. VA makes no changes 

based on this comment. 

VA received two non-substantive 

comments. VA makes no changes based 

on these comments. 

As VA makes no changes based on the 

comments received, this document 

adopts as a final rule the interim final 

rule published in the Federal Register 

on September 14, 2021. 

Executive Orders 12866 and 13563 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, when regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, and other advantages; 

distributive impacts; and equity). 

Executive Order 13563 (Improving 

Regulation and Regulatory Review) 

emphasizes the importance of 

quantifying both costs and benefits, 

reducing costs, harmonizing rules, and 

promoting flexibility. The Office of 

Information and Regulatory Affairs has 

determined that this rule is not a 

significant regulatory action under 

Executive Order 12866. The Regulatory 

Impact Analysis associated with this 

rulemaking can be found as a 

supporting document at 

www.regulations.gov. 

Regulatory Flexibility Act 

The Secretary hereby certifies that 

this final rule will not have a significant 

economic impact on a substantial 

number of small entities as they are 

defined in the Regulatory Flexibility Act 

(5 U.S.C. 601–612). There are no small 

entities involved with the process and/ 

or benefits associated with the 

rulemaking. Therefore, pursuant to 5 

U.S.C. 605(b), the initial and final 

regulatory flexibility analysis 

requirements of 5 U.S.C. 603 and 604 do 

not apply. 

Unfunded Mandates 

The Unfunded Mandates Reform Act 

of 1995 requires, at 2 U.S.C. 1532, that 

agencies prepare an assessment of 

anticipated costs and benefits before 

issuing any rule that may result in the 

expenditure by state, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

(adjusted annually for inflation) in any 

one year. This final rule will have no 

such effect on state, local, and tribal 

governments, or on the private sector. 

Paperwork Reduction Act 

This final rule contains no provisions 

constituting a collection of information 

under the Paperwork Reduction Act of 

1995 (44 U.S.C. 3501–3521). 

Catalog of Federal Domestic Assistance 

The Catalog of Federal Domestic 

Assitance numbers and titles for this 

rule are: 64.104, Pension for NonService-Connected Disability for 

Veterans; 64.109, Veterans 

Compensation for Service-Connected 

Disability. 

Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), the Office of 

Information and Regulatory Affairs 

designated this rule as not a major rule, 

as defined by 5 U.S.C. 804(2). 

List of Subjects in 38 CFR Part 3 

Administrative practice and 

procedure, Claims, Disability benefits, 

Pensions, Veterans. 

Signing Authority 

Denis McDonough, Secretary of 

Veterans Affairs, approved this 

document on January 19, 2022, and 

authorized the undersigned to sign and 

submit the document to the Office of the 

Federal Register for publication 

electronically as an official document of 

the Department of Veterans Affairs. 

Luvenia Potts, 

Regulation Development Coordinator, Office 

of Regulation Policy & Management, Office 

of General Counsel, Department of Veterans 

Affairs. 

■ For the reasons set forth in the 

preamble, the Department of Veterans 

Affairs adopts the interim rule 

published September 14, 2021, at 86 FR 

51000, as final without change. 

[FR Doc. 2022–02176 Filed 2–2–22; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2021–0680; FRL–9399–01– 

OCSPP] 

Poly(oxy-1,2-ethanediyl)-α-hydro-whydroxy-, Polymer With 

Poly(isocyanatoalkyl) Benzene, 

Alkylol-Blocked; Tolerance Exemption 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of Poly(oxy-1,2- 

ethanediyl)-a-hydro-w-hydroxy-, 

polymer with poly(isocyanatoalkyl) 

benzene, alkylol-blocked when used as 

an inert ingredient in a pesticide 

chemical formulation. BYK USA Inc. 

submitted a petition to EPA under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA), requesting an exemption from 

the requirement of a tolerance. This 

regulation eliminates the need to 

establish a maximum permissible level 

for residues of Poly(oxy-1,2-ethanediyl)- 

a-hydro-w-hydroxy-, polymer with 


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