Federal Register / Vol. 87, No. 23 / Thursday, February 3, 2022 / Rules and Regulations 6037 

ARCHITECTURAL AND 

TRANSPORTATION BARRIERS 

COMPLIANCE BOARD 

36 CFR Part 1195 

[Docket No. ATBCB–2021–0002] 

RIN 3014–AA45 

Standards for Accessible Medical 

Diagnostic Equipment 

AGENCY: Architectural and 

Transportation Barriers Compliance 

Board. 

ACTION: Direct final rule. 

SUMMARY: We, the Architectural and 

Transportation Barriers Compliance 

Board (hereafter, ‘‘Access Board’’ or 

‘‘Board’’), are issuing this direct final 

rule to extend, for three years, the 

sunset provisions in the Board’s existing 

accessibility standards for medical 

diagnostic equipment related to the lowheight specifications for transfer 

surfaces to provide additional time for 

research necessary to determine the 

appropriate, final specification for the 

low transfer height position. The Access 

Board is issuing these amendments 

directly as a final rule because we 

believe they are noncontroversial, 

unlikely to receive adverse comment, 

and will serve the public interest. 

DATES: This direct final rule is effective 

February 3, 2022, without further 

action, unless adverse comment is 

received by March 7, 2022. If timely 

adverse comment is received, the 

Access Board will publish a notification 

of withdrawal in the Federal Register. 

Such notification may withdraw the 

direct final rule in whole or in part. 

ADDRESSES: You may submit comments 

by any one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email: docket@access-board.gov. 

Include docket number ATBCB–2021– 

0002 in the subject line of the message. 

• Mail: Office of General Counsel, 

U.S. Access Board, 1331 F Street NW, 

Suite 1000, Washington, DC 20004– 

1111. 

Instructions: All submissions must 

include the docket number (ATBCB– 

2021–0002) for this regulatory action. 

All comments received will be posted 

without change to http://

www.regulations.gov, including any 

personal information provided. 

Docket: For access to the docket to 

read background documents or 

comments received, go to https://

www.regulations.gov/docket/ATBCB2022-0002. 

FOR FURTHER INFORMATION CONTACT: 

Attorney Advisor Wendy Marshall, 

(202) 272–0043, marshall@accessboard.gov. 

SUPPLEMENTARY INFORMATION: 

Legal Authority 

Section 510 of the Rehabilitation Act 

charges the Access Board with 

developing and maintaining minimum 

technical criteria to ensure that 

‘‘medical diagnostic equipment used in 

or in conjunction with physician’s 

offices, clinics, emergency rooms, 

hospitals, and other medical settings, is 

accessible to, and usable by, individuals 

with accessibility needs, and shall allow 

independent entry to, use of, and exit 

from the equipment by such individuals 

to the maximum extent possible.’’ 29 

U.S.C. 794f. The Access Board’s 

minimum technical criteria do not 

impose any mandatory requirements on 

health care providers or medical device 

manufacturers. Adopting agencies or 

entities may, however, issue regulations 

or adopt policies requiring health care 

providers to acquire accessible medical 

diagnostic equipment that complies 

with the minimum technical criteria set 

forth by the Access Board. 

Purpose of Direct Final Rule 

In January 2017, the Board issued a 

final rule establishing accessibility 

standards for medical diagnostic 

equipment (MDE Standards). 82 FR 

2810 (codified at 36 CFR part 1195). The 

MDE Standards set forth minimum 

technical criteria to ensure that medical 

diagnostic equipment used by health 

care providers (such as examination 

tables, weight scales, and imaging 

equipment) is accessible to, and usable 

by, individuals with disabilities. One of 

the areas covered by these Standards is 

the adjustability of transfer surfaces for 

certain types of medical diagnostic 

equipment. Specifically, for diagnostic 

equipment used by patients in a supine, 

prone, side-lying, or seated position, the 

MDE Standards specify the following 

adjustability requirements for transferheight positions: A high height of 25 

inches, a low height of 17–19 inches, 

and four unspecified intermediate 

heights between the high and low 

transfer height, which are separated by 

a minimum of one inch. 36 CFR part 

1195, appendix, sections M301.2.1 & 

M302.2.2. 

Unlike the other transfer height 

specifications, the low transfer height 

was set as a temporary range with fiveyear sunset provisions. Id. As explained 

in the preamble to the final rule, the 

Board took this approach because ‘‘there 

was insufficient information to 

designate a single minimum low height 

requirement at this time. Specifically, 

there [was] insufficient data on the 

extent to which and how many 

individuals would benefit from a 

transfer height lower than 19 inches.’’ 

82 FR at 2816. The Board thus specified 

a five-year sunset period to afford time 

for needed research and subsequent 

promulgation of a final specification for 

the low transfer height position. Id. 

The Access Board is currently 

conducting research on low transfer 

heights; however, this research will not 

be completed in time for the Board to 

finalize a low transfer height 

specification prior to the expiration of 

the sunset period. By this rule, the 

Board thus extends the sunset 

provisions by an additional three years 

(i.e., January 2025) so that there is no 

lapse in specifications for the low 

transfer height provisions while the 

Board completes both its research and 

the required rulemaking processes to 

establish final specifications. 

Regulatory Process Matters 

A. Administrative Procedures Act and 

Good Cause Findings 

The Access Board is extending the 

sunset provisions in the MDE Standards 

without prior notice and opportunity for 

public comment because it has 

determined that such procedures are 

unnecessary and contrary to the public 

interest. See 5 U.S.C. 553(b)(B) 

(permitting agencies to bypass noticeand-comment procedures when, for 

good cause, they find prior notice 

‘‘impracticable, unnecessary, or contrary 

to the public interest’’). Extending the 

sunset provisions for the low transfer 

height provisions represents a minor, 

technical change that merely maintains 

the status quo for an additional three 

years. We thus believe the changes 

effected by this direct final rule will be 

noncontroversial and unlikely to draw 

adverse comment. Additionally, because 

the MDE Standards were promulgated 

through full notice-and-comment 

rulemaking, the public interest is best 

served by ensuring there is no lapse in 

low transfer height requirements. The 

Board thus finds good cause for waiver 

of prior notice and comment. 

In addition, the Access Board finds 

good cause under 5 U.S.C. 553(d)(3) to 


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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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