Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Proposed Rules 50513 

and non-routine repairs for surface 

mobile equipment; 

(3) identify currently available and 

newly emerging feasible technologies 

that can enhance safety at the mine and 

evaluate whether to adopt them; and 

(4) train miners and other persons at 

the mine necessary to perform work to 

identify and address or avoid hazards 

related to surface mobile equipment. 

(b) The responsible person shall 

evaluate and update the written safety 

program annually or as mining 

conditions or practices change, as 

accidents or injuries occur, or as 

equipment changes or modifications are 

made. 

§ 77.2104 Record and inspection. 

The mine operator shall make the 

written safety program available for 

inspection by authorized representatives 

of the Secretary, miners, and 

representatives of miners, and provide a 

copy, upon request. 

[FR Doc. 2021–18791 Filed 9–8–21; 8:45 am] 

BILLING CODE 4520–43–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 3 

RIN 2900–AQ95 

Update and Clarify Regulatory Bars to 

Benefits Based on Character of 

Discharge 

AGENCY: Department of Veterans Affairs. 

ACTION: Request for information; 

notification of listening sessions. 

SUMMARY: The Department of Veterans 

Affairs (VA) is requesting information to 

assist in the modification of the 

regulatory framework for discharges 

considered ‘‘dishonorable’’ for VA 

benefit eligibility purposes. On July 10, 

2020, VA published a proposed rule for 

public notice and comment. The 

proposed rule would modify VA 

regulations governing VA character of 

discharge determinations based on 

‘‘willful and persistent misconduct,’’ 

‘‘moral turpitude,’’ and ‘‘homosexual 

acts involving aggravating 

circumstances or other factors affecting 

the performance of duty.’’ In addition, 

the proposed rule would create a 

‘‘compelling circumstances’’ exception 

to certain regulatory bars to benefits in 

order to ensure fair character of 

discharge determinations in light of all 

pertinent factors. Following publication, 

VA received numerous public 

comments. Due to the various and 

differing comments received, VA is 

seeking additional information to help 

inform VA’s development of updated 

character of discharge regulations. 

Additionally, VA is announcing a 

virtual listening session to further seek 

verbal feedback from a variety of entities 

as VA implements this regulation. 

Regardless of attendance at the virtual 

listening session, interested parties are 

invited to submit comments, including 

data and research. 

DATES: Comments on this request for 

information must be received by VA on 

or before October 12, 2021. VA will also 

hold the first public virtual listening 

session on October 5, 2021, and the 

second public virtual listening session 

on October 6, 2021. Each meeting will 

start at 8:50 a.m. and conclude at or 

before 4:15 p.m. Eastern Daylight Time. 

Virtual check-in will begin at 8 a.m. 

ADDRESSES: Comments must be 

submitted through www.Regulations.gov 

and will be available for public viewing, 

inspection, or copies. 

The virtual listening sessions will be 

held virtually as WebEx events and will 

be open to the public to listen on a first 

come, first served basis. Information 

about the meeting and registration to 

speak or listen can be obtained by 

emailing: CODRegistration.VBACO@

va.gov. Virtual attendance will be 

limited to the maximum allowed by 

WebEx. 

FOR FURTHER INFORMATION CONTACT: 

Robert Parks, Chief, Part 3 Forms and 

Regulations (211D), Department of 

Veterans Affairs, 810 Vermont Avenue 

NW, Washington, DC 20420, 202–461– 

9540 (This is not a toll-free telephone 

number). 

SUPPLEMENTARY INFORMATION: 

Background 

On July 10, 2020 (85 FR 41471), VA 

published a proposed rule in the 

Federal Register to amend 38 CFR 3.12 

by updating and clarifying the 

regulatory bars to benefits. Specifically, 

VA proposed to modify the regulatory 

framework for discharges considered 

‘‘dishonorable’’ for VA benefit eligibility 

purposes, such as discharges due to 

‘‘willful and persistent misconduct,’’ 

‘‘an offense involving moral turpitude,’’ 

and ‘‘homosexual acts involving 

aggravating circumstances or other 

factors affecting the performance of 

duty.’’ VA also proposed to extend a 

‘‘compelling circumstances’’ exception 

to certain regulatory bars to benefits in 

order to ensure fair character of 

discharge determinations in light of all 

pertinent factors. 

VA invited interested persons to 

submit written comments on or before 

September 8, 2020. VA received over 70 

comments in response to the proposed 

rule. Over 20 of those comments were 

from organizations and the rest were 

from individual members of the public. 

Those organizations included: (1) 

American Psychological Association, (2) 

Charlotte Center for Legal Advocacy, (3) 

Homeless Advocacy Project, (4) 

Homeless Persons Representation 

Project, Inc., (5) Inner City Law Center, 

(6) Legal Aid Foundation of Los 

Angeles, (7) Lewis B. Puller Veterans 

Benefits Clinic of William & Mary Law 

School, (8) Modern Military Association 

of America, (9) National Law School 

Veterans Clinic Consortium, (10) 

National Organization of Veterans’ 

Advocates, Inc., (11) National Veterans 

Legal Services Program, (12) New York 

State Division of Veterans Services, (13) 

NY Legal Assistance Group, (14) Ohio 

Veterans Law Task Force, (15) Public 

Counsel Center for Veterans 

Advancement, (16) Swords to 

Plowshares, (17) The Jerome N. Frank 

Legal Services Organization, (18) The 

Minority Veterans of America (MVA), 

(19) The National Coalition for 

Homeless Veterans, (20) The National 

Veterans Council for Legal Redress, (21) 

University of Florida Levin College of 

Law Veterans and Servicemembers 

Legal Clinic, (22) Veterans Advocacy 

Project, (23) Veterans Clinic at the 

University of Missouri School of Law, 

(24) Veterans Healthcare Policy 

Institute, (25) Veterans Legal Services, 

and (26) Vietnam Veterans of America. 

Individual comments were also received 

from U.S. Senators Richard Blumenthal, 

Jon Tester, and Sherrod Brown. 

This additional request for 

information, described in more detail 

below, will assist VA in gathering and 

taking into account diverse viewpoints 

on this issue. Responses to this request 

for information will be used to help 

inform VA’s development of updated 

character of discharge regulations. This 

request for information has a written 

comment period of 30 days, during 

which VA invites individuals, groups, 

and entities to reply to the questions 

presented below. VA believes that 30 

days is sufficient to provide comments, 

as the individuals, groups, and entities 

interested in this program likely have 

information and opinions readily 

available or can quickly compile and 

submit such information. Commenters 

are encouraged to provide complete but 

concise responses to the questions 

outlined below. 

VA will also be holding virtual public 

listening sessions on October 5, 2021, 

and October 6, 2021, to provide groups 

and entities an opportunity to share 

additional information. Oral comments, 

testimonies, and technical remarks are 

encouraged to be concise and directed 


lotter on DSK11XQN23PROD with PROPOSALS1
50514 Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Proposed Rules 

toward specific Request for Information 

topics below. Please note that VA will 

evaluate all comments (oral and written) 

and, as appropriate, incorporate them 

into VA’s next action. 

Request for Information 

To update its character of discharge 

regulations, VA seeks information on 

the topics and issues listed below. 

Commenters do not need to address 

every question and should focus on 

those that relate to their expertise or 

perspectives. Commenters should 

clearly indicate which topics and issues 

are being addressed in their response. 

A. Compelling Circumstances 

1. VA proposed to consider, as a 

factor in a ‘‘compelling circumstances’’ 

analysis, the impact of mental 

impairment at the time of the prolonged 

absence without leave (AWOL) or 

misconduct, to include a diagnosis of 

(or evidence that could later be 

medically determined to demonstrate 

the existence of) certain enumerated 

mental disabilities. Some commenters 

felt that the list of disabilities was 

overinclusive; some felt that it was 

underinclusive. VA seeks comment on 

the following question: What 

conditions, symptoms, or circumstances 

if any, should VA consider when 

determining the impact of mental 

impairment at the time of the prolonged 

AWOL or misconduct? 

2. VA proposed to consider, as a 

factor in a ‘‘compelling circumstances’’ 

analysis, ‘‘Sexual abuse/assault.’’ 

Should VA employ a different or 

additional term for this category, such 

as ‘‘Military Sexual Trauma (MST)’’? 

Also, should VA include language 

reminding adjudicators to look beyond 

service records to corroborate the 

account of an in-service personal 

assault, as provided in 38 CFR 

3.304(f)(5)? 

B. Willful and Persistent Misconduct 

VA noted in the proposed rulemaking 

that ‘‘willful misconduct’’ is already 

defined in 38 CFR 3.1(n) as ‘‘an act 

involving conscious wrongdoing or 

known prohibited action’’—i.e., the act 

involves deliberate or intentional 

wrongdoing with knowledge of or 

wanton and reckless disregard of its 

probable consequences. VA then 

proposed to clarify what circumstances 

qualify as ‘‘willful and persistent 

misconduct’’ in proposed 38 CFR 

3.12(d)(2)(ii), with reference to certain 

timelines for ‘‘minor misconduct’’ and 

‘‘more serious misconduct’’. VA seeks 

comments on the following questions: 

1. Should VA proceed with a 

distinction between ‘‘minor 

misconduct’’ and ‘‘more serious 

misconduct’’ when evaluating whether 

misconduct is persistent? Should VA 

define what is considered ‘‘serious 

misconduct?’’ Should VA only consider 

an action to be ‘‘misconduct’’ if it 

actually caused harm to a person or 

property or should VA consider all 

misconduct, regardless of severity, in its 

determination? Should VA consider 

extenuating circumstances that may 

have led to or impacted the 

‘‘misconduct’’ at issue? 

2. Some commenters requested that 

VA clarify the number of incidents 

required to constitute willful and 

persistent misconduct. How many 

instances over what period of time 

should be considered persistent? Should 

the totality of the circumstances be 

considered in addition to the number of 

incidents when determining misconduct 

to be willful and persistent? 

C. Moral Turpitude 

Some commenters expressed concern 

that the proposed rule’s definition of 

moral turpitude is too vague. VA seeks 

comments on the following questions: 

1. VA regulation currently does not 

define moral turpitude, but states in 38 

CFR 3.12(d)(3) that it includes 

‘‘generally, conviction of a felony.’’ VA’s 

proposed rule would define moral 

turpitude as a ‘‘‘willful act that gravely 

violates accepted moral standards and 

would be expected to cause harm or loss 

to person or property.’’ Should VA 

revise this proposed definition, and if 

so, how? 

D. Benefit Eligibility 

VA seeks comments on the following 

questions regarding former service 

members and the bars to VA benefits: 

1. Some commenters recommended 

that VA only apply statutory bars to 

benefits (those enumerated in 38 U.S.C. 

5303(a)); others expressed concerns 

about how such an approach would 

affect military order and discipline. 

How (if at all) would removing the 

regulatory bars affect military order and 

discipline? 

2. Some commenters suggested that 

granting benefits to those with less than 

honorable discharges denigrates others’ 

honorable service. How (if at all) would 

extending VA benefits eligibility 

denigrate others’ honorable service? 

3. VA is committed to ensuring that 

its character of discharge regulations 

reflect the principles of fairness, 

inclusion, and justice that our Service 

members and our Nation deserves. What 

specific changes can be made to the 

proposed rule for fairly adjudicating the 

benefits eligibility of historically 

disadvantaged and vulnerable 

populations? 

Listening Session Registration 

Information about the meeting, how to 

listen and/or register to speak can be 

obtained by emailing: 

CODRegistration.VBACO@va.gov. 

Individual registration: VA 

encourages individual registrations for 

those wishing to speak who are not 

affiliated with or representing a group, 

association, or organization. 

Group registration: Identification of 

the name of the group, association, or 

organization should be indicated in 

your registration request. Due to virtual 

platform meeting limitations of WebEx, 

and the statutory mandate that VA 

consult with certain entities, VA may 

select certain entities to speak or may 

limit the size of a group’s registration to 

allow receipt of testimonies, and/or 

technical remarks from a broad, diverse 

group of stakeholders. Oral comments, 

testimonies, and/or technical remarks 

may be limited from a group, 

association, or organization with more 

than two individuals representing the 

same group, association, or 

organization. Efforts will be made to 

accommodate all attendees who wish to 

participate. The length of time allotted 

for participants to provide oral 

comments, testimonies, and/or technical 

remarks during the meeting will be no 

more than ten minutes, and is subject to 

the total number of participants 

speaking, to ensure time is allotted to 

selected registered speakers. Breaks 

between speakers will be ten minutes. 

There will be no opportunity for audiovisual presentations during the meeting. 

Audio (For listening purposes only): 

Virtual attendance will be limited to the 

maximum allowed by WebEx on a first 

come, first served basis. Advanced 

registration is not required. Audio 

attendees will not be allowed to offer 

oral comments, testimonies, and/or 

technical remarks as the phone line will 

be muted. 

Note: Should it be necessary to cancel 

the meeting due to technical issues or 

other emergencies, VA will take 

available measures to notify registered 

participants. VA will conduct the public 

meeting informally, and technical rules 

of evidence will not apply. VA will 

arrange for a written transcript of the 

meeting and keep the official record 

open until the closure of the Request 

For Information comment period to 

allow submission of supplemental 

information. The transcript will be 

posted in the docket of the rule as part 

of the official record when the rule is 

published. 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Proposed Rules 50515 

Each listening session will focus on 

the Request for Information topics 

described in this notice and will be 

scheduled according to the following 

Agendas: 

Listening Session 1 

Virtual Public Listening Sessions 1 

(October 5, 2021) 

Agenda 

08:00–08:50 Arrival/Check-In 

09:00–12:00 Morning Public Meeting 

Session 

12:00–13:00 Break 

13:00–16:10 Afternoon Public Meeting 

Session 

16:15 Adjourn 

Listening Session 2 

Virtual Public Listening Sessions 2 

(October 6, 2021) 

Agenda 

08:00–08:50 Arrival/Check-In 

08:50–12:00 Morning Public Meeting 

Session 

12:00–13:00 Break 

13:00–16:10 Afternoon Public Meeting 

Session 

16:15 Adjourn 

Paperwork Reduction Act 

This request for information 

constitutes a general solicitation of 

public comments as stated in the 

implementing regulations of the 

Paperwork Reduction Act of 1995 at 5 

CFR 1320.3(h)(4). Therefore, this request 

for information does not impose 

information collection requirements 

(i.e., reporting, recordkeeping, or thirdparty disclosure requirements). 

Consequently, there is no need for 

review by the Office of Management and 

Budget under the authority of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501, et seq.). 

Signing Authority 

Denis McDonough, Secretary of 

Veterans Affairs, approved this 

document on July 7, 2021, 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. 

[FR Doc. 2021–19413 Filed 9–8–21; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1995–0002, EPA–HQ– 

OLEM–2021–0454, 0456, 0457, 0458, 0459, 

0460, 0461, 0462, 0463, 0464, 0465, 0466 

and 0467; FRL–8886–01–OLEM] 

National Priorities List 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(‘‘CERCLA’’ or ‘‘the Act’’), as amended, 

requires that the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (‘‘NCP’’) include a list 

of national priorities among the known 

releases or threatened releases of 

hazardous substances, pollutants or 

contaminants throughout the United 

States. The National Priorities List 

(‘‘NPL’’) constitutes this list. The NPL is 

intended primarily to guide the 

Environmental Protection Agency 

(‘‘EPA’’ or ‘‘the agency’’) in determining 

which sites warrant further 

investigation. These further 

investigations will allow the EPA to 

assess the nature and extent of public 

health and environmental risks 

associated with the site and to 

determine what CERCLA-financed 

remedial action(s), if any, may be 

appropriate. This rule proposes to add 

12 sites to the General Superfund 

section and one site to the Federal 

Facilities section of the NPL. This 

document also withdraws a previous 

proposal for NPL addition. 

DATES: Comments regarding any of these 

proposed listings must be submitted 

(postmarked) on or before November 8, 

2021. 

As of September 9, 2021, the 

proposed rule published at 60 FR 8212 

(February 13, 1995), is withdrawn. 

ADDRESSES: Identify the appropriate 

docket number from the table below. 

DOCKET IDENTIFICATION NUMBERS BY SITE

Site name City/county, state Docket ID No. 

Westside Lead .......................................................................................... Atlanta, GA ..................................... EPA–HQ–OLEM–2021–0454 

North 5th Street Groundwater Contamination .......................................... Goshen, IN ..................................... EPA–HQ–OLEM–2021–0456 

Lower Neponset River .............................................................................. Boston/Milton, MA .......................... EPA–HQ–OLEM–2021–0457 

Bear Creek Sediments ............................................................................. Baltimore County, MD .................... EPA–HQ–OLEM–2021–0458 

Michner Plating—Mechanic Street ........................................................... Jackson, MI .................................... EPA–HQ–OLEM–2021–0459 

Southeast Hennepin Area Groundwater and Vapor ................................ Minneapolis, MN ............................. EPA–HQ–OLEM–2021–0460 

Meeker Avenue Plume ............................................................................. Brooklyn, NY .................................. EPA–HQ–OLEM–2021–0461 

Bradford Island ......................................................................................... Cascade Locks, OR ....................... EPA–HQ–OLEM–2021–0462 

Ochoa Fertilizer Co ................................................................................... Gua ́nica, PR ................................... EPA–HQ–OLEM–2021–0463 

Galey and Lord Plant ................................................................................ Society Hill, SC .............................. EPA–HQ–OLEM–2021–0464 

National Fireworks .................................................................................... Cordova, TN ................................... EPA–HQ–OLEM–2021–0465 

Unity Auto Mart ......................................................................................... Unity, WI ......................................... EPA–HQ–OLEM–2021–0466 

Paden City Groundwater .......................................................................... Paden City, WV .............................. EPA–HQ–OLEM–2021–0467 

You may send comments, identified 

by the appropriate docket number, by 

any of the following methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov/ (our 

preferred method). Follow the online 

instructions for submitting comments. 

• Agency Website: https://

www.epa.gov/superfund/current-nplupdates-new-proposed-npl-sites-andnew-npl-sites; scroll down to the site for 

which you would like to submit 

comments and click the ‘‘Comment 

Now’’ link. 

• Mail: U.S. Environmental 

Protection Agency, EPA Docket Center, 

Superfund Docket, Mail Code 28221T, 

1200 Pennsylvania Avenue NW, 

Washington, DC 20460. 

• Hand Delivery or Courier (by 

scheduled appointment only): EPA 

Docket Center, WJC West Building, 

Room 3334, 1301 Constitution Avenue 

NW, Washington, DC 20004. The Docket 

Center’s hours of operations are 8:30 


lotter on DSK11XQN23PROD with PROPOSALS1