51000 Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Rules and Regulations 

the 24-hour Command Center at 

telephone (415) 399–3547. 

(d) Enforcement period. This section 

will be enforced from September 13, 

2021 at 12:01 a.m. until September 18, 

2021 at 11:59 p.m. or as announced via 

marine information broadcast. 

(e) Information broadcasts. The COTP 

or the COTP’s designated representative 

will notify the maritime community of 

periods during which this zone will be 

enforced in accordance with 33 CFR 

165.7. 

Dated: September 9, 2021. 

Jordan M. Baldueza, 

Captain, U.S. Coast Guard, Alternate Captain 

of the Port, Sector San Francisco. 

[FR Doc. 2021–19901 Filed 9–10–21; 4:15 pm] 

BILLING CODE 9110–04–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 3 

RIN 2900–AR22 

Extension of the Presumptive Period 

for Compensation for Persian Gulf War 

Veterans 

AGENCY: Department of Veterans Affairs. 

ACTION: Interim Final Rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) is issuing this interim final 

rule to amend 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 

manifest to a compensable degree in 

order to establish entitlement to 

disability compensation benefits. The 

intended effect of this amendment is to 

provide consistency in VA adjudication 

policy, preserve certain rights afforded 

to Persian Gulf War Veterans and ensure 

fairness for current and future Persian 

Gulf War Veterans. 

DATES: 

Effective date: This interim final rule 

is effective September 14, 2021. 

Applicability date: The provisions of 

this interim final rule shall apply to all 

applications for benefits that are 

received by VA on or after the effective 

date of this interim 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 interim final rule. 

Comments due date: Comments must 

be received on or before October 14, 

2021. 

ADDRESSES: Comments may be 

submitted through 

www.Regulations.gov. Comments 

should indicate that they are submitted 

in response to ‘‘RIN 2900–AR22— 

Extension of the Presumptive Period for 

Compensation for Persian Gulf War 

Veterans.’’ Comments received will be 

available at www.regulations.gov for 

public viewing, inspection or copies. 

FOR FURTHER INFORMATION CONTACT: 

Robert Parks, Chief, Regulations Staff 

(211D), Compensation Service, Veterans 

Benefits Administration, 810 Vermont 

Avenue NW, Washington, DC 20420, 

(202) 461–9540. (This is not a toll-free 

telephone number.) 

SUPPLEMENTARY INFORMATION: 

I. Background 

In response to the needs and concerns 

of Veterans who served in the 

Southwest Asia theater of operations 

during the Persian Gulf War, Congress 

enacted the Persian Gulf War Veterans’ 

Benefits Act, Title I of the Veterans’ 

Benefits Improvement Act of 1994, 

Public Law 103–446, which was 

codified in relevant part at 38 U.S.C. 

1117. This law provided authority for 

the Secretary of Veterans Affairs 

(Secretary) to compensate eligible 

Persian Gulf War Veterans with a 

chronic disability resulting from an 

undiagnosed illness. That illness must 

have become manifest either during 

active duty service in the Southwest 

Asia theater of operations during the 

Persian Gulf War, or disabling to a 

degree of 10 percent or more during a 

period determined by the Secretary and 

prescribed by regulation. The Secretary 

would determine this period after 

reviewing any credible medical or 

scientific evidence, the historical 

treatment afforded disabilities for which 

VA had established such periods, and 

other pertinent circumstances regarding 

the experiences of Veterans of the 

Persian Gulf War. 

As required by Public Law 105–368, 

the National Academy of Sciences 

(NAS) reviewed, evaluated, and 

summarized the scientific and medical 

literature for possible association 

between service in the Southwest Asia 

theater of operations and long-term 

adverse health effects. Following review 

of NAS reports on Gulf War and Health, 

volumes 9, 10, and 11, VA concludes 

that the evidence remains inconclusive 

regarding the time of onset of 

undiagnosed and other illnesses related 

to Persian Gulf War service. (NAS 

reports are available at http://

nationalacademies.org) 

II. Extension of Current Deadline 

Currently, military operations in the 

Southwest Asia theater of operations 

continue. No end date for the Persian 

Gulf War has been established by 

Congress or the President. See 38 U.S.C. 

101(33) (defining the term ‘‘Persian Gulf 

War’’). Because scientific uncertainty 

remains as to the cause and time of 

onset of illnesses suffered by Persian 

Gulf War Veterans and current research 

studies are inconclusive, limiting 

entitlement to benefits payable under 38 

U.S.C. 1117 due to the expiration of the 

presumptive period in 38 CFR 

3.317(a)(1)(i) would be premature. If 

extension of the current presumptive 

period is not implemented, 

servicemembers whose conditions 

manifest after December 31, 2021, 

would be substantially disadvantaged 

compared to servicemembers whose 

conditions manifested at an earlier date. 

Therefore, VA is extending the 

presumptive period in 38 CFR 

3.317(a)(1)(i) for qualifying chronic 

disabilities that become manifest to a 

degree of 10 percent or more through 

December 31, 2026 (a period of five 

years), to ensure those benefits 

established by Congress are fairly 

administered. 

Administrative Procedure Act 

The Secretary of Veterans Affairs 

finds that there is good cause under the 

provisions of 5 U.S.C. 553(b)(B) and 

(d)(3) to publish this rule without prior 

opportunity for public comment and to 

publish this rule with an immediate 

effective date. Absent extension of the 

sunset date in the current regulation, 

VA’s authority to provide benefits in 

new claims for qualifying chronic 

disability in Persian Gulf War Veterans 

will lapse on December 31, 2021. A 

lapse of such authority would be 

contrary to the public interest because it 

would have a significant adverse impact 

on veterans disabled due to such 

disabilities. To avoid such impact, VA 

is issuing this rule as an interim final 

rule, effective upon date of publication. 

However, VA invites public comments 

on this interim final rule and will fully 

consider and address any comments 

received. 

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, 


tkelley on DSK125TN23PROD with RULES1
Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Rules and Regulations 51001 

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 interim 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). 

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 interim final rule will 

have no such effect on State, local, and 

tribal governments, or on the private 

sector. 

Paperwork Reduction Act 

This interim 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 

Assistance program numbers and titles 

for this rule are: 64.104, Pension for 

Non-Service-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 July 26, 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. 

For the reasons set forth in the 

preamble, 38 CFR part 3 is amended as 

follows: 

PART 3—ADJUDICATION 

Subpart A—Pension, Compensation, 

and Dependency and Indemnity 

Compensation 

■ 1. The authority citation for subpart A 

continues to read as follows: 

Authority: 38 U.S.C. 501(a), unless 

otherwise noted. 

■ 2. In § 3.317, paragraph (a)(1)(i) is 

revised to read as follows: 

§ 3.317 Compensation for certain 

disabilities occurring in Persian Gulf 

veterans. 

(a) * * * 

(1) * * * 

(i) Became manifest either during 

active military, naval, or air service in 

the Southwest Asia theater of 

operations, or to a degree of 10 percent 

or more not later than December 31, 

2026; and 

* * * * * 

(Authority: 38 U.S.C. 1117, 1118). 

[FR Doc. 2021–19712 Filed 9–13–21; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 174 

[EPA–HQ–OPP–2021–0170; FRL–8908–01– 

OCSPP] 

Defensin Proteins Derived From 

Spinach in Citrus Plants; Temporary 

Exemption From the Requirement of a 

Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes a 

temporary exemption from the 

requirement of a tolerance for residues 

of spinach defensin proteins SoD2, 

SoD2*, SoD7, and SoD8 in or on citrus 

when used as a plant-incorporated 

protectant in accordance with the terms 

of Experimental Use Permit (EUP) No. 

88232–EUP–1. Southern Gardens Citrus 

Nursery, LLC., submitted a petition to 

EPA under the Federal Food, Drug, and 

Cosmetic Act (FFDCA), requesting the 

temporary tolerance exemption. This 

regulation eliminates the need to 

establish a maximum permissible level 

for residues of spinach defensin 

proteins SoD2, SoD2*, SoD7, and SoD8. 

The temporary tolerance exemption 

expires on May 31, 2025. 

DATES: This regulation is effective 

September 14, 2021. Objections and 

requests for hearings must be received 

on or before November 15, 2021, and 

must be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2021–0170, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW, Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPP 

Docket is (703) 305–5805. 

Due to the public health concerns 

related to COVID–19, the EPA Docket 

Center (EPA/DC) and Reading Room is 

closed to visitors with limited 

exceptions. The staff continues to 

provide remote customer service via 

email, phone, and webform. For the 

latest status information on EPA/DC 

services and docket access, visit https:// 

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Charles Smith, Biopesticides and 

Pollution Prevention Division (7511P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460–0001; main telephone number: 

(703) 305–7090; email address: 

BPPDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 


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