Federal Register / Vol. 87, No. 80 / Tuesday, April 26, 2022 / Rules and Regulations 24429 

electronically as an official document of 

the Department of Veterans Affairs. 

Jeffrey M. Martin, 

Assistant Director, Office of Regulation Policy 

& Management, Office of General Counsel, 

Department of Veterans Affairs. 

For the reasons stated in the 

preamble, the Department of Veterans 

Affairs amends 38 CFR part 3 as set 

forth below: 

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). 

■ 2. Revise § 3.320 to read as follows: 

§ 3.320 Claims based on exposure to fine 

particulate matter. 

(a) Service connection based on 

presumed exposure to fine particulate 

matter—(1) General. Except as provided 

in paragraph (b) of this section, a 

disease listed in paragraphs (a)(2) and 

(a)(3) of this section shall be service 

connected even though there is no 

evidence of such disease during the 

period of military service. 

(2) Chronic diseases associated with 

exposure to fine particulate matter. The 

following chronic diseases will be 

service connected if manifested to any 

degree (including non-compensable) 

within 10 years from the date of 

separation from a qualifying period of 

military service as defined in paragraph 

(a)(5) of this section. 

(i) Asthma. 

(ii) Rhinitis. 

(iii) Sinusitis, to include 

rhinosinusitis. 

(3) Rare cancers associated with 

exposure to fine particulate matter. The 

following rare cancers will be service 

connected if manifested to any degree 

(including non-compensable) at any 

time following separation from a 

qualifying period of military service as 

defined in paragraph (a)(5) of this 

section. 

(i) Squamous cell carcinoma of the 

larynx. 

(ii) Squamous cell carcinoma of the 

trachea. 

(iii) Adenocarcinoma of the trachea. 

(iv) Salivary gland-type tumors of the 

trachea. 

(v) Adenosquamous carcinoma of the 

lung. 

(vi) Large cell carcinoma of the lung. 

(vii) Salivary gland-type tumors of the 

lung. 

(viii) Sarcomatoid carcinoma of the 

lung. 

(ix) Typical and atypical carcinoid of 

the lung. 

(4) Presumption of exposure. A 

Veteran who has a qualifying period of 

service as defined in paragraph (a)(5) of 

this section shall be presumed to have 

been exposed to fine, particulate matter 

during such service, unless there is 

affirmative evidence to establish that the 

veteran was not exposed to fine, 

particulate matter during that service. 

(5) Qualifying period of service. The 

term qualifying period of service means 

any period of active military, naval, or 

air service in: 

(i) The Southwest Asia theater of 

operations, as defined in § 3.317(e)(2), 

during the Persian Gulf War as defined 

in § 3.2(i). 

(ii) Afghanistan, Syria, Djibouti, or 

Uzbekistan on or after September 19, 

2001 during the Persian Gulf War as 

defined in § 3.2(i). 

(b) Exceptions. A disease listed in 

paragraph (a)(2) and (3) of this section 

shall not be presumed service connected 

if there is affirmative evidence that: 

(1) The disease was not incurred 

during or aggravated by a qualifying 

period of service; or 

(2) The disease was caused by a 

supervening condition or event that 

occurred between the Veteran’s most 

recent departure from a qualifying 

period of service and the onset of the 

disease; or 

(3) The disease is the result of the 

Veteran’s own willful misconduct. 

[FR Doc. 2022–08820 Filed 4–25–22; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2021–0395; FRL–9563–02– 

R4] 

Air Plan Approval; Kentucky; 

Emissions Statement Requirements for 

the 2015 8-Hour Ozone Standard 

Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a revision to 

the Kentucky State Implementation Plan 

(SIP) submitted to EPA by the 

Commonwealth of Kentucky through 

the Kentucky Division for Air Quality 

(KDAQ) on October 15, 2020. The SIP 

revision was submitted by KDAQ to 

address the emissions statement 

requirements for the 2015 8-hour ozone 

national ambient air quality standards 

(NAAQS) for Kentucky counties in the 

Cincinnati, Ohio-Kentucky 2015 8-hour 

ozone NAAQS nonattainment area 

(Cincinnati, OH-KY Area), and for some 

of the Kentucky counties in the 

Louisville, Kentucky-Indiana 2015 8- 

hour ozone NAAQS nonattainment area 

(Louisville, KY-IN Area). Specifically, 

EPA is approving the emissions 

statement requirements for portions of 

Boone, Campbell, and Kenton Counties 

in the Cincinnati, OH-KY Area, and 

Bullitt and Oldham Counties in the 

Louisville, KY-IN Area. EPA will 

consider and take action, or has 

considered and taken action, on 

submissions addressing the emissions 

statement requirements for the 

remaining counties in these two 

nonattainment areas, including the 

Jefferson County, Kentucky portion of 

the Louisville, KY-IN Area, in a separate 

rulemaking. This action is being taken 

pursuant to the Clean Air Act (CAA or 

Act). 

DATES: This rule is effective May 26, 

2022. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2021–0395. All documents in the docket 

are listed on the www.regulations.gov 

website. Although listed in the index, 

some information may not be publicly 

available, i.e., Confidential Business 

Information or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Air Regulatory Management Section, 

Air Planning and Implementation 

Branch, Air and Radiation Division, 

U.S. Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW, Atlanta, 

Georgia 30303–8960. EPA requests that, 

if at all possible, you contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section to schedule your 

inspection. The Regional Office’s 

official hours of business are Monday 

through Friday 8:30 a.m. to 4:30 p.m., 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Tiereny Bell, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air and 

Radiation Division, Region 4, U.S. 

Environmental Protection Agency, 61 

Forsyth Street SW, Atlanta, Georgia 

30303–8960. The telephone number is 

(404) 562–9088. Ms. Bell can also be 

reached via electronic mail at 

bell.tiereny@epa.gov. 


jspears on DSK121TN23PROD with RULES1
24430 Federal Register / Vol. 87, No. 80 / Tuesday, April 26, 2022 / Rules and Regulations 

1The 2015 8-hour Ozone NAAQS was 

promulgated on October 1, 2015, published on 

October 26, 2015, and effective December 28, 2015. 2The Cincinnati, OH-KY Area consists of the 

following counties: Boone (Partial), Campbell 

(Partial), Kenton (Partial), in Kentucky and the 

entire counties of Butler, Clermont, Hamilton, and 

Warren in Ohio. EPA has taken action on the 2015 

8-hour ozone NAAQS nonattainment area 

emissions statement requirements for the entire 

counties of Butler, Clermont, Hamilton, and Warren 

in Ohio in a separate action. See 86 FR 12270 

(March 3, 2021). 

3The Louisville, KY-IN Area consists of Bullitt, 

Jefferson, and Oldham Counties in Kentucky and 

Clark and Floyd Counties in Indiana. EPA took final 

action on the 2015 8-hour ozone NAAQS emissions 

statement requirements for the Jefferson County, 

Kentucky portion of the Louisville, KY-IN Area in 

a separate rulemaking, see 87 FR 13177 (March 9, 

2022), and will take action on the emissions 

statement requirements for Clark and Floyd 

Counties in Indiana in a separate rulemaking. 

4 KDAQ’s transmittal letter for the October 15, 

2020, SIP revision was dated October 15, 2020, and 

submitted to EPA on October 16, 2020. 

5On December 6, 2018, EPA finalized a rule titled 

‘‘Implementation of the 2015 National Ambient Air 

Quality Standards for Ozone: Nonattainment Area 

State Implementation Plan Requirements’’ (SIP 

Requirements Rule) that establishes the 

requirements that state, tribal, and local air quality 

management agencies must meet as they develop 

implementation plans for areas where air quality 

exceeds the 2015 8-hour ozone NAAQS. See 83 FR 

62998. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On October 1, 2015, EPA promulgated 

a revised 8-hour primary and secondary 

ozone NAAQS, strengthening both from 

0.075 parts per million (ppm) to 0.070 

ppm. See 80 FR 65292 (October 26, 

2015).1 Upon promulgation of a new or 

revised ozone NAAQS, the CAA 

requires EPA to designate as 

nonattainment any area that is violating 

the NAAQS based on the three most 

recent years of ambient air quality data 

at the conclusion of the designation 

process. On June 4, 2018 (effective 

August 3, 2018), EPA designated the 7- 

county Cincinnati, OH-KY Area as a 

Marginal ozone nonattainment area for 

the 2015 8-hour ozone NAAQS.2 Also 

on June 4, 2018 (effective August 3, 

2018), EPA designated the 5-county 

Louisville, KY-IN Area as a Marginal 

ozone nonattainment area for the 2015 

8-hour ozone NAAQS.3 The Cincinnati, 

OH-KY Area and the Louisville, KY-IN 

Area were designated nonattainment for 

the 2015 8-hour Ozone NAAQS using 

2014–2016 ambient air quality data. See 

83 FR 25776. 

Based on the nonattainment 

designation, Kentucky was required to 

develop a SIP revision addressing 

certain CAA requirements for an area 

designated nonattainment, including, 

pursuant to satisfying, among other 

things, CAA section 182(a)(3)(B). On 

October 15, 2020,4 Kentucky submitted 

a SIP revision addressing the emissions 

statement requirements related to the 

2015 8-hour ozone NAAQS for the 

Kentucky portion of the Cincinnati, OHKY Area and for Bullitt and Oldham 

Counties in the Kentucky portion of the 

Louisville, KY-IN Area. 

On February 28, 2022, EPA published 

a Notice of Proposed Rulemaking 

(NPRM) proposing to approve the 

October 15, 2020, SIP revision as 

meeting the emissions statement 

requirements of section 182(a)(3)(B) of 

the CAA and EPA’s SIP Requirements 

Rule.5 See 87 FR 10998. The February 

28, 2022, NPRM provides additional 

detail regarding the background and 

rationale for EPA’s action. Comments on 

the February 28, 2022, NPRM were due 

on or before March 30, 2022. EPA 

received no comments on the February 

28, 2022, NPRM. 

II. Final Action 

EPA is approving the aforementioned 

October 15, 2020, Kentucky SIP revision 

addressing the emissions statement 

requirements for the 2015 8-hour Ozone 

NAAQS for portions of Boone, 

Campbell, and Kenton Counties in the 

Cincinnati, OH-KY Area, and Bullitt and 

Oldham Counties in the Louisville, KYIN Area. EPA has determined that 

Kentucky’s SIP revision meets the 

requirements of CAA sections 110 and 

182. 

III. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

See 42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. This action merely approves 

state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), nor will it impose substantial 

direct costs on tribal governments or 

preempt tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

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

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by June 27, 2022. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 


jspears on DSK121TN23PROD with RULES1
Federal Register / Vol. 87, No. 80 / Tuesday, April 26, 2022 / Rules and Regulations 24431 

extend the time within which a petition 

for judicial review may be filed and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. See section 

307(b)(2). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: April 19, 2022. 

Daniel Blackman, 

Regional Administrator, Region 4. 

For the reasons stated in the 

preamble, the EPA amends 40 CFR part 

52 as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart S—Kentucky 

■ 2. In § 52.920(e), amend the table by 

adding a new entry for ‘‘Emissions 

Statement Requirements for the 2015 

Ozone 8-hour NAAQS’’ at the end of the 

table. 

The addition reads as follows: 

§ 52.920 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED KENTUCKY NON-REGULATORY PROVISIONS

Name of non-regulatory SIP 

provision 

Applicable geographic or nonattainment 

area 

State submittal 

date/effective 

date 

EPA approval date Explanations 

*******

Emissions Statement Requirements for the 2015 8- 

hour Ozone NAAQS.

Boone, Campbell, and Kenton Counties 

(partial) in Kentucky portion of Cincinnati, 

OH-KY Area, and Bullitt and Oldham 

Counties (entire) in Kentucky portion of 

Louisville, KY-IN Area.

10/15/2020 4/26/2022, [Insert citation of 

publication]. 

[FR Doc. 2022–08867 Filed 4–25–22; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Parts 371 and 375 

[Docket No. FMCSA–2020–0205] 

RIN 2126–AC35 

Implementation of Household Goods 

Working Group Recommendations 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: FMCSA amends the 

Transportation of Household Goods 

regulations to incorporate 

recommendations from the Household 

Goods Consumer Protection Working 

Group (Working Group) contained in 

the Recommendations to the U.S. 

Department of Transportation to 

Improve Household Goods Consumer 

Education, Simplify and Reduce 

Paperwork, and Condense FMCSA 

Publication ESA 03005 

(Recommendations Report). The Agency 

amends the regulations to reflect those 

aspects of the Recommendations Report 

which require a rulemaking to 

implement and are within the Agency’s 

authority. The Agency is also making 

additional minor changes to the 

Transportation of Household Goods 

regulations and the Brokers of Property 

regulations which are intended to 

increase clarity and consistency. The 

updates will result in an aggregate 

reduction in costs for household goods 

motor carriers and provide clarity for 

individual shippers. 

DATES: This final rule is effective June 

27, 2022. 

The guidance documents published at 

76 FR 50537, Aug. 15, 2011, and 78 FR 

25782, May 2, 2013, are rescinded as of 

June 27, 2022. 

Comments on the information 

collection must be received on or before 

May 26, 2022. 

Petitions for Reconsideration of this 

final rule must be submitted to the 

FMCSA Administrator no later than 

May 26, 2022. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Monique Riddick, Commercial 

Enforcement Division, Office of Safety, 

FMCSA, 1200 New Jersey Avenue SE, 

Washington, DC 20590–0001; (202) 366– 

0073; Monique.riddick@dot.gov. 

SUPPLEMENTARY INFORMATION: This final 

rule is organized as follows: 

I. Availability of Rulemaking Documents 

II. Comments on the Information Collection 

III. Executive Summary 

A. Purpose of the Amendments 

B. Summary of the Major Provisions 

C. Costs and Benefits 

IV. Abbreviations 

V. Legal Basis 

VI. Discussion of Proposed Rulemaking and 

Comments 

VII. Changes from the NPRM 

VIII. Section-by-Section Analysis 

IX. Regulatory Analyses 

A. E.O. 12866 (Regulatory Planning and 

Review), E.O. 13563 (Improving 

Regulation and Regulatory Review), and 

DOT Regulatory Policies and Procedures 

B. Congressional Review Act 

C. Regulatory Flexibility Act (Small 

Entities) 

D. Assistance for Small Entities 

E. Unfunded Mandates Reform Act of 1995 

F. Paperwork Reduction Act 

G. E.O. 13132 (Federalism) 

H. Privacy 

I. E.O. 13175 (Indian Tribal Governments) 

J. National Environmental Policy Act of 

1969 

I. Availability of Rulemaking 

Documents 

To view any documents mentioned as 

being available in the docket, go to 

https://www.regulations.gov/docket/ 

FMCSA-2020-0205/document and 

choose the document to review. To view 

comments, click this final rule, then 

click ‘‘Browse Comments.’’ If you do not 

have access to the internet, you may 

view the docket online by visiting 

Dockets Operations at U.S. Department 

of Transportation, Room W12–140, 1200 

New Jersey Avenue SE, Washington, DC 

20590–0001, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. To be sure someone is there to 

help you, please call (202) 366–9317 or 

(202) 366–9826 before visiting Dockets 

Operations. 


jspears on DSK121TN23PROD with RULES1