26124 Federal Register / Vol. 87, No. 85 / Tuesday, May 3, 2022 / Rules and Regulations 

that is likely to occur during fueling. 

The maximum surge pressure must be 

established with any combination of 

tank valves being either intentionally or 

inadvertently closed. 

Section 29.979(d) requires the 

rotorcraft defueling system (not 

including fuel tanks and fuel tank vents) 

to withstand an ultimate load that is 2.0 

times the load arising from the 

maximum permissible defueling 

pressure (positive or negative) at the 

rotorcraft fueling connection. The 

design by RHC does not include 

defueling capability. 

These special conditions contain the 

additional safety standards that the 

Administrator considers necessary to 

establish a level of safety equivalent to 

that established by the existing 

airworthiness standards. 

Discussion of Comments 

The FAA issued Notice of Proposed 

Special Conditions No. 27–21–01–SC 

for the RHS Model R66 helicopter, 

which published in the Federal Register 

on February 4, 2022 (87 FR 6437). The 

FAA received two comments from 

individuals in support of these special 

conditions. 

Applicability 

As discussed above, these special 

conditions are applicable to the RHC 

Model R66 helicopter. Should RHC 

apply at a later date for a change to the 

type certificate to include another 

model incorporating the same novel or 

unusual design feature, these special 

conditions would apply to that model as 

well. 

Conclusion 

This action affects only a certain 

novel or unusual design feature on one 

model of helicopter. It is not a rule of 

general applicability. 

List of Subjects in 14 CFR Part 27 

Aircraft, Aviation safety, Reporting 

and recordkeeping requirements. 

Authority Citation 

The authority citation for these 

special conditions is as follows: 

Authority: 49 U.S.C. 106(f), 106(g), 40113, 

44701, 44702, 44704. 

The Special Conditions 

D Accordingly, pursuant to the 

authority delegated to me by the 

Administrator, the following special 

conditions are issued as part of the type 

certification basis for Robinson 

Helicopter Company Model R66 

helicopters. 

The pressure refueling system must be 

designed and installed as follows: 

(a) Each fueling connection below the 

fuel level in each tank must have the 

means to prevent the escape of 

hazardous quantities of fuel from that 

tank in case of malfunction of the fuel 

entry valve. 

(b) For systems intended for pressure 

refueling, a means in addition to the 

normal means for limiting the tank 

content must be installed to prevent 

damage to the fuel tank in case of failure 

of the normal means. 

(c) The rotorcraft pressure fueling 

system (not fuel tanks and fuel tank 

vents) must withstand an ultimate load 

that is 2.0 times the load arising from 

maximum pressure, including a surge, 

that is likely to occur during fueling. 

The maximum surge pressure must be 

established with any combination of 

tank valves being either intentionally or 

inadvertently closed. 

Issued in Kansas City, Missouri, on April 

27, 2022. 

Patrick R. Mullen, 

Manager, Technical Innovation Policy 

Branch, Policy and Innovation Division, 

Aircraft Certification Service. 

[FR Doc. 2022–09425 Filed 5–2–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 3 

RIN 2900–AR46 

Inclusion of the Space Force as Part of 

the Armed Forces 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) is issuing this final rule to 

amend its adjudication regulations to 

implement the mandates of section 926 

of the William M. (Mac) Thornberry 

National Defense Authorization Act 

(NDAA) for Fiscal Year (FY) 2021, 

which authorized VA to furnish benefits 

based on Space Force service. 

DATES: Effective Date: This rule is 

effective May 3, 2022. 

FOR FURTHER INFORMATION CONTACT: Jane 

Allen, Policy Analyst, Part 3 

Regulations Staff (211), Compensation 

Service (21C), 810 Vermont Avenue 

NW, Washington, DC 20420, (202) 461– 

9602. (This is not a toll-free telephone 

number.) Robert Parks, Chief, Part 3 

Regulations Staff (211), Compensation 

Service (21C), 810 Vermont Avenue 

NW, Washington, DC 20420, (202) 461– 

9700. (This is not a toll-free telephone 

number.) 

SUPPLEMENTARY INFORMATION: On 

December 20, 2019, Congress enacted 

the ‘‘United States Space Force Act’’ 

(USSFA), which established the ‘‘United 

States Space Force as an armed force 

within the Department of the Air 

Force.’’ USSFA, Public Law 116–92, 

sections 951–952, 133 Stat 1198, 1561– 

62 (2019). Subsequently, Congress 

expanded the definition of ‘‘veteran’’ 

and made other amendments to title 38 

to require VA to furnish benefits and 

services on the basis of service in the 

Space Force. William M. (Mac) 

Thornberry NDAA for FY 2021, Public 

Law 116–283, section 926, 134 Stat. 

3388, 3829 (2021). To implement these 

changes, VA is amending 38 CFR part 3 

to add the words ‘‘Space Force’’ in 

various sections that list the branches of 

the U.S. Armed Forces and to add 

reference to ‘‘space service’’ in 

references to ‘‘active military, naval, or 

air service.’’ VA is also amending 38 

CFR 3.1(g)(3) to add the USSF as 

operating under the direction of the 

Secretary of the Air Force. 

Administrative Procedure Act 

The Secretary of Veterans Affairs 

finds that there is good cause under the 

Administrative Procedure Act (APA) to 

publish this rule without prior 

opportunity for public comment and 

with an immediate effective date. 

Pursuant to 5 U.S.C. 553(b)(B), general 

notice and opportunity for public 

comment are not required with respect 

to a rulemaking when an ‘‘agency for 

good cause finds (and incorporates the 

finding and a brief statement of reasons 

therefor in the rules issued) that notice 

and public procedure thereon are 

impracticable, unnecessary, or contrary 

to the public interest.’’ The Secretary 

finds that it is unnecessary to delay 

issuance of this rule for the purpose of 

soliciting prior public comment. Where 

Congress has left a gap in a statute for 

an agency to fill, requiring notice and 

comment rulemaking secures public 

input and ‘‘ ‘promote[s] accountability 

among decisionmakers.’ ’’ Himes v. 

Sullivan, 779 F. Supp. 258, 270 

(W.D.N.Y. 1991) (quoting Cal. Ass’n. of 

Bioanalysts v. Rank, 577 F. Supp. 1342, 

1348 (C.D. Cal. 1983)), aff’d by 956 F.2d 

1159 (2d Cir. 1992). However, 

‘‘ ‘[c]hanges mandated by a legislature 

have already gone through a public 

process, and, as a result, the objectives 

of the notice requirements . . . already 

have been satisfied in the legislative 

process.’ ’’ Id. (quotation and citation 

omitted). This rulemaking presents the 

latter situation. By statute, Congress has 

required VA to furnish benefits on the 

basis of space service. VA does not have 

any discretion to deny benefits on the 


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Federal Register / Vol. 87, No. 85 / Tuesday, May 3, 2022 / Rules and Regulations 26125 

basis that the claim is predicated on 

‘‘space service’’ rather than ‘‘military, 

naval, or air service.’’ See Cushman v. 

Shinseki, 576 F.3d 1290, 1298 (Fed. Cir. 

2009) (‘‘Veteran’s disability benefits are 

nondiscretionary, statutorily mandated 

benefits.’’). VA’s authority is limited to 

implementing the statutes as enacted by 

Congress. Therefore, additional public 

comment would be superfluous. See 

Rank, 577 F. Supp. at 1348. In addition, 

as this amendment solely identifies the 

USSF as a branch of the U.S. Armed 

Forces and expands regulatory 

references of ‘‘active military, naval, or 

air service’’ to include ‘‘space service,’’ 

there is little or no room for substantive 

changes to the rule based on public 

comment. 

The APA also requires a 30-day 

delayed effective date, except for ‘‘(1) a 

substantive rule which grants or 

recognizes an exemption or relieves a 

restriction; (2) interpretative rules and 

statements of policy; or (3) as otherwise 

provided by the agency for good cause 

found and published with the rule.’’ 5 

U.S.C. 553(d). For the reasons stated 

above, the Secretary finds that there is 

also good cause for this rule to be 

effective immediately upon publication. 

Any delay in implementation would be 

unnecessary for purposes of 5 U.S.C. 

553(d)(3). 

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 Regulatory Flexibility Act, 5 

U.S.C. 601–612, is not applicable to this 

rulemaking because notice of proposed 

rulemaking is not required. 5 U.S.C. 

601(2), 603(a), 604(a). 

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). 

Congressional Review Act 

Pursuant to the Congressional Review 

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

Information and Regulatory Affairs has 

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, 

Health care, Pensions, Veterans. 

Signing Authority 

Denis McDonough, Secretary of 

Veterans Affairs, approved this 

document on April 27, 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, 

Regulations Development Coordinator, 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 part 3, 

subpart A continues to read as follows: 

Authority: 38 U.S.C. 501, unless otherwise 

noted. 

§ 3.1 [Amended] 

■ 2. Amend § 3.1 as follows: 

■ a. Add ‘‘Space Force,’’ after ‘‘Air 

Force,’’ in paragraphs (a) and (b); 

■ b. Remove ‘‘or air service’’ and add in 

its place ‘‘air, or space service’’ in 

paragraph (d) introductory text; 

■ c. Remove ‘‘or air service’’ and add in 

its place ‘‘, air, or space service’’ in 

paragraph (d)(2); 

■ d. Remove ‘‘or air service’’ and add in 

its place ‘‘, air, or space service’’ in 

paragraph (e); 

■ e. Add ‘‘or the Space Force’’ after 

‘‘concerning the Air Force’’ in paragraph 

(g)(3); 

■ f. Remove ‘‘or air service’’ and add in 

its place ‘‘air, or space service’’ in 

paragraph (h); 

■ g. Remove ‘‘or air service’’ and add in 

its place ‘‘air, or space service’’ in 

paragraphs (k), (l), and (m) introductory 

text; 

■ h. Remove ‘‘or air service’’ and add in 

its place ‘‘, air, or space service’’ in 

paragraph (y) introductory text. 

§ 3.3 [Amended] 

■ 3. Amend § 3.3 by removing ‘‘or air 

service’’ each place it appears and 

adding in each place ‘‘, air, or space 

service’’ in paragraphs (a)(3)(i) through 

(iv). 

§ 3.6 [Amended] 

■ 4. Amend § 3.6 by removing ‘‘and air 

service’’ and adding in its place ‘‘air, or 

space service’’ in the paragraph (a) 

heading. 

§ 3.7 [Amended] 

■ 5. Amend § 3.7 by removing ‘‘or air 

service’’ and adding in its place ‘‘air, or 

space service’’ in the section heading, 

the introductory text, and paragraph 

(o)(1)(i). 

§ 3.12 [Amended] 

■ 6. Amend § 3.12 by removing ‘‘or air 

service’’ and adding in its place ‘‘, air, 

or space service’’ in paragraph (g)(2). 

§ 3.13 [Amended] 

■ 7. Amend § 3.13 by removing ‘‘or air 

service’’ and adding in its place ‘‘, air, 

or space service’’ in paragraphs (c) 

introductory text and (c)(1). 

§ 3.159 [Amended] 

■ 8. Amend § 3.159 by removing ‘‘or air 

service’’ and adding in its place ‘‘, air, 

or space service’’ in paragraph (c)(3). 

§ 3.301 [Amended] 

■ 9. Amend § 3.301 by removing ‘‘or air 

service’’ and adding in its place ‘‘air, or 

space service’’ in paragraph (d). 

§ 3.306 [Amended] 

■ 10. Amend § 3.306 by removing ‘‘or 

air service’’ and adding in its place ‘‘air, 

or space service’’ in paragraph (a). 

§ 3.309 [Amended] 

■ 11. Amend § 3.309 by removing ‘‘or 

air service’’ and adding in its place ‘‘air, 


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26126 Federal Register / Vol. 87, No. 85 / Tuesday, May 3, 2022 / Rules and Regulations 

or space service’’ in paragraphs (c)(1) 

introductory text and (c)(2)(ii) 

introductory text. 

§ 3.318 [Amended] 

■ 12. Amend § 3.318 by removing ‘‘or 

air service’’ and adding in its place ‘‘air, 

or space service’’ in paragraph (a). 

§ 3.807 [Amended] 

■ 13. Amend § 3.807 by removing ‘‘or 

air service’’ and adding in its place ‘‘air, 

or space service’’ in paragraphs (a)(5)(ii) 

and (b). 

§ 3.808 [Amended] 

■ 14. Amend § 3.808 by removing ‘‘or 

air service’’ and adding in its place ‘‘air, 

or space service’’ in paragraph (a)(2). 

§ 3.809 [Amended] 

■ 15. Amend § 3.809 by removing ‘‘or 

air service’’ and adding in its place ‘‘air, 

or space service’’ in paragraph (a). 

§ 3.809a [Amended] 

■ 16. Amend § 3.809a by removing ‘‘or 

air service’’ and adding in its place ‘‘air, 

or space service’’ in paragraph (b). 

§ 3.903 [Amended] 

■ 17. Amend § 3.903 by removing ‘‘or 

air service’’ and adding in its place ‘‘air, 

or space service’’ in paragraph (b)(1). 

§ 3.1701 [Amended] 

■ 18. Amend § 3.1701 by removing ‘‘or 

air service’’ and adding in its place ‘‘air, 

or space service.’’ 

[FR Doc. 2022–09481 Filed 5–2–22; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 194 

[EPA–HQ–OAR–2019–0534; FRL–9737–01– 

OAR] 

Criteria for the Certification and 

Recertification of the Waste Isolation 

Pilot Plant’s Compliance With the 

Disposal Regulations: Recertification 

Decision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notification of recertification 

decision. 

SUMMARY: The Environmental Protection 

Agency (EPA or the Agency) recertifies 

that the U.S. Department of Energy’s 

(DOE or the Department) Waste 

Isolation Pilot Plant (WIPP) continues to 

comply with the final disposal 

regulations, known as the 

‘‘Environmental Standards for the 

Management and Disposal of Spent 

Nuclear Fuel, High-Level and 

Transuranic Radioactive Waste.’’ This is 

the fourth periodic evaluation of the 

WIPP’s continued compliance with the 

disposal regulations and WIPP 

Compliance Criteria. The WIPP 

Compliance Criteria implement and 

interpret the disposal regulations 

specifically for the WIPP. This 

recertification process is required every 

five years. This recertification decision 

is based on a thorough review of 

information submitted by DOE, 

independent technical analyses and 

public comments. The Agency has 

determined that DOE continues to meet 

all applicable requirements of the final 

disposal regulations and the WIPP 

Compliance Criteria and recertifies the 

WIPP facility. EPA has also identified 

areas in which the DOE’s technical 

analyses and justifications could be 

improved for the next recertification 

application. 

DATES: May 3, 2022. 

FOR FURTHER INFORMATION CONTACT: Ray 

Lee, Radiation Protection Division, Mail 

Code 6608T, U.S. Environmental 

Protection Agency, 1200 Pennsylvania 

Avenue, Washington, DC, 20460; 

telephone number: 202–343–9463; 

email address: lee.raymond@epa.gov. 

Copies of the Compliance Application 

Review Documents (CARDs) supporting 

this action and all other recertificationrelated documentation can be found in 

the Agency’s electronic docket found at 

https://www.regulations.gov (Docket ID 

No. EPA–HQ–OAR–2019–0534). 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. General Information 

II. What is the WIPP? 

III. Compliance Certification History 

A. 1998 Certification Decision 

B. Previous Recertification Decisions 

IV. WIPP Compliance With Radioactive 

Waste Disposal Regulations and the 

WIPP Compliance Criteria 

A. How does EPA ensure ongoing 

compliance with the WIPP compliance 

criteria? 

B. Compliance Certification Conditions 

1. Panel Closure System 

2. Quality Assurance 

3. Waste Characterization 

4. Passive Institutional Controls 

V. The 2019 CRA 

A. DOE’s 2019 CRA 

B. EPA Evaluation of the 2019 CRA 

C. EPA’s 2019 Recertification Decision 

VI. EPA’s Technical Review 

A. Performance Assessment and EPA 

Standards 

B. Status of EPA Identified Areas for 

Improvement From the 2017 

Recertification Decision 

1. Plutonium Oxidation States 

2. Geochemistry Database 

3. Microbial Colloids 

4. Creep Closure of Open Areas 

C. Changes to the Disposal System 

Identified by DOE for CRA–2019 

1. Abandonment of Panel Closures and 

Waste Panel 9 

2. Updated Plugging Patterns and Borehole 

Drilling Rates 

3. Radionuclide Solubilities 

4. Revised Colloid Parameters 

5. Inclusion of Brine Radiolysis in the Gas 

Generation Model 

D. Other Issues Identified by EPA During 

Review 

1. Geochemistry Database 

2. Initial Assumptions for Solubility 

Calculations 

3. Actinide Solubility Uncertainty 

E. EPA Sensitivity Studies 

1. Sensitivity to Creep Closure of Empty 

Rooms (CRA19_COMP Analysis) 

2. Sensitivity to Borehole Plugging 

Frequency (PLG_PROB Analysis) 

3. Sensitivity to Actinide Solubility 

(GCHM_S0 Analysis) 

4. Sensitivity to Actinide Solubility and 

Colloid Parameters (GCHM_S2 Analysis) 

5. Sensitivity to Actinide Solubility, 

Colloid Parameters, and Actinide 

Oxidation State (GCHM_S3 Analysis) 

6. Sensitivity to Combined Geotechnical 

and Geochemical Parameter Changes 

(CRA19_COMB Analysis) 

F. Waste Characterization 

G. Peer Review 

H. Individual and Groundwater Protection 

Requirements 

VII. What is EPA’s role in future WIPP 

activities? 

Abbreviations 

Am Americium 

APCS Abandonment of Panel Closures in 

the South 

CARD Compliance Application Review 

Document 

CCA Compliance Certification Application 

CFR Code of Federal Regulations 

CRA Compliance Recertification 

Application 

DOE U.S. Department of Energy 

EPA U.S. Environmental Protection Agency 

FR Federal Register 

KPLA Known Potash Leasing Area 

LWA Land Withdrawal Act 

OAR Office of Air and Radiation 

Pa Pascal 

PA Performance Assessment 

Pu Plutonium 

TRU Transuranic 

TSD Technical Support Document 

WIPP Waste Isolation Pilot Plant 

I. General Information 

How can I get copies of this document 

and other related information? 

EPA has established a docket for this 

action under Docket ID No. EPA–HQ– 

OAR–2019–0534. Publicly available 

docket materials are available either 

electronically at https://

www.regulations.gov or in hard copy at 

the Air and Radiation Docket in the EPA 

Docket Center, (EPA/DC) EPA West, 


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