Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Rules and Regulations 49121 

Assessment of Educational Impact 

Based on our own review, we have 

determined that these final regulations 

do not require transmission of 

information that any other agency or 

authority of the United States gathers or 

makes available. 

Accessible Format: Individuals with 

disabilities may obtain this document in 

an accessible format (e.g., braille, large 

print, audiotape, or compact disc) on 

request to the contact person listed 

under FOR FURTHER INFORMATION

CONTACT. 

Electronic Access to this Document: 

The official version of this document is 

the document published in the Federal 

Register. Free Internet access to the 

official edition of the Federal Register 

and the Code of Federal Regulations is 

available via the Federal Digital System 

at: www.gpo.gov/fdsys. At this site, you 

can view this document, as well as all 

other documents of this Department 

published in the Federal Register, in 

text or PDF. To use PDF, you must have 

Adobe Acrobat Reader, which is 

available free at the site. 

You may also access documents of the 

Department published in the Federal 

Register by using the article search 

feature at: www.Federal Register.gov. 

Specifically, through the advanced 

search feature at this site, you can limit 

your search to documents published by 

the Department. 

List of Subjects 

34 CFR Part 668 

Administrative practice and 

procedure, Colleges and universities, 

Consumer protection, Grant programs— 

education, Loan programs—education, 

Reporting and recordkeeping 

requirements, Selective Service System, 

Student aid, Vocational education. 

34 CFR Part 674 

Loan programs—education, Reporting 

and recordkeeping requirements, 

Student aid. 

34 CFR Parts 682 and 685 

Administrative practice and 

procedure, Colleges and universities, 

Loan programs—education, Reporting 

and recordkeeping requirements, 

Student aid, Vocational education. 

Dated: October 16, 2017. 

Betsy DeVos, 

Secretary of Education. 

[FR Doc. 2017–22851 Filed 10–20–17; 4:15 pm] 

BILLING CODE 4000–01–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 3 

RIN 2900–AP84 

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) is issuing this final rule to 

affirm 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 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. The intended effect of 

this amendment is to provide 

consistency in VA adjudication policy, 

preserve certain rights afforded to 

Persian Gulf War (GW) veterans, and 

ensure fairness for current and future 

GW veterans. 

DATES: This final rule is effective 

October 24, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Janel Keyes, Policy Analyst, Regulations 

Staff (211D), Compensation Service, 

Veterans Benefits Administration, 810 

Vermont Avenue NW., Washington, DC 

20420, Janel.Keyes@va.gov, (202) 461– 

9700. (This is not a toll-free telephone 

number.) 

SUPPLEMENTARY INFORMATION: On 

October 17, 2016, VA published in the 

Federal Register an interim final rule 

(81 FR 71382) amending its adjudication 

regulation regarding compensation for 

disabilities suffered by veterans who 

served in the Southwest Asia Theater of 

Operations during the GW. In order to 

ensure that benefits established by 

Congress are fairly administered, VA 

extended the evaluation period in 

which disabilities associated with 

undiagnosed illnesses and chronic 

multi-symptom illnesses must become 

manifest in order for a veteran to be 

eligible for compensation. Accordingly, 

VA removed the date, December 31, 

2016, from 38 CFR 3.317(a)(1)(i) and 

added, in its place, December 31, 2021. 

VA invited interested persons to 

submit written comments on or before 

December 16, 2016. VA received 22 

comments in response to the interim 

final rule. VA received comments from 

military service members, veterans, 

family members, and one veteran 

service organization, which was 

Veterans of Foreign Wars. Some 

comments addressed more than one 

issue. In those instances, VA reviewed 

and considered each issue 

independently. VA also grouped 

together by similar topic all of the issues 

raised by the commenters that 

concerned at least one portion of the 

rule. VA organized the responses to the 

comments by topic. VA responds to all 

commenters as follows. 

I. Supportive 

VA received five comments 

expressing support for the extension. 

One commenter provided personal 

testimony as a GW veteran that his 

symptoms had a delayed-onset; 

therefore, an extension was appropriate 

and justified. Another commenter 

provided personal testimony as a spouse 

of a GW veteran stating that her 

husband’s symptoms have ‘‘steadily 

gotten worse over the years’’. VA 

appreciates the feedback and support. 

VA makes no change based on these 

comments. 

II. Elimination of Expiration Date 

The majority of commenters, some of 

whom thanked VA for the extension, 

asserted that VA should eliminate the 

expiration date. One commenter stated, 

‘‘I think that the deadline for [GW] 

presumptive claims should be totally 

taken away since there is still not an 

official end to the [GW] and we do not 

know when there will be one.’’ Another 

stated, ‘‘It took about 5 years after 

getting out to see a pattern of illness and 

at a level to make me concerned. It took 

even longer to see and feel the full 

extent of my conditions.’’ Additionally, 

Veterans of Foreign Wars requested an 

open-ended presumptive period 

‘‘without an artificial time limit’’. 

VA makes no change based on these 

comments. Section 102(7) of the Persian 

Gulf War Veterans’ Benefits Act, Title I 

of the Veterans’ Benefits Improvement 

Act of 1994, Public Law 103–446, states 

Congress’ finding that further research 

must be undertaken to determine the 

causes of GW veterans’ illnesses and 

that 

pending the outcome of such research, 

veterans who are seriously ill as the result of 

such illnesses should be given the benefit of 

the doubt and be provided compensation to 

offset the impairment in earning capacities 

they may be experiencing. 

Hence, Congress contemplated an 

ongoing process for investigating the 

nature and causes of GW veterans’ 

illnesses that is reflected in the current 

statutory and regulatory scheme. See 38 

U.S.C. 1117 and 38 CFR 3.317. 


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49122 Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Rules and Regulations 

In section 1117(b), Congress provided 

the Secretary with discretion to 

prescribe a presumptive period based 

upon, among other things, a review of 

credible medical or scientific evidence. 

As stated in the interim final rule, there 

is a lack of scientific certainty 

surrounding the cause of illnesses 

suffered by GW veterans. Accordingly, 

VA believes that extending the 

presumptive period for a significant, but 

not indefinite, period to permit further 

investigation is consistent with the goals 

of this statutory scheme. Thus, the 

Secretary is exercising his discretion 

under section 1117 and extending the 

presumptive period to December 31, 

2021, in order to provide more time for 

scientific and medical research 

regarding diseases and illnesses that 

may be related to service in the 

Southwest Asia Theater of Operations. 

One commenter expressed concern 

about how the expiration date may be 

perceived as inconsistent with the 

important missions of the VA War 

Related Illness and Injury Study Center 

(WRIISC) and the Department of 

Defense Gulf War Illness Research 

Program (GWIRP). The WRIISC 

develops and provides post-deployment 

health expertise to veterans and their 

health care providers through clinical 

care, research, education, and risk 

communication. The GWIRP focuses on 

funding innovative, competitively peerreviewed research to provide a better 

understanding of the pathobiology 

underlying GW illness and to improve 

methods of diagnosis and treatment. 

Extending the manifestation period for 

purposes of compensation to December 

31, 2021, would have no negative 

impact on the missions of WRIISC or 

GWIRP. As we noted above, continuing 

research while also setting an ending 

date for the presumptive period is fully 

consistent with Congress’s intent to 

compensate veterans who are seriously 

ill but where more research is needed to 

understand the nature and cause of the 

illnesses. We note that this final rule 

does not foreclose further extensions of 

the presumptive period in the future if 

more time is needed for research beyond 

the currently prescribed expiration date. 

III. Longer Extension 

One commenter advocated for a 

longer extension period. This 

commenter stated, ‘‘I think it would be 

a mistake to close enrollment so soon.’’ 

He further stated that some GW veterans 

might be in the beginning stages of 

illnesses, while others have been 

‘‘suffering symptoms in silence’’. 

However, the commenter did not 

suggest a different date. The three 

previously established extensions, 

implemented by VA for medically 

unexplained chronic multi-symptom 

illnesses and undiagnosed illnesses that 

appeared in GW veterans, were 5-year 

periods. VA determined that it was 

appropriate to extend the period again 

by 5 years consistent with the 

extensions that have occurred in the 

past. Therefore, VA makes no change 

based on this comment. 

VA also notes that the rule does not 

‘‘close enrollment.’’ The time limit 

prescribes when the claimed illness 

must become manifest. The rule does 

not impose a limit on when a claim may 

be filed. For example, a future claimant 

will be allowed to present evidence 

showing manifestation that occurred 

within the time limit even if the claim 

is filed after the time limit has passed. 

IV. More Presumptive Conditions 

Two comments stated that VA should 

add more presumptive conditions to the 

list, but did not mention specific 

conditions. As scientific and medical 

research continues, VA will consider 

this issue for future regulatory updates. 

However, because VA regulations must 

be evidence-based in accordance with 

available scientific and medical 

research, it cannot amend the current 

list based on these comments. 

Therefore, VA makes no change to this 

rule based on these comments. 

V. More Research 

Several comments discussed the need 

for additional research. One such 

commenter discussed a study that is 

currently underway in regards to 

‘‘biomarkers associated with the 

conditions linked to service in the Gulf 

War’’ and stated, ‘‘[M]ore must be 

done.’’ Another commenter discussed 

other current studies and stated, 

‘‘[F]ollow-on research is needed to 

further develop findings.’’ VA 

recognizes the need for further 

investigation, inclusive of scientific and 

medical research. To allow time for 

further research, this rulemaking 

finalizes an extension of the period in 

which manifestations of undiagnosed 

illnesses and medically unexplained 

chronic multi-symptom illnesses must 

appear in GW veterans to be presumed 

as service-connected diseases. VA, 

therefore, makes no change based on 

these comments. 

VI. General Comments 

VA received general comments that 

were not associated with the extension 

of the period for VA to continue to 

evaluate undiagnosed illnesses and 

medically unexplained chronic multisymptom illnesses in GW veterans. One 

commenter requested VA move the 

elements of 38 CFR 3.317(c) to 38 CFR 

3.307 and 3.309. This commenter also 

expressed concerns that private 

physicians completing GW General 

Medical Disability Benefits 

Questionnaire (DBQ) examinations will 

not know that GW undiagnosed illness 

and medically unexplained chronic 

multi-symptom illness do not apply to 

Afghanistan service; he was concerned 

that they would not know that only GW 

infectious disease presumptions apply 

to Afghanistan service. VA understands 

and agrees with this concern. For this 

reason, VA does not accept DBQs from 

private doctors for initial GW 

examinations; a Veterans Health 

Administration (VHA) clinician must 

perform the initial GW examination. 

This commenter also expressed 

concerns that Afghanistan was being 

included in the definition of the 

Southwest Asia theater of operations. In 

accordance with 38 U.S.C. 1117(f), VA 

acknowledges that the term ‘‘‘Persian 

Gulf veteran’ means a veteran who 

served on active duty in the Armed 

Forces in the Southwest Asia theater of 

operations during the Persian Gulf 

War,’’ and as reflected in 38 CFR 

3.317(e)(2), ‘‘[t]he Southwest Asia 

theater of operations refers to Iraq, 

Kuwait, Saudi Arabia, the neutral zone 

between Iraq and Saudi Arabia, Bahrain, 

Qatar, the United Arab Emirates, Oman, 

the Gulf of Aden, the Gulf of Oman, the 

Persian Gulf, the Arabian Sea, the Red 

Sea, and the airspace above these 

locations.’’ As such, VA requires the 

claims processors to verify qualifying 

locations of service prior to requesting 

a GW examination. Any concerns 

unrelated to extending the date for 

manifestation of undiagnosed illness or 

medically unexplained chronic multisymptom illness are beyond the scope of 

this rulemaking. Therefore, VA makes 

no changes based on these comments. 

Another comment requested ‘‘clarity 

and consistency’’ concerning the 

definitions of GW undiagnosed illness 

and medically unexplained chronic 

multi-symptom illness. Although the 

medical community has not settled on 

standardized case definitions, VA 

applies the legal definitions of these 

conditions, which are outlined in 38 

U.S.C. 1117(a)(2) and (g). Another 

comment discussed historical events 

regarding the Agent Orange Act of 1991. 

One commenter expressed concerns 

regarding the definition of 

‘‘presumptive’’ and provided personal 

testimony. Another commenter 

expressed concerns that her children 

(parented by an affected GW veteran) 

may have been biologically affected. 

These comments are not relevant to the 


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Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Rules and Regulations 49123 

current rule amendment; therefore, VA 

makes no changes to the rule based on 

these comments. 

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. Executive Order 

12866 (Regulatory Planning and 

Review) defines a ‘‘significant 

regulatory action,’’ which requires 

review by the Office of Management and 

Budget (OMB), as ‘‘any regulatory action 

that is likely to result in a rule that may: 

(1) Have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy, a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

state, local, or tribal governments or 

communities; (2) Create a serious 

inconsistency or otherwise interfere 

with an action taken or planned by 

another agency; (3) Materially alter the 

budgetary impact of entitlements, 

grants, user fees, or loan programs or the 

rights and obligations of recipients 

thereof; or (4) Raise novel legal or policy 

issues arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in this Executive Order.’’ The 

economic, interagency, budgetary, legal, 

and policy implications of this final rule 

have been examined, and it has been 

determined not to be a significant 

regulatory action under Executive Order 

12866. 

Paperwork Reduction Act 

This final rule contains no provisions 

constituting a collection of information 

under the provisions of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). 

Regulatory Flexibility Act 

The Secretary hereby certifies that 

this 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. This rule will not 

affect any small entities. Only VA 

beneficiaries could be directly affected. 

Therefore, pursuant to 5 U.S.C. 605(b), 

this rule is exempt from the initial and 

final regulatory flexibility analysis 

requirements of sections 603 and 604. 

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 

year. This rule will have no such effect 

on State, local, and tribal governments, 

or on the private sector. 

Catalog of Federal Domestic Assistance 

The Catalog of Federal Domestic 

Assistance program number and title 

affected by this rule is 64.109, Veterans 

Compensation for Service-Connected 

Disability. 

Signing Authority 

The Secretary of Veterans Affairs, or 

designee, approved this document 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. Gina 

S. Farrisee, Deputy Chief of Staff, 

Department of Veterans Affairs, 

approved this document on September 

25, 2017, for publication. 

List of Subjects in 38 CFR Part 3 

Administrative practice and 

procedure, Claims, Disability benefits, 

Veterans 

The interim rule amending 38 CFR 

part 3, published October 17, 2016, at 81 

FR 71382, is adopted as final without 

change. 

Dated: September 25, 2017. 

Jeffrey Martin, 

Office Program Manager, Office of Regulation 

Policy & Management, Office of the Secretary, 

Department of Veterans Affairs. 

[FR Doc. 2017–22970 Filed 10–23–17; 8:45 am] 

BILLING CODE 8320–01–P 

POSTAL SERVICE 

39 CFR Part 111 

Address Quality Census Measurement 

and Assessment Process 

AGENCY: Postal ServiceTM. 

ACTION: Final rule. 

SUMMARY: The Postal Service is revising 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM®), to include a new method of 

Move Update verification and 

assessment procedure for evaluating 

address quality, the ‘‘Address Quality 

Census Measurement and Assessment 

Process.’’ This new procedure is 

applicable to mailers who enter eligible 

letter- and flat-size pieces of First-Class 

Mail® and USPS Marketing MailTM that 

meet the requirements for Basic or Full 

Service mailings. In addition, the Postal 

Service is extending no-fee Address 

Correction Service (ACSTM) to mailers 

who enter qualifying mailpieces. 

DATES: Effective January 21, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Heather Dyer, USPS Mail Entry, Phone: 

(207) 482–7217, Email: heather.l.dyer@

usps.gov. 

SUPPLEMENTARY INFORMATION: On June 

30, 2017, the Postal Service filed a 

notice of price adjustment with the 

Postal Regulatory Commission (PRC) 

seeking approval of price and 

classification changes related to the 

Address Quality Measurement and 

Assessment Process, and the extension 

of no-fee ACS to mailers who enter 

qualifying mailpieces. 

On August 23, 2017, the PRC 

approved the price and classification 

changes related to the Address Quality 

Assessment and Measurement 

Assessment Process, including the 0.5 

percent error threshold, and Move 

Update assessment charge. In addition, 

the PRC approved extending no-fee ACS 

to certain Basic automation and nonautomation mailpieces that are 

submitted by qualifying mailers. The 

prices approved by the PRC are 

available under Docket Number R2017– 

7 on the PRC’s Web site at www.prc.gov, 

and these changes will take effect on 

January 21, 2018. This final rule adopts 

the conforming changes to the DMM, 

which were previously noticed for 

public comment in a proposed rule (79 

FR 76930–76931) and two subsequent 

revisions. 

The Postal Service issued its first 

revised proposed rule on July 6, 2016 

(81 FR 43965–43971). Subsequently, on 

February 27, 2017, the Postal Service 

elected to issue a second, revised 

proposed rule (82 FR 11871–11878) in 

order to further clarify the proposal, 

more thoroughly respond to mailer 

comments, and clearly outline the ways 

in which the proposal had changed 

since the previous proposed rule. In 

response, the Postal Service received 

valuable feedback from the mailing 

industry. Although the substance of the 

Address Quality Census Measurement 

and Assessment Process has not 

changed since the proposed rule of 

February 27, 2017, the Postal Service 

has buttressed the level of detail 


pmangrum on DSK3GDR082PROD with RULES