Rule2023-04514
Updating Presumptive Radiation Locations Based on the PACT Act
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 13, 2023
Effective
March 13, 2023
Issuing agencies
Veterans Affairs Department
Abstract
The Department of Veterans Affairs (VA) is issuing this final rule to amend its adjudication regulations to add more presumptive exposure locations for radiation, as legislated in the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022 (the PACT Act). The PACT Act expands and extends eligibility for VA benefits for Veterans with toxic exposures, and Sections 401 and 402 specifically ease the evidentiary burden for Veterans who file claims with VA based on radiation exposure in certain locations. This final rule chronicles those sections of the PACT Act in VA regulations.
Full Text
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<title>Federal Register, Volume 88 Issue 48 (Monday, March 13, 2023)</title>
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[Federal Register Volume 88, Number 48 (Monday, March 13, 2023)]
[Rules and Regulations]
[Pages 15277-15278]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04514]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 3
RIN 2900-AR74
Updating Presumptive Radiation Locations Based on the PACT Act
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: The Department of Veterans Affairs (VA) is issuing this final
rule to amend its adjudication regulations to add more presumptive
exposure locations for radiation, as legislated in the Sergeant First
Class Heath Robinson Honoring our Promise to Address Comprehensive
Toxics Act of 2022 (the PACT Act). The PACT Act expands and extends
eligibility for VA benefits for Veterans with toxic exposures, and
Sections 401 and 402 specifically ease the evidentiary burden for
Veterans who file claims with VA based on radiation exposure in certain
locations. This final rule chronicles those sections of the PACT Act in
VA regulations.
DATES: This final rule is effective March 13, 2023.
Applicability Date: This final rule merely restates, in VA
regulations, provisions of the PACT Act that took effect on August 10,
2022. Pursuant to that statutory authority, the provisions restated in
this final rule shall apply to all applications for benefits received
by VA on or after August 10, 2022 or that were pending before VA, the
United States Court of Appeals for Veterans Claims, or the United
States Court of Appeals for the Federal Circuit on August 10, 2022.
FOR FURTHER INFORMATION CONTACT: Bryant Coleman, Regulations Analyst;
Robert Parks, Chief, 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:
I. PACT Act Background
On August 10, 2022, President Biden signed into law the PACT Act,
Public Law 117-168, to improve access to VA benefits for Veterans who
were exposed to toxic substances during military service. Specifically,
the PACT Act expands and extends eligibility for VA benefits for
Veterans with certain toxic exposures. Based on the PACT Act, the
following regulations will be updated.
II. Changes Based on Section 401
Section 401 of the PACT Act amends 38 U.S.C. 1112(c)(3)(B) by
adding a new clause (v), which adds the cleanup of Enewetak Atoll
during the period beginning on January 1,1977, and ending on December
31,1980, as a radiation-risk activity. To that effect, VA will add 38
CFR 3.309(d)(3)(ii)(F) to cover the Veterans who participated in
cleanup of Enewetak Atoll during this period as radiation exposed
Veterans for purposes of presumptions of service connection of certain
disabilities by VA. This addition makes VA regulation consistent with
38 U.S.C. 1112(c)(3)(B)(v).
III. Changes Based on Section 402
Section 402 of the PACT Act amends 38 U.S.C. 1112(c)(3)(B) by
adding a new clause (vi), which adds participation in nuclear response
efforts in the vicinity of Palomares, Spain, during the period
beginning January 17,1966, and ending March 31,1967, as a radiation-
risk activity. To that effect, VA will add 38 CFR 3.309(d)(3)(ii)(G) to
cover Veterans who participated in this nuclear response near
Palomares, Spain, during this period as radiation exposed Veterans for
purposes of presumptions of service connection of certain disabilities
by VA. This addition makes VA regulation consistent with 38 U.S.C.
1112(c)(3)(B)(vi).
Additionally, Section 402 of the PACT Act adds a new clause (vii)
to 38 U.S.C. 1112(c)(3)(B), which adds participation in nuclear
response efforts in the vicinity of Thule Air Force Base, Greenland,
during the period beginning January 21, 1968, and ending September 25,
1968, as a radiation-risk activity. To that effect, VA will add 38 CFR
3.309(d)(3)(ii)(H) to cover Veterans who participated in this nuclear
response near Thule Air Force Base, Greenland, during this period as
radiation exposed Veterans for purposes of presumptions of service
connection of certain disabilities by VA. This addition makes VA
regulation consistent with 38 U.S.C. 1112(c)(3)(B)(vii).
Administrative Procedure Act
Because this rule merely restates statutory text enacted by
Congress, the Administrative Procedure Act's requirements of notice and
an opportunity for public comment, and of a delayed effective date, do
not apply. See 5 U.S.C. 553(b)(A); id. 553(d)(2). To the extent that
notice and comment and a delayed effective date would otherwise be
required, the Secretary of Veterans Affairs finds 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 with an immediate
effective date. Pursuant to 5 U.S.C. 553(b)(B), notice and opportunity
for public comment are not required with respect to a rulemaking when
an agency finds good cause that notice and public procedure thereon are
impracticable, unnecessary, or contrary to the public interest. Because
this rule is limited to incorporating text already enacted by Congress,
without change or addition, advance notice and public comment beyond
that provided in the legislation itself is unnecessary. Similarly,
because this rule merely chronicles in regulation what is already law,
there is good cause for the rule to be effective immediately. 5 U.S.C.
553(d)(3).
Executive Orders 12866 and 13563
Executive Orders (E.O.) 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). E.O. 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 a significant regulatory action under E.O. 12866. The
Regulatory Impact Analysis associated with this rulemaking can be found
as a supporting document at <a href="http://www.regulations.gov">www.regulations.gov</a>.
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
Although this final rule contains collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521), there are no
provisions associated with this
[[Page 15278]]
rulemaking constituting any new collection of information or any
revisions to the existing collection of information. Specifically, the
information collection requirements associated with this final rule are
related to the filing of disability benefits claims (VA Form 21-526EZ)
as well as Disability Benefits Questionnaires (DBQs) (Groups 3 and 4)
which enable claimants to gather the necessary information from
treating physicians as to the current symptoms and severity of a
disability. The collection of information for 38 CFR 3.309(d)(3)(ii) is
currently approved by Office of Management and Budget (OMB) and has
been assigned OMB control number 2900-0747.
Assistance Listing
The Assistance Listing numbers and titles for this rule are 64.101,
Burial Expenses Allowance for Veterans; 64.105, Pension to Veterans,
Surviving Spouses, and Children; 64.109, Veterans Compensation for
Service-Connected Disability; and 64.110, Veterans Dependency and
Indemnity Compensation for Service-Connected Death.
Congressional Review Act
Pursuant to Subtitle E of the Small Business Regulatory Enforcement
Fairness Act of 1996 (known as 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
Claims, disability benefits, health care, pensions, radioactive
materials, Veterans, Vietnam.
Signing Authority
Denis McDonough, Secretary of Veterans Affairs, approved this
document on January 23, 2023, 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.
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
0
1. The authority citation for subpart A continues to read as follows:
Authority: 38 U.S.C. 501(a), unless otherwise noted.
0
2. Amend Sec. 3.309 by adding paragraphs (d)(3)(ii)(F) through (H) to
read as follows:
Sec. 3.309 Disease subject to presumptive service connection.
* * * * *
(d) * * *
(3) * * *
(ii) * * *
(F) Cleanup of Enewetak Atoll during the period beginning on
January 1,1977, and ending on December 31, 1980.
(G) Onsite participation in the response effort following the
collision of a United States Air Force B-52 bomber and refueling plane
that caused the release of four thermonuclear weapons in the vicinity
of Palomares, Spain, during the period beginning January 17, 1966, and
ending March 31, 1967.
(H) Onsite participation in the response effort following the on-
board fire and crash of a United States Air Force B-52 bomber that
caused the release of four thermonuclear weapons in the vicinity of
Thule Air Force Base, Greenland, during the period beginning January
21, 1968, and ending September 25, 1968.
* * * * *
[FR Doc. 2023-04514 Filed 3-10-23; 8:45 am]
BILLING CODE 8320-01-P
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</html>Indexed from Federal Register on March 13, 2023.
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