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Federal Register / Vol. 86, No. 148 / Thursday, August 5, 2021 / Rules and Regulations
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and investigation. Under these circumstances, imposing further delay on their receipt of benefits, potentially at the risk of their welfare and health, is contrary to the public interest.
Further, the Secretarys decision to extend certain VA-administered benefits to service members and veterans who have been exposed to airborne hazards, i.e., particulate matter, due to their service in the Southwest Asia theater of operations, Afghanistan, Syria, Djibouti, or Uzbekistan requires immediate effect to help them access these benefits without undue delay, particularly given that the COVID19 pandemic, with its sustained adverse economic consequences, may have reduced or limited their personal resources. For veterans that are not otherwise eligible for health care, these presumptions could result in needed health care eligibility based on service connection.
For this reason, delay in implementation of this rule would be contrary to the public interest.
5 U.S.C. 553d also requires a 30-day delayed effective date following publication of a rule, 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.
Pursuant to section 553d3, the Secretary finds that there is good cause to make the rule effective upon publication, for the reasons discussed above.
For the foregoing reasons, and as explained in further detail in the interim final rule, the Secretary of Veterans Affairs is issuing this rule as an interim final rule with an immediate effective date. However, VA will consider and address comments that are received within 60 days of the date this interim final rule is published in the Federal Register.
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
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determined that this rule is an economically 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. 601612. The certification is based on the fact that only individuals, not small entities or businesses, will be affected. Therefore, pursuant to 5 U.S.C. 605b, 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 64.101, Burial Expenses Allowance for Veterans; 64.102, Compensation for Service-Connected Deaths for Veterans Dependents;
64.104, Pension for Non-ServiceConnected Disability 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 This regulatory action is a major rule under the Congressional Review Act, 5
U.S.C. 801808, because it may result in an annual effect on the economy of $100
million or more. In accordance with 5
U.S.C. 801a1, VA will submit to the
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Comptroller General and to Congress a copy of this regulation and the Regulatory Impact Analysis associated with the regulation. However, for the reasons explained above, VA has found that there is good cause to publish this rule with an immediate effective date, pursuant to 5 U.S.C. 8082.
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 July 12, 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.
Jeffrey M. Martin, Assistant Director, Office of Regulation Policy & Management, Office of the Secretary, 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 3ADJUDICATION
Subpart APension, 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. 501a.

2. Amend 3.159 by revising paragraph c4iB to read as follows:

3.159 Department of Veterans Affairs assistance in developing claims.

c
4
i
B Establishes that the veteran suffered an event, injury or disease in service, or has a disease or symptoms of a disease listed in 3.309, 3.313, 3.316, 3.317, and 3.320 manifesting during an applicable presumptive period provided the claimant has the required service or triggering event to qualify for that presumption; and

3. Add 3.320 to read as follows:
3.320 Claims based on exposure to particulate matter
a Service connection based on presumed exposure to particulate matter1 General. Except as provided in paragraph b of this section, a
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