Servicemembers' Group Life Insurance Traumatic Injury Protection Program, 26788-26789 [E9-13097]

Download as PDF 26788 Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Rules and Regulations $100,000,000 or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This rule will not effect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Energy Effects We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a ‘‘significant energy action’’ under that order because it is not a ‘‘significant regulatory action’’ under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency VerDate Nov<24>2008 14:50 Jun 03, 2009 Jkt 217001 provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have concluded that this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. This rule involves the establishment of a safety zone in the vicinity of a marine regatta. This rule is categorically excluded, under figure 2– 1, paragraph (34)(g), of the Instruction, from further environmental documentation. An environmental analysis checklist and a categorical exclusion determination are available in the docket where indicated under ADDRESSES. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. ■ For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: 32°42.17′ N, 117°14.08′ W; 32°41.96′ N, 117°13.60′ W; 32°42.19′ N, 117°13.50′ W. (b) Enforcement Period. This safety zone will be enforced from 11 a.m. to 3 p.m. on July 24, 2009. If the need for the safety zone ends before the scheduled termination time, the Captain of the Port will cease enforcement of this safety zone. (c) Definitions. The following definition applies to this section: designated representative, means any commissioned, warrant, and petty officers of the Coast Guard on board Coast Guard, Coast Guard Auxiliary, and local, State, and Federal law enforcement vessels who have been authorized to act on the behalf of the Captain of the Port. (d) Regulations. (1) In accordance with the general regulations in § 165.23 of this part, entry into, transit through, or anchoring within this zone by all vessels is prohibited, unless authorized by the Captain of the Port, or his designated representative. (2) Mariners requesting permission to transit through the safety zone may request authorization to do so from the Sector San Diego Communications Center (COMCEN). The COMCEN may be contacted via VHF–FM channel 16 or (619) 278–7033. (3) All persons and vessels shall comply with the instructions of the Coast Guard Captain of the Port or the designated representative. (4) Upon being hailed by U.S. Coast Guard patrol personnel by siren, radio, flashing light, or other means, the operator of a vessel shall proceed as directed. (5) The Coast Guard may be assisted by other Federal, State, or local agencies. Dated: May 18, 2009. T.H. Farris, Captain, U.S. Coast Guard, Captain of the Port San Diego. [FR Doc. E9–12981 Filed 6–3–09; 8:45 am] BILLING CODE 4910–15–P ■ Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 9 RIN 2900–AN00 ■ 2. Add a new temporary zone § 165.T11–140 to read as follows: Servicemembers’ Group Life Insurance Traumatic Injury Protection Program § 165.T11–140 Safety Zone: Dutch Shoe Regatta; San Diego Harbor, San Diego, CA. AGENCY: (a) Location. The limits of the safety zone will encompass the following coordinates: 32°42.48′ N, 117°14.00′ W; PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 ACTION: Department of Veterans Affairs. Final rule. SUMMARY: This document adopts as a final rule, without change, an interim E:\FR\FM\04JNR1.SGM 04JNR1 Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Rules and Regulations final rule amending the Department of Veterans Affairs (VA) regulation regarding the Servicemembers’ Group Life Insurance traumatic injury protection (TSGLI) program. The amendment was necessary in order to add losses that would be covered under the program and to define terms that are relevant to these new losses. The final rule also clarifies existing language in the regulation and reorganizes several existing provisions. DATES: Effective Date: June 4, 2009. FOR FURTHER INFORMATION CONTACT: Jeanne King, Attorney-Advisor, Department of Veterans Affairs Regional Office and Insurance Center (310/290B), P.O. Box 8079, Philadelphia, Pennsylvania 19101, (215) 842–2000, ext. 4839 (This is not a toll-free number). SUPPLEMENTARY INFORMATION: An interim final rule amending VA’s regulation regarding the added losses to the TSGLI program, the clarification of existing language, and the reorganization of certain provisions was published in the Federal Register on November 26, 2008 (73 FR 71926). We provided a 30-day comment period that ended on December 26, 2008. No comments were received. Based on the rationale set forth in the interim final rule, we now adopt the interim final rule as a final rule without change. Administrative Procedure Act This document, without change, affirms the amendment made by the interim final rule that is already in effect. The Secretary of Veterans Affairs concluded that, under 5 U.S.C. 553(b)(3)(B), there was good cause to dispense with the opportunity for prior comment with respect to this rule. The Secretary found that it was impracticable, unnecessary, and contrary to the public interest to delay this regulation for the purpose of soliciting prior public comment. Nevertheless, the Secretary invited public comment on the interim final rule but did not receive any comments. The amendment was consistent with the priorities established by Congress and was needed on an expedited basis because the prior version of the regulation would have precluded VA from providing a TSGLI payment for the other losses that the agency had determined should be added as a covered benefit under the program. Unfunded Mandates The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C. 1532, that agencies prepare an assessment of VerDate Nov<24>2008 14:50 Jun 03, 2009 Jkt 217001 anticipated costs and benefits before issuing any rule that may result in an expenditure by the State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more (adjusted annually for inflation) in any given year. This final rule will have no such effect on State, local, and tribal governments, or on the private sector. Executive Order 12866 Executive Order 12866 directs agencies to assess all 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, and other advantages; distributive impacts; and equity). The Executive Order classifies a ‘‘significant regulatory action,’’ requiring review by the Office of Management and Budget (OMB) unless OMB waives such review, 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 the Executive Order. The economic, interagency, budgetary, legal, and policy implications of this final rule have been examined and it has been determined to be a significant regulatory action under the Executive Order because it is likely to result in a rule that may raise novel legal or policy issues arising out of legal mandates, the President’s priorities, or the principles set forth in the Executive Order. Paperwork Reduction Act This document expands the collection of information under the Paperwork Reduction Act (44 U.S.C. 3501–3521) (the Act). Accordingly, under section 3507(d) of the Act, VA submitted a copy of the amended TSGLI form (titled Application for TSGLI Benefits Form) to OMB for its review of the proposed collection of information concurrent with the publication of the interim final rule. PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 26789 Regulatory Flexibility Act The Secretary hereby certifies that this 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. 601 et seq. The rule will directly affect only individuals and will not directly affect small entities. Therefore, pursuant to 5 U.S.C. 605(b), this final rule is exempt from the initial and final regulatory flexibility analyses requirements of sections 603 and 604. Catalog of Federal Domestic Assistance The Catalog of Federal Domestic Assistance Program number and title for this rule is 64.103, Life Insurance for Veterans. List of Subjects in 38 CFR Part 9 Life insurance, Military personnel, Veterans. Approved: May 19, 2009. John R. Gingrich, Chief of Staff, Department of Veterans Affairs. PART 9—SERVICEMEMBERS’ GROUP LIFE INSURANCE AND VETERANS’ GROUP LIFE INSURANCE Accordingly, the interim final rule amending 38 CFR part 9, which was published at 73 FR 71926 on November 26, 2008, is adopted as a final rule without change. ■ [FR Doc. E9–13097 Filed 6–3–09; 8:45 am] BILLING CODE 8320–01–P POSTAL REGULATORY COMMISSION 39 CFR Part 3020 [Docket Nos. MC2009–24, CP2009–28; Order No. 218] New Postal Product Postal Regulatory Commission. Final rule. AGENCY: ACTION: The Commission is adding the Postal Service’s Royal Mail Inbound Air Parcel Post Agreement negotiated service agreement to the Competitive Product List. This action is consistent with changes in a recent law governing postal operations. Republication of the lists of market dominant and competitive products is also consistent with new requirements in the law. DATES: Effective June 4, 2009 and is applicable beginning May 29, 2009. ADDRESSES: Submit comments electronically via the Commission’s Filing Online system at https:// www.prc.gov. E:\FR\FM\04JNR1.SGM 04JNR1

Agencies

DEPARTMENT OF VETERANS AFFAIRS

[Federal Register Volume 74, Number 106 (Thursday, June 4, 2009)]
[Rules and Regulations]
[Pages 26788-26789]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-13097]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 9

RIN 2900-AN00


Servicemembers' Group Life Insurance Traumatic Injury Protection 
Program

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document adopts as a final rule, without change, an 
interim

[[Page 26789]]

final rule amending the Department of Veterans Affairs (VA) regulation 
regarding the Servicemembers' Group Life Insurance traumatic injury 
protection (TSGLI) program. The amendment was necessary in order to add 
losses that would be covered under the program and to define terms that 
are relevant to these new losses. The final rule also clarifies 
existing language in the regulation and reorganizes several existing 
provisions.

DATES: Effective Date: June 4, 2009.

FOR FURTHER INFORMATION CONTACT: Jeanne King, Attorney-Advisor, 
Department of Veterans Affairs Regional Office and Insurance Center 
(310/290B), P.O. Box 8079, Philadelphia, Pennsylvania 19101, (215) 842-
2000, ext. 4839 (This is not a toll-free number).

SUPPLEMENTARY INFORMATION: An interim final rule amending VA's 
regulation regarding the added losses to the TSGLI program, the 
clarification of existing language, and the reorganization of certain 
provisions was published in the Federal Register on November 26, 2008 
(73 FR 71926).
    We provided a 30-day comment period that ended on December 26, 
2008. No comments were received. Based on the rationale set forth in 
the interim final rule, we now adopt the interim final rule as a final 
rule without change.

Administrative Procedure Act

    This document, without change, affirms the amendment made by the 
interim final rule that is already in effect. The Secretary of Veterans 
Affairs concluded that, under 5 U.S.C. 553(b)(3)(B), there was good 
cause to dispense with the opportunity for prior comment with respect 
to this rule. The Secretary found that it was impracticable, 
unnecessary, and contrary to the public interest to delay this 
regulation for the purpose of soliciting prior public comment. 
Nevertheless, the Secretary invited public comment on the interim final 
rule but did not receive any comments. The amendment was consistent 
with the priorities established by Congress and was needed on an 
expedited basis because the prior version of the regulation would have 
precluded VA from providing a TSGLI payment for the other losses that 
the agency had determined should be added as a covered benefit under 
the program.

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 an expenditure by 
the State, local, and tribal governments, in the aggregate, or by the 
private sector, of $100 million or more (adjusted annually for 
inflation) in any given year. This final rule will have no such effect 
on State, local, and tribal governments, or on the private sector.

Executive Order 12866

    Executive Order 12866 directs agencies to assess all 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, 
and other advantages; distributive impacts; and equity). The Executive 
Order classifies a ``significant regulatory action,'' requiring review 
by the Office of Management and Budget (OMB) unless OMB waives such 
review, 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 the Executive 
Order.
    The economic, interagency, budgetary, legal, and policy 
implications of this final rule have been examined and it has been 
determined to be a significant regulatory action under the Executive 
Order because it is likely to result in a rule that may raise novel 
legal or policy issues arising out of legal mandates, the President's 
priorities, or the principles set forth in the Executive Order.

Paperwork Reduction Act

    This document expands the collection of information under the 
Paperwork Reduction Act (44 U.S.C. 3501-3521) (the Act). Accordingly, 
under section 3507(d) of the Act, VA submitted a copy of the amended 
TSGLI form (titled Application for TSGLI Benefits Form) to OMB for its 
review of the proposed collection of information concurrent with the 
publication of the interim final rule.

Regulatory Flexibility Act

    The Secretary hereby certifies that this 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. 601 et 
seq. The rule will directly affect only individuals and will not 
directly affect small entities. Therefore, pursuant to 5 U.S.C. 605(b), 
this final rule is exempt from the initial and final regulatory 
flexibility analyses requirements of sections 603 and 604.

Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance Program number and title 
for this rule is 64.103, Life Insurance for Veterans.

List of Subjects in 38 CFR Part 9

    Life insurance, Military personnel, Veterans.

    Approved: May 19, 2009.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.

PART 9--SERVICEMEMBERS' GROUP LIFE INSURANCE AND VETERANS' GROUP 
LIFE INSURANCE

0
Accordingly, the interim final rule amending 38 CFR part 9, which was 
published at 73 FR 71926 on November 26, 2008, is adopted as a final 
rule without change.

[FR Doc. E9-13097 Filed 6-3-09; 8:45 am]
BILLING CODE 8320-01-P

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