Servicemembers' Group Life Insurance-Stillborn Child Coverage, 4734-4735 [2012-1990]

Download as PDF 4734 Federal Register / Vol. 77, No. 20 / Tuesday, January 31, 2012 / Proposed Rules § 559.5 Does a tribe need to notify the Chair if a facility license is terminated or expires or if a gaming place, facility, or location closes or reopens? A tribe must notify the Chair within 30 days if a facility license is terminated or expires or if a gaming place, facility, or location closes or reopens. A tribe need not provide a notification of seasonal closures or temporary closures with a duration of less than 180 days. § 559.6 May the Chair require a tribe to submit applicable and available Indian lands or environmental and public health and safety documentation regarding any gaming place, facility, or location where gaming will occur? A tribe shall provide applicable and available Indian lands or environmental and public health and safety documentation requested by the Chair. § 559.7 May a tribe submit documents required by this part electronically? Yes. Tribes wishing to submit documents electronically should contact the Commission for guidance on acceptable document formats and means of transmission. Dated: January 23, 2012. Tracie L. Stevens, Chairwoman. Steffani A. Cochran, Vice-Chairwoman. Dated: January 23, 2012. Daniel J. Little, Associate Commissioner. [FR Doc. 2012–1915 Filed 1–27–12; 11:15 am] BILLING CODE 7565–01–P DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 9 RIN 2900–AO30 Servicemembers’ Group Life Insurance—Stillborn Child Coverage Department of Veterans Affairs. Proposed rule. AGENCY: ACTION: The Department of Veterans Affairs (VA) proposes to amend its Servicemembers’ Group Life Insurance (SGLI) regulations in order to provide that, if a stillborn child is otherwise eligible to be insured by the SGLI coverage of more than one member, the child would be insured by the coverage of the child’s SGLI-insured mother. DATES: Comments must be received by VA on or before April 2, 2012. ADDRESSES: Written comments may be submitted through https:// www.Regulations.gov; by mail or hand- wreier-aviles on DSK5TPTVN1PROD with PROPOSALS SUMMARY: VerDate Mar<15>2010 15:19 Jan 30, 2012 Jkt 226001 delivery to Director, Regulations Management (02REG), Department of Veterans Affairs, 810 Vermont Ave. NW., Room 1068, Washington, DC 20420; or by fax to (202) 273–9026. Comments should indicate that they are submitted in response to ‘‘RIN 2900– AO30—Servicemembers’ Group Life Insurance—Stillborn Child Coverage.’’ Copies of comments received will be available for public inspection in the Office of Regulation Policy and Management, Room 1063B, between the hours of 8 a.m. and 4:30 p.m., Monday through Friday (except holidays). Please call (202) 461–4902 for an appointment. (This is not a toll free number.) In addition, during the comment period, comments are available online through the Federal Docket Management System (FDMS) at https://www.Regulations.gov. FOR FURTHER INFORMATION CONTACT: Gregory C. Hosmer, Senior AttorneyAdvisor, Department of Veterans Affairs Regional Office and Insurance Center (310/290B), P.O. Box 8079, Philadelphia, Pennsylvania 19101, (215) 842–2000, ext 4280. (This is not a toll free number.) SUPPLEMENTARY INFORMATION: The Veterans’ Survivor Benefits Improvements Act of 2001, Public Law 107–14, established a program of family insurance coverage under Servicemembers’ Group Life Insurance (SGLI) through which a SGLI-insured service member’s insurable dependents could also be insured. Section 1965(10) of title 38, United States Code, defined ‘‘insurable dependent’’ as a service member’s spouse or child. Under 38 U.S.C. 1967(a), the child of a SGLIinsured member is automatically insured for $10,000. Section 1967(a)(4)(B) prohibits an insurable dependent who is a child from being insured at any time under the SGLI coverage of more than one member, i.e., more than one SGLIinsured parent. If a child is otherwise eligible to be insured by the coverage of more than one member, under section 1967(a)(4)(B) the child is insured by the coverage of the member whose eligibility for SGLI occurred first, ‘‘except that if that member does not have legal custody of the child, the child shall be insured by the coverage of the member who has legal custody of the child.’’ Which parent has legal custody of a child is determined in accordance with applicable State law. Section 402 of the Veterans’ Benefits Improvement Act of 2008, Public Law 110–389, expanded the definition of ‘‘insurable dependent’’ for SGLI purposes to include a ‘‘member’s stillborn child.’’ On November 18, 2009, PO 00000 Frm 00047 Fmt 4702 Sfmt 4702 VA added paragraph (k) to 38 CFR 9.1 to define the term ‘‘member’s stillborn child’’ for purposes of SGLI coverage. 74 FR 59479. Our research has determined that the law of the 50 States is silent as to which parent of a stillborn child has legal custody of the stillborn child. VA would not be able to determine the legal custodian of a stillborn child in accordance with State law. Therefore, we propose that a stillborn child of two SGLI-covered parents will always be insured under the mother’s coverage. Ease of application is just one reason for adopting such a simple rule. VA proposes this rule also because a stillborn child was exclusively in the mother’s physical custody. Furthermore, if the paternity of a stillborn child were in issue, it would be particularly onerous to require a stillborn’s father to establish paternity of the stillborn child. It would be more compassionate under such circumstances to simply apply a standing rule that obviates the need for such determinations. We therefore propose a rule to amend 38 CFR 9.5 by adding paragraph (e) to provide that, if a stillborn child is otherwise eligible to be insured by the coverage of more than one member, the stillborn child would be insured by the coverage of the SGLIinsured mother. This rule would apply to claims filed on or after the publication of the final rule. 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 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 rule would have no such effect on State, local, and tribal governments or the private sector. Paperwork Reduction Act This proposed rule contains no provision constituting a collection of information under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). Executive Orders 12866 and 13563 Executive Orders 12866 and 13563 direct 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 effects, and other advantages; distributive impacts; and equity). E:\FR\FM\31JAP1.SGM 31JAP1 Federal Register / Vol. 77, No. 20 / Tuesday, January 31, 2012 / Proposed Rules 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.’’ VA has examined the economic, interagency, legal, and policy implications of this proposed rule and has determined it not to be a significant regulatory action under Executive Order 12866. Regulatory Flexibility Act The Secretary hereby certifies that this proposed 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. This proposed rule will directly affect only individuals and will not directly affect small entities. Therefore, pursuant to 5 U.S.C. 605(b), this proposed rule is exempt from the initial and final regulatory flexibility analysis requirements of sections 603 and 604. Catalog of Federal Domestic Assistance The catalog of Federal Domestic Assistance Program number and the title for this regulation is 64.103, Life Insurance for Veterans. wreier-aviles on DSK5TPTVN1PROD with PROPOSALS Signing Authority 15:19 Jan 30, 2012 List of Subjects in 38 CFR Part 9 Life insurance, Military personnel, Veterans. Dated: January 26, 2012. Robert C. McFetridge, Director of Regulation Policy and Management, Office of the General Counsel, Department of Veterans Affairs. For the reasons stated in the preamble, the Department of Veterans Affairs proposes to amend 38 CFR part 9 as follows: PART 9—SERVICEMEMBERS’ GROUP LIFE INSURANCE AND VETERANS’ GROUP LIFE INSURANCE 1. The authority citation for part 9 continues to read as follows: Authority: 38 U.S.C. 501, 1965–1980A, unless otherwise noted. 2. Section 9.5 is amended by adding paragraph (e) and revising the authority citation at the end of the section to read as follows: § 9.5 Payment of proceeds. * * * * * (e) If a stillborn child is otherwise eligible to be insured by the Servicemembers’ Group Life Insurance coverage of more than one member, the child shall be insured by the coverage of the child’s insured mother. (Authority: 38 U.S.C. 501(a), 1965(10), 1967(a)(4)(B)) [FR Doc. 2012–1990 Filed 1–30–12; 8:45 am] BILLING CODE 8320–01–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 51 and 52 [EPA–HQ–OAR–2011–0729; FRL–9624–4] RIN 2060–AR05 Regional Haze: Revisions to Provisions Governing Alternatives to Source-Specific Best Available Retrofit Technology (BART) Determinations, Limited SIP Approvals, and Federal Implementation Plans Environmental Protection Agency (EPA). ACTION: Notice of Extension of Public Comment Period. AGENCY: 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. John R. Gingrich, Chief of Staff, Department of Veterans Affairs, approved this VerDate Mar<15>2010 document on January 22, 2012, for publication. Jkt 226001 On December 30, 2011, the EPA published in the Federal Register our proposal to revise rules that pertain to the regional haze program. In the proposal, the EPA stated that public SUMMARY: PO 00000 Frm 00048 Fmt 4702 Sfmt 4702 4735 comments were to be submitted by February 13, 2012. In order to ensure that the public has a sufficient time to analyze our proposed rule, the EPA is extending the public comment period until February 28, 2012. DATES: Comments. Comments on the proposed rule published December 30, 2011 (76 FR 82219) must be received on or before February 28, 2012. ADDRESSES: Comments. Submit your comments, identified by Docket ID No. EPA–HQ–OAR–2011–0729, by one of the following methods: • www.regulations.gov: Follow the online instructions for submitting comments. • Email: a-and-r-docket@epa.gov. • Fax: (202) 566–9744. • Mail: Attention Docket ID No. EPA– HQ–OAR–2011–0729, U.S. Environmental Protection Agency, EPA West (Air Docket), 1200 Pennsylvania Avenue NW., Mail code: 6102T, Washington, DC 20460. Please include a total of 2 copies. • Hand Delivery: U.S. Environmental Protection Agency, EPA West (Air Docket), 1301 Constitution Avenue, Northwest, Room 3334, Washington, DC 20004, Attention Docket ID No. EPA– HQ–OAR–2011–0729. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions. Direct your comments to Docket ID No. EPA–HQ–OAR–2011– 0729. The EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or email. The www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means the EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to the EPA without going through www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, the EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM E:\FR\FM\31JAP1.SGM 31JAP1

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[Federal Register Volume 77, Number 20 (Tuesday, January 31, 2012)]
[Proposed Rules]
[Pages 4734-4735]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-1990]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 9

RIN 2900-AO30


Servicemembers' Group Life Insurance--Stillborn Child Coverage

AGENCY: Department of Veterans Affairs.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Department of Veterans Affairs (VA) proposes to amend its 
Servicemembers' Group Life Insurance (SGLI) regulations in order to 
provide that, if a stillborn child is otherwise eligible to be insured 
by the SGLI coverage of more than one member, the child would be 
insured by the coverage of the child's SGLI-insured mother.

DATES: Comments must be received by VA on or before April 2, 2012.

ADDRESSES: Written comments may be submitted through https://www.Regulations.gov; by mail or hand-delivery to Director, Regulations 
Management (02REG), Department of Veterans Affairs, 810 Vermont Ave. 
NW., Room 1068, Washington, DC 20420; or by fax to (202) 273-9026. 
Comments should indicate that they are submitted in response to ``RIN 
2900-AO30--Servicemembers' Group Life Insurance--Stillborn Child 
Coverage.'' Copies of comments received will be available for public 
inspection in the Office of Regulation Policy and Management, Room 
1063B, between the hours of 8 a.m. and 4:30 p.m., Monday through Friday 
(except holidays). Please call (202) 461-4902 for an appointment. (This 
is not a toll free number.) In addition, during the comment period, 
comments are available online through the Federal Docket Management 
System (FDMS) at https://www.Regulations.gov.

FOR FURTHER INFORMATION CONTACT: Gregory C. Hosmer, Senior Attorney-
Advisor, Department of Veterans Affairs Regional Office and Insurance 
Center (310/290B), P.O. Box 8079, Philadelphia, Pennsylvania 19101, 
(215) 842-2000, ext 4280. (This is not a toll free number.)

SUPPLEMENTARY INFORMATION: The Veterans' Survivor Benefits Improvements 
Act of 2001, Public Law 107-14, established a program of family 
insurance coverage under Servicemembers' Group Life Insurance (SGLI) 
through which a SGLI-insured service member's insurable dependents 
could also be insured. Section 1965(10) of title 38, United States 
Code, defined ``insurable dependent'' as a service member's spouse or 
child. Under 38 U.S.C. 1967(a), the child of a SGLI-insured member is 
automatically insured for $10,000.
    Section 1967(a)(4)(B) prohibits an insurable dependent who is a 
child from being insured at any time under the SGLI coverage of more 
than one member, i.e., more than one SGLI-insured parent. If a child is 
otherwise eligible to be insured by the coverage of more than one 
member, under section 1967(a)(4)(B) the child is insured by the 
coverage of the member whose eligibility for SGLI occurred first, 
``except that if that member does not have legal custody of the child, 
the child shall be insured by the coverage of the member who has legal 
custody of the child.'' Which parent has legal custody of a child is 
determined in accordance with applicable State law.
    Section 402 of the Veterans' Benefits Improvement Act of 2008, 
Public Law 110-389, expanded the definition of ``insurable dependent'' 
for SGLI purposes to include a ``member's stillborn child.'' On 
November 18, 2009, VA added paragraph (k) to 38 CFR 9.1 to define the 
term ``member's stillborn child'' for purposes of SGLI coverage. 74 FR 
59479.
    Our research has determined that the law of the 50 States is silent 
as to which parent of a stillborn child has legal custody of the 
stillborn child. VA would not be able to determine the legal custodian 
of a stillborn child in accordance with State law. Therefore, we 
propose that a stillborn child of two SGLI-covered parents will always 
be insured under the mother's coverage.
    Ease of application is just one reason for adopting such a simple 
rule. VA proposes this rule also because a stillborn child was 
exclusively in the mother's physical custody. Furthermore, if the 
paternity of a stillborn child were in issue, it would be particularly 
onerous to require a stillborn's father to establish paternity of the 
stillborn child. It would be more compassionate under such 
circumstances to simply apply a standing rule that obviates the need 
for such determinations. We therefore propose a rule to amend 38 CFR 
9.5 by adding paragraph (e) to provide that, if a stillborn child is 
otherwise eligible to be insured by the coverage of more than one 
member, the stillborn child would be insured by the coverage of the 
SGLI-insured mother.
    This rule would apply to claims filed on or after the publication 
of the final rule.

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 
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 rule would have no such effect on 
State, local, and tribal governments or the private sector.

Paperwork Reduction Act

    This proposed rule contains no provision constituting a collection 
of information under the Paperwork Reduction Act (44 U.S.C. 3501 et 
seq.).

Executive Orders 12866 and 13563

    Executive Orders 12866 and 13563 direct 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 effects, and other advantages; distributive impacts; 
and equity).

[[Page 4735]]

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.''
    VA has examined the economic, interagency, legal, and policy 
implications of this proposed rule and has determined it not to be a 
significant regulatory action under Executive Order 12866.

Regulatory Flexibility Act

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

Catalog of Federal Domestic Assistance

    The catalog of Federal Domestic Assistance Program number and the 
title for this regulation is 64.103, Life Insurance for Veterans.

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. John R. 
Gingrich, Chief of Staff, Department of Veterans Affairs, approved this 
document on January 22, 2012, for publication.

List of Subjects in 38 CFR Part 9

    Life insurance, Military personnel, Veterans.

    Dated: January 26, 2012.
Robert C. McFetridge,
Director of Regulation Policy and Management, Office of the General 
Counsel, Department of Veterans Affairs.

    For the reasons stated in the preamble, the Department of Veterans 
Affairs proposes to amend 38 CFR part 9 as follows:

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

    1. The authority citation for part 9 continues to read as follows:

    Authority:  38 U.S.C. 501, 1965-1980A, unless otherwise noted.

    2. Section 9.5 is amended by adding paragraph (e) and revising the 
authority citation at the end of the section to read as follows:


Sec.  9.5  Payment of proceeds.

* * * * *
    (e) If a stillborn child is otherwise eligible to be insured by the 
Servicemembers' Group Life Insurance coverage of more than one member, 
the child shall be insured by the coverage of the child's insured 
mother.

(Authority: 38 U.S.C. 501(a), 1965(10), 1967(a)(4)(B))

[FR Doc. 2012-1990 Filed 1-30-12; 8:45 am]
BILLING CODE 8320-01-P
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