Servicemembers' Group Life Insurance and Veterans' Group Life Insurance-Slayer's Rule Exclusion, 60304-60307 [2012-24391]
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Federal Register / Vol. 77, No. 192 / Wednesday, October 3, 2012 / Rules and Regulations
we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
9. 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.
conjunction with a regatta or marine
parade. This rule is categorically
excluded from further review under
paragraph 35(b) and 34(h) of Figure 2–
1 of the Commandant Instruction. An
environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination are
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this rule.
List of Subjects in 33 CFR Part 100
10. 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.
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
11. 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.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
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14. 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 determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a
special local regulation issued in
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2. Add a temporary § 100.35T07–0728
to read as follows:
■
§ 100.35T07–0728 Special Local
Regulation; Red Bull Flugtag, Biscayne
Bay; Miami, FL.
(a) Regulated Area. The following
regulated areas are established as
special local regulation. All coordinates
are North American Datum 1983.
(1) Event Area. All waters of Biscayne
Bay, Miami, FL between Bayfront Park
and the Intercontinental-Miami Hotel
encompassed within an imaginary line
connecting the following points:
Starting at point 1 in position 25°46′32″
N, 80°11′06″ W; thence southeast to
point 2 in position 25°46′30″ N,
80°11′04″ W; thence south to point 3 in
position 25°46′26″ N, 80°11′04″ W;
thence southwest to point 4 in position
25°46′25″ N, 80°11′06″ W; thence north
back to origin. All non-participant
persons and vessels are prohibited from
entering, transiting through, anchoring
in, or remaining within the event area
without authorization from the Captain
of the Port Miami or a designated
representative.
(2) Spectator Area. All waters of
Biscayne Bay, Miami, FL between
Bayfront Park and the IntercontinentalMiami Hotel encompassed within an
imaginary line connecting the following
points: Starting at point 1 in position
25°46′32″ N, 80°11′05″ W; thence
northeast to point 2 in position
25°46′36″ N, 80°11′01″ W; thence south
to point 3 in position 25°46′22″ N,
80°11′01″ W; thence southwest to point
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4 in position 25°46′18″ N, 80°11′04″ W;
thence west to point 5 in position
25°46′18″ N, 80°11′05″ W; thence north
to point 6 in position 25°46′25″ N,
80°11′06″ W; thence northeast to point
7 in position 25°46′26″ N, 80°11′04″ W;
thence northwest to point 8 in position
25°46′30″ N, 80°11′04″ W; thence
northwest back to origin. Vessels are
permitted to anchor in this area.
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
other officers operating Coast Guard
vessels, and Federal, state, and local
officers designated by or assisting the
Captain of the Port Miami in the
enforcement of the regulated areas.
(c) Regulations. (1) Persons and
vessels may request authorization to
enter, transit through, anchor in, or
remain within the event area by
contacting the Captain of the Port Miami
by telephone at 305–535–4472, or a
designated representative via VHF radio
on channel 16. If authorization is
granted by the Captain of the Port
Miami or a designated representative,
all persons and vessels receiving such
authorization must comply with the
instructions of the Captain of the Port
Miami or a designated representative.
(2) The Coast Guard will provide
notice of the regulated areas by Local
Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated
representatives.
(d) Enforcement Date. This rule will
be enforced from 11:00 a.m. until 4:00
p.m. on November 3, 2012.
Dated: September 19, 2012.
C.P. Scraba,
Captain, U.S. Coast Guard, Captain of the
Port Miami.
[FR Doc. 2012–24343 Filed 10–2–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 9
RIN 2900–AN40
Servicemembers’ Group Life Insurance
and Veterans’ Group Life Insurance—
Slayer’s Rule Exclusion
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) is amending its regulations
governing Servicemembers’ Group Life
Insurance (SGLI) and Veterans’ Group
Life Insurance (VGLI) to prohibit
payment of insurance proceeds payable
SUMMARY:
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Federal Register / Vol. 77, No. 192 / Wednesday, October 3, 2012 / Rules and Regulations
because of the death of a person whose
life was insured under SGLI or VGLI
(decedent) or payment of a SGLI
Traumatic Injury Protection (TSGLI)
benefit to a person who is convicted of
intentionally and wrongfully killing the
decedent or determined in a civil
proceeding to have intentionally and
wrongfully killed the decedent (slayer)
and to any family member of the slayer.
These provisions apply also to any
person who assisted the slayer in
causing the death of the decedent.
Additionally, this document contains an
interim final amendment that defines
the term ‘‘member of the family’’ not to
include a ‘‘domestic partner.’’
DATES: Effective Date: This final rule is
effective November 2, 2012.
Applicability Date: This rule is
applicable to any claim for SGLI or
VGLI proceeds, including a claim for a
payment under 38 CFR 9.20, Traumatic
injury protection, filed on or after
November 2, 2012, and to any such
claim filed before that date that has not
been paid or denied as of that date.
Comment Date: Comments on the
omission of the term ‘‘domestic partner’’
from the definition of a ‘‘member of the
family’’ must be submitted by December
3, 2012.
ADDRESSES: Written comments may be
submitted through
www.Regulations.gov; by mail or handdelivery to Director, Regulations
Management (02REG), Department of
Veterans Affairs, 810 Vermont Avenue
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–
AN40—Servicemembers’ Group Life
Insurance and Veterans’ Group Life
Insurance—Slayer’s Rule Exclusion.’’
Copies of comments received will be
available for public inspection in the
Office of Regulation Policy and
Management, Room 1063B, between the
hours of 8:00 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 may be
viewed online through the Federal
Docket Management System (FDMS) at
www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Monica Keitt, Attorney/Advisor,
Department of Veterans Affairs Regional
Office and Insurance Center (310/290B),
5000 Wissahickon Avenue, P.O. Box
8079, Philadelphia, PA 19101, (215)
842–2000, ext. 2905. (This is not a tollfree number.)
SUPPLEMENTARY INFORMATION: On
December 13, 2011, VA published in the
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Federal Register (76 FR 77455) a
proposed rule to amend VA regulations
governing the payment of SGLI or VGLI
proceeds and benefit payments under
the TSGLI program. Specifically, VA
proposed to amend 38 CFR 9.1 and 9.5
to prohibit payment of SGLI or VGLI
proceeds or a TSGLI benefit to: (1) A
person who is convicted of intentionally
killing the decedent or determined in a
civil proceeding to have intentionally
killed the decedent (known hereafter as
the ‘‘slayer’’); (2) a member of the
slayer’s family who is not related to the
decedent by blood, legal adoption, or
marriage; and (3) a member of the
slayer’s family who is related to the
decedent by blood, legal adoption, or
marriage and is convicted of a crime
involving the intentional killing of the
decedent or determined in a civil
proceeding to have been involved in the
intentional killing of the decedent.
Interested persons were invited to
submit written comments on or before
February 13, 2012. We received one
comment, from Vietnam Veterans of
America (VVA) concerning the terms
used in, and the complexity of some of
the language of, the proposed
regulation. Based on internal agency
reconsideration of the proposed
regulation and the comment received
from VVA, VA is making the following
changes to the proposed rule.
First, VVA recommended adding the
words ‘‘and wrongfully’’ and ‘‘and
wrongful’’ as part of the descriptions
provided in proposed § 9.5(e)(2)(i) and
(iii), respectively. VA agrees with VVA’s
recommendation to include the words
‘‘and wrongfully’’ in § 9.5(e)(2)(i)
because those words speak to the
heinous aspect of the slayer’s act that
violates public policy. In order to be
consistent, we will also add ‘‘and
wrongfully’’ to § 9.1(l). In addition, this
language is consistent with the language
used in 38 CFR 3.11, which prohibits
the payment of certain VA benefits to
‘‘[a]ny person who has intentionally and
wrongfully caused the death of another
person’’ if the benefits would be payable
by reason of that death. The language of
38 CFR 3.11 serves as an appropriate
model for the SGLI and VGLI Slayer’s
Rule Exclusion. However, VA did not
incorporate the words ‘‘and wrongful’’
into proposed § 9.5(e)(2)(iii) because
that provision has been completely
revised in accordance with VVA’s
second recommendation to prohibit
payment of insurance benefits to the
family members of either the slayer or
anyone who aided or assisted the slayer
in causing the death of the decedent.
Second, VVA recommended
simplifying the language of proposed
§ 9.5(e)(2) to make the regulation easier
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60305
to understand as it relates to the persons
who are prohibited from receiving
insurance proceeds and benefits. VA
agrees with VVA’s suggestion and has
modified the language of § 9.5(e)(2) to
clarify the intent of the proposed rule
that the slayer, anyone who assists the
slayer in causing the death of the
decedent, and the family members of
the slayer or anyone who assists the
slayer be prohibited from receiving
insurance proceeds or benefits payable
because of the decedent’s death.
Although proposed § 9.5(e)(2) included
anyone who is convicted or found
civilly liable for the death of the
decedent, which would imply inclusion
of an accomplice, the modified rule
language removes any ambiguity
regarding the inclusion of an
accomplice under § 9.5(e)(2).
Third, VVA suggested changing the
term ‘‘surviving spouse’’ in proposed
§ 9.5(e)(4)(i)(B) with the term ‘‘widow or
widower’’ to make the reference
consistent with the terms used in
Chapter 19 of title 38, United States
Code (U.S.C.). VA agrees with this
suggestion and has altered the
regulatory text accordingly. Use of the
term ‘‘widow or widower’’ is consistent
with the language of 38 U.S.C. 1970(a),
which provides the order of preference
for payments of SGLI and VGLI
proceeds.
Finally, based on internal agency
review, VA is removing proposed
§ 9.1(l)(6), which included ‘‘[d]omestic
partner’’ as a ‘‘member of the family’’ for
purposes of the provisions in § 9.5(e)(2),
due to the unsettled legal landscape
surrounding the recognition of such
partnerships. Because recognition of the
legality of such relationships varies
from state to state, VA has determined
that including such partnerships in this
part would cause an undue
administrative burden. The public is
invited to comment on the omission of
the term ‘‘domestic partner’’ from the
definition of a ‘‘member of the family.’’
For the reasons discussed above, VA
is adopting the proposed rule as a final
rule with the above-noted changes.
Administrative Procedure Act
Regarding the interim final
amendment that defines the term
‘‘member of the family’’ within this final
rule at 38 CFR 9.1(l) not to include a
‘‘domestic partner,’’ we find, pursuant
to 5 U.S.C. 553(b)(B), that there is good
cause to dispense with advance public
notice. As noted above, the legal
landscape surrounding the recognition
of such partnerships is unsettled.
Therefore, at this time, the term’s
inclusion in the definition of a ‘‘member
of the family’’ would be impracticable
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and contrary to the public interest.
Accordingly, VA is issuing this final
rule with an interim final amendment to
omit the term ‘‘domestic partner’’ from
§ 9.1(l).
implications of this regulatory action
have been examined, and it has been
determined not to be a significant
regulatory action under Executive Order
12866.
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
year. This final rule will have no such
effect on State, local, and tribal
governments or on the private sector.
Regulatory Flexibility Act
The Secretary of Veterans Affairs
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. 601–612. This
final rule will directly affect only
individuals and will not directly affect
any small entities. Therefore, pursuant
to 5 U.S.C. 605(b), this final rule is
exempt from the initial and final
regulatory flexibility analysis
requirements of sections 603 and 604.
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Paperwork Reduction Act
This final rule contains no provisions
constituting a collection of information
under the Paperwork Reduction Act (44
U.S.C. 3501–3521).
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
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Catalog of Federal Domestic Assistance
Number and Title
The Catalog of Federal Domestic
Assistance number and title for the
program affected by this document 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 September 28, 2012, for
publication.
List of Subjects in 38 CFR Part 9
Life insurance, Military personnel,
Veterans.
Dated: September 28, 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, VA amends 38 CFR part 9 as
set forth below:
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. Amend § 9.1 by adding a new
paragraph (l) to read as follows:
■
§ 9.1
Definitions.
*
*
*
*
*
(l) The term member of the family as
used in § 9.5(e)(2) means an individual
with any of the following relationships
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to a person who is convicted of
intentionally and wrongfully killing the
decedent or determined in a civil
proceeding to have intentionally and
wrongfully killed the decedent:
(1) Spouse;
(2) Biological, adopted, or step child;
(3) Biological, adoptive, or step
parent;
(4) Biological, adopted, or step
sibling; or
(5) Biological, adoptive, or step
grandparent or grandchild.
*
*
*
*
*
■ 3. Amend § 9.5 by adding paragraph
(e) to read as follows:
§ 9.5
Payment of proceeds.
*
*
*
*
*
(e)(1) The proceeds payable because
of the death of an individual insured
under Servicemembers’ Group Life
Insurance or Veterans’ Group Life
Insurance (‘‘decedent’’) shall not be
payable to any person described in
paragraph (e)(2) of this section. A
Servicemembers’ Group Life Insurance
Traumatic Injury Protection benefit
payable under § 9.20(j)(3) shall not be
payable to any person described in
paragraph (e)(2) of this section.
(2) The persons described in this
paragraph are:
(i) A person who is convicted of
intentionally and wrongfully killing the
decedent or determined in a civil
proceeding to have intentionally and
wrongfully killed the decedent;
(ii) A person who is convicted of
assisting or aiding, or determined in a
civil proceeding to have assisted or
aided, a person described in paragraph
(e)(2)(i) of this section; and
(iii) A member of the family of a
person described in paragraph (e)(2)(i)
or (e)(2)(ii) of this section who is not
related to the decedent by blood, legal
adoption, or marriage.
(3) The Servicemembers’ Group Life
Insurance or Veterans’ Group Life
Insurance proceeds or Servicemembers’
Group Life Insurance Traumatic Injury
Protection benefit not payable under
paragraph (e)(1) of this section to any
person described in paragraph (e)(2) of
this section is not payable to such
persons even though the criminal
conviction or civil determination is
pending appeal.
(4)(i) Servicemembers’ Group Life
Insurance or Veterans’ Group Life
Insurance proceeds or a
Servicemembers’ Group Life Insurance
Traumatic Injury Protection benefit not
payable under paragraphs (e)(1) and
(e)(2) of this section shall be payable to
the first person or persons listed in
paragraphs (e)(4)(i)(A) through (F) of
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this section who are surviving on the
date of the decedent’s death in the
following order of precedence:
(A) To the next eligible beneficiary
designated by the decedent in a writing
received by the appropriate office of the
applicable uniformed service before the
decedent’s death in the uniformed
services in the case of Servicemembers’
Group Life Insurance proceeds or a
Servicemembers’ Group Life Insurance
Traumatic Injury Protection benefit, or
in a writing received by the
administrative office defined in § 9.1(b)
of this part before the decedent’s death
in the case of Veterans’ Group Life
Insurance proceeds;
(B) To the decedent’s widow or
widower;
(C) To the decedent’s child or
children, in equal shares, and
descendants of deceased children by
representation;
(D) To the decedent’s parents, in
equal shares, or to the survivor of them;
(E) To the duly appointed executor or
administrator of the decedent’s estate;
(F) To other next of kin of the
decedent as determined by the insurer
(defined in § 9.1(c) of this part) under
the laws of the domicile of the decedent
at the time of the decedent’s death.
(ii) Payment of Servicemembers’
Group Life Insurance or Veterans’ Group
Life Insurance proceeds or a
Servicemembers’ Group Life Insurance
Traumatic Injury Protection benefit to
any person under paragraph (e)(4)(i) of
this section shall bar recovery of those
proceeds or that benefit by any other
person.
*
*
*
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*
[FR Doc. 2012–24391 Filed 10–2–12; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2010–1014; FRL–9734–4]
Approval and Promulgation of
Implementation Plans; Kentucky
110(a)(1) and (2) Infrastructure
Requirements for the 1997 and 2006
Fine Particulate Matter National
Ambient Air Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is taking final action to
approve in part, and conditionally
approve in part, the State
Implementation Plan (SIP) revisions,
submitted by the Commonwealth of
Kentucky through the Kentucky Energy
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SUMMARY:
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and Environment Cabinet, Division for
Air Quality (DAQ), as demonstrating
that the Commonwealth meets certain
requirements of sections 110(a)(1) and
(2) of the Clean Air Act (CAA or the Act)
for the 1997 annual and 2006 24-hour
fine particulate matter (PM2.5) national
ambient air quality standards (NAAQS).
Section 110(a) of the CAA requires that
each state adopt and submit a SIP for
the implementation, maintenance, and
enforcement of each NAAQS
promulgated by EPA, which is
commonly referred to as an
‘‘infrastructure’’ SIP. The
Commonwealth certified that the
Kentucky SIP contains provisions that
ensure the 1997 annual and 2006 24hour PM2.5 NAAQS are implemented,
enforced, and maintained in the
Commonwealth (hereafter referred to as
‘‘infrastructure submission’’). With the
exception of elements 110(a)(2)(C),
110(a)(2)(D)(i), 110(a)(2)(E)(ii) and
110(a)(2)(J), EPA is today finalizing its
determination that Kentucky’s
infrastructure submissions, provided to
EPA on August 26, 2008, and July 17,
2012, addressed all the required
infrastructure elements for the 1997
annual and 2006 24-hour PM2 NAAQS.
In addition, EPA is today taking final
action to approve Kentucky’s July 17,
2012, submittal addressing the
requirements of section 128 of the CAA.
Final approval of these substantive
revisions to the Kentucky SIP also
enables EPA to take final action today
approving the Commonwealth’s
infrastructure SIP as meeting the state
board requirements of section
110(a)(2)(E)(ii). Lastly, EPA is taking
final action to conditionally approve
elements 110(a)(2)(C) and (J) of
Kentucky’s 1997 annual and 2006 24hour PM2.5 NAAQS infrastructure SIP.
DATES: This rule is effective November
2, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2010–1014. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Regulatory Development Section,
Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
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60307
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Sean Lakeman, Regulatory Development
Section, Air Planning Branch, Air,
Pesticides and Toxics Management
Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street
SW., Atlanta, Georgia 30303–8960. The
telephone number is (404) 562–9043.
Mr. Lakeman can be reached via
electronic mail at
lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. This Action
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
Upon promulgation of a new or
revised NAAQS, sections 110(a)(1) and
(2) of the CAA require states to address
basic SIP requirements, including
emissions inventories, monitoring, and
modeling to assure attainment and
maintenance for that new NAAQS. On
July 18, 1997 (62 FR 38652), EPA
promulgated a new annual PM2.5
NAAQS and on October 17, 2006 (71 FR
61144), EPA promulgated a new 24-hour
NAAQS. On August 3, 2012, EPA
proposed to approve in part, and
conditionally approve in part,
Kentucky’s August 26, 2008, and July
17, 2012, infrastructure submissions for
the 1997 annual and 2006 24-hour PM2.5
NAAQS. See 77 FR 46352. A summary
of the background for today’s final
action is provided below. See EPA’s
August 3, 2012, proposed rulemaking at
77 FR 46352 for more detail.
Section 110(a) of the CAA requires
states to submit SIPs to provide for the
implementation, maintenance, and
enforcement of a new or revised
NAAQS within three years following
the promulgation of such NAAQS, or
within such shorter period as EPA may
prescribe. Section 110(a) imposes the
obligation upon states to make a SIP
submission to EPA for a new or revised
NAAQS, but the contents of that
submission may vary depending upon
the facts and circumstances. The data
and analytical tools available at the time
the state develops and submits the SIP
for a new or revised NAAQS affects the
content of the submission. The contents
E:\FR\FM\03OCR1.SGM
03OCR1
]]>Agencies
[Federal Register Volume 77, Number 192 (Wednesday, October 3, 2012)]
[Rules and Regulations]
[Pages 60304-60307]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24391]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 9
RIN 2900-AN40
Servicemembers' Group Life Insurance and Veterans' Group Life
Insurance--Slayer's Rule Exclusion
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: The Department of Veterans Affairs (VA) is amending its
regulations governing Servicemembers' Group Life Insurance (SGLI) and
Veterans' Group Life Insurance (VGLI) to prohibit payment of insurance
proceeds payable
[[Page 60305]]
because of the death of a person whose life was insured under SGLI or
VGLI (decedent) or payment of a SGLI Traumatic Injury Protection
(TSGLI) benefit to a person who is convicted of intentionally and
wrongfully killing the decedent or determined in a civil proceeding to
have intentionally and wrongfully killed the decedent (slayer) and to
any family member of the slayer. These provisions apply also to any
person who assisted the slayer in causing the death of the decedent.
Additionally, this document contains an interim final amendment that
defines the term ``member of the family'' not to include a ``domestic
partner.''
DATES: Effective Date: This final rule is effective November 2, 2012.
Applicability Date: This rule is applicable to any claim for SGLI
or VGLI proceeds, including a claim for a payment under 38 CFR 9.20,
Traumatic injury protection, filed on or after November 2, 2012, and to
any such claim filed before that date that has not been paid or denied
as of that date.
Comment Date: Comments on the omission of the term ``domestic
partner'' from the definition of a ``member of the family'' must be
submitted by December 3, 2012.
ADDRESSES: Written comments may be submitted through
www.Regulations.gov; by mail or hand-delivery to Director, Regulations
Management (02REG), Department of Veterans Affairs, 810 Vermont Avenue
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-AN40--Servicemembers' Group Life Insurance and Veterans' Group
Life Insurance--Slayer's Rule Exclusion.'' Copies of comments received
will be available for public inspection in the Office of Regulation
Policy and Management, Room 1063B, between the hours of 8:00 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 may be viewed online
through the Federal Docket Management System (FDMS) at
www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT: Monica Keitt, Attorney/Advisor,
Department of Veterans Affairs Regional Office and Insurance Center
(310/290B), 5000 Wissahickon Avenue, P.O. Box 8079, Philadelphia, PA
19101, (215) 842-2000, ext. 2905. (This is not a toll-free number.)
SUPPLEMENTARY INFORMATION: On December 13, 2011, VA published in the
Federal Register (76 FR 77455) a proposed rule to amend VA regulations
governing the payment of SGLI or VGLI proceeds and benefit payments
under the TSGLI program. Specifically, VA proposed to amend 38 CFR 9.1
and 9.5 to prohibit payment of SGLI or VGLI proceeds or a TSGLI benefit
to: (1) A person who is convicted of intentionally killing the decedent
or determined in a civil proceeding to have intentionally killed the
decedent (known hereafter as the ``slayer''); (2) a member of the
slayer's family who is not related to the decedent by blood, legal
adoption, or marriage; and (3) a member of the slayer's family who is
related to the decedent by blood, legal adoption, or marriage and is
convicted of a crime involving the intentional killing of the decedent
or determined in a civil proceeding to have been involved in the
intentional killing of the decedent.
Interested persons were invited to submit written comments on or
before February 13, 2012. We received one comment, from Vietnam
Veterans of America (VVA) concerning the terms used in, and the
complexity of some of the language of, the proposed regulation. Based
on internal agency reconsideration of the proposed regulation and the
comment received from VVA, VA is making the following changes to the
proposed rule.
First, VVA recommended adding the words ``and wrongfully'' and
``and wrongful'' as part of the descriptions provided in proposed Sec.
9.5(e)(2)(i) and (iii), respectively. VA agrees with VVA's
recommendation to include the words ``and wrongfully'' in Sec.
9.5(e)(2)(i) because those words speak to the heinous aspect of the
slayer's act that violates public policy. In order to be consistent, we
will also add ``and wrongfully'' to Sec. 9.1(l). In addition, this
language is consistent with the language used in 38 CFR 3.11, which
prohibits the payment of certain VA benefits to ``[a]ny person who has
intentionally and wrongfully caused the death of another person'' if
the benefits would be payable by reason of that death. The language of
38 CFR 3.11 serves as an appropriate model for the SGLI and VGLI
Slayer's Rule Exclusion. However, VA did not incorporate the words
``and wrongful'' into proposed Sec. 9.5(e)(2)(iii) because that
provision has been completely revised in accordance with VVA's second
recommendation to prohibit payment of insurance benefits to the family
members of either the slayer or anyone who aided or assisted the slayer
in causing the death of the decedent.
Second, VVA recommended simplifying the language of proposed Sec.
9.5(e)(2) to make the regulation easier to understand as it relates to
the persons who are prohibited from receiving insurance proceeds and
benefits. VA agrees with VVA's suggestion and has modified the language
of Sec. 9.5(e)(2) to clarify the intent of the proposed rule that the
slayer, anyone who assists the slayer in causing the death of the
decedent, and the family members of the slayer or anyone who assists
the slayer be prohibited from receiving insurance proceeds or benefits
payable because of the decedent's death. Although proposed Sec.
9.5(e)(2) included anyone who is convicted or found civilly liable for
the death of the decedent, which would imply inclusion of an
accomplice, the modified rule language removes any ambiguity regarding
the inclusion of an accomplice under Sec. 9.5(e)(2).
Third, VVA suggested changing the term ``surviving spouse'' in
proposed Sec. 9.5(e)(4)(i)(B) with the term ``widow or widower'' to
make the reference consistent with the terms used in Chapter 19 of
title 38, United States Code (U.S.C.). VA agrees with this suggestion
and has altered the regulatory text accordingly. Use of the term
``widow or widower'' is consistent with the language of 38 U.S.C.
1970(a), which provides the order of preference for payments of SGLI
and VGLI proceeds.
Finally, based on internal agency review, VA is removing proposed
Sec. 9.1(l)(6), which included ``[d]omestic partner'' as a ``member of
the family'' for purposes of the provisions in Sec. 9.5(e)(2), due to
the unsettled legal landscape surrounding the recognition of such
partnerships. Because recognition of the legality of such relationships
varies from state to state, VA has determined that including such
partnerships in this part would cause an undue administrative burden.
The public is invited to comment on the omission of the term ``domestic
partner'' from the definition of a ``member of the family.''
For the reasons discussed above, VA is adopting the proposed rule
as a final rule with the above-noted changes.
Administrative Procedure Act
Regarding the interim final amendment that defines the term
``member of the family'' within this final rule at 38 CFR 9.1(l) not to
include a ``domestic partner,'' we find, pursuant to 5 U.S.C.
553(b)(B), that there is good cause to dispense with advance public
notice. As noted above, the legal landscape surrounding the recognition
of such partnerships is unsettled. Therefore, at this time, the term's
inclusion in the definition of a ``member of the family'' would be
impracticable
[[Page 60306]]
and contrary to the public interest. Accordingly, VA is issuing this
final rule with an interim final amendment to omit the term ``domestic
partner'' from Sec. 9.1(l).
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 year. This final rule will have no such effect on
State, local, and tribal governments or on the private sector.
Paperwork Reduction Act
This final rule contains no provisions constituting a collection of
information under the Paperwork Reduction Act (44 U.S.C. 3501-3521).
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 regulatory action have been examined, and it has
been determined not to be a significant regulatory action under
Executive Order 12866.
Regulatory Flexibility Act
The Secretary of Veterans Affairs 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. 601-612. This final rule will directly affect
only individuals and will not directly affect any small entities.
Therefore, pursuant to 5 U.S.C. 605(b), this final rule is exempt from
the initial and final regulatory flexibility analysis requirements of
sections 603 and 604.
Catalog of Federal Domestic Assistance Number and Title
The Catalog of Federal Domestic Assistance number and title for the
program affected by this document 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 September 28, 2012, for publication.
List of Subjects in 38 CFR Part 9
Life insurance, Military personnel, Veterans.
Dated: September 28, 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, VA amends 38 CFR part 9 as
set forth below:
PART 9--SERVICEMEMBERS' GROUP LIFE INSURANCE AND VETERANS' GROUP
LIFE INSURANCE
0
1. The authority citation for part 9 continues to read as follows:
Authority: 38 U.S.C. 501, 1965-1980A, unless otherwise noted.
0
2. Amend Sec. 9.1 by adding a new paragraph (l) to read as follows:
Sec. 9.1 Definitions.
* * * * *
(l) The term member of the family as used in Sec. 9.5(e)(2) means
an individual with any of the following relationships to a person who
is convicted of intentionally and wrongfully killing the decedent or
determined in a civil proceeding to have intentionally and wrongfully
killed the decedent:
(1) Spouse;
(2) Biological, adopted, or step child;
(3) Biological, adoptive, or step parent;
(4) Biological, adopted, or step sibling; or
(5) Biological, adoptive, or step grandparent or grandchild.
* * * * *
0
3. Amend Sec. 9.5 by adding paragraph (e) to read as follows:
Sec. 9.5 Payment of proceeds.
* * * * *
(e)(1) The proceeds payable because of the death of an individual
insured under Servicemembers' Group Life Insurance or Veterans' Group
Life Insurance (``decedent'') shall not be payable to any person
described in paragraph (e)(2) of this section. A Servicemembers' Group
Life Insurance Traumatic Injury Protection benefit payable under Sec.
9.20(j)(3) shall not be payable to any person described in paragraph
(e)(2) of this section.
(2) The persons described in this paragraph are:
(i) A person who is convicted of intentionally and wrongfully
killing the decedent or determined in a civil proceeding to have
intentionally and wrongfully killed the decedent;
(ii) A person who is convicted of assisting or aiding, or
determined in a civil proceeding to have assisted or aided, a person
described in paragraph (e)(2)(i) of this section; and
(iii) A member of the family of a person described in paragraph
(e)(2)(i) or (e)(2)(ii) of this section who is not related to the
decedent by blood, legal adoption, or marriage.
(3) The Servicemembers' Group Life Insurance or Veterans' Group
Life Insurance proceeds or Servicemembers' Group Life Insurance
Traumatic Injury Protection benefit not payable under paragraph (e)(1)
of this section to any person described in paragraph (e)(2) of this
section is not payable to such persons even though the criminal
conviction or civil determination is pending appeal.
(4)(i) Servicemembers' Group Life Insurance or Veterans' Group Life
Insurance proceeds or a Servicemembers' Group Life Insurance Traumatic
Injury Protection benefit not payable under paragraphs (e)(1) and
(e)(2) of this section shall be payable to the first person or persons
listed in paragraphs (e)(4)(i)(A) through (F) of
[[Page 60307]]
this section who are surviving on the date of the decedent's death in
the following order of precedence:
(A) To the next eligible beneficiary designated by the decedent in
a writing received by the appropriate office of the applicable
uniformed service before the decedent's death in the uniformed services
in the case of Servicemembers' Group Life Insurance proceeds or a
Servicemembers' Group Life Insurance Traumatic Injury Protection
benefit, or in a writing received by the administrative office defined
in Sec. 9.1(b) of this part before the decedent's death in the case of
Veterans' Group Life Insurance proceeds;
(B) To the decedent's widow or widower;
(C) To the decedent's child or children, in equal shares, and
descendants of deceased children by representation;
(D) To the decedent's parents, in equal shares, or to the survivor
of them;
(E) To the duly appointed executor or administrator of the
decedent's estate;
(F) To other next of kin of the decedent as determined by the
insurer (defined in Sec. 9.1(c) of this part) under the laws of the
domicile of the decedent at the time of the decedent's death.
(ii) Payment of Servicemembers' Group Life Insurance or Veterans'
Group Life Insurance proceeds or a Servicemembers' Group Life Insurance
Traumatic Injury Protection benefit to any person under paragraph
(e)(4)(i) of this section shall bar recovery of those proceeds or that
benefit by any other person.
* * * * *
[FR Doc. 2012-24391 Filed 10-2-12; 8:45 am]
BILLING CODE 8320-01-P
