Veterans' Mortgage Life Insurance-Coverage Amendment, 71658-71661 [2016-25025]
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Federal Register / Vol. 81, No. 201 / Tuesday, October 18, 2016 / Proposed Rules
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[FR Doc. 2016–25075 Filed 10–17–16; 8:45 am]
BILLING CODE 1410–72–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 8a
RIN 2900–AP49
Veterans’ Mortgage Life Insurance—
Coverage Amendment
Department of Veterans Affairs.
Proposed rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) proposes to amend its
regulations governing the Veterans’
Mortgage Life Insurance (VMLI)
program in order to provide VMLIeligible individuals the option to lower
their premiums by purchasing less than
the minimum coverage amount required
under current VA regulations. The
proposed rule would also amend
current VA regulations to reflect that the
statutory maximum amount of coverage
available under the VMLI program was
previously increased to $200,000, to
define the term ‘‘eligible individual,’’
and to clarify that eligibility for VMLI
coverage has been extended to include
servicemembers as well as veterans.
These additional amendments are
necessary to conform the existing
regulations to current statutory
provisions.
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SUMMARY:
Comments must be received on
or before December 19, 2016.
ADDRESSES: Written comments may be
submitted through https://
www.Regulations.gov; by mail or hand
delivery to Director, Regulation Policy
and Management (00REG), Department
DATES:
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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–
AP49—Veterans’ Mortgage Life
Insurance—Coverage Amendment.’’
Copies of comments received will be
available for public inspection in the
Office of Regulation Policy and
Management, Room 1068, 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 may be viewed online
through the Federal Docket Management
System (FDMS) at https://
www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Jeanne King, Attorney-Advisor,
Insurance Service, Department of
Veterans Affairs (310/290B), 5000
Wissahickon Avenue, P.O. Box 8079,
Philadelphia, PA 19101, (215) 842–
2000, ext. 4839. (This is not a toll-free
number.)
SUPPLEMENTARY INFORMATION: The
Veterans’ Mortgage Life Insurance
(VMLI) program was established in 1971
to provide mortgage protection
insurance to service-disabled veterans
who receive Specially Adapted Housing
Grants from VA. Under 38 U.S.C.
2106(g), the amount of VMLI coverage
for a veteran is the amount necessary to
pay the veteran’s mortgage indebtedness
in full, except as limited by section
2106(b) or ‘‘regulations prescribed by
the Secretary under this section.’’
Section 2106(b) currently limits the
amount of VMLI available to $200,000.
Therefore, currently, a veteran who has
a mortgage indebtedness that is greater
than $200,000 and seeks VMLI must be
covered in the amount of $200,000 and
pay the corresponding premiums for
such coverage. VA has concluded that
requiring this level of coverage in such
circumstance may cause some
individuals to forego VMLI protection
because they cannot afford the
premiums. To address this specific
problem and to allow veterans to pay
lower premiums regardless of their
mortgage indebtedness, VA proposes to
exercise its explicit statutory authority
set forth in section 2106(g) and amend
its regulations to permit program
participants to lower their premiums by
carrying VMLI in an amount less than
both the $200,000 statutory maximum
and the amount necessary to pay the
covered mortgage indebtedness in full.
As noted, paying the premiums on the
level of coverage required under current
regulations can present a financial
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hardship to individuals insured under
the program. We realize that allowing
eligible individuals to carry an amount
of VMLI lower than the amount
outstanding on the mortgage loan may
result in circumstances where an
insured dies with a balance on the loan
that exceeds the amount of VMLI in
effect, which currently occurs when an
individual’s mortgage balance exceeds
the statutory maximum level of
coverage. In such a situation, the
individual’s survivors may have to
assume payment on the mortgage.
However, VA believes that it is
preferable for individuals to participate
in the VMLI program to the extent they
can financially, rather than foregoing
coverage entirely because they cannot
afford it. If an eligible individual opts
out of the program, and then dies with
an outstanding balance on the loan, his
or her survivors could ultimately be
forced to assume an even greater
indebtedness than if the individual had
carried partial VMLI coverage.
Individuals often seek to lower their
VMLI premiums by requesting an
amount of coverage less than both the
statutory limit and the amount
necessary to pay the mortgage
indebtedness in full. For example, from
January 1, 2005, to December 31, 2010,
when the statutory coverage limit was
$90,000, VA received 231 requests to
terminate existing VMLI coverage. VA
reviewed approximately 100 requests to
determine if financial hardship was a
factor in individuals’ decisions to
terminate coverage. Thirty percent of
veterans who terminated their coverage
during that period stated that the
premium charged for their coverage was
the main factor motivating their
requests.
Effective October 1, 2011, the
Veterans’ Benefits Act of 2010 raised the
statutory maximum coverage for VMLI
from $90,000 to $150,000, and to
$200,000 after January 1, 2012. See
Public Law 111–275, Title IV, § 407, 124
Stat. 2864, 2880. Depending on a
veteran’s age and mortgage balance, this
statutory change could cause an
individual’s monthly premiums to
increase by almost $400.00—from less
than $460.00 to more than $850.00 per
month. As such, VA has concluded that,
because premiums for the new statutory
maximum amount of $200,000 are
considerably higher than premiums for
the former maximum amount, an
increasing number of individuals may
terminate their VMLI coverage or
decline coverage entirely unless VA
offers options to buy a lesser amount of
VMLI.
To promptly address this problem,
VA adopted an interim policy allowing
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insureds to select less than both the
statutory maximum and their
outstanding mortgage balance. VA
implemented this interim policy to
avoid unintended harm to program
participants. VA now seeks to amend its
regulations to make this policy
permanent.
In establishing the VMLI program,
Congress intended to provide seriously
disabled veterans with a reasonable
level of mortgage protection insurance.
If individuals decline coverage because
they cannot afford the premiums, the
purpose of the program is undermined.
Therefore, VA proposes to amend its
Part 8a regulations to reflect the new
statutory maximum and provide
program participants the option to select
a more affordable level of coverage that
is lower than both the statutory
maximum and their outstanding
mortgage balance. VA believes this
change would benefit all VMLI-eligible
individuals because it would provide
needed flexibility in the program and
empower veterans to decide what level
of coverage they can afford. As
explained above, VA has concluded that
it is preferable for individuals to make
their own financial decisions as to what
level of VMLI they can afford, rather
than foregoing coverage because they
cannot afford a higher amount
mandated by statute. Absent VA’s
proposed amendment, current
regulations would likely prompt some
veterans to decline VMLI coverage
because they cannot afford the required
premiums, ultimately forcing more
survivors into greater mortgage debt
than if partial VMLI coverage were
available.
We interpret 38 U.S.C. 2106 as
authorizing VA to prescribe regulations
permitting VMLI coverage in amounts
less than the statutory maximum and
the outstanding mortgage indebtedness.
Section 2106(g) requires that VMLI
participants carry the amount of
insurance necessary to pay their
mortgage indebtedness in full, but
explicitly authorizes the Secretary to
prescribe an exception to this
requirement. Moreover, section 2106(b)
imposes a cap of $200,000 in coverage
but does not mandate that VMLI
participants carry the maximum amount
of coverage available. Therefore, VA’s
proposed amendments to its regulations
are implicitly authorized by 38 U.S.C.
2106.
The proposed amendment would
exercise this authority by amending 38
CFR 8a.1(c) and 38 CFR 8a.2(a) to
provide insureds with the option to
select a more affordable level of
coverage. We propose to revise the term
‘‘initial amount of insurance’’ in
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§ 8a.1(c) to mean ‘‘the amount of
insurance selected by the insured,
which may be less than the statutory
maximum of $200,000 and less than the
amount necessary to pay the mortgage
indebtedness in full.’’ This change
would make clear that VMLI-eligible
individuals are authorized to carry such
VMLI coverage as they select, up to the
lesser of the $200,000 statutory
maximum or the amount necessary to
pay their mortgage indebtedness in full.
We would also amend § 8a.2(a) and
(b)(1) and § 8a.4(b) and (c) to reflect that
the current statutory maximum of VMLI
coverage, as previously increased, is
$200,000.
The proposed amendments to 38 CFR
8a.4(b)–(c) removing ‘‘available to’’ and
adding in its place ‘‘selected by’’ are
designed to ensure conformity with this
change by making clear that the amount
of insurance on the life of the eligible
individual may be a reduced amount
selected by the eligible individual, up to
the lesser of the $200,000 statutory
maximum or the amount necessary to
pay their mortgage indebtedness in full.
For the reasons discussed above, these
amendments would benefit veterans and
their beneficiaries by adding needed
flexibility to the program and
empowering individuals to make
financial decisions based on the level of
VMLI coverage they can afford. While
such decisions require veterans and
their families to consider the financial
risk of choosing a lower amount of
VMLI that may not cover their mortgage
indebtedness in full, we feel that such
personal financial decisions are best left
to veterans and their families.
Accordingly, VA’s proposed
amendments seek to provide veterans
with the flexibility to choose the level
of VMLI coverage that meets their
financial needs. In doing so, we seek to
minimize the number of eligible
individuals who opt out of the program
for financial reasons, and reduce
instances where a veteran’s survivors
must assume greater indebtedness than
if the veteran had carried at least partial
VMLI coverage. In short, VA has
concluded that veterans should enjoy
the option to obtain VMLI coverage
tailored to their specific needs.
We also propose a number of
technical changes to 38 CFR part 8a to
ensure consistency with current
statutory authority. In the Housing and
Economic Recovery Act of 2008,
Congress extended eligibility for VMLI
coverage to servicemembers in addition
to veterans. See Public Law 110–289,
section 2602, 122 Stat. 2654, 2858–2860.
We propose to add a new definition of
‘‘eligible individual’’ at § 8a.1(f) to
reflect this extension of eligibility for
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VMLI coverage and replace the term
veteran with individual wherever
appropriate in §§ 8a.1 through 8a.4.
These substitutions would not cause
any substantive change other than that
brought about by Public Law 110–289.
Additionally, we propose one
technical change to 38 CFR 8a.2(b)(8),
which currently prescribes, ‘‘[a]ll
claims, arising out of the deaths of
insured veterans occurring prior to (date
of final publication), shall be subject to
the provisions of paragraph (a) of this
section then in effect which limited the
amount of VMLI coverage to a lifetime
maximum per eligible veteran.’’ The
parenthetical ‘‘(date of final
publication)’’ appears to have been
erroneously maintained in the Code of
Federal Regulations, rather than being
replaced by the appropriate date. We are
correcting this error by striking ‘‘(date of
final publication)’’ and inserting
‘‘December 24, 1987,’’ which is the
effective date of the final rule that
codified that regulation. See 52 FR
26356–01 (July 14, 1987) (proposed); 52
FR 48681–02 (Dec. 24, 1987) (final). No
substantive change is intended.
We would also revise the authority
citations at the end of § 8a.2 and § 8a.4
and add authority citations at the end of
§ 8a.1 and § 8a.3 to cite to 38 U.S.C. 501,
2101, 2101A, and 2106.
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 proposed rule would
have no such effect on State, local, and
tribal governments or on the private
sector.
Paperwork Reduction Act
This proposed rule contains no
provisions constituting a collection of
information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3521).
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).
Executive Order 13563 (Improving
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Regulation and Regulatory Review)
emphasizes the importance of
quantifying both costs and benefits,
reducing costs, harmonizing rules, and
promoting flexibility. Executive Order
12886 (Regulatory Planning and
Review) defines a ‘‘significant
regulatory action,’’ which requires
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 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. VA’s impact analysis can be
found as a supporting document at
https://www.regulations.gov, usually
within 48 hours after the rulemaking
document is published. Additionally, a
copy of the rulemaking and its impact
analysis are available on VA’s Web site
at https://www.va.gov/orpm/, by
following the link for ‘‘VA Regulations
Published From FY 2004 Through Fiscal
Year to Date.’’
Regulatory Flexibility Act
The Secretary of Veterans Affairs
hereby certifies that this proposed rule
would 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 proposed rule would directly
affect only individuals and would not
directly affect any small entities.
Therefore, pursuant to 5 U.S.C. 605(b),
this rulemaking 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 number and title for the
program affected by this document is
64.103, Life Insurance for Veterans.
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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. Gina
S. Farrisee, Deputy Chief of Staff,
Department of Veterans Affairs,
approved this document on October 7,
2016, for publication.
Dated: October 7, 2016.
Jeffrey Martin,
Office Program Manager, Office of Regulation
Policy & Management, Office of the Secretary,
Department of Veterans Affairs.
List of Subjects in 38 CFR Part 8a
Life insurance, Mortgage insurance,
Veterans.
For the reasons stated in the
preamble, VA proposes to amend 38
CFR part 8a as set forth below:
PART 8a—VETERANS MORTGAGE
LIFE INSURANCE
1. The authority citation for part 8a
continues to read as follows:
■
Authority: 38 U.S.C. 501, and 2101
through 2106, unless otherwise noted.
2. Amend § 8a.1 as follows:
a. In paragraph (a), remove ‘‘veteran’’
each place it appears and add in its
place ‘‘individual’’;
■ b. In paragraph (b), remove ‘‘veterans’’
the second time it appears and add in
its place ‘‘individuals’’;
■ c. Revise paragraph (c);
■ d. In paragraph (d), remove ‘‘veteran’’
and add in its place ‘‘individual’’;
■ e. In paragraph (e) introductory text,
remove ‘‘veteran’’ and add in its place
‘‘individual’’;
■ f. Add paragraph (f); and
■ g. Add an authority citation to the end
of the section.
The revision and additions read as
follows:
■
■
§ 8a.1
Definitions.
*
*
*
*
*
(c) The term initial amount of
insurance means the amount of
insurance selected by the insured,
which may be less than the statutory
maximum of $200,000 and less than the
amount necessary to pay the mortgage
indebtedness in full.
*
*
*
*
*
(f) The term eligible individual means
a person who has been determined by
the Secretary to be eligible for benefits
pursuant to 38 U.S.C. chapter 21.
(Authority: 38 U.S.C. 501, 2101, 2101A,
2106)
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3. Amend § 8a.2 as follows:
a. In paragraph (a), remove ‘‘veteran’’
each place it appears and add in its
place ‘‘individual’’, remove ‘‘$90,000’’
and add in its place ‘‘$200,000’’, and
add ‘‘an initial amount of insurance’’
between ‘‘authorized’’ and ‘‘up’’;
■ b. In paragraph (b)(1), remove
‘‘$90,000’’ and add in its place
‘‘$200,000’’;
■ c. In paragraph (b)(2), remove
‘‘veteran’’ and add in its place
‘‘individual’’;
■ d. In paragraph (b)(3), remove
‘‘veteran’’ each place it appears and add
in its place ‘‘individual’’;
■ e. In paragraph (b)(4), remove
‘‘veteran’’ each place it appears and add
in its place ‘‘individual’’;
■ f. In paragraph (b)(5), remove
‘‘veteran’’ and add in its place
‘‘individual’’;
■ g. In paragraph (b)(6), remove
‘‘veteran’’ each place it appears and add
in its place ‘‘individual’’;
■ h. In paragraph (b)(7), remove
‘‘veterans’’ each place it appears and
add in its place ‘‘individuals’’;
■ i. In paragraph (b)(8), remove
‘‘veteran’’ and add in its place
‘‘individual’’, remove ‘‘veterans’’ and
add in its place ‘‘individuals’’, and
remove ‘‘(date of final publication)’’ and
add in its place ‘‘December 24, 1987’’;
■ j. In paragraph (c), remove ‘‘veteran’’
and add in its place ‘‘individual’’; and
■ k. Revise the authority citation at the
end of section.
The revision reads as follows:
■
■
§ 8a.2
*
Maximum amount of insurance.
*
*
*
*
(Authority: 38 U.S.C. 501, 2101, 2101A,
2106)
4. Amend § 8a.3 as follows:
a. In paragraph (a), remove ‘‘veteran’’
each place it appears and add in its
place ‘‘individual’’;
■ b. In paragraph (b), remove ‘‘veteran’’
each place it appears and add in its
place ‘‘individual’’;
■ c. In paragraph (c), remove ‘‘a
veteran’’ and add in its place ‘‘an
individual’’, and remove ‘‘the veteran’’
each place it appears and add in its
place ‘‘the individual’’;
■ d. In paragraph (d), remove ‘‘veteran’’
each place it appears and add in its
place ‘‘individual’’;
■ e. In paragraph (e), remove ‘‘veteran’’
each place it appears and add in its
place ‘‘individual’’; and
■ f. Add an authority citation to the end
of the section.
The addition reads as follows:
■
■
§ 8a.3
*
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Effective date.
*
*
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*
Federal Register / Vol. 81, No. 201 / Tuesday, October 18, 2016 / Proposed Rules
(Authority: 38 U.S.C. 501, 2101, 2101A,
2106)
5. Amend § 8a.4 as follows:
a. In paragraph (b), remove ‘‘$90,000’’
each place it appears and add in its
place ‘‘$200,000’’, remove ‘‘available to’’
each place it appears and add in its
place ‘‘selected by’’, and remove
‘‘veteran’’ each place it appears and add
in its place ‘‘individual’’;
■ b. In paragraph (c), remove ’’$90,000’’
and add in its place ‘‘$200,000’’, remove
‘‘available to’’ and add in its place
‘‘selected by’’, remove ‘‘eligible veteran’’
each place it appears and add in its
place ‘‘eligible individual’’, and remove
‘‘a veteran’’ and add in its place ‘‘an
individual’’; and
■ c. Revise the authority citation at the
end of section.
The revision reads as follows:
■
■
§ 8a.4
*
Coverage.
*
*
*
*
(Authority: 38 U.S.C. 501, 2101, 2101A,
2106)
[FR Doc. 2016–25025 Filed 10–17–16; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[EPA–HQ–OAR–2010–0682; FRL–9954–25–
OAR]
RIN 2060–AT18
National Emission Standards for
Hazardous Air Pollutant Emissions:
Petroleum Refinery Sector
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
On December 1, 2015, the
Environmental Protection Agency (EPA)
finalized amendments to the National
Emission Standards for Hazardous Air
Pollutants (NESHAP) Refinery
Maximum Achievable Control
Technology (MACT) 1 and Refinery
MACT 2 regulations and the New
Source Performance Standards (NSPS)
for petroleum refineries. Subsequently,
the EPA received three petitions for
reconsideration of the final rules. The
EPA is announcing reconsideration and
request for public comment on five
issues raised in the petitions for
reconsideration where petitioners claim
that the public was not afforded an
opportunity to comment. Additionally,
the EPA is proposing amendments to
the final rule to clarify a compliance
issue raised by stakeholders subject to
the final rule and to correct a
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referencing error. The EPA is seeking
comment only on the five identified
petition issues and on the proposed
compliance issue clarification and
referencing error amendments. The EPA
will not respond to comments
addressing any other issues or any other
provisions of the final rule.
DATES: Comments must be received on
or before December 2, 2016.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2010–0682, at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
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The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
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commenting-epa-dockets.
Instructions. Direct your comments to
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comments received will be included in
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Document Control Officer (C404–02),
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Park, North Carolina 27711, Attention
Docket ID No. EPA–HQ–OAR–2010–
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E:\FR\FM\18OCP1.SGM
18OCP1
Agencies
[Federal Register Volume 81, Number 201 (Tuesday, October 18, 2016)]
[Proposed Rules]
[Pages 71658-71661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25025]
=======================================================================
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 8a
RIN 2900-AP49
Veterans' Mortgage Life Insurance--Coverage Amendment
AGENCY: Department of Veterans Affairs.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Veterans Affairs (VA) proposes to amend its
regulations governing the Veterans' Mortgage Life Insurance (VMLI)
program in order to provide VMLI-eligible individuals the option to
lower their premiums by purchasing less than the minimum coverage
amount required under current VA regulations. The proposed rule would
also amend current VA regulations to reflect that the statutory maximum
amount of coverage available under the VMLI program was previously
increased to $200,000, to define the term ``eligible individual,'' and
to clarify that eligibility for VMLI coverage has been extended to
include servicemembers as well as veterans. These additional amendments
are necessary to conform the existing regulations to current statutory
provisions.
DATES: Comments must be received on or before December 19, 2016.
ADDRESSES: Written comments may be submitted through https://www.Regulations.gov; by mail or hand delivery to Director, Regulation
Policy and Management (00REG), 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-AP49--Veterans' Mortgage Life Insurance--Coverage
Amendment.'' Copies of comments received will be available for public
inspection in the Office of Regulation Policy and Management, Room
1068, 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 may be viewed online through the Federal Docket Management
System (FDMS) at https://www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT: Jeanne King, Attorney-Advisor,
Insurance Service, Department of Veterans Affairs (310/290B), 5000
Wissahickon Avenue, P.O. Box 8079, Philadelphia, PA 19101, (215) 842-
2000, ext. 4839. (This is not a toll-free number.)
SUPPLEMENTARY INFORMATION: The Veterans' Mortgage Life Insurance (VMLI)
program was established in 1971 to provide mortgage protection
insurance to service-disabled veterans who receive Specially Adapted
Housing Grants from VA. Under 38 U.S.C. 2106(g), the amount of VMLI
coverage for a veteran is the amount necessary to pay the veteran's
mortgage indebtedness in full, except as limited by section 2106(b) or
``regulations prescribed by the Secretary under this section.'' Section
2106(b) currently limits the amount of VMLI available to $200,000.
Therefore, currently, a veteran who has a mortgage indebtedness that is
greater than $200,000 and seeks VMLI must be covered in the amount of
$200,000 and pay the corresponding premiums for such coverage. VA has
concluded that requiring this level of coverage in such circumstance
may cause some individuals to forego VMLI protection because they
cannot afford the premiums. To address this specific problem and to
allow veterans to pay lower premiums regardless of their mortgage
indebtedness, VA proposes to exercise its explicit statutory authority
set forth in section 2106(g) and amend its regulations to permit
program participants to lower their premiums by carrying VMLI in an
amount less than both the $200,000 statutory maximum and the amount
necessary to pay the covered mortgage indebtedness in full.
As noted, paying the premiums on the level of coverage required
under current regulations can present a financial hardship to
individuals insured under the program. We realize that allowing
eligible individuals to carry an amount of VMLI lower than the amount
outstanding on the mortgage loan may result in circumstances where an
insured dies with a balance on the loan that exceeds the amount of VMLI
in effect, which currently occurs when an individual's mortgage balance
exceeds the statutory maximum level of coverage. In such a situation,
the individual's survivors may have to assume payment on the mortgage.
However, VA believes that it is preferable for individuals to
participate in the VMLI program to the extent they can financially,
rather than foregoing coverage entirely because they cannot afford it.
If an eligible individual opts out of the program, and then dies with
an outstanding balance on the loan, his or her survivors could
ultimately be forced to assume an even greater indebtedness than if the
individual had carried partial VMLI coverage.
Individuals often seek to lower their VMLI premiums by requesting
an amount of coverage less than both the statutory limit and the amount
necessary to pay the mortgage indebtedness in full. For example, from
January 1, 2005, to December 31, 2010, when the statutory coverage
limit was $90,000, VA received 231 requests to terminate existing VMLI
coverage. VA reviewed approximately 100 requests to determine if
financial hardship was a factor in individuals' decisions to terminate
coverage. Thirty percent of veterans who terminated their coverage
during that period stated that the premium charged for their coverage
was the main factor motivating their requests.
Effective October 1, 2011, the Veterans' Benefits Act of 2010
raised the statutory maximum coverage for VMLI from $90,000 to
$150,000, and to $200,000 after January 1, 2012. See Public Law 111-
275, Title IV, Sec. 407, 124 Stat. 2864, 2880. Depending on a
veteran's age and mortgage balance, this statutory change could cause
an individual's monthly premiums to increase by almost $400.00--from
less than $460.00 to more than $850.00 per month. As such, VA has
concluded that, because premiums for the new statutory maximum amount
of $200,000 are considerably higher than premiums for the former
maximum amount, an increasing number of individuals may terminate their
VMLI coverage or decline coverage entirely unless VA offers options to
buy a lesser amount of VMLI.
To promptly address this problem, VA adopted an interim policy
allowing
[[Page 71659]]
insureds to select less than both the statutory maximum and their
outstanding mortgage balance. VA implemented this interim policy to
avoid unintended harm to program participants. VA now seeks to amend
its regulations to make this policy permanent.
In establishing the VMLI program, Congress intended to provide
seriously disabled veterans with a reasonable level of mortgage
protection insurance. If individuals decline coverage because they
cannot afford the premiums, the purpose of the program is undermined.
Therefore, VA proposes to amend its Part 8a regulations to reflect the
new statutory maximum and provide program participants the option to
select a more affordable level of coverage that is lower than both the
statutory maximum and their outstanding mortgage balance. VA believes
this change would benefit all VMLI-eligible individuals because it
would provide needed flexibility in the program and empower veterans to
decide what level of coverage they can afford. As explained above, VA
has concluded that it is preferable for individuals to make their own
financial decisions as to what level of VMLI they can afford, rather
than foregoing coverage because they cannot afford a higher amount
mandated by statute. Absent VA's proposed amendment, current
regulations would likely prompt some veterans to decline VMLI coverage
because they cannot afford the required premiums, ultimately forcing
more survivors into greater mortgage debt than if partial VMLI coverage
were available.
We interpret 38 U.S.C. 2106 as authorizing VA to prescribe
regulations permitting VMLI coverage in amounts less than the statutory
maximum and the outstanding mortgage indebtedness. Section 2106(g)
requires that VMLI participants carry the amount of insurance necessary
to pay their mortgage indebtedness in full, but explicitly authorizes
the Secretary to prescribe an exception to this requirement. Moreover,
section 2106(b) imposes a cap of $200,000 in coverage but does not
mandate that VMLI participants carry the maximum amount of coverage
available. Therefore, VA's proposed amendments to its regulations are
implicitly authorized by 38 U.S.C. 2106.
The proposed amendment would exercise this authority by amending 38
CFR 8a.1(c) and 38 CFR 8a.2(a) to provide insureds with the option to
select a more affordable level of coverage. We propose to revise the
term ``initial amount of insurance'' in Sec. 8a.1(c) to mean ``the
amount of insurance selected by the insured, which may be less than the
statutory maximum of $200,000 and less than the amount necessary to pay
the mortgage indebtedness in full.'' This change would make clear that
VMLI-eligible individuals are authorized to carry such VMLI coverage as
they select, up to the lesser of the $200,000 statutory maximum or the
amount necessary to pay their mortgage indebtedness in full. We would
also amend Sec. 8a.2(a) and (b)(1) and Sec. 8a.4(b) and (c) to
reflect that the current statutory maximum of VMLI coverage, as
previously increased, is $200,000.
The proposed amendments to 38 CFR 8a.4(b)-(c) removing ``available
to'' and adding in its place ``selected by'' are designed to ensure
conformity with this change by making clear that the amount of
insurance on the life of the eligible individual may be a reduced
amount selected by the eligible individual, up to the lesser of the
$200,000 statutory maximum or the amount necessary to pay their
mortgage indebtedness in full. For the reasons discussed above, these
amendments would benefit veterans and their beneficiaries by adding
needed flexibility to the program and empowering individuals to make
financial decisions based on the level of VMLI coverage they can
afford. While such decisions require veterans and their families to
consider the financial risk of choosing a lower amount of VMLI that may
not cover their mortgage indebtedness in full, we feel that such
personal financial decisions are best left to veterans and their
families. Accordingly, VA's proposed amendments seek to provide
veterans with the flexibility to choose the level of VMLI coverage that
meets their financial needs. In doing so, we seek to minimize the
number of eligible individuals who opt out of the program for financial
reasons, and reduce instances where a veteran's survivors must assume
greater indebtedness than if the veteran had carried at least partial
VMLI coverage. In short, VA has concluded that veterans should enjoy
the option to obtain VMLI coverage tailored to their specific needs.
We also propose a number of technical changes to 38 CFR part 8a to
ensure consistency with current statutory authority. In the Housing and
Economic Recovery Act of 2008, Congress extended eligibility for VMLI
coverage to servicemembers in addition to veterans. See Public Law 110-
289, section 2602, 122 Stat. 2654, 2858-2860. We propose to add a new
definition of ``eligible individual'' at Sec. 8a.1(f) to reflect this
extension of eligibility for VMLI coverage and replace the term veteran
with individual wherever appropriate in Sec. Sec. 8a.1 through 8a.4.
These substitutions would not cause any substantive change other than
that brought about by Public Law 110-289.
Additionally, we propose one technical change to 38 CFR 8a.2(b)(8),
which currently prescribes, ``[a]ll claims, arising out of the deaths
of insured veterans occurring prior to (date of final publication),
shall be subject to the provisions of paragraph (a) of this section
then in effect which limited the amount of VMLI coverage to a lifetime
maximum per eligible veteran.'' The parenthetical ``(date of final
publication)'' appears to have been erroneously maintained in the Code
of Federal Regulations, rather than being replaced by the appropriate
date. We are correcting this error by striking ``(date of final
publication)'' and inserting ``December 24, 1987,'' which is the
effective date of the final rule that codified that regulation. See 52
FR 26356-01 (July 14, 1987) (proposed); 52 FR 48681-02 (Dec. 24, 1987)
(final). No substantive change is intended.
We would also revise the authority citations at the end of Sec.
8a.2 and Sec. 8a.4 and add authority citations at the end of Sec.
8a.1 and Sec. 8a.3 to cite to 38 U.S.C. 501, 2101, 2101A, and 2106.
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 proposed rule would have no such
effect on State, local, and tribal governments or on the private
sector.
Paperwork Reduction Act
This proposed rule contains no provisions constituting a collection
of information under the Paperwork Reduction Act of 1995 (44 U.S.C.
3501-3521).
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). Executive Order 13563 (Improving
[[Page 71660]]
Regulation and Regulatory Review) emphasizes the importance of
quantifying both costs and benefits, reducing costs, harmonizing rules,
and promoting flexibility. Executive Order 12886 (Regulatory Planning
and Review) defines a ``significant regulatory action,'' which requires
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 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. VA's impact analysis can be found as a
supporting document at https://www.regulations.gov, usually within 48
hours after the rulemaking document is published. Additionally, a copy
of the rulemaking and its impact analysis are available on VA's Web
site at https://www.va.gov/orpm/, by following the link for ``VA
Regulations Published From FY 2004 Through Fiscal Year to Date.''
Regulatory Flexibility Act
The Secretary of Veterans Affairs hereby certifies that this
proposed rule would 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 proposed rule would
directly affect only individuals and would not directly affect any
small entities. Therefore, pursuant to 5 U.S.C. 605(b), this rulemaking
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 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. Gina S.
Farrisee, Deputy Chief of Staff, Department of Veterans Affairs,
approved this document on October 7, 2016, for publication.
Dated: October 7, 2016.
Jeffrey Martin,
Office Program Manager, Office of Regulation Policy & Management,
Office of the Secretary, Department of Veterans Affairs.
List of Subjects in 38 CFR Part 8a
Life insurance, Mortgage insurance, Veterans.
For the reasons stated in the preamble, VA proposes to amend 38 CFR
part 8a as set forth below:
PART 8a--VETERANS MORTGAGE LIFE INSURANCE
0
1. The authority citation for part 8a continues to read as follows:
Authority: 38 U.S.C. 501, and 2101 through 2106, unless
otherwise noted.
0
2. Amend Sec. 8a.1 as follows:
0
a. In paragraph (a), remove ``veteran'' each place it appears and add
in its place ``individual'';
0
b. In paragraph (b), remove ``veterans'' the second time it appears and
add in its place ``individuals'';
0
c. Revise paragraph (c);
0
d. In paragraph (d), remove ``veteran'' and add in its place
``individual'';
0
e. In paragraph (e) introductory text, remove ``veteran'' and add in
its place ``individual'';
0
f. Add paragraph (f); and
0
g. Add an authority citation to the end of the section.
The revision and additions read as follows:
Sec. 8a.1 Definitions.
* * * * *
(c) The term initial amount of insurance means the amount of
insurance selected by the insured, which may be less than the statutory
maximum of $200,000 and less than the amount necessary to pay the
mortgage indebtedness in full.
* * * * *
(f) The term eligible individual means a person who has been
determined by the Secretary to be eligible for benefits pursuant to 38
U.S.C. chapter 21.
(Authority: 38 U.S.C. 501, 2101, 2101A, 2106)
0
3. Amend Sec. 8a.2 as follows:
0
a. In paragraph (a), remove ``veteran'' each place it appears and add
in its place ``individual'', remove ``$90,000'' and add in its place
``$200,000'', and add ``an initial amount of insurance'' between
``authorized'' and ``up'';
0
b. In paragraph (b)(1), remove ``$90,000'' and add in its place
``$200,000'';
0
c. In paragraph (b)(2), remove ``veteran'' and add in its place
``individual'';
0
d. In paragraph (b)(3), remove ``veteran'' each place it appears and
add in its place ``individual'';
0
e. In paragraph (b)(4), remove ``veteran'' each place it appears and
add in its place ``individual'';
0
f. In paragraph (b)(5), remove ``veteran'' and add in its place
``individual'';
0
g. In paragraph (b)(6), remove ``veteran'' each place it appears and
add in its place ``individual'';
0
h. In paragraph (b)(7), remove ``veterans'' each place it appears and
add in its place ``individuals'';
0
i. In paragraph (b)(8), remove ``veteran'' and add in its place
``individual'', remove ``veterans'' and add in its place
``individuals'', and remove ``(date of final publication)'' and add in
its place ``December 24, 1987'';
0
j. In paragraph (c), remove ``veteran'' and add in its place
``individual''; and
0
k. Revise the authority citation at the end of section.
The revision reads as follows:
Sec. 8a.2 Maximum amount of insurance.
* * * * *
(Authority: 38 U.S.C. 501, 2101, 2101A, 2106)
0
4. Amend Sec. 8a.3 as follows:
0
a. In paragraph (a), remove ``veteran'' each place it appears and add
in its place ``individual'';
0
b. In paragraph (b), remove ``veteran'' each place it appears and add
in its place ``individual'';
0
c. In paragraph (c), remove ``a veteran'' and add in its place ``an
individual'', and remove ``the veteran'' each place it appears and add
in its place ``the individual'';
0
d. In paragraph (d), remove ``veteran'' each place it appears and add
in its place ``individual'';
0
e. In paragraph (e), remove ``veteran'' each place it appears and add
in its place ``individual''; and
0
f. Add an authority citation to the end of the section.
The addition reads as follows:
Sec. 8a.3 Effective date.
* * * * *
[[Page 71661]]
(Authority: 38 U.S.C. 501, 2101, 2101A, 2106)
0
5. Amend Sec. 8a.4 as follows:
0
a. In paragraph (b), remove ``$90,000'' each place it appears and add
in its place ``$200,000'', remove ``available to'' each place it
appears and add in its place ``selected by'', and remove ``veteran''
each place it appears and add in its place ``individual'';
0
b. In paragraph (c), remove ''$90,000'' and add in its place
``$200,000'', remove ``available to'' and add in its place ``selected
by'', remove ``eligible veteran'' each place it appears and add in its
place ``eligible individual'', and remove ``a veteran'' and add in its
place ``an individual''; and
0
c. Revise the authority citation at the end of section.
The revision reads as follows:
Sec. 8a.4 Coverage.
* * * * *
(Authority: 38 U.S.C. 501, 2101, 2101A, 2106)
[FR Doc. 2016-25025 Filed 10-17-16; 8:45 am]
BILLING CODE 8320-01-P