Eligibility for Supplemental Service-Disabled Veterans' Insurance, 39974-39976 [2017-17587]

Download as PDF 39974 Federal Register / Vol. 82, No. 162 / Wednesday, August 23, 2017 / Proposed Rules will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at http:// www.regulations.gov. If your material cannot be submitted using http:// www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to http:// www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, visit http:// www.regulations.gov/privacyNotice. Documents mentioned in this NPRM as being available in the docket, and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site’s instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. List of Subjects in 33 CFR Part 165 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: ■ Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T08–0731 to read as follows: ■ pmangrum on DSK3GDR082PROD with PROPOSALS § 165.T08–0731 Safety Zone; Mississippi River, New Orleans, LA. (a) Location. The following area is a safety zone: All navigable waters of the Mississippi River between mile markers 96 and 96.5 Above Head of Passes. (b) Effective period. This rule is effective from 7:50 p.m. through 8:50 p.m. on October 28, 2017. (c) Regulations. (1) In accordance with the general regulations in § 165.23 of VerDate Sep<11>2014 14:06 Aug 22, 2017 Jkt 241001 this part, entry into this zone is prohibited unless specifically authorized by the Captain of the Port New Orleans (COTP) or designated representative. A designated representative is a commissioned, warrant, or petty officer of the U.S. Coast Guard assigned to units under the operational control of USCG Sector New Orleans. (2) Vessels requiring entry into this safety zone must request permission from the COTP or a designated representative. They may be contacted on VHF–FM Channel 16 or 67. (3) Persons and vessels permitted to enter this safety zone must transit at their slowest safe speed and comply with all lawful directions issued by the COTP or the designated representative. (d) Information broadcasts. The COTP or a designated representative will inform the public through Broadcast Notices to Mariners of any changes in the planned schedule. Dated: August 9, 2017. Wayne R. Arguin, Captain, U.S. Coast Guard, Captain of the Port New Orleans. [FR Doc. 2017–17479 Filed 8–22–17; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 8 RIN 2900–AQ03 Eligibility for Supplemental ServiceDisabled Veterans’ Insurance Department of Veterans Affairs. Proposed rule. AGENCY: ACTION: The Department of Veterans Affairs (VA) proposes to amend its regulations governing the ServiceDisabled Veterans’ Insurance (S–DVI) program in order to explain that a person who was granted S–DVI as of the date of death under is not eligible for supplemental S–DVI because the insured’s total disability did not begin after the date of the insured’s application for insurance and while the insurance was in force under premiumpaying conditions. DATES: Comments must be received on or before October 23, 2017. ADDRESSES: Written comments may be submitted through www.Regulations.gov; by mail or handdelivery to: Director, Regulations Management (00REG), Department of Veterans Affairs, 810 Vermont Ave. NW., Room 1068, Washington, DC 20420; or by fax to (202) 273–9026 (this SUMMARY: PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 is not a toll-free telephone number). Comments should indicate that they are submitted in response to ‘‘RIN 2900– AQ03—Eligibility for Supplemental Service-Disabled Veterans’ Insurance.’’ 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 Federal holidays). Please call (202) 461–4902 for an appointment (this is not a toll-free telephone number). In addition, comments may be viewed online through the Federal Docket Management System (FDMS) at www.Regulations.gov. FOR FURTHER INFORMATION CONTACT: Paul Weaver, Department of Veterans Affairs Insurance Center (310/290B), 5000 Wissahickon Avenue, Philadelphia, PA 19144, (215) 842–2000, ext. 4263 (this is not a toll-free number). SUPPLEMENTARY INFORMATION: Under 38 U.S.C. 1922(a), a veteran ‘‘suffering from a disability or disabilities for which compensation would be payable if 10 per centum or more in degree and except for which such person would be insurable according to the standards of good health’’ is eligible for S–DVI up to a maximum of $10,000 upon ‘‘application in writing made within two years from the date serviceconnection of such disability is determined by the Secretary and payment of premiums as provided in this subchapter.’’ See 38 U.S.C. 1903 (amount of insurance). Section 1922(b) of title 38, United States Code, provides in pertinent part that a veteran who qualifies for insurance under 38 U.S.C. 1922(a) but who did not apply for such insurance and who was mentally incompetent from a service-connected disability, remained mentally incompetent until the date of death, and died before the appointment of a guardian or within 2 years after the appointment of a guardian ‘‘shall be deemed to have applied for and to have been granted such insurance, as of the date of death.’’ See 38 U.S.C. 1922(b). VA refers to insurance provided under 38 U.S.C 1922(b) as ‘‘gratuitous’’ insurance. ‘‘Any person insured under section 1922(a) [of title 38, United States Code,] who qualifies for a waiver of [S–DVI] premiums under [38 U.S.C.] 1912 . . . is eligible’’ for supplemental S–DVI of up to $30,000. 38 U.S.C. 1922A(a). Section 1912(a) of title 38, United States Code, states in pertinent part: [P]ayment of premiums on insurance may be waived during the continuous total disability of the insured . . . if such disability began . . . after the date of the E:\FR\FM\23AUP1.SGM 23AUP1 Federal Register / Vol. 82, No. 162 / Wednesday, August 23, 2017 / Proposed Rules pmangrum on DSK3GDR082PROD with PROPOSALS insured’s application for insurance, [and] . . . while the insurance was in force under premium-paying conditions . . . [.] In Martin v. Shinseki, 26 Vet. App. 451, 458 (2014), the U.S. Court of Appeals for Veterans Claims (Veterans Court) held that a person granted S–DVI ‘‘as of the date of death’’ under section 1922(b) satisfies the first requirement for supplemental S–DVI in 38 U.S.C. 1922A(a), i.e., insurance under 38 U.S.C. 1922(a), because a grant of S–DVI under section 1922(b) is treated, by operation of law, as an award of the insurance under section 1922(a). However, the Veterans Court also held that a person granted S–DVI under section 1922(b) is not eligible for supplemental S–DVI because the following two requirements for a premium waiver in section 1912(a) cannot be satisfied. First, the total disability of a person insured under S– DVI under 38 U.S.C. 1922(b) began before rather than after the date of application for S–DVI because as provided in the statute, the person is ‘‘deemed to have applied for and to have been granted such insurance[ ] as of the date of death.’’ See Id. at 458–59. Second, the insured’s total disability did not begin while the S–DVI was in force under premium paying conditions because as explained above, the person was granted S–DVI as of the date of death under section 1922(b) and therefore, the insured would not have been required to pay premiums. See Id. at 459. VA proposes to add section 8.34 to title 38, Code of Federal Regulations, which would codify the last two Martin holdings by explaining that a grant of supplemental S–DVI is precluded if S– DVI was granted under section 1922(b). This would reflect the Veterans Court’s conclusion that the insured cannot qualify for a waiver of premiums under 38 U.S.C. 1912(a) because the insured’s total disability did not begin after the date of the insured’s application for insurance and while the insurance was in force under premium-paying conditions. VA’s proposed regulation would promote the continued viability of the S–DVI program. The S–DVI program is not self-supporting because S–DVI insureds pay standard premium rates which account for age but not their disabilities. See 38 U.S.C. 1922(a) (computation of premium rates). As a result, the S–DVI program requires an annual subsidy from the U.S. Treasury. VA’s budget submission for FY 2017 requested an appropriation of $77.6 million. VA estimates that, if veterans’ beneficiaries were entitled to receive both gratuitous S–DVI and VerDate Sep<11>2014 14:06 Aug 22, 2017 Jkt 241001 supplemental S–DVI for which no premiums were paid due to the death of the insured, the costs to the S–DVI program would increase by more than $1 million per year. Effect of Rulemaking Title 38 of the Code of Federal Regulations, as proposed to be revised by this rulemaking, would represent VA’s implementation of its legal authority on this subject. Other than future amendments to this regulation or governing statutes, no contrary guidance or procedures would be authorized. All existing or subsequent VA guidance would be read to conform with this rulemaking if possible or, if not possible, such guidance would be superseded by this rulemaking. 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 proposed 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 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 39975 found as a supporting document at 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 www.va.gov/orpm by following the link for ‘‘VA Regulations Published.’’ Paperwork Reduction Act This action contains no provision constituting a collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3521); no new or proposed revised collections of information would be associated with this proposed rule. Regulatory Flexibility Act The Secretary hereby certifies that the adoption of this 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 rule is exempt from the initial and final regulatory flexibility analysis requirements of sections 603 and 604. Unfunded Mandates The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C. 1532, that agencies prepare an assessment of anticipated costs and benefits before issuing any rule that may result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more (adjusted annually for inflation) in any 1 year. This rule would have no such effect on State, local, and tribal governments, or on the private sector. 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 August 15, 2017, for publication. E:\FR\FM\23AUP1.SGM 23AUP1 39976 Federal Register / Vol. 82, No. 162 / Wednesday, August 23, 2017 / Proposed Rules Dated: August 15, 2017. 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 8 Life insurance, Veterans. For the reasons stated in the preamble, VA proposes to amend 38 CFR part 8 as set forth below: PART 8—NATIONAL SERVICE LIFE INSURANCE 1. The authority citation for part 8 continues to read as follows: ■ Authority: 38 U.S.C. 501, 1901–1929, 1981–1988, unless otherwise noted. 2. Adding new section 8.34 to read as follows: ■ § 8.34 Ineligibility for insurance under section 1922A of title 38, U.S.C. (supplemental Service-Disabled Veterans’ Insurance) if person insured under section 1922(b) of title 38, U.S.C. A person who is granted ServiceDisabled Veterans’ Insurance under 38 U.S.C. 1922(b) is not eligible for supplemental Service-Disabled Veterans’ Insurance under 38 U.S.C. 1922A. (Authority: 38 U.S.C. 1912, 1922, 1922A) [FR Doc. 2017–17587 Filed 8–22–17; 8:45 am] BILLING CODE 8320–01–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 86 [EPA–HQ–OAR–2015–0827; FRL–9966–91– OAR] Public Hearing for Reconsideration of the Final Determination of the Mid-term Evaluation of Greenhouse Gas Emissions Standards for Model Years 2022–2025 Light-Duty Vehicles Environmental Protection Agency (EPA). ACTION: Announcement of public hearing. AGENCY: The Environmental Protection Agency (EPA) is announcing a public hearing to be held in Washington, DC on September 6, 2017 for the notice ‘‘Request for Comment on Reconsideration of the Final Determination of the Mid-term Evaluation of Greenhouse Gas Emissions Standards for Model Years 2022–2025 Light-duty Vehicles; Request for Comment on Model Year 2021 Greenhouse Gas Emissions Standards’’ announced August 10, 2017 and pmangrum on DSK3GDR082PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 16:50 Aug 22, 2017 Jkt 241001 projected to be published on August 21, 2017. In the document signed on August 10, 2017, EPA announced that it is reconsidering whether the light-duty vehicle greenhouse gas standards previously established for model years 2022–2025 are appropriate under section 202(a) of the Clean Air Act and invited stakeholders to submit any comments, data, and information they believe are relevant to the Administrator’s reconsideration of the January 2017 Mid-term Evaluation Final Determination and in particular, highlight any new information. EPA also requested comment on the separate question of whether the light-duty vehicle greenhouse gas standards established for model year 2021 remain appropriate, regardless of the agency’s decision on the Mid-term Evaluation. DATES: The public hearing will be held on September 6, 2017, at the location noted below under ADDRESSES. The hearing will begin at 9 a.m. and end when all parties present who wish to speak have had an opportunity to do so. Parties wishing to testify at the hearing should notify EPA by August 30, 2017, by sending an email to Hearing RegistrationlASD@epa.gov or by contacting the contact person listed below under FOR FURTHER INFORMATION CONTACT. Additional information regarding the hearing appears below under SUPPLEMENTARY INFORMATION:. Any updates made to any aspect of the hearing, including any change to the location of the hearing, will be posted online at https://www.epa.gov/ regulations-emissions-vehicles-andengines/midterm-evaluation-light-dutyvehicle-ghg-emissions. The EPA does not intend to publish a notice in the Federal Register announcing any such updates. Please go to https:// www.epa.gov/regulations-emissionsvehicles-and-engines/midtermevaluation-light-duty-vehicle-ghgemissions for more information on the public hearing. ADDRESSES: The hearing will be held at the following location: Renaissance Washington, DC Downtown Hotel, 999 Ninth Street NW., Washington, DC, USA, 20001 (phone number 202–898– 9000). A complete set of documents related to the Mid-term Evaluation are available for public inspection through the Federal eRulemaking Portal: https:// www.regulations.gov, Docket Identification No. EPA–HQ–OAR–2015– 0827. Documents can also be viewed at the EPA Docket Center, located at 1301 Constitution Avenue NW., Room 3334, Washington, DC between 8:30 a.m. and 4:30 p.m., Monday through Friday, excluding legal holidays. PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 FOR FURTHER INFORMATION CONTACT: Christopher Lieske, Office of Transportation and Air Quality (OTAQ), Assessment and Standards Division (ASD), U.S. Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor MI 48105; telephone number: (734) 214–4584; fax number: (734) 214– 4816; email address: Hearing RegistrationlASD@epa.gov. SUPPLEMENTARY INFORMATION: The purpose of the public hearing is to provide the public an opportunity to present oral comments related to the notice ‘‘Request for Comment on Reconsideration of the Final Determination of the Mid-term Evaluation of Greenhouse Gas Emissions Standards for Model Years 2022–2025 Light-duty Vehicles; Request for Comment on Model Year 2021 Greenhouse Gas Emissions Standards’’ projected to be published on August 21, 2017. Once EPA learns how many people have registered to speak at the public hearing, we will allocate an appropriate amount of time to each participant, allowing time for necessary breaks. In addition, we will reserve a block of time for anyone else in the audience who wants to give testimony. For planning purposes, each speaker should anticipate speaking for no more than five minutes, although we may need to shorten that time if there is a large turnout. We request that you bring two copies of your statement or other material for the EPA panel. EPA will conduct the hearings informally, and technical rules of evidence will not apply. We will arrange for a written transcript of the hearing and keep the official record for the notice open until the close of the comment period to allow speakers to submit supplementary information. You may make arrangements for copies of the transcripts directly with the court reporter. Panel members may ask clarifying questions during the oral statements but will not respond to the statements at that time. Written statements and supporting information submitted during the comment period will be considered with the same weight as oral comments and supporting information presented at the public hearing. Written comments must be received by the last day of the comment period. How can I get copies of this document and other related information? You may learn more about the Midterm Evaluation by visiting EPA’s Web site https://www.epa.gov/regulationsemissions-vehicles-and-engines/ midterm-evaluation-light-duty-vehicle- E:\FR\FM\23AUP1.SGM 23AUP1

Agencies

[Federal Register Volume 82, Number 162 (Wednesday, August 23, 2017)]
[Proposed Rules]
[Pages 39974-39976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17587]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 8

RIN 2900-AQ03


Eligibility for Supplemental Service-Disabled Veterans' Insurance

AGENCY: Department of Veterans Affairs.

ACTION: Proposed rule.

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SUMMARY: The Department of Veterans Affairs (VA) proposes to amend its 
regulations governing the Service-Disabled Veterans' Insurance (S-DVI) 
program in order to explain that a person who was granted S-DVI as of 
the date of death under is not eligible for supplemental S-DVI because 
the insured's total disability did not begin after the date of the 
insured's application for insurance and while the insurance was in 
force under premium-paying conditions.

DATES: Comments must be received on or before October 23, 2017.

ADDRESSES: Written comments may be submitted through 
www.Regulations.gov; by mail or hand-delivery to: Director, Regulations 
Management (00REG), Department of Veterans Affairs, 810 Vermont Ave. 
NW., Room 1068, Washington, DC 20420; or by fax to (202) 273-9026 (this 
is not a toll-free telephone number). Comments should indicate that 
they are submitted in response to ``RIN 2900-AQ03--Eligibility for 
Supplemental Service-Disabled Veterans' Insurance.'' 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 Federal holidays). 
Please call (202) 461-4902 for an appointment (this is not a toll-free 
telephone number). In addition, comments may be viewed online through 
the Federal Docket Management System (FDMS) at www.Regulations.gov.

FOR FURTHER INFORMATION CONTACT: Paul Weaver, Department of Veterans 
Affairs Insurance Center (310/290B), 5000 Wissahickon Avenue, 
Philadelphia, PA 19144, (215) 842-2000, ext. 4263 (this is not a toll-
free number).

SUPPLEMENTARY INFORMATION: Under 38 U.S.C. 1922(a), a veteran 
``suffering from a disability or disabilities for which compensation 
would be payable if 10 per centum or more in degree and except for 
which such person would be insurable according to the standards of good 
health'' is eligible for S-DVI up to a maximum of $10,000 upon 
``application in writing made within two years from the date service-
connection of such disability is determined by the Secretary and 
payment of premiums as provided in this subchapter.'' See 38 U.S.C. 
1903 (amount of insurance). Section 1922(b) of title 38, United States 
Code, provides in pertinent part that a veteran who qualifies for 
insurance under 38 U.S.C. 1922(a) but who did not apply for such 
insurance and who was mentally incompetent from a service-connected 
disability, remained mentally incompetent until the date of death, and 
died before the appointment of a guardian or within 2 years after the 
appointment of a guardian ``shall be deemed to have applied for and to 
have been granted such insurance, as of the date of death.'' See 38 
U.S.C. 1922(b). VA refers to insurance provided under 38 U.S.C 1922(b) 
as ``gratuitous'' insurance.
    ``Any person insured under section 1922(a) [of title 38, United 
States Code,] who qualifies for a waiver of [S-DVI] premiums under [38 
U.S.C.] 1912 . . . is eligible'' for supplemental S-DVI of up to 
$30,000. 38 U.S.C. 1922A(a). Section 1912(a) of title 38, United States 
Code, states in pertinent part:

    [P]ayment of premiums on insurance may be waived during the 
continuous total disability of the insured . . . if such disability 
began . . . after the date of the

[[Page 39975]]

insured's application for insurance, [and] . . . while the insurance 
was in force under premium-paying conditions . . . [.]

    In Martin v. Shinseki, 26 Vet. App. 451, 458 (2014), the U.S. Court 
of Appeals for Veterans Claims (Veterans Court) held that a person 
granted S-DVI ``as of the date of death'' under section 1922(b) 
satisfies the first requirement for supplemental S-DVI in 38 U.S.C. 
1922A(a), i.e., insurance under 38 U.S.C. 1922(a), because a grant of 
S-DVI under section 1922(b) is treated, by operation of law, as an 
award of the insurance under section 1922(a). However, the Veterans 
Court also held that a person granted S-DVI under section 1922(b) is 
not eligible for supplemental S-DVI because the following two 
requirements for a premium waiver in section 1912(a) cannot be 
satisfied. First, the total disability of a person insured under S-DVI 
under 38 U.S.C. 1922(b) began before rather than after the date of 
application for S-DVI because as provided in the statute, the person is 
``deemed to have applied for and to have been granted such insurance[ ] 
as of the date of death.'' See Id. at 458-59. Second, the insured's 
total disability did not begin while the S-DVI was in force under 
premium paying conditions because as explained above, the person was 
granted S-DVI as of the date of death under section 1922(b) and 
therefore, the insured would not have been required to pay premiums. 
See Id. at 459.
    VA proposes to add section 8.34 to title 38, Code of Federal 
Regulations, which would codify the last two Martin holdings by 
explaining that a grant of supplemental S-DVI is precluded if S-DVI was 
granted under section 1922(b). This would reflect the Veterans Court's 
conclusion that the insured cannot qualify for a waiver of premiums 
under 38 U.S.C. 1912(a) because the insured's total disability did not 
begin after the date of the insured's application for insurance and 
while the insurance was in force under premium-paying conditions.
    VA's proposed regulation would promote the continued viability of 
the S-DVI program. The S-DVI program is not self-supporting because S-
DVI insureds pay standard premium rates which account for age but not 
their disabilities. See 38 U.S.C. 1922(a) (computation of premium 
rates). As a result, the S-DVI program requires an annual subsidy from 
the U.S. Treasury. VA's budget submission for FY 2017 requested an 
appropriation of $77.6 million. VA estimates that, if veterans' 
beneficiaries were entitled to receive both gratuitous S-DVI and 
supplemental S-DVI for which no premiums were paid due to the death of 
the insured, the costs to the S-DVI program would increase by more than 
$1 million per year.

Effect of Rulemaking

    Title 38 of the Code of Federal Regulations, as proposed to be 
revised by this rulemaking, would represent VA's implementation of its 
legal authority on this subject. Other than future amendments to this 
regulation or governing statutes, no contrary guidance or procedures 
would be authorized. All existing or subsequent VA guidance would be 
read to conform with this rulemaking if possible or, if not possible, 
such guidance would be superseded by this rulemaking.

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 proposed 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 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 
www.va.gov/orpm by following the link for ``VA Regulations Published.''

Paperwork Reduction Act

    This action contains no provision constituting a collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3521); no new or proposed revised collections of information would be 
associated with this proposed rule.

Regulatory Flexibility Act

    The Secretary hereby certifies that the adoption of this 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 rule is exempt from the 
initial and final regulatory flexibility analysis requirements of 
sections 603 and 604.

Unfunded Mandates

    The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C. 
1532, that agencies prepare an assessment of anticipated costs and 
benefits before issuing any rule that may result in the expenditure by 
State, local, and tribal governments, in the aggregate, or by the 
private sector, of $100 million or more (adjusted annually for 
inflation) in any 1 year. This rule would have no such effect on State, 
local, and tribal governments, or on the private sector.

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 August 15, 2017, for publication.


[[Page 39976]]


    Dated: August 15, 2017.
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 8

    Life insurance, Veterans.

    For the reasons stated in the preamble, VA proposes to amend 38 CFR 
part 8 as set forth below:

PART 8--NATIONAL SERVICE LIFE INSURANCE

0
1. The authority citation for part 8 continues to read as follows:

    Authority:  38 U.S.C. 501, 1901-1929, 1981-1988, unless 
otherwise noted.

0
2. Adding new section 8.34 to read as follows:


Sec.  8.34  Ineligibility for insurance under section 1922A of title 
38, U.S.C. (supplemental Service-Disabled Veterans' Insurance) if 
person insured under section 1922(b) of title 38, U.S.C.

    A person who is granted Service-Disabled Veterans' Insurance under 
38 U.S.C. 1922(b) is not eligible for supplemental Service-Disabled 
Veterans' Insurance under 38 U.S.C. 1922A.

(Authority: 38 U.S.C. 1912, 1922, 1922A)


[FR Doc. 2017-17587 Filed 8-22-17; 8:45 am]
BILLING CODE 8320-01-P