Electronic Submission of Certain Servicemembers' Group Life Insurance, Family Servicemembers' Group Life Insurance, and Veterans' Group Life Insurance Forms, 42052-42054 [2017-18677]
Download as PDF
42052
Federal Register / Vol. 82, No. 171 / Wednesday, September 6, 2017 / Proposed Rules
nlaroche on DSKBBV9HB2PROD with PROPOSALS
§ 100.723 Special Local Regulation; Fort
Lauderdale Grand Prix of the Seas; Fort
Lauderdale, FL.
(a) Location. The following regulated
area is established as a special local
regulation. All navigable waters
contained within an imaginary line
connecting the following points:
beginning at Point 1 in position 26°6′21″
N., 080°5′51″ W.; thence west to Point
2 in position 26°6′21″ N., 080°6′13″ W.;
thence north to Point 3 in position
26°6′57″ N., 080°6′13″ W.; thence east to
Point 4 in position 26°6′57″ N.,
080°5′52″ W., thence back to origin at
point 1. All coordinates are North
American Datum 1983.
(b) Definition. The following
definitions apply to this section:
(1) 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.
(2) The term ‘‘Patrol Commander’’
means a commissioned, warrant, or
petty officer of the Coast Guard who has
been designated by the respective Coast
Guard Sector Commander to enforce
these regulations.
(3) The term ‘‘spectators’’ means all
persons and vessels not registered with
the event sponsor as participants or
official patrol vessels.
(c) Regulations.
(1) All non-participant persons and
vessels are prohibited from entering,
transiting through, anchoring in, or
remaining within the regulated area
unless authorized by the Captain of the
Port Miami or a designated
representative.
(2) Persons and vessels desiring to
enter, transit through, anchor in, remain
within or transit in excess of wake
speed within any of the regulated area
may contact the Captain of the Port
Miami by telephone at (305) 535–8701,
or a designated representative via VHF–
FM radio on channel 16 to request
authorization. If authorization is
granted, all persons and vessels
receiving such authorization must
comply with the instructions of the
Captain of the Port Miami or a
designated representative.
(3) The Coast Guard will use all
appropriate means to notify the public
in advance of an event of the
enforcement of these regulations to
include publishing a Notice of
Enforcement in the Federal Register and
through the local Notice to Mariners and
Broadcast Notice to Mariners.
VerDate Sep<11>2014
14:53 Sep 05, 2017
Jkt 241001
(d) Enforcement date. This section
will be enforced annually on a weekend
(Friday, Saturday and Sunday) in the
month of November.
Dated: August 22, 2017.
J.H.D. Solomon,
Captain, U.S. Coast Guard, Acting Captain
of the Port Miami.
[FR Doc. 2017–18829 Filed 9–5–17; 8:45 am]
BILLING CODE 9110–04–P
through the Federal Docket Management
System (FDMS) at https://
www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Ruth Berkheimer, Insurance Specialist,
Department of Veterans Affairs
Insurance Center (310/290B), 5000
Wissahickon Avenue, Philadelphia, PA
19144, (215) 842–2000, ext. 4275 (this is
not a toll-free number).
Several
statutes regarding entitlement to SGLI,
FSGLI, and VGLI require a member or
an insured to take action ‘‘in writing’’ or
to submit a ‘‘written’’ application or
request. E.g., 38 U.S.C. 1967(c), 1970(a),
and 1977(a)(3). For example, under 38
U.S.C. 1967(a)(2) and (a)(3)(B), a
member of a uniformed service on
active duty, active duty for training, or
inactive duty training scheduled in
advance by a competent authority and
certain Ready Reservists may ‘‘elect in
writing’’ not to be insured under SGLI,
to decline FSGLI coverage for a spouse,
or to be insured or insure a spouse for
less than the statutory maximum
amounts of insurance coverage.
Until recently, members have utilized
a paper version of SGLV 8286,
Servicemembers’ Group Life Insurance
(SGLI) Election and Certificate, to make
changes to their SGLI coverage amount
and to designate beneficiaries to receive
the insurance proceeds upon their death
and a paper version of SGLV 8286A,
Spouse Coverage Election and
Certificate, to make changes to their
spousal coverage. The VA Insurance
Service, however, partnered with the
Department of Defense to develop the
SGLI Online Enrollment System (SOES),
an electronic application system that
allows members to make electronic
updates and changes to their SGLI and
FSGLI coverage amounts and their SGLI
beneficiary designations 24 hours a day,
7 days a week. In addition, this
electronic system helps to eliminate
common errors made by members when
completing the paper forms. While the
electronic system is the primary means
for insured members to manage their
SGLI and FSGLI elections, a member
may use the paper forms in emergent
situations when the member cannot
access the electronic system.
In addition to SOES, veterans are
currently able to apply for VGLI,
reinstate their VGLI, or increase the
amount of VGLI by completing an
online application through a Web site
managed by the Office of
Servicemembers’ Group Life Insurance
(OSGLI), https://giosgli.prudential.com/
osgli/web/OSGLIMenu.html, as well as
by mailing a paper copy of SGLV 8714,
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 9
RIN 2900–AP98
Electronic Submission of Certain
Servicemembers’ Group Life
Insurance, Family Servicemembers’
Group Life Insurance, and Veterans’
Group Life Insurance Forms
Department of Veterans Affairs.
Proposed rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) proposes to add a
regulation governing the
Servicemembers’ Group Life Insurance
(SGLI) and Veterans’ Group Life
Insurance (VGLI) programs to provide
that certain SGLI, Family SGLI (FSGLI)
and VGLI applications, elections, and
beneficiary designations required by
statute to be ‘‘written’’ or ‘‘in writing’’
would include those submitted via an
agency approved electronic means that
are digitally or electronically signed.
DATES: Comments must be received on
or before November 6, 2017.
ADDRESSES: Written comments may be
submitted through https://
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
is not a toll-free telephone number).
Comments should indicate that they are
submitted in response to ‘‘RIN 2900–
AP98—Electronic Submission of Certain
Servicemembers’ Group Life Insurance,
Family Servicemembers’ Group Life
Insurance, and Veterans’ Group Life
Insurance Forms.’’
Copies of comments received will be
available for public inspection in the
Office of Regulation Policy and
Management, Room 1068, between the
hours of 8:00 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
telephone number). In addition,
comments may be viewed online
SUMMARY:
PO 00000
Frm 00004
Fmt 4702
Sfmt 4702
E:\FR\FM\06SEP1.SGM
06SEP1
nlaroche on DSKBBV9HB2PROD with PROPOSALS
Federal Register / Vol. 82, No. 171 / Wednesday, September 6, 2017 / Proposed Rules
Application for Veterans’ Group Life
Insurance to OSGLI.
In light of this modernized processing
of SGLI and VGLI, VA proposes to
expressly allow for electronic
submission of certain SGLI and VGLI
applications, forms, and beneficiary
designations by adding section 9.22 to
part 9 of title 38, Code of Federal
Regulations. New section 9.22(a)(1)
would define the terms ‘‘in writing’’ and
‘‘written’’ for purposes of certain
statutes in chapter 19, subchapter III, of
title 38, United States Code, to mean an
intentional recording of words in visual
form and to include hard-copy
documents containing a person’s name
or mark written or made by that person
and electronic applications and forms
submitted through a VA approved
electronic means that include an
electronic or digital signature that
identifies and authenticates a particular
person as the source of the electronic
message and indicates such person’s
approval of the information contained
in the electronic document.
Section 9.22(a)(2) would provide that
application or election forms meeting
the requirements of new paragraph
(a)(1) will satisfy the statutory
requirement that such forms be
‘‘written’’ or ‘‘in writing’’ for purposes
of: (1) Declining SGLI for the member or
FSGLI for the member’s insurable
spouse; (2) insuring the member under
SGLI or the member’s spouse under
FSGLI in an amount less than the
maximum amount of such insurance; (3)
restoring or increasing coverage under
SGLI for the member or under FSGLI for
the member’s insurable spouse; (4)
designating one or more beneficiaries
for the member’s SGLI or insured’s
VGLI; and (5) increasing the amount of
coverage under VGLI. This would allow
members to submit such applications or
elections by mail, hand delivery, or
electronic means approved by the
Secretary.
Section 9.22(b) would state that
applications or forms satisfying the
definition in paragraph (a)(1) may be
submitted for purposes of applying for
VGLI and reinstating lapsed VGLI
coverage.
These regulations are consistent with
the Government Paperwork Elimination
Act (GPEA), Public Law 105–277, tit.
XVII, 112 Stat. 2681–749 (codified at 44
U.S.C. 3504 note), which requires
Federal agencies to accept electronic
signatures and to allow for electronic
submission, maintenance, or disclosure
of information as a substitute for paper,
when it is practicable for agencies to do
so. See also 38 U.S.C. 118 (VA must
submit reports to Congress in electronic
format) and 5103(a)(1) (VA may provide
VerDate Sep<11>2014
14:53 Sep 05, 2017
Jkt 241001
notice of information and evidence
necessary to substantiate claim via
electronic communication). GPEA also
bars electronic signatures and electronic
records from being denied legal effect,
validity, or enforceability because they
are in electronic form. Public Law 105–
277, §1707, 112 Stat. 2681–751.
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
one year. This proposed rule will 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 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,’’ requiring review by
the Office of Management and Budget
(OMB), unless OMB waives such
review, as ‘‘any regulatory action that is
likely to result in a rule that may: (1)
Have an annual effect on the economy
of $100 million or more or adversely
affect in a material way the economy, a
sector of the economy, productivity,
competition, jobs, the environment,
public health or safety, or State, local,
or tribal governments or communities;
(2) Create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency; (3)
Materially alter the budgetary impact of
entitlements, grants, user fees, or loan
programs or the rights and obligations of
recipients thereof; or (4) Raise novel
legal or policy issues arising out of legal
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
42053
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.’’
Regulatory Flexibility Act
The Secretary hereby certifies that the
adoption of 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
proposed rule is exempt from the initial
and final regulatory flexibility analysis
requirements of sections 603 and 604.
List of Subjects in Part 9
Life insurance, Military personnel,
Veterans.
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 July 25,
2017, for publication.
Dated: July 25, 2017.
Jeffrey Martin,
Office Program Manager, Office of Regulation
Policy & Management, Office of the Secretary,
Department of Veterans Affairs.
For the reasons stated in the
preamble, VA proposes to amend 38
CFR part 9 as set forth below:
E:\FR\FM\06SEP1.SGM
06SEP1
42054
Federal Register / Vol. 82, No. 171 / Wednesday, September 6, 2017 / Proposed Rules
PART 9—SERVICEMEMBERS’ GROUP
LIFE INSURANCE AND VETERANS’
GROUP LIFE INSURANCE
1. The authority citation for part 9
continues to read as follows:
■
(1) apply for Veterans’ Group Life
Insurance; and
(2) reinstate Veterans’ Group Life
Insurance.
[FR Doc. 2017–18677 Filed 9–5–17; 8:45 am]
BILLING CODE 8320–01–P
Authority: 38 U.S.C. 501, 1965–1980A,
unless otherwise noted.
2. By adding the following section to
read as follows:
ENVIRONMENTAL PROTECTION
AGENCY
§ 9.22 Submission of certain applications
and forms affecting entitlement to
Servicemembers’ Group Life Insurance and
Veterans’ Group Life Insurance
nlaroche on DSKBBV9HB2PROD with PROPOSALS
■
40 CFR Part 52
(a)(1) Definition. For purposes of this
section, the terms in writing and written
mean an intentional recording of words
in visual form and include:
(A) Hard-copy applications and forms
containing a person’s name or mark
written or made by that person; and
(B) applications and forms submitted
through a VA approved electronic
means that include an electronic or
digital signature that identifies and
authenticates a particular person as the
source of the electronic message and
indicates such person’s approval of the
information submitted through such
means.
(2) With regard to the following
actions, applications or forms that
satisfy the definition in paragraph (a)(1)
will be deemed to satisfy the
requirement in the referenced statutes
that an application, election, or
beneficiary designation be ‘‘in writing’’
or ‘‘written’’:
(A) Decline Servicemembers’ Group
Life Insurance for the member or Family
Servicemembers’ Group Life Insurance
for the member’s insurable spouse (38
U.S.C. 1967(a)(2)(A) or (B));
(B) Insure the member under
Servicemembers’ Group Life Insurance
or the member’s spouse under Family
Servicemembers’ Group Life Insurance
in an amount less than the maximum
amount of such insurance (38 U.S.C.
1967(a)(3)(B));
(C) Restore or increase coverage under
Servicemembers’ Group Life Insurance
for the member or under Family
Servicemembers’ Group Life Insurance
for the member’s insurable spouse (38
U.S.C. 1967(c));
(D) Designate one or more
beneficiaries for the member’s
Servicemembers’ Group Life Insurance
or former member’s Veterans’ Group
Life Insurance (38 U.S.C. 1970(a)); and
(E) Increase the amount of coverage
under Veterans’ Group Life Insurance
(38 U.S.C. 1977(a)(3)).
(b) Applications or forms that satisfy
the definition in paragraph (a)(1) may be
utilized to—
Air Plan Approval; New Hampshire;
Rules for Open Burning and
Incinerators
VerDate Sep<11>2014
14:53 Sep 05, 2017
Jkt 241001
[EPA–R01–OAR–2017–0138; A–1–FRL–
9967–26–Region 1]
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
State Implementation Plan (SIP)
revisions submitted by the State of New
Hampshire on August 9, 2011, and July
23, 2013. These SIP revisions establish
rules for open burning and establish
emission standards and operating
practices for incinerators and wood
waste burners that are not regulated
pursuant to federal incinerator
standards. We are also proposing to
approve revisions to the definitions of
‘‘Incinerator’’ and ‘‘Wood Waste
Burner,’’ submitted by the State on July
23, 2013 and October 26, 2016,
respectively. This action will have a
beneficial effect on air quality. This
action is being taken in accordance with
the Clean Air Act.
DATES: Written comments must be
received on or before October 6, 2017.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R01–
OAR–2017–0138 at https://
www.regulations.gov, or via email to
Arnold.Anne@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, the EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
SUMMARY:
PO 00000
Frm 00006
Fmt 4702
Sfmt 9990
consider comments or comment
contents located outside of the primary
submission (i.e. on the Web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Alison C. Simcox, Air Quality Unit, U.S.
Environmental Protection Agency, EPA
New England Regional Office, 5 Post
Office Square—Suite 100, (Mail code
OEP05–2), Boston, MA 02109–3912, tel.
(617) 918–1684, email simcox.alison@
epa.gov.
In the
Final Rules Section of this Federal
Register, EPA is approving the State’s
SIP submittal as a direct final rule
without prior proposal because the
Agency views this as a noncontroversial
submittal and anticipates no adverse
comments. A detailed rationale for the
approval is set forth in the direct final
rule. If no adverse comments are
received in response to this action rule,
no further activity is contemplated. If
EPA receives adverse comments, the
direct final rule will be withdrawn and
all public comments received will be
addressed in a subsequent final rule
based on this proposed rule. EPA will
not institute a second comment period.
Any parties interested in commenting
on this action should do so at this time.
Please note that if EPA receives adverse
comment on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment.
For additional information, see the
direct final rule which is located in the
Rules Section of this Federal Register.
SUPPLEMENTARY INFORMATION:
Dated: August 19, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New
England.
[FR Doc. 2017–18775 Filed 9–5–17; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\06SEP1.SGM
06SEP1
Agencies
[Federal Register Volume 82, Number 171 (Wednesday, September 6, 2017)]
[Proposed Rules]
[Pages 42052-42054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18677]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 9
RIN 2900-AP98
Electronic Submission of Certain Servicemembers' Group Life
Insurance, Family Servicemembers' Group Life Insurance, and Veterans'
Group Life Insurance Forms
AGENCY: Department of Veterans Affairs.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Veterans Affairs (VA) proposes to add a
regulation governing the Servicemembers' Group Life Insurance (SGLI)
and Veterans' Group Life Insurance (VGLI) programs to provide that
certain SGLI, Family SGLI (FSGLI) and VGLI applications, elections, and
beneficiary designations required by statute to be ``written'' or ``in
writing'' would include those submitted via an agency approved
electronic means that are digitally or electronically signed.
DATES: Comments must be received on or before November 6, 2017.
ADDRESSES: Written comments may be submitted through https://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-AP98--Electronic
Submission of Certain Servicemembers' Group Life Insurance, Family
Servicemembers' Group Life Insurance, and Veterans' Group Life
Insurance Forms.''
Copies of comments received will be available for public inspection
in the Office of Regulation Policy and Management, Room 1068, between
the hours of 8:00 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 telephone number). In addition, comments may be viewed online
through the Federal Docket Management System (FDMS) at https://www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT: Ruth Berkheimer, Insurance Specialist,
Department of Veterans Affairs Insurance Center (310/290B), 5000
Wissahickon Avenue, Philadelphia, PA 19144, (215) 842-2000, ext. 4275
(this is not a toll-free number).
SUPPLEMENTARY INFORMATION: Several statutes regarding entitlement to
SGLI, FSGLI, and VGLI require a member or an insured to take action
``in writing'' or to submit a ``written'' application or request. E.g.,
38 U.S.C. 1967(c), 1970(a), and 1977(a)(3). For example, under 38
U.S.C. 1967(a)(2) and (a)(3)(B), a member of a uniformed service on
active duty, active duty for training, or inactive duty training
scheduled in advance by a competent authority and certain Ready
Reservists may ``elect in writing'' not to be insured under SGLI, to
decline FSGLI coverage for a spouse, or to be insured or insure a
spouse for less than the statutory maximum amounts of insurance
coverage.
Until recently, members have utilized a paper version of SGLV 8286,
Servicemembers' Group Life Insurance (SGLI) Election and Certificate,
to make changes to their SGLI coverage amount and to designate
beneficiaries to receive the insurance proceeds upon their death and a
paper version of SGLV 8286A, Spouse Coverage Election and Certificate,
to make changes to their spousal coverage. The VA Insurance Service,
however, partnered with the Department of Defense to develop the SGLI
Online Enrollment System (SOES), an electronic application system that
allows members to make electronic updates and changes to their SGLI and
FSGLI coverage amounts and their SGLI beneficiary designations 24 hours
a day, 7 days a week. In addition, this electronic system helps to
eliminate common errors made by members when completing the paper
forms. While the electronic system is the primary means for insured
members to manage their SGLI and FSGLI elections, a member may use the
paper forms in emergent situations when the member cannot access the
electronic system.
In addition to SOES, veterans are currently able to apply for VGLI,
reinstate their VGLI, or increase the amount of VGLI by completing an
online application through a Web site managed by the Office of
Servicemembers' Group Life Insurance (OSGLI), https://giosgli.prudential.com/osgli/web/OSGLIMenu.html, as well as by mailing
a paper copy of SGLV 8714,
[[Page 42053]]
Application for Veterans' Group Life Insurance to OSGLI.
In light of this modernized processing of SGLI and VGLI, VA
proposes to expressly allow for electronic submission of certain SGLI
and VGLI applications, forms, and beneficiary designations by adding
section 9.22 to part 9 of title 38, Code of Federal Regulations. New
section 9.22(a)(1) would define the terms ``in writing'' and
``written'' for purposes of certain statutes in chapter 19, subchapter
III, of title 38, United States Code, to mean an intentional recording
of words in visual form and to include hard-copy documents containing a
person's name or mark written or made by that person and electronic
applications and forms submitted through a VA approved electronic means
that include an electronic or digital signature that identifies and
authenticates a particular person as the source of the electronic
message and indicates such person's approval of the information
contained in the electronic document.
Section 9.22(a)(2) would provide that application or election forms
meeting the requirements of new paragraph (a)(1) will satisfy the
statutory requirement that such forms be ``written'' or ``in writing''
for purposes of: (1) Declining SGLI for the member or FSGLI for the
member's insurable spouse; (2) insuring the member under SGLI or the
member's spouse under FSGLI in an amount less than the maximum amount
of such insurance; (3) restoring or increasing coverage under SGLI for
the member or under FSGLI for the member's insurable spouse; (4)
designating one or more beneficiaries for the member's SGLI or
insured's VGLI; and (5) increasing the amount of coverage under VGLI.
This would allow members to submit such applications or elections by
mail, hand delivery, or electronic means approved by the Secretary.
Section 9.22(b) would state that applications or forms satisfying
the definition in paragraph (a)(1) may be submitted for purposes of
applying for VGLI and reinstating lapsed VGLI coverage.
These regulations are consistent with the Government Paperwork
Elimination Act (GPEA), Public Law 105-277, tit. XVII, 112 Stat. 2681-
749 (codified at 44 U.S.C. 3504 note), which requires Federal agencies
to accept electronic signatures and to allow for electronic submission,
maintenance, or disclosure of information as a substitute for paper,
when it is practicable for agencies to do so. See also 38 U.S.C. 118
(VA must submit reports to Congress in electronic format) and
5103(a)(1) (VA may provide notice of information and evidence necessary
to substantiate claim via electronic communication). GPEA also bars
electronic signatures and electronic records from being denied legal
effect, validity, or enforceability because they are in electronic
form. Public Law 105-277, Sec. 1707, 112 Stat. 2681-751.
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 one year. This proposed rule will 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 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,'' requiring review by the Office of
Management and Budget (OMB), unless OMB waives such review, as ``any
regulatory action that is likely to result in a rule that may: (1) Have
an annual effect on the economy of $100 million or more or adversely
affect in a material way the economy, a sector of the economy,
productivity, competition, jobs, the environment, public health or
safety, or State, local, or tribal governments or communities; (2)
Create a serious inconsistency or otherwise interfere with an action
taken or planned by another agency; (3) Materially alter the budgetary
impact of entitlements, grants, user fees, or loan programs or the
rights and obligations of recipients thereof; or (4) Raise novel legal
or policy issues arising out of legal mandates, the President's
priorities, or the principles set forth in 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.''
Regulatory Flexibility Act
The Secretary hereby certifies that the adoption of 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 proposed rule is
exempt from the initial and final regulatory flexibility analysis
requirements of sections 603 and 604.
List of Subjects in Part 9
Life insurance, Military personnel, Veterans.
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 July 25, 2017, for publication.
Dated: July 25, 2017.
Jeffrey Martin,
Office Program Manager, Office of Regulation Policy & Management,
Office of the Secretary, Department of Veterans Affairs.
For the reasons stated in the preamble, VA proposes to amend 38 CFR
part 9 as set forth below:
[[Page 42054]]
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. By adding the following section to read as follows:
Sec. 9.22 Submission of certain applications and forms affecting
entitlement to Servicemembers' Group Life Insurance and Veterans' Group
Life Insurance
(a)(1) Definition. For purposes of this section, the terms in
writing and written mean an intentional recording of words in visual
form and include:
(A) Hard-copy applications and forms containing a person's name or
mark written or made by that person; and
(B) applications and forms submitted through a VA approved
electronic means that include an electronic or digital signature that
identifies and authenticates a particular person as the source of the
electronic message and indicates such person's approval of the
information submitted through such means.
(2) With regard to the following actions, applications or forms
that satisfy the definition in paragraph (a)(1) will be deemed to
satisfy the requirement in the referenced statutes that an application,
election, or beneficiary designation be ``in writing'' or ``written'':
(A) Decline Servicemembers' Group Life Insurance for the member or
Family Servicemembers' Group Life Insurance for the member's insurable
spouse (38 U.S.C. 1967(a)(2)(A) or (B));
(B) Insure the member under Servicemembers' Group Life Insurance or
the member's spouse under Family Servicemembers' Group Life Insurance
in an amount less than the maximum amount of such insurance (38 U.S.C.
1967(a)(3)(B));
(C) Restore or increase coverage under Servicemembers' Group Life
Insurance for the member or under Family Servicemembers' Group Life
Insurance for the member's insurable spouse (38 U.S.C. 1967(c));
(D) Designate one or more beneficiaries for the member's
Servicemembers' Group Life Insurance or former member's Veterans' Group
Life Insurance (38 U.S.C. 1970(a)); and
(E) Increase the amount of coverage under Veterans' Group Life
Insurance (38 U.S.C. 1977(a)(3)).
(b) Applications or forms that satisfy the definition in paragraph
(a)(1) may be utilized to--
(1) apply for Veterans' Group Life Insurance; and
(2) reinstate Veterans' Group Life Insurance.
[FR Doc. 2017-18677 Filed 9-5-17; 8:45 am]
BILLING CODE 8320-01-P