National Service Life Insurance Premium Payment and Loan Amendment, 56846-56848 [2021-22208]
Download as PDF
56846
Federal Register / Vol. 86, No. 195 / Wednesday, October 13, 2021 / Proposed Rules
‘‘lat. 35°39′31″ N, long. 117°49′46″ W’’,
to match the FAA database.
Class E5 airspace designations are
published in paragraph 6005 of FAA
Order JO 7400.11F, dated August 10,
2021, and effective September 15, 2021,
which is incorporated by reference in 14
CFR 71.1. The Class E airspace
designations listed in this document
will be published subsequently in the
Order.
FAA Order JO 7400.11, Airspace
Designations and Reporting Points, is
published yearly and effective on
September 15.
Regulatory Notices and Analyses
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current, is non-controversial, and
unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that will only affect air
traffic procedures and air navigation, it
is certified that this rule, when
promulgated, would not have a
significant economic impact on a
substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
Environmental Review
This proposal will be subject to an
environmental analysis in accordance
with FAA Order 1050.1F,
‘‘Environmental Impacts: Policies and
Procedures’’ prior to any FAA final
regulatory action.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
jspears on DSK121TN23PROD with PROPOSALS1
The Proposed Amendment
Accordingly, pursuant to the
authority delegated to me, the Federal
Aviation Administration proposes to
amend 14 CFR part 71 as follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for 14 CFR
part 71 continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g), 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
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§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order JO 7400.11F,
Airspace Designations and Reporting
Points, dated August 10, 2021, and
effective September 15, 2021, is
amended as follows:
■
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
*
*
*
*
*
AWP CA E5 Inyokern, CA [Amended]
Inyokern Airport, CA
(Lat. 35°39′31″ N, long. 117°49′46″ W)
That airspace extending upward from 700
feet above the surface within a 4-mile radius
of the airport, and within 2.7 miles each side
of the 215° bearing from the airport extending
from the 4-mile radius to 11.6 miles
southwest of Inyokern Airport, excluding
that airspace within Restricted Area R–2505
and R–2506.
Issued in Des Moines, Washington, on
October 6, 2021.
B.G. Chew,
Acting Group Manager, Operations Support
Group, Western Service Center.
[FR Doc. 2021–22193 Filed 10–12–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 8
RIN 2900–AR29
National Service Life Insurance
Premium Payment and Loan
Amendment
Department of Veterans Affairs.
Proposed rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) proposes to amend its
National Service Life Insurance
regulations to offer Service-Disabled
Veterans’ Insurance policyholders the
option of remitting premiums for
government life insurance coverage only
on a monthly or annual basis. VA also
proposes to increase the amount that
Veteran policyholders are eligible to
borrow against the value of their life
insurance policies and to adjust the
interest rates charged for fixed-rate
loans in certain circumstances.
DATES: Comments must be received on
or before December 13, 2021.
ADDRESSES: Comments may be
submitted through
www.Regulations.gov. Comments
should indicate that they are submitted
in response to ‘‘RIN 2900–AR29—
National Service Life Insurance
Premium Payment and Loan
SUMMARY:
PO 00000
Frm 00007
Fmt 4702
Sfmt 4702
Amendment.’’ Comments received will
be available at regulations.gov for public
viewing, inspection or copies.
FOR FURTHER INFORMATION CONTACT: Paul
Weaver, Insurance Specialist,
Department of Veterans Affairs
Insurance Service (310/290B), 5000
Wissahickon Avenue, Philadelphia, PA
19144, (215) 842–2000, ext. 4263. (This
is not a toll-free number.)
SUPPLEMENTARY INFORMATION: Under the
authority of 38 U.S.C. 1901–1929, VA
currently administers four distinct life
insurance programs: National Service
Life Insurance (NSLI), Veterans’ Special
Life Insurance (VSLI), Veterans’
Reopened Insurance (VRI), and ServiceDisabled Veterans’ Insurance (S–DVI).
As of January 31, 2021, these life
insurance programs are providing
insurance coverage under 458,424
policies owned by Veterans.
1. Payment of Premiums for Programs
Issuing New Policies
Section 1908 of title 38, U.S.C.,
requires VA to ‘‘prescribe the time and
method of payment of the premiums on
insurance’’ for those programs by
issuing regulations. VA has
implemented this authority in 38 CFR
8.2(c). Section 8.2(c) requires Veteran
policyholders to pay premiums on a
monthly basis, with the option of paying
premiums on a quarterly, semi-annual,
or annual basis if the premiums are paid
in advance. NSLI, VSLI, and VRI are
closed to new issues, and VA does not
propose to modify any premium paying
requirements pertaining to these life
insurance programs. However, S–DVI
remains open to new issues and is
currently providing coverage to
Veterans with service-connected
disabilities. More than 275,000 Veteran
policyholders are insured under S–DVI,
and less than 3,000 pay premiums on a
quarterly or semi-annual basis. Because
very few S–DVI policyholders are
paying premiums on a quarterly or
semi-annual basis and these payment
options add administrative complexity
and program costs associated with
calculating premiums due for
policyholders who elect these payment
options, VA proposes to eliminate these
two payment options for policyholders
receiving future issue of S–DVI.
Moreover, research shows that lapsed
rates tend to increase with the number
of premium payments made each year,
with the notable exception of monthly
payment modes. See, e.g., Cathy Ho &
Nancy Muise, U.S. Individual Life
Persistency: Guaranteed & Simplified
Issue—A Joint Study Sponsored by
Soc’y of Actuaries & LIMRA 16 (2013),
https://www.soa.org/globalassets/assets/
E:\FR\FM\13OCP1.SGM
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Federal Register / Vol. 86, No. 195 / Wednesday, October 13, 2021 / Proposed Rules
jspears on DSK121TN23PROD with PROPOSALS1
Files/Research/Exp-Study/research2013-gisi-study.pdf (last visited Aug. 5,
2021). Thus, we propose to amend
§ 8.2(c) to require policyholders
receiving future issue of S–DVI to
submit premiums on the policy monthly
due date or in advance on an annual
basis. Veterans who were previously
insured under S–DVI will retain the
option of paying premiums on a
monthly basis or in advance on a
quarterly, semi-annual, or annual basis.
The proposed amendment is consistent
with 38 CFR 8.4, which allows Veteran
policyholders to pay premiums by a
monthly deduction from disability
compensation or certain other payments
due from VA. The proposed rule would
also apply to Veteran policyholders who
become insured under 38 U.S.C.
1922B(a)(1). (On January 1, 2023, VA
will begin issuing policies under a new
service-disabled Veterans’ insurance
program, authorized by section
2004(a)(1) of the Johnny Isakson and
David P. Roe, M.D. Veterans Health Care
and Benefits Improvement Act of 2020,
Pub. L. 116–315, and codified at 38
U.S.C. 1922B.) In addition, we would
add a paragraph in § 8.2(c) to make clear
that NSLI, VSLI, and VRI policyholders,
as well as current S–DVI policyholders,
may continue to pay premiums on a
monthly basis or in advance on an
annual, semi-annual, or quarterly basis.
2. Adjust Policy Loan Amounts and
Interest Rates
Section 1906 of title 38, U.S.C.,
provides VA discretion to provide
reasonable and practicable provisions
pertaining to cash and loan values by
publishing regulations. In 38 CFR
8.13(a), VA states that ‘‘the United
States will lend to the insured . . . any
amount which will not exceed 94
percent of the [policy’s] reserve.’’
Standard insurance industry practice
allows policyholders access to the full
cash value of their policies. To align
with standard insurance industry
practice, VA proposes to provide
Veteran policyholders with access to the
full cash value that policies accrue over
the time period in which Veteran
policyholders pay premiums for life
insurance coverage. Thus, VA proposes
to remove from § 8.13(a) the 94 percent
limit on the amount that Veteran
policyholders may borrow.
In addition, managing multiple loans
for a single policyholder is
administratively complex and costly.
Furthermore, it would be cost
prohibitive to modify current
technology to support multiple loans for
one policyholder. Thus, VA proposes to
amend § 8.13(d) to require Veteran
policyholders with existing fixed-rate
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16:28 Oct 12, 2021
Jkt 256001
loans who want to apply for additional
loans on their policies to refinance these
existing fixed-rate loans into new
variable-rate loans subject to a new loan
rate equal to variable loan rates
available from VA at the time of the loan
application. This practice is acceptable
within the insurance industry and
would allow VA to offer loans against
the remaining available cash value of
Veterans’ life insurance coverage, and
reduce administrative complexity and
costs associated with managing multiple
loans for a single policyholder.
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. The Office of
Information and Regulatory Affairs has
determined that this rule is not a
significant regulatory action under
Executive Order 12866. The Regulatory
Impact Analysis associated with this
rulemaking can be found as a
supporting document at
www.regulations.gov.
Regulatory Flexibility Act
The Secretary 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), the initial
and final regulatory flexibility analysis
requirements of 5 U.S.C. 603 and 604 do
not apply.
Unfunded Mandates
PO 00000
Frm 00008
Fmt 4702
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).
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic
Assistance numbers and titles for the
programs affected by this document are
64.030, Life Insurance for Veterans—
Face Amount of New Life Insurance
Policies Issued, and 64.031-Life
Insurance for Veterans—Direct
Payments for Insurance.
List of Subjects in 38 CFR Part 8
Disability benefits, Life insurance,
Loan programs—veterans, Military
personnel, Veterans.
Signing Authority
Denis McDonough, Secretary of
Veterans Affairs, approved this
document on September 14, 2021, 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.
Jeffrey M. Martin,
Assistant Director, Office of Regulation Policy
& Management, Office of the Secretary,
Department of Veterans Affairs.
For the reasons stated in the
preamble, the Department of Veterans
Affairs 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.
2. Amend § 8.2 by revising paragraph
(c)(2) and adding paragraph (c)(3) to
read as follows:
■
§ 8.2
Payment of premiums.
*
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 would
have no such effect on State, local, and
Sfmt 4702
56847
*
*
*
*
(c) * * *
*
*
*
*
*
(2) Policyholders may pay premiums
in advance on an annual basis.
(3) Policyholders insured as of
[EFFECTIVE DATE OF THE FINAL
RULE] may pay premiums in advance
on an annual, semi-annual, or quarterly
basis.
*
*
*
*
*
■ 3. Amend § 8.13:
E:\FR\FM\13OCP1.SGM
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56848
Federal Register / Vol. 86, No. 195 / Wednesday, October 13, 2021 / Proposed Rules
a. In paragraph (a), by removing
‘‘which will not exceed 94 percent’’ and
adding ‘‘policy’’ before ‘‘reserve’’ in the
first sentence; and
■ b. By revising paragraph (d).
The revision reads as follows:
■
§ 8.13
Policy loans.
*
*
*
*
*
(d) Notwithstanding any other
provisions of this section, the variable
loan rate shall not exceed 12 percent or
be lower than 5 percent per annum. For
policyholders with an existing fixed-rate
loan who subsequently apply for an
additional loan on the same policy, the
existing fixed-rate loan shall be
refinanced into the new variable-rate
loan at the prevailing variable rate at the
time of the new loan application.
[FR Doc. 2021–22208 Filed 10–12–21; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2021–0549; FRL–8856–01–
R9]
Second 10-Year Maintenance Plan for
the Indian Wells Valley PM10 Planning
Area; California
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
jspears on DSK121TN23PROD with PROPOSALS1
FOR FURTHER INFORMATION CONTACT:
The Environmental Protection
Agency (EPA) is proposing to approve
the ‘‘Indian Wells Valley Second 10Year PM10 Maintenance Plan’’ (‘‘Indian
Wells Second Maintenance Plan’’ or
‘‘Plan’’) as a revision to the state
implementation plan (SIP) for the State
of California. The Indian Wells Second
Maintenance Plan includes, among
other elements, a base year emissions
inventory, a maintenance
demonstration, contingency provisions,
and motor vehicle emissions budgets for
use in transportation conformity
determinations. The EPA is proposing
these actions because the SIP revision
meets the applicable statutory and
regulatory requirements for such plans
and motor vehicle emissions budgets.
Lastly, the EPA is beginning the
adequacy process for the 2020 and 2025
motor vehicle emissions budgets in the
Plan through this proposed rule.
DATES: Comments must be received on
or before November 12, 2021.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2021–0549, at https://
www.regulations.gov. For comments
SUMMARY:
VerDate Sep<11>2014
16:28 Oct 12, 2021
Jkt 256001
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. 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
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. If you need
assistance in a language other than
English or if you are a person with
disabilities who needs a reasonable
accommodation at no cost to you, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
Ashley Graham, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105. By phone: (415) 972–3877 or by
email at graham.ashleyr@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Background
A. The PM10 National Ambient Air Quality
Standards
B. The Indian Wells Valley PM10 Planning
Area
II. Procedural Requirements for Adoption
and Submittal of State Implementation
Plan Revisions
III. Requirements for Second 10-Year
Maintenance Plans
IV. Evaluation of the Indian Wells Second
Maintenance Plan
A. Emissions Inventories
B. Maintenance Demonstration
C. Verification of Continued Attainment
D. Contingency Provisions
E. Motor Vehicle Emissions Budgets for
Transportation Conformity
V. Proposed Action and Request for Public
Comment
VI. Statutory and Executive Order Reviews
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Frm 00009
Fmt 4702
Sfmt 4702
I. Background
A. The PM10 National Ambient Air
Quality Standards
Under section 109 of the Clean Air
Act (CAA or ‘‘Act’’), the EPA
established national ambient air quality
standards (NAAQS or ‘‘standards’’) for
certain pervasive air pollutants (referred
to as ‘‘criteria pollutants’’) and conducts
periodic reviews of the NAAQS to
determine whether they should be
revised or whether new NAAQS should
be established. The EPA sets the
NAAQS for criteria pollutants at levels
required to protect public health and
welfare.1 Particulate matter is one of the
ambient pollutants for which the EPA
has established NAAQS.2
In 1987, the EPA established primary
and secondary NAAQS for particles
with an aerodynamic diameter less than
or equal to a nominal 10 microns in
diameter (PM10).3 At that time, the EPA
established two PM10 standards; an
annual standard and a 24-hour
standard.4 The annual PM10 standard
was subsequently revoked.5 More
recently, the EPA announced that it was
retaining the 24-hour PM10 NAAQS as a
24-hour standard of 150 micrograms per
cubic meter (mg/m3).6 In this document,
‘‘PM10 NAAQS’’ or ‘‘PM10 standard’’
refer to the 24-hour PM10 NAAQS.
An area attains the 24-hour standard
of 150 mg/m3 when the expected number
of days per calendar year with a 24-hour
1 For a given air pollutant, ‘‘primary’’ standards
are those determined by the EPA as requisite to
protect the public health. ‘‘Secondary’’ standards
are those determined by the EPA as requisite to
protect the public welfare from any known or
anticipated adverse effects associated with the
presence of such air pollutant in the ambient air.
CAA section 109(b).
2 Particulate matter is the generic term for a broad
class of chemically and physically diverse
substances that exist as discrete particles (liquid
droplets or solids) over a wide range of sizes.
Particles originate from a variety of anthropogenic
stationary and mobile sources as well as from
natural sources. Particles may be emitted directly or
form in the atmosphere by transformations of
gaseous emissions such as sulfur dioxide (SO2),
oxides of nitrogen (NOX), volatile organic
compounds (VOC), and ammonia (NH3). The
chemical and physical properties of particulate
matter vary greatly with time, region, meteorology,
and source category. SO2, NOX, VOC, and NH3 are
referred to as PM10 precursors. As discussed later
in this proposed rule, precursors do not contribute
significantly to elevated ambient PM10
concentrations in the Indian Wells Valley planning
area. Some California air quality plans use the term
reactive organic gases (ROG) instead of VOC. The
terms cover essentially the same compounds, and
herein we use the term VOC.
3 52 FR 24634 (July 1, 1987).
4 The primary and secondary standards were set
at the same level for both the 24-hour and the
annual PM10 standards.
5 In 2006, the EPA retained the 24-hour PM
10
standards but revoked the annual standards. 71 FR
61144 (October 17, 2006).
6 78 FR 3086 (January 15, 2013).
E:\FR\FM\13OCP1.SGM
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Agencies
[Federal Register Volume 86, Number 195 (Wednesday, October 13, 2021)]
[Proposed Rules]
[Pages 56846-56848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22208]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 8
RIN 2900-AR29
National Service Life Insurance Premium Payment and Loan
Amendment
AGENCY: Department of Veterans Affairs.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Veterans Affairs (VA) proposes to amend its
National Service Life Insurance regulations to offer Service-Disabled
Veterans' Insurance policyholders the option of remitting premiums for
government life insurance coverage only on a monthly or annual basis.
VA also proposes to increase the amount that Veteran policyholders are
eligible to borrow against the value of their life insurance policies
and to adjust the interest rates charged for fixed-rate loans in
certain circumstances.
DATES: Comments must be received on or before December 13, 2021.
ADDRESSES: Comments may be submitted through www.Regulations.gov.
Comments should indicate that they are submitted in response to ``RIN
2900-AR29--National Service Life Insurance Premium Payment and Loan
Amendment.'' Comments received will be available at regulations.gov for
public viewing, inspection or copies.
FOR FURTHER INFORMATION CONTACT: Paul Weaver, Insurance Specialist,
Department of Veterans Affairs Insurance Service (310/290B), 5000
Wissahickon Avenue, Philadelphia, PA 19144, (215) 842-2000, ext. 4263.
(This is not a toll-free number.)
SUPPLEMENTARY INFORMATION: Under the authority of 38 U.S.C. 1901-1929,
VA currently administers four distinct life insurance programs:
National Service Life Insurance (NSLI), Veterans' Special Life
Insurance (VSLI), Veterans' Reopened Insurance (VRI), and Service-
Disabled Veterans' Insurance (S-DVI). As of January 31, 2021, these
life insurance programs are providing insurance coverage under 458,424
policies owned by Veterans.
1. Payment of Premiums for Programs Issuing New Policies
Section 1908 of title 38, U.S.C., requires VA to ``prescribe the
time and method of payment of the premiums on insurance'' for those
programs by issuing regulations. VA has implemented this authority in
38 CFR 8.2(c). Section 8.2(c) requires Veteran policyholders to pay
premiums on a monthly basis, with the option of paying premiums on a
quarterly, semi-annual, or annual basis if the premiums are paid in
advance. NSLI, VSLI, and VRI are closed to new issues, and VA does not
propose to modify any premium paying requirements pertaining to these
life insurance programs. However, S-DVI remains open to new issues and
is currently providing coverage to Veterans with service-connected
disabilities. More than 275,000 Veteran policyholders are insured under
S-DVI, and less than 3,000 pay premiums on a quarterly or semi-annual
basis. Because very few S-DVI policyholders are paying premiums on a
quarterly or semi-annual basis and these payment options add
administrative complexity and program costs associated with calculating
premiums due for policyholders who elect these payment options, VA
proposes to eliminate these two payment options for policyholders
receiving future issue of S-DVI. Moreover, research shows that lapsed
rates tend to increase with the number of premium payments made each
year, with the notable exception of monthly payment modes. See, e.g.,
Cathy Ho & Nancy Muise, U.S. Individual Life Persistency: Guaranteed &
Simplified Issue--A Joint Study Sponsored by Soc'y of Actuaries & LIMRA
16 (2013), https://www.soa.org/globalassets/assets/
[[Page 56847]]
Files/Research/Exp-Study/research-2013-gisi-study.pdf (last visited
Aug. 5, 2021). Thus, we propose to amend Sec. 8.2(c) to require
policyholders receiving future issue of S-DVI to submit premiums on the
policy monthly due date or in advance on an annual basis. Veterans who
were previously insured under S-DVI will retain the option of paying
premiums on a monthly basis or in advance on a quarterly, semi-annual,
or annual basis. The proposed amendment is consistent with 38 CFR 8.4,
which allows Veteran policyholders to pay premiums by a monthly
deduction from disability compensation or certain other payments due
from VA. The proposed rule would also apply to Veteran policyholders
who become insured under 38 U.S.C. 1922B(a)(1). (On January 1, 2023, VA
will begin issuing policies under a new service-disabled Veterans'
insurance program, authorized by section 2004(a)(1) of the Johnny
Isakson and David P. Roe, M.D. Veterans Health Care and Benefits
Improvement Act of 2020, Pub. L. 116-315, and codified at 38 U.S.C.
1922B.) In addition, we would add a paragraph in Sec. 8.2(c) to make
clear that NSLI, VSLI, and VRI policyholders, as well as current S-DVI
policyholders, may continue to pay premiums on a monthly basis or in
advance on an annual, semi-annual, or quarterly basis.
2. Adjust Policy Loan Amounts and Interest Rates
Section 1906 of title 38, U.S.C., provides VA discretion to provide
reasonable and practicable provisions pertaining to cash and loan
values by publishing regulations. In 38 CFR 8.13(a), VA states that
``the United States will lend to the insured . . . any amount which
will not exceed 94 percent of the [policy's] reserve.'' Standard
insurance industry practice allows policyholders access to the full
cash value of their policies. To align with standard insurance industry
practice, VA proposes to provide Veteran policyholders with access to
the full cash value that policies accrue over the time period in which
Veteran policyholders pay premiums for life insurance coverage. Thus,
VA proposes to remove from Sec. 8.13(a) the 94 percent limit on the
amount that Veteran policyholders may borrow.
In addition, managing multiple loans for a single policyholder is
administratively complex and costly. Furthermore, it would be cost
prohibitive to modify current technology to support multiple loans for
one policyholder. Thus, VA proposes to amend Sec. 8.13(d) to require
Veteran policyholders with existing fixed-rate loans who want to apply
for additional loans on their policies to refinance these existing
fixed-rate loans into new variable-rate loans subject to a new loan
rate equal to variable loan rates available from VA at the time of the
loan application. This practice is acceptable within the insurance
industry and would allow VA to offer loans against the remaining
available cash value of Veterans' life insurance coverage, and reduce
administrative complexity and costs associated with managing multiple
loans for a single policyholder.
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.
The Office of Information and Regulatory Affairs has determined that
this rule is not a significant regulatory action under Executive Order
12866. The Regulatory Impact Analysis associated with this rulemaking
can be found as a supporting document at www.regulations.gov.
Regulatory Flexibility Act
The Secretary 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), the initial and final
regulatory flexibility analysis requirements of 5 U.S.C. 603 and 604 do
not apply.
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 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).
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic Assistance numbers and titles for
the programs affected by this document are 64.030, Life Insurance for
Veterans--Face Amount of New Life Insurance Policies Issued, and
64.031-Life Insurance for Veterans--Direct Payments for Insurance.
List of Subjects in 38 CFR Part 8
Disability benefits, Life insurance, Loan programs--veterans,
Military personnel, Veterans.
Signing Authority
Denis McDonough, Secretary of Veterans Affairs, approved this
document on September 14, 2021, 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.
Jeffrey M. Martin,
Assistant Director, Office of Regulation Policy & Management, Office of
the Secretary, Department of Veterans Affairs.
For the reasons stated in the preamble, the Department of Veterans
Affairs 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.
0
2. Amend Sec. 8.2 by revising paragraph (c)(2) and adding paragraph
(c)(3) to read as follows:
Sec. 8.2 Payment of premiums.
* * * * *
(c) * * *
* * * * *
(2) Policyholders may pay premiums in advance on an annual basis.
(3) Policyholders insured as of [EFFECTIVE DATE OF THE FINAL RULE]
may pay premiums in advance on an annual, semi-annual, or quarterly
basis.
* * * * *
0
3. Amend Sec. 8.13:
[[Page 56848]]
0
a. In paragraph (a), by removing ``which will not exceed 94 percent''
and adding ``policy'' before ``reserve'' in the first sentence; and
0
b. By revising paragraph (d).
The revision reads as follows:
Sec. 8.13 Policy loans.
* * * * *
(d) Notwithstanding any other provisions of this section, the
variable loan rate shall not exceed 12 percent or be lower than 5
percent per annum. For policyholders with an existing fixed-rate loan
who subsequently apply for an additional loan on the same policy, the
existing fixed-rate loan shall be refinanced into the new variable-rate
loan at the prevailing variable rate at the time of the new loan
application.
[FR Doc. 2021-22208 Filed 10-12-21; 8:45 am]
BILLING CODE 8320-01-P