[Federal Register Volume 74, Number 106 (Thursday, June 4, 2009)]
[Rules and Regulations]
[Pages 26788-26789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13097]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 9

RIN 2900-AN00


Servicemembers' Group Life Insurance Traumatic Injury Protection 
Program

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document adopts as a final rule, without change, an 
interim

[[Page 26789]]

final rule amending the Department of Veterans Affairs (VA) regulation 
regarding the Servicemembers' Group Life Insurance traumatic injury 
protection (TSGLI) program. The amendment was necessary in order to add 
losses that would be covered under the program and to define terms that 
are relevant to these new losses. The final rule also clarifies 
existing language in the regulation and reorganizes several existing 
provisions.

DATES: Effective Date: June 4, 2009.

FOR FURTHER INFORMATION CONTACT: Jeanne King, Attorney-Advisor, 
Department of Veterans Affairs Regional Office and Insurance Center 
(310/290B), P.O. Box 8079, Philadelphia, Pennsylvania 19101, (215) 842-
2000, ext. 4839 (This is not a toll-free number).

SUPPLEMENTARY INFORMATION: An interim final rule amending VA's 
regulation regarding the added losses to the TSGLI program, the 
clarification of existing language, and the reorganization of certain 
provisions was published in the Federal Register on November 26, 2008 
(73 FR 71926).
    We provided a 30-day comment period that ended on December 26, 
2008. No comments were received. Based on the rationale set forth in 
the interim final rule, we now adopt the interim final rule as a final 
rule without change.

Administrative Procedure Act

    This document, without change, affirms the amendment made by the 
interim final rule that is already in effect. The Secretary of Veterans 
Affairs concluded that, under 5 U.S.C. 553(b)(3)(B), there was good 
cause to dispense with the opportunity for prior comment with respect 
to this rule. The Secretary found that it was impracticable, 
unnecessary, and contrary to the public interest to delay this 
regulation for the purpose of soliciting prior public comment. 
Nevertheless, the Secretary invited public comment on the interim final 
rule but did not receive any comments. The amendment was consistent 
with the priorities established by Congress and was needed on an 
expedited basis because the prior version of the regulation would have 
precluded VA from providing a TSGLI payment for the other losses that 
the agency had determined should be added as a covered benefit under 
the program.

Unfunded Mandates

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

Executive Order 12866

    Executive Order 12866 directs agencies to assess all costs and 
benefits of available regulatory alternatives and, when regulation is 
necessary, to select regulatory approaches that maximize net benefits 
(including potential economic, environmental, public health and safety, 
and other advantages; distributive impacts; and equity). The Executive 
Order classifies 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 the Executive 
Order.
    The economic, interagency, budgetary, legal, and policy 
implications of this final rule have been examined and it has been 
determined to be a significant regulatory action under the Executive 
Order because it is likely to result in a rule that may raise novel 
legal or policy issues arising out of legal mandates, the President's 
priorities, or the principles set forth in the Executive Order.

Paperwork Reduction Act

    This document expands the collection of information under the 
Paperwork Reduction Act (44 U.S.C. 3501-3521) (the Act). Accordingly, 
under section 3507(d) of the Act, VA submitted a copy of the amended 
TSGLI form (titled Application for TSGLI Benefits Form) to OMB for its 
review of the proposed collection of information concurrent with the 
publication of the interim final rule.

Regulatory Flexibility Act

    The Secretary hereby certifies that this final rule will not have a 
significant economic impact on a substantial number of small entities 
as they are defined in the Regulatory Flexibility Act, 5 U.S.C. 601 et 
seq. The rule will directly affect only individuals and will not 
directly affect small entities. Therefore, pursuant to 5 U.S.C. 605(b), 
this final rule is exempt from the initial and final regulatory 
flexibility analyses requirements of sections 603 and 604.

Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance Program number and title 
for this rule is 64.103, Life Insurance for Veterans.

List of Subjects in 38 CFR Part 9

    Life insurance, Military personnel, Veterans.

    Approved: May 19, 2009.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.

PART 9--SERVICEMEMBERS' GROUP LIFE INSURANCE AND VETERANS' GROUP 
LIFE INSURANCE

0
Accordingly, the interim final rule amending 38 CFR part 9, which was 
published at 73 FR 71926 on November 26, 2008, is adopted as a final 
rule without change.

[FR Doc. E9-13097 Filed 6-3-09; 8:45 am]
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