[Federal Register Volume 86, Number 54 (Tuesday, March 23, 2021)]
[Proposed Rules]
[Pages 15448-15449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05852]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 9

RIN 2900-AQ53


Servicemembers' Group Life Insurance Traumatic Injury Protection 
Program Amendments

AGENCY: Department of Veterans Affairs.

ACTION: Supplemental notice of proposed rulemaking.

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SUMMARY: On August 19, 2020, the Department of Veterans Affairs (VA) 
published a notice of proposed rulemaking to amend its regulations that 
govern the Servicemembers' Group Life Insurance Traumatic Injury 
Protection (TSGLI) program. This supplemental notice of proposed 
rulemaking (SNPRM) clarifies that VA's proposed denial of a petition 
for rulemaking, as set forth in that proposed rulemaking, is a proper 
subject for the submission of comments and provides a new opportunity 
for submission of such comments.

[[Page 15449]]


DATES: Comments must be received on or before May 24, 2021.

ADDRESSES: Comments may be submitted through www.Regulations.gov or 
mailed to Department of Veterans Affairs Insurance Center (310/290B), 
5000 Wissahickon Avenue, Philadelphia, PA 19144]. Comments should 
indicate that they are submitted in response to AQ53-Servicemembers' 
Group Life Insurance Traumatic Injury Protection Program. Comments 
received will be available at regulations.gov for public viewing, 
inspection or copies.

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: On August 19, 2020, VA published a notice of 
proposed rulemaking to amend VA regulations governing the TSGLI 
program. 85 FR 50973. That rulemaking also proposed to deny a petition 
for rulemaking requesting that VA:
    1. Amend the definition of ``traumatic event'' in current Sec.  
9.20(b)(1) to include ``application of . . . explosive ordnance . . . 
causing damage to a living being.''
    2. Amend the definition of ``traumatic injury'' in current Sec.  
9.20(c)(2)(ii) to include a ``physical illness or disease . . . caused 
by . . . explosive ordnance.''
    3. Amend the list of exclusions in current Sec.  9.20(e)(4)(i) to 
provide that a scheduled loss resulting from a ``physical illness or 
disease caused by explosive ordnance'' will not be excluded from TSGLI 
coverage.
    4. Add the following definition of ``explosive ordnance'' to 
current Sec.  9.20(e)(6): ``all munitions containing explosives, . . . 
includ[ing], but . . . not limited to, improvised explosive devices 
(IEDs).''
    This SNPRM does not propose any substantive changes to the 
previously published proposed rule. Rather, through this SNPRM, we 
simply seek to (1) clarify that VA proposes to deny the petition for 
rulemaking for the reasons set forth in the preamble to the proposed 
rulemaking, see 85 FR 50982-83, and (2) provide additional opportunity 
for public comment on that subject specifically because the August 2020 
proposed rule may not have been entirely clear that the issues raised 
in the petition and the proposed denial thereof were subject to public 
comment.
    VA hereby invites comments on the petition and the proposed denial 
thereof. Before making a final decision on the petition and the 
issuance of a final rulemaking, VA will consider all comments received 
during the comment period ending on October 19, 2020, in response to 
the August 2020 proposed rule and all comments received in response to 
this SNPRM by the closing date. If you submitted a comment regarding 
the petition in response to the August 2020 proposed rule, you do not 
need to submit the same comment again. This SNPRM does not reopen the 
other proposals that were contained in the August 2020 proposed 
rulemaking or request further comments on those proposals.

Paperwork Reduction Act

    This proposed rule contains no provisions constituting a collection 
of information under the Paperwork Reduction Act (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. 
The Office of Information and Regulatory Affairs has determined that 
this rule is not a significant regulatory action under Executive Order 
12866.
    VA's impact analysis can be found as a supporting document at 
http://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 website at 
http://www.va.gov/orpm by following the link for ``VA Regulations 
Published From FY 2004 Through Fiscal Year to Date.''

Regulatory Flexibility Act

    The Secretary 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. 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.

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.

List of Subjects in Part 9

    Life insurance, Servicemembers, Veterans.

Signing Authority

    Denis McDonough, Secretary of Veterans Affairs, approved this 
document on March 8, 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.
[FR Doc. 2021-05852 Filed 3-22-21; 8:45 am]
BILLING CODE 8320-01-P