[Federal Register Volume 77, Number 106 (Friday, June 1, 2012)]
[Rules and Regulations]
[Pages 32397-32398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-13298]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 9
RIN 2900-AO20
Servicemembers' Group Life Insurance Traumatic Injury Protection
Program--Genitourinary Losses
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: The Department of Veterans Affairs (VA) is issuing this final
rule that amends the regulations governing the Servicemembers' Group
Life Insurance Traumatic Injury Protection (TSGLI) program by adding
certain genitourinary (GU) system losses to the TSGLI Schedule of
Losses and defining terms relevant to these new losses. This amendment
is necessary to make qualifying GU losses a basis for paying TSGLI
benefits to servicemembers with severe GU injuries. The intended effect
is to expand the list of losses for which TSGLI payments can be made.
This document adopts as a final rule, without change, the interim final
rule published in the Federal Register on December 2, 2011.
DATES: Effective Date: This rule is effective June 1, 2012.
Applicability Date: VA will apply this rule to injuries incurred on
or after October 7, 2001.
FOR FURTHER INFORMATION CONTACT: Monica Keitt, Attorney/Advisor,
Department of Veterans Affairs Regional Office and Insurance Center
(310/290B), 5000 Wissahickon Avenue, P.O. Box 8079, Philadelphia, PA
19101, (215) 842-2000, ext. 2905. (This is not a toll-free number.)
SUPPLEMENTARY INFORMATION: On December 2, 2011, VA published in the
Federal Register (76 FR 75458) an interim final rule that expanded the
Servicemembers' Group Life Insurance Traumatic Injury Protection
(TSGLI) program to add certain genitourinary (GU) system losses to the
TSGLI Schedule of Losses for which a TSGLI benefit is payable. The
additional GU losses are being added to the TSGLI program in response
to the increase in the number of GU injuries experienced by active duty
servicemembers who are insured under TSGLI.
We provided a 60-day comment period that ended on January 31, 2012.
We received one comment. The commenter stated that the TSGLI program
should be available to all servicemembers and veterans who suffer from
GU injuries, not just servicemembers and veterans who have suffered GU
injuries since October 7, 2001. We will not make any changes based on
this comment. As noted in the interim final rule, Congress authorized
TSGLI payments for losses resulting from traumatic injuries incurred on
or after October 7, 2001. Expansion of coverage to include injuries
sustained prior to that date would require legislative action.
Based on the rationale set forth in the interim final rule, we
adopt the interim final rule without change as a final rule.
[[Page 32398]]
Administrative Procedure Act
This document affirms as final, without change, the interim final
rule that is already in effect. In accordance with 5 U.S.C. 553(d)(3),
the Secretary of Veterans Affairs has concluded that there is good
cause to publish this rule with an immediate effective date.
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
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, or tribal governments or on the private sector.
Paperwork Reduction Act
This final 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.
Executive Order 12866 (Regulatory Planning and Review) defines a
``significant regulatory action'' requiring 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.''
VA has examined the economic, interagency, budgetary, legal, and
policy implications of this regulatory action and has determined that
it is not a significant regulatory action under Executive Order 12866.
Regulatory Flexibility Act
The Secretary of Veterans Affairs 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. This final rule will directly
affect only individuals and will not directly affect 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.
Catalog of Federal Domestic Assistance Number and Title:
The Catalog of Federal Domestic Assistance Program number and title
for this regulation 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. John R.
Gingrich, Chief of Staff, Department of Veterans Affairs, approved this
document on May 24, 2012, for publication.
List of Subjects in 38 CFR Part 9
Life insurance, Military personnel, Veterans.
Dated: May 29, 2012.
Robert C. McFetridge,
Director of Regulation Policy and Management, Office of the General
Counsel, Department of Veterans Affairs.
Accordingly, the interim final rule amending 38 CFR part 9, which
was published at 76 FR 75458 on December 2, 2011, is adopted as a final
rule without change.
[FR Doc. 2012-13298 Filed 5-31-12; 8:45 am]
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