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					                                                      4734                   Federal Register / Vol. 77, No. 20 / Tuesday, January 31, 2012 / Proposed Rules

                                                      § 559.5 Does a tribe need to notify the                 delivery to Director, Regulations                      VA added paragraph (k) to 38 CFR 9.1
                                                      Chair if a facility license is terminated or            Management (02REG), Department of                      to define the term ‘‘member’s stillborn
                                                      expires or if a gaming place, facility, or              Veterans Affairs, 810 Vermont Ave.                     child’’ for purposes of SGLI coverage. 74
                                                      location closes or reopens?                             NW., Room 1068, Washington, DC                         FR 59479.
                                                        A tribe must notify the Chair within                  20420; or by fax to (202) 273–9026.                       Our research has determined that the
                                                      30 days if a facility license is terminated             Comments should indicate that they are                 law of the 50 States is silent as to which
                                                      or expires or if a gaming place, facility,              submitted in response to ‘‘RIN 2900–                   parent of a stillborn child has legal
                                                      or location closes or reopens. A tribe                  AO30—Servicemembers’ Group Life                        custody of the stillborn child. VA would
                                                      need not provide a notification of                      Insurance—Stillborn Child Coverage.’’                  not be able to determine the legal
                                                      seasonal closures or temporary closures                 Copies of comments received will be                    custodian of a stillborn child in
                                                      with a duration of less than 180 days.                  available for public inspection in the                 accordance with State law. Therefore,
                                                                                                              Office of Regulation Policy and                        we propose that a stillborn child of two
                                                      § 559.6 May the Chair require a tribe to
                                                      submit applicable and available Indian                  Management, Room 1063B, between the                    SGLI-covered parents will always be
                                                      lands or environmental and public health                hours of 8 a.m. and 4:30 p.m., Monday                  insured under the mother’s coverage.
                                                      and safety documentation regarding any                  through Friday (except holidays). Please                  Ease of application is just one reason
                                                      gaming place, facility, or location where               call (202) 461–4902 for an appointment.                for adopting such a simple rule. VA
                                                      gaming will occur?                                      (This is not a toll free number.) In                   proposes this rule also because a
                                                        A tribe shall provide applicable and                  addition, during the comment period,                   stillborn child was exclusively in the
                                                      available Indian lands or environmental                 comments are available online through                  mother’s physical custody. Furthermore,
                                                      and public health and safety                            the Federal Docket Management System                   if the paternity of a stillborn child were
                                                      documentation requested by the Chair.                   (FDMS) at http://www.Regulations.gov.                  in issue, it would be particularly
                                                                                                              FOR FURTHER INFORMATION CONTACT:                       onerous to require a stillborn’s father to
                                                      § 559.7 May a tribe submit documents                                                                           establish paternity of the stillborn child.
                                                                                                              Gregory C. Hosmer, Senior Attorney-
                                                      required by this part electronically?                                                                          It would be more compassionate under
                                                                                                              Advisor, Department of Veterans Affairs
                                                        Yes. Tribes wishing to submit                         Regional Office and Insurance Center                   such circumstances to simply apply a
                                                      documents electronically should contact                 (310/290B), P.O. Box 8079,                             standing rule that obviates the need for
                                                      the Commission for guidance on                          Philadelphia, Pennsylvania 19101, (215)                such determinations. We therefore
                                                      acceptable document formats and means                   842–2000, ext 4280. (This is not a toll                propose a rule to amend 38 CFR 9.5 by
                                                      of transmission.                                        free number.)                                          adding paragraph (e) to provide that, if
                                                        Dated: January 23, 2012.                                                                                     a stillborn child is otherwise eligible to
                                                                                                              SUPPLEMENTARY INFORMATION: The
                                                      Tracie L. Stevens,                                                                                             be insured by the coverage of more than
                                                                                                              Veterans’ Survivor Benefits
                                                                                                                                                                     one member, the stillborn child would
                                                      Chairwoman.                                             Improvements Act of 2001, Public Law
                                                                                                                                                                     be insured by the coverage of the SGLI-
                                                      Steffani A. Cochran,                                    107–14, established a program of family
                                                                                                                                                                     insured mother.
                                                      Vice-Chairwoman.                                        insurance coverage under
                                                                                                                                                                        This rule would apply to claims filed
                                                        Dated: January 23, 2012.                              Servicemembers’ Group Life Insurance
                                                                                                                                                                     on or after the publication of the final
                                                                                                              (SGLI) through which a SGLI-insured
                                                      Daniel J. Little,                                                                                              rule.
                                                                                                              service member’s insurable dependents
                                                      Associate Commissioner.
                                                                                                              could also be insured. Section 1965(10)                Unfunded Mandates
                                                      [FR Doc. 2012–1915 Filed 1–27–12; 11:15 am]
                                                                                                              of title 38, United States Code, defined                  The Unfunded Mandates Reform Act
                                                      BILLING CODE 7565–01–P                                  ‘‘insurable dependent’’ as a service                   of 1995 requires, at 2 U.S.C. 1532, that
                                                                                                              member’s spouse or child. Under 38                     agencies prepare an assessment of
                                                                                                              U.S.C. 1967(a), the child of a SGLI-                   anticipated costs and benefits before
                                                      DEPARTMENT OF VETERANS                                  insured member is automatically                        issuing any rule that may result in an
                                                      AFFAIRS                                                 insured for $10,000.                                   expenditure by State, local, and tribal
                                                                                                                 Section 1967(a)(4)(B) prohibits an                  governments, in the aggregate, or by the
                                                      38 CFR Part 9                                           insurable dependent who is a child from                private sector, of $100 million or more
                                                      RIN 2900–AO30                                           being insured at any time under the                    (adjusted annually for inflation) in any
                                                                                                              SGLI coverage of more than one                         one year. This rule would have no such
                                                      Servicemembers’ Group Life                              member, i.e., more than one SGLI-                      effect on State, local, and tribal
                                                      Insurance—Stillborn Child Coverage                      insured parent. If a child is otherwise                governments or the private sector.
                                                                                                              eligible to be insured by the coverage of
                                                      AGENCY:    Department of Veterans Affairs.              more than one member, under section                    Paperwork Reduction Act
                                                      ACTION:   Proposed rule.                                1967(a)(4)(B) the child is insured by the                This proposed rule contains no
                                                                                                              coverage of the member whose                           provision constituting a collection of
                                                      SUMMARY:     The Department of Veterans                 eligibility for SGLI occurred first,
                                                      Affairs (VA) proposes to amend its                                                                             information under the Paperwork
                                                                                                              ‘‘except that if that member does not                  Reduction Act (44 U.S.C. 3501 et seq.).
                                                      Servicemembers’ Group Life Insurance                    have legal custody of the child, the
                                                      (SGLI) regulations in order to provide                  child shall be insured by the coverage                 Executive Orders 12866 and 13563
                                                      that, if a stillborn child is otherwise                 of the member who has legal custody of                    Executive Orders 12866 and 13563
                                                      eligible to be insured by the SGLI
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS




                                                                                                              the child.’’ Which parent has legal                    direct agencies to assess all costs and
                                                      coverage of more than one member, the                   custody of a child is determined in                    benefits of available regulatory
                                                      child would be insured by the coverage                  accordance with applicable State law.                  alternatives and, when regulation is
                                                      of the child’s SGLI-insured mother.                        Section 402 of the Veterans’ Benefits               necessary, to select regulatory
                                                      DATES: Comments must be received by                     Improvement Act of 2008, Public Law                    approaches that maximize net benefits
                                                      VA on or before April 2, 2012.                          110–389, expanded the definition of                    (including potential economic,
                                                      ADDRESSES: Written comments may be                      ‘‘insurable dependent’’ for SGLI                       environmental, public health and safety
                                                      submitted through http://                               purposes to include a ‘‘member’s                       effects, and other advantages;
                                                      www.Regulations.gov; by mail or hand-                   stillborn child.’’ On November 18, 2009,               distributive impacts; and equity).


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                                                                             Federal Register / Vol. 77, No. 20 / Tuesday, January 31, 2012 / Proposed Rules                                            4735

                                                      Executive Order 13563 (Improving                        document on January 22, 2012, for                      comments were to be submitted by
                                                      Regulation and Regulatory Review)                       publication.                                           February 13, 2012. In order to ensure
                                                      emphasizes the importance of                                                                                   that the public has a sufficient time to
                                                                                                              List of Subjects in 38 CFR Part 9
                                                      quantifying both costs and benefits,                                                                           analyze our proposed rule, the EPA is
                                                      reducing costs, harmonizing rules, and                    Life insurance, Military personnel,                  extending the public comment period
                                                      promoting flexibility. Executive Order                  Veterans.                                              until February 28, 2012.
                                                      12866 (Regulatory Planning and                            Dated: January 26, 2012.                             DATES: Comments. Comments on the
                                                      Review) defines a ‘‘significant                         Robert C. McFetridge,                                  proposed rule published December 30,
                                                      regulatory action,’’ which requires                     Director of Regulation Policy and                      2011 (76 FR 82219) must be received on
                                                      review by the Office of Management and                  Management, Office of the General Counsel,             or before February 28, 2012.
                                                      Budget (OMB), as ‘‘any regulatory action                Department of Veterans Affairs.                        ADDRESSES: Comments. Submit your
                                                      that is likely to result in a rule that may:                                                                   comments, identified by Docket ID No.
                                                      (1) Have an annual effect on the                          For the reasons stated in the
                                                                                                              preamble, the Department of Veterans                   EPA–HQ–OAR–2011–0729, by one of
                                                      economy of $100 million or more or                                                                             the following methods:
                                                      adversely affect in a material way the                  Affairs proposes to amend 38 CFR part
                                                                                                              9 as follows:                                             • www.regulations.gov: Follow the
                                                      economy, a sector of the economy,                                                                              online instructions for submitting
                                                      productivity, competition, jobs, the                    PART 9—SERVICEMEMBERS’ GROUP                           comments.
                                                      environment, public health or safety, or                LIFE INSURANCE AND VETERANS’                              • Email: a-and-r-docket@epa.gov.
                                                      State, local, or tribal governments or                  GROUP LIFE INSURANCE                                      • Fax: (202) 566–9744.
                                                      communities; (2) create a serious                                                                                 • Mail: Attention Docket ID No. EPA–
                                                      inconsistency or otherwise interfere                      1. The authority citation for part 9                 HQ–OAR–2011–0729, U.S.
                                                      with an action taken or planned by                      continues to read as follows:                          Environmental Protection Agency, EPA
                                                      another agency; (3) materially alter the                  Authority: 38 U.S.C. 501, 1965–1980A,                West (Air Docket), 1200 Pennsylvania
                                                      budgetary impact of entitlements,                       unless otherwise noted.                                Avenue NW., Mail code: 6102T,
                                                      grants, user fees, or loan programs or the                                                                     Washington, DC 20460. Please include a
                                                      rights and obligations of recipients                       2. Section 9.5 is amended by adding
                                                                                                              paragraph (e) and revising the authority               total of 2 copies.
                                                      thereof; or (4) raise novel legal or policy                                                                       • Hand Delivery: U.S. Environmental
                                                      issues arising out of legal mandates, the               citation at the end of the section to read
                                                                                                              as follows:                                            Protection Agency, EPA West (Air
                                                      President’s priorities, or the principles                                                                      Docket), 1301 Constitution Avenue,
                                                      set forth in this Executive Order.’’                    § 9.5   Payment of proceeds.                           Northwest, Room 3334, Washington, DC
                                                         VA has examined the economic,                        *      *      *     *     *                            20004, Attention Docket ID No. EPA–
                                                      interagency, legal, and policy                             (e) If a stillborn child is otherwise               HQ–OAR–2011–0729. Such deliveries
                                                      implications of this proposed rule and                  eligible to be insured by the                          are only accepted during the Docket’s
                                                      has determined it not to be a significant               Servicemembers’ Group Life Insurance                   normal hours of operation, and special
                                                      regulatory action under Executive Order                 coverage of more than one member, the                  arrangements should be made for
                                                      12866.                                                  child shall be insured by the coverage                 deliveries of boxed information.
                                                                                                              of the child’s insured mother.                            Instructions. Direct your comments to
                                                      Regulatory Flexibility Act                                                                                     Docket ID No. EPA–HQ–OAR–2011–
                                                                                                              (Authority: 38 U.S.C. 501(a), 1965(10),
                                                        The Secretary hereby certifies that                   1967(a)(4)(B))                                         0729. The EPA’s policy is that all
                                                      this proposed rule will not have a                                                                             comments received will be included in
                                                      significant economic impact on a                        [FR Doc. 2012–1990 Filed 1–30–12; 8:45 am]             the public docket without change and
                                                      substantial number of small entities as                 BILLING CODE 8320–01–P                                 may be made available online at
                                                      they are defined in the Regulatory                                                                             www.regulations.gov, including any
                                                      Flexibility Act, 5 U.S.C. 601 et seq. This                                                                     personal information provided, unless
                                                      proposed rule will directly affect only                 ENVIRONMENTAL PROTECTION                               the comment includes information
                                                      individuals and will not directly affect                AGENCY                                                 claimed to be Confidential Business
                                                      small entities. Therefore, pursuant to 5                                                                       Information (CBI) or other information
                                                      U.S.C. 605(b), this proposed rule is                    40 CFR Parts 51 and 52                                 whose disclosure is restricted by statute.
                                                      exempt from the initial and final                       [EPA–HQ–OAR–2011–0729; FRL–9624–4]                     Do not submit information that you
                                                      regulatory flexibility analysis                                                                                consider to be CBI or otherwise
                                                                                                              RIN 2060–AR05                                          protected through www.regulations.gov
                                                      requirements of sections 603 and 604.
                                                                                                                                                                     or email. The www.regulations.gov Web
                                                      Catalog of Federal Domestic Assistance                  Regional Haze: Revisions to
                                                                                                                                                                     site is an ‘‘anonymous access’’ system,
                                                                                                              Provisions Governing Alternatives to
                                                        The catalog of Federal Domestic                                                                              which means the EPA will not know
                                                                                                              Source-Specific Best Available Retrofit
                                                      Assistance Program number and the title                                                                        your identity or contact information
                                                                                                              Technology (BART) Determinations,
                                                      for this regulation is 64.103, Life                                                                            unless you provide it in the body of
                                                                                                              Limited SIP Approvals, and Federal
                                                      Insurance for Veterans.                                                                                        your comment. If you send an email
                                                                                                              Implementation Plans
                                                                                                                                                                     comment directly to the EPA without
                                                      Signing Authority                                                                                              going through www.regulations.gov,
                                                                                                              AGENCY: Environmental Protection
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS




                                                        The Secretary of Veterans Affairs, or                 Agency (EPA).                                          your email address will be
                                                      designee, approved this document and                    ACTION: Notice of Extension of Public                  automatically captured and included as
                                                      authorized the undersigned to sign and                  Comment Period.                                        part of the comment that is placed in the
                                                      submit the document to the Office of the                                                                       public docket and made available on the
                                                      Federal Register for publication                        SUMMARY:   On December 30, 2011, the                   Internet. If you submit an electronic
                                                      electronically as an official document of               EPA published in the Federal Register                  comment, the EPA recommends that
                                                      the Department of Veterans Affairs. John                our proposal to revise rules that pertain              you include your name and other
                                                      R. Gingrich, Chief of Staff, Department                 to the regional haze program. In the                   contact information in the body of your
                                                      of Veterans Affairs, approved this                      proposal, the EPA stated that public                   comment and with any disk or CD–ROM


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