### 77457 Federal Register / Vol. 76, No. 239 / Tuesday, December 13, 2011 / Proposed Rules

R. Gingrich, Chief of Staff, Department of Veterans Affairs, approved this document on November 14, 2011, for publication. List of Subjects in 38 CFR Part 9

Life insurance, Military personnel, Veterans.

Dated: December 8, 2011. Robert C. McFetridge, Director of Regulation Policy and Management, Office of the General Counsel, Department of Veterans Affairs.

For the reasons stated in the preamble, VA proposes to amend 38 CFR part 9 as set forth below:

**PART 9—SERVICEMEMBERS’ GROUP LIFE INSURANCE AND VETERANS’**  **GROUP LIFE INSURANCE**

1. The authority citation for part 9 continues to read as follows:

Authority: 38 U.S.C. 501, 1965–1980A, unless otherwise noted.

2. Amend § 9.1 by adding a new paragraph (l) to read as follows:

**§ 9.1 Definitions.**
* * * * *

(l) The term member of the family as used in § 9.5(e)(2) means an individual with any of the following relationships to a person who is convicted of intentionally killing the decedent or determined in a civil proceeding to have intentionally killed the decedent:

(1) Spouse; (2) Biological, adopted, or step child; (3) Biological, adoptive, or step parent;

(4) Biological, adopted, or step sibling;

(5) Biological, adoptive, or step grandparent or grandchild; or

(6) Domestic partner. 3. Amend § 9.5 by adding paragraph (e) to read as follows:

**§ 9.5 Payment of proceeds.**
* * * * *

(e)(1) The proceeds payable because of the death of an individual insured under Servicemembers’ Group Life Insurance or Veterans’ Group Life Insurance (‘‘decedent’’) shall not be payable to any person described in paragraph (e)(2) of this section. A Servicemembers’ Group Life Insurance Traumatic Injury Protection benefit payable under § 9.20(j)(3) shall not be payable to any person described in paragraph (e)(2) of this section.

(2) The persons described in this paragraph are:

(i) A person who is convicted of intentionally killing the decedent or determined in a civil proceeding to have intentionally killed the decedent; (ii) A member of the family of a person described in paragraph (e)(2)(i) of this section who is not related to the decedent by blood, legal adoption, or marriage; and

(iii) A member of the family of a person described in paragraph (e)(2)(i) of this section who is related to the decedent by blood, legal adoption, or marriage and who is convicted of a crime involving the intentional killing of the decedent or determined in a civil proceeding to have been involved in the intentional killing the decedent.

(3) The Servicemembers’ Group Life Insurance or Veterans’ Group Life Insurance proceeds or Servicemembers’ Group Life Insurance Traumatic Injury Protection benefit not payable under paragraph (e)(1) of this section to any person described in paragraph(e)(2) of this section is not payable to such persons even though the criminal conviction or civil determination is pending appeal.

(4)(i) Servicemembers’ Group Life Insurance or Veterans’ Group Life Insurance proceeds or a Servicemembers’ Group Life Insurance Traumatic Injury Protection benefit not payable under paragraphs (e)(1) and (e)(2) of this section shall be payable to the first person or persons listed in paragraphs (e)(4)(i)(A) through (F) of this section who are surviving on the date of the decedent’s death in the following order of precedence:

(A) To the next eligible beneficiary designated by the decedent in a writing received by the appropriate office of the applicable uniformed service before the decedent’s death in the uniformed services in the case of Servicemembers’ Group Life Insurance proceeds or a Servicemembers’ Group Life Insurance Traumatic Injury Protection benefit, or in a writing received by the administrative office defined in § 9.1(b) of this part before the decedent’s death in the case of Veterans’ Group Life Insurance proceeds;

(B) To the decedent’s surviving
spouse;

(C) To the decedent’s child or children, in equal shares, and descendants of deceased children by representation;

(D) To the decedent’s parents, in equal shares, or to the survivor of them;

(E) To the duly appointed executor or administrator of the decedent’s estate;

(F) To other next of kin of the decedent as determined by the insurer (defined in § 9.1(c) of this part) under the laws of domicile of the decedent at the time of the decedent’s death.

(ii) Payment of Servicemembers’ Group Life Insurance or Veterans’ Group Life Insurance proceeds or a Servicemembers’ Group Life Insurance Traumatic Injury Protection benefit to any person under paragraph (e)(4)(i) of this section shall bar recovery of those proceeds or that benefit by any other
person. * * * * * [FR Doc. 2011–31870 Filed 12–12–11; 8:45 am]

**BILLING CODE 8320–01–P**

**ENVIRONMENTAL PROTECTION AGENCY** 

**40 CFR Part 300**

**[EPA–HQ–SFUND–1999–0013; FRL–9503–8]**

**National Oil and Hazardous Substances Pollution Contingency**  **Plan; National Priorities List: Deletion of the Hiteman Leather Superfund Site** 

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Proposed rule; notice of intent.

**SUMMARY :**  EPA, Region 2, is issuing a Notice of Intent to Delete the Hiteman Leather Superfund Site (Site), located in West Winfield, New York, from the National Priorities List (NPL) and requests public comments on this proposed action. The NPL, promulgated pursuant to Section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). EPA and the State of New York, through the New York State Department of Environmental Conservation, have determined that all appropriate response actions under CERCLA, other than monitoring and maintenance and five-year reviews, have been completed. However, the deletion does not preclude future action under Superfund.

**DATES :**  Comments must be received by January 12, 2012.

**ADDRESSES :**  Submit your comments, identified by Docket ID no. EPA–HQ– SFUND–1999–0013, by one of the following methods:

Web site: http://www.regulations.gov. Follow the on-line instructions for submitting comments.

Email: mongelli.thomas@epa.gov. Fax: To the attention of Thomas Mongelli at (212) 637–3966.

Mail: To the attention of Thomas Mongelli, Remedial Project Manager, Emergency and Remedial Response Division, U.S. Environmental Protection Agency, Region 2, 290 Broadway, 20th Floor, New York, NY 10007–1866.

Hand Delivery: Superfund Records Center, 290 Broadway, 18th Floor, New


### 77458 Federal Register / Vol. 76, No. 239 / Tuesday, December 13, 2011 / Proposed Rules

York, NY 10007–1866 (telephone: (212) 637–4308). Such deliveries are only accepted during the Record Center’s normal hours of operation (Monday to Friday from 9 a.m. to 5 p.m.). Special arrangements should be made for deliveries of boxed information.

Instructions: Direct your comments to Docket ID no. EPA–HQ–SFUND–1999– 0013: EPA’s policy is that all comments received will be included in the Docket without change and may be made available online at http:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through http:// www.regulations.gov or via email. The http://www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comments. If you send comments to EPA via email, your email address will be included as part of the comment that is placed in the Docket and made available on the Web site. If you submit electronic comments, EPA recommends that you include your name and other contact information in the body of yourcomments and with any disks or CDROMs that you submit. If EPA cannot read your comments due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comments. Electronic files should avoid the use of special characters and any form of encryption and should be free of any defects or viruses.

Docket: All documents in the Docket are listed in the http:// www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available Docket materials can be viewed electronically
at http://www.regulations.gov or obtained in hard copy at: U.S. Environmental Protection Agency,

Region 2, Superfund Records Center, 290 Broadway, 18th Floor, New York, NY 10007–1866, Phone: (212) 637– 4308, Hours: Monday to Friday from 9 a.m. to 5 p.m. and West Winfield Library, Bisby Hall, 179

South Street, West Winfield, NY 13491, Phone: (315) 822–6394, Hours: Monday, Tuesday, Thursday, and Friday from 12:30–5:30 p.m., Wednesday from 10 a.m.–12 p.m. and 6–8 p.m., and Saturdays from 10 a.m.–12 p.m. (Sept.–May).

**FOR FURTHER INFORMATION CONTACT :**  Thomas Mongelli, Remedial Project Manager, by mail at Emergency and Remedial Response Division, U.S. Environmental Protection Agency, Region 2, 290 Broadway, 20th floor, New York, NY 10007–1866; telephone at (212) 637–4256; fax at (212) 637– 3966; or email at mongelli.thomas@epa.gov.

**SUPPLEMENTARY INFORMATION :**  In the ‘‘Rules and Regulations’’ Section of today’s Federal Register, EPA is publishing a direct final Notice of Deletion of the Site without prior Notice of Intent to Delete because EPA views this as a noncontroversial revision and anticipate no adverse comment. EPA has explained its reasons for this deletion in the preamble to the direct final Notice of Deletion. If EPA receives no adverse comment(s) on this Notice of Intent to Delete or the direct final Notice of Deletion, EPA will proceed with the deletion without further notice on this Notice of Intent to Delete. If EPA receives adverse comment(s), EPA will withdraw the direct final Notice of Deletion and it will not take effect. EPA will, as appropriate, address all public comments in a subsequent final Notice of Deletion based on this Notice of Intent to Delete. EPA will not institute a second comment period on this Notice of Intent to Delete. Any parties interested in commenting must do so at this time.

For additional information, see the direct final Notice of Deletion, which is located in the ‘‘Rules’’ section of this Federal Register

. List of Subjects in 40 CFR Part 300

Environmental protection, Air pollution control, Chemicals, Hazardous substances, Hazardous waste, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements, Superfund, Water pollution control, Water supply.

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp., p. 193.

Dated: November 22, 2011. Judith A. Enck, Regional Administrator, EPA, Region 2.
[FR Doc. 2011–31914 Filed 12–12–11; 8:45 am]

**BILLING CODE 6560–50–P DEPARTMENT OF TRANSPORTATION** 

**Federal Motor Carrier Safety Administration** 

**49 CFR Part 386**

**[Docket No. FMCSA–2011–0259]**

**RIN 2126–AB38**

**Amendment to Agency Rules of Practice** 

**AGENCY :**  Federal Motor Carrier Safety Administration (FMCSA), DOT.

**ACTION :**  Notice of proposed rulemaking.

**SUMMARY :**  FMCSA proposes to amend its Rules of Practice for Motor Carrier, Intermodal Equipment Provider, Broker, Freight Forwarder, and Hazardous Materials Proceedings in three respects. First, the Agency proposes to clarify that paying the full proposed civil penalty in an enforcement proceeding, either in response to a Notice of Claim (NOC) or later in the proceeding, would not allow respondents to unilaterally avoid an admission of liability for the violations charged. Second, FMCSA proposes toestablish procedures for issuing out-ofservice orders to motor carriers, intermodal equipment providers, brokers, and freight forwarders it determines are reincarnations of other entities with a history of failing to comply with statutory or regulatory requirements. These procedures would provide for administrative review before the out-of-service order takes effect. Finally, the Agency proposes procedures for consolidating Agency records of reincarnated companies with their predecessor entities.

**DATES :**  Comments must be received on or before January 12, 2012.

**ADDRESSES :**  You may submit comments identified by Docket Number FMCSA– 2011–0259 using any of the following methods:

• Federal eRulemaking Portal: http:// www.regulations.gov. Follow the online instructions for submitting comments.

• Mail: Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building, Ground Floor, Room W12–140, Washington, DC 20590–0001.

• Hand Delivery or Courier: West Building, Ground Floor, Room W12– 140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. E.T., Monday through Friday, except Federal holidays.

• Fax: (202) 493–2251. To avoid duplication, please use only one of these four methods. See the ‘‘Public Participation and Request for Comments’’ portion of the

**SUPPLEMENTARY INFORMATION** section