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

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 


srobinson on DSK4SPTVN1PROD with PROPOSALS
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 your 

comments 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 to 

establish 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 


srobinson on DSK4SPTVN1PROD with PROPOSALS