20134 Federal Register / Vol. 61, No. 88 / Monday, May 6, 1996 / Rules and Regulations

authority to order paid advertising for

use in recruitment, the regulations are

amended to delegate such authority to

Administration Heads, Assistant

Secretaries, Other Key Officials (the

General Counsel; the Inspector General;

the Chairman, Board of Veterans’

Appeals; the Chairman, Board of

Contract Appeals; and the Director,

Office of Small and Disadvantaged

Business Utilization), Deputy Assistant

Secretaries, to the deputies of such

officials, to the Deputy Assistant

Secretary and Associate Deputy

Assistant Secretary for Human

Resources Management, and to field

facility Directors. Also, nonsubstantive

changes are made for purposes of

clarity.

EFFECTIVE DATE: May 6, 1996.

FOR FURTHER INFORMATION CONTACT:

Gloria C. Oliver, Chief, Recruitment and

Examining Division (054E),

Employment and Training Service,

Office of Human Resources

Management, Department of Veterans

Affairs, 810 Vermont Avenue, N.W.,

Washington, D.C. 20420, (202) 565–

8231.

SUPPLEMENTARY INFORMATION: This final

rule consists of delegations of authority

and nonsubstantive changes and,

therefore, is not subject to the notice

and comment and effective date

provisions of 5 U.S.C. 553.

The Secretary hereby certifies that

this 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. 601–612. This rule merely

sets forth delegations of authority and

nonsubstantive changes.

There is no Catalog of Federal

Domestic Assistance program number

for this regulation.

List of Subjects in 38 CFR Part 2

Authority delegations (government

agencies).

Approved: April 1, 1996.

Jesse Brown,

Secretary of Veterans Affairs.

For the reasons set out in the

preamble, 38 CFR part 2 is amended as

set forth below:

PART 2—DELEGATIONS OF

AUTHORITY

1. The authority citation for part 2

continues to read as follows:

Authority: 72 Stat. 1114; 38 U.S.C. 501,

unless otherwise noted.

2. Section 2.4 is revised to read as

follows:

§ 2.4 Delegation of authority to order paid

advertising for use in recruitment.

Paid advertisements may be used in

recruitment for VA competitive and

excepted service positions. Authority to

order such advertisements is hereby

delegated to Administration Heads,

Assistant Secretaries, Other Key

Officials (the General Counsel; the

Inspector General; the Chairman, Board

of Veterans’ Appeals; the Chairman,

Board of Contract Appeals; and the

Director, Office of Small and

Disadvantaged Business Utilization),

Deputy Assistant Secretaries, to the

deputies of such officials, to the Deputy

Assistant Secretary and Associate

Deputy Assistant Secretary for Human

Resources Management, and to field

facility Directors.

(Authority: 5 U.S.C. 302(b)(2); 44 U.S.C.

3702)

[FR Doc. 96–11156 Filed 5–3–96; 8:45 am]

BILLING CODE 8320–01–P

38 CFR Part 9

RIN 2900–AH50

Servicemen’s and Veterans’ Group Life

Insurance

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document amends the

Department of Veterans Affairs (VA)

regulations relating to Servicemen’s and

Veterans’ Group Life Insurance by

eliminating provisions that merely

restate statutory provisions or that no

longer apply to the insurance programs

and by rewriting other provisions for

purposes of clarification.

EFFECTIVE DATE: May 6, 1996.

FOR FURTHER INFORMATION CONTACT:

George Poole, Chief, Insurance Program

Administration, Department of Veterans

Affairs Regional Office and Insurance

Center, PO Box 8079, Philadelphia,

Pennsylvania 19101, (215) 951–5718.

SUPPLEMENTARY INFORMATION: The

Insurance Service of the Veterans

Benefits Administration has determined

that it is no longer practicable to publish

in the Federal Register provisions that

merely restate statutory provisions. This

is especially evident when one

considers the burden involved in

keeping such regulatory provisions

current with statutory changes. As an

illustrative example, consider the

previous 38 CFR 9.4, which merely

restated the provisions of 38 U.S.C.

1967(a) as they pertain to the amount of

life insurance coverage allowable under

the Servicemen’s Group Life Insurance

(SGLI) program. When Congress

established the SGLI program in 1965, it

set the maximum coverage available at

$10,000. VA promulgated § 9.4 to reflect

this maximum coverage. Section 9.4 was

merely informational, but added no real

value to the operation of the SGLI

program. Since then, Congress has

increased the maximum coverage six

times, and each time VA has had to

amend § 9.4 to reflect the statutory

change. If VA had not initially

promulgated § 9.4, VA would have

avoided a total of seven regulatory

submissions and their resultant costs.

Accordingly, all or portions of §§ 9.1,

9.4, 9.5, 9.6, 9.7, 9.8, 9.10, 9.12, 9.14,

9.16, 9.17, 9.18, 9.24, 9.32, 9.34 and 9.36

are eliminated because they merely

restate provisions in 38 U.S.C. Chapter

19.

Also, provisions set forth in §§ 9.2(a),

9.2(d)(3), 9.3(a), 9.3(e), 9.5(d), 9.24(a)(1),

9.24(a)(2), and 9.30(a) concern ‘‘sunset’’

requirements that no longer apply to

Servicemen’s or Veterans’ Group Life

Insurance. Consequently, these

provisions are eliminated.

In addition, §§ 9.2 and 9.3 are

combined and rewritten to eliminate

redundant text, and amendments are

made to other sections for purposes of

clarification.

This final rule consists of

nonsubstantive changes and, therefore,

is not subject to the notice-andcomment and effective-date provisions

of 5 U.S.C. 553. Also, this final rule is

not a significant revision as defined in

FAR 1.501–1.

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. 601–612, since

it does not contain any substantive

provisions. This final rule will not

significantly affect any entity. Therefore,

pursuant to 5 U.S.C. 605(b), this

amendment is exempt from the initial

and final regulatory flexibility analysis

requirements of sections 603 and 604.

The Catalog of Federal Domestic

Assistance Program number for these

regulations is 64.103.

List of Subjects in 38 CFR Part 9

Life insurance, Military personnel,

Veterans.

Approved: April 29, 1996.

Jesse Brown,

Secretary of Veterans Affairs.

For the reasons set out in the

preamble, 38 CFR part 9 is amended as

set forth below:
Federal Register / Vol. 61, No. 88 / Monday, May 6, 1996 / Rules and Regulations 20135

PART 9—SERVICEMEN’S GROUP LIFE

INSURANCE AND VETERANS’ GROUP

LIFE INSURANCE

1. The authority citation for part 9 is

revised to read as follows:

Authority: 38 U.S.C. 501, 1965–1979,

unless otherwise noted.

2. In § 9.1, paragraphs (c), (f), (g), (h),

(j), (k), (l), (o), and (s) are removed;

paragraphs (i), (m), (n), (p), (q), and (r)

are redesignated as paragraphs (c), (f),

(g), (h), (i), and (j), respectively; and

introductory text is added, and

paragraphs (a), (b), (d), and (e) are

revised to read as follows:

§ 9.1 Definitions.

The following definitions are in

addition to those definitions in 38

U.S.C. 101 and 1965:

(a) The term policy means Group

Policy No. G–32000, which was

effective September 29, 1965, purchased

from the insurer pursuant to 38 U.S.C.

1966, executed and attested on

December 30, 1965, and amended

thereafter.

(b) The term administrative office

means the Office of Servicemembers’

Group Life Insurance located at 213

Washington Street, Newark, NJ 07102.

* * * * *

(d) The term reinsurer means any life

insurance company meeting all the

criteria set forth in § 9.10 which

reinsures a portion of the total amount

of insurance covered by the policy and

issues individual life insurance policies

to members under the provisions of 38

U.S.C. 1968(b) and 1977(e).

(e) The term converter means any life

insurance company meeting all the

criteria set forth in § 9.10 which issues

individual life insurance policies to

members under the provisions of 38

U.S.C. 1968(b) and 1977(e).

* * * * *

3. Section 9.2 is revised to read as

follows:

§ 9.2 Effective date; Applications.

(a) The effective date of Servicemen’s

Group Life Insurance will be as follows:

(1) For members who qualify for

continuation of coverage under 38

U.S.C. 1967(a)(3), the effective date shall

be the 121st day after termination of

duty. An application and the initial

premium must be received by the

administrative office within 120 days

following termination of duty.

(2) For members who qualify for

coverage under 38 U.S.C. 1967(a)(3) and

whose coverage is extended because of

total disability, the effective date shall

be the day following the end of the 1-

year period of extended coverage or the

day following the end of the total

disability, whichever is the earlier date,

but in no event before the 121st day

following termination of duty. An

application and the initial premium

must be received by the administrative

office within 1 year following

termination of duty.

(b) The effective date of Veterans’

Group Life Insurance will be as follows:

(1) For members whose Servicemen’s

Group Life Insurance coverage ceases

under 38 U.S.C. 1968(a)(1)(A), the

effective date shall be the 121st day after

termination of duty. An application and

the initial premium must be received by

the administrative office within 120

days following termination of duty.

(2) For members whose Servicemen’s

Group Life Insurance coverage was

extended because of total disability, the

effective date shall be the day following

the end of the 1-year period of extended

coverage or the day following the end of

the total disability, whichever is the

earlier date, but in no event before the

121st day following termination of duty.

An application and the initial premium

must be received by the administrative

office within 1 year following

termination of duty.

(3) For members who qualify for

coverage under 38 U.S.C. 1967(b), the

effective date shall be the 121st day after

termination of duty. An application, the

initial premium, and proof of disability

must be received by the administrative

office within 120 days following

termination of duty.

(4) For members of the Individual

Ready Reserve or the Inactive National

Guard, the effective date shall be the

date an application and the initial

premium are received by the

administrative office. The application

and initial premium must be received

by the administrative office within 120

days of becoming a member of either

organization.

(Authority: 38 U.S.C. 1977(e))

(c) If either an application or the

initial premium has not been received

by the administrative office within the

time limits set forth above, Servicemen’s

Group Life Insurance or Veterans’ Group

Life Insurance coverage may still be

granted if an application, the initial

premium, and evidence of insurability

are received by the administrative office

within 1 year and 120 days following

termination of duty.

(d) The effective date for Servicemen’s

Group Life Insurance or Veterans’ Group

Life Insurance in any case not otherwise

covered under this section or under 38

U.S.C. 1967(a) shall be the date an

application and the initial premium are

received by the administrative office.

(e) For purposes of this section, an

application, an initial premium, and any

evidence necessary to effect

Servicemen’s Group Life Insurance or

Veterans’ Group Life Insurance coverage

will be considered to have been

received by the administrative office if:

(1) They are properly addressed to the

administrative office, and

(2) The proper postage is affixed, and

(3) They are legibly postmarked

within the time limit required for

receipt by the administrative office.

§ 9.3 [Removed]

4. Section 9.3 is removed.

§ 9.6 [Redesignated as § 9.3]

5. Section 9.6 is redesignated as § 9.3.

In newly redesignated § 9.3, paragraph

(b) is removed, and paragraph (c) is

redesignated as paragraph (b). Newly

redesignated paragraph (b) is amended

by removing ‘‘, § 9.5(b)(1) or (2),’’

wherever it appears; and paragraph

(b)(3), is amended by removing

‘‘paragraph (c)(2)’’ and adding, in its

place, ‘‘paragraph (b)(2)’’, and by

removing ‘‘under § 9.5(a)’’; and

paragraph (a) is revised to read as

follows:

§ 9.3 Waiver or reduction of coverage.

(a) Full-time coverage which is in

effect will terminate or be reduced at

midnight of the last day of the month a

member’s written notice requesting such

termination or reduction is received by

his or her uniformed service. In the case

of a member paying premiums directly

to the administrative office, full-time

coverage will terminate or be reduced as

of the last day of the month for which

the last full premium was paid.

Termination or reduction of coverage is

effective for the entire remaining period

of active duty unless the member

reinstates his or her coverage under the

provisions of 38 U.S.C. 1967(c). If,

following termination of duty, a member

reenters duty (in the same or another

uniformed service), a waiver or

reduction for the previous period of

duty will not apply to the subsequent

period of duty.

§§ 9.4, 9.5, 9.7, 9.8, 9.10, 9.12, 9.14, 9.17,

9.34, and 9.36 [Removed];

§§ 9.16, 9.18, 9.20, 9.22, 9.24, 9.26, 9.27, 9.28,

9.30 and 9.32 [Redesignated as §§ 9.4

through 9.13]

6. Sections 9.4, 9.5, 9.7, 9.8, 9.10,

9.12, 9.14, 9.17, 9.34, and 9.36 are

removed, and §§ 9.16, 9.18, 9.20, 9.22,

9.24, 9.26, 9.27, 9.28, 9.30, and 9.32 are

redesignated as §§ 9.4, 9.5, 9.6, 9.7, 9.8,

9.9, 9.10, 9.11, 9.12, and 9.13,

respectively.
20136 Federal Register / Vol. 61, No. 88 / Monday, May 6, 1996 / Rules and Regulations

7. In newly redesignated § 9.4,

paragraphs (a), (c), (d), (f), (h), (i), and

(j) are removed; paragraphs (b), (e), and

(g) are redesignated as paragraphs (a),

(b), and (c), respectively; newly

redesignated paragraph (c) is amended

by removing ‘‘election of optional

settlement’’ and adding, in its place,

‘‘settlement option election’’;

introductory text is added; and newly

redesignated paragraph (a) is revised to

read as follows:

§ 9.4 Beneficiaries and options.

Any designation of beneficiary or

election of settlement options is subject

to the provisions of 38 U.S.C. 1970 and

1977 and the following provisions:

(a) Any designation of beneficiary or

settlement option election made by any

member insured under Servicemen’s

Group Life Insurance for full-time

coverage or part-time coverage will

remain in effect until properly changed

by the member or canceled

automatically for any of the following

reasons:

(1) The insurance terminates

following separation or release from all

duty in a uniformed service.

(2) The member enters on duty in

another uniformed service.

(3) The member reenters on duty in

the same uniformed service more than

1 calendar day after separation or

release from all duty in that uniformed

service.

* * * * *

8. In newly redesignated § 9.5,

paragraphs (a), (b), (c), and (e) are

removed; paragraphs (f), (g), and (h) are

redesignated as paragraphs (a), (b), and

(c), respectively; introductory text is

added, and paragraph (d) is added to

read as follows:

§ 9.5 Payment of proceeds.

Proceeds shall be paid in accordance

with provisions set forth in 38 U.S.C.

1970 and the following provisions:

* * * * *

(d) If a member whose coverage is

extended due to total disability converts

the group insurance to an individual

policy which is effective before he or

she ceases to be totally disabled or

before the end of 1 year following

termination of duty, whichever is

earlier, and dies while group insurance

would be in effect, except for such

conversion, the group insurance will be

payable, provided the individual policy

is surrendered for a return of premiums

and without further claim. When there

is no such surrender, any amount of

group insurance in excess of the amount

of the individual policy will be payable.

(Authority: 38 U.S.C. 501)

§ 9.7 [Amended]

9. In newly redesignated § 9.7,

paragraph (a)(1) is amended by

removing ‘‘under § 9.5(b)(3)’’ and

adding, in its place, ‘‘under 38 U.S.C.

1967(b)’’, and by removing ‘‘under

§ 9.7(b)’’. Paragraph (a)(4) is amended by

removing ‘‘and § 9.34’’. Paragraph (a)(5)

is amended by removing ‘‘under § 9.7 (a)

and (b)’’ and adding, in its place, ‘‘under

38 U.S.C. 1968’’. Paragraph (b) is

amended by removing ‘‘in § 9.34 of this

part’’ and adding, in its place, ‘‘under 38

U.S.C. 1973’’, and by removing ‘‘as

required by § 9.8(c) of this part’’ and

adding, in its place, ‘‘as required under

38 U.S.C. 1967(c)’’. Paragraph (d) is

amended by removing ‘‘Chief Benefits

Director and/or’’ and adding, in its

place, ‘‘Under Secretary for Benefits

and’’.

10. In newly redesignated § 9.8,

paragraphs (a), (b), (c), (d), and (e) are

removed; paragraphs (f) and (g) are

redesignated as paragraphs (a) and (b),

respectively; newly redesignated

paragraph (a) is amended by removing

‘‘§ 9.34,’’; and newly redesignated

paragraph (b) is amended by removing

‘‘under § 9.1(a)(3)’’ and adding, in its

place, ‘‘under 38 U.S.C. 1968(a)(4)(B)’’;

and introductory text is added to read

as follows:

§ 9.8 Termination of coverage.

Termination of coverage will be in

accordance with the provisions of 38

U.S.C. 1968 and § 9.3 of this part and

the following provisions:

* * * * *

11. In newly redesignated § 9.9,

paragraphs (a), (a)(1), (a)(3), (b)(1), (b)(2),

(b)(3), and (d) are removed; paragraph

(a)(2) is redesignated as paragraph (a).

Newly redesignated paragraph (a) is

amended by removing ‘‘§ 9.7(b)’’ and

adding, in its place, ‘‘38 U.S.C. 1967(b)

or 1968(a)’’; and by removing ‘‘, in

which event the insurance may be

converted effective the day after the end

of such 120-day period’’ and adding ‘‘.’’

after ‘‘duty’’; and paragraph (b) is

revised to read as follows:

§ 9.9 Conversion privilege.

* * * * *

(b) The individual policy of life

insurance to which an insured may

convert under 38 U.S.C. 1968(b) or

1977(e) shall not have disability or other

supplementary benefits and shall not be

term insurance or any policy which

does not provide for cash values. Term

riders providing level or decreasing

insurance for which an additional

premium is charged may be attached to

an eligible basic conversion policy, but

the rider will be excluded from the

conversion pool agreement under the

policy.

* * * * *

12. In newly redesignated § 9.12,

paragraph (a) is removed, and

paragraphs (b), (c), and (d) are

redesignated as paragraphs (a), (b), and

(c), respectively. Newly redesignated

paragraph (a), is amended by removing

‘‘of the remaining balance’’, and by

removing ‘‘on December 31, 1964,’’;

newly redesignated paragraph (b) is

amended by removing ‘‘paragraph

(b)’’and adding, in its place, ‘‘paragraph

(a)’’; newly redesignated paragraph (c) is

amended by removing ‘‘§ 9.28’’ and

adding, in its place, ‘‘§ 9.11’’; and the

introductory text is revised to read as

follows:

§ 9.12 Reinsurance formula.

The allocation of insurance to the

insurer and each reinsurer will be based

upon the following:

* * * * *

§ 9.13 [Amended]

12. In newly redesignated § 9.13, the

first sentence is removed.

[FR Doc. 96–11157 Filed 5–3–96; 8:45 am]

BILLING CODE 8320–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA 162–2–0002a FRL–5466–1]

Approval and Promulgation of

Implementation Plans; California State

Implementation Plan Revision, San

Joaquin Valley Unified Air Pollution

Control District, Santa Barbara County

Air Pollution Control District, South

Coast Air Quality Management District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final

action on revisions to the California

State Implementation Plan. The

revisions concern rules from the

following districts: San Joaquin Valley

Unified Air Pollution Control District

(SJVUAPCD), Santa Barbara County Air

Pollution Control District (SBCAPCD),

and South Coast Air Quality

Management District (SCAQMD). This

approval action will incorporate these

rules into the federally approved SIP.

The intended effect of approving these

rules is to regulate emissions of volatile

organic compounds (VOCs) in

accordance with the requirements of the

Clean Air Act, as amended in 1990