39974 Federal Register / Vol. 82, No. 162 / Wednesday, August 23, 2017 / Proposed Rules 

will consider all comments and material 

received during the comment period. 

Your comment can help shape the 

outcome of this rulemaking. If you 

submit a comment, please include the 

docket number for this rulemaking, 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 

We encourage you to submit 

comments through the Federal 

eRulemaking Portal at http://

www.regulations.gov. If your material 

cannot be submitted using http://

www.regulations.gov, contact the person 

in the FOR FURTHER INFORMATION

CONTACT section of this document for 

alternate instructions. 

We accept anonymous comments. All 

comments received will be posted 

without change to http://

www.regulations.gov and will include 

any personal information you have 

provided. For more about privacy and 

the docket, visit http://

www.regulations.gov/privacyNotice. 

Documents mentioned in this NPRM 

as being available in the docket, and all 

public comments, will be in our online 

docket at http://www.regulations.gov 

and can be viewed by following that 

Web site’s instructions. Additionally, if 

you go to the online docket and sign up 

for email alerts, you will be notified 

when comments are posted or a final 

rule is published. 

List of Subjects in 33 CFR Part 165 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T08–0731 to read as 

follows: 

§ 165.T08–0731 Safety Zone; Mississippi 

River, New Orleans, LA. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Mississippi River between mile markers 

96 and 96.5 Above Head of Passes. 

(b) Effective period. This rule is 

effective from 7:50 p.m. through 8:50 

p.m. on October 28, 2017. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into this zone is 

prohibited unless specifically 

authorized by the Captain of the Port 

New Orleans (COTP) or designated 

representative. A designated 

representative is a commissioned, 

warrant, or petty officer of the U.S. 

Coast Guard assigned to units under the 

operational control of USCG Sector New 

Orleans. 

(2) Vessels requiring entry into this 

safety zone must request permission 

from the COTP or a designated 

representative. They may be contacted 

on VHF–FM Channel 16 or 67. 

(3) Persons and vessels permitted to 

enter this safety zone must transit at 

their slowest safe speed and comply 

with all lawful directions issued by the 

COTP or the designated representative. 

(d) Information broadcasts. The COTP 

or a designated representative will 

inform the public through Broadcast 

Notices to Mariners of any changes in 

the planned schedule. 

Dated: August 9, 2017. 

Wayne R. Arguin, 

Captain, U.S. Coast Guard, Captain of the 

Port New Orleans. 

[FR Doc. 2017–17479 Filed 8–22–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 8 

RIN 2900–AQ03 

Eligibility for Supplemental ServiceDisabled Veterans’ Insurance 

AGENCY: Department of Veterans Affairs. 

ACTION: Proposed rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) proposes to amend its 

regulations governing the ServiceDisabled Veterans’ Insurance (S–DVI) 

program in order to explain that a 

person who was granted S–DVI as of the 

date of death under is not eligible for 

supplemental S–DVI because the 

insured’s total disability did not begin 

after the date of the insured’s 

application for insurance and while the 

insurance was in force under premiumpaying conditions. 

DATES: Comments must be received on 

or before October 23, 2017. 

ADDRESSES: Written comments may be 

submitted through 

www.Regulations.gov; by mail or handdelivery to: Director, Regulations 

Management (00REG), Department of 

Veterans Affairs, 810 Vermont Ave. 

NW., Room 1068, Washington, DC 

20420; or by fax to (202) 273–9026 (this 

is not a toll-free telephone number). 

Comments should indicate that they are 

submitted in response to ‘‘RIN 2900– 

AQ03—Eligibility for Supplemental 

Service-Disabled Veterans’ Insurance.’’ 

Copies of comments received will be 

available for public inspection in the 

Office of Regulation Policy and 

Management, Room 1063B, between the 

hours of 8:00 a.m. and 4:30 p.m., 

Monday through Friday (except Federal 

holidays). Please call (202) 461–4902 for 

an appointment (this is not a toll-free 

telephone number). In addition, 

comments may be viewed online 

through the Federal Docket Management 

System (FDMS) at www.Regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Paul 

Weaver, Department of Veterans Affairs 

Insurance Center (310/290B), 5000 

Wissahickon Avenue, Philadelphia, PA 

19144, (215) 842–2000, ext. 4263 (this is 

not a toll-free number). 

SUPPLEMENTARY INFORMATION: Under 38 

U.S.C. 1922(a), a veteran ‘‘suffering from 

a disability or disabilities for which 

compensation would be payable if 10 

per centum or more in degree and 

except for which such person would be 

insurable according to the standards of 

good health’’ is eligible for S–DVI up to 

a maximum of $10,000 upon 

‘‘application in writing made within 

two years from the date serviceconnection of such disability is 

determined by the Secretary and 

payment of premiums as provided in 

this subchapter.’’ See 38 U.S.C. 1903 

(amount of insurance). Section 1922(b) 

of title 38, United States Code, provides 

in pertinent part that a veteran who 

qualifies for insurance under 38 U.S.C. 

1922(a) but who did not apply for such 

insurance and who was mentally 

incompetent from a service-connected 

disability, remained mentally 

incompetent until the date of death, and 

died before the appointment of a 

guardian or within 2 years after the 

appointment of a guardian ‘‘shall be 

deemed to have applied for and to have 

been granted such insurance, as of the 

date of death.’’ See 38 U.S.C. 1922(b). 

VA refers to insurance provided under 

38 U.S.C 1922(b) as ‘‘gratuitous’’ 

insurance. 

‘‘Any person insured under section 

1922(a) [of title 38, United States Code,] 

who qualifies for a waiver of [S–DVI] 

premiums under [38 U.S.C.] 1912 . . . is 

eligible’’ for supplemental S–DVI of up 

to $30,000. 38 U.S.C. 1922A(a). Section 

1912(a) of title 38, United States Code, 

states in pertinent part: 

[P]ayment of premiums on insurance may 

be waived during the continuous total 

disability of the insured . . . if such 

disability began . . . after the date of the 


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Federal Register / Vol. 82, No. 162 / Wednesday, August 23, 2017 / Proposed Rules 39975 

insured’s application for insurance, [and] 

. . . while the insurance was in force under 

premium-paying conditions . . . [.] 

In Martin v. Shinseki, 26 Vet. App. 

451, 458 (2014), the U.S. Court of 

Appeals for Veterans Claims (Veterans 

Court) held that a person granted S–DVI 

‘‘as of the date of death’’ under section 

1922(b) satisfies the first requirement for 

supplemental S–DVI in 38 U.S.C. 

1922A(a), i.e., insurance under 38 

U.S.C. 1922(a), because a grant of S–DVI 

under section 1922(b) is treated, by 

operation of law, as an award of the 

insurance under section 1922(a). 

However, the Veterans Court also held 

that a person granted S–DVI under 

section 1922(b) is not eligible for 

supplemental S–DVI because the 

following two requirements for a 

premium waiver in section 1912(a) 

cannot be satisfied. First, the total 

disability of a person insured under S– 

DVI under 38 U.S.C. 1922(b) began 

before rather than after the date of 

application for S–DVI because as 

provided in the statute, the person is 

‘‘deemed to have applied for and to 

have been granted such insurance[ ] as 

of the date of death.’’ See Id. at 458–59. 

Second, the insured’s total disability did 

not begin while the S–DVI was in force 

under premium paying conditions 

because as explained above, the person 

was granted S–DVI as of the date of 

death under section 1922(b) and 

therefore, the insured would not have 

been required to pay premiums. See Id. 

at 459. 

VA proposes to add section 8.34 to 

title 38, Code of Federal Regulations, 

which would codify the last two Martin 

holdings by explaining that a grant of 

supplemental S–DVI is precluded if S– 

DVI was granted under section 1922(b). 

This would reflect the Veterans Court’s 

conclusion that the insured cannot 

qualify for a waiver of premiums under 

38 U.S.C. 1912(a) because the insured’s 

total disability did not begin after the 

date of the insured’s application for 

insurance and while the insurance was 

in force under premium-paying 

conditions. 

VA’s proposed regulation would 

promote the continued viability of the 

S–DVI program. The S–DVI program is 

not self-supporting because S–DVI 

insureds pay standard premium rates 

which account for age but not their 

disabilities. See 38 U.S.C. 1922(a) 

(computation of premium rates). As a 

result, the S–DVI program requires an 

annual subsidy from the U.S. Treasury. 

VA’s budget submission for FY 2017 

requested an appropriation of $77.6 

million. VA estimates that, if veterans’ 

beneficiaries were entitled to receive 

both gratuitous S–DVI and 

supplemental S–DVI for which no 

premiums were paid due to the death of 

the insured, the costs to the S–DVI 

program would increase by more than 

$1 million per year. 

Effect of Rulemaking 

Title 38 of the Code of Federal 

Regulations, as proposed to be revised 

by this rulemaking, would represent 

VA’s implementation of its legal 

authority on this subject. Other than 

future amendments to this regulation or 

governing statutes, no contrary guidance 

or procedures would be authorized. All 

existing or subsequent VA guidance 

would be read to conform with this 

rulemaking if possible or, if not 

possible, such guidance would be 

superseded by this rulemaking. 

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,’’ which requires 

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.’’ 

The economic, interagency, 

budgetary, legal, and policy 

implications of this proposed regulatory 

action have been examined and it has 

been determined not to be a significant 

regulatory action under Executive Order 

12866. VA’s impact analysis can be 

found as a supporting document at 

www.regulations.gov, usually within 48 

hours after the rulemaking document is 

published. Additionally, a copy of the 

rulemaking and its impact analysis are 

available on VA’s Web site at 

www.va.gov/orpm by following the link 

for ‘‘VA Regulations Published.’’ 

Paperwork Reduction Act 

This action contains no provision 

constituting a collection of information 

under the Paperwork Reduction Act of 

1995 (44 U.S.C. 3501–3521); no new or 

proposed revised collections of 

information would be associated with 

this proposed rule. 

Regulatory Flexibility Act 

The Secretary hereby certifies that the 

adoption of this rule would 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 

proposed rule would directly affect only 

individuals and would not directly 

affect any 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. 

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 the 

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 

1 year. This rule would have no such 

effect on State, local, and tribal 

governments, or on the private sector. 

Catalog of Federal Domestic Assistance 

The Catalog of Federal Domestic 

Assistance number and title for the 

program affected by this document 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. Gina 

S. Farrisee, Deputy Chief of Staff, 

Department of Veterans Affairs, 

approved this document on August 15, 

2017, for publication. 


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39976 Federal Register / Vol. 82, No. 162 / Wednesday, August 23, 2017 / Proposed Rules 

Dated: August 15, 2017. 

Jeffrey Martin, 

Office Program Manager, Office of Regulation 

Policy & Management, Office of the Secretary, 

Department of Veterans Affairs. 

List of Subjects in 38 CFR Part 8 

Life insurance, Veterans. 

For the reasons stated in the 

preamble, VA proposes to amend 38 

CFR part 8 as set forth below: 

PART 8—NATIONAL SERVICE LIFE 

INSURANCE 

■ 1. The authority citation for part 8 

continues to read as follows: 

Authority: 38 U.S.C. 501, 1901–1929, 

1981–1988, unless otherwise noted. 

■ 2. Adding new section 8.34 to read as 

follows: 

§ 8.34 Ineligibility for insurance under 

section 1922A of title 38, U.S.C. 

(supplemental Service-Disabled Veterans’ 

Insurance) if person insured under section 

1922(b) of title 38, U.S.C. 

A person who is granted ServiceDisabled Veterans’ Insurance under 38 

U.S.C. 1922(b) is not eligible for 

supplemental Service-Disabled 

Veterans’ Insurance under 38 U.S.C. 

1922A. 

(Authority: 38 U.S.C. 1912, 1922, 1922A) 

[FR Doc. 2017–17587 Filed 8–22–17; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 86 

[EPA–HQ–OAR–2015–0827; FRL–9966–91– 

OAR] 

Public Hearing for Reconsideration of 

the Final Determination of the Mid-term 

Evaluation of Greenhouse Gas 

Emissions Standards for Model Years 

2022–2025 Light-Duty Vehicles 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Announcement of public 

hearing. 

SUMMARY: The Environmental Protection 

Agency (EPA) is announcing a public 

hearing to be held in Washington, DC on 

September 6, 2017 for the notice 

‘‘Request for Comment on 

Reconsideration of the Final 

Determination of the Mid-term 

Evaluation of Greenhouse Gas 

Emissions Standards for Model Years 

2022–2025 Light-duty Vehicles; Request 

for Comment on Model Year 2021 

Greenhouse Gas Emissions Standards’’ 

announced August 10, 2017 and 

projected to be published on August 21, 

2017. In the document signed on August 

10, 2017, EPA announced that it is 

reconsidering whether the light-duty 

vehicle greenhouse gas standards 

previously established for model years 

2022–2025 are appropriate under 

section 202(a) of the Clean Air Act and 

invited stakeholders to submit any 

comments, data, and information they 

believe are relevant to the 

Administrator’s reconsideration of the 

January 2017 Mid-term Evaluation Final 

Determination and in particular, 

highlight any new information. EPA 

also requested comment on the separate 

question of whether the light-duty 

vehicle greenhouse gas standards 

established for model year 2021 remain 

appropriate, regardless of the agency’s 

decision on the Mid-term Evaluation. 

DATES: The public hearing will be held 

on September 6, 2017, at the location 

noted below under ADDRESSES. The 

hearing will begin at 9 a.m. and end 

when all parties present who wish to 

speak have had an opportunity to do so. 

Parties wishing to testify at the hearing 

should notify EPA by August 30, 2017, 

by sending an email to Hearing 

RegistrationlASD@epa.gov or by 

contacting the contact person listed 

below under FOR FURTHER INFORMATION

CONTACT. Additional information 

regarding the hearing appears below 

under SUPPLEMENTARY INFORMATION:. 

Any updates made to any aspect of the 

hearing, including any change to the 

location of the hearing, will be posted 

online at https://www.epa.gov/ 

regulations-emissions-vehicles-andengines/midterm-evaluation-light-dutyvehicle-ghg-emissions. The EPA does 

not intend to publish a notice in the 

Federal Register announcing any such 

updates. Please go to https://

www.epa.gov/regulations-emissionsvehicles-and-engines/midtermevaluation-light-duty-vehicle-ghgemissions for more information on the 

public hearing. 

ADDRESSES: The hearing will be held at 

the following location: Renaissance 

Washington, DC Downtown Hotel, 999 

Ninth Street NW., Washington, DC, 

USA, 20001 (phone number 202–898– 

9000). A complete set of documents 

related to the Mid-term Evaluation are 

available for public inspection through 

the Federal eRulemaking Portal: https:// 

www.regulations.gov, Docket 

Identification No. EPA–HQ–OAR–2015– 

0827. Documents can also be viewed at 

the EPA Docket Center, located at 1301 

Constitution Avenue NW., Room 3334, 

Washington, DC between 8:30 a.m. and 

4:30 p.m., Monday through Friday, 

excluding legal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Christopher Lieske, Office of 

Transportation and Air Quality (OTAQ), 

Assessment and Standards Division 

(ASD), U.S. Environmental Protection 

Agency, 2000 Traverwood Drive, Ann 

Arbor MI 48105; telephone number: 

(734) 214–4584; fax number: (734) 214– 

4816; email address: Hearing 

RegistrationlASD@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

purpose of the public hearing is to 

provide the public an opportunity to 

present oral comments related to the 

notice ‘‘Request for Comment on 

Reconsideration of the Final 

Determination of the Mid-term 

Evaluation of Greenhouse Gas 

Emissions Standards for Model Years 

2022–2025 Light-duty Vehicles; Request 

for Comment on Model Year 2021 

Greenhouse Gas Emissions Standards’’ 

projected to be published on August 21, 

2017. Once EPA learns how many 

people have registered to speak at the 

public hearing, we will allocate an 

appropriate amount of time to each 

participant, allowing time for necessary 

breaks. In addition, we will reserve a 

block of time for anyone else in the 

audience who wants to give testimony. 

For planning purposes, each speaker 

should anticipate speaking for no more 

than five minutes, although we may 

need to shorten that time if there is a 

large turnout. We request that you bring 

two copies of your statement or other 

material for the EPA panel. 

EPA will conduct the hearings 

informally, and technical rules of 

evidence will not apply. We will 

arrange for a written transcript of the 

hearing and keep the official record for 

the notice open until the close of the 

comment period to allow speakers to 

submit supplementary information. You 

may make arrangements for copies of 

the transcripts directly with the court 

reporter. Panel members may ask 

clarifying questions during the oral 

statements but will not respond to the 

statements at that time. Written 

statements and supporting information 

submitted during the comment period 

will be considered with the same weight 

as oral comments and supporting 

information presented at the public 

hearing. Written comments must be 

received by the last day of the comment 

period. 

How can I get copies of this document 

and other related information? 

You may learn more about the Midterm Evaluation by visiting EPA’s Web 

site https://www.epa.gov/regulationsemissions-vehicles-and-engines/ 

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