[Federal Register Volume 73, Number 93 (Tuesday, May 13, 2008)]
[Rules and Regulations]
[Pages 27462-27464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-10635]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 38
RIN 2900-AM93
Graves Marked With a Private Headstone or Marker
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: The Department of Veterans Affairs (VA) is amending its
regulations regarding the authority to provide a Government-furnished
headstone or marker for placement on already marked graves of eligible
veterans in private cemeteries. Pursuant to section 203 of the Dr.
James Allen Veteran Vision Equity Act of 2007, Congress has authorized
VA to make this provision permanent and retroactive to November 1,
1990. This final rule is necessary to incorporate a statutory amendment
into VA regulations.
DATES: Effective Date: May 13, 2008.
Applicability Date: The amendment to 38 CFR 38.631 applies to
eligible veteran deaths occurring on or after November 1, 1990.
FOR FURTHER INFORMATION CONTACT: Lindee Lenox (41A1), Director of
Memorial Programs Service (MPS), National Cemetery Administration,
Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC
20420. Telephone: (202) 501-3060 (this is not a toll-free number).
SUPPLEMENTARY INFORMATION: VA's National Cemetery Administration (NCA)
is responsible for administering VA's headstone and marker program.
Since the transfer of the program to VA from the Department of the Army
in 1973, VA has furnished more than 9.8 million headstones and markers.
In fiscal year 2007, NCA furnished 361,115 markers for eligible
veterans' graves located around the world. The original purpose of the
program, which began during the Civil War, was based on the principle
that no veteran should lie in an unmarked grave. From October 18,
[[Page 27463]]
1978, until October 31, 1990, VA paid a headstone or marker allowance
to those families who purchased a private headstone or marker in lieu
of obtaining a Government-furnished headstone or marker for placement
on veterans' graves in private cemeteries. Families would typically use
this allowance to offset the costs of installation. The allowance was
eliminated November 1, 1990, with enactment of the Omnibus Budget and
Reconciliation Act of 1990.
Prior to passage of the Veterans Education and Benefits Expansion
Act of 2001, Public Law 107-103, VA was restricted by statute from
furnishing a marker for an already marked grave. Section 502 of the Act
established a 5-year pilot program that directed VA to furnish an
appropriate headstone or marker for the graves of eligible veterans
buried in private cemeteries, regardless of whether the grave was
already-marked with a privately purchased marker. Public Law 107-103
granted this authority for graves of veterans who died on or after the
date of the law's enactment, December 27, 2001. Public Law 107-330, the
Veterans Benefits Act of 2002, expanded VA authority to issue a second
marker for privately marked graves of eligible veterans interred in
private cemeteries whose death occurred on or after September 11, 2001.
The second marker authority under Public Law 107-103 expired on
December 31, 2006; however, Public Law 109-461 extended this authority
through December 31, 2007. Public Law 110-157, the Dr. James Allen
Veteran Vision Equity Act of 2007, rescinds the expiration date of
December 31, 2007, and makes the authority permanent. It also makes the
second marker benefit retroactive to November 1, 1990, and allows VA to
provide a headstone or marker for the graves of individuals dying on or
after that date, regardless of whether the grave is marked with a
privately-purchased headstone or marker.
VA does not pay the cost to install a Government headstone or
marker in a private cemetery, nor does VA have jurisdiction over
policies established by private cemeteries. Therefore, the applicant
must obtain certification on VA Form 40-1330 from a cemetery
representative that the type and placement of the Government-furnished
headstone or marker requested adheres to the policies and guidelines of
the private cemetery where the grave is located.
This final rule amends 38 CFR 38.631 to make it consistent with the
amended statute.
Administrative Procedure Act
Because this amendment merely reflects a statutory change, this
rule-making is exempt from the prior notice-and-comment and delayed-
effective-date requirements of 5 U.S.C. 553.
Paperwork Reduction Act
This document contains no new provisions constituting a collection
of information under the Paperwork Reduction Act (44 U.S.C. 3501-3521).
The Office of Management and Budget (OMB) previously approved all
collections of information referenced in this final rule under control
number 2900-0222. We cannot estimate at this time the additional number
of claims that would be generated by the retroactive applicability
date, but we will consider this based on experience when the control
number comes up for renewal on October 31, 2010.
Executive Order 12866
Executive Order 12866 directs agencies to assess all 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,
and other advantages; distributive impacts; and equity). The Executive
Order classifies a ``significant regulatory action,'' requiring review
by the Office of Management and Budget unless OMB waives such review,
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 the Executive
Order.
The economic, interagency, budgetary, legal, and policy
implications of this final rule have been examined and it has been
determined not to be a significant regulatory action under the
Executive Order because it is unlikely to result in a rule that may
raise novel legal or policy issues arising out of legal mandates, the
President's priorities, or the principles set forth in the Executive
Order.
Regulatory Flexibility Act
The initial and final regulatory flexibility analysis requirements
of sections 603 and 604 of the Regulatory Flexibility Act, 5 U.S.C.
601-612, are not applicable to this rule because a notice of proposed
rulemaking is not required for this rule. Even so, 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. This final rule
would not affect any small entities. Only individual VA beneficiaries
would be directly affected. Therefore, pursuant to 5 U.S.C. 605(b),
this final rule is also exempt from the 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 an expenditure by
State, local, or tribal governments, in the aggregate, or by the
private sector, of $100 million or more (adjusted annually for
inflation) in any one year. This final rule would have no such effect
on State, local, or tribal governments, or on the private sector.
Catalog of Federal Domestic Assistance Numbers
The Catalog of Federal Domestic Assistance program number and title
for this final rule is 64.202, Procurement of Headstones and Markers
and/or Presidential Memorial Certificates.
List of Subjects in 38 CFR Part 38
Administrative practice and procedure, Cemeteries, Veterans.
Approved: May 2, 2008.
Gordon H. Mansfield,
Deputy Secretary of Veterans Affairs.
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For the reasons stated in the preamble, the Department of Veterans
Affairs amends 38 CFR part 38 as set forth below:
PART 38--NATIONAL CEMETERIES OF THE DEPARTMENT OF VETERANS AFFAIRS
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1. The authority citation for part 38 continues to read as follows:
Authority: 38 U.S.C. 107, 501, 512, chapter 24, 7105, and as
noted in specific sections.
Sec. 38.631 [Amended]
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2. Amend Sec. 38.631 by:
[[Page 27464]]
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a. In paragraph (b)(1), removing ``September 11, 2001'' and adding, in
its place, ``November 1, 1990''.
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b. Removing paragraph (g).
[FR Doc. E8-10635 Filed 5-12-08; 8:45 am]
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