Army National Military Cemeteries, 29230-29243 [2016-11038]

Download as PDF 29230 Federal Register / Vol. 81, No. 91 / Wednesday, May 11, 2016 / Proposed Rules 42 U.S.C. 3796gg–1(c)(4). An ‘‘eligible’’ application is one that is from an eligible entity that has the capacity to perform the proposed services, proposes activities within the scope of the program, and does not propose significant activities that compromise victim safety. States should have the following information on file to document the lack of sufficient eligible applications: (1) A copy of their solicitation; (2) Documentation on how the solicitation was distributed, including all outreach efforts to entities from the allocation in question; (3) An explanation of their selection process; (4) A list of who participated in the selection process (name, title, and employer); (5) Number of applications that were received for the specific allocation category; (6) Information about the applications received, such as who they were from, how much money they were requesting, and any reasons the applications were not funded; (7) Letters from any relevant Statewide body explaining the lack of applications. For example, if the State is seeking to reallocate money from courts, they should have a letter from the State Court Administrator; (8) For the culturally specific allocation, demographic statistics of the relevant racial and ethnic minority groups within the State and documentation that the State has reached out to relevant organizations within the State or national organizations. Dated: April 20, 2016. Bea Hanson, Principal Deputy Director. [FR Doc. 2016–10564 Filed 5–10–16; 8:45 am] BILLING CODE 4410–FX–P Army National Cemeteries to reflect their statutory name change to the Army National Military Cemeteries and changes in the management structure, to adopt modifications suggested by the Department of the Army Inspector General, and to implement changes in interment eligibility. DATES: Consideration will be given to all comments received by July 11, 2016. ADDRESSES: You may submit comments, identified by 32 CFR part 553, Docket No. USA–2015–HQ–0046 and or by Regulatory Information Number (RIN) 0720–AA60 by any of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • Mail: Department of Defense, Office of the Deputy Chief Management Officer, Directorate of Oversight and Compliance, 4800 Mark Center Drive, Mailbox #24, Alexandria, VA 22350– 1700. • Instructions: All submissions received must include the agency name and docket number or RIN for this Federal Register document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at https://www.regulations.gov as they are received without change, including any personal identifiers or contact information. Mr. Robert Quackenbush, Army National Military Cemeteries, 703–614–7150. SUPPLEMENTARY INFORMATION: The revisions to this rule will be reported in future status updates as part of DoD’s retrospective plan under Executive Order 13563 completed in August 2011. DoD’s full plan can be accessed at: https://www.regulations.gov/ #!docketDetail;D=DOD-2011-OS-0036. FOR FURTHER INFORMATION CONTACT: A. Executive Summary I. Purpose of the Regulatory Action DEPARTMENT OF DEFENSE Department of the Army 32 CFR Part 553 [Docket No. USA–2015–HQ–0046] mstockstill on DSK3G9T082PROD with PROPOSALS RIN 0702–AA60 Army National Military Cemeteries Department of the Army, DoD. Proposed rule. AGENCY: ACTION: The Department of the Army (Army) proposes to amend its regulation for the development, operation, maintenance, and administration of the SUMMARY: VerDate Sep<11>2014 16:58 May 10, 2016 Jkt 238001 a. This regulatory action modifies the Army’s regulation governing Army National Military Cemeteries, which consist of Arlington National Cemetery and the U.S. Soldiers’ and Airmen’s Home National Cemetery, to reflect changes in the management structure of the Army National Military Cemeteries created by Army General Orders 2014– 74 and 2014–75 and the National Defense Authorization Act for Fiscal Year 2012, Pub. L. 112–81, section 591 (2011) (adding chapter 446 to title 10); to adopt modifications suggested by the Department of the Army Inspector General; to implement interment, PO 00000 Frm 00062 Fmt 4702 Sfmt 4702 inurnment, and memorialization eligibility restrictions, including those mandated by 10 U.S.C. 985 and 38 U.S.C. 2411; and to prohibit the reservation of gravesites as mandated by 38 U.S.C. 2410a. b. The legal authority for this regulatory action is section 591 of the National Defense Authorization Act for Fiscal Year 2012, Public Law 112–81 (2011), which added chapter 446 to title 10. Chapter 446 requires the Secretary of the Army to prescribe regulations and policies as may be necessary to administer the Army National Military Cemeteries, and it codifies the role of the Executive Director as the individual responsible for exercising authority, direction, and control over all aspects of the Army National Military Cemeteries. Throughout part 553, the Army replaces references to the Superintendent of the Cemetery, the Adjutant General, and Commanding General, Military District of Washington, with ‘‘Executive Director’’ to reflect the current command structure, which was implemented through Army General Orders 2014–74 and 2014–75 and codified in the National Defense Authorization Act of 2012. II. Summary of the Major Provisions of the Regulatory Action in Question The new definition of Army National Military Cemeteries reflects the Army National Military Cemeteries’ status as a Secretariat element of Headquarters, Department of the Army. Prior to the National Defense Authorization Act for Fiscal Year 2012, Public Law 112–81, sec. 591 (2011), the Army National Cemeteries were a civil works activity of the Department of the Army. Throughout part 553, the term Army National Military Cemeteries replaces ‘‘Army National Cemeteries’’ to reflect this statutory change. Section 553.3 (redesignated as § 553.4), ‘‘Scope and applicability,’’ is amended to focus on the applicability of this part and not on the applicability of a separate internal Army regulation. Section 553.4, ‘‘Responsibilities,’’ is removed, and its content is included in proposed § 553.3, ‘‘Statutory authorities.’’ Section 553.5, ‘‘Federal Jurisdiction,’’ is removed as 10 U.S.C. chapter 446 provides that the Army National Military Cemeteries shall be under the jurisdiction of Headquarters, Department of the Army. Section 553.6, ‘‘Donations,’’ is removed because its subject matter is addressed fully in other statutes and regulations. Section 553.7, ‘‘Design and layout of Army National Cemeteries,’’ is renamed E:\FR\FM\11MYP1.SGM 11MYP1 mstockstill on DSK3G9T082PROD with PROPOSALS Federal Register / Vol. 81, No. 91 / Wednesday, May 11, 2016 / Proposed Rules ‘‘Standards for managing Army National Military Cemeteries’’ (redesignated as § 553.6). Section 553.8 (redesignated as § 553.7), ‘‘Arlington Memorial Amphitheater,’’ makes it easier for the public to understand how the Arlington Memorial Amphitheater is managed. Section 553.9, ‘‘Power of Arrest,’’ which addressed the Superintendent’s power of arrest in limited circumstances, is removed. This provision is no longer expressly authorized by statute and is not necessary because police and security have been provided for at the Army National Military Cemeteries. However, in proposed § 553.5, the Executive Director is provided the authority to order the removal of and bar from reentry any person who violates any number of designated statutes or regulations. Section 553.10, ‘‘Solicitations,’’ is now addressed in proposed § 553.34, ‘‘Soliciting and vending.’’ Section 553.11, ‘‘Procurement,’’ is removed because the information it contains is covered by other laws and regulations and is thus unnecessary. Section 553.12, ‘‘Encroachments and revocable licenses,’’ is renamed ‘‘Permission to install utilities’’ (redesignated as § 553.8) and no longer considers encroachments, which are no longer applicable. Section 553.13 ‘‘Standards of construction, maintenance, and operations,’’ is renamed ‘‘Standards for managing Army National Military Cemeteries’’ (redesignated as § 553.6) and is proposed to reflect the role of the Executive Director as the individual responsible for exercising authority, direction, and control over all aspects of the Army National Military Cemeteries, as codified in chapter 446 of title 10. Section 553.14 ‘‘Authority for interments,’’ is renamed ‘‘Statutory authorities’’ (redesignated as § 553.3) and includes all authorities related to the Army National Military Cemeteries, not just the authority for interments. Section 553.15 ‘‘Persons eligible for burial in Arlington National Cemetery’’ is renamed ‘‘Eligibility for interment in Arlington National Cemetery’’ (redesignated as § 553.12) and reflects the difference between primary and derivative eligibility, clarifies which elective offices can create eligibility for interment, allows subsequently remarried spouses to be eligible for interment with the prior spouse under certain circumstances, and gives derivative eligibility to certain otherwise ineligible veterans whose close relatives are primarily eligible. VerDate Sep<11>2014 16:58 May 10, 2016 Jkt 238001 Section 553.15a, ‘‘Persons eligible for inurnment of cremated remains in Columbarium in Arlington National Cemetery,’’ is renamed ‘‘Eligibility for inurnment in Arlington National Cemetery Columbarium’’ (redesignated as § 553.13). Section 553.16 ‘‘Persons eligible for burial in Soldiers’ Home National Cemetery,’’ is renamed ‘‘Eligibility for burial in U.S. Soldiers’ and Airmen’s Home National Cemetery’’ (redesignated as § 553.18) and clarifies that eligibility is limited to the residents of the Armed Forces Retirement Home. Section 553.17, ‘‘Persons ineligible for burial in an Army national cemetery,’’ is renamed ‘‘Ineligibility for interment, inurnment or memorialization in an Army National Military Cemetery’’ (redesignated as § 553.19) and expands upon § 553.17 so that inurnments and memorializations will also be covered under this section. Proposed § 553.19 clarifies the ineligibility of a former spouse whose marriage to the primarily eligible person ended in divorce, clarifies the termination of a spouse’s derivative eligibility upon interment in a cemetery other than an Army National Military Cemetery and the remarriage of the primarily eligible spouse, forbids the interment or inurnment of persons convicted of certain crimes, forbids the interment or inurnment of persons who died on active duty under certain circumstances, and governs how animal remains unintentionally comingled with human remains shall be treated. Section 553.18, ‘‘Assignment of gravesites,’’ is renamed ‘‘Assignment of gravesites or niches’’ (redesignated as § 553.9) so the assignment of niches will also be covered under this section. Proposed § 553.9 would also implement 38 U.S.C. 2410a, which prohibits the reservation of a gravesite at Arlington National Cemetery prior an individual’s death, absent a waiver from the President of the United States, and imposes the limit of one gravesite per family. Proposed § 553.9 explains the one-gravesite-per-family policy, explains how previously made reservations will be treated, and gives the Executive Director the authority to cancel reservations under certain circumstances. Section 553.19, ‘‘Disinterments,’’ is renamed ‘‘Disinterments and disurnments of remains’’ (redesignated as § 553.25) so the disurnment of remains will also be covered under this section. Proposed § 553.25 explains the disinterment and disurnment process and governs disinterment from group burial sites. Section 553.20, ‘‘Headstones and markers,’’ is renamed ‘‘Design of PO 00000 Frm 00063 Fmt 4702 Sfmt 4702 29231 Government-furnished headstones, niche covers, and memorial markers’’ (proposed § 553.26) and includes niche covers, removes a repealed citation, and notifies the public that the Executive Director shall approve the design of headstones and memorial markers erected for group burials. Section 553.21, ‘‘Monuments and inscriptions at private expense,’’ is renamed ‘‘Private headstones and markers’’ (redesignated as § 553.28) and makes clear that the design and inscription of a private headstone or marker must be approved by the Executive Director prior to its construction and placement. Proposed § 553.28 more fully explains the treatment of private headstones at Army National Military Cemeteries. Section 553.22, ‘‘Visitors’ Rules for the Arlington National Cemetery,’’ is renamed ‘‘Visitors rules for Army National Military Cemeteries’’ (redesignated as § 553.33) and simplifies the regulation and prohibits dogs, cats, or other animals (except for service animals or military working dogs) from an Army National Military Cemetery. Proposed § 553.1, ‘‘Definitions,’’ provides the definitions of terms used throughout the proposed rule. Proposed § 553.2, ‘‘Purpose,’’ explains that this part specifies the authorities and assigns the responsibilities for the development, operation, maintenance, and administration of the Army National Military Cemeteries. Proposed § 553.5, ‘‘Maintaining order,’’ notifies the public of the Executive Director’s authority to order the removal from and bar the re-entry onto the Army National Military Cemeteries of any person who acts in violation of any regulation, including this part, covered by 50 U.S.C. 797. Proposed § 553.10, ‘‘Proof of eligibility,’’ provides a list of the official documents used to establish a decedent’s eligibility for interment or inurnment in the Army National Military Cemeteries, including the requirement of certification that 100% of the cremated remains will be interred or inurned in the Army National Military Cemeteries, with an exception for producing commemorative items if authorized by the Executive Director. Proposed § 553.11, ‘‘General rules governing eligibility for interment, inurnment, and memorialization at Arlington National Cemetery,’’ clarifies the eligibility guidelines, in particular the distinction between a person who is primarily eligible and a person who is derivatively eligible for interment or inurnment. Proposed § 553.14, ‘‘Eligibility for interment of cremated remains in the E:\FR\FM\11MYP1.SGM 11MYP1 mstockstill on DSK3G9T082PROD with PROPOSALS 29232 Federal Register / Vol. 81, No. 91 / Wednesday, May 11, 2016 / Proposed Rules Arlington National Cemetery Unmarked Area,’’ implements 38 U.S.C § 2410, which authorizes the Secretary of the Army to set aside land at Arlington National Cemetery for the interment under such rules as the Secretary may prescribe, of unmarked cremated remains of persons eligible for interment at Arlington National Cemetery. Proposed § 553.15, ‘‘Eligibility for group burial at Arlington National Cemetery,’’ regulates the interment of unidentifiable co-mingled human remains of which at least one person is eligible for interment at Arlington National Cemetery. Proposed § 553.16, ‘‘Eligibility for memorialization in an Arlington National Cemetery Memorial Area,’’ supplements § 553.21(b), ‘‘Monuments and inscriptions at private expense,’’ and explains to the public how Arlington National Cemetery will treat memorial markers. Proposed § 553.17, ‘‘Arlington National Cemetery internment/ inurnment agreement,’’ guarantees that when a derivatively eligible person predeceases a primarily eligible person and is interred or inurned at Arlington National Cemetery, the primarily eligible person will eventually be buried in the same gravesite or inurned in the same niche. Proposed § 553.20, ‘‘Prohibition of interment, inurnment, or memorialization in an Army National Military Cemetery of persons who have committed certain crimes,’’ implements 10 U.S.C. 985 and 38 U.S.C. 2411, which prohibit the interment, inurnment, or memorialization in any Army National Military Cemetery of an individual who has been convicted of a federal or state capital crime, who committed a federal or state capital crime but was not convicted of such crime because the person was not available for trial due to death or flight to avoid prosecution, or who has been convicted of a Federal or State crime causing the person to be a Tier III sex offender for purposes of the Sex Offender Registration and Notification Act and who is sentenced to a minimum of life imprisonment. Definitions of the terms federal capital crime and state capital crime have been included in proposed § 553.1 to implement these regulations. Proposed § 553.21, ‘‘Findings concerning the commission of certain crimes where a person has not been convicted due to death or flight to avoid prosecution,’’ implements 10 U.S.C. 985 and 38 U.S.C. 241, which prohibit the interment, inurnment, or memorialization in any Army National Military Cemetery of an individual who VerDate Sep<11>2014 16:58 May 10, 2016 Jkt 238001 has been convicted of a federal or state capital crime, or who committed a federal or state capital crime but was not convicted of such crime because the person was not available for trial due to death or flight to avoid prosecution. Proposed § 553.22, ‘‘Exceptions to policies for interment or inurnment at Arlington National Cemetery’’ implements 10 U.S.C. 4722, which authorizes the Secretary of the Army to establish policies and procedures for reviewing and determining requests for exception to the interment and inurnment eligibility policies. Proposed § 553.22 notifies the public as to how exceptions will be processed. Proposed § 553.23, ‘‘Placement of cremated remains at Army National Military Cemeteries,’’ clarifies the requirement that all cremated remains shall be interred or inurned and that the burial of symbolic containers is prohibited in the Army National Military Cemeteries. Proposed § 553.24, ‘‘Subsequently recovered remains,’’ provides that the subsequently recovered identified remains of a decedent shall be reunited in one gravesite or urn or as part of a group interment either in an Army National Military Cemetery or other cemetery. Proposed § 553.29, ‘‘Permission to construct private headstones and markers,’’ explains how a headstone firm may obtain permission to construct private headstones and markers at Army National Military Cemeteries. Proposed § 553.30, ‘‘Inscriptions on private headstones and markers,’’ provides guidelines for inscriptions on private headstones and markers. Proposed § 553.31, ‘‘Memorial and commemorative monuments (other than private headstones or markers),’’ governs the placement of memorials or commemorative monuments in Arlington National Cemetery in accordance with 38 U.S.C. 2409(b). Proposed § 553.32, ‘‘Conduct of memorial services and ceremonies,’’ explains the manner in which the Army National Military Cemeteries ensures the sanctity of public and private memorial and ceremonial events. Proposed § 553.35, ‘‘Media,’’ provides that all officials and staff of the media are subject to the visitors rules and shall comply with the Department of the Army’s media policy. B. Regulatory Flexibility Act The Army has determined that the Regulatory Flexibility Act does not apply because the rule does not have a significant economic impact on a substantial number of small entities PO 00000 Frm 00064 Fmt 4702 Sfmt 4702 within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601–612. C. Unfunded Mandates Reform Act The Army has determined that the Unfunded Mandates Reform Act does not apply because the rule does not include a mandate that may result in estimated costs to State, local, or tribal governments in the aggregate, or the private sector, of $100 million or more. D. National Environmental Policy Act Neither an environmental analysis nor an environmental impact statement under the National Environmental Policy Act is required. The changes made to the prior regulation by this amendment reflect existing policies and do not significantly alter ongoing activities, nor does this amendment constitute a new use of the property. E. Paperwork Reduction Act The Army has determined that this rule does not impose reporting or recordkeeping requirements under the Paperwork Reduction Act of 1995. F. Executive Order 12630 (Government Actions and Interference With Constitutionally Protected Property Rights) The Army has determined that E.O. 12630 does not apply because the rule does not impair private property rights. G. Executive Order 12866 (Regulatory Planning and Review) and E.O. 13563 (Improving Regulation and Regulatory Review) Executive Orders 13563 and 12866 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distribute impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has been designated a ‘‘significant regulatory action,’’ although not economically significant, under section 3(f) of Executive Order 12866. Accordingly, the rule has been reviewed by the Office of Management and Budget.’’ (OMB). H. Executive Order 13045 (Protection of Children From Environmental Health Risk and Safety Risks) The Army has determined that according to the criteria defined in E.O. 13045, the requirements of that Order do not apply to this rule. E:\FR\FM\11MYP1.SGM 11MYP1 Federal Register / Vol. 81, No. 91 / Wednesday, May 11, 2016 / Proposed Rules I. Executive Order 13132 (Federalism) The Army has determined that, according to the criteria defined in E.O. 13132, the requirements of that Order do not apply to this rule because the rule will not have a substantial effect on the States, on the relationship between the Federal government and the States, or on the distribution of power and responsibilities among the various levels of government. Patrick K. Hallinan, Executive Director. List of Subjects in 32 CFR Part 553 Armed forces, Armed forces reserves, Military personnel, Monuments and memorials, Veterans. For the reasons stated in the preamble, the Department of the Army proposes to revise part 553 to read as follows: mstockstill on DSK3G9T082PROD with PROPOSALS PART 553—ARMY NATIONAL MILITARY CEMETERIES Sec. 553.1 Definitions. 553.2 Purpose. 553.3 Statutory authorities. 553.4 Scope and applicability. 553.5 Maintaining order. 553.6 Standards for managing Army National Military Cemeteries. 553.7 Arlington Memorial Amphitheater. 553.8 Permission to install utilities. 553.9 Assignment of gravesites or niches. 553.10 Proof of eligibility. 553.11 General rules governing eligibility for interment, inurnment, and memorialization at Arlington National Cemetery. 553.12 Eligibility for interment in Arlington National Cemetery. 553.13 Eligibility for inurnment in Arlington National Cemetery Columbarium. 553.14 Eligibility for interment of cremated remains in the Arlington National Cemetery Unmarked Area. 553.15 Eligibility for group burial in Arlington National Cemetery. 553.16 Eligibility for memorialization in an Arlington National Cemetery memorial area. 553.17 Arlington National Cemetery interment/inurnment agreement. 553.18 Eligibility for burial in U.S. Soldiers’ and Airmen’s Home National Cemetery. 553.19 Ineligibility for interment, inurnment, or memorialization in an Army National Military Cemetery. 553.20 Prohibition of interment, inurnment, or memorialization in an Army National Military Cemetery of persons who have committed certain crimes. 553.21 Findings concerning the commission of certain crimes where a person has not been convicted due to death or flight to avoid prosecution. 553.22 Exceptions to policies for interment or inurnment at Arlington National Cemetery. VerDate Sep<11>2014 16:58 May 10, 2016 Jkt 238001 553.23 Placement of cremated remains at Army National Military Cemeteries. 553.24 Subsequently recovered remains. 553.25 Disinterments and disinurnments of remains. 553.26 Design of Government-furnished headstones, niche covers, and memorial markers. 553.27 Inscriptions on Governmentfurnished headstones, niche covers, and memorial markers. 553.28 Private headstones and markers. 553.29 Permission to construct private headstones and markers. 553.30 Inscriptions on private headstones and markers. 553.31 Memorial and commemorative monuments (other than private headstones or markers). 553.32 Conduct of memorial services and ceremonies. 553.33 Visitors rules for Army National Military Cemeteries. 553.34 Soliciting and vending. 553.35 Media. Authority: 10 U.S.C. 985, 1128, 1481, 1482, 3013, 4721–4726; 24 U.S.C. 295a, 412; 38 U.S.C. 2402 note, 2409–2411, 2413; 40 U.S.C. 9102. § 553.1 Definitions. As used in this part, the following terms have these meanings: Active duty. Full-time duty in the active military service of the United States. (1) This includes: (i) Active Reserve component duty performed pursuant to title 10, United States Code. (ii) Service as a cadet or midshipman currently on the rolls at the U.S. Military, U.S. Naval, U.S. Air Force, or U.S. Coast Guard Academies. (iii) Active duty for operational support. (2) This does not include: (i) Full-time duty performed under title 32, United States Code. (ii) Active duty for training, initial entry training, annual training duty, or inactive-duty training for members of the Reserve components. Active duty for operational support (formerly active duty for special work). A tour of active duty for Reserve personnel authorized from military or Reserve personnel appropriations for work on Active component or Reserve component programs. The purpose of active duty for operational support is to provide the necessary skilled manpower assets to support existing or emerging requirements and may include training. Active duty for training. A category of active duty used to provide structured individual and/or unit training, including on-the-job training, or educational courses to Reserve component members. Included in the active duty for training category are PO 00000 Frm 00065 Fmt 4702 Sfmt 4702 29233 annual training, initial active duty for training, or any other training duty. Annual training. The minimum period of active duty for training that Reserve members must perform each year to satisfy the training requirements associated with their Reserve component assignment. Armed Forces. The U.S. Army, Navy, Marine Corps, Coast Guard, Air Force and their Reserve components. Army National Military Cemeteries. Arlington National Cemetery and the U.S. Soldiers’ and Airmen’s Home National Cemetery. Category 4, 5, or 5+ Posts. Category 4, 5, or 5+ posts, including the equivalent classifications as determined by the Department of State that were used prior to 2004 or may be used subsequently. Child, minor child, permanently dependent child, unmarried adult child. (1) Child. (i) Natural child of a primarily eligible person, born in wedlock; (ii) Natural child of a female primarily eligible person, born out of wedlock; (iii) Natural child of a male primarily eligible person, who was born out of wedlock and: (A) Has been acknowledged in a writing signed by the male primarily eligible person; (B) Has been judicially determined to be the male primarily eligible person’s child; (C) Whom the male primarily eligible person has been judicially ordered to support; or (D) Has been otherwise proved, by evidence satisfactory to the Executive Director, to be the child of the male primarily eligible person (iv) Adopted child of a primarily eligible person; or (v) Stepchild who was part of the primarily eligible person’s household at the time of death of the individual who is to be interred or inurned. (2) Minor child. A child of the primarily eligible person who (i) Is unmarried; (ii) Has no dependents; and (iii) Is under the age of twenty-one years, or is under the age of twentythree years and is taking a full-time course of instruction at an educational institution which the U.S. Department of Education acknowledges as an accredited educational institution. (3) Permanently dependent child. A child of the primarily eligible person who (i) Is unmarried; (ii) Has no dependents; and (iii) Is permanently and fully dependent on one or both of the child’s parents because of a physical or mental disability incurred before attaining the E:\FR\FM\11MYP1.SGM 11MYP1 mstockstill on DSK3G9T082PROD with PROPOSALS 29234 Federal Register / Vol. 81, No. 91 / Wednesday, May 11, 2016 / Proposed Rules age of twenty-one years or before the age of twenty-three years while taking a fulltime course of instruction at an educational institution which the U.S. Department of Education acknowledges as an accredited educational institution. (4) Unmarried adult child. A child of the primarily eligible person who (i) Is unmarried; (ii) Has no dependents; and (iii) Has attained the age of twentyone years. Close relative. The spouse, parents, adult brothers and sisters, adult natural children, adult stepchildren, and adult adopted children of a decedent. Commemorative monuments. Monuments or other structures or landscape features that serve to honor events in history, units of the Armed Forces, individuals, or groups of individuals that served in the Armed Forces, and that do not contain human remains or mark the location of remains in close proximity. The term does not include memorial markers erected pursuant to § 553.16 of this part. Derivatively eligible person. Any person who is entitled to interment or inurnment solely based on his or her relationship to a primarily eligible person, as set forth in §§ 553.12(b) and § 553.13(b) respectively. Disinterment. The permanent removal of interred human remains from a particular gravesite. Disinurnment. The permanent removal of remains from a particular niche. Executive Director. The person statutorily charged with exercising authority, direction, and control over all aspects of Army National Military Cemeteries. Federal capital crime. An offense under Federal law for which a sentence of imprisonment for life or the death penalty may be imposed. Former prisoner of war. A person who is eligible for or has been awarded the Prisoner of War Medal. Former spouse. See spouse. Government. The U.S. government and its agencies and instrumentalities. Group burial. Interment in one gravesite of one or more service members on active duty killed in the same incident or location where: (i) The remains cannot be individually identified; or (ii) The person authorized to direct disposition of subsequently identified remains has authorized their interment with the other service members. Group remains may contain incidental remains of civilians and foreign nationals. Inactive-duty training. (i) Duty prescribed for members of the Reserve components by the Secretary VerDate Sep<11>2014 16:58 May 10, 2016 Jkt 238001 concerned under 37 U.S.C. 206 or any other provision of law. (ii) Special additional duties authorized for members of the Reserve components by an authority designated by the Secretary concerned and performed by them on a voluntary basis in connection with the prescribed training or maintenance activities of the units to which they are assigned. (iii) In the case of a member of the Army National Guard or Air National Guard of any State, duty (other than full-time duty) under 32 U.S.C. 316, 502, 503, 504 or 505 or the prior corresponding provisions of law. (iv) This term does not include: (A) Work or study performed in connection with correspondence courses, (B) Attendance at an educational institution in an inactive status, or (C) Duty performed as a temporary member of the Coast Guard Reserve. Interment. The ground burial of casketed or cremated human remains. Inurnment. The placement of cremated human remains in a niche. Media. Individuals and agencies that print, broadcast, or gather and transmit news, and their reporters, photographers, and employees. Memorial marker. A headstone used to memorialize a service member or veteran whose remains are unavailable for reasons listed in § 553.16 of this part. Memorial service or ceremony. Any activity intended to honor the memory of a person or persons interred, inurned, or memorialized in the Army National Military Cemeteries. This term includes private memorial services, public memorial services, public wreath laying ceremonies, and official ceremonies. Minor child. See child. Niche. An aboveground space constructed specifically for the placement of cremated human remains. Official ceremony. A memorial service or ceremony approved by the Executive Director in which the primary participants are representatives of the Government, a State government, a foreign government, or an international organization authorized by the U.S. Department of State to participate in an official capacity. Parent. A natural parent, a stepparent, a parent by adoption, or a person who for a period of not less than one year stood in loco parentis, or was granted legal custody by a court decree or statutory provision. Permanently dependent child. See child. Person authorized to direct disposition. The person primarily entitled to direct disposition of human remains and who elects to exercise that PO 00000 Frm 00066 Fmt 4702 Sfmt 4702 entitlement. Determination of such entitlement shall be made in accordance with applicable law and regulations. Personal representative. A person who has legal authority to act on behalf of another through applicable law, order, and regulation. Primarily eligible person. Any person who is entitled to interment or inurnment based on his or her service as specified in § 553.12(a) and § 553.13(a) respectively. Primary next of kin. In the absence of a valid written document from the decedent identifying the primary next of kin, the order of precedence for designating a decedent’s primary next of kin is as follows: (1) Spouse, even if a minor; (2) Children; (3) Parents; (4) Siblings, to include half-blood and those acquired through adoption; (5) Grandparents; (6) Other next of kin, in order of relationship to the decedent as determined by the laws of the decedent’s state of domicile. Absent a court order or written document from the deceased, the precedence of next of kin with equal relationships to the decedent is governed by seniority (age), older having higher priority than younger. Equal relationship situations include those involving divorced parents of the decedent, children of the decedent, and siblings of the decedent. Private headstones or markers. A headstone or individual memorial marker provided at private expense, in lieu of a headstone or individual memorial marker furnished by the Government. Private memorial service. A memorial service or ceremony conducted at the decedent’s gravesite, memorial headstone, or niche. Public memorial service. A ceremony conducted by members of the public at a historic site in an Army National Military Cemetery. Public wreath-laying ceremony. A ceremony in which members of the public, assisted by the Tomb Guards, present a wreath or similar memento at the Tomb of the Unknown Soldier. Reserve component. The Army Reserve, the Navy Reserve, the Marine Corps Reserve, the Air Force Reserve, the Coast Guard Reserve, the Army National Guard of the United States, and the Air National Guard of the United States. Spouse, former spouse, subsequently remarried spouse. (1) Spouse. A person who is legally married to another person. (2) Former spouse. A person who was legally married to another person at one E:\FR\FM\11MYP1.SGM 11MYP1 Federal Register / Vol. 81, No. 91 / Wednesday, May 11, 2016 / Proposed Rules time but was not legally married to that person at the time of one of their deaths. (3) Subsequently remarried spouse. A derivatively eligible spouse who was married to the primarily eligible person at the time of the primarily eligible person’s death and who subsequently remarried another person. State capital crime. Under State law, the willful, deliberate, or premeditated unlawful killing of another human being for which a sentence of imprisonment for life or the death penalty may be imposed. Subsequently recovered remains. Additional remains belonging to the decedent that are recovered or identified after the decedent’s interment or inurnment. Subsequently remarried spouse. See spouse. Unmarried adult child. See child. Veteran. A person who served in the U.S. Armed Forces and who was discharged or released under honorable conditions. § 553.2 Purpose. This part specifies the authorities and assigns the responsibilities for the development, operation, maintenance, and administration of the Army National Military Cemeteries. mstockstill on DSK3G9T082PROD with PROPOSALS § 553.3 Statutory authorities. (a) Historical. Act of July 17, 1862, Sec. 18, 12 Stat. 594, 596; Act of February 22, 1867, Ch. 61, 14 Stat. 399; and the National Cemeteries Act of 1973, Public Law 93–43, 87 Stat. 75 (1973). The National Cemeteries Act established the National Cemetery System, which primarily consists of national cemeteries transferred from the management authority of the Department of the Army to the (now) Department of Veterans Affairs. Section 6(a) of the Act exempted Arlington National Cemetery and the Soldiers’ and Airmen’s Home National Cemetery from transfer to the National Cemetery System, leaving them under the management authority of the Secretary of the Army. (b) Current. Pursuant to 10 U.S.C. 4721(a), the Secretary of the Army shall develop, operate, manage, oversee, and fund the Army National Military Cemeteries. Section 4721(c) provides that the Army National Military Cemeteries are under the jurisdiction of Headquarters, Department of the Army, and 10 U.S.C. 4721(d) provides that the Secretary of the Army shall prescribe such regulations and policies as may be necessary to administer the Army National Military Cemeteries. The responsibilities of Headquarters, Department of the Army with regard to VerDate Sep<11>2014 16:58 May 10, 2016 Jkt 238001 the Army National Military Cemeteries are enumerated in 10 U.S.C. 4721–4726 and Army General Orders 2014–74 and 2014–75. § 553.4 Scope and applicability. (a) Scope. The development, maintenance, administration, and operation of the Army National Military Cemeteries are governed by this part, Army Regulation 290–5, and Department of the Army Pamphlet 290– 5. The development, maintenance, administration, and operation of Army post cemeteries are not covered by this part. (b) Applicability. This part is applicable to all persons on, engaging in business with, or seeking access to or benefits from the Army National Military Cemeteries, unless otherwise specified. § 553.5 Maintaining order. The Executive Director may order the removal from, and bar the re-entry onto, Army National Military Cemeteries of any person who acts in violation of any law or regulation, including but not limited to demonstrations and disturbances as outlined in 38 U.S.C. 2413, and in this part. This authority may not be re-delegated. § 553.6 Standards for managing Army National Military Cemeteries. (a) The Executive Director is responsible for establishing and maintaining cemetery layout plans, including plans setting forth sections with gravesites, memorial areas with markers, and columbaria with niches, and landscape planting plans. (b) New sections or areas may be opened and prepared for interments or for installing memorial markers only with the approval of the Executive Director. § 553.7 Arlington Memorial Amphitheater. (a) In accordance with 24 U.S.C. 295a: (1) No memorial may be erected and no remains may be entombed in the Arlington Memorial Amphitheater unless specifically authorized by Congress; and (2) The character, design, or location of any memorial authorized by Congress for placement in the Amphitheater is subject to the approval of the Secretary of Defense or his or her designee. (b) The Secretary of Defense or his or her designee will seek the advice of the Commission of Fine Arts in such matters, in accordance with 40 U.S.C. 9102. (c) Tributes offered for those interred in the Tomb of the Unknown Soldier for placement in the Arlington Memorial PO 00000 Frm 00067 Fmt 4702 Sfmt 4702 29235 Amphitheater display room are not memorials for purposes of this section. § 553.8 Permission to install utilities. (a) The installation of utilities in Army National Military Cemeteries, including but not limited to, telephone and fiber optic lines, electric lines, natural gas lines, water pipes, storm drains, and sanitary sewers, must be authorized by the Executive Director. (b) Requests for licenses, permits, or easements to install water, gas, or sewer lines, or other utilities or equipment on or across an Army National Military Cemetery or an approach road in which the Government has a right-of-way, fee simple title, or other interest, must be sent to the Executive Director, who will process the request in accordance with Army policy. Requests must include a complete description of the type of license, permit, or easement desired and a map showing the location of the project. § 553.9 Assignment of gravesites or niches. (a) All eligible persons will be assigned gravesites or niches without discrimination as to race, color, sex, religion, age, or national origin and without preference to military grade or rank. (b) The Army National Military Cemeteries will enforce a one-gravesiteper-family policy. Once the initial interment or inurnment is made in a gravesite or niche, each additional interment or inurnment of eligible persons must be made in the same gravesite or niche, except as noted in paragraph (f) of this section. This includes multiple primarily eligible persons if they are married to each other. (c) In accordance with 38 U.S.C. 2410A(a)(2) the Secretary of the Army may waive the prohibition in paragraph (b) of this section as the Secretary of the Army deems appropriate. (d) A gravesite reservation will be honored if it meets the following requirements, unless it is cancelled by the Executive Director: (1) The gravesite was properly reserved by law before January 1, 1962, and (2) An eligible person was interred in the reserved gravesite prior to January 1, 2017. (e) The Executive Director may cancel a gravesite reservation: (1) Upon determination that a derivatively eligible spouse has remarried; (2) Upon determination that the reservee’s remains have been buried elsewhere or otherwise disposed of; E:\FR\FM\11MYP1.SGM 11MYP1 29236 Federal Register / Vol. 81, No. 91 / Wednesday, May 11, 2016 / Proposed Rules (3) Upon determination that the reservee desires to or will be interred in the same gravesite with the predeceased, and doing so is feasible; or (4) Upon determination that the reservee would be 120 years of age and there is no record of correspondence with the reservee within the last two decades. (f) In cases of reservations meeting the requirements of 38 U.S.C 2410A note, where more than one gravesite was reserved (on the basis of the veteran’s eligibility at the time the reservation was made) and no interment has yet been made in any of the sites, the onegravesite-per-family policy will be enforced, unless waived by the Executive Director. Gravesite reservations will be honored only if the decedents meet the eligibility criteria for interment in Arlington National Cemetery that is in effect at the time of need, and the reserved gravesite is available. (g) Where a primarily eligible person has been or will be interred as part of a group burial or has been or will be memorialized in a memorial area at Arlington National Cemetery, the Executive Director will assign a gravesite or niche for interment or inurnment of a derivatively eligible person. (h) Gravesites or niches shall not be reserved or assigned prior to the time of need. (i) The selection of gravesites and niches is the responsibility of the Executive Director. The selection of specific gravesites or niches by the family or other representatives of the deceased at any time is prohibited. mstockstill on DSK3G9T082PROD with PROPOSALS § 553.10 Proof of eligibility. (a) The personal representative or primary next of kin is responsible for providing appropriate documentation to verify the decedent’s eligibility for interment or inurnment. (b) The personal representative or primary next of kin must certify in writing that the decedent is not prohibited from interment, inurnment, or memorialization under § 553.20 of this part because he or she has committed or been convicted of a Federal or State capital crime or is a convicted Tier III sex offender as defined in 38 U.S.C § 2411. (c) For service members who die on active duty, a statement of honorable service from a general court martial convening authority is required. If the certificate of honorable service cannot be granted, the service member is ineligible for interment, inurnment, and memorialization pursuant to § 553.19(i) of this part. VerDate Sep<11>2014 16:58 May 10, 2016 Jkt 238001 (d) When applicable, the following documents are required: (1) Death certificate; (2) Proof of eligibility as required by subsections (e) through (g) of this section; (3) Any additional documentation to establish the decedent’s eligibility (e.g., marriage certificate, birth certificate, waivers, statements that the decedent had no children); (4) Burial agreement; (5) Notarized statement that the remains are unavailable for the reasons set forth in § 553.16 of this part; and (6) A certificate of cremation or notarized statement attesting to the authenticity of the cremated human remains and that 100% of the cremated remains received from the crematorium are present. The Executive Director may, however, allow a portion of the cremated remains to be removed by the crematorium for the sole purpose of producing commemorative items. (7) Any other document as required by the Executive Director. (e) The following documents may be used to establish the eligibility of a primarily eligible person: (1) DD Form 214, Certificate of Release or Discharge from Active Duty; (2) WD AGO 53 or 53–55, Enlisted Record and Report of Separation Honorable Discharge; (3) WD AGO 53–98, Military Record and Report of Separation Certificate of Service; (4) NAVPERS–553, Notice of Separation from U.S. Naval Service; (5) NAVMC 70–PD, Honorable Discharge, U.S. Marine Corps; or; (6) DD Form 1300, Report of Casualty (required in the case of death of an active duty service member). (f) In addition to the documents otherwise required by this section, a request for interment or inurnment of a subsequently remarried spouse must be accompanied by: (1) A notarized statement from the new spouse of the subsequently remarried spouse agreeing to the interment or inurnment and relinquishing any claim for interment or inurnment in the same gravesite or niche. (2) Notarized statement(s) from all of the children from the prior marriage agreeing to the interment or inurnment of their parents in the same gravesite or niche. (g) In addition to the documents otherwise required by this section, a request for interment or inurnment of a permanently dependent child must be accompanied by: (1) A notarized statement as to the marital status and degree of dependency PO 00000 Frm 00068 Fmt 4702 Sfmt 4702 of the decedent from an individual with direct knowledge; and (2) A physician’s statement regarding the nature and duration of the physical or mental disability; and (3) A statement from someone with direct knowledge demonstrating the following factors: (i) The deceased lived most of his or her adult life with one or both parents, one or both of whom are otherwise eligible for interment; (ii) The decedent’s children, siblings, or other family members, other than the eligible parent, waive any derivative claim to be interred at Arlington National Cemetery, in accordance with the Arlington National Cemetery Burial Agreement. (h) Veterans or primary next of kin of deceased veterans may obtain copies of their military records by writing to the National Personnel Records Center, Attention: Military Personnel Records, 9700 Page Avenue, St. Louis, Missouri 63132 or using their Web site. All others may request a record by completing and submitting Standard Form 180. (i) The burden of proving eligibility lies with the party who requests the burial. The Executive Director will determine whether the submitted evidence is sufficient to support a finding of eligibility. § 553.11 General rules governing eligibility for interment, inurnment, and memorialization at Arlington National Cemetery. (a) Only those persons who meet the criteria of § 553.12 of this part or are granted an exception to policy pursuant to § 553.22 of this part may be interred in Arlington National Cemetery. Only those persons who meet the criteria of § 553.13 of this part or are granted an exception to policy pursuant to § 553.22 of this part may be inurned in Arlington National Cemetery. Only those persons who meet the criteria of § 553.14 may be interred in the Arlington National Cemetery Unmarked Area. Only those persons who meet the criteria of § 553.15 may be interred in an Arlington National Cemetery group burial. Only those persons who meet the criteria of § 553.16 may be memorialized in Arlington National Cemetery. (b) Derivative eligibility for interment or inurnment may be established only through a decedent’s connection to a primarily eligible person and not to another derivatively eligible person. (c) No veteran is eligible for interment, inurnment, or memorialization in Arlington National Cemetery unless the veteran’s last period of active duty ended with an honorable discharge. A general E:\FR\FM\11MYP1.SGM 11MYP1 Federal Register / Vol. 81, No. 91 / Wednesday, May 11, 2016 / Proposed Rules discharge under honorable conditions is not sufficient for interment, inurnment or memorialization in Arlington National Cemetery. (d) For purposes of determining whether a service member has received an honorable discharge, final determinations regarding discharges made in accordance with procedures established by chapter 79 of title 10, United States Code, will be considered authoritative. (e) The Secretary of the Army has the authority to act on requests for exceptions to the provisions of the interment, inurnment, and memorialization eligibility policies contained in this part. The Secretary of the Army may delegate this authority to the Executive Director on such terms deemed appropriate. (f) Individuals who do not qualify as a primarily eligible person or a derivatively eligible person, but who are granted an exception to policy to be interred or inurned pursuant to § 553.22 of this part in a new gravesite or niche, will be treated as a primarily eligible person for purposes of this part. (g) Notwithstanding any other section in this part, memorialization with an individual memorial marker, interment, or inurnment in the Army National Military Cemeteries is prohibited if there is a gravesite, niche, or individual memorial marker for the decedent in any other Government-operated cemetery or the Government has provided an individual grave marker, individual memorial marker or niche cover for placement in a private cemetery. mstockstill on DSK3G9T082PROD with PROPOSALS § 553.12 Eligibility for interment in Arlington National Cemetery. Only those who qualify as a primarily eligible person or a derivatively eligible person are eligible for interment in Arlington National Cemetery, unless otherwise prohibited as provided for in §§ 553.19–20 of this part, provided that the last period of active duty of the service member or veteran ended with an honorable discharge. (a) Primarily eligible persons. The following are primarily eligible persons for purposes of interment: (1) Any service member who dies on active duty in the U.S. Armed Forces (except those service members serving on active duty for training only), if the General Courts Martial Convening Authority grants a certificate of honorable service. (2) Any veteran retired from a Reserve component who served a period of active duty (other than for training), is carried on the official retired list, and is entitled to receive military retired pay. VerDate Sep<11>2014 16:58 May 10, 2016 Jkt 238001 (3) Any veteran retired from active military service and entitled to receive military retired pay. (4) Any veteran who received an honorable discharge from the Armed Forces prior to October 1, 1949, who was discharged for a permanent physical disability, who served on active duty (other than for training), and who would have been eligible for retirement under the provisions of 10 U.S.C. 1201 had the statute been in effect on the date of separation. (5) Any veteran awarded one of the following decorations: (i) Medal of Honor; (ii) Distinguished Service Cross, Air Force Cross, or Navy Cross; (iii) Distinguished Service Medal; (iv) Silver Star; or (v) Purple Heart. (6) Any veteran who served on active duty (other than active duty for training) and who held any of the following positions: (i) President or Vice President of the United States; (ii) Elected member of the U.S. Congress; (iii) Chief Justice of the Supreme Court of the United States or Associate Justice of the Supreme Court of the United States; (iv) A position listed, at the time the person held the position, in 5 U.S.C. 5312 or 5313 (Levels I and II of the Executive Schedule); or (v) Chief of Mission of a Category 4, 5, or 5+ post if the Department of State classified that post as a Category 4, 5, or 5+ post during the person’s tenure as Chief of Mission. (7) Any former prisoner of war who, while a prisoner of war, served honorably in the active military service, and who died on or after November 30, 1993. (b) Derivatively eligible persons. The following individuals are derivatively eligible persons for purposes of interment who may be interred if space is available in the gravesite of the primarily eligible person: (1) The spouse of a primarily eligible person who is or will be interred in Arlington National Cemetery. A former spouse of a primarily eligible person is not eligible for interment in Arlington National Cemetery under this paragraph. (2) The spouse of an active duty service member or an eligible veteran, who was: (i) Lost or buried at sea, temporarily interred overseas due to action by the Government, or officially determined to be missing in action; (ii) Buried in a U.S. military cemetery maintained by the American Battle Monuments Commission; or PO 00000 Frm 00069 Fmt 4702 Sfmt 4702 29237 (iii) Interred in Arlington National Cemetery as part of a group burial (the derivatively eligible spouse may not be buried in the group burial gravesite). (3) The parents of a minor child or a permanently dependent adult child, whose remains were interred in Arlington National Cemetery based on the eligibility of a parent at the time of the child’s death, unless eligibility of the non-service connected parent is lost through divorce from the primarily eligible parent. (4) An honorably discharged veteran who does not qualify as a primarily eligible person, if the veteran will be buried in the same gravesite as an already interred primarily eligible person who is a close relative, where the interment meets the following conditions: (i) The veteran is without minor or unmarried adult dependent children; (ii) The veteran will not occupy space reserved for the spouse, a minor child, or a permanently dependent adult child; (iii) All other close relatives of the primarily eligible person concur with the interment of the veteran with the primarily eligible person by signing a notarized statement; (iv) The veteran’s spouse waives any entitlement to interment in Arlington National Cemetery, where such entitlement might be based on the veteran’s interment in Arlington National Cemetery. The Executive Director may set aside the spouse’s waiver, provided space is available in the same gravesite, and all close relatives of the primarily eligible person concur; (v) Any cost of moving, recasketing, or revaulting the remains will be paid from private funds; and § 553.13 Eligibility for inurnment in Arlington National Cemetery Columbarium. The following persons are eligible for inurnment in the Arlington National Cemetery Columbarium, unless otherwise prohibited as provided for in §§ 553.19–20, provided that the last period of active duty of the service member or veteran ended with an honorable discharge. (a) Primarily eligible persons. The following are primarily eligible persons for purposes of inurnment: (1) Any person eligible for interment in Arlington National Cemetery, as provided for in § 553.12(a). (2) Any veteran who served on active duty other than active duty for training. (3) Any member of a Reserve component of the Armed Forces who dies while: (i) On active duty for training or performing full-time duty under title 32, United States Code; E:\FR\FM\11MYP1.SGM 11MYP1 mstockstill on DSK3G9T082PROD with PROPOSALS 29238 Federal Register / Vol. 81, No. 91 / Wednesday, May 11, 2016 / Proposed Rules (ii) Performing authorized travel to or from such active duty for training or full-time duty; (iii) On authorized inactive-duty training, including training performed as a member of the Army National Guard of the United States or the Air National Guard of the United States; or (iv) Hospitalized or receiving treatment at the expense of the Government for an injury or disease incurred or contracted while on such active duty for training or full-time duty, traveling to or from such active duty for training or full-time duty, or on inactive-duty training. (4) Any member of the Reserve Officers’ Training Corps of the United States, Army, Navy, or Air Force, whose death occurs while: (i) Attending an authorized training camp or cruise; (ii) Performing authorized travel to or from that camp or cruise; or (iii) Hospitalized or receiving treatment at the expense of the Government for injury or disease incurred or contracted while attending such camp or cruise or while traveling to or from such camp or cruise. (5) Any citizen of the United States who, during any war in which the United States has been or may hereafter be engaged, served in the armed forces of any government allied with the United States during that war, whose last service ended honorably by death or otherwise, and who was a citizen of the United States at the time of entry into that service and at the time of death. (6) Commissioned officers, United States Coast and Geodetic Survey (now National Oceanic and Atmospheric Administration) who die during or subsequent to the service specified in the following categories and whose last service terminated honorably: (i) Assignment to areas of immediate military hazard. (ii) Served in the Philippine Islands on December 7, 1941. (iii) Transferred to the Department of the Army or the Department of the Navy under certain statutes. (7) Any commissioned officer of the United States Public Health Service who served on full-time duty on or after July 29, 1945, if the service falls within the meaning of active duty for training as defined in 38 U.S.C. 101(22) or inactive duty training as defined in 38 U.S.C. 101(23) and whose death resulted from a disease or injury incurred or aggravated in line of duty. Also, any commissioned officer of the Regular or Reserve Corps of the Public Health Service who performed active service prior to July 29, 1945 in time of war; on detail for duty with the Armed Forces; VerDate Sep<11>2014 16:58 May 10, 2016 Jkt 238001 or while the service was part of the military forces of the United States pursuant to Executive order of the President. (b) Derivatively eligible persons. Those connected to an individual described in paragraph (a) of this section through a relationship described in § 553.12(b). Such individuals may be inurned if space is available in the primarily eligible person’s niche. § 553.14 Eligibility for interment of cremated remains in the Arlington National Cemetery Unmarked Area. (a) The cremated remains of any person eligible for interment in Arlington National Cemetery as described in § 553.12 may be interred in the designated Arlington National Cemetery Unmarked Area. (b) Cremated remains must be interred in a biodegradable container or placed directly into the ground without a container. Cremated remains are not authorized to be scattered at this site or at any location within Arlington National Cemetery. (c) There will be no headstone or marker for any person choosing this method of interment. A permanent register will be maintained by the Executive Director. (d) Consistent with the one-gravesiteper-family policy, once a person is interred in the Unmarked Area, any derivatively eligible persons and spouses must be interred in this manner. This includes spouses who are also primarily eligible persons. No additional gravesite, niche, or memorial marker in a memorial area will be authorized. § 553.15 Eligibility for group burial in Arlington National Cemetery. (a) The Executive Director may authorize a group burial in Arlington National Cemetery whenever several people, at least one of whom is an active duty service member, die during a military-related activity and not all remains can be individually identified. (b) Before authorizing a group burial that includes both United States and foreign decedents, the Executive Director will notify the Department of State and request that the Department of State notify the appropriate foreign embassy. § 553.16 Eligibility for memorialization in an Arlington National Cemetery memorial area. (a) With the authority granted by 38 U.S.C. 2409, a memorial marker may be placed in an Arlington National Cemetery memorial area to honor the memory of service members or veterans, PO 00000 Frm 00070 Fmt 4702 Sfmt 4702 who are eligible for interment under § 553.12(a) and: (1) Who are missing in action; (2) Whose remains have not been recovered or identified; (3) Whose remains were buried at sea, whether by the member’s or veteran’s own choice or otherwise; (4) Whose remains were donated to science; or (5) Whose remains were cremated and the cremated remains were scattered without interment or inurnment of any portion of those remains. (b) When the remains of a primarily eligible person are unavailable for one of the reasons listed in paragraph (a) of this section, and a derivatively eligible person who predeceased the primarily eligible person is already interred or inurned in Arlington National Cemetery, the primarily eligible person may be memorialized only on the existing headstone or on a replacement headstone, ordered with a new inscription. Consistent with the onegravesite-per-family policy, a separate marker in a memorial area is not authorized. (c) When a memorial marker for a primarily eligible person is already in place in a memorial area, and a derivatively eligible person is subsequently interred or inurned in Arlington National Cemetery, an inscription memorializing the primarily eligible person will be placed on the new headstone or niche cover. Consistent with the one-gravesite-perfamily policy, the memorial marker will then be removed from the memorial area. § 553.17 Arlington National Cemetery interment/inurnment agreement. (a) A derivatively eligible person who predeceases the primarily eligible person may be interred or inurned in Arlington National Cemetery only if the primarily eligible person agrees in writing to be interred in the same gravesite or inurned in the same niche at his or her time of need and that his or her estate shall pay for all expenses related to disinterment or disinurnment of the predeceased person from Arlington National Cemetery if the primarily eligible person is not interred or inurned as agreed. (b) If the primarily eligible person becomes ineligible for interment or inurnment in Arlington National Cemetery or the personal representative or primary next of kin decides that the primarily eligible person will be interred or inurned elsewhere, the remains of any predeceased person may be removed from Arlington National Cemetery at no cost to the Government. E:\FR\FM\11MYP1.SGM 11MYP1 Federal Register / Vol. 81, No. 91 / Wednesday, May 11, 2016 / Proposed Rules § 553.18 Eligibility for burial in U.S. Soldiers’ and Airmen’s Home National Cemetery. Only the residents of the Armed Forces Retirement Home are eligible for interment in the U.S. Soldiers’ and Airmen’s Home National Cemetery. Resident eligibility criteria for the Armed Forces Retirement Home is provided for at 24 U.S.C. 412. mstockstill on DSK3G9T082PROD with PROPOSALS § 553.19 Ineligibility for interment, inurnment, or memorialization in an Army National Military Cemetery. The following persons are not eligible for interment, inurnment, or memorialization in an Army National Military Cemetery: (a) A father, mother, brother, sister, or in-law solely on the basis of his or her relationship to a primarily eligible person, even though the individual is: (1) Dependent on the primarily eligible person for support; or (2) A member of the primarily eligible person’s household. (b) A person whose last period of service was not characterized as an honorable discharge (e.g., a separation or discharge under general but honorable conditions, other than honorable conditions, a bad conduct discharge, a dishonorable discharge, or a dismissal), regardless of whether the person: (1) Received any other veterans’ benefits; or (2) Was treated at a Department of Veterans Affairs hospital or died in such a hospital. (c) A person who has volunteered for service with the U.S. Armed Forces, but has not yet entered on active duty. (d) A former spouse whose marriage to the primarily eligible person ended in divorce. (e) A spouse who predeceases the primarily eligible person and is interred or inurned in a location other than Arlington National Cemetery, and the primarily eligible person remarries. (f) A divorced spouse of a primarily eligible person. (g) Otherwise derivatively eligible persons, such as a spouse or minor child, if the primarily eligible person was not or will not be interred or inurned at Arlington National Cemetery. (h) A service member who dies while on active duty, if the first General Courts Martial Convening Authority in the service member’s chain of command determines that there is clear and convincing evidence that the service member engaged in conduct that would have resulted in a separation or discharge not characterized as an honorable discharge (e.g., a separation or discharge under general but VerDate Sep<11>2014 16:58 May 10, 2016 Jkt 238001 honorable conditions, other than honorable conditions, a bad conduct discharge, a dishonorable discharge, or a dismissal) being imposed, but for the death of the service member. (i) Animal remains. If animal remains are unintentionally commingled with human remains due to a natural disaster, unforeseen accident, act of war or terrorism, violent explosion, or similar incident, and such remains cannot be separated from the remains of an eligible person, then the remains may be interred or inurned with the eligible person, but the identity of the animal remains shall not be inscribed or identified on a niche, marker, headstone, or otherwise. § 553.20 Prohibition of interment, inurnment, or memorialization in an Army National Military Cemetery of persons who have committed certain crimes. (a) Prohibition. Notwithstanding §§ 553.12–16, 553.18, and 553.22, pursuant to 10 U.S.C. 985 and 38 U.S.C. 2411, the interment, inurnment, or memorialization in an Army National Military Cemetery of any of the following persons is prohibited: (1) Any person identified in writing to the Executive Director by the Attorney General of the United States, prior to his or her interment, inurnment, or memorialization, as a person who has been convicted of a Federal capital crime and whose conviction is final (other than a person whose sentence was commuted by the President). (2) Any person identified in writing to the Executive Director by an appropriate State official, prior to his or her interment, inurnment, or memorialization, as a person who has been convicted of a State capital crime and whose conviction is final (other than a person whose sentence was commuted by the Governor of the State). (3) Any person found under procedures specified in § 553.21 of this part to have committed a Federal or State capital crime but who has not been convicted of such crime by reason of such person not being available for trial due to death or flight to avoid prosecution. Notice from officials is not required for this prohibition to apply. (4) Any person identified in writing to the Executive Director by the Attorney General of the United States or by an appropriate State official, prior to his or her interment, inurnment, or memorialization, as a person who has been convicted of a Federal or State crime causing the person to be a Tier III sex offender for purposes of the Sex Offender Registration and Notification Act, who for such crime is sentenced to a minimum of life imprisonment and PO 00000 Frm 00071 Fmt 4702 Sfmt 4702 29239 whose conviction is final (other than a person whose sentence was commuted by the President or the Governor of a State, as the case may be). (b) Notice. The Executive Director is designated as the Secretary of the Army’s representative authorized to receive from the appropriate Federal or State officials notification of conviction of capital crimes referred to in this section. (c) Confirmation of person’s eligibility. (1) If notice has not been received, but the Executive Director has reason to believe that the person may have been convicted of a Federal capital crime or a State capital crime, the Executive Director shall seek written confirmation from: (i) The Attorney General of the United States, with respect to a suspected Federal capital crime; or (ii) An appropriate State official, with respect to a suspected State capital crime. (2) The Executive Director will defer the decision on whether to inter, inurn, or memorialize a decedent until a written response is received. § 553.21 Findings concerning the commission of certain crimes where a person has not been convicted due to death or flight to avoid prosecution. (a) Preliminary Inquiry. If the Executive Director has reason to believe that a decedent may have committed a Federal capital crime or a State capital crime but has not been convicted of such crime by reason of such person not being available for trial due to death or flight to avoid prosecution, the Executive Director shall submit the issue to the Army General Counsel. The Army General Counsel or his or her designee shall initiate a preliminary inquiry seeking information from Federal, State, or local law enforcement officials, or other sources of potentially relevant information. (b) Decision after Preliminary Inquiry. If, after conducting the preliminary inquiry described in paragraph (a), the Army General Counsel or designee determines that credible evidence exists suggesting the decedent may have committed a Federal capital crime or State capital crime, then further proceedings under this section are warranted to determine whether the decedent committed such crime. Consequently the Army General Counsel or his or her designee shall present the personal representative with a written notification of such preliminary determination and a dated, written notice of the personal representative’s procedural options. E:\FR\FM\11MYP1.SGM 11MYP1 mstockstill on DSK3G9T082PROD with PROPOSALS 29240 Federal Register / Vol. 81, No. 91 / Wednesday, May 11, 2016 / Proposed Rules (c) Notice and Procedural Options. The notice of procedural options shall indicate that, within fifteen days, the personal representative may: (1) Request a hearing; (2) Withdraw the request for interment, inurnment, or memorialization; or (3) Do nothing, in which case the request for interment, inurnment, or memorialization will be considered to have been withdrawn. (d) Time computation. The fifteen-day time period begins on the calendar day immediately following the earlier of the day the notice of procedural options is delivered in person to the personal representative or is sent by U.S. registered mail or, if available, by electronic means to the personal representative. It ends at midnight on the fifteenth day. The period includes weekends and holidays. (e) Hearing. The purpose of the hearing is to allow the personal representative to present additional information regarding whether the decedent committed a Federal capital crime or a State capital crime. In lieu of making a personal appearance at the hearing, the personal representative may submit relevant documents for consideration. (1) If a hearing is requested, the Army General Counsel or his or her designee shall conduct the hearing. (2) The hearing shall be conducted in an informal manner. (3) The rules of evidence shall not apply. (4) The personal representative and witnesses may appear, at no expense to the Government, and shall, in the discretion of the Army General Counsel or his or her designee, testify under oath. Oaths must be administered by a person who possesses the legal authority to administer oaths. (5) The Army General Counsel or designee shall consider any and all relevant information obtained. (6) The hearing shall be appropriately recorded. Upon request, a copy of the record shall be provided to the personal representative. (f) Final Determination. After considering the opinion of the Army General Counsel or his or her designee, and any additional information submitted by the personal representative, the Secretary of the Army or his or her designee shall determine the decedent’s eligibility for interment, inurnment, or memorialization. This determination is final and not appealable. (1) The determination shall be based on evidence that supports or undermines a conclusion that the VerDate Sep<11>2014 16:58 May 10, 2016 Jkt 238001 decedent’s actions satisfied the elements of the crime as established by the law of the jurisdiction in which the decedent would have been prosecuted. (2) If an affirmative defense is offered by the decedent’s personal representative, a determination as to whether the defense was met shall be made according to the law of the jurisdiction in which the decedent would have been prosecuted. (3) Mitigating evidence shall not be considered. (4) The opinion of the local, State, or Federal prosecutor as to whether he or she would have brought charges against the decedent had the decedent been available is relevant but not binding and shall be given no more weight than other facts presented. (g) Notice of Decision. The Executive Director shall provide written notification of the Secretary’s decision to the personal representative. § 553.22 Exceptions to policies for interment, inurnment, or memorialization at Arlington National Cemetery. (a) As a national military cemetery, eligibility standards for interment, inurnment, or memorialization are based on honorable military service. Exceptions to the eligibility standards for new graves are rarely granted. When granted, exceptions are for those persons who have made significant contributions that directly and substantially benefited the U.S. military. (b) Requests for an exception to the interment or inurnment eligibility policies shall be considered only after the individual’s death. (c) Requests for an exception to the interment or inurnment eligibility policies shall be submitted to the Executive Director and shall include any documents required by the Executive Director. (d) The primary next of kin is responsible for providing and certifying the authenticity of all documents and swearing to the accuracy of the accounting provided to support the request for exception to the interment or inurnment eligibility policies. (e) Disapproved requests will be reconsidered only when the personal representative or next of kin submits new and substantive information not previously considered by the Secretary of the Army. Requests for reconsideration shall be submitted directly to the Executive Director. Requests for reconsideration not supported by new and substantive information will be denied by the Executive Director after review and advice from the Army General Counsel or his or her designee. The Executive PO 00000 Frm 00072 Fmt 4702 Sfmt 4702 Director shall notify the personal representative or next of kin of the decision of the reconsideration. The decision by the Army General Counsel or the Secretary of the Army, as the case may be, is final and not appealable. (f) Under no circumstances, will exceptions to policies be considered or granted for those individuals prohibited from interment by virtue of § 553.20 or § 553.21 above. § 553.23 Placement of cremated remains at Army National Military Cemeteries. All cremated remains shall be interred or inurned. The scattering of cremated remains and the burial of symbolic containers are prohibited in Army National Military Cemeteries. § 553.24 Subsequently recovered remains. Subsequently recovered identified remains of a decedent shall be reunited in one gravesite or urn, or as part of a group burial either in an Army National Military Cemetery or other cemetery. Subsequently recovered identified remains may also be interred in the Arlington National Cemetery Tomb of Remembrance. § 553.25 Disinterments and disinurnments of remains. (a) Interments and inurnments in Army National Military Cemeteries are considered permanent. (b) Requests for disinterment or disinurnment of individually buried or inurned remains are considered requests for exceptions to this policy, and must be addressed to the Executive Director for decision. The request must include: (1) A full statement of the reasons for the disinterment or disinurnment of the remains from the personal representative or primary next of kin who directed the original interment or inurnment if still living, or if not, the current personal representative or primary next of kin; (2) A notarized statement from each living close relative of the decedent that he or she does not object to the proposed disinterment or disinurnment; and (3) A notarized statement by a person who has personal knowledge of the decedent’s relatives stating that the persons giving statements comprise all of the decedent’s living close relatives. (4) An appropriate funding source for the disinterment or disinurnment, as disinterments and disinurnments of individually buried or inurned remains must be accomplished without expense to the Government. (c) The Executive Director shall carry out disinterments and disinurnments directed by a court of competent E:\FR\FM\11MYP1.SGM 11MYP1 mstockstill on DSK3G9T082PROD with PROPOSALS Federal Register / Vol. 81, No. 91 / Wednesday, May 11, 2016 / Proposed Rules jurisdiction upon presentation of a lawful, original court order and after consulting with the Army General Counsel or his or her designee. (d) Remains interred in a group burial may be disinterred only if, after the completion of identification processing of any subsequently recovered remains, each decedent’s remains have not been individually identified and it is determined that available technology is likely to assist in the identification process of the previously interred group remains. Requests for disinterment of group remains must be addressed to the Executive Director by the appropriate Military Department’s Secretary or his or her designee for decision. The request must include: (1) A statement from the Joint Prisoner of War/Missing in Action Accounting Command certifying that subsequent to the interment or inurnment of the decedents, remains have been recovered from the site of the casualty incident, and that the remains of each individual U.S. citizen, legal resident, or former service member have not been previously identified from either the remains originally recovered or from the subsequently recovered portions. (2) Sufficient circumstantial and anatomical evidence from the Joint Prisoner of War/Missing in Action Accounting Command, which when combined with contemporary forensic or other scientific techniques, would lead to a high probability of individual identification of the interred group remains. (3) Copies of the Military Department’s notification to all the living close relatives of the decedents advising them of the proposed disinterment. (4) A time period identified by the Joint Prisoner of War/Missing in Action Accounting Command during which it proposes to perform forensic or scientific techniques for individual identification processing. (5) An anticipated time period as to when the Joint Prisoner of War/Missing in Action Accounting Command will return any unidentified remains to Arlington National Cemetery or will notify the cemetery that individual identifications of the group remains are complete and no remains will be returned. (e) Disinterment or disinurnment is not permitted for the sole purpose of splitting remains or permanently keeping any portion of the remains in a location other than Arlington National Cemetery. (f) Disinterment of previously designated group remains for the sole VerDate Sep<11>2014 16:58 May 10, 2016 Jkt 238001 purpose of individually segregating the group remains is not permitted unless the requirements of paragraph (d) of this section are met. § 553.26 Design of Government-furnished headstones, niche covers, and memorial markers. (a) Headstones and memorial markers shall be white marble in an upright slab design. Flat-type granite markers may be used, at the Executive Director’s discretion, when the terrain or other obstruction precludes use of an upright marble headstone or memorial marker. (b) Niche covers shall be white marble. (c) The Executive Director shall approve the design of headstones and memorial markers erected for group burials, consistent with the policies of the Secretary of Veterans Affairs. § 553.27 Inscriptions on Governmentfurnished headstones, niche covers, and memorial markers. (a) Inscriptions on Governmentfurnished headstones, niche covers, and memorial markers will be made according to the policies and specifications of the Secretary of the Army, consistent with the policies of the Secretary of Veterans Affairs. (b) No grades, titles, or ranks other than military grades granted pursuant to title 10, United States Code, will be engraved on Government-furnished headstones, niche covers, and memorial markers. Honorary grades, titles, or ranks granted by States, governors, and others shall not be inscribed on headstones, niche covers, or memorial markers. (c) Memorial markers must include the words ‘‘In Memory of’’ preceding the inscription. (d) The words ‘‘In Memory of’’ shall not precede the inscription of a decedent whose remains are interred or inurned. § 553.28 Private headstones and markers. (a) Construction and installation of private headstones and markers in lieu of Government-furnished headstones and markers is permitted only in sections of Army National Military Cemeteries in which private memorials and markers were authorized as of January 1, 1947. These headstones or markers must be of simple design, dignified, and appropriate for a military cemetery as determined by the Executive Director. (b) The design and inscription of a private headstone or marker must be approved by the Executive Director prior to its construction and placement. All private headstones and markers will be designed to conform to the PO 00000 Frm 00073 Fmt 4702 Sfmt 4702 29241 dimensions and profiles specified by the Executive Director and will be inscribed with the location of the gravesite. (c) Placement of a private headstone or marker is conditional upon the primary next of kin agreeing in writing to maintain it in a manner acceptable to the Government. Should the headstone or marker become unserviceable at any time and the primary next of kin fail to repair or replace it, or if the marker is not updated to reflect all persons buried in that gravesite within 6 months of the most recent burial, the Executive Director reserves the right to remove and dispose of the headstone or marker and replace it with a standard, Government-furnished headstone or marker. (d) The construction of a headstone or marker to span two gravesites will be permitted only in those sections in which headstones and markers are presently spanning two gravesites and only with the express understanding that in the event both gravesites are not utilized for burials, the headstone or marker will be relocated to the center of the occupied gravesite, if possible. Such relocation must be accomplished at no expense to the Government. The Executive Director reserves the right to remove and dispose of the headstone or marker and to mark the gravesite with a Government-furnished headstone or marker if the personal representative or primary next of kin fails to relocate the headstone or marker as requested by the Executive Director. (e) Separate headstones or markers may be constructed on a lot (two gravesites) for a service member and spouse, provided that each headstone or marker is set at the head of the gravesite after interment has been made. (f) At the time a headstone or marker is purchased, arrangements must be made with an appropriate commercial firm to ensure that additional inscriptions will be promptly inscribed following each succeeding interment in the gravesite. Foot markers must be authorized by the Executive Director and may only be authorized when there is no available space for an inscription on the front or rear of a private headstone. (g) Except as may be authorized for marking group burials, ledger monuments of freestanding cross design, narrow shafts, and mausoleums are prohibited. § 553.29 Permission to construct private headstones and markers. (a) Headstone firms must receive permission from the Executive Director to construct a private headstone or marker for use in Army National E:\FR\FM\11MYP1.SGM 11MYP1 29242 Federal Register / Vol. 81, No. 91 / Wednesday, May 11, 2016 / Proposed Rules Military Cemeteries or to add an inscription to an existing headstone or marker in an Army National Military Cemetery. (b) Requests for permission must be submitted to the Executive Director and must include: (1) Written consent from the personal representative or primary next of kin; (2) Contact information for both the personal representative or primary next of kin and the headstone firm; and (3) A scale drawing (no less than 1:12) showing all dimensions, or a reproduction showing detailed specifications of design and proposed construction material, finishing, carving, lettering, exact inscription to appear on the headstone or marker, and a trademark or copyright designation. (c) The Army does not endorse headstone firms but grants permission for the construction of headstones or markers in individual cases. (d) When using sandblast equipment to add an inscription to an existing headstone or marker, headstone firms shall restore the surrounding grounds in a timely manner as determined by the Executive Director to the condition of the grounds before work began and at no expense to the Government. § 553.30 Inscriptions on private headstones and markers. An appropriate inscription for the decedent will be placed on the headstone or marker in accordance with the dimensions of the stone and arranged in such a manner as to enhance the appearance of the stone. Additional inscriptions may be inscribed following each succeeding interment in the gravesite. All inscriptions will be in accordance with policies established by the Executive Director. § 553.31 Memorial and commemorative monuments (other than private headstones or markers). The placement of memorials or commemorative monuments in Arlington National Cemetery will be carried out in accordance with 38 U.S.C. 2409(b). mstockstill on DSK3G9T082PROD with PROPOSALS § 553.32 Conduct of memorial services and ceremonies. (a) The Executive Director shall ensure the sanctity of public and private memorial and ceremonial events. (b) All memorial services and ceremonies within Army National Military Cemeteries, other than official ceremonies, shall be purely memorial in purpose and may be dedicated only to: (1) The memory of all those interred, inurned, or memorialized in Army National Military Cemeteries; VerDate Sep<11>2014 16:58 May 10, 2016 Jkt 238001 (2) The memory of all those who died in the military service of the United States while serving during a particular conflict or while serving in a particular military unit or units; or (3) The memory of the individual or individuals to be interred, inurned, or memorialized at the particular site at which the service or ceremony is held. (c) Memorial services and ceremonies at Army National Military Cemeteries will not include partisan political activities. (d) Private memorial services may be closed to the media and public as determined by the decedent’s primary next of kin. (e) Public memorial services and public wreath-laying ceremonies shall be open to all members of the public to observe. § 553.33 Visitors rules for Army National Military Cemeteries. (a) Visiting hours. Visiting hours shall be established by the Executive Director and posted in conspicuous places. No visitor is permitted to enter or remain in an Army National Military Cemetery outside the established visiting hours. (b) Destruction or removal of property. No person shall destroy, damage, mutilate, alter, or remove any monument, gravestone, niche cover, structure, tree, shrub, plant, or other property located within an Army National Military Cemetery. (c) Conduct within Army National Military Cemeteries. Army National Military Cemeteries are a national shrine to the honored dead of the Armed Forces, and certain acts and activities, which may be appropriate elsewhere, are not appropriate in Army National Military Cemeteries. All visitors, including persons attending or taking part in memorial services and ceremonies, shall observe proper standards of decorum and decency while in an Army National Military Cemetery. Specifically, no person shall: (1) Conduct any memorial service or ceremony within an Army National Military Cemetery without the prior approval of the Executive Director. (2) Engage in demonstrations prohibited by 38 U.S.C. 2413. (3) Engage in any orations, speeches, or similar conduct to assembled groups of people, unless such actions are part of a memorial service or ceremony authorized by the Executive Director. (4) Display any placards, banners, flags, or similar devices within an Army National Military Cemetery, unless first approved by the Executive Director for use in an authorized memorial service or ceremony. This rule does not apply to clothing worn by visitors. PO 00000 Frm 00074 Fmt 4702 Sfmt 4702 (5) Distribute any handbill, pamphlet, leaflet, or other written or printed matter within an Army National Military Cemetery, except a program approved by the Executive Director to be provided to attendees of an authorized memorial service or ceremony. (6) Bring a dog, cat, or other animal (other than a service animal or military working dog) within an Army National Military Cemetery. This prohibition does not apply to persons living in quarters located on the grounds of the Army National Military Cemeteries. (7) Use the cemetery grounds for recreational activities (e.g., physical exercise, running, jogging, sports, or picnics). (8) Ride a bicycle or similar conveyance in an Army National Military Cemetery, except with a proper pass issued by the Executive Director to visit a gravesite or niche. An individual visiting a relative’s gravesite or niche may be issued a temporary pass by the Executive Director to proceed directly to and from the gravesite or niche on a bicycle or similar vehicle or conveyance. (9) Operate a musical instrument, a loudspeaker, or an audio device without a headset within an Army National Military Cemetery. (10) Drive any motor vehicle within an Army National Military Cemetery in excess of the posted speed limit. (11) Park any motor vehicle in any area of an Army National Military Cemetery designated as a no-parking area. (12) Leave any vehicle in the Arlington National Cemetery Visitors’ Center parking area or Soldiers’ and Airmen’s Home National Cemetery visitors’ parking area more than thirty minutes outside of established visiting hours or anywhere else in an Army National Military Cemetery outside of established visiting hours. (13) Consume or serve alcoholic beverages without prior written permission from the Executive Director. (14) Possess firearms without prior written permission from the Executive Director. This prohibition does not apply to law enforcement and military personnel in the performance of their official duties. In accordance with locally established policy, military and law enforcement personnel may be required to obtain advance permission from the Executive Director of the Army National Military Cemeteries prior to possessing firearms on the property of an Army National Military Cemetery. (15) Deposit or throw litter or trash on the grounds of the Army National Military Cemeteries. E:\FR\FM\11MYP1.SGM 11MYP1 Federal Register / Vol. 81, No. 91 / Wednesday, May 11, 2016 / Proposed Rules (16) Engage in any disrespectful or disorderly conduct within an Army National Military Cemetery. (d) Vehicular traffic. All visitors, including persons attending or taking part in memorial services and ceremonies, will observe the following rules concerning motor vehicle traffic within Arlington National Cemetery: (1) Visitors arriving by car and not entitled to a vehicle pass pursuant to paragraph (d)(2) of this section are required to park their vehicles in the Visitors’ Center parking area or at a location outside of the cemetery. (2) Only the following categories of vehicles may be permitted access to Arlington National Cemetery roadways and issued a permanent or temporary pass from the Executive Director: (i) Official Government vehicles being used on official Government business. (ii) Vehicles carrying persons on official Cemetery business. (iii) Vehicles forming part of an authorized funeral procession and authorized to be part of that procession. (iv) Vehicles carrying persons visiting the Arlington National Cemetery gravesites, niches, or memorial areas of relatives or loved ones interred, inurned, or memorialized within Arlington National Cemetery. (v) Arlington National Cemetery and National Park Service maintenance vehicles. (vi) Vehicles of contractors who are authorized to perform work within Arlington National Cemetery. (vii) Concessionaire tour buses authorized by the Executive Director to operate in Arlington National Cemetery. (viii) Vehicles of employees of ANMC as authorized by the Executive Director. § 553.34 Soliciting and vending. The display or distribution of commercial advertising to or solicitation of business from the public is strictly prohibited within an Army National Military Cemetery, except as authorized by the Executive Director. mstockstill on DSK3G9T082PROD with PROPOSALS § 553.35 Media. All officials and staff of the media are subject to the Visitors Rules enumerated in § 553.33 of this part and shall comply with the Department of the Army’s media policy. [FR Doc. 2016–11038 Filed 5–10–16; 8:45 am] BILLING CODE 3710–08–P VerDate Sep<11>2014 16:58 May 10, 2016 Jkt 238001 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 51 and 52 [EPA–HQ–OAR–2015–0531; FRL–9946–22– OAR] Protection of Visibility: Amendments to Requirements for State Plans Environmental Protection Agency (EPA). ACTION: Notice of public hearing. AGENCY: The Environmental Protection Agency (EPA) is announcing a public hearing to be held for the proposed rule titled, ‘‘Protection of Visibility: Amendments to Requirements for State Plans’’ which published in the Federal Register on May 4, 2016. The hearing will be held on Wednesday, June 1, 2016, in Denver, Colorado. Please note that this hearing is being held in addition to the May 19, 2016, public hearing in Washington, DC that was announced in the notice of proposed rulemaking. SUMMARY: Public Hearing. The public hearing will be held on Wednesday, June 1, 2016, in Denver, Colorado. Please refer to SUPPLEMENTARY INFORMATION for additional information on the public hearing. Comments. Comments must be received on or before July 5, 2016. ADDRESSES: Public Hearing. The June 1, 2016, public hearing will be held on the 2nd floor of the EPA Region 8 office, 1595 Wynkoop Street, Denver, CO 80202. Identification is required. If your driver’s license is issued by American Samoa, Illinois or Missouri, you must present an additional form of identification to enter (see SUPPLEMENTARY INFORMATION for additional information on this location). Comments: Submit your comments, identified by Docket ID No. EPA–HQ– OAR–2015–0531, at https:// www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment DATES: PO 00000 Frm 00075 Fmt 4702 Sfmt 4702 29243 contents located outside of the primary submission (i.e., on the Web, Cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/ comments.html. FOR FURTHER INFORMATION CONTACT: If you would like to speak at the public hearing, please contact Ms. Pamela Long, U.S. Environmental Protection Agency, Office of Air Quality Planning and Standards, Air Quality Planning Division, (C504–01), Research Triangle Park, NC 27711, telephone (919) 541– 0641, fax number (919) 541–5509, email address long.pam@epa.gov, no later than Tuesday, May 31, 2016. If you have any questions relating to the public hearing, please contact Ms. Long at the above number. Questions concerning the May 4, 2016, proposed rule should be addressed to Mr. Christopher Werner, U.S. Environmental Protection Agency, Office of Air Quality Planning and Standards, (C539–04), Research Triangle Park, NC 27711, telephone (919) 541– 5133, email address werner.christopher@epa.gov. SUPPLEMENTARY INFORMATION: The proposal for which the EPA is holding the public hearing was published in the Federal Register on May 4, 2016, (81 FR 26942) and is available at: https:// www.epa.gov/visibility and also in docket EPA–HQ–OAR–2015–0531. The public hearing will provide interested parties the opportunity to present data, views, or arguments concerning the proposal. The EPA may ask clarifying questions during the oral presentations, but will not respond to the presentations at that time. Written statements and supporting information that are submitted during the comment period will be considered with the same weight as any oral comments and supporting information presented at the public hearing. Written comments must be postmarked by the last day of the comment period. The proposed rule states that the public comment period will close on July 5, 2016. The public hearing will convene at 9 a.m. (Mountain Daylight Saving Time) and continue until the earlier of 5 p.m. or 1 hour after the last registered speaker has spoken. The EPA will make every effort to accommodate all individuals interested in providing oral testimony. A lunch break is scheduled from 12 p.m. until 1 p.m. Please note that this hearing will be held at a U.S. E:\FR\FM\11MYP1.SGM 11MYP1

Agencies

[Federal Register Volume 81, Number 91 (Wednesday, May 11, 2016)]
[Proposed Rules]
[Pages 29230-29243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11038]


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DEPARTMENT OF DEFENSE

Department of the Army

32 CFR Part 553

[Docket No. USA-2015-HQ-0046]
RIN 0702-AA60


Army National Military Cemeteries

AGENCY: Department of the Army, DoD.

ACTION: Proposed rule.

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SUMMARY: The Department of the Army (Army) proposes to amend its 
regulation for the development, operation, maintenance, and 
administration of the Army National Cemeteries to reflect their 
statutory name change to the Army National Military Cemeteries and 
changes in the management structure, to adopt modifications suggested 
by the Department of the Army Inspector General, and to implement 
changes in interment eligibility.

DATES: Consideration will be given to all comments received by July 11, 
2016.

ADDRESSES: You may submit comments, identified by 32 CFR part 553, 
Docket No. USA-2015-HQ-0046 and or by Regulatory Information Number 
(RIN) 0720-AA60 by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Department of Defense, Office of the Deputy Chief 
Management Officer, Directorate of Oversight and Compliance, 4800 Mark 
Center Drive, Mailbox #24, Alexandria, VA 22350-1700.
     Instructions: All submissions received must include the 
agency name and docket number or RIN for this Federal Register 
document. The general policy for comments and other submissions from 
members of the public is to make these submissions available for public 
viewing on the Internet at https://www.regulations.gov as they are 
received without change, including any personal identifiers or contact 
information.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Quackenbush, Army National 
Military Cemeteries, 703-614-7150.

SUPPLEMENTARY INFORMATION: The revisions to this rule will be reported 
in future status updates as part of DoD's retrospective plan under 
Executive Order 13563 completed in August 2011. DoD's full plan can be 
accessed at: https://www.regulations.gov/#!docketDetail;D=DOD-2011-OS-
0036.

A. Executive Summary

I. Purpose of the Regulatory Action

    a. This regulatory action modifies the Army's regulation governing 
Army National Military Cemeteries, which consist of Arlington National 
Cemetery and the U.S. Soldiers' and Airmen's Home National Cemetery, to 
reflect changes in the management structure of the Army National 
Military Cemeteries created by Army General Orders 2014-74 and 2014-75 
and the National Defense Authorization Act for Fiscal Year 2012, Pub. 
L. 112-81, section 591 (2011) (adding chapter 446 to title 10); to 
adopt modifications suggested by the Department of the Army Inspector 
General; to implement interment, inurnment, and memorialization 
eligibility restrictions, including those mandated by 10 U.S.C. 985 and 
38 U.S.C. 2411; and to prohibit the reservation of gravesites as 
mandated by 38 U.S.C. 2410a.
    b. The legal authority for this regulatory action is section 591 of 
the National Defense Authorization Act for Fiscal Year 2012, Public Law 
112-81 (2011), which added chapter 446 to title 10. Chapter 446 
requires the Secretary of the Army to prescribe regulations and 
policies as may be necessary to administer the Army National Military 
Cemeteries, and it codifies the role of the Executive Director as the 
individual responsible for exercising authority, direction, and control 
over all aspects of the Army National Military Cemeteries. Throughout 
part 553, the Army replaces references to the Superintendent of the 
Cemetery, the Adjutant General, and Commanding General, Military 
District of Washington, with ``Executive Director'' to reflect the 
current command structure, which was implemented through Army General 
Orders 2014-74 and 2014-75 and codified in the National Defense 
Authorization Act of 2012.

II. Summary of the Major Provisions of the Regulatory Action in 
Question

    The new definition of Army National Military Cemeteries reflects 
the Army National Military Cemeteries' status as a Secretariat element 
of Headquarters, Department of the Army. Prior to the National Defense 
Authorization Act for Fiscal Year 2012, Public Law 112-81, sec. 591 
(2011), the Army National Cemeteries were a civil works activity of the 
Department of the Army. Throughout part 553, the term Army National 
Military Cemeteries replaces ``Army National Cemeteries'' to reflect 
this statutory change.
    Section 553.3 (redesignated as Sec.  553.4), ``Scope and 
applicability,'' is amended to focus on the applicability of this part 
and not on the applicability of a separate internal Army regulation.
    Section 553.4, ``Responsibilities,'' is removed, and its content is 
included in proposed Sec.  553.3, ``Statutory authorities.''
    Section 553.5, ``Federal Jurisdiction,'' is removed as 10 U.S.C. 
chapter 446 provides that the Army National Military Cemeteries shall 
be under the jurisdiction of Headquarters, Department of the Army.
    Section 553.6, ``Donations,'' is removed because its subject matter 
is addressed fully in other statutes and regulations.
    Section 553.7, ``Design and layout of Army National Cemeteries,'' 
is renamed

[[Page 29231]]

``Standards for managing Army National Military Cemeteries'' 
(redesignated as Sec.  553.6).
    Section 553.8 (redesignated as Sec.  553.7), ``Arlington Memorial 
Amphitheater,'' makes it easier for the public to understand how the 
Arlington Memorial Amphitheater is managed.
    Section 553.9, ``Power of Arrest,'' which addressed the 
Superintendent's power of arrest in limited circumstances, is removed. 
This provision is no longer expressly authorized by statute and is not 
necessary because police and security have been provided for at the 
Army National Military Cemeteries. However, in proposed Sec.  553.5, 
the Executive Director is provided the authority to order the removal 
of and bar from re-entry any person who violates any number of 
designated statutes or regulations.
    Section 553.10, ``Solicitations,'' is now addressed in proposed 
Sec.  553.34, ``Soliciting and vending.''
    Section 553.11, ``Procurement,'' is removed because the information 
it contains is covered by other laws and regulations and is thus 
unnecessary.
    Section 553.12, ``Encroachments and revocable licenses,'' is 
renamed ``Permission to install utilities'' (redesignated as Sec.  
553.8) and no longer considers encroachments, which are no longer 
applicable.
    Section 553.13 ``Standards of construction, maintenance, and 
operations,'' is renamed ``Standards for managing Army National 
Military Cemeteries'' (redesignated as Sec.  553.6) and is proposed to 
reflect the role of the Executive Director as the individual 
responsible for exercising authority, direction, and control over all 
aspects of the Army National Military Cemeteries, as codified in 
chapter 446 of title 10.
    Section 553.14 ``Authority for interments,'' is renamed ``Statutory 
authorities'' (redesignated as Sec.  553.3) and includes all 
authorities related to the Army National Military Cemeteries, not just 
the authority for interments.
    Section 553.15 ``Persons eligible for burial in Arlington National 
Cemetery'' is renamed ``Eligibility for interment in Arlington National 
Cemetery'' (redesignated as Sec.  553.12) and reflects the difference 
between primary and derivative eligibility, clarifies which elective 
offices can create eligibility for interment, allows subsequently 
remarried spouses to be eligible for interment with the prior spouse 
under certain circumstances, and gives derivative eligibility to 
certain otherwise ineligible veterans whose close relatives are 
primarily eligible.
    Section 553.15a, ``Persons eligible for inurnment of cremated 
remains in Columbarium in Arlington National Cemetery,'' is renamed 
``Eligibility for inurnment in Arlington National Cemetery 
Columbarium'' (redesignated as Sec.  553.13).
    Section 553.16 ``Persons eligible for burial in Soldiers' Home 
National Cemetery,'' is renamed ``Eligibility for burial in U.S. 
Soldiers' and Airmen's Home National Cemetery'' (redesignated as Sec.  
553.18) and clarifies that eligibility is limited to the residents of 
the Armed Forces Retirement Home.
    Section 553.17, ``Persons ineligible for burial in an Army national 
cemetery,'' is renamed ``Ineligibility for interment, inurnment or 
memorialization in an Army National Military Cemetery'' (redesignated 
as Sec.  553.19) and expands upon Sec.  553.17 so that inurnments and 
memorializations will also be covered under this section. Proposed 
Sec.  553.19 clarifies the ineligibility of a former spouse whose 
marriage to the primarily eligible person ended in divorce, clarifies 
the termination of a spouse's derivative eligibility upon interment in 
a cemetery other than an Army National Military Cemetery and the 
remarriage of the primarily eligible spouse, forbids the interment or 
inurnment of persons convicted of certain crimes, forbids the interment 
or inurnment of persons who died on active duty under certain 
circumstances, and governs how animal remains unintentionally comingled 
with human remains shall be treated.
    Section 553.18, ``Assignment of gravesites,'' is renamed 
``Assignment of gravesites or niches'' (redesignated as Sec.  553.9) so 
the assignment of niches will also be covered under this section. 
Proposed Sec.  553.9 would also implement 38 U.S.C. 2410a, which 
prohibits the reservation of a gravesite at Arlington National Cemetery 
prior an individual's death, absent a waiver from the President of the 
United States, and imposes the limit of one gravesite per family. 
Proposed Sec.  553.9 explains the one-gravesite-per-family policy, 
explains how previously made reservations will be treated, and gives 
the Executive Director the authority to cancel reservations under 
certain circumstances.
    Section 553.19, ``Disinterments,'' is renamed ``Disinterments and 
disurnments of remains'' (redesignated as Sec.  553.25) so the 
disurnment of remains will also be covered under this section. Proposed 
Sec.  553.25 explains the disinterment and disurnment process and 
governs disinterment from group burial sites.
    Section 553.20, ``Headstones and markers,'' is renamed ``Design of 
Government-furnished headstones, niche covers, and memorial markers'' 
(proposed Sec.  553.26) and includes niche covers, removes a repealed 
citation, and notifies the public that the Executive Director shall 
approve the design of headstones and memorial markers erected for group 
burials.
    Section 553.21, ``Monuments and inscriptions at private expense,'' 
is renamed ``Private headstones and markers'' (redesignated as Sec.  
553.28) and makes clear that the design and inscription of a private 
headstone or marker must be approved by the Executive Director prior to 
its construction and placement. Proposed Sec.  553.28 more fully 
explains the treatment of private headstones at Army National Military 
Cemeteries.
    Section 553.22, ``Visitors' Rules for the Arlington National 
Cemetery,'' is renamed ``Visitors rules for Army National Military 
Cemeteries'' (redesignated as Sec.  553.33) and simplifies the 
regulation and prohibits dogs, cats, or other animals (except for 
service animals or military working dogs) from an Army National 
Military Cemetery.
    Proposed Sec.  553.1, ``Definitions,'' provides the definitions of 
terms used throughout the proposed rule.
    Proposed Sec.  553.2, ``Purpose,'' explains that this part 
specifies the authorities and assigns the responsibilities for the 
development, operation, maintenance, and administration of the Army 
National Military Cemeteries.
    Proposed Sec.  553.5, ``Maintaining order,'' notifies the public of 
the Executive Director's authority to order the removal from and bar 
the re-entry onto the Army National Military Cemeteries of any person 
who acts in violation of any regulation, including this part, covered 
by 50 U.S.C. 797.
    Proposed Sec.  553.10, ``Proof of eligibility,'' provides a list of 
the official documents used to establish a decedent's eligibility for 
interment or inurnment in the Army National Military Cemeteries, 
including the requirement of certification that 100% of the cremated 
remains will be interred or inurned in the Army National Military 
Cemeteries, with an exception for producing commemorative items if 
authorized by the Executive Director.
    Proposed Sec.  553.11, ``General rules governing eligibility for 
interment, inurnment, and memorialization at Arlington National 
Cemetery,'' clarifies the eligibility guidelines, in particular the 
distinction between a person who is primarily eligible and a person who 
is derivatively eligible for interment or inurnment.
    Proposed Sec.  553.14, ``Eligibility for interment of cremated 
remains in the

[[Page 29232]]

Arlington National Cemetery Unmarked Area,'' implements 38 U.S.C Sec.  
2410, which authorizes the Secretary of the Army to set aside land at 
Arlington National Cemetery for the interment under such rules as the 
Secretary may prescribe, of unmarked cremated remains of persons 
eligible for interment at Arlington National Cemetery.
    Proposed Sec.  553.15, ``Eligibility for group burial at Arlington 
National Cemetery,'' regulates the interment of unidentifiable co-
mingled human remains of which at least one person is eligible for 
interment at Arlington National Cemetery.
    Proposed Sec.  553.16, ``Eligibility for memorialization in an 
Arlington National Cemetery Memorial Area,'' supplements Sec.  
553.21(b), ``Monuments and inscriptions at private expense,'' and 
explains to the public how Arlington National Cemetery will treat 
memorial markers.
    Proposed Sec.  553.17, ``Arlington National Cemetery internment/
inurnment agreement,'' guarantees that when a derivatively eligible 
person predeceases a primarily eligible person and is interred or 
inurned at Arlington National Cemetery, the primarily eligible person 
will eventually be buried in the same gravesite or inurned in the same 
niche.
    Proposed Sec.  553.20, ``Prohibition of interment, inurnment, or 
memorialization in an Army National Military Cemetery of persons who 
have committed certain crimes,'' implements 10 U.S.C. 985 and 38 U.S.C. 
2411, which prohibit the interment, inurnment, or memorialization in 
any Army National Military Cemetery of an individual who has been 
convicted of a federal or state capital crime, who committed a federal 
or state capital crime but was not convicted of such crime because the 
person was not available for trial due to death or flight to avoid 
prosecution, or who has been convicted of a Federal or State crime 
causing the person to be a Tier III sex offender for purposes of the 
Sex Offender Registration and Notification Act and who is sentenced to 
a minimum of life imprisonment. Definitions of the terms federal 
capital crime and state capital crime have been included in proposed 
Sec.  553.1 to implement these regulations.
    Proposed Sec.  553.21, ``Findings concerning the commission of 
certain crimes where a person has not been convicted due to death or 
flight to avoid prosecution,'' implements 10 U.S.C. 985 and 38 U.S.C. 
241, which prohibit the interment, inurnment, or memorialization in any 
Army National Military Cemetery of an individual who has been convicted 
of a federal or state capital crime, or who committed a federal or 
state capital crime but was not convicted of such crime because the 
person was not available for trial due to death or flight to avoid 
prosecution.
    Proposed Sec.  553.22, ``Exceptions to policies for interment or 
inurnment at Arlington National Cemetery'' implements 10 U.S.C. 4722, 
which authorizes the Secretary of the Army to establish policies and 
procedures for reviewing and determining requests for exception to the 
interment and inurnment eligibility policies. Proposed Sec.  553.22 
notifies the public as to how exceptions will be processed.
    Proposed Sec.  553.23, ``Placement of cremated remains at Army 
National Military Cemeteries,'' clarifies the requirement that all 
cremated remains shall be interred or inurned and that the burial of 
symbolic containers is prohibited in the Army National Military 
Cemeteries.
    Proposed Sec.  553.24, ``Subsequently recovered remains,'' provides 
that the subsequently recovered identified remains of a decedent shall 
be reunited in one gravesite or urn or as part of a group interment 
either in an Army National Military Cemetery or other cemetery.
    Proposed Sec.  553.29, ``Permission to construct private headstones 
and markers,'' explains how a headstone firm may obtain permission to 
construct private headstones and markers at Army National Military 
Cemeteries.
    Proposed Sec.  553.30, ``Inscriptions on private headstones and 
markers,'' provides guidelines for inscriptions on private headstones 
and markers.
    Proposed Sec.  553.31, ``Memorial and commemorative monuments 
(other than private headstones or markers),'' governs the placement of 
memorials or commemorative monuments in Arlington National Cemetery in 
accordance with 38 U.S.C. 2409(b).
    Proposed Sec.  553.32, ``Conduct of memorial services and 
ceremonies,'' explains the manner in which the Army National Military 
Cemeteries ensures the sanctity of public and private memorial and 
ceremonial events.
    Proposed Sec.  553.35, ``Media,'' provides that all officials and 
staff of the media are subject to the visitors rules and shall comply 
with the Department of the Army's media policy.

B. Regulatory Flexibility Act

    The Army has determined that the Regulatory Flexibility Act does 
not apply because the rule does not have a significant economic impact 
on a substantial number of small entities within the meaning of the 
Regulatory Flexibility Act, 5 U.S.C. 601-612.

C. Unfunded Mandates Reform Act

    The Army has determined that the Unfunded Mandates Reform Act does 
not apply because the rule does not include a mandate that may result 
in estimated costs to State, local, or tribal governments in the 
aggregate, or the private sector, of $100 million or more.

D. National Environmental Policy Act

    Neither an environmental analysis nor an environmental impact 
statement under the National Environmental Policy Act is required. The 
changes made to the prior regulation by this amendment reflect existing 
policies and do not significantly alter ongoing activities, nor does 
this amendment constitute a new use of the property.

E. Paperwork Reduction Act

    The Army has determined that this rule does not impose reporting or 
recordkeeping requirements under the Paperwork Reduction Act of 1995.

F. Executive Order 12630 (Government Actions and Interference With 
Constitutionally Protected Property Rights)

    The Army has determined that E.O. 12630 does not apply because the 
rule does not impair private property rights.

G. Executive Order 12866 (Regulatory Planning and Review) and E.O. 
13563 (Improving Regulation and Regulatory Review)

    Executive Orders 13563 and 12866 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distribute impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has been designated a ``significant regulatory 
action,'' although not economically significant, under section 3(f) of 
Executive Order 12866. Accordingly, the rule has been reviewed by the 
Office of Management and Budget.'' (OMB).

H. Executive Order 13045 (Protection of Children From Environmental 
Health Risk and Safety Risks)

    The Army has determined that according to the criteria defined in 
E.O. 13045, the requirements of that Order do not apply to this rule.

[[Page 29233]]

I. Executive Order 13132 (Federalism)

    The Army has determined that, according to the criteria defined in 
E.O. 13132, the requirements of that Order do not apply to this rule 
because the rule will not have a substantial effect on the States, on 
the relationship between the Federal government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government.

Patrick K. Hallinan,
Executive Director.

List of Subjects in 32 CFR Part 553

    Armed forces, Armed forces reserves, Military personnel, Monuments 
and memorials, Veterans.

    For the reasons stated in the preamble, the Department of the Army 
proposes to revise part 553 to read as follows:

PART 553--ARMY NATIONAL MILITARY CEMETERIES

Sec.
553.1 Definitions.
553.2 Purpose.
553.3 Statutory authorities.
553.4 Scope and applicability.
553.5 Maintaining order.
553.6 Standards for managing Army National Military Cemeteries.
553.7 Arlington Memorial Amphitheater.
553.8 Permission to install utilities.
553.9 Assignment of gravesites or niches.
553.10 Proof of eligibility.
553.11 General rules governing eligibility for interment, inurnment, 
and memorialization at Arlington National Cemetery.
553.12 Eligibility for interment in Arlington National Cemetery.
553.13 Eligibility for inurnment in Arlington National Cemetery 
Columbarium.
553.14 Eligibility for interment of cremated remains in the 
Arlington National Cemetery Unmarked Area.
553.15 Eligibility for group burial in Arlington National Cemetery.
553.16 Eligibility for memorialization in an Arlington National 
Cemetery memorial area.
553.17 Arlington National Cemetery interment/inurnment agreement.
553.18 Eligibility for burial in U.S. Soldiers' and Airmen's Home 
National Cemetery.
553.19 Ineligibility for interment, inurnment, or memorialization in 
an Army National Military Cemetery.
553.20 Prohibition of interment, inurnment, or memorialization in an 
Army National Military Cemetery of persons who have committed 
certain crimes.
553.21 Findings concerning the commission of certain crimes where a 
person has not been convicted due to death or flight to avoid 
prosecution.
553.22 Exceptions to policies for interment or inurnment at 
Arlington National Cemetery.
553.23 Placement of cremated remains at Army National Military 
Cemeteries.
553.24 Subsequently recovered remains.
553.25 Disinterments and disinurnments of remains.
553.26 Design of Government-furnished headstones, niche covers, and 
memorial markers.
553.27 Inscriptions on Government-furnished headstones, niche 
covers, and memorial markers.
553.28 Private headstones and markers.
553.29 Permission to construct private headstones and markers.
553.30 Inscriptions on private headstones and markers.
553.31 Memorial and commemorative monuments (other than private 
headstones or markers).
553.32 Conduct of memorial services and ceremonies.
553.33 Visitors rules for Army National Military Cemeteries.
553.34 Soliciting and vending.
553.35 Media.

    Authority: 10 U.S.C. 985, 1128, 1481, 1482, 3013, 4721-4726; 24 
U.S.C. 295a, 412; 38 U.S.C. 2402 note, 2409-2411, 2413; 40 U.S.C. 
9102.


Sec.  553.1  Definitions.

    As used in this part, the following terms have these meanings:
    Active duty. Full-time duty in the active military service of the 
United States.
    (1) This includes:
    (i) Active Reserve component duty performed pursuant to title 10, 
United States Code.
    (ii) Service as a cadet or midshipman currently on the rolls at the 
U.S. Military, U.S. Naval, U.S. Air Force, or U.S. Coast Guard 
Academies.
    (iii) Active duty for operational support.
    (2) This does not include:
    (i) Full-time duty performed under title 32, United States Code.
    (ii) Active duty for training, initial entry training, annual 
training duty, or inactive-duty training for members of the Reserve 
components.
    Active duty for operational support (formerly active duty for 
special work). A tour of active duty for Reserve personnel authorized 
from military or Reserve personnel appropriations for work on Active 
component or Reserve component programs. The purpose of active duty for 
operational support is to provide the necessary skilled manpower assets 
to support existing or emerging requirements and may include training.
    Active duty for training. A category of active duty used to provide 
structured individual and/or unit training, including on-the-job 
training, or educational courses to Reserve component members. Included 
in the active duty for training category are annual training, initial 
active duty for training, or any other training duty.
    Annual training. The minimum period of active duty for training 
that Reserve members must perform each year to satisfy the training 
requirements associated with their Reserve component assignment.
    Armed Forces. The U.S. Army, Navy, Marine Corps, Coast Guard, Air 
Force and their Reserve components.
    Army National Military Cemeteries. Arlington National Cemetery and 
the U.S. Soldiers' and Airmen's Home National Cemetery.
    Category 4, 5, or 5+ Posts. Category 4, 5, or 5+ posts, including 
the equivalent classifications as determined by the Department of State 
that were used prior to 2004 or may be used subsequently.
    Child, minor child, permanently dependent child, unmarried adult 
child.
    (1) Child.
    (i) Natural child of a primarily eligible person, born in wedlock;
    (ii) Natural child of a female primarily eligible person, born out 
of wedlock;
    (iii) Natural child of a male primarily eligible person, who was 
born out of wedlock and:
    (A) Has been acknowledged in a writing signed by the male primarily 
eligible person;
    (B) Has been judicially determined to be the male primarily 
eligible person's child;
    (C) Whom the male primarily eligible person has been judicially 
ordered to support; or
    (D) Has been otherwise proved, by evidence satisfactory to the 
Executive Director, to be the child of the male primarily eligible 
person
    (iv) Adopted child of a primarily eligible person; or
    (v) Stepchild who was part of the primarily eligible person's 
household at the time of death of the individual who is to be interred 
or inurned.
    (2) Minor child. A child of the primarily eligible person who
    (i) Is unmarried;
    (ii) Has no dependents; and
    (iii) Is under the age of twenty-one years, or is under the age of 
twenty-three years and is taking a full-time course of instruction at 
an educational institution which the U.S. Department of Education 
acknowledges as an accredited educational institution.
    (3) Permanently dependent child. A child of the primarily eligible 
person who
    (i) Is unmarried;
    (ii) Has no dependents; and
    (iii) Is permanently and fully dependent on one or both of the 
child's parents because of a physical or mental disability incurred 
before attaining the

[[Page 29234]]

age of twenty-one years or before the age of twenty-three years while 
taking a full-time course of instruction at an educational institution 
which the U.S. Department of Education acknowledges as an accredited 
educational institution.
    (4) Unmarried adult child. A child of the primarily eligible person 
who
    (i) Is unmarried;
    (ii) Has no dependents; and
    (iii) Has attained the age of twenty-one years.
    Close relative. The spouse, parents, adult brothers and sisters, 
adult natural children, adult stepchildren, and adult adopted children 
of a decedent.
    Commemorative monuments. Monuments or other structures or landscape 
features that serve to honor events in history, units of the Armed 
Forces, individuals, or groups of individuals that served in the Armed 
Forces, and that do not contain human remains or mark the location of 
remains in close proximity. The term does not include memorial markers 
erected pursuant to Sec.  553.16 of this part.
    Derivatively eligible person. Any person who is entitled to 
interment or inurnment solely based on his or her relationship to a 
primarily eligible person, as set forth in Sec. Sec.  553.12(b) and 
Sec.  553.13(b) respectively.
    Disinterment. The permanent removal of interred human remains from 
a particular gravesite.
    Disinurnment. The permanent removal of remains from a particular 
niche.
    Executive Director. The person statutorily charged with exercising 
authority, direction, and control over all aspects of Army National 
Military Cemeteries.
    Federal capital crime. An offense under Federal law for which a 
sentence of imprisonment for life or the death penalty may be imposed.
    Former prisoner of war. A person who is eligible for or has been 
awarded the Prisoner of War Medal.
    Former spouse. See spouse.
    Government. The U.S. government and its agencies and 
instrumentalities.
    Group burial. Interment in one gravesite of one or more service 
members on active duty killed in the same incident or location where:
    (i) The remains cannot be individually identified; or
    (ii) The person authorized to direct disposition of subsequently 
identified remains has authorized their interment with the other 
service members. Group remains may contain incidental remains of 
civilians and foreign nationals.
    Inactive-duty training.
    (i) Duty prescribed for members of the Reserve components by the 
Secretary concerned under 37 U.S.C. 206 or any other provision of law.
    (ii) Special additional duties authorized for members of the 
Reserve components by an authority designated by the Secretary 
concerned and performed by them on a voluntary basis in connection with 
the prescribed training or maintenance activities of the units to which 
they are assigned.
    (iii) In the case of a member of the Army National Guard or Air 
National Guard of any State, duty (other than full-time duty) under 32 
U.S.C. 316, 502, 503, 504 or 505 or the prior corresponding provisions 
of law.
    (iv) This term does not include:
    (A) Work or study performed in connection with correspondence 
courses,
    (B) Attendance at an educational institution in an inactive status, 
or
    (C) Duty performed as a temporary member of the Coast Guard 
Reserve.
    Interment. The ground burial of casketed or cremated human remains.
    Inurnment. The placement of cremated human remains in a niche.
    Media. Individuals and agencies that print, broadcast, or gather 
and transmit news, and their reporters, photographers, and employees.
    Memorial marker. A headstone used to memorialize a service member 
or veteran whose remains are unavailable for reasons listed in Sec.  
553.16 of this part.
    Memorial service or ceremony. Any activity intended to honor the 
memory of a person or persons interred, inurned, or memorialized in the 
Army National Military Cemeteries. This term includes private memorial 
services, public memorial services, public wreath laying ceremonies, 
and official ceremonies.
    Minor child. See child.
    Niche. An aboveground space constructed specifically for the 
placement of cremated human remains.
    Official ceremony. A memorial service or ceremony approved by the 
Executive Director in which the primary participants are 
representatives of the Government, a State government, a foreign 
government, or an international organization authorized by the U.S. 
Department of State to participate in an official capacity.
    Parent. A natural parent, a stepparent, a parent by adoption, or a 
person who for a period of not less than one year stood in loco 
parentis, or was granted legal custody by a court decree or statutory 
provision.
    Permanently dependent child. See child.
    Person authorized to direct disposition. The person primarily 
entitled to direct disposition of human remains and who elects to 
exercise that entitlement. Determination of such entitlement shall be 
made in accordance with applicable law and regulations.
    Personal representative. A person who has legal authority to act on 
behalf of another through applicable law, order, and regulation.
    Primarily eligible person. Any person who is entitled to interment 
or inurnment based on his or her service as specified in Sec.  
553.12(a) and Sec.  553.13(a) respectively.
    Primary next of kin. In the absence of a valid written document 
from the decedent identifying the primary next of kin, the order of 
precedence for designating a decedent's primary next of kin is as 
follows:
    (1) Spouse, even if a minor;
    (2) Children;
    (3) Parents;
    (4) Siblings, to include half-blood and those acquired through 
adoption;
    (5) Grandparents;
    (6) Other next of kin, in order of relationship to the decedent as 
determined by the laws of the decedent's state of domicile.
    Absent a court order or written document from the deceased, the 
precedence of next of kin with equal relationships to the decedent is 
governed by seniority (age), older having higher priority than younger. 
Equal relationship situations include those involving divorced parents 
of the decedent, children of the decedent, and siblings of the 
decedent.
    Private headstones or markers. A headstone or individual memorial 
marker provided at private expense, in lieu of a headstone or 
individual memorial marker furnished by the Government.
    Private memorial service. A memorial service or ceremony conducted 
at the decedent's gravesite, memorial headstone, or niche.
    Public memorial service. A ceremony conducted by members of the 
public at a historic site in an Army National Military Cemetery.
    Public wreath-laying ceremony. A ceremony in which members of the 
public, assisted by the Tomb Guards, present a wreath or similar 
memento at the Tomb of the Unknown Soldier.
    Reserve component. The Army Reserve, the Navy Reserve, the Marine 
Corps Reserve, the Air Force Reserve, the Coast Guard Reserve, the Army 
National Guard of the United States, and the Air National Guard of the 
United States.
    Spouse, former spouse, subsequently remarried spouse.
    (1) Spouse. A person who is legally married to another person.
    (2) Former spouse. A person who was legally married to another 
person at one

[[Page 29235]]

time but was not legally married to that person at the time of one of 
their deaths.
    (3) Subsequently remarried spouse. A derivatively eligible spouse 
who was married to the primarily eligible person at the time of the 
primarily eligible person's death and who subsequently remarried 
another person.
    State capital crime. Under State law, the willful, deliberate, or 
premeditated unlawful killing of another human being for which a 
sentence of imprisonment for life or the death penalty may be imposed.
    Subsequently recovered remains. Additional remains belonging to the 
decedent that are recovered or identified after the decedent's 
interment or inurnment.
    Subsequently remarried spouse. See spouse.
    Unmarried adult child. See child.
    Veteran. A person who served in the U.S. Armed Forces and who was 
discharged or released under honorable conditions.


Sec.  553.2  Purpose.

    This part specifies the authorities and assigns the 
responsibilities for the development, operation, maintenance, and 
administration of the Army National Military Cemeteries.


Sec.  553.3  Statutory authorities.

    (a) Historical. Act of July 17, 1862, Sec. 18, 12 Stat. 594, 596; 
Act of February 22, 1867, Ch. 61, 14 Stat. 399; and the National 
Cemeteries Act of 1973, Public Law 93-43, 87 Stat. 75 (1973). The 
National Cemeteries Act established the National Cemetery System, which 
primarily consists of national cemeteries transferred from the 
management authority of the Department of the Army to the (now) 
Department of Veterans Affairs. Section 6(a) of the Act exempted 
Arlington National Cemetery and the Soldiers' and Airmen's Home 
National Cemetery from transfer to the National Cemetery System, 
leaving them under the management authority of the Secretary of the 
Army.
    (b) Current. Pursuant to 10 U.S.C. 4721(a), the Secretary of the 
Army shall develop, operate, manage, oversee, and fund the Army 
National Military Cemeteries. Section 4721(c) provides that the Army 
National Military Cemeteries are under the jurisdiction of 
Headquarters, Department of the Army, and 10 U.S.C. 4721(d) provides 
that the Secretary of the Army shall prescribe such regulations and 
policies as may be necessary to administer the Army National Military 
Cemeteries. The responsibilities of Headquarters, Department of the 
Army with regard to the Army National Military Cemeteries are 
enumerated in 10 U.S.C. 4721-4726 and Army General Orders 2014-74 and 
2014-75.


Sec.  553.4  Scope and applicability.

    (a) Scope. The development, maintenance, administration, and 
operation of the Army National Military Cemeteries are governed by this 
part, Army Regulation 290-5, and Department of the Army Pamphlet 290-5. 
The development, maintenance, administration, and operation of Army 
post cemeteries are not covered by this part.
    (b) Applicability. This part is applicable to all persons on, 
engaging in business with, or seeking access to or benefits from the 
Army National Military Cemeteries, unless otherwise specified.


Sec.  553.5  Maintaining order.

    The Executive Director may order the removal from, and bar the re-
entry onto, Army National Military Cemeteries of any person who acts in 
violation of any law or regulation, including but not limited to 
demonstrations and disturbances as outlined in 38 U.S.C. 2413, and in 
this part. This authority may not be re-delegated.


Sec.  553.6  Standards for managing Army National Military Cemeteries.

    (a) The Executive Director is responsible for establishing and 
maintaining cemetery layout plans, including plans setting forth 
sections with gravesites, memorial areas with markers, and columbaria 
with niches, and landscape planting plans.
    (b) New sections or areas may be opened and prepared for interments 
or for installing memorial markers only with the approval of the 
Executive Director.


Sec.  553.7  Arlington Memorial Amphitheater.

    (a) In accordance with 24 U.S.C. 295a:
    (1) No memorial may be erected and no remains may be entombed in 
the Arlington Memorial Amphitheater unless specifically authorized by 
Congress; and
    (2) The character, design, or location of any memorial authorized 
by Congress for placement in the Amphitheater is subject to the 
approval of the Secretary of Defense or his or her designee.
    (b) The Secretary of Defense or his or her designee will seek the 
advice of the Commission of Fine Arts in such matters, in accordance 
with 40 U.S.C. 9102.
    (c) Tributes offered for those interred in the Tomb of the Unknown 
Soldier for placement in the Arlington Memorial Amphitheater display 
room are not memorials for purposes of this section.


Sec.  553.8  Permission to install utilities.

    (a) The installation of utilities in Army National Military 
Cemeteries, including but not limited to, telephone and fiber optic 
lines, electric lines, natural gas lines, water pipes, storm drains, 
and sanitary sewers, must be authorized by the Executive Director.
    (b) Requests for licenses, permits, or easements to install water, 
gas, or sewer lines, or other utilities or equipment on or across an 
Army National Military Cemetery or an approach road in which the 
Government has a right-of-way, fee simple title, or other interest, 
must be sent to the Executive Director, who will process the request in 
accordance with Army policy. Requests must include a complete 
description of the type of license, permit, or easement desired and a 
map showing the location of the project.


Sec.  553.9  Assignment of gravesites or niches.

    (a) All eligible persons will be assigned gravesites or niches 
without discrimination as to race, color, sex, religion, age, or 
national origin and without preference to military grade or rank.
    (b) The Army National Military Cemeteries will enforce a one-
gravesite-per-family policy. Once the initial interment or inurnment is 
made in a gravesite or niche, each additional interment or inurnment of 
eligible persons must be made in the same gravesite or niche, except as 
noted in paragraph (f) of this section. This includes multiple 
primarily eligible persons if they are married to each other.
    (c) In accordance with 38 U.S.C. 2410A(a)(2) the Secretary of the 
Army may waive the prohibition in paragraph (b) of this section as the 
Secretary of the Army deems appropriate.
    (d) A gravesite reservation will be honored if it meets the 
following requirements, unless it is cancelled by the Executive 
Director:
    (1) The gravesite was properly reserved by law before January 1, 
1962, and
    (2) An eligible person was interred in the reserved gravesite prior 
to January 1, 2017.
    (e) The Executive Director may cancel a gravesite reservation:
    (1) Upon determination that a derivatively eligible spouse has 
remarried;
    (2) Upon determination that the reservee's remains have been buried 
elsewhere or otherwise disposed of;

[[Page 29236]]

    (3) Upon determination that the reservee desires to or will be 
interred in the same gravesite with the predeceased, and doing so is 
feasible; or
    (4) Upon determination that the reservee would be 120 years of age 
and there is no record of correspondence with the reservee within the 
last two decades.
    (f) In cases of reservations meeting the requirements of 38 U.S.C 
2410A note, where more than one gravesite was reserved (on the basis of 
the veteran's eligibility at the time the reservation was made) and no 
interment has yet been made in any of the sites, the one-gravesite-per-
family policy will be enforced, unless waived by the Executive 
Director. Gravesite reservations will be honored only if the decedents 
meet the eligibility criteria for interment in Arlington National 
Cemetery that is in effect at the time of need, and the reserved 
gravesite is available.
    (g) Where a primarily eligible person has been or will be interred 
as part of a group burial or has been or will be memorialized in a 
memorial area at Arlington National Cemetery, the Executive Director 
will assign a gravesite or niche for interment or inurnment of a 
derivatively eligible person.
    (h) Gravesites or niches shall not be reserved or assigned prior to 
the time of need.
    (i) The selection of gravesites and niches is the responsibility of 
the Executive Director. The selection of specific gravesites or niches 
by the family or other representatives of the deceased at any time is 
prohibited.


Sec.  553.10  Proof of eligibility.

    (a) The personal representative or primary next of kin is 
responsible for providing appropriate documentation to verify the 
decedent's eligibility for interment or inurnment.
    (b) The personal representative or primary next of kin must certify 
in writing that the decedent is not prohibited from interment, 
inurnment, or memorialization under Sec.  553.20 of this part because 
he or she has committed or been convicted of a Federal or State capital 
crime or is a convicted Tier III sex offender as defined in 38 U.S.C 
Sec.  2411.
    (c) For service members who die on active duty, a statement of 
honorable service from a general court martial convening authority is 
required. If the certificate of honorable service cannot be granted, 
the service member is ineligible for interment, inurnment, and 
memorialization pursuant to Sec.  553.19(i) of this part.
    (d) When applicable, the following documents are required:
    (1) Death certificate;
    (2) Proof of eligibility as required by subsections (e) through (g) 
of this section;
    (3) Any additional documentation to establish the decedent's 
eligibility (e.g., marriage certificate, birth certificate, waivers, 
statements that the decedent had no children);
    (4) Burial agreement;
    (5) Notarized statement that the remains are unavailable for the 
reasons set forth in Sec.  553.16 of this part; and
    (6) A certificate of cremation or notarized statement attesting to 
the authenticity of the cremated human remains and that 100% of the 
cremated remains received from the crematorium are present. The 
Executive Director may, however, allow a portion of the cremated 
remains to be removed by the crematorium for the sole purpose of 
producing commemorative items.
    (7) Any other document as required by the Executive Director.
    (e) The following documents may be used to establish the 
eligibility of a primarily eligible person:
    (1) DD Form 214, Certificate of Release or Discharge from Active 
Duty;
    (2) WD AGO 53 or 53-55, Enlisted Record and Report of Separation 
Honorable Discharge;
    (3) WD AGO 53-98, Military Record and Report of Separation 
Certificate of Service;
    (4) NAVPERS-553, Notice of Separation from U.S. Naval Service;
    (5) NAVMC 70-PD, Honorable Discharge, U.S. Marine Corps; or;
    (6) DD Form 1300, Report of Casualty (required in the case of death 
of an active duty service member).
    (f) In addition to the documents otherwise required by this 
section, a request for interment or inurnment of a subsequently 
remarried spouse must be accompanied by:
    (1) A notarized statement from the new spouse of the subsequently 
remarried spouse agreeing to the interment or inurnment and 
relinquishing any claim for interment or inurnment in the same 
gravesite or niche.
    (2) Notarized statement(s) from all of the children from the prior 
marriage agreeing to the interment or inurnment of their parents in the 
same gravesite or niche.
    (g) In addition to the documents otherwise required by this 
section, a request for interment or inurnment of a permanently 
dependent child must be accompanied by:
    (1) A notarized statement as to the marital status and degree of 
dependency of the decedent from an individual with direct knowledge; 
and
    (2) A physician's statement regarding the nature and duration of 
the physical or mental disability; and
    (3) A statement from someone with direct knowledge demonstrating 
the following factors:
    (i) The deceased lived most of his or her adult life with one or 
both parents, one or both of whom are otherwise eligible for interment;
    (ii) The decedent's children, siblings, or other family members, 
other than the eligible parent, waive any derivative claim to be 
interred at Arlington National Cemetery, in accordance with the 
Arlington National Cemetery Burial Agreement.
    (h) Veterans or primary next of kin of deceased veterans may obtain 
copies of their military records by writing to the National Personnel 
Records Center, Attention: Military Personnel Records, 9700 Page 
Avenue, St. Louis, Missouri 63132 or using their Web site. All others 
may request a record by completing and submitting Standard Form 180.
    (i) The burden of proving eligibility lies with the party who 
requests the burial. The Executive Director will determine whether the 
submitted evidence is sufficient to support a finding of eligibility.


Sec.  553.11  General rules governing eligibility for interment, 
inurnment, and memorialization at Arlington National Cemetery.

    (a) Only those persons who meet the criteria of Sec.  553.12 of 
this part or are granted an exception to policy pursuant to Sec.  
553.22 of this part may be interred in Arlington National Cemetery. 
Only those persons who meet the criteria of Sec.  553.13 of this part 
or are granted an exception to policy pursuant to Sec.  553.22 of this 
part may be inurned in Arlington National Cemetery. Only those persons 
who meet the criteria of Sec.  553.14 may be interred in the Arlington 
National Cemetery Unmarked Area. Only those persons who meet the 
criteria of Sec.  553.15 may be interred in an Arlington National 
Cemetery group burial. Only those persons who meet the criteria of 
Sec.  553.16 may be memorialized in Arlington National Cemetery.
    (b) Derivative eligibility for interment or inurnment may be 
established only through a decedent's connection to a primarily 
eligible person and not to another derivatively eligible person.
    (c) No veteran is eligible for interment, inurnment, or 
memorialization in Arlington National Cemetery unless the veteran's 
last period of active duty ended with an honorable discharge. A general

[[Page 29237]]

discharge under honorable conditions is not sufficient for interment, 
inurnment or memorialization in Arlington National Cemetery.
    (d) For purposes of determining whether a service member has 
received an honorable discharge, final determinations regarding 
discharges made in accordance with procedures established by chapter 79 
of title 10, United States Code, will be considered authoritative.
    (e) The Secretary of the Army has the authority to act on requests 
for exceptions to the provisions of the interment, inurnment, and 
memorialization eligibility policies contained in this part. The 
Secretary of the Army may delegate this authority to the Executive 
Director on such terms deemed appropriate.
    (f) Individuals who do not qualify as a primarily eligible person 
or a derivatively eligible person, but who are granted an exception to 
policy to be interred or inurned pursuant to Sec.  553.22 of this part 
in a new gravesite or niche, will be treated as a primarily eligible 
person for purposes of this part.
    (g) Notwithstanding any other section in this part, memorialization 
with an individual memorial marker, interment, or inurnment in the Army 
National Military Cemeteries is prohibited if there is a gravesite, 
niche, or individual memorial marker for the decedent in any other 
Government-operated cemetery or the Government has provided an 
individual grave marker, individual memorial marker or niche cover for 
placement in a private cemetery.


Sec.  553.12  Eligibility for interment in Arlington National Cemetery.

    Only those who qualify as a primarily eligible person or a 
derivatively eligible person are eligible for interment in Arlington 
National Cemetery, unless otherwise prohibited as provided for in 
Sec. Sec.  553.19-20 of this part, provided that the last period of 
active duty of the service member or veteran ended with an honorable 
discharge.
    (a) Primarily eligible persons. The following are primarily 
eligible persons for purposes of interment:
    (1) Any service member who dies on active duty in the U.S. Armed 
Forces (except those service members serving on active duty for 
training only), if the General Courts Martial Convening Authority 
grants a certificate of honorable service.
    (2) Any veteran retired from a Reserve component who served a 
period of active duty (other than for training), is carried on the 
official retired list, and is entitled to receive military retired pay.
    (3) Any veteran retired from active military service and entitled 
to receive military retired pay.
    (4) Any veteran who received an honorable discharge from the Armed 
Forces prior to October 1, 1949, who was discharged for a permanent 
physical disability, who served on active duty (other than for 
training), and who would have been eligible for retirement under the 
provisions of 10 U.S.C. 1201 had the statute been in effect on the date 
of separation.
    (5) Any veteran awarded one of the following decorations:
    (i) Medal of Honor;
    (ii) Distinguished Service Cross, Air Force Cross, or Navy Cross;
    (iii) Distinguished Service Medal;
    (iv) Silver Star; or
    (v) Purple Heart.
    (6) Any veteran who served on active duty (other than active duty 
for training) and who held any of the following positions:
    (i) President or Vice President of the United States;
    (ii) Elected member of the U.S. Congress;
    (iii) Chief Justice of the Supreme Court of the United States or 
Associate Justice of the Supreme Court of the United States;
    (iv) A position listed, at the time the person held the position, 
in 5 U.S.C. 5312 or 5313 (Levels I and II of the Executive Schedule); 
or
    (v) Chief of Mission of a Category 4, 5, or 5+ post if the 
Department of State classified that post as a Category 4, 5, or 5+ post 
during the person's tenure as Chief of Mission.
    (7) Any former prisoner of war who, while a prisoner of war, served 
honorably in the active military service, and who died on or after 
November 30, 1993.
    (b) Derivatively eligible persons. The following individuals are 
derivatively eligible persons for purposes of interment who may be 
interred if space is available in the gravesite of the primarily 
eligible person:
    (1) The spouse of a primarily eligible person who is or will be 
interred in Arlington National Cemetery. A former spouse of a primarily 
eligible person is not eligible for interment in Arlington National 
Cemetery under this paragraph.
    (2) The spouse of an active duty service member or an eligible 
veteran, who was:
    (i) Lost or buried at sea, temporarily interred overseas due to 
action by the Government, or officially determined to be missing in 
action;
    (ii) Buried in a U.S. military cemetery maintained by the American 
Battle Monuments Commission; or
    (iii) Interred in Arlington National Cemetery as part of a group 
burial (the derivatively eligible spouse may not be buried in the group 
burial gravesite).
    (3) The parents of a minor child or a permanently dependent adult 
child, whose remains were interred in Arlington National Cemetery based 
on the eligibility of a parent at the time of the child's death, unless 
eligibility of the non-service connected parent is lost through divorce 
from the primarily eligible parent.
    (4) An honorably discharged veteran who does not qualify as a 
primarily eligible person, if the veteran will be buried in the same 
gravesite as an already interred primarily eligible person who is a 
close relative, where the interment meets the following conditions:
    (i) The veteran is without minor or unmarried adult dependent 
children;
    (ii) The veteran will not occupy space reserved for the spouse, a 
minor child, or a permanently dependent adult child;
    (iii) All other close relatives of the primarily eligible person 
concur with the interment of the veteran with the primarily eligible 
person by signing a notarized statement;
    (iv) The veteran's spouse waives any entitlement to interment in 
Arlington National Cemetery, where such entitlement might be based on 
the veteran's interment in Arlington National Cemetery. The Executive 
Director may set aside the spouse's waiver, provided space is available 
in the same gravesite, and all close relatives of the primarily 
eligible person concur;
    (v) Any cost of moving, recasketing, or revaulting the remains will 
be paid from private funds; and


Sec.  553.13  Eligibility for inurnment in Arlington National Cemetery 
Columbarium.

    The following persons are eligible for inurnment in the Arlington 
National Cemetery Columbarium, unless otherwise prohibited as provided 
for in Sec. Sec.  553.19-20, provided that the last period of active 
duty of the service member or veteran ended with an honorable 
discharge.
    (a) Primarily eligible persons. The following are primarily 
eligible persons for purposes of inurnment:
    (1) Any person eligible for interment in Arlington National 
Cemetery, as provided for in Sec.  553.12(a).
    (2) Any veteran who served on active duty other than active duty 
for training.
    (3) Any member of a Reserve component of the Armed Forces who dies 
while:
    (i) On active duty for training or performing full-time duty under 
title 32, United States Code;

[[Page 29238]]

    (ii) Performing authorized travel to or from such active duty for 
training or full-time duty;
    (iii) On authorized inactive-duty training, including training 
performed as a member of the Army National Guard of the United States 
or the Air National Guard of the United States; or
    (iv) Hospitalized or receiving treatment at the expense of the 
Government for an injury or disease incurred or contracted while on 
such active duty for training or full-time duty, traveling to or from 
such active duty for training or full-time duty, or on inactive-duty 
training.
    (4) Any member of the Reserve Officers' Training Corps of the 
United States, Army, Navy, or Air Force, whose death occurs while:
    (i) Attending an authorized training camp or cruise;
    (ii) Performing authorized travel to or from that camp or cruise; 
or
    (iii) Hospitalized or receiving treatment at the expense of the 
Government for injury or disease incurred or contracted while attending 
such camp or cruise or while traveling to or from such camp or cruise.
    (5) Any citizen of the United States who, during any war in which 
the United States has been or may hereafter be engaged, served in the 
armed forces of any government allied with the United States during 
that war, whose last service ended honorably by death or otherwise, and 
who was a citizen of the United States at the time of entry into that 
service and at the time of death.
    (6) Commissioned officers, United States Coast and Geodetic Survey 
(now National Oceanic and Atmospheric Administration) who die during or 
subsequent to the service specified in the following categories and 
whose last service terminated honorably:
    (i) Assignment to areas of immediate military hazard.
    (ii) Served in the Philippine Islands on December 7, 1941.
    (iii) Transferred to the Department of the Army or the Department 
of the Navy under certain statutes.
    (7) Any commissioned officer of the United States Public Health 
Service who served on full-time duty on or after July 29, 1945, if the 
service falls within the meaning of active duty for training as defined 
in 38 U.S.C. 101(22) or inactive duty training as defined in 38 U.S.C. 
101(23) and whose death resulted from a disease or injury incurred or 
aggravated in line of duty. Also, any commissioned officer of the 
Regular or Reserve Corps of the Public Health Service who performed 
active service prior to July 29, 1945 in time of war; on detail for 
duty with the Armed Forces; or while the service was part of the 
military forces of the United States pursuant to Executive order of the 
President.
    (b) Derivatively eligible persons. Those connected to an individual 
described in paragraph (a) of this section through a relationship 
described in Sec.  553.12(b). Such individuals may be inurned if space 
is available in the primarily eligible person's niche.


Sec.  553.14  Eligibility for interment of cremated remains in the 
Arlington National Cemetery Unmarked Area.

    (a) The cremated remains of any person eligible for interment in 
Arlington National Cemetery as described in Sec.  553.12 may be 
interred in the designated Arlington National Cemetery Unmarked Area.
    (b) Cremated remains must be interred in a biodegradable container 
or placed directly into the ground without a container. Cremated 
remains are not authorized to be scattered at this site or at any 
location within Arlington National Cemetery.
    (c) There will be no headstone or marker for any person choosing 
this method of interment. A permanent register will be maintained by 
the Executive Director.
    (d) Consistent with the one-gravesite-per-family policy, once a 
person is interred in the Unmarked Area, any derivatively eligible 
persons and spouses must be interred in this manner. This includes 
spouses who are also primarily eligible persons. No additional 
gravesite, niche, or memorial marker in a memorial area will be 
authorized.


Sec.  553.15  Eligibility for group burial in Arlington National 
Cemetery.

    (a) The Executive Director may authorize a group burial in 
Arlington National Cemetery whenever several people, at least one of 
whom is an active duty service member, die during a military-related 
activity and not all remains can be individually identified.
    (b) Before authorizing a group burial that includes both United 
States and foreign decedents, the Executive Director will notify the 
Department of State and request that the Department of State notify the 
appropriate foreign embassy.


Sec.  553.16  Eligibility for memorialization in an Arlington National 
Cemetery memorial area.

    (a) With the authority granted by 38 U.S.C. 2409, a memorial marker 
may be placed in an Arlington National Cemetery memorial area to honor 
the memory of service members or veterans, who are eligible for 
interment under Sec.  553.12(a) and:
    (1) Who are missing in action;
    (2) Whose remains have not been recovered or identified;
    (3) Whose remains were buried at sea, whether by the member's or 
veteran's own choice or otherwise;
    (4) Whose remains were donated to science; or
    (5) Whose remains were cremated and the cremated remains were 
scattered without interment or inurnment of any portion of those 
remains.
    (b) When the remains of a primarily eligible person are unavailable 
for one of the reasons listed in paragraph (a) of this section, and a 
derivatively eligible person who predeceased the primarily eligible 
person is already interred or inurned in Arlington National Cemetery, 
the primarily eligible person may be memorialized only on the existing 
headstone or on a replacement headstone, ordered with a new 
inscription. Consistent with the one-gravesite-per-family policy, a 
separate marker in a memorial area is not authorized.
    (c) When a memorial marker for a primarily eligible person is 
already in place in a memorial area, and a derivatively eligible person 
is subsequently interred or inurned in Arlington National Cemetery, an 
inscription memorializing the primarily eligible person will be placed 
on the new headstone or niche cover. Consistent with the one-gravesite-
per-family policy, the memorial marker will then be removed from the 
memorial area.


Sec.  553.17  Arlington National Cemetery interment/inurnment 
agreement.

    (a) A derivatively eligible person who predeceases the primarily 
eligible person may be interred or inurned in Arlington National 
Cemetery only if the primarily eligible person agrees in writing to be 
interred in the same gravesite or inurned in the same niche at his or 
her time of need and that his or her estate shall pay for all expenses 
related to disinterment or disinurnment of the predeceased person from 
Arlington National Cemetery if the primarily eligible person is not 
interred or inurned as agreed.
    (b) If the primarily eligible person becomes ineligible for 
interment or inurnment in Arlington National Cemetery or the personal 
representative or primary next of kin decides that the primarily 
eligible person will be interred or inurned elsewhere, the remains of 
any predeceased person may be removed from Arlington National Cemetery 
at no cost to the Government.

[[Page 29239]]

Sec.  553.18  Eligibility for burial in U.S. Soldiers' and Airmen's 
Home National Cemetery.

    Only the residents of the Armed Forces Retirement Home are eligible 
for interment in the U.S. Soldiers' and Airmen's Home National 
Cemetery. Resident eligibility criteria for the Armed Forces Retirement 
Home is provided for at 24 U.S.C. 412.


Sec.  553.19  Ineligibility for interment, inurnment, or 
memorialization in an Army National Military Cemetery.

    The following persons are not eligible for interment, inurnment, or 
memorialization in an Army National Military Cemetery:
    (a) A father, mother, brother, sister, or in-law solely on the 
basis of his or her relationship to a primarily eligible person, even 
though the individual is:
    (1) Dependent on the primarily eligible person for support; or
    (2) A member of the primarily eligible person's household.
    (b) A person whose last period of service was not characterized as 
an honorable discharge (e.g., a separation or discharge under general 
but honorable conditions, other than honorable conditions, a bad 
conduct discharge, a dishonorable discharge, or a dismissal), 
regardless of whether the person:
    (1) Received any other veterans' benefits; or
    (2) Was treated at a Department of Veterans Affairs hospital or 
died in such a hospital.
    (c) A person who has volunteered for service with the U.S. Armed 
Forces, but has not yet entered on active duty.
    (d) A former spouse whose marriage to the primarily eligible person 
ended in divorce.
    (e) A spouse who predeceases the primarily eligible person and is 
interred or inurned in a location other than Arlington National 
Cemetery, and the primarily eligible person remarries.
    (f) A divorced spouse of a primarily eligible person.
    (g) Otherwise derivatively eligible persons, such as a spouse or 
minor child, if the primarily eligible person was not or will not be 
interred or inurned at Arlington National Cemetery.
    (h) A service member who dies while on active duty, if the first 
General Courts Martial Convening Authority in the service member's 
chain of command determines that there is clear and convincing evidence 
that the service member engaged in conduct that would have resulted in 
a separation or discharge not characterized as an honorable discharge 
(e.g., a separation or discharge under general but honorable 
conditions, other than honorable conditions, a bad conduct discharge, a 
dishonorable discharge, or a dismissal) being imposed, but for the 
death of the service member.
    (i) Animal remains. If animal remains are unintentionally 
commingled with human remains due to a natural disaster, unforeseen 
accident, act of war or terrorism, violent explosion, or similar 
incident, and such remains cannot be separated from the remains of an 
eligible person, then the remains may be interred or inurned with the 
eligible person, but the identity of the animal remains shall not be 
inscribed or identified on a niche, marker, headstone, or otherwise.


Sec.  553.20  Prohibition of interment, inurnment, or memorialization 
in an Army National Military Cemetery of persons who have committed 
certain crimes.

    (a) Prohibition. Notwithstanding Sec. Sec.  553.12-16, 553.18, and 
553.22, pursuant to 10 U.S.C. 985 and 38 U.S.C. 2411, the interment, 
inurnment, or memorialization in an Army National Military Cemetery of 
any of the following persons is prohibited:
    (1) Any person identified in writing to the Executive Director by 
the Attorney General of the United States, prior to his or her 
interment, inurnment, or memorialization, as a person who has been 
convicted of a Federal capital crime and whose conviction is final 
(other than a person whose sentence was commuted by the President).
    (2) Any person identified in writing to the Executive Director by 
an appropriate State official, prior to his or her interment, 
inurnment, or memorialization, as a person who has been convicted of a 
State capital crime and whose conviction is final (other than a person 
whose sentence was commuted by the Governor of the State).
    (3) Any person found under procedures specified in Sec.  553.21 of 
this part to have committed a Federal or State capital crime but who 
has not been convicted of such crime by reason of such person not being 
available for trial due to death or flight to avoid prosecution. Notice 
from officials is not required for this prohibition to apply.
    (4) Any person identified in writing to the Executive Director by 
the Attorney General of the United States or by an appropriate State 
official, prior to his or her interment, inurnment, or memorialization, 
as a person who has been convicted of a Federal or State crime causing 
the person to be a Tier III sex offender for purposes of the Sex 
Offender Registration and Notification Act, who for such crime is 
sentenced to a minimum of life imprisonment and whose conviction is 
final (other than a person whose sentence was commuted by the President 
or the Governor of a State, as the case may be).
    (b) Notice. The Executive Director is designated as the Secretary 
of the Army's representative authorized to receive from the appropriate 
Federal or State officials notification of conviction of capital crimes 
referred to in this section.
    (c) Confirmation of person's eligibility.
    (1) If notice has not been received, but the Executive Director has 
reason to believe that the person may have been convicted of a Federal 
capital crime or a State capital crime, the Executive Director shall 
seek written confirmation from:
    (i) The Attorney General of the United States, with respect to a 
suspected Federal capital crime; or
    (ii) An appropriate State official, with respect to a suspected 
State capital crime.
    (2) The Executive Director will defer the decision on whether to 
inter, inurn, or memorialize a decedent until a written response is 
received.


Sec.  553.21  Findings concerning the commission of certain crimes 
where a person has not been convicted due to death or flight to avoid 
prosecution.

    (a) Preliminary Inquiry. If the Executive Director has reason to 
believe that a decedent may have committed a Federal capital crime or a 
State capital crime but has not been convicted of such crime by reason 
of such person not being available for trial due to death or flight to 
avoid prosecution, the Executive Director shall submit the issue to the 
Army General Counsel. The Army General Counsel or his or her designee 
shall initiate a preliminary inquiry seeking information from Federal, 
State, or local law enforcement officials, or other sources of 
potentially relevant information.
    (b) Decision after Preliminary Inquiry. If, after conducting the 
preliminary inquiry described in paragraph (a), the Army General 
Counsel or designee determines that credible evidence exists suggesting 
the decedent may have committed a Federal capital crime or State 
capital crime, then further proceedings under this section are 
warranted to determine whether the decedent committed such crime. 
Consequently the Army General Counsel or his or her designee shall 
present the personal representative with a written notification of such 
preliminary determination and a dated, written notice of the personal 
representative's procedural options.

[[Page 29240]]

    (c) Notice and Procedural Options. The notice of procedural options 
shall indicate that, within fifteen days, the personal representative 
may:
    (1) Request a hearing;
    (2) Withdraw the request for interment, inurnment, or 
memorialization; or
    (3) Do nothing, in which case the request for interment, inurnment, 
or memorialization will be considered to have been withdrawn.
    (d) Time computation. The fifteen-day time period begins on the 
calendar day immediately following the earlier of the day the notice of 
procedural options is delivered in person to the personal 
representative or is sent by U.S. registered mail or, if available, by 
electronic means to the personal representative. It ends at midnight on 
the fifteenth day. The period includes weekends and holidays.
    (e) Hearing. The purpose of the hearing is to allow the personal 
representative to present additional information regarding whether the 
decedent committed a Federal capital crime or a State capital crime. In 
lieu of making a personal appearance at the hearing, the personal 
representative may submit relevant documents for consideration.
    (1) If a hearing is requested, the Army General Counsel or his or 
her designee shall conduct the hearing.
    (2) The hearing shall be conducted in an informal manner.
    (3) The rules of evidence shall not apply.
    (4) The personal representative and witnesses may appear, at no 
expense to the Government, and shall, in the discretion of the Army 
General Counsel or his or her designee, testify under oath. Oaths must 
be administered by a person who possesses the legal authority to 
administer oaths.
    (5) The Army General Counsel or designee shall consider any and all 
relevant information obtained.
    (6) The hearing shall be appropriately recorded. Upon request, a 
copy of the record shall be provided to the personal representative.
    (f) Final Determination. After considering the opinion of the Army 
General Counsel or his or her designee, and any additional information 
submitted by the personal representative, the Secretary of the Army or 
his or her designee shall determine the decedent's eligibility for 
interment, inurnment, or memorialization. This determination is final 
and not appealable.
    (1) The determination shall be based on evidence that supports or 
undermines a conclusion that the decedent's actions satisfied the 
elements of the crime as established by the law of the jurisdiction in 
which the decedent would have been prosecuted.
    (2) If an affirmative defense is offered by the decedent's personal 
representative, a determination as to whether the defense was met shall 
be made according to the law of the jurisdiction in which the decedent 
would have been prosecuted.
    (3) Mitigating evidence shall not be considered.
    (4) The opinion of the local, State, or Federal prosecutor as to 
whether he or she would have brought charges against the decedent had 
the decedent been available is relevant but not binding and shall be 
given no more weight than other facts presented.
    (g) Notice of Decision. The Executive Director shall provide 
written notification of the Secretary's decision to the personal 
representative.


Sec.  553.22  Exceptions to policies for interment, inurnment, or 
memorialization at Arlington National Cemetery.

    (a) As a national military cemetery, eligibility standards for 
interment, inurnment, or memorialization are based on honorable 
military service. Exceptions to the eligibility standards for new 
graves are rarely granted. When granted, exceptions are for those 
persons who have made significant contributions that directly and 
substantially benefited the U.S. military.
    (b) Requests for an exception to the interment or inurnment 
eligibility policies shall be considered only after the individual's 
death.
    (c) Requests for an exception to the interment or inurnment 
eligibility policies shall be submitted to the Executive Director and 
shall include any documents required by the Executive Director.
    (d) The primary next of kin is responsible for providing and 
certifying the authenticity of all documents and swearing to the 
accuracy of the accounting provided to support the request for 
exception to the interment or inurnment eligibility policies.
    (e) Disapproved requests will be reconsidered only when the 
personal representative or next of kin submits new and substantive 
information not previously considered by the Secretary of the Army. 
Requests for reconsideration shall be submitted directly to the 
Executive Director. Requests for reconsideration not supported by new 
and substantive information will be denied by the Executive Director 
after review and advice from the Army General Counsel or his or her 
designee. The Executive Director shall notify the personal 
representative or next of kin of the decision of the reconsideration. 
The decision by the Army General Counsel or the Secretary of the Army, 
as the case may be, is final and not appealable.
    (f) Under no circumstances, will exceptions to policies be 
considered or granted for those individuals prohibited from interment 
by virtue of Sec.  553.20 or Sec.  553.21 above.


Sec.  553.23  Placement of cremated remains at Army National Military 
Cemeteries.

    All cremated remains shall be interred or inurned. The scattering 
of cremated remains and the burial of symbolic containers are 
prohibited in Army National Military Cemeteries.


Sec.  553.24  Subsequently recovered remains.

    Subsequently recovered identified remains of a decedent shall be 
reunited in one gravesite or urn, or as part of a group burial either 
in an Army National Military Cemetery or other cemetery. Subsequently 
recovered identified remains may also be interred in the Arlington 
National Cemetery Tomb of Remembrance.


Sec.  553.25  Disinterments and disinurnments of remains.

    (a) Interments and inurnments in Army National Military Cemeteries 
are considered permanent.
    (b) Requests for disinterment or disinurnment of individually 
buried or inurned remains are considered requests for exceptions to 
this policy, and must be addressed to the Executive Director for 
decision. The request must include:
    (1) A full statement of the reasons for the disinterment or 
disinurnment of the remains from the personal representative or primary 
next of kin who directed the original interment or inurnment if still 
living, or if not, the current personal representative or primary next 
of kin;
    (2) A notarized statement from each living close relative of the 
decedent that he or she does not object to the proposed disinterment or 
disinurnment; and
    (3) A notarized statement by a person who has personal knowledge of 
the decedent's relatives stating that the persons giving statements 
comprise all of the decedent's living close relatives.
    (4) An appropriate funding source for the disinterment or 
disinurnment, as disinterments and disinurnments of individually buried 
or inurned remains must be accomplished without expense to the 
Government.
    (c) The Executive Director shall carry out disinterments and 
disinurnments directed by a court of competent

[[Page 29241]]

jurisdiction upon presentation of a lawful, original court order and 
after consulting with the Army General Counsel or his or her designee.
    (d) Remains interred in a group burial may be disinterred only if, 
after the completion of identification processing of any subsequently 
recovered remains, each decedent's remains have not been individually 
identified and it is determined that available technology is likely to 
assist in the identification process of the previously interred group 
remains. Requests for disinterment of group remains must be addressed 
to the Executive Director by the appropriate Military Department's 
Secretary or his or her designee for decision. The request must 
include:
    (1) A statement from the Joint Prisoner of War/Missing in Action 
Accounting Command certifying that subsequent to the interment or 
inurnment of the decedents, remains have been recovered from the site 
of the casualty incident, and that the remains of each individual U.S. 
citizen, legal resident, or former service member have not been 
previously identified from either the remains originally recovered or 
from the subsequently recovered portions.
    (2) Sufficient circumstantial and anatomical evidence from the 
Joint Prisoner of War/Missing in Action Accounting Command, which when 
combined with contemporary forensic or other scientific techniques, 
would lead to a high probability of individual identification of the 
interred group remains.
    (3) Copies of the Military Department's notification to all the 
living close relatives of the decedents advising them of the proposed 
disinterment.
    (4) A time period identified by the Joint Prisoner of War/Missing 
in Action Accounting Command during which it proposes to perform 
forensic or scientific techniques for individual identification 
processing.
    (5) An anticipated time period as to when the Joint Prisoner of 
War/Missing in Action Accounting Command will return any unidentified 
remains to Arlington National Cemetery or will notify the cemetery that 
individual identifications of the group remains are complete and no 
remains will be returned.
    (e) Disinterment or disinurnment is not permitted for the sole 
purpose of splitting remains or permanently keeping any portion of the 
remains in a location other than Arlington National Cemetery.
    (f) Disinterment of previously designated group remains for the 
sole purpose of individually segregating the group remains is not 
permitted unless the requirements of paragraph (d) of this section are 
met.


Sec.  553.26  Design of Government-furnished headstones, niche covers, 
and memorial markers.

    (a) Headstones and memorial markers shall be white marble in an 
upright slab design. Flat-type granite markers may be used, at the 
Executive Director's discretion, when the terrain or other obstruction 
precludes use of an upright marble headstone or memorial marker.
    (b) Niche covers shall be white marble.
    (c) The Executive Director shall approve the design of headstones 
and memorial markers erected for group burials, consistent with the 
policies of the Secretary of Veterans Affairs.


Sec.  553.27  Inscriptions on Government-furnished headstones, niche 
covers, and memorial markers.

    (a) Inscriptions on Government-furnished headstones, niche covers, 
and memorial markers will be made according to the policies and 
specifications of the Secretary of the Army, consistent with the 
policies of the Secretary of Veterans Affairs.
    (b) No grades, titles, or ranks other than military grades granted 
pursuant to title 10, United States Code, will be engraved on 
Government-furnished headstones, niche covers, and memorial markers. 
Honorary grades, titles, or ranks granted by States, governors, and 
others shall not be inscribed on headstones, niche covers, or memorial 
markers.
    (c) Memorial markers must include the words ``In Memory of'' 
preceding the inscription.
    (d) The words ``In Memory of'' shall not precede the inscription of 
a decedent whose remains are interred or inurned.


Sec.  553.28  Private headstones and markers.

    (a) Construction and installation of private headstones and markers 
in lieu of Government-furnished headstones and markers is permitted 
only in sections of Army National Military Cemeteries in which private 
memorials and markers were authorized as of January 1, 1947. These 
headstones or markers must be of simple design, dignified, and 
appropriate for a military cemetery as determined by the Executive 
Director.
    (b) The design and inscription of a private headstone or marker 
must be approved by the Executive Director prior to its construction 
and placement. All private headstones and markers will be designed to 
conform to the dimensions and profiles specified by the Executive 
Director and will be inscribed with the location of the gravesite.
    (c) Placement of a private headstone or marker is conditional upon 
the primary next of kin agreeing in writing to maintain it in a manner 
acceptable to the Government. Should the headstone or marker become 
unserviceable at any time and the primary next of kin fail to repair or 
replace it, or if the marker is not updated to reflect all persons 
buried in that gravesite within 6 months of the most recent burial, the 
Executive Director reserves the right to remove and dispose of the 
headstone or marker and replace it with a standard, Government-
furnished headstone or marker.
    (d) The construction of a headstone or marker to span two 
gravesites will be permitted only in those sections in which headstones 
and markers are presently spanning two gravesites and only with the 
express understanding that in the event both gravesites are not 
utilized for burials, the headstone or marker will be relocated to the 
center of the occupied gravesite, if possible. Such relocation must be 
accomplished at no expense to the Government. The Executive Director 
reserves the right to remove and dispose of the headstone or marker and 
to mark the gravesite with a Government-furnished headstone or marker 
if the personal representative or primary next of kin fails to relocate 
the headstone or marker as requested by the Executive Director.
    (e) Separate headstones or markers may be constructed on a lot (two 
gravesites) for a service member and spouse, provided that each 
headstone or marker is set at the head of the gravesite after interment 
has been made.
    (f) At the time a headstone or marker is purchased, arrangements 
must be made with an appropriate commercial firm to ensure that 
additional inscriptions will be promptly inscribed following each 
succeeding interment in the gravesite. Foot markers must be authorized 
by the Executive Director and may only be authorized when there is no 
available space for an inscription on the front or rear of a private 
headstone.
    (g) Except as may be authorized for marking group burials, ledger 
monuments of freestanding cross design, narrow shafts, and mausoleums 
are prohibited.


Sec.  553.29  Permission to construct private headstones and markers.

    (a) Headstone firms must receive permission from the Executive 
Director to construct a private headstone or marker for use in Army 
National

[[Page 29242]]

Military Cemeteries or to add an inscription to an existing headstone 
or marker in an Army National Military Cemetery.
    (b) Requests for permission must be submitted to the Executive 
Director and must include:
    (1) Written consent from the personal representative or primary 
next of kin;
    (2) Contact information for both the personal representative or 
primary next of kin and the headstone firm; and
    (3) A scale drawing (no less than 1:12) showing all dimensions, or 
a reproduction showing detailed specifications of design and proposed 
construction material, finishing, carving, lettering, exact inscription 
to appear on the headstone or marker, and a trademark or copyright 
designation.
    (c) The Army does not endorse headstone firms but grants permission 
for the construction of headstones or markers in individual cases.
    (d) When using sandblast equipment to add an inscription to an 
existing headstone or marker, headstone firms shall restore the 
surrounding grounds in a timely manner as determined by the Executive 
Director to the condition of the grounds before work began and at no 
expense to the Government.


Sec.  553.30  Inscriptions on private headstones and markers.

    An appropriate inscription for the decedent will be placed on the 
headstone or marker in accordance with the dimensions of the stone and 
arranged in such a manner as to enhance the appearance of the stone. 
Additional inscriptions may be inscribed following each succeeding 
interment in the gravesite. All inscriptions will be in accordance with 
policies established by the Executive Director.


Sec.  553.31  Memorial and commemorative monuments (other than private 
headstones or markers).

    The placement of memorials or commemorative monuments in Arlington 
National Cemetery will be carried out in accordance with 38 U.S.C. 
2409(b).


Sec.  553.32  Conduct of memorial services and ceremonies.

    (a) The Executive Director shall ensure the sanctity of public and 
private memorial and ceremonial events.
    (b) All memorial services and ceremonies within Army National 
Military Cemeteries, other than official ceremonies, shall be purely 
memorial in purpose and may be dedicated only to:
    (1) The memory of all those interred, inurned, or memorialized in 
Army National Military Cemeteries;
    (2) The memory of all those who died in the military service of the 
United States while serving during a particular conflict or while 
serving in a particular military unit or units; or
    (3) The memory of the individual or individuals to be interred, 
inurned, or memorialized at the particular site at which the service or 
ceremony is held.
    (c) Memorial services and ceremonies at Army National Military 
Cemeteries will not include partisan political activities.
    (d) Private memorial services may be closed to the media and public 
as determined by the decedent's primary next of kin.
    (e) Public memorial services and public wreath-laying ceremonies 
shall be open to all members of the public to observe.


Sec.  553.33  Visitors rules for Army National Military Cemeteries.

    (a) Visiting hours. Visiting hours shall be established by the 
Executive Director and posted in conspicuous places. No visitor is 
permitted to enter or remain in an Army National Military Cemetery 
outside the established visiting hours.
    (b) Destruction or removal of property. No person shall destroy, 
damage, mutilate, alter, or remove any monument, gravestone, niche 
cover, structure, tree, shrub, plant, or other property located within 
an Army National Military Cemetery.
    (c) Conduct within Army National Military Cemeteries. Army National 
Military Cemeteries are a national shrine to the honored dead of the 
Armed Forces, and certain acts and activities, which may be appropriate 
elsewhere, are not appropriate in Army National Military Cemeteries. 
All visitors, including persons attending or taking part in memorial 
services and ceremonies, shall observe proper standards of decorum and 
decency while in an Army National Military Cemetery. Specifically, no 
person shall:
    (1) Conduct any memorial service or ceremony within an Army 
National Military Cemetery without the prior approval of the Executive 
Director.
    (2) Engage in demonstrations prohibited by 38 U.S.C. 2413.
    (3) Engage in any orations, speeches, or similar conduct to 
assembled groups of people, unless such actions are part of a memorial 
service or ceremony authorized by the Executive Director.
    (4) Display any placards, banners, flags, or similar devices within 
an Army National Military Cemetery, unless first approved by the 
Executive Director for use in an authorized memorial service or 
ceremony. This rule does not apply to clothing worn by visitors.
    (5) Distribute any handbill, pamphlet, leaflet, or other written or 
printed matter within an Army National Military Cemetery, except a 
program approved by the Executive Director to be provided to attendees 
of an authorized memorial service or ceremony.
    (6) Bring a dog, cat, or other animal (other than a service animal 
or military working dog) within an Army National Military Cemetery. 
This prohibition does not apply to persons living in quarters located 
on the grounds of the Army National Military Cemeteries.
    (7) Use the cemetery grounds for recreational activities (e.g., 
physical exercise, running, jogging, sports, or picnics).
    (8) Ride a bicycle or similar conveyance in an Army National 
Military Cemetery, except with a proper pass issued by the Executive 
Director to visit a gravesite or niche. An individual visiting a 
relative's gravesite or niche may be issued a temporary pass by the 
Executive Director to proceed directly to and from the gravesite or 
niche on a bicycle or similar vehicle or conveyance.
    (9) Operate a musical instrument, a loudspeaker, or an audio device 
without a headset within an Army National Military Cemetery.
    (10) Drive any motor vehicle within an Army National Military 
Cemetery in excess of the posted speed limit.
    (11) Park any motor vehicle in any area of an Army National 
Military Cemetery designated as a no-parking area.
    (12) Leave any vehicle in the Arlington National Cemetery Visitors' 
Center parking area or Soldiers' and Airmen's Home National Cemetery 
visitors' parking area more than thirty minutes outside of established 
visiting hours or anywhere else in an Army National Military Cemetery 
outside of established visiting hours.
    (13) Consume or serve alcoholic beverages without prior written 
permission from the Executive Director.
    (14) Possess firearms without prior written permission from the 
Executive Director. This prohibition does not apply to law enforcement 
and military personnel in the performance of their official duties. In 
accordance with locally established policy, military and law 
enforcement personnel may be required to obtain advance permission from 
the Executive Director of the Army National Military Cemeteries prior 
to possessing firearms on the property of an Army National Military 
Cemetery.
    (15) Deposit or throw litter or trash on the grounds of the Army 
National Military Cemeteries.

[[Page 29243]]

    (16) Engage in any disrespectful or disorderly conduct within an 
Army National Military Cemetery.
    (d) Vehicular traffic. All visitors, including persons attending or 
taking part in memorial services and ceremonies, will observe the 
following rules concerning motor vehicle traffic within Arlington 
National Cemetery:
    (1) Visitors arriving by car and not entitled to a vehicle pass 
pursuant to paragraph (d)(2) of this section are required to park their 
vehicles in the Visitors' Center parking area or at a location outside 
of the cemetery.
    (2) Only the following categories of vehicles may be permitted 
access to Arlington National Cemetery roadways and issued a permanent 
or temporary pass from the Executive Director:
    (i) Official Government vehicles being used on official Government 
business.
    (ii) Vehicles carrying persons on official Cemetery business.
    (iii) Vehicles forming part of an authorized funeral procession and 
authorized to be part of that procession.
    (iv) Vehicles carrying persons visiting the Arlington National 
Cemetery gravesites, niches, or memorial areas of relatives or loved 
ones interred, inurned, or memorialized within Arlington National 
Cemetery.
    (v) Arlington National Cemetery and National Park Service 
maintenance vehicles.
    (vi) Vehicles of contractors who are authorized to perform work 
within Arlington National Cemetery.
    (vii) Concessionaire tour buses authorized by the Executive 
Director to operate in Arlington National Cemetery.
    (viii) Vehicles of employees of ANMC as authorized by the Executive 
Director.


Sec.  553.34  Soliciting and vending.

    The display or distribution of commercial advertising to or 
solicitation of business from the public is strictly prohibited within 
an Army National Military Cemetery, except as authorized by the 
Executive Director.


Sec.  553.35  Media.

    All officials and staff of the media are subject to the Visitors 
Rules enumerated in Sec.  553.33 of this part and shall comply with the 
Department of the Army's media policy.

[FR Doc. 2016-11038 Filed 5-10-16; 8:45 am]
 BILLING CODE 3710-08-P

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