Names for National Cemeteries and Features, 17169-17171 [2023-05852]
Download as PDF
Federal Register / Vol. 88, No. 55 / Wednesday, March 22, 2023 / Proposed Rules
Bureau of Labor Statistics (BLS) median
hourly wage for hourly wage for ‘‘all
occupations’’ of $28.01 per hour. This
information is available at https://
www.bls.gov/oes/current/oes_
nat.htm#13-0000.
Regulatory Flexibility Act
The Secretary hereby certifies that
this proposed rule will not have a
significant economic impact on a
substantial number of small entities as
they are defined in the Regulatory
Flexibility Act (5 U.S.C. 601–612).
Therefore, pursuant to 5 U.S.C. 605(b),
the initial and final regulatory flexibility
analysis requirements of 5 U.S.C. 603
and 604 do not apply.
Unfunded Mandates
The Unfunded Mandates Reform Act
of 1995 requires, at 2 U.S.C. 1532, that
agencies prepare an assessment of
anticipated costs and benefits before
issuing any rule that may result in the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
(adjusted annually for inflation) in any
one year. This proposed rule would
have no such effect on State, local, and
tribal governments, or on the private
sector.
Assistance Listing
The Assistance Listing numbers and
titles for the programs affected by this
document are: 64.101, Burial Expenses
Allowance for Veterans; 64.110,
Veterans Dependency and Indemnity
Compensation for Service-Connected
Death.
List of Subjects in 38 CFR Part 3
Administrative practice and
procedure, Claims, Veterans.
Signing Authority
lotter on DSK11XQN23PROD with PROPOSALS1
Denis McDonough, Secretary of
Veterans Affairs, approved this
document on February 15, 2023, and
authorized the undersigned to sign and
submit the document to the Office of the
Federal Register for publication
electronically as an official document of
the Department of Veterans Affairs.
Luvenia Potts,
Regulations Development Coordinator, Office
of Regulation Policy & Management, Office
of General Counsel, Department of Veterans
Affairs.
For the reasons stated in the
preamble, the Department of Veterans
Affairs proposes to amend 38 CFR part
3 as set forth below:
VerDate Sep<11>2014
16:32 Mar 21, 2023
Jkt 259001
PART 3—ADJUDICATION
Subpart A—Pension, Compensation,
and Dependency and Indemnity
Compensation
1. The authority citation for part 3,
subpart A, continues to read as follows:
■
Authority: 38 U.S.C. 501(a), unless
otherwise noted.
■
2. Add § 3.33 to read as follows:
§ 3.33 Reevaluation of Claims for
Dependency and Indemnity Compensation
Involving Presumptions of Service
Connection Following Enactment of Public
Law 117–168.
(a) Purpose This section states
effective date and election rules based
on amendments made under Public Law
117–168, which provides for the
reevaluation of certain previously
denied dependency and indemnity
compensation (DIC) claims when a law
establishes or modifies a presumption of
service connection.
(b) Definitions For purpose of this
section:
(1) Law means any law, regulation, or
Federal court decision or settlement
establishing or modifying a presumption
of service connection.
(2) Relevant claimant means an
individual who submitted a claim for
DIC to VA that was evaluated and
denied by VA before the date on which
such a provision of law went into effect
and might have been evaluated
differently had the establishment or
modification of the service connection
presumption been applicable to the
claim.
(c) Election of review
(1) General. VA will not reevaluate
under this section any previously
denied claim for DIC prior to election by
the relevant claimant.
(2) Form of election. Reevaluation of
a previously denied DIC claim must be
at the election of the relevant claimant
on a prescribed form pursuant to
§ 3.152(a).
(d) Effective date of award. If a
relevant claimant is found entitled to
DIC based on the establishment or
modification of a presumption of service
connection, the effective date of the
award will be as follows:
(1) If VA denied a claim for DIC prior
to a law defined under (b)(1) of this
section that establishes or modifies a
presumption of service connection on or
after August 10, 2022, (the date of
enactment of Pub. L. 117–168), the
effective date of the award will be
determined as if the establishment or
modification of the presumption of
service connection had been in effect on
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Frm 00006
Fmt 4702
Sfmt 4702
17169
the date of the submission of the
original claim.
(2) If the requirements of paragraph
(d)(1) are not met, the effective date of
the award shall be determined in
accordance with §§ 3.114 and 3.400.
(e) Outreach and identification of
relevant claimants
(1) VA will conduct the following
efforts to inform a relevant claimant that
they may elect to have a claim
reevaluated in light of the establishment
or modification of a presumption of
service connection:
(i) Publish on the internet website of
the Department a notice that such
claimants may elect to have a claim so
reevaluated;
(ii) Notify, in writing or by electronic
means, veterans service organizations of
the ability of such claimants to elect to
have a claim so reevaluated; and
(iii) Notify each such claimant in the
same manner that the Department last
provided notice of a decision.
(Authority: 38 U.S.C. 501, 1305)
[FR Doc. 2023–05840 Filed 3–21–23; 8:45 am]
BILLING CODE 8320–01–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 38
RIN 2900–AR81
Names for National Cemeteries and
Features
Department of Veterans Affairs.
Proposed rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) proposes to remove its
regulation concerning the naming of
cemeteries and features. VA is
proposing this action because, after
reviewing internal policy and processes,
VA determined this regulation is
obsolete and unnecessary. When VA
promulgated this regulation, VA’s
cemetery naming activities were
supported by statute and served a
purely administrative function that did
not change existing law or policy and
did not affect individual rights or
obligations. The activities therefore did
not require a regulation to effectuate.
However, now that the regulation is in
effect, removing it would change
existing policy, which requires a
rulemaking. The Secretary of Veterans
Affairs (the Secretary) has authority for
naming Department property and has
delegated in regulation the authority for
naming features within national
cemeteries to the Under Secretary for
Memorial Affairs, who is the head of
VA’s National Cemetery Administration.
SUMMARY:
E:\FR\FM\22MRP1.SGM
22MRP1
17170
Federal Register / Vol. 88, No. 55 / Wednesday, March 22, 2023 / Proposed Rules
Therefore, this action is under the
authority of the National Cemetery
Administration.
Comments must be received on
or before May 22, 2023.
ADDRESSES: Comments must be
submitted through www.regulations.gov.
Except as provided below, comments
received before the close of the
comment period will be available at
www.regulations.gov for public viewing,
inspection, or copying, including any
personally identifiable or confidential
business information that is included in
a comment. We post the comments
received before the close of the
comment period on the following
website as soon as possible after they
have been received: https://
www.regulations.gov. VA will not post
on Regulations.gov public comments
that make threats to individuals or
institutions or suggest that the
commenter will take actions to harm the
individual. VA encourages individuals
not to submit duplicative comments. We
will post acceptable comments from
multiple unique commenters even if the
content is identical or nearly identical
to other comments. Any public
comment received after the comment
period’s closing date is considered late
and may not be considered in the final
rulemaking.
FOR FURTHER INFORMATION CONTACT:
Michelle Myers, Management and
Program Analyst, Legislative and
Regulatory Service (42E), National
Cemetery Administration, Department
of Veterans Affairs, 810 Vermont
Avenue NW, Washington, DC 20420.
Telephone: (202) 717–2979 (this is not
a toll-free number).
SUPPLEMENTARY INFORMATION: Generally,
5 U.S.C. chapter 5 establishes
procedures by which Federal agencies
can formulate regulations, and 5 U.S.C.
553 addresses which agency
rulemakings require ‘‘notice and
comment’’ and publication in the
Federal Register. Also, 38 U.S.C. 501(a)
gives the Secretary ‘‘authority to
prescribe all rules and regulations
which are necessary or appropriate to
carry out the laws administered by the
Department.’’ Under this broad
authority, the Secretary is also
authorized to repeal rules or regulations
that are neither necessary nor
appropriate to carry out the laws
administered by the Department. See
generally 5 U.S.C. 551(5) (defining ‘‘rule
making’’ to include ‘‘repealing a rule.’’).
The Secretary’s authority for naming
cemeteries is codified in 38 U.S.C. 531,
and the Secretary’s authority for naming
features within national cemeteries is
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DATES:
VerDate Sep<11>2014
16:32 Mar 21, 2023
Jkt 259001
delegated to the Under Secretary for
Memorial Affairs in 38 CFR 2.6(f)(4).
In January 1978, VA proposed
regulations (43 FR 1628 (January 11,
1978)) related to the operation of the
National Cemetery System. The
proposed regulations were to provide
rules for the Advisory Committee on
Cemeteries and Memorials, the naming
of national cemeteries and activities and
features therein, acceptance of gifts and
donations, and other topics. The
proposed rule for naming cemetery
activities unnecessarily restated both
the statutory authority of the Secretary
for naming national cemeteries and the
authority delegated to the Under
Secretary for Memorial Affairs in
§ 2.6(f)(4) to name features in national
cemeteries. It also included a paragraph
establishing the basis for names and
stated that names of cemetery activities
may be based on physical and area
characteristics, the nearest important
city (town), or a historical characteristic
related to the area. The rule also stated
that newly constructed interior
thoroughfares for vehicular traffic will
be known as ‘‘‘drives’ ’’ and will be
named after cities, counties, or States or
after historically notable persons,
places, or events. The rule became final
on June 14, 1978.
The VA’s National Cemetery
Administration (NCA) honors Veterans
and their eligible family members with
final resting places in national shrines
and with lasting tributes that
commemorate their service to and
sacrifice for our nation. As part of that
mission, NCA owns and operates 155
national cemeteries covering more than
22,000 acres of land from Hawaii to
Maine, and from Alaska to Puerto Rico.
In 1998, with sec. 1001 of the
Veterans Programs Enhancement Act of
1998, Pub. L. 105–368, 112 Stat. 3315,
Congress amended Title 38 of the U.S.
Code to add sec. 531, which established
the statutory requirement relating to
naming of VA property. Effective on
November 12, 1998, Department
facilities, structures, or real property or
major portions thereof may only be
named for the geographic area in which
the facility, structure or property is
located. In a recent review of policy for
naming national cemeteries and
features, VA determined the addition of
sec. 531 makes the 1978 rule no longer
necessary or appropriate. For these
reasons, VA proposes to remove 38 CFR
38.602.
Executive Orders 12866 and 13563
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, when regulation is
PO 00000
Frm 00007
Fmt 4702
Sfmt 4702
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, and other advantages;
distributive impacts; and equity).
Executive Order 13563 (Improving
Regulation and Regulatory Review)
emphasizes the importance of
quantifying both costs and benefits,
reducing costs, harmonizing rules, and
promoting flexibility. The Office of
Information and Regulatory Affairs has
determined that this rule is not a
significant regulatory action under
Executive Order 12866. The Regulatory
Impact Analysis associated with this
rulemaking can be found as a
supporting document at
www.regulations.gov.
Paperwork Reduction Act
This proposed rule contains no
provisions constituting a collection of
information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3521).
Regulatory Flexibility Act
The Secretary hereby certifies that
this proposed rule would not have a
significant economic impact on a
substantial number of small entities as
they are defined in the Regulatory
Flexibility Act, 5 U.S.C. 601–612. The
naming of national cemeteries and
features is an internal operations
function that only affects VA national
cemeteries. As well this proposed rule
revokes the existing regulation and will
have no economic impact on small
entities. Therefore, pursuant to 5 U.S.C.
605(b), the initial and final regulatory
flexibility analysis requirements of 5
U.S.C. 603 and 604 do not apply.
Unfunded Mandates
The Unfunded Mandates Reform Act
of 1995 requires, at 2 U.S.C. 1532, that
agencies prepare an assessment of
anticipated costs and benefits before
issuing any rule that may result in the
expenditure by State, local, and Tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
(adjusted annually for inflation) in any
1 (one) year. This proposed rule would
have no such effect on State, local, and
Tribal governments, or on the private
sector.
List of Subjects in 38 CFR Part 38
Administrative practice and
procedure, Cemeteries, Veterans.
Signing Authority
Denis McDonough, Secretary of
Veterans Affairs, approved this
document on March 16, 2023, and
E:\FR\FM\22MRP1.SGM
22MRP1
17171
Federal Register / Vol. 88, No. 55 / Wednesday, March 22, 2023 / Proposed Rules
authorized the undersigned to sign and
submit the document to the Office of the
Federal Register for publication
electronically as an official document of
the Department of Veterans Affairs.
Luvenia Potts,
Regulations Development Coordinator, Office
of Regulation Policy & Management, Office
of General Counsel, Department of Veterans
Affairs.
For the reasons stated in the
preamble, and under the authority of 38
U.S.C. 501, the Department of Veterans
Affairs proposes to amend 38 CFR part
38 as follows:
PART 38—NATIONAL CEMETERIES
OF THE DEPARTMENT OF VETERANS
AFFAIRS
1. The authority citation for part 38
continues to read as follows:
■
Authority: 38 U.S.C. 107, 501, 512, 2306,
2400, 2402, 2403, 2404, 2407, 2408, 2411,
7105.
§ 38.602
■
[Removed]
2. Remove § 38.602.
[FR Doc. 2023–05852 Filed 3–21–23; 8:45 am]
BILLING CODE 8320–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[DA 23–209; MB Docket No. 23–86; RM–
11948; FR ID 132368]
Radio Broadcasting Services; Tecopa,
California
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
This document requests
comments on a petition for rule making
filed by Shamrock Communications,
Inc., proposing to amend the FM Table
of Allotments, by substituting Channel
256A for vacant Channel 288A at
Tecopa, California to accommodate the
hybrid modification application for
Station KRZQ(FM) that proposes to
upgrade from Channel 290C1 to
Channel 291C at Amargosa Valley,
Nevada. A staff engineering analysis
indicates that Channel 256A can be
allotted to Tecopa, California, consistent
with the minimum distance separation
requirements of the Commission’s rules,
with a site restriction of 2.3 km (1.4
miles) northwest of the community. The
reference coordinates are 35–50–48 NL
and 116–13–27 WL.
DATES: Comments must be filed on or
before May 5, 2023, and reply comments
on or before May 22, 2023.
lotter on DSK11XQN23PROD with PROPOSALS1
SUMMARY:
VerDate Sep<11>2014
16:32 Mar 21, 2023
Jkt 259001
Secretary, Federal
Communications Commission, 45 L
Street NE, Washington, DC 20554. In
addition to filing comments with the
FCC, interested parties should serve the
petitioner and its counsel as follows:
James M Lewandowski, Shamrock
Communications, Inc., 149 Penn
Avenue, Scranton, PA 18503 and David
A O’Connor, ESQ., c/o Shamrock
Communications, Inc., Wilkinson
Barker Knauer, LLP, 1800 M Street NW,
Suite 800N, Washington, DC 20036.
FOR FURTHER INFORMATION CONTACT:
Rolanda F. Smith, Media Bureau, (202)
418–2054.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Federal
Communications Commission’s
(Commission) Notice of Proposed Rule
Making, MB Docket No. 23–86, adopted
March 14, 2023, and released March 14,
2023. The full text of this Commission
decision is available online at https://
apps.fcc.gov/ecfs. The full text of this
document can also be downloaded in
Word or Portable Document Format
(PDF) at https://www.fcc.gov/edocs.
This document does not contain
proposed information collection
requirements subject to the Paperwork
Reduction Act of 1995, Public Law 104–
13. In addition, therefore, it does not
contain any proposed information
collection burden ‘‘for small business
concerns with fewer than 25
employees,’’ pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198, see 44 U.S.C.
3506(c)(4).
Provisions of the Regulatory
Flexibility Act of 1980 do not apply to
this proceeding.
Members of the public should note
that from the time a Notice of Proposed
Rule Making is issued until the matter
is no longer subject to Commission
consideration or court review, all ex
parte contacts are prohibited in
Commission proceedings, such as this
one, which involve channel allotments.
See 47 CFR 1.1204(b) for rules
governing permissible ex parte contacts.
For information regarding proper
filing procedures for comments, see 47
CFR 1.415 and 1.420.
ADDRESSES:
List of Subjects in 47 CFR Part 73
Radio, Radio broadcasting.
Federal Communications Commission.
Nazifa Sawez,
Assistant Chief, Audio Division, Media
Bureau.
Proposed Rules
For the reasons discussed in the
preamble, the Federal Communications
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
Commission proposes to amend 47 CFR
part 73 as follows:
PART 73—RADIO BROADCAST
SERVICES
1. The authority citation for part 73
continues to read as follows:
■
Authority: 47 U.S.C. 154, 155, 301, 303,
307, 309, 310, 334, 336, 339.
2. In § 73.202, in the table in
paragraph (b), under California, revise
the entry for ‘‘Tecopa’’ to read as
follows:
■
§ 73.202
*
Table of Allotments.
*
*
(b) * * *
*
*
TABLE 1 TO PARAGRAPH (b)
[U.S. States]
*
*
Channel No.
*
*
*
*
*
California
*
*
*
Tecopa ..................................
*
*
*
*
*
*
*
*
256A
*
*
[FR Doc. 2023–05794 Filed 3–21–23; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 230315–0075]
RIN 0648–BK54
Atlantic Highly Migratory Species;
Prohibiting Retention of Oceanic
Whitetip Sharks in U.S. Atlantic Waters
and Hammerhead Sharks in the U.S.
Caribbean Sea
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes to prohibit
the retention and possession of oceanic
whitetip sharks (Carcharhinus
longimanus) in U.S. waters of the
Atlantic Ocean, including the Gulf of
Mexico and Caribbean Sea, and
SUMMARY:
E:\FR\FM\22MRP1.SGM
22MRP1
Agencies
[Federal Register Volume 88, Number 55 (Wednesday, March 22, 2023)]
[Proposed Rules]
[Pages 17169-17171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05852]
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 38
RIN 2900-AR81
Names for National Cemeteries and Features
AGENCY: Department of Veterans Affairs.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Veterans Affairs (VA) proposes to remove its
regulation concerning the naming of cemeteries and features. VA is
proposing this action because, after reviewing internal policy and
processes, VA determined this regulation is obsolete and unnecessary.
When VA promulgated this regulation, VA's cemetery naming activities
were supported by statute and served a purely administrative function
that did not change existing law or policy and did not affect
individual rights or obligations. The activities therefore did not
require a regulation to effectuate. However, now that the regulation is
in effect, removing it would change existing policy, which requires a
rulemaking. The Secretary of Veterans Affairs (the Secretary) has
authority for naming Department property and has delegated in
regulation the authority for naming features within national cemeteries
to the Under Secretary for Memorial Affairs, who is the head of VA's
National Cemetery Administration.
[[Page 17170]]
Therefore, this action is under the authority of the National Cemetery
Administration.
DATES: Comments must be received on or before May 22, 2023.
ADDRESSES: Comments must be submitted through www.regulations.gov.
Except as provided below, comments received before the close of the
comment period will be available at www.regulations.gov for public
viewing, inspection, or copying, including any personally identifiable
or confidential business information that is included in a comment. We
post the comments received before the close of the comment period on
the following website as soon as possible after they have been
received: https://www.regulations.gov. VA will not post on
Regulations.gov public comments that make threats to individuals or
institutions or suggest that the commenter will take actions to harm
the individual. VA encourages individuals not to submit duplicative
comments. We will post acceptable comments from multiple unique
commenters even if the content is identical or nearly identical to
other comments. Any public comment received after the comment period's
closing date is considered late and may not be considered in the final
rulemaking.
FOR FURTHER INFORMATION CONTACT: Michelle Myers, Management and Program
Analyst, Legislative and Regulatory Service (42E), National Cemetery
Administration, Department of Veterans Affairs, 810 Vermont Avenue NW,
Washington, DC 20420. Telephone: (202) 717-2979 (this is not a toll-
free number).
SUPPLEMENTARY INFORMATION: Generally, 5 U.S.C. chapter 5 establishes
procedures by which Federal agencies can formulate regulations, and 5
U.S.C. 553 addresses which agency rulemakings require ``notice and
comment'' and publication in the Federal Register. Also, 38 U.S.C.
501(a) gives the Secretary ``authority to prescribe all rules and
regulations which are necessary or appropriate to carry out the laws
administered by the Department.'' Under this broad authority, the
Secretary is also authorized to repeal rules or regulations that are
neither necessary nor appropriate to carry out the laws administered by
the Department. See generally 5 U.S.C. 551(5) (defining ``rule making''
to include ``repealing a rule.'').
The Secretary's authority for naming cemeteries is codified in 38
U.S.C. 531, and the Secretary's authority for naming features within
national cemeteries is delegated to the Under Secretary for Memorial
Affairs in 38 CFR 2.6(f)(4).
In January 1978, VA proposed regulations (43 FR 1628 (January 11,
1978)) related to the operation of the National Cemetery System. The
proposed regulations were to provide rules for the Advisory Committee
on Cemeteries and Memorials, the naming of national cemeteries and
activities and features therein, acceptance of gifts and donations, and
other topics. The proposed rule for naming cemetery activities
unnecessarily restated both the statutory authority of the Secretary
for naming national cemeteries and the authority delegated to the Under
Secretary for Memorial Affairs in Sec. 2.6(f)(4) to name features in
national cemeteries. It also included a paragraph establishing the
basis for names and stated that names of cemetery activities may be
based on physical and area characteristics, the nearest important city
(town), or a historical characteristic related to the area. The rule
also stated that newly constructed interior thoroughfares for vehicular
traffic will be known as ```drives' '' and will be named after cities,
counties, or States or after historically notable persons, places, or
events. The rule became final on June 14, 1978.
The VA's National Cemetery Administration (NCA) honors Veterans and
their eligible family members with final resting places in national
shrines and with lasting tributes that commemorate their service to and
sacrifice for our nation. As part of that mission, NCA owns and
operates 155 national cemeteries covering more than 22,000 acres of
land from Hawaii to Maine, and from Alaska to Puerto Rico.
In 1998, with sec. 1001 of the Veterans Programs Enhancement Act of
1998, Pub. L. 105-368, 112 Stat. 3315, Congress amended Title 38 of the
U.S. Code to add sec. 531, which established the statutory requirement
relating to naming of VA property. Effective on November 12, 1998,
Department facilities, structures, or real property or major portions
thereof may only be named for the geographic area in which the
facility, structure or property is located. In a recent review of
policy for naming national cemeteries and features, VA determined the
addition of sec. 531 makes the 1978 rule no longer necessary or
appropriate. For these reasons, VA proposes to remove 38 CFR 38.602.
Executive Orders 12866 and 13563
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, when
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, and other advantages; distributive impacts;
and equity). Executive Order 13563 (Improving Regulation and Regulatory
Review) emphasizes the importance of quantifying both costs and
benefits, reducing costs, harmonizing rules, and promoting flexibility.
The Office of Information and Regulatory Affairs has determined that
this rule is not a significant regulatory action under Executive Order
12866. The Regulatory Impact Analysis associated with this rulemaking
can be found as a supporting document at www.regulations.gov.
Paperwork Reduction Act
This proposed rule contains no provisions constituting a collection
of information under the Paperwork Reduction Act of 1995 (44 U.S.C.
3501-3521).
Regulatory Flexibility Act
The Secretary hereby certifies that this proposed rule would not
have a significant economic impact on a substantial number of small
entities as they are defined in the Regulatory Flexibility Act, 5
U.S.C. 601-612. The naming of national cemeteries and features is an
internal operations function that only affects VA national cemeteries.
As well this proposed rule revokes the existing regulation and will
have no economic impact on small entities. Therefore, pursuant to 5
U.S.C. 605(b), the initial and final regulatory flexibility analysis
requirements of 5 U.S.C. 603 and 604 do not apply.
Unfunded Mandates
The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C.
1532, that agencies prepare an assessment of anticipated costs and
benefits before issuing any rule that may result in the expenditure by
State, local, and Tribal governments, in the aggregate, or by the
private sector, of $100 million or more (adjusted annually for
inflation) in any 1 (one) year. This proposed rule would have no such
effect on State, local, and Tribal governments, or on the private
sector.
List of Subjects in 38 CFR Part 38
Administrative practice and procedure, Cemeteries, Veterans.
Signing Authority
Denis McDonough, Secretary of Veterans Affairs, approved this
document on March 16, 2023, and
[[Page 17171]]
authorized the undersigned to sign and submit the document to the
Office of the Federal Register for publication electronically as an
official document of the Department of Veterans Affairs.
Luvenia Potts,
Regulations Development Coordinator, Office of Regulation Policy &
Management, Office of General Counsel, Department of Veterans Affairs.
For the reasons stated in the preamble, and under the authority of
38 U.S.C. 501, the Department of Veterans Affairs proposes to amend 38
CFR part 38 as follows:
PART 38--NATIONAL CEMETERIES OF THE DEPARTMENT OF VETERANS AFFAIRS
0
1. The authority citation for part 38 continues to read as follows:
Authority: 38 U.S.C. 107, 501, 512, 2306, 2400, 2402, 2403,
2404, 2407, 2408, 2411, 7105.
Sec. 38.602 [Removed]
0
2. Remove Sec. 38.602.
[FR Doc. 2023-05852 Filed 3-21-23; 8:45 am]
BILLING CODE 8320-01-P