Outer Burial Receptacles, 8126-8131 [2024-02183]
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Federal Register / Vol. 89, No. 25 / Tuesday, February 6, 2024 / Proposed Rules
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[FR Doc. 2024–02115 Filed 2–5–24; 8:45 am]
BILLING CODE 8015–01–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Parts 38 and 39
RIN 2900–AR82
Outer Burial Receptacles
Department of Veterans Affairs.
Proposed rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) proposes to revise its
regulation that governs the outer burial
receptacle (OBR) monetary allowance
for burials in a VA national cemetery
when a privately purchased OBR is used
in lieu of a Government-furnished
SUMMARY:
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graveliner. First, VA proposes to expand
applicability of the monetary allowance
to burials in VA grant-funded State and
Tribal cemeteries when a privately
purchased OBR was used, or where an
OBR is placed at the time of interment,
at the cost of the State or Tribal
Organization. Second, VA proposes to
reimburse States and Tribal
Organizations for OBRs that are preplaced as part of a new construction or
expansion grant project. In addition, VA
proposes minor conforming revisions to
its regulations governing aid for the
establishment, expansion and
improvement of veterans cemeteries to
clarify that VA will reimburse the cost
of preplaced OBRs separately from the
grant award. These changes would
implement new authorities provided in
the Johnny Isakson and David P. Roe,
M.D Veterans Health Care and Benefits
Improvement Act of 2020. VA also
proposes to amend the regulation
governing OBRs by removing retroactive
provisions no longer needed because the
relevant time period has passed.
DATES: Comments must be received on
or before April 8, 2024.
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;
however, we will post 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 will not be considered in the final
rulemaking. In accordance with the
Providing Accountability Through
Transparency Act of 2023, a 100 word
Plain-Language Summary of this
proposed rule is available at
Regulations.gov, under RIN 2900–AR82.
FOR FURTHER INFORMATION CONTACT:
Michelle Myers, Management and
Program Analyst, Policy and Regulatory
Service, National Cemetery
Administration, Department of Veterans
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Affairs, 810 Vermont Avenue NW,
Washington, DC 20420. Telephone:
(720) 607–0364. (This is not a toll-free
number.)
SUPPLEMENTARY INFORMATION:
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Background
Section 2306(e) of title 38, United
States Code (U.S.C.), authorizes VA to
provide an OBR for each new grave used
for casketed remains in an open VA
national cemetery. VA has implemented
this authority in three ways: providing
pre-placed OBRs as part of new
construction or expansion of national
cemeteries; installing a Governmentfurnished graveliner at the time of
interment; and providing a monetary
allowance for burials where the OBR
was privately purchased. Pre-placed
OBRs are installed in the ground during
construction of a cemetery site, then
covered with soil and grass. When
needed for a burial, the area is
unearthed, and the casket is placed.
This allows for more efficient use of
cemetery space, more efficient
operations and improved appearance
through the elimination of sunken
graves. For gravesites where OBRs were
not pre-placed during construction, VA
may provide a graveliner at the time of
interment. Typically, a Governmentfurnished graveliner placed at the time
of interment is pre-cast concrete and
maintains the integrity of the soil
around the grave, eliminating sunken
graves and improving cemetery
appearance.
In some cases, families choose to use
a privately purchased OBR in lieu of a
Government-furnished graveliner.
Section 2306(e)(4) authorizes VA to use
a voucher system or other system of
reimbursement to pay for OBRs for
burials in a VA cemetery, and in
December 2000, VA first implemented
regulations to administer this authority
as a monetary allowance in 38 CFR
38.629 (65 FR 76937).
New Authority
On January 5, 2021, sec. 2203 of
Public Law 116–315, the Johnny Isakson
and David P. Roe, M.D Veterans Health
Care and Benefits Improvement Act of
2020, amended section 2306(e) to
expand applicability of the OBR
program to burials in cemeteries that are
the subject of a grant to a State or Tribal
Organization under 38 U.S.C. 2408.
To implement this new authority, VA
proposes to revise § 38.629 to include
provision of OBRs for gravesites in State
or Tribal Organization cemeteries
funded through VA grants. Specifically,
we propose to redesignate paragraph (b)
as paragraph (b)(1) and revise
redesignated paragraph (b)(1) by adding
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language to the existing purpose
statement to include payment of a
monetary allowance for interments in
grant-funded cemeteries where a
privately purchased OBR has been used.
As well, we propose adding new
paragraphs (b)(2) and (3) to explain that
the purpose of the section now also
provides for payment of a monetary
allowance for OBRs placed at the time
of interment in grant-funded cemeteries
and for reimbursement of the cost for
OBRs that are pre-placed as part of
construction, expansion, or
improvement of a grant-funded
cemetery. These amendments establish
that VA will use § 38.629 to regulate
both the monetary allowance and
reimbursements associated with OBRs
for burials in VA grantee-cemeteries.
VA proposes minor revisions to the
heading and text of paragraph (c) to
clarify that the content of the paragraph
refers to subsequent interments with
privately purchased OBRs. In burials
where a casket already exists in a grave
with or without an OBR, subsequent
placement of a second casket in an OBR
would not be permitted in the same
grave unless the cemetery director
determines that the already interred
casket would not be damaged. We
propose replacing the current reference
to ‘‘graveliner’’ in paragraph (c) with the
broader term of ‘‘outer burial
receptacle’’ to be more consistent with
terminology used throughout the
regulatory text. As well, we propose
removing the word ‘‘national’’ to make
the paragraph applicable to VA grantfunded cemetery directors, who now
have responsibilities related to potential
use of privately purchased OBRs. These
revisions clarify the meaning and
applicability of the paragraph.
Monetary Allowance for Privately
Purchased OBRs
VA proposes to revise the heading of
paragraph (d) to specify that the
provision refers to payment of monetary
allowance for privately purchased OBRs
and to redesignate paragraph (d) as
paragraph (d)(1). VA proposes to add a
new paragraph (d)(2) to specify
provision of a monetary allowance for
burials in a grant-funded cemetery
where a privately purchased OBR was
used. VA would require a request for
payment from the person who paid for
the OBR along with evidence of such
payment. The request must be verified
by the cemetery director where the
burial occurred. Since this authority is
effective, by law, on and after January 5,
2023, the revision would include the
effective date.
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Monetary Allowance for OBRs Placed
at Time of Interment
VA proposes to redesignate paragraph
(e) as (f) and add new paragraph (e) to
provide for payment of monetary
allowance for OBRs placed at time of
interment. VA would pay an allowance
to a State or Tribal Organization for
OBRs placed at the time of interment for
burials in a grantee cemetery. Since this
authority is effective, by law, on and
after January 5, 2023, the revision would
include the effective date. VA proposes
to issue payment on a quarterly basis for
the total number of burials that occurred
during the quarter, when requested by
the State or Tribal Organization on the
approved VA application form. Since
the monetary allowance for a single
OBR is a relatively small amount, VA
proposes a quarterly basis as a
reasonable approach to minimize the
number of applications for payment that
need to be submitted by the States and
Tribal Organizations and to allow for
efficient management and processing of
the requests by VA. Rather than
requiring a separate application for each
relevant interment, States and Tribal
Organizations would submit one
application for all OBRs used at time of
interment during each quarter. In
addition, proposed paragraph (e)(3)
would establish that payment may not
be made for burials where a fee for the
OBR was charged to the decedent’s
family or other responsible party.
Reimbursement for OBRs Pre-Placed as
Part of Construction
VA proposes to add a new paragraph
(g) to provide for reimbursement of the
cost of OBRs that are pre-placed as part
of new construction, expansion or
improvement of a grant-funded
cemetery. VA proposes to reimburse
States and Tribal Organizations for the
cost of pre-placed OBRs installed in
conjunction with construction and
expansion cemetery grants. States and
Tribal Organizations would be required
to submit a request for reimbursement
using Standard Form 271, Outlay Report
and Request for Reimbursement for
Construction Programs. This approach
is standard for requesting
reimbursement for construction projects
and is already used by the Veterans
Cemetery Grants Program (VCGP) as
part of the grant award process. The
information required for determining
the cost and the agency entitled to
reimbursement is included in
information already being collected as
part of the veterans cemetery grant
application and award process, so there
would be no impact regarding the
Paperwork Reduction Act. This
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provision for reimbursement aligns
administration of the OBR benefit for
VA grant-funded cemeteries with that of
VA national cemeteries.
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Audit Provisions
VA proposes to add a new paragraph
(h) to establish that a State or Tribal
Organization that seeks payment in the
form of reimbursement or monetary
allowance for OBRs under § 38.629
would be subject to related inspections,
audits, and reporting. Grant-funded
cemeteries already are subject to
inspections, audits, and reporting under
§ 39.122 to ensure compliance with
regulatory provisions governing the
VCGP; however, VA wants to ensure
that grant-funded cemeteries that are
seeking payment for OBRs under
§ 38.629 are fully advised in regulation
that such requests and payments are
subject to inspections, audits, and
reporting.
Accordingly, VA proposes to also
revise § 39.122, which governs
inspections, audits, and reports related
to the VCGP. VA proposes to revise
paragraph (a) to require a State or Tribal
Organization to allow VA inspectors
and auditors to conduct inspections as
necessary to ensure compliance with the
provisions of part 39 and with the
provisions of § 38.629 regarding OBRs.
This would ensure that grant recipients
are aware that if they seek payment for
OBRs in accordance with § 38.629, they
would be subject to inspection, audit,
and reporting requirements related to
such payments.
Removing Outdated Provisions
VA proposes to amend § 38.629 to
remove outdated retroactive provisions
by removing references to dates in
paragraphs (d) and (e). Current
paragraph (d) restricts the monetary
allowance to burials where a privately
purchased OBR was used on and after
October 9, 1996, and includes a specific
provision for making payment for
burials during the period October 9,
1996, through December 31, 1999. These
provisions were included because the
OBR allowance authority took effect on
October 9, 1996, before the regulations
were finalized on December 8, 2000.
However, those portions of current
paragraph (d) are no longer necessary
since the relevant time periods have
passed.
Similarly, current paragraphs (e)(1)
and (2) each refer to the timeframe for
VA’s annual publication in a Federal
Register notice of the OBR
reimbursement amount from ‘‘calendar
year 2000 and each calendar year
thereafter.’’ The references to calendar
year 2000 are no longer necessary, and
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we propose removing them from the
regulation in redesignated paragraphs
(f)(1) and (f)(2). Finally, current
paragraph (e)(3) (or redesignated
paragraph (f)(3)) establishes that the
amount of the monetary allowance for
calendar year 2000 will be used for
payment of any allowances for
interments that occurred during the
period from October 9, 1996, through
December 31, 1999. That paragraph is
no longer necessary because the relevant
time period has passed. Because the
OBR payments would be calculated
annually, VA would only pay the
current amount for qualifying
interments for that calendar year.
Section Title
VA proposes to revise the title of
§ 38.629 from ‘‘Outer Burial Receptacle
Allowance’’ to ‘‘Outer Burial
Receptacles’’ to reflect the change in
scope of the regulation, which
previously only included provision of
an allowance for privately purchased
OBRs, but would now include
reimbursement to grant-funded
cemeteries for procurement costs of
OBRs.
Clarifying § 39.50
Finally, VA proposes to revise § 39.50
to clarify that VA would reimburse the
cost of pre-placed OBRs separately from
the grant award. Section 39.50 governs
the amount of grants awarded under
subpart B—Establishment, Expansion,
and Improvement Projects. First, VA
proposes to delete the phrase
‘‘preplaced liners or crypts,’’ from
§ 39.50(b)(2) where it is included as one
of the examples of costs that may be
included in the total cost of a project.
Since VA is now authorized to provide
OBRs to grant-funded cemeteries, the
cost of those items should not be
included in the total cost of the project
when determining the amount of a
grant. Second, VA proposes to insert a
new paragraph (e) to clarify that VA
would reimburse the cost of preplaced
OBRs separately, in accordance with the
new provisions of § 38.629.
Executive Orders 12866, 13563 and
14094
Executive Order 12866 (Regulatory
Planning and Review) directs 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)
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emphasizes the importance of
quantifying both costs and benefits,
reducing costs, harmonizing rules, and
promoting flexibility. Executive Order
14094 (Modernizing Regulatory Review)
supplements and reaffirms the
principles, structures, and definitions
governing contemporary regulatory
review established in Executive Orders
12866 and 13563. The Office of
Information and Regulatory Affairs has
determined that this rulemaking is not
a significant regulatory action under
Executive Order 12866, as amended by
Executive Order 14094. The Regulatory
Impact Analysis associated with this
rulemaking can be found as a
supporting document at
www.regulations.gov.
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
Secretary acknowledges that this rule
may affect some Tribal governments that
may be considered small entities;
however, the economic impact would be
entirely beneficial. This proposed rule
would impose no mandatory
requirements or costs on Tribal
governments as a whole and would only
affect those that are recipients of
veterans cemetery grants. To the extent
that small entities are affected, the
impact of this proposed rule would be
entirely beneficial as it would provide
reimbursement for costs of OBRs
associated with casketed burials in
grant-funded cemeteries. 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.
Paperwork Reduction Act
This proposed rule includes
provisions constituting a new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3521) that require approval by the Office
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of Management and Budget (OMB).
Accordingly, under 44 U.S.C. 3507(d),
VA has submitted a copy of this
rulemaking action to OMB for review
and approval.
OMB assigns control numbers to
collection of information it approves.
VA may not conduct or sponsor, and a
person is not required to respond to, a
collection of information unless it
displays a currently valid OMB control
number. If OMB does not approve the
collection of information as requested,
VA will immediately remove the
provisions containing the collection of
information or take such other action as
is directed by OMB.
Comments on the new collection of
information contained in this
rulemaking should be submitted
through www.regulations.gov.
Comments should be sent within 60
days of publication of this rulemaking.
The collection of information associated
with this rulemaking can be viewed at:
www.reginfo.gov/public/do/PRAMain.
OMB is required to make a decision
concerning the collection of information
contained in this rulemaking between
30 and 60 days after publication of this
rulemaking in the Federal Register.
Therefore, a comment to OMB is best
assured of having its full effect if OMB
receives it within 30 days of
publication. This does not affect the
deadline for the public to comment on
the provisions of this rulemaking.
The Department considers comments
by the public on new collection of
information in—
• Evaluating whether the new
collections of information are necessary
for the proper performance of the
functions of the Department, including
whether the information will have
practical utility;
• Evaluating the accuracy of the
Department’s estimate of the burden of
the new collection of information,
including the validity of the
methodology and assumptions used;
• Enhancing the quality, usefulness,
and clarity of the information to be
collected; and
• Minimizing the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
The collection of information
associated with this rulemaking
contained in 38 CFR 38.629 is described
immediately following this paragraph.
Title: Request for Payment of
Monetary Allowance for Outer Burial
Receptacles.
OMB Control No.: 2900–XXXX.
CFR Provision: 38 CFR 38.629.
• Summary of collection of
information: The new collection of
information in proposed 38 CFR 38.629
would require a State or Tribal
Organization to submit a request for
payment of monetary allowance for
OBRs placed at the time of interment,
and it would require individuals to
8129
submit a request for payment of
monetary allowance for a privately
purchased OBR.
• Description of need for information
and proposed use of information: The
information submitted on the request
form would be necessary to initiate
payment of entitlement. The
information would identify the claimant
and the amount claimed and would be
necessary to make determinations for
payment and for other budget, oversight
and compliance purposes associated
with administering this benefit for
burials in State and Tribal Organization
veterans cemeteries. In addition, VCGP
would need this data to answer
questions that arise during the course of
the year to respond to Congressional
correspondence.
• Description of likely respondents:
Primarily VCGP grantees that are States
and Tribal Organizations. A small
number of private individuals may be
respondents.
• Estimated number of respondents:
110 in FY2024.
• Estimated frequency of responses:
Quarterly for States and Tribal
Organizations that need to request
payment of monetary allowance for
burials where OBRs are placed at time
of interment. One time occurrence for
any individual who needs to claim
monetary allowance for a privately
purchased OBR.
• Estimated average burden per
response:
ESTIMATED BURDEN HOURS
(×) times
Estimated
number of
responses
Estimated
number of
respondents
Monetary Allowance for Privately Purchased OBR .........................................
Monetary Allowance for OBRs Placed at
Time of Interment .................................
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Accumulative Total ...........................
• Estimated total annual reporting
and recordkeeping burden: VA
estimates the total annual reporting and
recordkeeping burden to be 35 burden
hours. Based on an estimated number of
100 respondents filing one-time claims
with an average of 15 minutes for the
response, and an estimated number of
10 respondents filing claims quarterly
with an average of 15 minutes for the
response, the total annual reporting and
recordkeeping burden is estimated to be
35 hours.
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(×) times
Average
minutes
per response
=
(Equals)
minutes
Actual
number of
burden
hours
100
1
15
1,500
25
10
4
15
600
10
110
........................
........................
........................
35
• Estimated cost to respondents per
year: VA estimates the total annual cost
for all respondents to be $1041.60. To
estimate the total information collection
burden cost, VA used the Bureau of
Labor Statistics (BLS) mean hourly wage
for ‘‘all occupations’’ of $29.76 per hour.
This information is available at https://
www.bls.gov/oes/2022/may/oes_
nat.htm#00-0000. Based on the
estimated total annual burden of 35
hours, and using a mean hourly wage of
$29.76, VA estimates the total
information collection burden cost to be
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$1041.60 per year (35 hours × $29.76
per hour).
Assistance Listing
The Assistance Listing numbers and
titles for the programs affected by this
document are 64.201, National
Cemeteries; 64.203, State Cemetery
Grants; and 64.206, VA Outer Burial
Receptacle Allowance.
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List of Subjects in 38 CFR Parts 38 and
39
38 CFR Part 38
Administrative practice and
procedure, Cemeteries, Veterans.
38 CFR Part 39
Cemeteries, Grant programs—
veterans, Veterans.
Signing Authority
Denis McDonough, Secretary of
Veterans Affairs, signed and approved
this document on January 30, 2024, 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,
Regulation Development Coordinator Office
of Regulation Policy & Management, Office
of General Counsel, Department of Veterans
Affairs.
For the reasons stated in the
preamble, VA proposes to amend 38
CFR parts 38 and 39 as set forth below:
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, 531,
2306, 2400, 2402, 2403, 2404, 2407, 2408,
2411, 7105.
2. Amend § 38.629 as follows:
a. Revise the section heading and
paragraphs (b), (c), and (d);
■ b. Revise the paragraph (d) heading;
■ c. Redesignate paragraph (e) as
paragraph (f);
■ d. Add new paragraph (e);
■ e. Revise the heading to newly
redesignated paragraph (f) and revise
newly redesignated paragraphs (f)(1)
introductory text and (f)(2);
■ f. Remove newly redesignated (f)(3);
and
■ e. Add paragraphs (g) and (h).
The revisions and additions read as
follows:
■
■
§ 38.629
Outer burial receptacles.
ddrumheller on DSK120RN23PROD with PROPOSALS1
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*
*
*
*
(b) Purpose. (1) This section provides
for payment of a monetary allowance for
an outer burial receptacle for any
interment with casketed remains in a
VA national cemetery where a privately
purchased outer burial receptacle has
been used in lieu of a Governmentfurnished graveliner and, for any
interment on or after January 5, 2023, in
a cemetery that is the subject of a grant
to a State or Tribal Organization under
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16:48 Feb 05, 2024
Jkt 262001
38 U.S.C. 2408 where a privately
purchased outer burial receptacle has
been used.
(2) This section also provides for
payment of a monetary allowance for
outer burial receptacles placed at the
time of interment, for burials on or after
January 5, 2023, in a cemetery that is the
subject of a grant awarded to a State or
Tribal Organization under 38 U.S.C.
2408.
(3) This section also provides for
reimbursement of the cost of pre-placed
outer burial receptacles that are
installed as part of construction or
expansion of a cemetery that is the
subject of a grant awarded on or after
January 5, 2023, to a State or Tribal
Organization under 38 U.S.C. 2408.
(c) Subsequent interments. In burials
where a casket already exists in a grave
with or without an outer burial
receptacle, subsequent placement of a
second casket in an outer burial
receptacle will not be permitted in the
same grave unless the cemetery director
determines that the already interred
casket will not be damaged.
(d) Payment of monetary allowance
for privately purchased outer burial
receptacles. (1) VA will pay a monetary
allowance for each casket burial in a VA
national cemetery where a privately
purchased outer burial receptacle was
used in lieu of a Government-furnished
graveliner. Payment will be made to the
person identified in records contained
in the National Cemetery
Administration (NCA) electronic
ordering system as the person who paid
for the outer burial receptacle. No
application is required to receive
payment of this monetary allowance as
the payment is processed automatically
based on entry in the system.
(2) VA will pay a monetary allowance
for each casket burial in a cemetery that
is the subject of a grant to a State or
Tribal Organization under 38 U.S.C.
2408, where a privately purchased outer
burial receptacle was used on or after
January 5, 2023. The person who paid
for the outer burial receptacle must
submit a request for payment of the
allowance on the appropriate VA form.
The request must be verified by the
cemetery director where the burial
occurred.
(e) Payment of monetary allowance
for outer burial receptacles placed at
time of interment. (1) VA will pay a
monetary allowance for outer burial
receptacles placed at the time of
interment for burials on or after January
5, 2023, in a cemetery that is the subject
of a grant to a State or Tribal
Organization under 38 U.S.C. 2408.
Such payments may be issued on a
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Frm 00048
Fmt 4702
Sfmt 4702
quarterly basis and will be paid to the
State Agency or Tribal Organization.
(2) VA will pay the allowance only if
a State or Tribal Organization submits a
request for payment on the appropriate
VA form. Requests may be submitted on
a quarterly basis for the total number of
burials that required an outer burial
receptacle in that quarter and for which
a fee for the outer burial receptacle was
not charged to the decedent’s family or
other responsible party. Requests for
payment under this section must be
submitted within one year of interment.
(3) No payment may be made for
burials where a fee for the outer burial
receptacle was charged to the decedent’s
family or other responsible party.
(f) Amount of the monetary
allowance. (1) The monetary allowance
will be the average cost, as determined
by VA, of Government-furnished
graveliners, less the administrative costs
incurred by VA in processing and
paying the allowance.
*
*
*
*
*
(2) The amount of the allowance for
each calendar year will be published in
the ‘‘Notices’’ section of the Federal
Register. The Federal Register notice
will also provide, as information, the
determined average cost of Governmentfurnished graveliners and the
determined amount of the
administrative costs to be deducted.
(g) Reimbursement for pre-placed
outer burial receptacles. (1) VA will
reimburse the cost of outer burial
receptacles that are pre-placed as part of
new construction, expansion, or
improvement of a cemetery that is the
subject of a grant to a State or Tribal
Organization under 38 U.S.C. 2408 if the
grant was awarded on or after January
5, 2023. The reimbursement will be paid
to the State or Tribal Organization or, if
designated by the State or Tribal
Organization representative, the State or
Tribal veterans cemetery for which such
project is being carried out, or to any
other State or Tribal Organization
agency or instrumentality.
(2) States and Tribal Organizations
must submit a request for
reimbursement of the cost of pre-placed
outer burial receptacles using Standard
Form 271, Outlay Report and Request
for Reimbursement for Construction
Programs, with supporting
documentation. The Director of the
Veterans Cemetery Grants Program must
review and certify the request for
payment. Funds paid under this section
for pre-placed outer burial receptacles,
as part of an approved establishment,
expansion, and improvement project,
shall be used solely for payment of such
outer burial receptacles. As a condition
E:\FR\FM\06FEP1.SGM
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Federal Register / Vol. 89, No. 25 / Tuesday, February 6, 2024 / Proposed Rules
for payment, the representative of the
State or Tribal Organization must
submit to VA an invoice reporting the
cost for purchase and delivery of outer
burial receptacles.
(h) Audits. A State or Tribal
Organization that seeks reimbursement
for the cost of outer burial receptacles
under this section will be subject to
inspections, audits and reports in
accordance with § 39.122.
(Authority: 38 U.S.C. 2306(e))
PART 39—AID FOR THE
ESTABLISHMENT, EXPANSION, AND
IMPROVEMENT, OR OPERATION AND
MAINTENANCE, OF VETERANS
CEMETERIES
3. The authority citation for part 39
continues to read as follows:
■
Authority: 38 U.S.C. 101, 501, 2408, 2411,
3765.
4. Amend § 39.50 as follows:
a. Remove ‘‘preplaced liners or
crypts,’’ from paragraph (b)(2); and
■ b. Add paragraph (e);
The addition reads as follows:
■
■
§ 39.50
Amount of grant.
*
*
*
*
*
(e) VA will reimburse the cost of
preplaced outer burial receptacles
separately in accordance with § 38.629.
*
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*
*
*
■ 5. Amend § 39.122 by revising
paragraph (a) to read as follows:
§ 39.122
Inspections, audits, and reports.
(a) A State or Tribal Organization will
allow VA inspectors and auditors to
conduct inspections as necessary to
ensure compliance with the provisions
of this part and with provisions of
§ 38.629 regarding outer burial
receptacles. The State or Tribal
Organization will provide to VA
evidence that it has met its
responsibilities under the Single Audit
Act of 1984.
*
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[FR Doc. 2024–02183 Filed 2–5–24; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
ddrumheller on DSK120RN23PROD with PROPOSALS1
40 CFR Part 52
[EPA–R03–OAR–2023–0629; FRL–11261–
01–R3]
Air Plan Approval; Virginia; 1997 8Hour Ozone National Ambient Air
Quality Standard Second Maintenance
Plan for the Fredericksburg Area
Environmental Protection
Agency (EPA).
AGENCY:
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16:48 Feb 05, 2024
Jkt 262001
ACTION:
Proposed rule.
The Environmental Protection
Agency (EPA) is proposing to approve a
state implementation plan (SIP) revision
submitted by the Commonwealth of
Virginia. This revision pertains to the
Commonwealth’s plan, submitted by the
Virginia Department of Environmental
Quality (VADEQ), for maintaining the
1997 8-hour ozone national ambient air
quality standards (NAAQS) (referred to
as the ‘‘1997 ozone NAAQS’’) in the
Fredericksburg, Virginia Area
(Fredericksburg Area). This action is
being taken under the Clean Air Act
(CAA).
DATES: Written comments must be
received on or before March 7, 2024.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2023–0629 at
www.regulations.gov, or via email to
Gordon.Mike@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, 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. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.,
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
www.epa.gov/dockets/commenting-epadockets.
FOR FURTHER INFORMATION CONTACT:
Serena Nichols, Planning &
Implementation Branch (3AD30), Air &
Radiation Division, U.S. Environmental
Protection Agency, Region III, 1600 John
F Kennedy Boulevard, Philadelphia,
Pennsylvania 19103. The telephone
number is (215) 814–2053. Ms. Nichols
can also be reached via electronic mail
at Nichols.Serena@epa.gov.
SUPPLEMENTARY INFORMATION: On May
25, 2023, the VADEQ submitted a
revision to the Virginia SIP to
SUMMARY:
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Fmt 4702
Sfmt 4702
8131
incorporate a plan for maintaining the
1997 ozone NAAQS in the
Fredericksburg Area through January 23,
2026,1 in accordance with CAA section
175A.
I. Background
In 1979, under section 109 of the
CAA, EPA established primary and
secondary NAAQS for ozone at 0.12
parts per million (ppm), averaged over
a 1-hour period. 44 FR 8202 (February
8, 1979). On July 18, 1997 (62 FR
38856),2 EPA revised the primary and
secondary NAAQS for ozone to set the
acceptable level of ozone in the ambient
air at 0.08 ppm, averaged over an 8-hour
period. EPA set the 1997 ozone NAAQS
based on scientific evidence
demonstrating that ozone causes
adverse health effects at lower
concentrations and over longer periods
of time than was understood when the
pre-existing 1-hour ozone NAAQS was
set.
Following promulgation of a new or
revised NAAQS, EPA is required by the
CAA to designate areas throughout the
nation as attaining or not attaining the
NAAQS. On April 30, 2004 (69 FR
23858), EPA designated the
Fredericksburg Area as nonattainment
for the 1997 ozone NAAQS. The
Fredericksburg Area consists of the city
of Fredericksburg, and the counties of
Spotsylvania and Stafford.
Once a nonattainment area has three
years of complete and certified air
quality data that has been determined to
attain the NAAQS, and the area has met
the other criteria outlined in CAA
section 107(d)(3)(E),3 the state can
submit a request to EPA to redesignate
the area to attainment. Areas that have
1 The state submission indicates that the twentyyear maintenance period expires on December 31,
2025. This discrepancy is likely due to EPA’s
December 23, 2005 redesignation and initial
approval of the maintenance plan, in which it
mistakenly listed the publication date as the
effective date. 70 FR 76165. EPA subsequently
corrected the effective date, found in 40 CFR part
81, to January 23, 2006. 72 FR 68515 (December 5,
2007). Thus, the expiration date of the twenty-year
maintenance period is January 23, 2026.
2 In March 2008, EPA completed another review
of the primary and secondary ozone standards and
tightened them further by lowering the level for
both to 0.075 ppm. 73 FR 16436 (March 27, 2008).
Additionally, in October 2015, EPA completed a
review of the primary and secondary ozone
standards and tightened them by lowering the level
for both to 0.70 ppm. 80 FR 65292 (October 26,
2015).
3 The requirements of CAA section 107(d)(3)(E)
include attainment of the NAAQS, full approval
under section 110(k) of the applicable SIP,
determination that improvement in air quality is a
result of permanent and enforceable reductions in
emissions, demonstration that the state has met all
applicable section 110 and part D requirements, and
a fully approved maintenance plan under CAA
section 175A.
E:\FR\FM\06FEP1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 25 (Tuesday, February 6, 2024)]
[Proposed Rules]
[Pages 8126-8131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02183]
=======================================================================
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Parts 38 and 39
RIN 2900-AR82
Outer Burial Receptacles
AGENCY: Department of Veterans Affairs.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Veterans Affairs (VA) proposes to revise its
regulation that governs the outer burial receptacle (OBR) monetary
allowance for burials in a VA national cemetery when a privately
purchased OBR is used in lieu of a Government-furnished graveliner.
First, VA proposes to expand applicability of the monetary allowance to
burials in VA grant-funded State and Tribal cemeteries when a privately
purchased OBR was used, or where an OBR is placed at the time of
interment, at the cost of the State or Tribal Organization. Second, VA
proposes to reimburse States and Tribal Organizations for OBRs that are
pre-placed as part of a new construction or expansion grant project. In
addition, VA proposes minor conforming revisions to its regulations
governing aid for the establishment, expansion and improvement of
veterans cemeteries to clarify that VA will reimburse the cost of
preplaced OBRs separately from the grant award. These changes would
implement new authorities provided in the Johnny Isakson and David P.
Roe, M.D Veterans Health Care and Benefits Improvement Act of 2020. VA
also proposes to amend the regulation governing OBRs by removing
retroactive provisions no longer needed because the relevant time
period has passed.
DATES: Comments must be received on or before April 8, 2024.
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; however, we will post 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 will not be considered in the final
rulemaking. In accordance with the Providing Accountability Through
Transparency Act of 2023, a 100 word Plain-Language Summary of this
proposed rule is available at Regulations.gov, under RIN 2900-AR82.
FOR FURTHER INFORMATION CONTACT: Michelle Myers, Management and Program
Analyst, Policy and Regulatory Service, National Cemetery
Administration, Department of Veterans
[[Page 8127]]
Affairs, 810 Vermont Avenue NW, Washington, DC 20420. Telephone: (720)
607-0364. (This is not a toll-free number.)
SUPPLEMENTARY INFORMATION:
Background
Section 2306(e) of title 38, United States Code (U.S.C.),
authorizes VA to provide an OBR for each new grave used for casketed
remains in an open VA national cemetery. VA has implemented this
authority in three ways: providing pre-placed OBRs as part of new
construction or expansion of national cemeteries; installing a
Government-furnished graveliner at the time of interment; and providing
a monetary allowance for burials where the OBR was privately purchased.
Pre-placed OBRs are installed in the ground during construction of a
cemetery site, then covered with soil and grass. When needed for a
burial, the area is unearthed, and the casket is placed. This allows
for more efficient use of cemetery space, more efficient operations and
improved appearance through the elimination of sunken graves. For
gravesites where OBRs were not pre-placed during construction, VA may
provide a graveliner at the time of interment. Typically, a Government-
furnished graveliner placed at the time of interment is pre-cast
concrete and maintains the integrity of the soil around the grave,
eliminating sunken graves and improving cemetery appearance.
In some cases, families choose to use a privately purchased OBR in
lieu of a Government-furnished graveliner. Section 2306(e)(4)
authorizes VA to use a voucher system or other system of reimbursement
to pay for OBRs for burials in a VA cemetery, and in December 2000, VA
first implemented regulations to administer this authority as a
monetary allowance in 38 CFR 38.629 (65 FR 76937).
New Authority
On January 5, 2021, sec. 2203 of Public Law 116-315, the Johnny
Isakson and David P. Roe, M.D Veterans Health Care and Benefits
Improvement Act of 2020, amended section 2306(e) to expand
applicability of the OBR program to burials in cemeteries that are the
subject of a grant to a State or Tribal Organization under 38 U.S.C.
2408.
To implement this new authority, VA proposes to revise Sec. 38.629
to include provision of OBRs for gravesites in State or Tribal
Organization cemeteries funded through VA grants. Specifically, we
propose to redesignate paragraph (b) as paragraph (b)(1) and revise
redesignated paragraph (b)(1) by adding language to the existing
purpose statement to include payment of a monetary allowance for
interments in grant-funded cemeteries where a privately purchased OBR
has been used. As well, we propose adding new paragraphs (b)(2) and (3)
to explain that the purpose of the section now also provides for
payment of a monetary allowance for OBRs placed at the time of
interment in grant-funded cemeteries and for reimbursement of the cost
for OBRs that are pre-placed as part of construction, expansion, or
improvement of a grant-funded cemetery. These amendments establish that
VA will use Sec. 38.629 to regulate both the monetary allowance and
reimbursements associated with OBRs for burials in VA grantee-
cemeteries.
VA proposes minor revisions to the heading and text of paragraph
(c) to clarify that the content of the paragraph refers to subsequent
interments with privately purchased OBRs. In burials where a casket
already exists in a grave with or without an OBR, subsequent placement
of a second casket in an OBR would not be permitted in the same grave
unless the cemetery director determines that the already interred
casket would not be damaged. We propose replacing the current reference
to ``graveliner'' in paragraph (c) with the broader term of ``outer
burial receptacle'' to be more consistent with terminology used
throughout the regulatory text. As well, we propose removing the word
``national'' to make the paragraph applicable to VA grant-funded
cemetery directors, who now have responsibilities related to potential
use of privately purchased OBRs. These revisions clarify the meaning
and applicability of the paragraph.
Monetary Allowance for Privately Purchased OBRs
VA proposes to revise the heading of paragraph (d) to specify that
the provision refers to payment of monetary allowance for privately
purchased OBRs and to redesignate paragraph (d) as paragraph (d)(1). VA
proposes to add a new paragraph (d)(2) to specify provision of a
monetary allowance for burials in a grant-funded cemetery where a
privately purchased OBR was used. VA would require a request for
payment from the person who paid for the OBR along with evidence of
such payment. The request must be verified by the cemetery director
where the burial occurred. Since this authority is effective, by law,
on and after January 5, 2023, the revision would include the effective
date.
Monetary Allowance for OBRs Placed at Time of Interment
VA proposes to redesignate paragraph (e) as (f) and add new
paragraph (e) to provide for payment of monetary allowance for OBRs
placed at time of interment. VA would pay an allowance to a State or
Tribal Organization for OBRs placed at the time of interment for
burials in a grantee cemetery. Since this authority is effective, by
law, on and after January 5, 2023, the revision would include the
effective date. VA proposes to issue payment on a quarterly basis for
the total number of burials that occurred during the quarter, when
requested by the State or Tribal Organization on the approved VA
application form. Since the monetary allowance for a single OBR is a
relatively small amount, VA proposes a quarterly basis as a reasonable
approach to minimize the number of applications for payment that need
to be submitted by the States and Tribal Organizations and to allow for
efficient management and processing of the requests by VA. Rather than
requiring a separate application for each relevant interment, States
and Tribal Organizations would submit one application for all OBRs used
at time of interment during each quarter. In addition, proposed
paragraph (e)(3) would establish that payment may not be made for
burials where a fee for the OBR was charged to the decedent's family or
other responsible party.
Reimbursement for OBRs Pre-Placed as Part of Construction
VA proposes to add a new paragraph (g) to provide for reimbursement
of the cost of OBRs that are pre-placed as part of new construction,
expansion or improvement of a grant-funded cemetery. VA proposes to
reimburse States and Tribal Organizations for the cost of pre-placed
OBRs installed in conjunction with construction and expansion cemetery
grants. States and Tribal Organizations would be required to submit a
request for reimbursement using Standard Form 271, Outlay Report and
Request for Reimbursement for Construction Programs. This approach is
standard for requesting reimbursement for construction projects and is
already used by the Veterans Cemetery Grants Program (VCGP) as part of
the grant award process. The information required for determining the
cost and the agency entitled to reimbursement is included in
information already being collected as part of the veterans cemetery
grant application and award process, so there would be no impact
regarding the Paperwork Reduction Act. This
[[Page 8128]]
provision for reimbursement aligns administration of the OBR benefit
for VA grant-funded cemeteries with that of VA national cemeteries.
Audit Provisions
VA proposes to add a new paragraph (h) to establish that a State or
Tribal Organization that seeks payment in the form of reimbursement or
monetary allowance for OBRs under Sec. 38.629 would be subject to
related inspections, audits, and reporting. Grant-funded cemeteries
already are subject to inspections, audits, and reporting under Sec.
39.122 to ensure compliance with regulatory provisions governing the
VCGP; however, VA wants to ensure that grant-funded cemeteries that are
seeking payment for OBRs under Sec. 38.629 are fully advised in
regulation that such requests and payments are subject to inspections,
audits, and reporting.
Accordingly, VA proposes to also revise Sec. 39.122, which governs
inspections, audits, and reports related to the VCGP. VA proposes to
revise paragraph (a) to require a State or Tribal Organization to allow
VA inspectors and auditors to conduct inspections as necessary to
ensure compliance with the provisions of part 39 and with the
provisions of Sec. 38.629 regarding OBRs. This would ensure that grant
recipients are aware that if they seek payment for OBRs in accordance
with Sec. 38.629, they would be subject to inspection, audit, and
reporting requirements related to such payments.
Removing Outdated Provisions
VA proposes to amend Sec. 38.629 to remove outdated retroactive
provisions by removing references to dates in paragraphs (d) and (e).
Current paragraph (d) restricts the monetary allowance to burials where
a privately purchased OBR was used on and after October 9, 1996, and
includes a specific provision for making payment for burials during the
period October 9, 1996, through December 31, 1999. These provisions
were included because the OBR allowance authority took effect on
October 9, 1996, before the regulations were finalized on December 8,
2000. However, those portions of current paragraph (d) are no longer
necessary since the relevant time periods have passed.
Similarly, current paragraphs (e)(1) and (2) each refer to the
timeframe for VA's annual publication in a Federal Register notice of
the OBR reimbursement amount from ``calendar year 2000 and each
calendar year thereafter.'' The references to calendar year 2000 are no
longer necessary, and we propose removing them from the regulation in
redesignated paragraphs (f)(1) and (f)(2). Finally, current paragraph
(e)(3) (or redesignated paragraph (f)(3)) establishes that the amount
of the monetary allowance for calendar year 2000 will be used for
payment of any allowances for interments that occurred during the
period from October 9, 1996, through December 31, 1999. That paragraph
is no longer necessary because the relevant time period has passed.
Because the OBR payments would be calculated annually, VA would only
pay the current amount for qualifying interments for that calendar
year.
Section Title
VA proposes to revise the title of Sec. 38.629 from ``Outer Burial
Receptacle Allowance'' to ``Outer Burial Receptacles'' to reflect the
change in scope of the regulation, which previously only included
provision of an allowance for privately purchased OBRs, but would now
include reimbursement to grant-funded cemeteries for procurement costs
of OBRs.
Clarifying Sec. 39.50
Finally, VA proposes to revise Sec. 39.50 to clarify that VA would
reimburse the cost of pre-placed OBRs separately from the grant award.
Section 39.50 governs the amount of grants awarded under subpart B--
Establishment, Expansion, and Improvement Projects. First, VA proposes
to delete the phrase ``preplaced liners or crypts,'' from Sec.
39.50(b)(2) where it is included as one of the examples of costs that
may be included in the total cost of a project. Since VA is now
authorized to provide OBRs to grant-funded cemeteries, the cost of
those items should not be included in the total cost of the project
when determining the amount of a grant. Second, VA proposes to insert a
new paragraph (e) to clarify that VA would reimburse the cost of
preplaced OBRs separately, in accordance with the new provisions of
Sec. 38.629.
Executive Orders 12866, 13563 and 14094
Executive Order 12866 (Regulatory Planning and Review) directs
agencies to assess the costs and benefits of available regulatory
alternatives and, when regulation is necessary, to select regulatory
approaches that maximize net benefits (including potential economic,
environmental, public health and safety effects, and other advantages;
distributive impacts; and equity). Executive Order 13563 (Improving
Regulation and Regulatory Review) emphasizes the importance of
quantifying both costs and benefits, reducing costs, harmonizing rules,
and promoting flexibility. Executive Order 14094 (Modernizing
Regulatory Review) supplements and reaffirms the principles,
structures, and definitions governing contemporary regulatory review
established in Executive Orders 12866 and 13563. The Office of
Information and Regulatory Affairs has determined that this rulemaking
is not a significant regulatory action under Executive Order 12866, as
amended by Executive Order 14094. The Regulatory Impact Analysis
associated with this rulemaking can be found as a supporting document
at www.regulations.gov.
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 Secretary acknowledges that this rule may affect
some Tribal governments that may be considered small entities; however,
the economic impact would be entirely beneficial. This proposed rule
would impose no mandatory requirements or costs on Tribal governments
as a whole and would only affect those that are recipients of veterans
cemetery grants. To the extent that small entities are affected, the
impact of this proposed rule would be entirely beneficial as it would
provide reimbursement for costs of OBRs associated with casketed
burials in grant-funded cemeteries. 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.
Paperwork Reduction Act
This proposed rule includes provisions constituting a new
collection of information under the Paperwork Reduction Act of 1995 (44
U.S.C. 3501-3521) that require approval by the Office
[[Page 8129]]
of Management and Budget (OMB). Accordingly, under 44 U.S.C. 3507(d),
VA has submitted a copy of this rulemaking action to OMB for review and
approval.
OMB assigns control numbers to collection of information it
approves. VA may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. If OMB does not approve the
collection of information as requested, VA will immediately remove the
provisions containing the collection of information or take such other
action as is directed by OMB.
Comments on the new collection of information contained in this
rulemaking should be submitted through www.regulations.gov. Comments
should be sent within 60 days of publication of this rulemaking. The
collection of information associated with this rulemaking can be viewed
at: www.reginfo.gov/public/do/PRAMain.
OMB is required to make a decision concerning the collection of
information contained in this rulemaking between 30 and 60 days after
publication of this rulemaking in the Federal Register. Therefore, a
comment to OMB is best assured of having its full effect if OMB
receives it within 30 days of publication. This does not affect the
deadline for the public to comment on the provisions of this
rulemaking.
The Department considers comments by the public on new collection
of information in--
Evaluating whether the new collections of information are
necessary for the proper performance of the functions of the
Department, including whether the information will have practical
utility;
Evaluating the accuracy of the Department's estimate of
the burden of the new collection of information, including the validity
of the methodology and assumptions used;
Enhancing the quality, usefulness, and clarity of the
information to be collected; and
Minimizing the burden of the collection of information on
those who are to respond, including through the use of appropriate
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g., permitting
electronic submission of responses.
The collection of information associated with this rulemaking
contained in 38 CFR 38.629 is described immediately following this
paragraph.
Title: Request for Payment of Monetary Allowance for Outer Burial
Receptacles.
OMB Control No.: 2900-XXXX.
CFR Provision: 38 CFR 38.629.
Summary of collection of information: The new collection
of information in proposed 38 CFR 38.629 would require a State or
Tribal Organization to submit a request for payment of monetary
allowance for OBRs placed at the time of interment, and it would
require individuals to submit a request for payment of monetary
allowance for a privately purchased OBR.
Description of need for information and proposed use of
information: The information submitted on the request form would be
necessary to initiate payment of entitlement. The information would
identify the claimant and the amount claimed and would be necessary to
make determinations for payment and for other budget, oversight and
compliance purposes associated with administering this benefit for
burials in State and Tribal Organization veterans cemeteries. In
addition, VCGP would need this data to answer questions that arise
during the course of the year to respond to Congressional
correspondence.
Description of likely respondents: Primarily VCGP grantees
that are States and Tribal Organizations. A small number of private
individuals may be respondents.
Estimated number of respondents: 110 in FY2024.
Estimated frequency of responses: Quarterly for States and
Tribal Organizations that need to request payment of monetary allowance
for burials where OBRs are placed at time of interment. One time
occurrence for any individual who needs to claim monetary allowance for
a privately purchased OBR.
Estimated average burden per response:
Estimated Burden Hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
(x) times (x) times
Estimated Estimated Average = (Equals) Actual number
number of number of minutes per minutes / by 60 = of burden
respondents responses response hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
Monetary Allowance for Privately Purchased OBR.......... 100 1 15 1,500 25
Monetary Allowance for OBRs Placed at Time of Interment. 10 4 15 600 10
-----------------------------------------------------------------------------------------------
Accumulative Total.................................. 110 .............. .............. .............. 35
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated total annual reporting and recordkeeping burden:
VA estimates the total annual reporting and recordkeeping burden to be
35 burden hours. Based on an estimated number of 100 respondents filing
one-time claims with an average of 15 minutes for the response, and an
estimated number of 10 respondents filing claims quarterly with an
average of 15 minutes for the response, the total annual reporting and
recordkeeping burden is estimated to be 35 hours.
Estimated cost to respondents per year: VA estimates the
total annual cost for all respondents to be $1041.60. To estimate the
total information collection burden cost, VA used the Bureau of Labor
Statistics (BLS) mean hourly wage for ``all occupations'' of $29.76 per
hour. This information is available at https://www.bls.gov/oes/2022/may/oes_nat.htm#00-0000. Based on the estimated total annual burden of
35 hours, and using a mean hourly wage of $29.76, VA estimates the
total information collection burden cost to be $1041.60 per year (35
hours x $29.76 per hour).
Assistance Listing
The Assistance Listing numbers and titles for the programs affected
by this document are 64.201, National Cemeteries; 64.203, State
Cemetery Grants; and 64.206, VA Outer Burial Receptacle Allowance.
[[Page 8130]]
List of Subjects in 38 CFR Parts 38 and 39
38 CFR Part 38
Administrative practice and procedure, Cemeteries, Veterans.
38 CFR Part 39
Cemeteries, Grant programs--veterans, Veterans.
Signing Authority
Denis McDonough, Secretary of Veterans Affairs, signed and approved
this document on January 30, 2024, 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,
Regulation Development Coordinator Office of Regulation Policy &
Management, Office of General Counsel, Department of Veterans Affairs.
For the reasons stated in the preamble, VA proposes to amend 38 CFR
parts 38 and 39 as set forth below:
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, 531, 2306, 2400, 2402,
2403, 2404, 2407, 2408, 2411, 7105.
0
2. Amend Sec. 38.629 as follows:
0
a. Revise the section heading and paragraphs (b), (c), and (d);
0
b. Revise the paragraph (d) heading;
0
c. Redesignate paragraph (e) as paragraph (f);
0
d. Add new paragraph (e);
0
e. Revise the heading to newly redesignated paragraph (f) and revise
newly redesignated paragraphs (f)(1) introductory text and (f)(2);
0
f. Remove newly redesignated (f)(3); and
0
e. Add paragraphs (g) and (h).
The revisions and additions read as follows:
Sec. 38.629 Outer burial receptacles.
* * * * *
(b) Purpose. (1) This section provides for payment of a monetary
allowance for an outer burial receptacle for any interment with
casketed remains in a VA national cemetery where a privately purchased
outer burial receptacle has been used in lieu of a Government-furnished
graveliner and, for any interment on or after January 5, 2023, in a
cemetery that is the subject of a grant to a State or Tribal
Organization under 38 U.S.C. 2408 where a privately purchased outer
burial receptacle has been used.
(2) This section also provides for payment of a monetary allowance
for outer burial receptacles placed at the time of interment, for
burials on or after January 5, 2023, in a cemetery that is the subject
of a grant awarded to a State or Tribal Organization under 38 U.S.C.
2408.
(3) This section also provides for reimbursement of the cost of
pre-placed outer burial receptacles that are installed as part of
construction or expansion of a cemetery that is the subject of a grant
awarded on or after January 5, 2023, to a State or Tribal Organization
under 38 U.S.C. 2408.
(c) Subsequent interments. In burials where a casket already exists
in a grave with or without an outer burial receptacle, subsequent
placement of a second casket in an outer burial receptacle will not be
permitted in the same grave unless the cemetery director determines
that the already interred casket will not be damaged.
(d) Payment of monetary allowance for privately purchased outer
burial receptacles. (1) VA will pay a monetary allowance for each
casket burial in a VA national cemetery where a privately purchased
outer burial receptacle was used in lieu of a Government-furnished
graveliner. Payment will be made to the person identified in records
contained in the National Cemetery Administration (NCA) electronic
ordering system as the person who paid for the outer burial receptacle.
No application is required to receive payment of this monetary
allowance as the payment is processed automatically based on entry in
the system.
(2) VA will pay a monetary allowance for each casket burial in a
cemetery that is the subject of a grant to a State or Tribal
Organization under 38 U.S.C. 2408, where a privately purchased outer
burial receptacle was used on or after January 5, 2023. The person who
paid for the outer burial receptacle must submit a request for payment
of the allowance on the appropriate VA form. The request must be
verified by the cemetery director where the burial occurred.
(e) Payment of monetary allowance for outer burial receptacles
placed at time of interment. (1) VA will pay a monetary allowance for
outer burial receptacles placed at the time of interment for burials on
or after January 5, 2023, in a cemetery that is the subject of a grant
to a State or Tribal Organization under 38 U.S.C. 2408. Such payments
may be issued on a quarterly basis and will be paid to the State Agency
or Tribal Organization.
(2) VA will pay the allowance only if a State or Tribal
Organization submits a request for payment on the appropriate VA form.
Requests may be submitted on a quarterly basis for the total number of
burials that required an outer burial receptacle in that quarter and
for which a fee for the outer burial receptacle was not charged to the
decedent's family or other responsible party. Requests for payment
under this section must be submitted within one year of interment.
(3) No payment may be made for burials where a fee for the outer
burial receptacle was charged to the decedent's family or other
responsible party.
(f) Amount of the monetary allowance. (1) The monetary allowance
will be the average cost, as determined by VA, of Government-furnished
graveliners, less the administrative costs incurred by VA in processing
and paying the allowance.
* * * * *
(2) The amount of the allowance for each calendar year will be
published in the ``Notices'' section of the Federal Register. The
Federal Register notice will also provide, as information, the
determined average cost of Government-furnished graveliners and the
determined amount of the administrative costs to be deducted.
(g) Reimbursement for pre-placed outer burial receptacles. (1) VA
will reimburse the cost of outer burial receptacles that are pre-placed
as part of new construction, expansion, or improvement of a cemetery
that is the subject of a grant to a State or Tribal Organization under
38 U.S.C. 2408 if the grant was awarded on or after January 5, 2023.
The reimbursement will be paid to the State or Tribal Organization or,
if designated by the State or Tribal Organization representative, the
State or Tribal veterans cemetery for which such project is being
carried out, or to any other State or Tribal Organization agency or
instrumentality.
(2) States and Tribal Organizations must submit a request for
reimbursement of the cost of pre-placed outer burial receptacles using
Standard Form 271, Outlay Report and Request for Reimbursement for
Construction Programs, with supporting documentation. The Director of
the Veterans Cemetery Grants Program must review and certify the
request for payment. Funds paid under this section for pre-placed outer
burial receptacles, as part of an approved establishment, expansion,
and improvement project, shall be used solely for payment of such outer
burial receptacles. As a condition
[[Page 8131]]
for payment, the representative of the State or Tribal Organization
must submit to VA an invoice reporting the cost for purchase and
delivery of outer burial receptacles.
(h) Audits. A State or Tribal Organization that seeks reimbursement
for the cost of outer burial receptacles under this section will be
subject to inspections, audits and reports in accordance with Sec.
39.122.
(Authority: 38 U.S.C. 2306(e))
PART 39--AID FOR THE ESTABLISHMENT, EXPANSION, AND IMPROVEMENT, OR
OPERATION AND MAINTENANCE, OF VETERANS CEMETERIES
0
3. The authority citation for part 39 continues to read as follows:
Authority: 38 U.S.C. 101, 501, 2408, 2411, 3765.
0
4. Amend Sec. 39.50 as follows:
0
a. Remove ``preplaced liners or crypts,'' from paragraph (b)(2); and
0
b. Add paragraph (e);
The addition reads as follows:
Sec. 39.50 Amount of grant.
* * * * *
(e) VA will reimburse the cost of preplaced outer burial
receptacles separately in accordance with Sec. 38.629.
* * * * *
0
5. Amend Sec. 39.122 by revising paragraph (a) to read as follows:
Sec. 39.122 Inspections, audits, and reports.
(a) A State or Tribal Organization will allow VA inspectors and
auditors to conduct inspections as necessary to ensure compliance with
the provisions of this part and with provisions of Sec. 38.629
regarding outer burial receptacles. The State or Tribal Organization
will provide to VA evidence that it has met its responsibilities under
the Single Audit Act of 1984.
* * * * *
[FR Doc. 2024-02183 Filed 2-5-24; 8:45 am]
BILLING CODE 8320-01-P
