Rule2022-17637
Requesting Disinterment of an Eligible Decedent From a National Cemetery
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 17, 2022
Effective
September 16, 2022
Issuing agencies
Veterans Affairs Department
Abstract
The Department of Veterans Affairs (VA) is amending its regulations governing disinterment of eligible decedents interred in VA national cemeteries to clarify that, if the individual who initiated the interment does not consent to a disinterment or is not alive to provide consent, or all living immediate family members are not in agreement, anyone seeking disinterment of an eligible decedent must obtain an order from a court or State instrumentality of competent jurisdiction to direct the disinterment.
Full Text
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<title>Federal Register, Volume 87 Issue 158 (Wednesday, August 17, 2022)</title>
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[Federal Register Volume 87, Number 158 (Wednesday, August 17, 2022)]
[Rules and Regulations]
[Pages 50574-50575]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-17637]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 38
RIN 2900-AR43
Requesting Disinterment of an Eligible Decedent From a National
Cemetery
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: The Department of Veterans Affairs (VA) is amending its
regulations governing disinterment of eligible decedents interred in VA
national cemeteries to clarify that, if the individual who initiated
the interment does not consent to a disinterment or is not alive to
provide consent, or all living immediate family members are not in
agreement, anyone seeking disinterment of an eligible decedent must
obtain an order from a court or State instrumentality of competent
jurisdiction to direct the disinterment.
DATES: This rule is effective September 16, 2022.
FOR FURTHER INFORMATION CONTACT: Alan Amelinckx, Management and Program
Analyst, National Cemetery Administration, Department of Veterans
Affairs, 810 Vermont Avenue NW, Washington, DC 20420. Telephone: 202-
461-5658 (this is not a toll-free number).
SUPPLEMENTARY INFORMATION: On February 9, 2022, VA published in the
Federal Register (87 FR 7402) a proposed rule revising its regulation
to clarify that disinterment from a national cemetery will be approved
only when a court order or State instrumentality of competent
jurisdiction directs the disinterment, or when all living immediate
family members of the decedent, and the individual who initiated the
interment (whether or not the individual is a member of the immediate
family), give their written consent. The public comment period ended on
April 11, 2022. VA received one comment that generally supported the
rule but expressed concern about costs associated for claimants
requesting disinterment. The commenter restated VA's Paperwork
Reduction Act burden analysis and advised VA to include those costs on
VA Form 40-4970, Request for Disinterment, to avoid negative outcomes
for families who would incur those costs. We clarify that the burden
analysis is required to justify the collection of information and
inform the public of the time and cost of the public's time in
providing the information. Those ``costs'' are not transferred to
individuals seeking to request disinterment through the submission of
VA Form 40-4970. The revision to the form, which is currently approved
by the Office of Management and Budget (OMB) under OMB control number
2900-0365, will not result in any increase or decrease in respondents,
respondent burden hours, or respondent burden costs. Therefore, VA
makes no changes based on the comment.
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 <a href="http://www.regulations.gov">www.regulations.gov</a>.
Regulatory Flexibility Act
The Secretary hereby certifies that this final rule will have no
significant economic impact on a substantial number of small entities
as they are defined in the Regulatory Flexibility Act (5 U.S.C. 601-
612). This certification is justified because most disinterment
requests are submitted by families. Although a local court or State
instrumentality may be involved if all living family members do not
consent to a contemplated disinterment request, or the individual who
initiated the interment does not consent to the disinterment or is not
alive to provide consent, processing and adjudicating a request for
disinterment as directed by a court order or State instrumentality
would likely be rare and would be conducted as part of that entity's
routine operations. VA cannot estimate the number of entities that may
be affected by this final rule given that each disinterment case is
based on the unique needs of families. 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 an 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 final rule will have no such effect on
State, local, and tribal governments, or on the private sector.
[[Page 50575]]
Paperwork Reduction Act
This final rule includes provisions constituting a revised
collection of information under the Paperwork Reduction Act of 1995 (44
U.S.C. 3501-3521) that require approval by the Office 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 has
reviewed and approved this revised collection of information and
assigned OMB control number 2900-0365.
Congressional Review Act
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
the Office of Information and Regulatory Affairs designated this rule
as not a major rule, as defined by 5 U.S.C. 804(2).
List of Subjects in 38 CFR Part 38
Administrative practice and procedure, Cemeteries, Claims, Crime,
Veterans.
Signing Authority
Denis McDonough, Secretary of Veterans Affairs, approved this
document on August 10, 2022, 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 set forth in the preamble, VA amends 38 CFR part 38
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, 2306, 2402, 2403, 2404,
2407, 2408, 2411, 7105.
0
2. Revise Sec. 38.621 to read as follows:
Sec. 38.621 Disinterments.
(a) Interments of eligible decedents in national cemeteries are
considered permanent and final. Disinterment will be permitted only for
cogent reasons and with the prior written authorization of the National
Cemetery District Executive Director or Cemetery Director responsible
for the cemetery involved. Disinterment from a national cemetery will
be approved only when:
(1) A court order or State instrumentality of competent
jurisdiction directs the disinterment; or
(2) All living immediate family members of the decedent, and the
individual who initiated the interment (whether or not the individual
is a member of the immediate family), give their written consent.
(i) If the individual who initiated the interment does not consent,
or is not alive to provide consent, or all living immediate family
members are not in agreement, anyone seeking disinterment of an
eligible decedent must provide VA with an order from a court or State
instrumentality of competent jurisdiction to direct the disinterment as
provided in paragraph (a)(1) of this section.
(ii) For purposes of this section, ``immediate family members'' are
defined as surviving spouse, whether or not he or she is or was
remarried; all adult children of the decedent; the appointed
guardian(s) of minor children; and the appointed guardian(s) of the
surviving spouse or of the adult child(ren) of the decedent. If the
surviving spouse and all of the children of the decedent are deceased,
the decedent's parents will be considered ``immediate family members.''
(b)(1) All requests to disinter remains as described in paragraph
(a)(2) of this section must be submitted on VA Form 40-4970, Request
for Disinterment, and must include the following information:
(i) A full statement of reasons for the proposed disinterment.
(ii) Notarized statement(s) by all living immediate family members
of the decedent, and by the person who initiated the interment (whether
or not the individual is a member of the immediate family), that all
parties consent to the proposed disinterment.
(iii) A notarized statement by the person requesting the
disinterment that those who supplied affidavits comprise all the living
immediate family members of the deceased and the individual who
initiated the interment.
(2) If the person provides a false certification on VA Form 40-
4970, he or she may be subject to penalties, to include fine or
imprisonment or both.
(c) Any VA-approved disinterment in this section must be
accomplished without expense to the Government.
(The reporting and recordkeeping requirements contained in paragraph
(b) of this section have been approved by the Office of Management
and Budget under OMB control number 2900-0365)
(Authority: 38 U.S.C. 2404)
[FR Doc. 2022-17637 Filed 8-16-22; 8:45 am]
BILLING CODE 8320-01-P
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</html>Indexed from Federal Register on August 17, 2022.
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