Proposed Rule2023-05852
Names for National Cemeteries and Features
Primary source
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Published
March 22, 2023
Issuing agencies
Veterans Affairs Department
Abstract
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 VA is proposing this action because, after reviewing internal policy and processes, VA determined this regulation is obsolete and unnecessary.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. Therefore, this action is under the authority of the National Cemetery Administration.
Full Text
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<title>Federal Register, Volume 88 Issue 55 (Wednesday, March 22, 2023)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-05852]
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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.
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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processes, VA determined this regulation is obsolete and unnecessary.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 <a href="http://www.regulations.gov">www.regulations.gov</a>.
Except as provided below, comments received before the close of the
comment period will be available at <a href="http://www.regulations.gov">www.regulations.gov</a> 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: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. VA will not post on
<a href="http://Regulations.gov">Regulations.gov</a> 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 <a href="http://www.regulations.gov">www.regulations.gov</a>.
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
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</html>Indexed from Federal Register on March 22, 2023.
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