Rule2024-23438
Outer Burial Receptacles
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
October 10, 2024
Effective
November 12, 2024
Issuing agencies
Veterans Affairs Department
Abstract
The Department of Veterans Affairs (VA) is revising 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 is expanding 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 is adding a provision 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 is making 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 pre-placed OBRs separately from the grant award. These changes 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 is removing retroactive provisions no longer needed because the relevant time period has passed.
Full Text
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<title>Federal Register, Volume 89 Issue 197 (Thursday, October 10, 2024)</title>
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[Federal Register Volume 89, Number 197 (Thursday, October 10, 2024)]
[Rules and Regulations]
[Pages 82179-82182]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-23438]
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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: Final rule.
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SUMMARY: The Department of Veterans Affairs (VA) is revising 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 is expanding 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
is adding a provision 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 is making 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 pre-placed OBRs separately from the grant award. These
changes 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 is removing retroactive provisions no longer needed
because the relevant time period has passed.
DATES: This rule is effective November 12, 2024.
FOR FURTHER INFORMATION CONTACT: Michelle Myers, Management and Program
Analyst, Policy and Regulatory Service, National Cemetery
Administration, Department of Veterans Affairs, 810 Vermont Avenue NW,
Washington, DC 20420. Telephone: (720) 607-0364. (This is not a toll-
free number.)
SUPPLEMENTARY INFORMATION: On February 6, 2024, VA published a proposed
rule in the Federal Register at 89 FR 8126 that proposed revisions to
38 CFR 38.629 to include provision of OBRs for gravesites in State or
Tribal organization cemeteries funded through VA grants. The proposed
rule also proposed revisions to 38 CFR 39.50 to clarify that VA would
reimburse the cost of pre-placed OBRs separately from the grant award
and revisions to 38 CFR 39.122 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. The public comment period
ended on April 8, 2024, and VA received no comments in response to the
proposed rule.
During the final rule drafting process, VA noted an unintended
outcome based on the proposed language of Sec. 38.629(e)(2), which we
have addressed in this final rule. In the proposed rule, the monetary
allowance for OBRs placed at the time of interment would have only been
payable if a State or Tribal organization submitted a request for
payment within 1 year of interment. However, with the time that has
elapsed while developing this rulemaking, the 1-year limitation on
filing requests for payment would have created an unintended barrier to
awarding the benefit from the earliest date authorized by statute,
January 5, 2023. This provision would have unintentionally prohibited
the payment of the allowance for burials that occurred more than 1 year
prior to the final rule becoming effective. To ensure that the payment
of the monetary allowance for OBRs placed at the time of interment is
payable for all eligible burials, VA has revised the provision to read:
``Requests for payment under this section for burials that occur from
January 5, 2023, through December 31, 2024, must be submitted by
December 31, 2025. Requests for payment under this section for burials
that occur on or after January 1, 2025, must be submitted within 1 year
of interment.'' This change accommodates the lag in publishing this
rulemaking and ensures VA can provide payment for claims that could not
be submitted until such time as this final rule becomes effective.
VA has also made technical changes to note the heading change to
Sec. 38.629(c) in the amendatory instructions, which was inadvertently
omitted in the proposed rule, and to conform to cross-reference
conventions. We added the phrase ``of this chapter'' after cross-
references to other regulatory sections in Sec. Sec. 38.629(h),
39.50(e), and 39.122(a).
Because no comments were received during the public comment period,
VA made no changes to the proposed regulatory text besides the
technical changes described here.
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 <a href="http://www.regulations.gov">www.regulations.gov</a>.
Regulatory Flexibility Act
The Secretary hereby certifies that this final rule will not have a
significant economic impact on a substantial number of small entities
as they are defined in the Regulatory Flexibility Act (5 U.S.C. 601-
612). This final rule will generally be small business neutral as it
applies only to State and Tribal entities that have received a grant
for a cemetery under 38 U.S.C. 2408. The Secretary acknowledges that
some Tribal governments may be considered small entities; however, the
economic impact would be entirely beneficial. This final rule will
impose no mandatory requirements or costs on Tribal governments as a
whole and will only affect those that are recipients of veterans
cemetery grants. To the extent that small entities are affected, the
impact of this final rule will be entirely beneficial as it will
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
[[Page 82180]]
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 year. This final rule will have no such effect on
State, local, and Tribal governments, or on the private sector.
Paperwork Reduction Act
This final rule includes a provision constituting a new collection
of information under the Paperwork Reduction Act of 1995 (44 U.S.C.
3501-3521). The new collection of information requires approval by the
Office of Management and Budget (OMB) and the assignment of an OMB
Control Number. Accordingly, under 44 U.S.C. 3507(d), VA submitted a
copy of this rulemaking to OMB for review and approval. VA received no
comments on the new collection of information.
An OMB Control Number of 2900-0941 has been assigned to the new
collection of information associated with this final rule. Assignment
of this OMB control number is not an approval to conduct or sponsor an
information collection under the Paperwork Reduction Act of 1995. In
accordance with 5 CFR part 1320, the new collection of information
associated with this rulemaking is not approved by OMB at this time.
OMB's approval of the new collection of information will occur within
30 days after the final rulemaking publishes. If OMB does not approve
the new collection of information as requested, VA will immediately
remove the provision containing a new collection of information or take
such other action as is directed by OMB.
The new 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.: 2900-0941.
CFR Provision: 38 CFR 38.629.
<bullet> Summary of collection of information: The new collection
of information in revised 38 CFR 38.629 will 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 will require individuals
to submit a request for payment of monetary allowance for a privately
purchased OBR.
<bullet> Description of need for information and use of
information: The information will be used by the National Cemetery
Administration Financial Service Center to issue payment of the OBR
monetary benefit. The information will identify the claimant and the
amount claimed and will 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, VA may use a summary of
this information to respond to Congressional oversight inquiries.
<bullet> Description of likely respondents: Primarily Veterans
Cemetery Grants Program grantees that are States and Tribal
Organizations. A small number of private individuals may be
respondents.
<bullet> Estimated number of respondents: 110 in Fiscal Year 2024.
<bullet> 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 the monetary allowance
for a privately purchased OBR.
<bullet> Estimated average burden per response: 15 minutes for all
respondents.
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Estimated burden hours
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Estimated Estimated Average Actual number
number of number of minutes per Minutes of burden
respondents responses response hours
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(x) times (x) times = (Equals) / by 60 =
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Monetary Allowance for Privately Purchased OBR. 100 1 15 1,500 ............................... 25
Monetary Allowance for OBRs Placed at Time of 10 4 15 600 10
Interment.
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Accumulative Total......................... 110 ........... .............. ........... 35
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<bullet> 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.
<bullet> Estimated cost to respondents per year: VA estimates the
annual cost for all respondents to be $1,101.80. To estimate the total
information collection burden cost, VA used the May 2023 Bureau of
Labor Statistics (BLS) mean hourly wage for ``all occupations'' of
$31.48 per hour. This information is available at <a href="https://www.bls.gov/oes/2023/may/oes_nat.htm#00-0000">https://www.bls.gov/oes/2023/may/oes_nat.htm#00-0000</a>. Using VA's estimated average annual
burden of 35 hours, and using a mean hourly wage of $31.48, VA
estimates the total information collection burden cost to be $1,101.80
per year (35 burden hours x $31.48 mean wage per hour).
Assistance Listing
The Assistance Listing numbers and titles for the programs affected
by this document are 64.201, National Cemeteries; 64.203, Veterans
Cemetery Grants Program; and 64.206, VA OBR Allowance Program.
Congressional Review Act
Pursuant to subtitle E of the Small Business Regulatory Enforcement
Fairness Act of 1996 (known as the Congressional Review Act) (5 U.S.C.
801 et seq.), the Office of Information and Regulatory Affairs
designated this rule as not satisfying the criteria under 5 U.S.C.
804(2).
List of Subjects
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, approved and signed
this document on October 3, 2024, and
[[Page 82181]]
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.
Jeffrey M. Martin,
Assistant Director, Office of Regulation Policy & Management, Office of
General Counsel, Department of Veterans Affairs.
For the reasons stated in the preamble, VA amends 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;
0
b. Revise paragraphs (b) through (d);
0
c. Redesignate paragraph (e) as paragraph (f);
0
d. Add new paragraph (e);
0
e. Revise the heading of 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 for burials that occur from January 5, 2023, through
December 31, 2024, must be submitted by December 31, 2025. Requests for
payment under this section for burials that occur on or after January
1, 2025, must be submitted within 1 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 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 of this chapter.
[[Page 82182]]
(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 the text ``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 of this chapter.
* * * * *
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 of this
chapter 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. 2024-23438 Filed 10-9-24; 8:45 am]
BILLING CODE 8320-01-P
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