[Federal Register Volume 61, Number 120 (Thursday, June 20, 1996)]
[Proposed Rules]
[Pages 31479-31481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15711]



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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 1

RIN 2900-AI21


Disinterments in National Cemeteries

AGENCY: Department of Veterans Affairs.

ACTION: Proposed rule.

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SUMMARY: The Department of Veterans Affairs (VA) proposes to amend 
regulations concerning disinterments from national cemeteries. Current 
regulations permit disinterment of persons buried in a national 
cemetery with the consent of immediate family members. The definition 
of immediate family members includes a surviving spouse only if 
unmarried. It is proposed

[[Page 31480]]

to change the definition of immediate family members for purposes of 
disinterments to include a surviving spouse regardless of whether 
remarried or not. This appears to be necessary since we believe the 
emotional ties of the surviving spouse would be sufficient to justify 
his or her consent as a condition of disinterment. This document also 
would make nonsubstantive changes for purposes of clarification.

DATES: Comments must be received on or before August 19, 1996.

ADDRESSES: Mail written comments to: Director, Office of Regulations 
Management (02D), Department of Veterans Affairs, 810 Vermont Ave., NW, 
Washington, DC 20420, or hand deliver written comments to: Office of 
Regulations Management, Room 1176, 801 Eye Street, NW., Washington, DC 
20001. Comments should indicate that they are submitted in response to 
``RIN 2900-AI21.'' All written comments will be available for public 
inspection in the Office of Regulations Management, Room 1176, 801 Eye 
Street, NW., Washington, DC 20001 between the hours of 8:00 a.m. and 
4:30 p.m., Monday through Friday (except holidays).

FOR FURTHER INFORMATION CONTACT:
Mr. Ken Greenberg, Program Analyst, Communications Division (402B1), 
National Cemetery System, Department of Veterans Affairs, 810 Vermont 
Avenue, NW., Washington, DC 20420. Telephone: 202-273-5179 (this is not 
a toll-free number).

SUPPLEMENTARY INFORMATION: As stated in 38 CFR 1.621, burials in VA 
national cemeteries are considered permanent and final and 
disinterments are permitted only for cogent reasons.
    The current regulations concerning disinterments from national 
cemeteries (38 CFR 1.621) require the written and notarized consent of 
all living immediate family members of the decedent in order for a 
disinterment request to be approved. The current regulations, however, 
do not require the notarized signature of the surviving spouse of the 
deceased if the spouse has married again.
    It appears that approving a disinterment without the consent of all 
living immediate family members including a remarried surviving spouse 
does not adequately serve the needs of veterans and their families. For 
example, a spouse may die and be buried in a national cemetery. The 
surviving spouse later remarries and the National Cemetery System (NCS) 
receives a written and notarized disinterment request from all family 
members except the remarried spouse. Under current regulations, NCS 
takes action concerning the disinterment without the remarried spouse 
being notified, thereby eliminating any opportunity to object. 
Furthermore, a remarried surviving spouse may, now, upon the 
termination of the remarriage, regain eligibility for burial in a 
national cemetery as the surviving spouse of an eligible decedent. See 
Pub. L. No. 103-446, section 802, 108 Stat. 4675 (1994); 38 U.S.C. 
2402(5).
    VA requires that disinterment requests be executed on VA Form 40-
4970, Request for Disinterment. VA would amend that form accordingly to 
reflect the change in regulations if the proposed rule is made final.
    In addition, the second sentence of current Sec. 1.621(c), which 
states that the Department of Veterans Affairs or officials of the 
cemetery should not be made a party to a court action regarding 
disinterment, would be deleted since it has no binding effect.

Paperwork Reduction Act

    The collection of information contained in this notice of proposed 
rulemaking has been submitted to the Office of Management and Budget 
for review in accordance with the Paperwork Reduction Act (44 U.S.C. 
3504(h)). Comments on the collection of information should be sent to 
the Office of Management and Budget, Attention: Desk Officer for the 
Department of Veterans Affairs, Office of Information and Regulatory 
Affairs, Washington, DC 20503, with copies to the Director, Office of 
Regulations Management (02D), Department of Veterans Affairs, 810 
Vermont Avenue, NW, Washington, DC 20420.
    This collection of information included in 38 CFR 1.621 concerns an 
application for authority to disinter remains that must be submitted on 
VA Form 40-4970. It is proposed to change the information on the form 
to reflect that the written and notarized consent of a remarried 
surviving spouse is prerequisite for a disinterment from a national 
cemetery.
    The Department of considers comments by the public on these 
proposed collections of information in--
     Evaluating whether the proposed collection(s) 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 proposed collection(s) 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.
    OMB is required to make a decision concerning the proposed 
collections of information contained in this document between 30 and 60 
days after publication of this document 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 to the Department on the 
proposed regulations.
    Title: Application for a Disinterment from a National Cemetery.
    Summary of collection of information: The Department requires an 
application with approval of all immediate family members of a decedent 
in order for VA to authorize disinterment of a decedent's remains from 
a national cemetery. The requested information is necessary in order to 
obtain the approval of a remarried surviving spouse of a decedent for 
disinterment. Previously, a remarried surviving spouse has not been 
considered an immediate family member.
    Description of the need for information and proposed use of 
information: The requested information is necessary to obtain the 
approval of a remarried surviving spouse of a decedent for disinterment 
from a national cemetery.
    Description of likely respondents: Surviving remarried spouses of 
decedents interred in national cemeteries.
    Estimated total annual reporting burden: 33 hours.
    Estimated annual burden per respondent: 10 minutes.
    Estimated number of respondents: 200.
    Estimated annual frequency of responses: 1.
    The Secretary certifies that this proposed rule will not have a 
significant economic impact on a substantial number of small entities 
as they are defined in the Regulatory Flexibility Act, 5 U.S.C. 601-
612. Pursuant to 5 U.S.C. 605(b), the proposed amended regulation is 
exempt from the initial and final regulatory flexibility analyses 
requirements of sections 603 and 604. This certification can be made 
because

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the amendment does not affect any small entities. Only individual VA 
beneficiaries could be directly affected.
    The proposed rule is not subject to the Office of Management and 
Budget review pursuant to E.O. 12291.

    Catalog of Federal Domestic Assistance Number for programs 
affected by this regulation are 64.201 and 64.202.

List of Subjects in 38 CFR Part 1

    Administrative practice and procedure, Cemeteries, Claims, Privacy, 
Security.

    Approved: June 11, 1996.
Jesse Brown,
Secretary of Veterans Affairs.

    For the reasons set out in the preamble, 38 CFR part 1 is proposed 
to be amended as follows:

PART 1--GENERAL PROVISIONS

    1. The authority citation for part 1 continues to read as follows:

    Authority: 38 U.S.C. 501(a), unless otherwise noted.

    2. In Sec. 1.621, paragraph (c) is amended by removing the second 
sentence; paragraph (d) and the designation ``[Reserved]'' are removed; 
paragraph (e) is redesignated as paragraph (d); and paragraphs (a) and 
(b)(2) are revised to read as follows:


Sec. 1.621  Disinterments from national cemeteries.

    (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 Area Office Director or Cemetery Director responsible for the 
cemetery involved. Disinterment from a national cemetery will be 
approved only when all living immediate family members of the decedent, 
and the person who initiated the interment (whether or not he or she is 
a member of the immediate family), give their written consent, or when 
a court order or State instrumentality of competent jurisdiction 
directs the disinterment. For purposes of this section, ``immediate 
family members'' are defined as surviving spouse, whether or not he or 
she is 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) * * *
    (2) Notarized statement(s) by all living immediate family members 
of the decedent, and the person who initiated the interment (whether or 
not he or she is a member of the immediate family), that they consent 
to the proposed disinterment.
* * * * *
[FR Doc. 96-15711 Filed 6-19-96; 8:45 am]
BILLING CODE 8320-01-M