[Federal Register Volume 65, Number 75 (Tuesday, April 18, 2000)]
[Proposed Rules]
[Pages 20787-20788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-9602]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 1

RIN 2900-AJ49


Outer Burial Receptacles

AGENCY: Department of Veterans Affairs.

ACTION: Proposed rule.

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SUMMARY: By statute the Department of Veterans Affairs (VA) is 
authorized to provide a monetary allowance for each new burial in a VA 
national cemetery where a privately-purchased outer burial receptacle 
is used in lieu of a government-furnished graveliner. This document 
proposes to establish a mechanism for implementing these provisions.

DATES: Comments must be received on or before June 19, 2000.

ADDRESSES: Mail or hand-deliver written comments to: Director, Office 
of Regulations Management (02D), Department of Veterans Affairs, 810 
Vermont Ave., NW, Room 1154, Washington, DC 20420; or fax comments to 
(202) 273-9289; or e-mail comments to ``[email protected]''. 
Comments should indicate that they are submitted in response to ``RIN 
2900-AJ49.'' All comments received will be available for public 
inspection in the Office of Regulations Management, Room 1158, between 
the hours of 8 a.m. and 4:30 p.m., Monday through Friday (except 
holidays).

FOR FURTHER INFORMATION CONTACT: Ken Greenberg, Staff Assistant, Office 
of Operations Support (402), National Cemetery Administration, 
Department of Veterans Affairs, 810 Vermont Avenue, NW, Washington, DC 
20420. Telephone: 202-273-5179 (this is not a toll-free number).

SUPPLEMENTARY INFORMATION: Public Law 100-322 authorizes VA to provide 
a graveliner at no cost to the family for the casketed remains of 
individuals buried in open national cemeteries. Typically, a graveliner 
is pre-cast concrete or thermoplastic in the form of a box with a 
removable lid. The casket is placed inside the graveliner which assist 
in maintaining the integrity of the soil around the grave by reducing 
the likelihood of a sunken grave.
    Public Law 104-275 was enacted on October 9, 1996. The Public Law 
allowed VA to provide a monetary allowance for each new burial in a VA 
national cemetery where a privately-purchased outer burial receptacle 
is used in lieu of a government-furnished graveliner.
    Under the Public Law, the monetary allowance is equal to the 
average cost of the government-furnished graveliner which would have 
been furnished, minus any administrative costs incurred by VA. As an 
example, if it costs VA an average of $125 to purchase a graveliner and 
the administrative cost to process an allowance for a privately-
purchased outer burial receptacle is $10, VA would pay a monetary 
allowance of $115 toward the cost of the privately-purchased outer 
burial receptacle. VA would update the allowance annually by notice in 
the Federal Register to reflect the current average cost of purchasing 
graveliners by VA minus the administrative cost for VA to process the 
allowance. Under the proposed rule, the next allowance payable for 
interments occurring during the period from October 9, 1996, through 
December 31, 1999, would be the rate determined for fiscal year 1999. 
This would reduce the administrative burden required to calculate 
allowances, and would expedite payment to recipients. Further, this is 
warranted since the average cost to the government to purchase 
graveliners has not varied significant since 1996.
    The average cost of graveliners would not include graveliners 
procured and pre-placed in gravesites as part of cemetery gravesite 
development projects or double depth graveliners. The costs of these 
two types of graveliners purchased are not representative of the cost 
of a single-depth graveliner purchased for installation at the time of 
interment. The double depth liners hold two caskets, whereas the single 
depth liners hold one casket. Pre-placed liners are procured as part of 
a larger gravesite development construction project.
    The proposed rule provides that an application for payment of the 
monetary allowance would not be required. Currently, all information 
necessary for identifying the individual entitled to payment of the 
monetary allowance is included in information already being collected 
under the National Cemetery Administration's Burial Operation Support 
System (BOSS).
    Further, we have a method for determining in almost all cases those 
individuals entitled to the allowance for purchasing outer burial 
receptacles prior to January 1, 2000. In almost all cases when an outer 
burial receptacle was purchased, the person listed as the next of kin 
paid for it. Accordingly, we believe there is a basis for a presumption 
that such person paid for the outer burial receptacle. Accordingly, for 
burials during the period October 9, 1996, through December 31, 1999, 
the allowance would be paid to the person identified as the next of kin 
in records contained in the BOSS. However, if a person who is not 
listed as the next of kin provides evidence that he or she paid for the 
outer burial receptacle, the allowance would be paid instead to that 
person.
    In burials where a casket already exists in a grave with or without 
a graveliner, placement of a second casket in an outer burial 
receptacle would not be permitted in the same grave unless the national 
cemetery director

[[Page 20788]]

determines that the already interred casket would not be damaged.

Regulatory Flexibility Act

    The Secretary 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 proposed rule would not affect the sale of outer burial 
receptacles. Further, the basic provisions of the proposed rule reflect 
statutory requirements. Accordingly, pursuant to 5 U.S.C. 605(b), the 
proposed rule is exempt from the initial and final regulatory 
flexibility analyses requirements of sections 603 and 604.

    Catalog of Federal Domestic Assistance Number for programs 
affected by this regulation is 64.201.

List of Subjects in 38 CFR Part 1

    Administrative practice and procedure, Archives and records, 
Cemeteries, Claims, Courts, Flags, Freedom of information, Government 
contracts, Government employees, Government property, Infants and 
children, Inventions and patents, Investigations, Parking, Penalties, 
Postal Service, Privacy, Reporting and recordkeeping requirements, 
Seals and insignia, Security measures, wages.

    Approved: March 13, 2000.
Togo D. West, Jr.,
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. Section 1.629 is added to read as follows:


Sec. 1.629  Monetary allowance in lieu of a government-furnished outer 
burial receptacle.

    (a) Definitions. Outer Burial Receptacle. For the purpose of this 
section, an outer burial receptacle means a graveliner, burial vault, 
or other similar type of container for a casket.
    (b) Purpose. This section provides for payment of a monetary 
allowance for an outer burial receptacle for any interment in a VA 
national cemetery where a privately-purchased outer burial receptacle 
has been used in lieu of a government-furnished graveliner.
    (c) Second Interments. In burials where a casket already exists in 
a grave with or without a graveliner, placement of a second casket in 
an outer burial receptacle will not be permitted in the same grave 
unless the national cemetery director determines that the already 
interred casket will not be damaged.
    (d) Payment of monetary allowance. VA will pay a monetary allowance 
for each burial in a VA national cemetery where a privately-purchased 
outer burial receptacle was used on and after October 9, 1996. For 
burials on or after January 1, 2000, the person identified in records 
contained in the National Cemetery Administration Burial Operations 
Support System as the person who privately purchased the outer burial 
receptacle will be paid the monetary allowance. For burials during the 
period October 9, 1996, through December 31, 1999, the allowance will 
be paid to the person identified as the next of kin in records 
contained in the National Cemetery Administration Burial Operations 
Support System based on the presumption that such person privately 
purchased the outer burial receptacles (however, if a person who is not 
listed as the next of kin provides evidence that he or she privately 
purchased the outer burial receptacle, the allowance will be paid 
instead to that person). No application is required to receive payment 
of a monetary allowance.
    (e) Amount of the allowance. (1) For calendar year 2000 and each 
calendar year thereafter, the 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.
    (i) The average cost of government-furnished graveliners will be 
based upon the actual average cost to the government of such 
graveliners during the most recent fiscal year ending prior to the 
start of the calendar year for which the amount of the allowance will 
be used. This average cost will be determined by taking VA's total cost 
during that fiscal year for single-depth graveliners which were 
procured for placement at the time of interment and dividing it by the 
total number of such graveliners procured by VA during that fiscal 
year. The calculation shall exclude both graveliners procured and pre-
placed in gravesites as part of cemetery gravesite development projects 
and all double-depth graveliners.
    (ii) The administrative costs incurred by VA will consist of those 
costs that relate to processing and paying an allowance, as determined 
by VA, for the calendar year ending prior to the start of the calendar 
year for which the amount of the allowance will be used.
    (2) For calendar year 2000 and each calendar year thereafter, 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.
    (3) The published allowance amount for interments which occur 
during calendar year 2000 will also be used for payment of any 
allowances for interments which occurred during the period from October 
9, 1996, through December 31, 1999.

(Authority: 38 U.S.C. 2306(d)).

[FR Doc. 00-9602 Filed 4-17-00; 8:45 am]
BILLING CODE 8320-01-P