[Federal Register Volume 69, Number 48 (Thursday, March 11, 2004)]
[Rules and Regulations]
[Pages 11531-11532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5410]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 1

RIN 2900-AL40


Eligibility for an Appropriate Government Marker for a Grave 
Already Marked at Private Expense

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This document affirms, without any changes, the provisions of 
the interim final rule that was published to reflect changes made by 
the Veterans Education and Benefits Expansion Act of 2001 (Pub. L. 107-
103) and the Veterans Benefits Act of 2002 (Pub. L. 107-330).
    This final rule establishes provisions pursuant to the Veterans 
Education and Benefits Expansion Act of 2001 to allow the Department of 
Veterans Affairs (VA) to furnish an appropriate Government marker for 
the grave of an eligible veteran buried in a private cemetery, 
regardless of whether the grave is already marked with a privately 
purchased marker. Pursuant to the Veterans Benefits Act of 2002, the 
provisions of this final rule will apply to requests to mark graves or 
memorialize eligible veterans whose deaths occurred on or after 
September 11, 2001.

DATES: Effective Date: This final rule is effective September 25, 2003.
    Applicability Date: The provisions of 38 CFR 1.631 apply to deaths 
occurring on or after September 11, 2001.

FOR FURTHER INFORMATION CONTACT: David K. Schettler, Director of 
Memorial Programs Service (MPS), National Cemetery Administration, 
Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 
20420. Telephone: (202) 501-3100 (this is not a toll-free number).

SUPPLEMENTARY INFORMATION: On September 25, 2003, VA published an 
interim final rule in the Federal Register (68 FR 55317). The interim 
final rule amended VA's burial benefits provisions to allow VA to 
furnish an appropriate marker for the graves of eligible veterans 
buried in private cemeteries, regardless of whether the grave is 
already marked with a privately purchased marker.
    We provided a 60-day comment period that ended November 24, 2003. 
We did not receive any comments. Based on the rationale set forth in 
the interim final rule and in this document, we adopt the provisions of 
the interim final rule as a final rule without any changes.

Unfunded Mandates

    The Unfunded Mandates Reform Act requires, at 2 U.S.C. 1532, that 
agencies prepare an assessment of anticipated costs and benefits before 
developing any rule that may result in an expenditure by State, local, 
or tribal governments, in the aggregate, or by the private sector, of 
$100 million or more in any given year. This rule would have no such 
effect on State, local, or tribal governments, or the private sector.

Paperwork Reduction Act

    This document does not contain new provisions constituting a 
collection of information under the Paperwork Reduction Act (44 U.S.C. 
3501-3521). The Office of Management and Budget has approved the 
existing information collection under control number 2900-0222.

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. Only individual VA beneficiaries could be directly affected. 
Therefore, pursuant to 5 U.S.C. 605(b), this final rule is exempt from 
the initial and final regulatory flexibility analyses requirements of 
sections 603 and 604.

Catalog of Federal Domestic Assistance Numbers

    The Catalog of Federal Domestic Assistance program number for this 
document is 64.202.

List of Subjects in 38 CFR Part 1

    Administrative practice and procedure, Cemeteries, Veterans.

    Approved: February 25, 2004.
Anthony J. Principi,
Secretary of Veterans Affairs.

PART 1--[AMENDED]

0
Accordingly, the interim final rule amending 38 CFR part 1 that was

[[Page 11532]]

published in the Federal Register at 68 FR 55317 on September 25, 2003, 
is adopted as a final rule without change.

[FR Doc. 04-5410 Filed 3-10-04; 8:45 am]
BILLING CODE 8320-01-P