[Federal Register Volume 72, Number 51 (Friday, March 16, 2007)]
[Rules and Regulations]
[Pages 12564-12565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-4826]


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

DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 2

RIN 2900-AM18


Delegations of Authority--National Cemetery Administration

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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

SUMMARY: This final rule amends the Department of Veterans Affairs (VA) 
regulation, ``Secretary's delegations of authority to certain 
officials.'' The amendment updates the regulation governing certain 
delegations of authority exercised by the Under Secretary for Memorial 
Affairs. This minor technical amendment provides delegation of 
authority from the Secretary of Veterans Affairs to the Under Secretary 
for Memorial Affairs to accept monetary and/or non-monetary gifts and 
donations, made in any manner, which are made for the purpose of 
beautifying or benefiting national cemeteries. The authority to accept 
offers of land will remain with the Secretary of Veterans Affairs.

DATES: Effective Date: March 16, 2007.

FOR FURTHER INFORMATION CONTACT: Patrick Hallinan, Deputy Director, 
Office of Field Programs (41A), National Cemetery Administration, 
Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 
20420; telephone: (202) 273-5229 (this is not a toll-free number).

SUPPLEMENTARY INFORMATION: The provisions of 38 U.S.C. 2407 authorize 
the Secretary to ``accept gifts, devises, or bequests from legitimate 
societies and organizations or reputable individuals, made in any 
manner, which are made for the purpose of beautifying national 
cemeteries, or are determined to be beneficial to such cemetery.'' 
Currently, under 38 CFR 2.6(f)(3), the Secretary has delegated 
authority to the Under Secretary for Memorial Affairs ``[t]o accept 
donations of a minor nature, such as, individual trees for planting in 
burial areas and privately purchased grave markers.'' (Emphasis added) 
The current regulatory language no longer reflects the needs of the 
agency since the National Cemetery Administration frequently receives 
offers for donations that may be perceived as more than ``minor in 
nature.'' Such offers have included heavy equipment, rose gardens, 
cash, and electric vehicles. Providing authority to the National 
Cemetery Administration to accept donations, regardless of monetary 
value, would be commensurate with the authority that has been provided 
to the Veterans Health Administration and the Veterans Benefits 
Administration. The Under Secretary for Memorial Affairs will notify 
the Secretary when making decisions to accept or decline gifts and 
donations of offers that are unique, unusual or substantial in nature, 
or that may be of public interest because of the subject of the offer 
or identity of the donor. The authority to accept land will remain with 
the Secretary. The Under Secretary for Memorial Affairs will continue 
to refer all offers of land to the Secretary, with supporting 
information and a recommendation for action.
    This rule revises paragraph (f)(3) to 38 CFR 2.6 by removing the 
reference ``[t]o accept donations of a minor nature, such as, 
individual trees for planting in burial areas and privately purchased 
grave markers'' and adding ``[t]o accept all donations, except offers 
of land, made in any manner, for the beautification or benefit of 
national cemeteries.''

Administrative Procedure Act

    This final rule states rules of agency procedure or practice and is 
therefore exempt from the notice and public comment procedures of 5 
U.S.C. 553(b). Further, this final rule is not a substantive rule and, 
consequently, the delayed effective date provisions of 5 U.S.C. 553(d) 
are not applicable.

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 an expenditure by 
State, local, or tribal governments, in the aggregate, or by the 
private sector, of $100 million or more (adjusted annually for 
inflation) 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 contains no provisions constituting a collection of 
information under the Paperwork Reduction Act (44 U.S.C. 3501-3521).

Executive Order 12866

    Executive Order 12866 directs agencies to assess all 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, 
and other advantages; distributive impacts; and equity). The Executive 
Order classifies a ``significant regulatory action,'' requiring review 
by

[[Page 12565]]

the Office of Management and Budget (OMB) unless OMB waives such 
review, as any regulatory action that is likely to result in a rule 
that may: (1) Have an annual effect on the economy of $100 million or 
more or adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities; (2) create a serious inconsistency or otherwise interfere 
with an action taken or planned by another agency; (3) materially alter 
the budgetary impact of entitlements, grants, user fees, or loan 
programs or the rights and obligations of recipients thereof; or (4) 
raise novel legal or policy issues arising out of legal mandates, the 
President's priorities, or the principles set forth in the Executive 
Order.
    The economic, interagency, budgetary, legal, and policy 
implications of this final rule have been examined and it has been 
determined not to be a significant regulatory action under Executive 
Order 12866.

Regulatory Flexibility Act

    The Secretary of Veterans Affairs 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 would not directly 
impact any small entities or individuals. Therefore, pursuant to 5 
U.S.C. 605(b), this final rule is exempt from the initial and final 
regulatory flexibility analysis requirements of sections 603-604.

Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance numbers for the programs 
affected by this final rule are 64.201 and 64.202.

List of Subjects in 38 CFR Part 2

    Authority delegations (Government agencies), Veterans Affairs 
Department.

    Approved: March 2, 2007.
Gordon H. Mansfield,
Deputy Secretary of Veterans Affairs.

0
For the reasons set forth in the preamble, 38 CFR part 2 is amended as 
follows:

PART 2--DELEGATIONS OF AUTHORITY

0
1. The authority citation for part 2 continues to read as follows:


    Authority: 5 U.S.C. 302, 552a; 38 U.S.C. 501, 512, 515, 1729, 
1729A, 5711; 44 U.S.C. 3702, unless otherwise noted.


0
2. Section 2.6 is amended by revising paragraph (f)(3) to read as 
follows.


Sec.  2.6.  Secretary's delegations of authority to certain officials 
(38 U.S.C. 512).

* * * * *
    (f) * * *
    (3) To accept donations, except offers of land, made in any manner, 
for the beautification or benefit of national cemeteries.
* * * * *

[FR Doc. E7-4826 Filed 3-15-07; 8:45 am]
BILLING CODE 8320-01-P