[Federal Register Volume 62, Number 192 (Friday, October 3, 1997)]
[Rules and Regulations]
[Pages 51782-51783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26254]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 1
RIN 2900-AI21
Disinterments From National Cemeteries
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: The Department of Veterans Affairs (VA) is issuing a final
rule 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
[[Page 51783]]
members. Previously, the definition of immediate family members
included a surviving spouse only if unmarried. The regulation change
defines immediate family members for purposes of disinterments to
include a surviving spouse whether or not the spouse had remarried.
This is necessary since the emotional ties of the surviving spouse are
sufficient to justify his or her consent as a condition of
disinterment. This document also makes nonsubstantive changes for
purposes of clarification.
DATES: This rule is effective November 3, 1997.
FOR FURTHER INFORMATION CONTACT: Mr. Ken Greenberg, Program Analyst, or
Mrs. Sonja McCombs, Program Analyst, Communications Division (402B1),
National Cemetery System, Department of Veterans Affairs, 810 Vermont
Avenue, NW, Washington, DC 20420. Telephone: 202-273-5179 or 202-273-
5183 (these are not toll-free numbers).
SUPPLEMENTARY INFORMATION: A document was published in the Federal
Register on June 20, 1996 (61 FR 31479), which proposed to change the
definition of immediate family members for purposes of disinterments to
include a surviving spouse whether or not the spouse had remarried. The
document also proposed to make certain nonsubstantive changes. No
comments were received. Accordingly, based on the rationale set forth
in the proposal and in this document, the proposed changes are adopted
as a final rule without change.
Paperwork Reduction Act
Information collection and recordkeeping requirements associated
with this final rule concerning disinterments from national cemeteries
(38 CFR 1.621) have been approved by the Office of Management and
Budget (OMB) under the provisions of the Paperwork Reduction Act (44
U.S.C. 3504(h)) and have been assigned OMB Control Number 2900-0365.
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. The provisions of Sec. 1.621 are amended to reflect
that the written and notarized consent of a remarried surviving spouse
is a prerequisite for a disinterment from a national cemetery.
OMB assigns control numbers to collections of information it
approves. VA may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number.
Regulatory Flexibility Act
The Secretary 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. Pursuant to 5 U.S.C. 605(b), the amended regulation is exempt from
the initial and final regulatory flexibility analyses requirements of
sections 603 and 604. This certification can be made because the
amendment does not affect any small entities. Only individual VA
beneficiaries could be directly affected.
The final rule is not subject to OMB 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: July 28, 1997.
Hershel W. Gober,
Acting Secretary of Veterans Affairs.
For the reasons set out in the preamble, 38 CFR part 1 is 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) * * *
(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. 97-26254 Filed 10-2-97; 8:45 am]
BILLING CODE 8320-01-P
