Federal Register / Vol. 88, No. 222 / Monday, November 20, 2023 / Proposed Rules 80649 

1 88 FR 75890. 

2See proposed amendment to PTE 2020–02 (88 

FR 75979), proposed amendment to PTE 84–24 (88 

FR 76004), and proposed amendment to PTEs 75– 

1, 80–83, 83–1, and 86–128 (88 FR 76032). 

Requests to testify at the hearing must 

be submitted on or before November 29, 

2023. 

ADDRESSES: Submit all requests to 

testify through the Federal eRulemaking 

Portal at https://www.regulations.gov at 

Docket ID EBSA–2023–0014. Follow the 

instructions for submitting requests to 

testify provided below. Warning: Do not 

include any personally identifiable 

information or confidential business 

information that you do not want 

publicly disclosed. Requests to testify 

are public records posted on the internet 

as received and can be retrieved by most 

internet search engines. 

FOR FURTHER INFORMATION CONTACT: 

Scott Ness, Office of Regulations and 

Interpretations, EBSA, 202–693–8510 

(not a toll-free number). 

SUPPLEMENTARY INFORMATION: 

Background 

On November 3, 2023, the Department 

published in the Federal Register a 

proposed rule entitled Retirement 

Security Rule: Definition of an 

Investment Advice Fiduciary.1 If 

adopted as proposed, the rule would 

amend the Department’s current 

regulation that defines who is a 

‘‘fiduciary’’ of an employee benefit plan 

for purposes of Title I of the Employee 

Retirement Income Security Act of 1974 

(ERISA) as a result of providing 

investment advice to a plan or its 

participants or beneficiaries for a fee or 

other compensation, direct or indirect. 

The proposed rule also would amend a 

parallel regulation defining who is a 

‘‘fiduciary’’ of a plan described in 

Internal Revenue Code section 4975, 

including an individual retirement 

account, for purposes of Title II of 

ERISA. 

In the same edition of the Federal 

Register, the Department also published 

proposed amendments to PTE 2020–02 

(entitled ‘‘Improving Investment Advice 

for Workers & Retirees’’), proposed 

amendments to PTE 84–24, and 

proposed amendments to several other 

existing administrative PTEs that are 

available to investment advice 

fiduciaries.2 The full text and other 

information regarding the rule and PTE 

amendments is available on EBSA’s 

website: https://www.dol.gov/agencies/ 

ebsa/laws-and-regulations/laws/erisa/ 

retirement-security. 

In the Federal Register documents, 

the Department announced that it 

anticipated holding a public hearing 

approximately 45 days following 

publication, and that it would publish 

specific information regarding the date, 

location, and submission of requests to 

testify in the Federal Register. The 

Department is hereby notifying the 

public that it will hold a virtual public 

hearing on the proposed rule and 

associated proposed amendments to the 

prohibited transaction exemptions on 

December 12 through December 13, 

2023, continuing on December 14, 2023 

(if necessary), beginning each day at 9 

a.m. EST, via WebEx. Registration 

information to access and view the 

hearing on WebEx will be available 

within a reasonable time before the 

hearing on EBSA’s website: https://

www.dol.gov/agencies/ebsa. 

Instructions for Submitting Requests To 

Testify 

Individuals and organizations 

interested in testifying at the public 

hearing must submit a written request to 

testify by November 29, 2023. Requests 

to testify must include: 

(1) the name, title, organization, 

address, email address, and telephone 

number of the individual who would 

testify; 

(2) if applicable, the name of the 

organization(s) whose views would be 

represented; and 

(3) the date of the requester’s written 

comment on the proposed rule or 

exemption proposals (if already 

submitted). 

Any requestors with disabilities 

requiring special accommodations for 

their testimony should contact Scott 

Ness at the phone number listed above 

after submitting their written request, no 

later than five business days in advance 

of the hearing. To request ASL 

Interpreting or captioning services for 

this event, please contact 

Interpreting.Services@dol.gov at least 

five business days in advance of the 

hearing. 

The Department will organize the 

hearing into several moderated panels. 

Presenters will be given 10 minutes to 

testify, and they should be prepared to 

answer questions regarding their 

testimony. EBSA may limit the number 

of presenters based on how many 

testimony requests it receives. In that 

event, EBSA will ensure that the 

broadest array of viewpoints on all 

aspects of the proposals are represented 

and will include in the public record all 

testimony requests it receives. EBSA 

encourages submission of written 

comments from all interested parties, 

regardless as to whether any entity 

provides oral testimony during the 

hearing. 

EBSA will post a hearing agenda 

containing the panel compositions and 

presentation times no later than the 

close of business on December 7, 2023, 

on its website: https://www.dol.gov/ 

agencies/ebsa. 

Important note: In the event that a 

lapse in appropriations occurs, EBSA 

may not be able to post the hearing 

agenda on its website by close of 

business on December 7, 2023, as stated 

above. If the agenda is not posted by the 

close of business on December 7, 2023, 

the hearing is postponed. EBSA will 

publish a subsequent notice in the 

Federal Register announcing the 

updated date and time for the hearing 

within a reasonable time after any lapse 

in appropriations ends. 

The hearing will be transcribed, and 

the Department will notify the public 

when the hearing transcript is available 

on EBSA’s website at: https://

www.dol.gov/agencies/ebsa. 

Signed at Washington, DC, this 14th day of 

November, 2023. 

Lisa M. Gomez, 

Assistant Secretary, Employee Benefits 

Security Administration, U.S. Department of 

Labor. 

[FR Doc. 2023–25522 Filed 11–17–23; 8:45 am] 

BILLING CODE 4510–29–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 38 

RIN 2900–AR88 

Commemorative Plaques and Urns 

AGENCY: Department of Veterans Affairs. 

ACTION: Proposed rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) proposes to revise its 

regulations to implement new statutory 

authority to furnish commemorative 

plaques and urns for certain veterans 

whose cremated remains are not 

interred. This proposed rule is 

necessary to administer the new 

benefits, which were authorized by the 

‘‘Johnny Isakson and David P. Roe, M.D. 

Veterans Health Care and Benefits 

Improvement Act of 2020’’ (the Act). 

DATES: Comments must be received by 

VA on or before January 19, 2024. 

ADDRESSES: Comments must be 

submitted through www.regulations.gov. 

Except as provided below, comments 

received before the close of the 

comment period will be available at 

www.regulations.gov for public viewing, 

inspection, or copying, including any 

personally identifiable or confidential 

business information that is included in 


ddrumheller on DSK120RN23PROD with PROPOSALS1
80650 Federal Register / Vol. 88, No. 222 / Monday, November 20, 2023 / Proposed Rules 

a comment. We post the comments 

received before the close of the 

comment period on the following 

website as soon as possible after they 

have been received: https://

www.regulations.gov. VA will not post 

on Regulations.gov public comments 

that make threats to individuals or 

institutions or suggest that the 

commenter will take actions to harm the 

individual. VA encourages individuals 

not to submit duplicative comments. We 

will post acceptable comments from 

multiple unique commenters even if the 

content is identical or nearly identical 

to other comments. Any public 

comment received after the comment 

period’s closing date is considered late 

and will not be considered in the final 

rulemaking. 

FOR FURTHER INFORMATION CONTACT: Eric 

Powell, Director, Memorial Products 

Service, National Cemetery 

Administration, Department of Veterans 

Affairs, 810 Vermont Avenue NW, 

Washington, DC 20420. Telephone: 

202–632–8670 (this is not a toll-free 

number). 

SUPPLEMENTARY INFORMATION: 

Section 2306 of title 38, United States 

Code, authorizes VA’s National 

Cemetery Administration (NCA) to 

furnish headstones, markers, 

medallions, and burial receptacles to 

eligible individuals. Section 2207 of the 

Act (Pub. L. 116–315) amended sec. 

2306 by adding a new subsection (h), 

which created a new memorialization 

authority for NCA to furnish, upon 

request, an urn or commemorative 

plaque for a veteran whose cremated 

remains are not interred in a national 

cemetery, a State veterans’ cemetery, a 

tribal cemetery, a county cemetery, or a 

private cemetery. Once the 

commemorative plaque or urn is 

furnished, VA is prohibited from 

interring that veteran in a VA national 

cemetery or providing a Governmentfurnished headstone or marker in any 

cemetery. 38 U.S.C. 2306(h)(2). VA 

proposes to add a new 38 CFR 38.634 

to its regulations to implement the new 

statutory authority. 

General Information About VA’s Plaque 

and Urn Benefits 

Proposed § 38.634(a) would provide 

general information about the 

commemorative plaque and urn 

benefits. Section 2207 of the Act refers 

to ‘‘urns and commemorative plaques.’’ 

We note that, although sec. 2306 uses 

the word ‘‘commemorating’’ in relation 

to the memorial headstone or marker 

benefit when remains are unavailable, 

see 38 U.S.C. 2306(b)(1), (g)(2), (i)(2), the 

plain language of sec. 2306(h)(1)(B) does 

not limit the plaque benefit to only 

when remains are unavailable. 

Therefore, we interpret the statute as 

using the word ‘‘commemorative’’ 

merely to describe the plaque as 

honoring the deceased veteran rather 

than require the unavailability of the 

cremated remains. Because both the urn 

and plaque benefit would similarly 

signify an individual’s status as a 

veteran, we propose to refer to them as 

‘‘commemorative plaques and 

commemorative urns’’ or 

‘‘commemorative plaques and urns’’ in 

§ 38.634. 

Section 2306(h)(1) provides that VA 

will furnish a commemorative plaque or 

urn for an eligible veteran, upon 

request, ‘‘[i]n lieu of furnishing a 

headstone or marker’’ under subsection 

(d), and sec. 2306(h)(2) prohibits VA 

from providing a headstone or marker to 

an eligible veteran who receives a 

commemorative plaque or urn. 

Subsection (h), however, does not 

address medallions. We propose to 

clarify in § 38.634(a)(1) and (a)(3), 

respectively, that VA will furnish a 

commemorative plaque or urn for an 

eligible veteran, upon request, ‘‘[i]n lieu 

of furnishing a headstone, marker, or 

medallion’’ and that VA cannot furnish 

a headstone, marker, or medallion for an 

eligible veteran in addition to a 

commemorative plaque or urn. 

‘‘The Secretary shall furnish, when 

requested, an appropriate Government 

headstone or marker at the expense of 

the United States for the grave of an 

individual . . . . who is buried in a 

private cemetery.’’ 38 U.S.C. 2306(d)(1). 

‘‘In lieu of furnishing a headstone or 

marker under this subsection to a 

deceased individual’’ who ‘‘is eligible 

for a headstone or marker furnished 

under [sec. 2306(d)(1)],’’ ‘‘the Secretary 

may furnish, upon request, a medallion 

. . . to be attached to a headstone or 

marker furnished at private expense.’’ 

38 U.S.C. 2306(d)(4). Given that an 

individual is only eligible for a 

medallion if the individual is ‘‘eligible 

for a headstone or marker furnished 

under [sec. 2306(d)(1)]’’ and an 

individual is only eligible for a 

headstone or marker under sec. 

2306(d)(1) if the individual is ‘‘buried in 

a private cemetery,’’ it follows that, to 

be eligible for a medallion, an 

individual must be ‘‘buried in a private 

cemetery.’’ Conversely, to be eligible for 

a plaque or urn, an individual must be 

one whose remains were ‘‘cremated and 

not interred in . . . a private cemetery.’’ 

38 U.S.C. 2306(h)(3)(C) (emphasis 

added). Therefore, an individual cannot 

be eligible for a plaque or urn and a 

medallion simultaneously. 

Section 2306(h)(2)(A) unequivocally 

states that, if VA provides a plaque or 

urn for an individual, VA ‘‘may not 

provide . . . a headstone or marker’’ for 

such individual. In other words, once 

VA has provided a commemorative 

plaque or urn for an individual, that 

individual is no longer ‘‘eligible for a 

headstone or marker,’’ and an 

individual who is not ‘‘eligible for a 

headstone or marker’’ is not eligible for 

a medallion. 38 U.S.C. 2306(d)(4). The 

reverse is also true because VA 

furnishes a medallion ‘‘in lieu of’’ a 

headstone or marker. In other words, 

once VA furnishes a medallion, VA 

cannot provide a headstone or marker. 

If VA is precluded from furnishing a 

headstone or marker, then the 

individual is prohibited from receiving 

it, and an individual who is not eligible 

to receive a headstone or marker cannot 

be provided with a plaque or urn. 

VA notes an inconsistency in the 

statute, which does not change the 

above analysis. Section 2306(h)(3) 

describes an individual who is eligible 

for the urn or plaque benefit as an 

individual ‘‘who is eligible for a 

headstone or marker furnished under 

[sec. 2306(d)]’’ and ‘‘whose remains 

were cremated and not interred . . . in 

a private cemetery.’’ Section 2306(d) is 

VA’s supplemental headstone or marker 

authority for an eligible individual 

defined in sec. 2306(a)(2) or (5) who is 

interred in a private cemetery with a 

privately marked grave. A supplemental 

headstone or marker generally signifies 

an individual’s privately marked grave 

in a private cemetery as that of a 

veteran, which aligns with plaque and 

urn eligibility. For plaque and urn 

eligibility purposes, VA must consider 

the reference to sec. 2306(d) in sec. 

2306(h)(3) as referring to eligible 

veterans defined in sec. 2306(a)(2) and 

(5) rather than simply considering 

whether an eligible veteran is interred 

in a private cemetery and is eligible for 

a Government-furnished headstone or 

marker under sec. 2306(d). Otherwise, 

sec. 2306(h)(3) would require an 

individual to be both buried in a private 

cemetery and not to be interred in a 

private cemetery to be eligible for the 

urn or plaque. VA believes this was an 

inadvertent oversight and that 

Congress’s overarching intent was to 

limit an eligible individual listed in 

2306(a)(2) or (5) to one of the 

following—a headstone or marker, a 

medallion, or a plaque or urn—as 

discussed above. 

VA proposes to provide in 

§ 38.634(a)(2) definitions for a 

‘‘commemorative urn’’ and 

‘‘commemorative plaque.’’ For purposes 

of these new benefits, a 


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Federal Register / Vol. 88, No. 222 / Monday, November 20, 2023 / Proposed Rules 80651 

‘‘commemorative urn’’ would mean a 

container that signifies the deceased 

individual’s status as a veteran, in 

which an individual’s cremated remains 

may be placed at private expense. A 

‘‘commemorative plaque’’ would mean a 

tablet that signifies the deceased 

individual’s status as a veteran. 

Consistent with sec. 2306(h)(4)(A) and 

as discussed further below, proposed 

§ 38.634(a)(4) would state that any 

commemorative plaque or urn furnished 

by VA would be the personal property 

of the applicant for such benefit. 

Section 2306(h)(4)(B) provides that 

the Federal Government shall not be 

liable for any damage that occurs after 

the date on which the commemorative 

plaque or urn is furnished. As such, we 

propose to clarify in § 38.634(a)(5) that 

VA would not replace a commemorative 

plaque or urn unless it was damaged 

during shipping or contains a 

manufacturing deficiency or inscription 

error. Limiting replacements or repairs 

to these circumstances ensures VA 

would only replace the plaque or urn for 

problems that occurred before VA 

furnished the urn or plaque. 

Eligibility for a Commemorative Plaque 

or Urn 

Proposed § 38.634(b) would 

implement statutory requirements for 

the decedent intended to be 

memorialized by a commemorative 

plaque or urn. Section 2306(h)(3) 

defines an eligible veteran for the 

plaque or urn benefit as a deceased 

individual who served in the Armed 

Forces on or after April 6, 1917, who is 

eligible for a headstone or marker 

furnished under sec. 2306(d) (or would 

be so eligible but for the date of the 

death of the individual), and whose 

remains were cremated and not interred 

in a national cemetery, a State veterans’ 

cemetery, a tribal cemetery, a county 

cemetery, or a private cemetery. 

Consistent with the discussion above, 

proposed § 38.634(b)(2) would add a 

clause to the eligibility criteria 

indicating that the deceased veteran 

must not have received a Governmentfurnished headstone, marker, or 

medallion. Again, we do not believe 

NCA would be authorized to provide a 

plaque or urn for an individual for 

whom NCA has previously provided a 

headstone, marker, or medallion. 

VA proposes to revise its current 

definition of ‘‘interment’’ found in 38 

CFR 38.600(a) to achieve the statutory 

intent of this new benefit. The current 

wording ‘‘placement . . . of cremated 

remains’’ may create a discrepancy as 

applied to the new plaque or urn 

benefit. We anticipate that many 

applicants desiring to commemorate a 

veteran loved one may have already 

‘‘placed’’ the cremated remains on a 

shelf or in another location within their 

private residence, and we do not want 

to discourage them from applying. 

Therefore, we propose to clarify that 

‘‘interment’’ includes ‘‘the placement of 

cremated remains in a columbarium 

niche.’’ Additionally, we propose to 

clarify that ‘‘interment’’ includes 

entombment of cremated remains, 

which VA considers as a practical 

equivalent of burial of remains in an 

above-ground setting (e.g., mausoleum, 

columbarium). We also propose to 

remove the reference to ‘‘scattering of 

cremated remains’’ in the current 

definition of ‘‘interment’’ in § 38.600(a) 

because such language is inconsistent 

with the language in sec. 2306(b)(3)(D), 

which provides that ‘‘the remains of an 

individual shall be considered to be 

unavailable if the individual’s remains 

. . . were cremated and the ashes 

scattered without interment of any 

portion of the ashes.’’ 

Section 2306(h)(3)(C) provides that 

the remains of an eligible individual 

must have been cremated and ‘‘not 

interred in a national cemetery, a State 

veterans’ cemetery, a tribal cemetery, a 

county cemetery, or a private cemetery.’’ 

VA proposes that an interment in any 

cemetery would prevent VA from 

issuing a commemorative plaque or urn 

for that veteran. For purposes of 

implementing sec. 2306(h)(3)(C) in 

proposed § 38.634(b)(3), VA would 

consider interment in any Government 

cemetery at any level as precluding 

authorization for the benefit, in addition 

to those cemeteries explicitly listed in 

the statute. Without this clarification, 

application of this benefit would create 

absurd results. For example, VA would 

be authorized to furnish a plaque or urn 

for a veteran interred in a non-veteran 

State or non-‘‘national’’ Federal 

cemetery (such as a State or Federal 

prison cemetery), or a city or village 

cemetery, but would be prohibited from 

furnishing a plaque or urn to a veteran 

interred in a national cemetery, a State 

veterans’ cemetery, or a county-owned 

cemetery. 

For similar reasons, we would 

consider a ‘‘private cemetery,’’ as 

referenced in sec. 2306(h)(3)(C), to mean 

any private, non-Government property 

used for an interment. NCA’s current 

practice is to provide a headstone or 

marker to an eligible individual interred 

on any private property, including a 

backyard. This is consistent with sec. 

2306(a)(2), which authorizes VA to 

furnish an appropriate headstone or 

marker to ‘‘any individual eligible for 

burial in a national cemetery (but not 

buried there)’’ with certain exclusions. 

Without the language proposed in 

§ 38.634(b)(3), i.e., if ‘‘private cemetery’’ 

does not include any private, nonGovernment property used for an 

interment, VA would be required to 

furnish a commemorative plaque or 

commemorative urn to a veteran whose 

remains are interred in someone’s 

backyard, but we would be prohibited 

from furnishing a plaque or urn to a 

veteran whose remains are interred in a 

church ‘‘cemetery’’ with a single 

gravesite. NCA’s broader definition not 

only follows its current practice, but it 

aligns with an underlying intent of the 

statute that the plaque and urn is to be 

given ‘‘in lieu of’’ other benefits. These 

proposed standards eliminate possible 

absurd results and inconsistency with 

current practice and clarifies for 

potential applicants and VA the extent 

of VA’s authority to furnish a 

commemorative plaque or urn benefit 

before they apply. 

Application Process 

In § 38.634(c), VA proposes to define 

who may apply for a commemorative 

plaque or urn and to provide procedures 

for requesting them. VA proposes to 

utilize existing claims processes to 

promote consistency in application and 

processing. 

Section 2306(h)(4)(A) provides that a 

commemorative plaque or urn furnished 

for an eligible veteran becomes the 

personal property of the veteran’s next 

of kin or such other individual as the 

Secretary considers appropriate. 

Accordingly, for the reasons stated 

below, VA proposes to define 

‘‘applicant’’ to mean a member of the 

decedent’s family, which includes the 

decedent’s spouse or individual who 

was in a legal union as defined in 

§ 3.1702(b)(1)(ii) with the decedent; a 

child, parent, or sibling of the decedent, 

whether biological, adopted, or step 

relation; and any lineal or collateral 

descendant of the decedent. 

VA is concerned about the finality of 

the decision to request these benefits 

which after benefit delivery would 

statutorily exclude the veteran from 

interment in a VA national cemetery 

and other memorialization. To minimize 

the potential for unintended forfeitures 

of benefits, family disputes and 

duplicate claims, we propose to require 

a commemorative plaque or urn 

applicant to be the family member who 

is authorized to make decisions about 

the disposition of the veteran’s remains 

and is also knowledgeable about the 

other benefits that will be precluded 

before they submit a claim. On the claim 

form, we would require applicants to 

certify that the remains have been 

cremated as required by sec. 


ddrumheller on DSK120RN23PROD with PROPOSALS1
80652 Federal Register / Vol. 88, No. 222 / Monday, November 20, 2023 / Proposed Rules 

2306(h)(3)(C), that no portion of the 

cremated remains are interred, that they 

are the individual empowered to make 

decisions concerning disposition of the 

veteran and they are knowledgeable 

about the impacts of the claim on other 

VA benefits. We also propose to have 

applicants certify on the claim form that 

they are in possession of the entirety of 

the veteran’s cremated remains. These 

certifications are necessary to minimize 

the possibility of VA receiving duplicate 

claims for the same veteran, reduce 

family disputes, and lessen the potential 

for a family member to unintentionally 

forfeit entitlement to other VA benefits. 

Other required claim information 

would include documentation of the 

decedent’s eligibility and the applicant’s 

contact information and mailing 

address. 

Executive Orders 12866, 13563 and 

14094 

Executive Orders 12866 (Regulatory 

Planning and Review) directs agencies 

to assess the 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 effects, and other advantages; 

distributive impacts; and equity). 

Executive Order 13563 (Improving 

Regulation and Regulatory Review) 

emphasizes the importance of 

quantifying both costs and benefits, 

reducing costs, harmonizing rules, and 

promoting flexibility. Executive Order 

14094 (Modernizing Regulatory Review) 

supplements and reaffirms the 

principles, structures, and definitions 

governing contemporary regulatory 

review established in Executive Orders 

12866 and 13563. The Office of 

Information and Regulatory Affairs has 

determined that this rulemaking is not 

a significant regulatory action under 

Executive Order 12866, as amended by 

Executive Order 14094. The Regulatory 

Impact Analysis associated with this 

rulemaking can be found as a 

supporting document at 

www.regulations.gov. 

Regulatory Flexibility Act 

The Secretary hereby 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 

factual basis for this certification is 

based on the absence of small entities’ 

involvement with the provisions of the 

rulemaking. Therefore, pursuant to 5 

U.S.C. 605(b), the initial and final 

regulatory flexibility analysis 

requirements of 5 U.S.C. 603 and 604 do 

not apply. 

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, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

(adjusted annually for inflation) in any 

one year. This proposed rule would 

have no such effect on State, local, and 

tribal governments, or on the private 

sector. 

Paperwork Reduction Act 

This proposed rule includes 

provisions constituting a new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3521) that require approval by the Office 

of Management and Budget (OMB). 

Accordingly, under 44 U.S.C. 3507(d), 

VA has submitted a copy of this 

rulemaking action to OMB for review 

and approval. 

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. Proposed § 38.634 contains a 

collection of information under the 

Paperwork Reduction Act of 1995. If 

OMB does not approve the collection of 

information as requested, VA will 

immediately remove the provisions 

containing a collection of information or 

take such other action as is directed by 

OMB. 

Comments on the new collection of 

information contained in this 

rulemaking should be submitted 

through www.regulations.gov. 

Comments should indicate that they are 

submitted in response to ‘‘RIN 2900– 

AR88(P) Commemorative Plaques and 

Urns’’ and should be sent within 60 

days of publication of this rulemaking. 

Collection of information associated 

with this rulemaking can be viewed at: 

www.reginfo.gov/public/do/PRAMain. 

OMB is required to make a decision 

concerning the collection of information 

contained in this rulemaking between 

30 and 60 days after publication of this 

rulemaking in the Federal Register (FR). 

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 on 

the provisions of this rulemaking. 

The Department considers comments 

by the public on proposed collections of 

information in— 

• Evaluating whether the new 

collections 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 new collection 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. 

The collection of information 

associated with this rulemaking 

contained in § 38.634 is described 

immediately following this paragraph. 

• Title: Request for Commemorative 

Plaque or Urn. 

• OMB Control No: 2900–XXXX 

(New/TBD). 

• CFR Provision: 38 CFR 38.634. 

• Summary of collection of 

information: The new collection of 

information in proposed § 38.634 would 

require information necessary to 

establish the identity of a deceased 

veteran to verify burial eligibility under 

38 U.S.C. 2402 for purposes of 

furnishing a commemorative plaque or 

urn, as authorized under 38 U.S.C. 

2306(h). It would also require 

information regarding the applicant’s 

relationship to the deceased veteran, the 

applicant’s certification as to certain 

factual matters, and the applicant’s 

contact information. 

• Description of need for information 

and proposed use of information: The 

information would be used by VA to 

verify an individual’s service in the 

Armed Forces on or after April 6, 1917; 

eligibility for a headstone, marker, or 

medallion that VA has not yet furnished 

under sec. 2306(d); and that the 

individual’s remains were cremated and 

not interred. Information regarding the 

applicant’s relationship to the deceased 

veteran would be used to verify that the 

applicant is a family member 

empowered to make decisions regarding 

memorialization of the veteran and 

disposition of any remains. 

• Description of likely respondents: 

Veterans’ family members. 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 222 / Monday, November 20, 2023 / Proposed Rules 80653 

• Estimated number of respondents 

per year: 1,684. 

• Estimated frequency of responses 

per year: This is a one-time collection. 

• Estimated average burden per 

response: 10 minutes. 

• Estimated total annual reporting 

and recordkeeping burden: VA 

estimates the total annual reporting and 

recordkeeping burden to be 280.6667 

hours (1,684 respondents × 10 minutes/ 

60 minutes). 

• Estimated cost to respondents per 

year: VA estimates the annual cost to 

respondents to be $8352.64. Using VA’s 

average annual number of 1,684 

respondents, VA estimates the total 

information collection burden cost to be 

$8352.64 per year (280.6667 burden 

hours (1,684 respondents × 10 minutes/ 

60 minutes) × $29.76 mean hourly 

wage). 

* To estimate the respondents’ total 

information collection burden cost, VA 

uses the Bureau of Labor Statistics (BLS) 

mean hourly wage for ‘‘All 

Occupations’’ of $29.76. This 

information is available at https://

www.bls.gov/oes/2022/may/oes_

nat.htm#00-0000. 

List of Subjects in 38 CFR Part 38 

Administrative practice and 

procedure, Cemeteries, Claims, 

Veterans. 

Signing Authority 

Denis McDonough, Secretary of 

Veterans Affairs, signed and approved 

this document on November 13, 2023, 

and authorized the undersigned to sign 

and submit the document to the Office 

of the Federal Register for publication 

electronically as an official document of 

the Department of Veterans Affairs. 

Luvenia Potts, 

Regulation Development Coordinator Office 

of Regulation Policy & Management, Office 

of General Counsel, Department of Veterans 

Affairs. 

For the reasons set forth in the 

preamble, 38 CFR part 38 is proposed to 

be amended as follows: 

PART 38—NATIONAL CEMETERIES 

OF THE DEPARTMENT OF VETERANS 

AFFAIRS 

■ 1. The authority citation for part 38 

continues to read as follows: 

Authority: 38 U.S.C. 107, 501, 512, 531, 

2306, 2400, 2402, 2403, 2404, 2407, 2408, 

2411, 7105. 

■ 2. Amend § 38.600 by revising the 

definition of Interment to read as 

follows: 

§ 38.600 Definitions. 

(a) * * * 

* * * * * 

Interment means the burial or 

entombment of casketed or cremated 

remains, including the placement of 

cremated remains in a columbarium 

niche. 

* * * * * 

■ 3. Add § 38.634 to read as follows: 

§ 38.634 Commemorative urns and 

plaques. 

(a) General. (1) In lieu of furnishing a 

headstone, marker, or medallion under 

this part, the Department of Veterans 

Affairs (VA) will furnish, when 

requested— 

(i) A commemorative urn; or 

(ii) A commemorative plaque. 

(2) Definitions. For the purposes of 

this section: 

(i) Commemorative urn means a 

container that signifies the deceased 

individual’s status as a veteran, in 

which the individual’s cremated 

remains may be placed at private 

expense. 

(ii) Commemorative plaque means a 

tablet that signifies the deceased 

individual’s status as a veteran. 

(3) If VA furnishes a commemorative 

plaque or a commemorative urn for an 

individual under this section, VA may 

not provide for such individual— 

(i) A headstone, marker, or medallion; 

or 

(ii) Any burial benefit under 38 U.S.C. 

2402. 

(4) Any commemorative plaque or 

commemorative urn furnished under 

this section shall be the personal 

property of the applicant. 

(5) The Federal Government shall not 

be liable for any damage to a 

commemorative plaque or urn furnished 

under this section that occurs after the 

date on which the commemorative 

plaque or urn is furnished. VA will not 

replace a commemorative plaque or urn 

unless it was damaged during shipping 

or contains a manufacturing deficiency 

or inscription error. 

(b) Eligible individuals to be 

commemorated. An eligible individual 

for purposes of this section is a 

deceased individual: 

(1) Who served in the Armed Forces 

on or after April 6, 1917; 

(2) Who is eligible for, but has not 

received, a headstone, marker, or 

medallion under 38 U.S.C. 2306(d) (or 

would be so eligible but for the date of 

the death of the individual); and 

(3) Whose remains were cremated and 

not interred (see § 38.600 for definition 

of interment). 

(c) Application process—(1) 

Applicant. An applicant for a 

commemorative plaque or urn must be 

a member of the veteran’s family, which 

includes the veteran’s spouse or 

individual who was in a legal union as 

defined in § 3.1702(b)(1)(ii) of this 

chapter with the veteran; a child, 

parent, or sibling of the veteran, 

whether biological, adopted, or step 

relation; and any lineal or collateral 

descendant of the veteran. 

(2) Application. An applicant must 

submit a completed VA Form 40– 

1330UP, Claim for Commemorative Urn 

or Commemorative Plaque for Veteran’s 

Cremains Not Interred in a Cemetery. 

The National Cemetery Administration 

will verify the decedent’s eligibility for 

a commemorative plaque or urn. 

Applicants must certify that they have 

read a statement about other benefits to 

which the veteran will lose benefit 

rights, that the decedent’s remains were 

cremated and are not interred at the 

time of application, that the applicant is 

a member of the decedent’s family 

authorized to make decisions about the 

disposition of the decedent’s remains, 

and that the applicant is in possession 

of the entirety of the cremains. Other 

required claim information will include 

documentation of the decedent’s 

eligibility and the applicant’s contact 

information and mailing address. VA’s 

duty to notify claimants of necessary 

information or evidence under 

§ 3.159(b) of this chapter and duty to 

assist claimants in obtaining evidence 

under § 3.159(c) of this chapter will 

apply. 

[FR Doc. 2023–25595 Filed 11–17–23; 8:45 am] 

BILLING CODE 8320–01–P 

POSTAL SERVICE 

39 CFR Part 501 

Authorization To Manufacture and 

Distribute Postage Evidencing 

Systems 

AGENCY: Postal ServiceTM. 

ACTION: Proposed rule. 

SUMMARY: The Postal Service is 

amending its Postage Evidencing 

Systems regulations to ensure 

compliance for Automated 

Clearinghouse or ACH payment 

transactions and to clarify obligations 

related to all payments. These changes 

require the applicable resetting 

company (RC) and PC Postage provider 

to comply with the latest NACHA rules 

published by the North American 

Clearing House Association for ACH 

transactions. These responsibilities 

include providing a written statement 

signed by an executive officer of the 


ddrumheller on DSK120RN23PROD with PROPOSALS1