2480 Federal Register / Vol. 72, No. 12 / Friday, January 19, 2007 / Proposed Rules 

flight deck door and applicable corrective 

actions by doing all of the actions in the 

Accomplishment Instructions of C&D 

Aerospace Alert Service Bulletin B221001–

52A02, dated November 5, 2002; except 

where the service bulletin specifies installing 

a placard, this AD does not require that 

action. Any applicable corrective actions 

must be done before further flight. 

Note 2: For the purposes of this AD, a 

general visual inspection is ‘‘a visual 

examination of a interior or exterior area, 

installation or assembly to detect obvious 

damage, failure or irregularity. This level of 

inspection is made from within touching 

distance unless otherwise specified. A mirror 

may be necessary to ensure visual access to 

all surfaces in the inspection area. This level 

of inspection is made under normal available 

lighting conditions such as daylight, hangar 

lighting, flashlight or drop-light and may 

require removal or opening of access panels 

or doors. Stands, ladders or platforms may be 

required to gain proximity to the area being 

checked.’’

Parts Installation 

(n) As of July 19, 2005, no person may 

install a reinforced flight deck door under 

any STC listed in Table 1 of this AD, on any 

airplane, unless all applicable requirements 

of this AD have been done on the door. 

New Requirements of This AD 

Inspection and Corrective Actions if 

Necessary for Certain Airplanes 

(o) For Boeing Model 737–300, –400, and 

–500 series airplanes equipped with flight 

deck door assembly P/N B221001: Within 18 

months after the effective date of this AD, do 

the actions specified in paragraph (m)(2) of 

this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(p)(1) The Manager, Los Angeles Aircraft 

Certification Office, FAA, has the authority to 

approve AMOCs for this AD, if requested in 

accordance with the procedures found in 14 

CFR 39.19. 

(2) Before using any AMOC approved in 

accordance with § 39.19 on any airplane to 

which the AMOC applies, notify the 

appropriate principal inspector in the FAA 

Flight Standards Certificate Holding District 

Office. 

(3) AMOCs approved previously in 

accordance with AD 2005–12–05 are 

approved as AMOCs for the corresponding 

provisions of this AD. 

Issued in Renton, Washington, on 

December 26, 2006. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E7–708 Filed 1–18–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 38 

RIN 2900–AM53 

Headstone and Marker Application 

Process 

AGENCY: Department of Veterans Affairs. 

ACTION: Proposed rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) proposes to amend its 

regulations concerning headstones and 

markers furnished by the Government 

through the National Cemetery 

Administration (NCA) headstone and 

marker program. The proposed 

amendments are necessary to update 

ordering procedures for headstones and 

markers and to provide instructions for 

requesting the addition of a new 

emblem of belief to VA’s list of emblems 

of belief available for inscription on 

Government-furnished headstones and 

markers. The proposed amendments 

would also establish criteria to guide 

VA’s decisions on requests to add new 

emblems of belief to the list. 

DATES: Comments must be received by 

VA on or before March 20, 2007. 

ADDRESSES: Written comments may be 

submitted through http:// 

www.Regulations.gov; by mail or handdelivery to the Director, Regulations 

Management (00REG), Department of 

Veterans Affairs, 810 Vermont Avenue, 

NW., Room 1068, Washington, DC 

20420; or by fax to (202) 273–9026. 

Comments should indicate that they are 

submitted in response to ‘‘RIN 2900–

AM53—Headstone and Marker 

Application Process.’’ Copies of 

comments received will be available for 

public inspection in the Office of 

Regulation Policy and Management, 

Room 1063B, between the hours of 8 

a.m. and 4:30 p.m., Monday through 

Friday (except holidays). Please call 

(202) 273–9515 for an appointment. In 

addition, during the comment period, 

comments may be viewed online 

through the Federal Docket Management 

System (FDMS) at http:// 

www.Regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Lindee Lenox, Director, Memorial 

Programs Service, Office of Field 

Programs, 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: NCA 

administers VA’s memorial benefits 

programs, which include providing for 

the interment of eligible deceased 

veterans, their spouses, and other 

eligible dependents in national 

cemeteries. Currently, NCA maintains 

more than 2.7 million gravesites at 124 

national cemeteries in 39 States and 

Puerto Rico, as well as 33 soldiers’ lots 

and monument sites. Congress has 

authorized VA to promulgate all 

necessary rules and regulations to 

ensure that these cemeteries are 

maintained as ‘‘national shrines as a 

tribute to our gallant dead’’ and that 

graves are appropriately marked. 38 

U.S.C. 2403(b) and (c), 2404(a) and (c). 

Section 2306 of title 38, United States 

Code, provides that VA shall furnish 

headstones and markers for the graves of 

eligible veterans and their eligible 

family members. Under 38 U.S.C. 

2404(c)(1), each grave in a national 

cemetery ‘‘shall be marked with an 

appropriate marker. Such marker shall 

bear the name of the person buried, the 

number of the grave, and such other 

information as the Secretary [of 

Veterans Affairs] shall by regulation 

prescribe.’’ VA’s current regulations 

describe the process for ordering a 

headstone or marker and note that the 

types of Government-furnished 

headstones, markers, and inscriptions 

‘‘will be in accordance with policies 

approved by the Secretary [of Veterans 

Affairs].’’ See 38 CFR 38.630(a), 38.632. 

They also provide that inscriptions 

‘‘will be in accordance with the policies 

and specifications of the Under 

Secretary for Memorial Affairs.’’ 38 CFR 

38.630(b). 

In the National Cemeteries Act of 

1973, Pub. L. 93–43, Congress created 

the National Cemetery System by 

transferring certain national cemeteries 

and the headstone and marker program 

from the Department of the Army to 

VA’s predecessor, the Veterans 

Administration. At that time, the 

Department of the Army considered 

emblems of belief to be an appropriate 

optional inscription for Governmentfurnished headstones and markers. VA 

continued that policy under its 

management of the program but did not 

promulgate regulations specifying 

emblems of belief as an approved type 

of inscription. 

In this rule, VA proposes to update 

ordering procedures for headstones and 

markers and to clarify its policy for 

requesting the addition of a new 

emblem of belief to VA’s list of emblems 

available for inscription on 

Government-furnished headstones and 

markers. 

Under current procedures, headstones 

and markers are ordered automatically 

from NCA Memorial Programs Service 

(MPS) during the process of arranging 


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an interment or memorialization of an 

eligible veteran or family member in a 

national cemetery or a State veterans 

cemetery that uses the NCA electronic 

ordering system. The cemetery staff 

enters the information received from the 

applicant directly into the NCA 

electronic ordering system, and no 

further application is necessary. When 

burial or memorialization is in a private 

cemetery or other cemetery that does 

not use the NCA electronic ordering 

system, the applicant must complete VA 

Form 40–1330, Application for Standard 

Government Headstone or Marker. The 

form, which may be submitted to the 

Memorial Programs Service by mail or 

by fax, provides general information 

about the headstone and marker benefit, 

to include information about the types 

of headstones or markers, eligibility, 

required identifying information, the 

application process, inscriptions, 

required signatures, and available 

assistance for completing the 

application. 

When ordering a Governmentfurnished headstone or marker, an 

applicant may request that VA also 

inscribe an emblem of belief, that 

represents the belief system of the 

decedent. The emblems of belief 

available for inscription on 

Government-furnished headstones and 

markers are listed at http:// 

www.cem.va.gov/cem/hm/hmemb.asp. 

Copies of this list are also available 

upon toll free telephone request to the 

Memorial Programs Service Applicant 

Assistance Unit at 1–800–697–6947. VA 

does not provide inscription of emblems 

identifying the decedent’s affiliation 

with social, cultural, ethnic, fraternal, 

trade, professional, or military groups. 

On occasion, an applicant will request 

an emblem of belief that is not currently 

available for inscription. Proposed 

§ 38.632(g) would establish criteria for 

evaluating a request to add a new 

emblem of belief to the list currently 

available for inscription. These criteria 

are necessary to ensure that: there is an 

immediate need to inscribe the 

proposed new emblem of belief on a 

new, first headstone or marker based on 

the death of an eligible individual, 

unless good cause is shown for an 

exception; the emblem meets the 

technical production requirements in 

proposed § 38.632(e)(7); and the 

affiliated organization does not promote 

or engage in activity that is illegal or 

contrary to clear public policy. These 

criteria also will ensure that the emblem 

is endorsed by a recognized authority or 

governing body of the affiliated 

organization representing a genuine and 

non-frivolous belief system and that the 

affiliated organization provides all of 

the information that VA needs to 

determine whether an emblem should 

be made available for headstone and 

marker inscriptions. 

VA proposes to define ‘‘belief system’’

in this rule broadly enough to 

accommodate religious beliefs held by 

groups of persons without 

discriminating against belief systems 

that appear to be secular but assume the 

functional significance of religious 

beliefs in the lives of groups of persons. 

In any event, VA would make no 

attempt to distinguish among the 

doctrines of various churches or other 

groups holding a system of belief, 

provided the beliefs are genuine and not 

frivolous, and the churches or other 

groups do not promote or engage in any 

activity that is illegal or contrary to clear 

public policy. 

While VA has never addressed 

recognition of belief systems in its 

regulations, we note that this issue 

arises in other Government contexts. For 

example, it is Department of Defense 

(DoD) policy to accommodate the free 

exercise of religion in the military as 

guaranteed by the Constitution of the 

United States, provided that it does not 

interfere with the military mission. See 

DoD Directive 1300.17 (2003). To 

facilitate this accommodation, DoD 

appoints military personnel for duty 

within the Chaplain Corps of each of the 

service departments. Chaplains must be 

endorsed by organizations that hold 

exempt status under section 501(c)(3) of 

the Internal Revenue Code (26 U.S.C. 

501(c)(3)) as a church for Federal tax 

purposes. Thus, an Internal Revenue 

Service (IRS) determination that an 

entity is exempt under section 501(c)(3) 

and classified as a church for purposes 

of sections 509(a)(1) and 170(b)(1)(A)(i) 

of the Internal Revenue Code (26 U.S.C. 

509(a)(1) and 170(b)(1)(A)(i)) is 

generally sufficient for purposes of 

appointing military chaplains. See DoD 

Directive 1304.19 (2004); DoD 

Instruction 1304.28 (2004). 

Certain characteristics generally are 

attributed to churches for Federal tax 

purposes. These attributes of a church 

have been identified by the IRS and by 

court decisions. They include: distinct 

legal existence; recognized creed and 

form of worship; definite and distinct 

ecclesiastical government; formal code 

of doctrine and discipline; distinct 

religious history; membership not 

associated with any other church or 

denomination; organization of ordained 

ministers; ordained ministers selected 

after completing prescribed courses of 

study; literature of its own; established 

places of worship; regular 

congregations; regular religious services; 

schools for the religious instruction of 

the young; schools for the preparation of 

its ministers. The IRS generally uses a 

combination of these characteristics, 

together with other facts and 

circumstances, to determine whether an 

organization is considered a church for 

federal tax purposes. The IRS makes no 

attempt to evaluate the content of 

whatever doctrine a particular 

organization claims is religious, 

provided the particular beliefs of the 

organization are truly and sincerely held 

by those professing them and the 

practices and rites associated with the 

organization’s belief or creed are not 

illegal or contrary to clearly defined 

public policy. See IRS Publication 1828, 

Tax Guide for Churches and Religious 

Organizations. 

In our view, the IRS criteria for 

determining whether an organization is 

a church for Federal income tax 

purposes may be helpful in determining 

whether an emblem of belief represents 

a genuine and not frivolous belief 

system and should be available for a VA 

Government-furnished headstone and 

marker inscription. If the IRS has 

determined that a group holding a 

particular belief system is a church 

under the Internal Revenue Code, we 

believe that determination should be 

one of the factors that VA considers in 

reviewing requests to add a new 

emblem of belief to the current list of 

emblems available for inscription on 

Government-furnished headstones and 

markers. Accordingly, in § 38.632(g)(2), 

we propose to state that VA will 

consider whether the IRS has issued a 

determination letter to an affiliated 

organization recognizing the 

organization as exempt under section 

501(c)(3) of the Internal Revenue Code 

and classifying it as a church for 

purposes of sections 509(a)(1) and 

170(b)(1)(A)(i) of the Code. We also 

propose to consider whether an 

affiliated organization that has not 

sought an IRS determination of its status 

under section 501(c)(3) appears to have 

the characteristics generally attributed 

to churches under IRS guidelines. 

Under proposed § 38.632(e), affiliated 

organizations will be required to 

address these factors and provide 

supporting documentation when 

endorsing an applicant’s request for a 

new emblem of belief. 

Using the evaluation criteria proposed 

in § 38.632(g) will ensure that available 

emblems represent only genuine and 

not frivolous belief systems and that the 

practices and rites associated with the 

belief system are not illegal or contrary 

to clear public policy. Establishing 

procedures and criteria for the 

inscription of emblems in this manner 

will help ensure that VA effectively 


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administers the headstone and marker 

program, efficiently produces 

headstones and markers upon request, 

and fulfills its obligation to maintain 

VA’s cemeteries as national shrines. VA 

intends to preclude the addition of any 

emblem that would have an adverse 

impact on the dignity and solemnity of 

cemeteries honoring those who served 

the Nation. 

Under proposed § 38.632, the process 

for requesting a new emblem of belief 

varies based on the place of burial or 

memorialization. When burial or 

memorialization is in a Federallyadministered cemetery or a State 

veterans cemetery that uses the NCA 

electronic ordering system, an applicant 

must submit a written request to the 

cemetery director for a headstone or 

marker bearing a new emblem of belief. 

The applicant must also arrange for an 

affiliated organization to endorse the 

proposed new emblem of belief as 

representative of the belief system and 

to submit the supplemental information 

specified in proposed § 38.632(e). When 

burial or memorialization is in a private 

cemetery or other cemetery that does 

not use the NCA electronic ordering 

system, the applicant must request a 

new emblem of belief in the Remarks 

section of VA Form 40–1330. This 

applicant must also arrange for an 

affiliated organization to endorse the 

proposed new emblem of belief as 

representative of the belief system and 

to submit the supplemental information 

specified in proposed § 38.632(e). 

VA would only consider requests for 

the addition of a new emblem of belief 

on a new, first, Government-furnished 

headstone or marker for a deceased 

eligible veteran or family member, 

unless good cause is shown for an 

exception. With regard to the goodcause exception, for example, if a 

request for a new emblem of belief had 

been denied under previous VA 

procedures and a Government-furnished 

headstone or marker had been issued 

without an inscribed emblem, VA 

would consider a request for the 

previously denied emblem under the 

procedures and requirements of this 

proposed rule. 

Requests for new emblems of belief 

would only be accepted from the 

decedent’s next-of-kin or personal 

representative. VA would not accept 

requests from organizations 

independently seeking the addition of a 

new emblem of belief. 

If a new emblem of belief request is 

received for a deceased eligible 

individual interred or memorialized in 

a Federally-administered cemetery or a 

State veterans cemetery, VA would 

furnish a headstone or marker without 

an emblem of belief to mark the grave 

while the request is being processed. If 

the requested emblem of belief is 

subsequently added to VA’s list of 

emblems, VA would furnish a 

replacement headstone or marker that 

bears the new emblem of belief. 

If a request for inscription of a new 

emblem of belief is received for a 

deceased eligible veteran interred or 

memorialized in a private cemetery, the 

applicant would be able to request that 

VA furnish a headstone or marker 

without an emblem to mark the grave 

while the request is being processed 

(with the option to replace the 

headstone or marker if the emblem is 

made available) or may choose to delay 

delivery of a headstone or marker to 

mark the grave until a decision is made. 

All costs for installation of a 

Government-furnished headstone or 

marker in a private cemetery are the 

responsibility of the applicant. Proper 

disposal of a replaced headstone or 

marker is also required to ensure that no 

portion of the inscription is legible and 

that the replaced headstone or marker 

cannot be used for private, personal, or 

commercial activities. 

Paperwork Reduction Act 

Although this proposed rule will 

impose a new information collection on 

affiliated organizations that endorse 

individual requests to add a new 

emblem of belief to VA’s list of emblems 

available for inscription on 

Government-furnished headstones and 

markers, VA has concluded that this 

new requirement will affect fewer than 

ten affiliated organizations within any 

12-month period. Under 5 CFR 

1320.3(c), requests that do not impose a 

collection of information on ten or more 

entities within any 12-month period do 

not constitute a collection of 

information under the Paperwork 

Reduction Act (44 U.S.C. 3501–3521). 

Therefore, this proposed rule contains 

no provisions constituting a new 

collection of information. The Office of 

Management and Budget (OMB) 

previously approved all collections of 

information referenced in this proposed 

rule under control number 2900–0222. 

This rule does not change those 

collections. 

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 

the Office of Management and Budget 

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 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 proposed rule have 

been examined, and it has been 

determined to be a significant regulatory 

action under the Executive Order 

because it is likely to result in a rule that 

may raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in the Executive Order. 

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 

rule may have an insignificant economic 

impact on the few affiliated 

organizations that endorse a new 

emblem of belief and provide 

supplemental information in support of 

an individual’s request. VA anticipates 

that fewer than 10 affiliated 

organizations will be affected by this 

collection of information in any one 

year. Therefore, pursuant to 5 U.S.C. 

605(b), this rule is exempt from the 

initial and final regulatory flexibility 

analysis requirements of 5 U.S.C. 603 

and 604. 

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 

one year. This proposed rule would 

have no such effect on State, local, and 


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tribal governments, or on the private 

sector. 

Catalog of Federal Domestic Assistance 

Program 

The Catalog of Federal Domestic 

Assistance program numbers and titles 

for this proposed rule are 64.201, 

National Cemeteries; and 64.202, 

Procurement of Headstones and Markers 

and/or Presidential Memorial 

Certificates. 

List of Subjects in 38 CFR Part 38 

Administrative practice and 

procedure, Cemeteries, Veterans. 

Approved: November 7, 2006. 

Gordon H. Mansfield, 

Deputy Secretary of Veterans Affairs. 

For the reasons set out in the 

preamble, VA proposes to amend 38 

CFR part 38 to read 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. 501(a), unless 

otherwise noted. 

2. Revise § 38.632 to read as follows: 

§ 38.632 Headstone and marker 

application process. 

(a) General. This section contains 

procedures for ordering a Governmentfurnished headstone or marker through 

the National Cemetery Administration 

(NCA) headstone and marker 

application process for burial or 

memorialization of deceased eligible 

veterans and eligible family members. It 

also contains procedures for requesting 

the addition of a new emblem to VA’s 

list of emblems of belief available for 

inscription on Government-furnished 

headstones and markers. 

(b) Definitions. For purposes of this 

section: 

(1) Affiliated organization refers to an 

organization that practices the system of 

beliefs that were held by a deceased 

eligible individual and that has a 

religious purpose. The term ‘‘religious 

purpose’’ includes a purpose that 

appears to be secular, but which 

nevertheless assumes the functional 

significance of a religious purpose. This 

term does not refer to any organization 

representing or affiliated with social, 

cultural, ethnic, fraternal, trade, 

professional, or military groups. 

(2) Applicant refers to the next of kin 

or personal representative of the 

deceased eligible individual who 

applies for a Government-furnished 

headstone or marker. 

(3) Belief system refers to a genuine 

and non-frivolous group of religious 

opinions, doctrines, and/or principles 

believed or accepted as true by a group 

of persons. This term includes a belief 

system that appears to be secular, but 

which nevertheless assumes the 

functional significance of a religion in 

the lives of a group of persons. 

(4) Emblem of belief refers to an 

emblem that represents the belief 

system of the decedent. It does not 

include social, cultural, ethnic, 

fraternal, trade, professional, or military 

emblems, or any emblem that is obscene 

or would have an adverse impact on the 

dignity and solemnity of cemeteries 

honoring those who served the Nation. 

(5) Federally-administered cemetery 

refers to a VA National Cemetery, 

Arlington National Cemetery, the 

Soldier’s and Airmen’s Home National 

Cemetery, a military post or base 

cemetery of the Armed Forces, a service 

department academy cemetery, and a 

Department of the Interior National 

Cemetery. 

(6) Headstones and markers refer to 

headstones or markers that are 

furnished by the Government to mark 

the grave or memorialize a deceased 

eligible veteran or eligible family 

member. 

(7) State veterans cemetery refers to a 

cemetery operated and maintained by a 

State or territory for the benefit of 

deceased eligible veterans or eligible 

family members. 

(c) Headstone and marker application 

process. (1) Headstones or markers will 

be ordered automatically during the 

process of arranging burial or 

memorialization for a deceased eligible 

veteran or eligible family member in a 

national cemetery or a State veterans 

cemetery that uses the NCA electronic 

ordering system. Cemetery staff will 

order a Government-furnished 

headstone or marker by entering 

information received from the applicant 

directly into the NCA electronic 

ordering system. No further application 

is required to order a Governmentfurnished headstone or marker when the 

cemetery uses the NCA electronic 

ordering system. 

(2) Submission of a completed VA 

Form 40–1330 (Application for 

Standard Government Headstone or 

Marker) is required when a request for 

a Government-furnished headstone or 

marker is not made using the NCA 

electronic ordering system. VA Form 

40–1330 provides general information 

about Government-furnished headstones 

and markers available to mark the 

graves of deceased eligible veterans or 

eligible family members. There is a 

space in the Remarks section of VA 

Form 40–1330 for applicants to clarify 

information or make special requests. 

(d) Emblem of belief application 

process. When an applicant requests the 

addition of a new emblem of belief for 

inscription on a Government-furnished 

headstone or marker for a deceased 

eligible individual, the following 

procedures will apply: 

If the burial or memorialization of 

an eligible individual is in a: The applicant must: 

(1) Federally-administered cemetery or a State veterans cemetery 

that uses the NCA electronic ordering system.

(i) Submit a written request to the director of the cemetery where burial is requested indicating that a new 

emblem of belief is desired for inscription on a Government-furnished headstone or marker; and 

(ii) Arrange for an affiliated organization, as defined in paragraph (b)(1) of § 38.632, to provide the supplemental information specified in paragraph (e) of § 38.632 to the NCA Director of Memorial Programs 

Service. 

(2) Private cemetery (deceased eligible veterans only), Federallyadministered cemetery or a State 

veterans cemetery that does not 

use the NCA electronic ordering 

system.

(i) Submit a completed VA Form 40–1330 to the NCA Director of Memorial Programs Service, indicating in 

the REMARKS section of the form that a new emblem of belief is desired; and 

(ii) Arrange for an affiliated organization, as defined in paragraph (b)(1) of § 38.632, to provide the supplemental information specified in paragraph (e) of § 38.632 to the NCA Director of Memorial Programs 

Service. 

(e) Supplemental information from 

the affiliated organization. The 

supplemental information provided by 

the affiliated organization must identify 

the deceased eligible individual for 

whom a request has been made to add 

a new emblem to VA’s list of emblems 

of belief available for inscription on 

Government-furnished headstones and 


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markers. The supplemental information 

submitted by an affiliated organization 

also must include the following: 

(1) A signed letter from a recognized 

authority, board of directors or 

equivalent governing body, for the 

affiliated organization certifying that: 

(i) The proposed new emblem of 

belief is widely used and recognized as 

the symbol of a distinct belief system; 

and 

(ii) The affiliated organization 

endorses adding the emblem to VA’s list 

of emblems of belief available for 

inscription on Government-furnished 

headstones and markers. 

(2) A copy of an IRS determination 

letter, if available, recognizing the 

affiliated organization as exempt under 

section 501(c)(3) of the Internal Revenue 

Code and classifying it as a church 

under sections 509(a)(1) and 

170(b)(1)(A)(i) of the Code. 

(3) If the organization has not applied 

for tax-exempt status, a statement 

explaining the extent to which the 

organization otherwise meets the 

characteristics generally attributed to a 

church by the Internal Revenue Service 

(IRS), as described in paragraph 

(g)(10)(ii) of this section. 

(4) A concise written description of 

the main tenets of the affiliated 

organization’s belief system. 

(5) Information about the structure of 

the affiliated organization, including the 

locations of congregations or other 

religious membership groups that 

comprise the affiliated organization. 

(6) A statement certifying that the 

affiliated organization does not promote 

or engage in any activity that is illegal 

or contrary to clear public policy. 

(7) A three-inch diameter digitized 

black and white representation of the 

requested emblem that is free of 

copyright restrictions and can be 

reproduced in a production-line 

environment in stone or bronze without 

loss of graphic quality. 

(f) Incomplete supplemental 

information provided by an affiliated 

organization. If VA determines that a 

request to add a new emblem of belief 

is incomplete, VA will notify the 

applicant in writing of any missing 

information and that he or she has 60 

days to submit such information or no 

further action will be taken. If the 

applicant does not submit all required 

information or demonstrate that he or 

she has good cause for failing to provide 

the information within 60 days of the 

notice, then the applicant will be 

notified in writing that the request for 

a new emblem of belief will be deemed 

withdrawn and no further action will be 

taken. 

(g) Evaluation criteria. The Director of 

NCA’s Office of Field Programs shall 

forward to the Under Secretary for 

Memorial Affairs the request, any 

pertinent records or information, and 

the Director’s recommendation after 

evaluating whether: 

(1) The emblem represents a belief 

system, as defined in paragraph (b)(3) of 

this section. 

(2) The emblem meets the definition 

of an emblem of belief, as defined in 

paragraph (b)(4) of this section. 

(3) There is an immediate need to 

inscribe the emblem on a new, first, 

Government-furnished headstone or 

marker for a deceased eligible 

individual, unless good cause is shown 

for an exception. 

(4) The emblem is endorsed by an 

affiliated organization, as defined in 

paragraph (b)(1) of this section. 

(5) The affiliated organization 

endorsing the emblem does not promote 

or engage in any activity that is illegal 

or contrary to clear public policy. 

(6) The letter provided under 

paragraph (e)(1) of this section is from 

a recognized authority, board of 

directors, or equivalent governing body 

of the belief system represented by the 

emblem. 

(7) The emblem meets the technical 

requirements for inscription specified in 

paragraph (e)(7) of this section. 

(8) The affiliated organization 

provided all of the supplemental 

information listed in paragraph (e) of 

this section. 

(9)(i) The IRS has determined that the 

affiliated organization is exempt under 

section 501(c)(3) of the Internal Revenue 

Code and is classified as a church under 

sections 509(a)(1) and 170(b)(1)(A)(i) of 

the Code; and, 

(ii) If the affiliated organization has 

not applied to the IRS for recognition of 

tax-exempt status, whether the 

organization has characteristics 

generally attributed to a church, such as: 

a distinct legal existence, a recognized 

creed and form of worship, a definite 

and distinct ecclesiastical government, a 

formal code of doctrine and discipline, 

a distinct religious history, a 

membership not associated with any 

other church or denomination, an 

organization of ordained ministers, 

ordained ministers selected after 

completing prescribed courses of study, 

a literature of its own, established 

places of worship, regular 

congregations, regular religious services, 

schools for the religious instruction of 

the young, and schools for the 

preparation of its ministers. 

(h) Decision by the Under Secretary 

for Memorial Affairs. A request to add 

a new emblem to VA’s list of emblems 

of belief available for inscription on 

Government-furnished headstones and 

markers shall be granted if the Under 

Secretary for Memorial Affairs finds, by 

a preponderance of the evidence, that 

the request meets each of the criteria in 

paragraphs (g)(1) through (7) of this 

section. In making that determination, 

the Under Secretary shall consider the 

Director of NCA’s Office of Field 

Programs’ recommendation and may 

consider information from any source. 

The Director of Field Programs will 

provide the individual who made the 

request written notice of the decision of 

the Under Secretary for Memorial 

Affairs. The decision of the Under 

Secretary for Memorial Affairs is final. 

(Authority: 38 U.S.C. 501, 2404) 

[FR Doc. E7–644 Filed 1–18–07; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1986–0005; FRL–8271–1] 

National Oil and Hazardous Substance 

Pollution Contingency Plan; National 

Priorities List 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; notice of intent 

to delete the Avenue E Groundwater 

Contamination Superfund Site from the 

National Priorities List. 

SUMMARY: The Environmental Protection 

Agency, (EPA) Region V is issuing a 

notice of intent to delete the Avenue E 

Groundwater Contamination Superfund 

Site (Site) located in Traverse City, 

Michigan, from the National Priorities 

List (NPL) and requests public 

comments on this notice of intent to 

delete. The NPL, promulgated pursuant 

to section 105 of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(CERCLA) of 1980, as amended, is found 

at Appendix B of 40 CFR part 300 which 

is the National Oil and Hazardous 

Substances Pollution Contingency Plan 

(NCP). The EPA and the State of 

Michigan, through the Michigan 

Department of Environmental Quality 

(MDEQ), have determined that all 

appropriate response actions under 

CERCLA have been completed. 

However, this deletion does not 

preclude future actions under 

Superfund. In the ‘‘Rules and 

Regulations’’ Section of today’s Federal 

Register, we are publishing a direct final 

notice of deletion of the Avenue E 


jlentini on PROD1PC65 with PROPOSAL