8126 Federal Register / Vol. 89, No. 25 / Tuesday, February 6, 2024 / Proposed Rules 

private organization. The exemption 

applies whether the source provides 

information under an express promise 

of confidentiality or under 

circumstances from which such an 

assurance could be reasonably inferred; 

however, inferred confidentiality is 

determined in a case-by-case analysis. 

Also protected from mandatory 

disclosure is any information which, if 

disclosed, could reasonably be expected 

to jeopardize the system of 

confidentiality that assures a flow of 

information from sources to 

investigatory agencies. 

(e) Techniques and procedures. Under 

the FOIA Exemption 7(E) (5 U.S.C. 

552(b)(7)(e)), the FOIA exempts from 

disclosure records reflecting special 

techniques or procedures of 

investigation or prosecution, not 

otherwise generally known to the 

public. In some cases, it is not possible 

to describe even in general terms those 

techniques without disclosing the very 

material to be withheld. The Chief FOIA 

Officer may also withhold records 

whose release would disclose guidelines 

for law enforcement investigations or 

prosecutions if this disclosure could 

reasonably be expected to create a risk 

that someone could circumvent 

requirements of law or of regulation. 

(f) Life and physical safety. Under the 

FOIA Exemption 7(F) (5 U.S.C. 

552(b)(7)(f)), the Chief FOIA Officer may 

withhold records whose disclosure 

could reasonably be expected to 

endanger the life or physical safety of 

any individual. This protection extends 

to threats and harassment, as well as to 

physical violence. 

§ 1662.25. The FOIA Exemptions 8 and 9: 

Records on financial institutions; records 

on wells. 

Exemption 8 exempts from disclosure 

records about regulation or supervision 

of financial institutions. Exemption 9 

exempts from disclosure geological and 

geophysical information and data, 

including maps, concerning wells. 

§ 1662.26. Records available for public 

inspection. 

Under the FOIA, SSS is required to 

make available for public inspection in 

an electronic format: 

(a) Final opinions, including 

concurring and dissenting opinions, as 

well as orders, made in the adjudication 

of cases; 

(b) The Agency’s statements and 

interpretations of policy that have been 

adopted but are not published in the 

Federal Register; 

(c) Administrative staff manuals and 

instructions that affect the public; and 

(d) Copies of records, regardless of 

form or format, that an agency 

determines will likely become the 

subject of subsequent requests, as well 

as records that have been requested and 

released three or more times, unless said 

materials are published and copies are 

offered to sale. 

§ 1662.27. Where records are published. 

Materials SSS is required to publish 

pursuant to the provisions of 5 U.S.C. 

552(a)(1) and (a)(2) are published in one 

of the following ways: 

(a) By publication in the Federal 

Register of Selective Service System 

regulations, and by their subsequent 

inclusion in the Code of Federal 

Regulations; 

(b) By publication in the Federal 

Register of appropriate general notices; 

and/or 

(c) By other forms of publication, 

when incorporated by reference in the 

Federal Register with the approval of 

the Director of the Federal Register. 

§ 1662.28. Publications for sale through 

the Government Publishing Office. 

The public may purchase publications 

containing information pertaining to the 

program, organization, functions, and 

procedures of SSS from the electronic 

U.S. Government Bookstore maintained 

by the Government Publishing Office. 

The publications for sale include but are 

not limited to: 

(a) Title 50, Chapter 49, of the United 

States Code (the Military Selective 

Service Act); 

(b) Title 32, Subtitle B, Chapter XVI, 

of the Code of Federal Regulations 

(Selective Service System Regulations); 

(c) Federal Register issues; and 

(d) Legal Aspects of the Selective 

Service System. 

Daniel A. Lauretano, Sr., 

General Counsel. 

[FR Doc. 2024–02115 Filed 2–5–24; 8:45 am] 

BILLING CODE 8015–01–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Parts 38 and 39 

RIN 2900–AR82 

Outer Burial Receptacles 

AGENCY: Department of Veterans Affairs. 

ACTION: Proposed rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) proposes to revise its 

regulation that governs the outer burial 

receptacle (OBR) monetary allowance 

for burials in a VA national cemetery 

when a privately purchased OBR is used 

in lieu of a Government-furnished 

graveliner. First, VA proposes to expand 

applicability of the monetary allowance 

to burials in VA grant-funded State and 

Tribal cemeteries when a privately 

purchased OBR was used, or where an 

OBR is placed at the time of interment, 

at the cost of the State or Tribal 

Organization. Second, VA proposes to 

reimburse States and Tribal 

Organizations for OBRs that are preplaced as part of a new construction or 

expansion grant project. In addition, VA 

proposes minor conforming revisions to 

its regulations governing aid for the 

establishment, expansion and 

improvement of veterans cemeteries to 

clarify that VA will reimburse the cost 

of preplaced OBRs separately from the 

grant award. These changes would 

implement new authorities provided in 

the Johnny Isakson and David P. Roe, 

M.D Veterans Health Care and Benefits 

Improvement Act of 2020. VA also 

proposes to amend the regulation 

governing OBRs by removing retroactive 

provisions no longer needed because the 

relevant time period has passed. 

DATES: Comments must be received on 

or before April 8, 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 

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: http://

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; 

however, we will post 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. In accordance with the 

Providing Accountability Through 

Transparency Act of 2023, a 100 word 

Plain-Language Summary of this 

proposed rule is available at 

Regulations.gov, under RIN 2900–AR82. 

FOR FURTHER INFORMATION CONTACT: 

Michelle Myers, Management and 

Program Analyst, Policy and Regulatory 

Service, National Cemetery 

Administration, Department of Veterans 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 25 / Tuesday, February 6, 2024 / Proposed Rules 8127 

Affairs, 810 Vermont Avenue NW, 

Washington, DC 20420. Telephone: 

(720) 607–0364. (This is not a toll-free 

number.) 

SUPPLEMENTARY INFORMATION: 

Background 

Section 2306(e) of title 38, United 

States Code (U.S.C.), authorizes VA to 

provide an OBR for each new grave used 

for casketed remains in an open VA 

national cemetery. VA has implemented 

this authority in three ways: providing 

pre-placed OBRs as part of new 

construction or expansion of national 

cemeteries; installing a Governmentfurnished graveliner at the time of 

interment; and providing a monetary 

allowance for burials where the OBR 

was privately purchased. Pre-placed 

OBRs are installed in the ground during 

construction of a cemetery site, then 

covered with soil and grass. When 

needed for a burial, the area is 

unearthed, and the casket is placed. 

This allows for more efficient use of 

cemetery space, more efficient 

operations and improved appearance 

through the elimination of sunken 

graves. For gravesites where OBRs were 

not pre-placed during construction, VA 

may provide a graveliner at the time of 

interment. Typically, a Governmentfurnished graveliner placed at the time 

of interment is pre-cast concrete and 

maintains the integrity of the soil 

around the grave, eliminating sunken 

graves and improving cemetery 

appearance. 

In some cases, families choose to use 

a privately purchased OBR in lieu of a 

Government-furnished graveliner. 

Section 2306(e)(4) authorizes VA to use 

a voucher system or other system of 

reimbursement to pay for OBRs for 

burials in a VA cemetery, and in 

December 2000, VA first implemented 

regulations to administer this authority 

as a monetary allowance in 38 CFR 

38.629 (65 FR 76937). 

New Authority 

On January 5, 2021, sec. 2203 of 

Public Law 116–315, the Johnny Isakson 

and David P. Roe, M.D Veterans Health 

Care and Benefits Improvement Act of 

2020, amended section 2306(e) to 

expand applicability of the OBR 

program to burials in cemeteries that are 

the subject of a grant to a State or Tribal 

Organization under 38 U.S.C. 2408. 

To implement this new authority, VA 

proposes to revise § 38.629 to include 

provision of OBRs for gravesites in State 

or Tribal Organization cemeteries 

funded through VA grants. Specifically, 

we propose to redesignate paragraph (b) 

as paragraph (b)(1) and revise 

redesignated paragraph (b)(1) by adding 

language to the existing purpose 

statement to include payment of a 

monetary allowance for interments in 

grant-funded cemeteries where a 

privately purchased OBR has been used. 

As well, we propose adding new 

paragraphs (b)(2) and (3) to explain that 

the purpose of the section now also 

provides for payment of a monetary 

allowance for OBRs placed at the time 

of interment in grant-funded cemeteries 

and for reimbursement of the cost for 

OBRs that are pre-placed as part of 

construction, expansion, or 

improvement of a grant-funded 

cemetery. These amendments establish 

that VA will use § 38.629 to regulate 

both the monetary allowance and 

reimbursements associated with OBRs 

for burials in VA grantee-cemeteries. 

VA proposes minor revisions to the 

heading and text of paragraph (c) to 

clarify that the content of the paragraph 

refers to subsequent interments with 

privately purchased OBRs. In burials 

where a casket already exists in a grave 

with or without an OBR, subsequent 

placement of a second casket in an OBR 

would not be permitted in the same 

grave unless the cemetery director 

determines that the already interred 

casket would not be damaged. We 

propose replacing the current reference 

to ‘‘graveliner’’ in paragraph (c) with the 

broader term of ‘‘outer burial 

receptacle’’ to be more consistent with 

terminology used throughout the 

regulatory text. As well, we propose 

removing the word ‘‘national’’ to make 

the paragraph applicable to VA grantfunded cemetery directors, who now 

have responsibilities related to potential 

use of privately purchased OBRs. These 

revisions clarify the meaning and 

applicability of the paragraph. 

Monetary Allowance for Privately 

Purchased OBRs 

VA proposes to revise the heading of 

paragraph (d) to specify that the 

provision refers to payment of monetary 

allowance for privately purchased OBRs 

and to redesignate paragraph (d) as 

paragraph (d)(1). VA proposes to add a 

new paragraph (d)(2) to specify 

provision of a monetary allowance for 

burials in a grant-funded cemetery 

where a privately purchased OBR was 

used. VA would require a request for 

payment from the person who paid for 

the OBR along with evidence of such 

payment. The request must be verified 

by the cemetery director where the 

burial occurred. Since this authority is 

effective, by law, on and after January 5, 

2023, the revision would include the 

effective date. 

Monetary Allowance for OBRs Placed 

at Time of Interment 

VA proposes to redesignate paragraph 

(e) as (f) and add new paragraph (e) to 

provide for payment of monetary 

allowance for OBRs placed at time of 

interment. VA would pay an allowance 

to a State or Tribal Organization for 

OBRs placed at the time of interment for 

burials in a grantee cemetery. Since this 

authority is effective, by law, on and 

after January 5, 2023, the revision would 

include the effective date. VA proposes 

to issue payment on a quarterly basis for 

the total number of burials that occurred 

during the quarter, when requested by 

the State or Tribal Organization on the 

approved VA application form. Since 

the monetary allowance for a single 

OBR is a relatively small amount, VA 

proposes a quarterly basis as a 

reasonable approach to minimize the 

number of applications for payment that 

need to be submitted by the States and 

Tribal Organizations and to allow for 

efficient management and processing of 

the requests by VA. Rather than 

requiring a separate application for each 

relevant interment, States and Tribal 

Organizations would submit one 

application for all OBRs used at time of 

interment during each quarter. In 

addition, proposed paragraph (e)(3) 

would establish that payment may not 

be made for burials where a fee for the 

OBR was charged to the decedent’s 

family or other responsible party. 

Reimbursement for OBRs Pre-Placed as 

Part of Construction 

VA proposes to add a new paragraph 

(g) to provide for reimbursement of the 

cost of OBRs that are pre-placed as part 

of new construction, expansion or 

improvement of a grant-funded 

cemetery. VA proposes to reimburse 

States and Tribal Organizations for the 

cost of pre-placed OBRs installed in 

conjunction with construction and 

expansion cemetery grants. States and 

Tribal Organizations would be required 

to submit a request for reimbursement 

using Standard Form 271, Outlay Report 

and Request for Reimbursement for 

Construction Programs. This approach 

is standard for requesting 

reimbursement for construction projects 

and is already used by the Veterans 

Cemetery Grants Program (VCGP) as 

part of the grant award process. The 

information required for determining 

the cost and the agency entitled to 

reimbursement is included in 

information already being collected as 

part of the veterans cemetery grant 

application and award process, so there 

would be no impact regarding the 

Paperwork Reduction Act. This 


ddrumheller on DSK120RN23PROD with PROPOSALS1
8128 Federal Register / Vol. 89, No. 25 / Tuesday, February 6, 2024 / Proposed Rules 

provision for reimbursement aligns 

administration of the OBR benefit for 

VA grant-funded cemeteries with that of 

VA national cemeteries. 

Audit Provisions 

VA proposes to add a new paragraph 

(h) to establish that a State or Tribal 

Organization that seeks payment in the 

form of reimbursement or monetary 

allowance for OBRs under § 38.629 

would be subject to related inspections, 

audits, and reporting. Grant-funded 

cemeteries already are subject to 

inspections, audits, and reporting under 

§ 39.122 to ensure compliance with 

regulatory provisions governing the 

VCGP; however, VA wants to ensure 

that grant-funded cemeteries that are 

seeking payment for OBRs under 

§ 38.629 are fully advised in regulation 

that such requests and payments are 

subject to inspections, audits, and 

reporting. 

Accordingly, VA proposes to also 

revise § 39.122, which governs 

inspections, audits, and reports related 

to the VCGP. VA proposes to revise 

paragraph (a) to require a State or Tribal 

Organization to allow VA inspectors 

and auditors to conduct inspections as 

necessary to ensure compliance with the 

provisions of part 39 and with the 

provisions of § 38.629 regarding OBRs. 

This would ensure that grant recipients 

are aware that if they seek payment for 

OBRs in accordance with § 38.629, they 

would be subject to inspection, audit, 

and reporting requirements related to 

such payments. 

Removing Outdated Provisions 

VA proposes to amend § 38.629 to 

remove outdated retroactive provisions 

by removing references to dates in 

paragraphs (d) and (e). Current 

paragraph (d) restricts the monetary 

allowance to burials where a privately 

purchased OBR was used on and after 

October 9, 1996, and includes a specific 

provision for making payment for 

burials during the period October 9, 

1996, through December 31, 1999. These 

provisions were included because the 

OBR allowance authority took effect on 

October 9, 1996, before the regulations 

were finalized on December 8, 2000. 

However, those portions of current 

paragraph (d) are no longer necessary 

since the relevant time periods have 

passed. 

Similarly, current paragraphs (e)(1) 

and (2) each refer to the timeframe for 

VA’s annual publication in a Federal 

Register notice of the OBR 

reimbursement amount from ‘‘calendar 

year 2000 and each calendar year 

thereafter.’’ The references to calendar 

year 2000 are no longer necessary, and 

we propose removing them from the 

regulation in redesignated paragraphs 

(f)(1) and (f)(2). Finally, current 

paragraph (e)(3) (or redesignated 

paragraph (f)(3)) establishes that the 

amount of the monetary allowance for 

calendar year 2000 will be used for 

payment of any allowances for 

interments that occurred during the 

period from October 9, 1996, through 

December 31, 1999. That paragraph is 

no longer necessary because the relevant 

time period has passed. Because the 

OBR payments would be calculated 

annually, VA would only pay the 

current amount for qualifying 

interments for that calendar year. 

Section Title 

VA proposes to revise the title of 

§ 38.629 from ‘‘Outer Burial Receptacle 

Allowance’’ to ‘‘Outer Burial 

Receptacles’’ to reflect the change in 

scope of the regulation, which 

previously only included provision of 

an allowance for privately purchased 

OBRs, but would now include 

reimbursement to grant-funded 

cemeteries for procurement costs of 

OBRs. 

Clarifying § 39.50 

Finally, VA proposes to revise § 39.50 

to clarify that VA would reimburse the 

cost of pre-placed OBRs separately from 

the grant award. Section 39.50 governs 

the amount of grants awarded under 

subpart B—Establishment, Expansion, 

and Improvement Projects. First, VA 

proposes to delete the phrase 

‘‘preplaced liners or crypts,’’ from 

§ 39.50(b)(2) where it is included as one 

of the examples of costs that may be 

included in the total cost of a project. 

Since VA is now authorized to provide 

OBRs to grant-funded cemeteries, the 

cost of those items should not be 

included in the total cost of the project 

when determining the amount of a 

grant. Second, VA proposes to insert a 

new paragraph (e) to clarify that VA 

would reimburse the cost of preplaced 

OBRs separately, in accordance with the 

new provisions of § 38.629. 

Executive Orders 12866, 13563 and 

14094 

Executive Order 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 

Secretary acknowledges that this rule 

may affect some Tribal governments that 

may be considered small entities; 

however, the economic impact would be 

entirely beneficial. This proposed rule 

would impose no mandatory 

requirements or costs on Tribal 

governments as a whole and would only 

affect those that are recipients of 

veterans cemetery grants. To the extent 

that small entities are affected, the 

impact of this proposed rule would be 

entirely beneficial as it would provide 

reimbursement for costs of OBRs 

associated with casketed burials in 

grant-funded cemeteries. 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 the 

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 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 25 / Tuesday, February 6, 2024 / Proposed Rules 8129 

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 

collection 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. If OMB does not approve the 

collection of information as requested, 

VA will immediately remove the 

provisions containing the 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 be sent within 60 

days of publication of this rulemaking. 

The 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. 

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 new collection 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 CFR 38.629 is described 

immediately following this paragraph. 

Title: Request for Payment of 

Monetary Allowance for Outer Burial 

Receptacles. 

OMB Control No.: 2900–XXXX. 

CFR Provision: 38 CFR 38.629. 

• Summary of collection of 

information: The new collection of 

information in proposed 38 CFR 38.629 

would require a State or Tribal 

Organization to submit a request for 

payment of monetary allowance for 

OBRs placed at the time of interment, 

and it would require individuals to 

submit a request for payment of 

monetary allowance for a privately 

purchased OBR. 

• Description of need for information 

and proposed use of information: The 

information submitted on the request 

form would be necessary to initiate 

payment of entitlement. The 

information would identify the claimant 

and the amount claimed and would be 

necessary to make determinations for 

payment and for other budget, oversight 

and compliance purposes associated 

with administering this benefit for 

burials in State and Tribal Organization 

veterans cemeteries. In addition, VCGP 

would need this data to answer 

questions that arise during the course of 

the year to respond to Congressional 

correspondence. 

• Description of likely respondents: 

Primarily VCGP grantees that are States 

and Tribal Organizations. A small 

number of private individuals may be 

respondents. 

• Estimated number of respondents: 

110 in FY2024. 

• Estimated frequency of responses: 

Quarterly for States and Tribal 

Organizations that need to request 

payment of monetary allowance for 

burials where OBRs are placed at time 

of interment. One time occurrence for 

any individual who needs to claim 

monetary allowance for a privately 

purchased OBR. 

• Estimated average burden per 

response: 

ESTIMATED BURDEN HOURS

Estimated 

number of 

respondents 

(×) times 

Estimated 

number of 

responses 

(×) times 

Average 

minutes 

per response 

= 

(Equals) 

minutes 

÷ 

by 60 = 

Actual 

number of 

burden 

hours 

Monetary Allowance for Privately Purchased OBR ......................................... 100 1 15 1,500 25 

Monetary Allowance for OBRs Placed at 

Time of Interment ................................. 10 4 15 600 10 

Accumulative Total ........................... 110 ........................ ........................ ........................ 35 

• Estimated total annual reporting 

and recordkeeping burden: VA 

estimates the total annual reporting and 

recordkeeping burden to be 35 burden 

hours. Based on an estimated number of 

100 respondents filing one-time claims 

with an average of 15 minutes for the 

response, and an estimated number of 

10 respondents filing claims quarterly 

with an average of 15 minutes for the 

response, the total annual reporting and 

recordkeeping burden is estimated to be 

35 hours. 

• Estimated cost to respondents per 

year: VA estimates the total annual cost 

for all respondents to be $1041.60. To 

estimate the total information collection 

burden cost, VA used the Bureau of 

Labor Statistics (BLS) mean hourly wage 

for ‘‘all occupations’’ of $29.76 per hour. 

This information is available at https:// 

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

nat.htm#00-0000. Based on the 

estimated total annual burden of 35 

hours, and using a mean hourly wage of 

$29.76, VA estimates the total 

information collection burden cost to be 

$1041.60 per year (35 hours × $29.76 

per hour). 

Assistance Listing 

The Assistance Listing numbers and 

titles for the programs affected by this 

document are 64.201, National 

Cemeteries; 64.203, State Cemetery 

Grants; and 64.206, VA Outer Burial 

Receptacle Allowance. 


ddrumheller on DSK120RN23PROD with PROPOSALS1
8130 Federal Register / Vol. 89, No. 25 / Tuesday, February 6, 2024 / Proposed Rules 

List of Subjects in 38 CFR Parts 38 and 

39 

38 CFR Part 38 

Administrative practice and 

procedure, Cemeteries, Veterans. 

38 CFR Part 39 

Cemeteries, Grant programs— 

veterans, Veterans. 

Signing Authority 

Denis McDonough, Secretary of 

Veterans Affairs, signed and approved 

this document on January 30, 2024, 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 stated in the 

preamble, VA proposes to amend 38 

CFR parts 38 and 39 as set forth below: 

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 § 38.629 as follows: 

■ a. Revise the section heading and 

paragraphs (b), (c), and (d); 

■ b. Revise the paragraph (d) heading; 

■ c. Redesignate paragraph (e) as 

paragraph (f); 

■ d. Add new paragraph (e); 

■ e. Revise the heading to newly 

redesignated paragraph (f) and revise 

newly redesignated paragraphs (f)(1) 

introductory text and (f)(2); 

■ f. Remove newly redesignated (f)(3); 

and 

■ e. Add paragraphs (g) and (h). 

The revisions and additions read as 

follows: 

§ 38.629 Outer burial receptacles. 

* * * * * 

(b) Purpose. (1) This section provides 

for payment of a monetary allowance for 

an outer burial receptacle for any 

interment with casketed remains in a 

VA national cemetery where a privately 

purchased outer burial receptacle has 

been used in lieu of a Governmentfurnished graveliner and, for any 

interment on or after January 5, 2023, in 

a cemetery that is the subject of a grant 

to a State or Tribal Organization under 

38 U.S.C. 2408 where a privately 

purchased outer burial receptacle has 

been used. 

(2) This section also provides for 

payment of a monetary allowance for 

outer burial receptacles placed at the 

time of interment, for burials on or after 

January 5, 2023, in a cemetery that is the 

subject of a grant awarded to a State or 

Tribal Organization under 38 U.S.C. 

2408. 

(3) This section also provides for 

reimbursement of the cost of pre-placed 

outer burial receptacles that are 

installed as part of construction or 

expansion of a cemetery that is the 

subject of a grant awarded on or after 

January 5, 2023, to a State or Tribal 

Organization under 38 U.S.C. 2408. 

(c) Subsequent interments. In burials 

where a casket already exists in a grave 

with or without an outer burial 

receptacle, subsequent placement of a 

second casket in an outer burial 

receptacle will not be permitted in the 

same grave unless the cemetery director 

determines that the already interred 

casket will not be damaged. 

(d) Payment of monetary allowance 

for privately purchased outer burial 

receptacles. (1) VA will pay a monetary 

allowance for each casket burial in a VA 

national cemetery where a privately 

purchased outer burial receptacle was 

used in lieu of a Government-furnished 

graveliner. Payment will be made to the 

person identified in records contained 

in the National Cemetery 

Administration (NCA) electronic 

ordering system as the person who paid 

for the outer burial receptacle. No 

application is required to receive 

payment of this monetary allowance as 

the payment is processed automatically 

based on entry in the system. 

(2) VA will pay a monetary allowance 

for each casket burial in a cemetery that 

is the subject of a grant to a State or 

Tribal Organization under 38 U.S.C. 

2408, where a privately purchased outer 

burial receptacle was used on or after 

January 5, 2023. The person who paid 

for the outer burial receptacle must 

submit a request for payment of the 

allowance on the appropriate VA form. 

The request must be verified by the 

cemetery director where the burial 

occurred. 

(e) Payment of monetary allowance 

for outer burial receptacles placed at 

time of interment. (1) VA will pay a 

monetary allowance for outer burial 

receptacles placed at the time of 

interment for burials on or after January 

5, 2023, in a cemetery that is the subject 

of a grant to a State or Tribal 

Organization under 38 U.S.C. 2408. 

Such payments may be issued on a 

quarterly basis and will be paid to the 

State Agency or Tribal Organization. 

(2) VA will pay the allowance only if 

a State or Tribal Organization submits a 

request for payment on the appropriate 

VA form. Requests may be submitted on 

a quarterly basis for the total number of 

burials that required an outer burial 

receptacle in that quarter and for which 

a fee for the outer burial receptacle was 

not charged to the decedent’s family or 

other responsible party. Requests for 

payment under this section must be 

submitted within one year of interment. 

(3) No payment may be made for 

burials where a fee for the outer burial 

receptacle was charged to the decedent’s 

family or other responsible party. 

(f) Amount of the monetary 

allowance. (1) The monetary allowance 

will be the average cost, as determined 

by VA, of Government-furnished 

graveliners, less the administrative costs 

incurred by VA in processing and 

paying the allowance. 

* * * * * 

(2) The amount of the allowance for 

each calendar year will be published in 

the ‘‘Notices’’ section of the Federal 

Register. The Federal Register notice 

will also provide, as information, the 

determined average cost of Governmentfurnished graveliners and the 

determined amount of the 

administrative costs to be deducted. 

(g) Reimbursement for pre-placed 

outer burial receptacles. (1) VA will 

reimburse the cost of outer burial 

receptacles that are pre-placed as part of 

new construction, expansion, or 

improvement of a cemetery that is the 

subject of a grant to a State or Tribal 

Organization under 38 U.S.C. 2408 if the 

grant was awarded on or after January 

5, 2023. The reimbursement will be paid 

to the State or Tribal Organization or, if 

designated by the State or Tribal 

Organization representative, the State or 

Tribal veterans cemetery for which such 

project is being carried out, or to any 

other State or Tribal Organization 

agency or instrumentality. 

(2) States and Tribal Organizations 

must submit a request for 

reimbursement of the cost of pre-placed 

outer burial receptacles using Standard 

Form 271, Outlay Report and Request 

for Reimbursement for Construction 

Programs, with supporting 

documentation. The Director of the 

Veterans Cemetery Grants Program must 

review and certify the request for 

payment. Funds paid under this section 

for pre-placed outer burial receptacles, 

as part of an approved establishment, 

expansion, and improvement project, 

shall be used solely for payment of such 

outer burial receptacles. As a condition 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 25 / Tuesday, February 6, 2024 / Proposed Rules 8131 

1The state submission indicates that the twentyyear maintenance period expires on December 31, 

2025. This discrepancy is likely due to EPA’s 

December 23, 2005 redesignation and initial 

approval of the maintenance plan, in which it 

mistakenly listed the publication date as the 

effective date. 70 FR 76165. EPA subsequently 

corrected the effective date, found in 40 CFR part 

81, to January 23, 2006. 72 FR 68515 (December 5, 

2007). Thus, the expiration date of the twenty-year 

maintenance period is January 23, 2026. 

2 In March 2008, EPA completed another review 

of the primary and secondary ozone standards and 

tightened them further by lowering the level for 

both to 0.075 ppm. 73 FR 16436 (March 27, 2008). 

Additionally, in October 2015, EPA completed a 

review of the primary and secondary ozone 

standards and tightened them by lowering the level 

for both to 0.70 ppm. 80 FR 65292 (October 26, 

2015). 

3The requirements of CAA section 107(d)(3)(E) 

include attainment of the NAAQS, full approval 

under section 110(k) of the applicable SIP, 

determination that improvement in air quality is a 

result of permanent and enforceable reductions in 

emissions, demonstration that the state has met all 

applicable section 110 and part D requirements, and 

a fully approved maintenance plan under CAA 

section 175A. 

for payment, the representative of the 

State or Tribal Organization must 

submit to VA an invoice reporting the 

cost for purchase and delivery of outer 

burial receptacles. 

(h) Audits. A State or Tribal

Organization that seeks reimbursement 

for the cost of outer burial receptacles 

under this section will be subject to 

inspections, audits and reports in 

accordance with § 39.122. 

(Authority: 38 U.S.C. 2306(e)) 

PART 39—AID FOR THE 

ESTABLISHMENT, EXPANSION, AND 

IMPROVEMENT, OR OPERATION AND 

MAINTENANCE, OF VETERANS 

CEMETERIES 

■ 3. The authority citation for part 39 

continues to read as follows:

Authority: 38 U.S.C. 101, 501, 2408, 2411, 

3765. 

■ 4. Amend § 39.50 as follows: 

■ a. Remove ‘‘preplaced liners or 

crypts,’’ from paragraph (b)(2); and

■ b. Add paragraph (e); 

The addition reads as follows:

§ 39.50 Amount of grant.

* * * * * 

(e) VA will reimburse the cost of

preplaced outer burial receptacles 

separately in accordance with § 38.629. 

* * * * * 

■ 5. Amend § 39.122 by revising 

paragraph (a) to read as follows:

§ 39.122 Inspections, audits, and reports.

(a) A State or Tribal Organization will

allow VA inspectors and auditors to 

conduct inspections as necessary to 

ensure compliance with the provisions 

of this part and with provisions of 

§ 38.629 regarding outer burial

receptacles. The State or Tribal

Organization will provide to VA

evidence that it has met its

responsibilities under the Single Audit

Act of 1984.

* * * * * 

[FR Doc. 2024–02183 Filed 2–5–24; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2023–0629; FRL–11261– 

01–R3] 

Air Plan Approval; Virginia; 1997 8- 

Hour Ozone National Ambient Air 

Quality Standard Second Maintenance 

Plan for the Fredericksburg Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

state implementation plan (SIP) revision 

submitted by the Commonwealth of 

Virginia. This revision pertains to the 

Commonwealth’s plan, submitted by the 

Virginia Department of Environmental 

Quality (VADEQ), for maintaining the 

1997 8-hour ozone national ambient air 

quality standards (NAAQS) (referred to 

as the ‘‘1997 ozone NAAQS’’) in the 

Fredericksburg, Virginia Area 

(Fredericksburg Area). This action is 

being taken under the Clean Air Act 

(CAA). 

DATES: Written comments must be 

received on or before March 7, 2024. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

OAR–2023–0629 at 

www.regulations.gov, or via email to 

Gordon.Mike@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

confidential business information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e., 

on the web, cloud, or other file sharing 

system). For additional submission 

methods, please contact the person 

identified in the FOR FURTHER

INFORMATION CONTACT section. For the 

full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

www.epa.gov/dockets/commenting-epadockets. 

FOR FURTHER INFORMATION CONTACT: 

Serena Nichols, Planning & 

Implementation Branch (3AD30), Air & 

Radiation Division, U.S. Environmental 

Protection Agency, Region III, 1600 John 

F Kennedy Boulevard, Philadelphia, 

Pennsylvania 19103. The telephone 

number is (215) 814–2053. Ms. Nichols 

can also be reached via electronic mail 

at Nichols.Serena@epa.gov. 

SUPPLEMENTARY INFORMATION: On May 

25, 2023, the VADEQ submitted a 

revision to the Virginia SIP to 

incorporate a plan for maintaining the 

1997 ozone NAAQS in the 

Fredericksburg Area through January 23, 

2026,1 in accordance with CAA section 

175A. 

I. Background

In 1979, under section 109 of the

CAA, EPA established primary and 

secondary NAAQS for ozone at 0.12 

parts per million (ppm), averaged over 

a 1-hour period. 44 FR 8202 (February 

8, 1979). On July 18, 1997 (62 FR 

38856),2 EPA revised the primary and 

secondary NAAQS for ozone to set the 

acceptable level of ozone in the ambient 

air at 0.08 ppm, averaged over an 8-hour 

period. EPA set the 1997 ozone NAAQS 

based on scientific evidence 

demonstrating that ozone causes 

adverse health effects at lower 

concentrations and over longer periods 

of time than was understood when the 

pre-existing 1-hour ozone NAAQS was 

set. 

Following promulgation of a new or 

revised NAAQS, EPA is required by the 

CAA to designate areas throughout the 

nation as attaining or not attaining the 

NAAQS. On April 30, 2004 (69 FR 

23858), EPA designated the 

Fredericksburg Area as nonattainment 

for the 1997 ozone NAAQS. The 

Fredericksburg Area consists of the city 

of Fredericksburg, and the counties of 

Spotsylvania and Stafford. 

Once a nonattainment area has three 

years of complete and certified air 

quality data that has been determined to 

attain the NAAQS, and the area has met 

the other criteria outlined in CAA 

section 107(d)(3)(E),3 the state can 

submit a request to EPA to redesignate 

the area to attainment. Areas that have 


ddrumheller on DSK120RN23PROD with PROPOSALS1