Federal Register / Vol. 89, No. 186 / Wednesday, September 25, 2024 / Rules and Regulations 78251 

to 90 minutes on September 25 and 27, 

2024, that would prohibit entry within 

one mile of a fireworks barge. It is 

categorically excluded from further 

review under paragraph L60(a) of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 1. A 

Record of Environmental Consideration 

supporting this determination is 

available in the docket. For instructions 

on locating the docket, see the 

ADDRESSES section of this preamble. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places, or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051, 70124; 

33 CFR 1.05–1, 6.04–1, 604–6, and 160.5; 

Department of Homeland Security Delegation 

No. 00170.1, Revision No. 01.3. 

■ 2. Add § 165.T08–0417 to read as 

follows: 

§ 165.T08–0417 Safety Zone; Cumberland 

River, Nashville, TN. 

(a) Location. The following area is a 

safety zone: all navigable waters of Mile 

Markers (MM) 190.5 to 191.5 of the 

Cumberland River. 

(b) Enforcement period. This section 

will be enforced from 8:30 p.m. until 10 

p.m. on September 25, 2024, and 

September 27, 2024. 

(c) Regulations. (1) According to the 

general regulations in § 165.23, entry 

into this temporary safety zone is 

prohibited unless authorized by the 

Captain of the Port Sector Ohio Valley 

(COTP) or a designated representative. 

(2) Persons or vessels seeking to enter 

the safety zone must request permission 

from the COTP on VHF–FM channel 16 

(156.8 MHz) or by telephone at 502– 

779–5424. 

(3) If permission is granted, all 

persons and vessels shall comply with 

the instructions of the COTP or 

designated representative. 

(d) Information broadcasts. The COTP 

or a designated representative will 

inform the public of the enforcement 

times and date for this safety zone 

through Broadcast Notices to Mariners, 

Local Notices to Mariners, and/or Safety 

Marine Information Broadcasts, as 

appropriate. 

Dated: September 17, 2024 

H.R. Mattern, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector Ohio Valley. 

[FR Doc. 2024–21854 Filed 9–24–24; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 3 

RIN 2900–AR69 

Expanded Burial Benefits 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) amends its adjudication 

regulations pertaining to burial benefits 

to conform to statutory changes enacted 

by the Johnny Isakson and David P. Roe, 

M.D. Veterans Health Care and Benefits 

Improvement Act of 2020 and the Burial 

Equity for Guards and Reserves Act of 

the Consolidated Appropriations Act, 

2022. The conforming regulatory 

changes implement an expansion of the 

transportation benefit and provision of a 

single payment rate for non-serviceconnected burial allowances regardless 

of the location of a qualifying Veteran’s 

death and coincide with the effective 

date for the statutory amendments 

(January 5, 2023). The conforming 

regulatory changes also implement the 

extension of the VA plot or interment 

allowance to Tribal organizations for 

interment of eligible Veterans on trust 

land owned by, or held in trust for, the 

Tribal organization and coincide with 

the effective date for the statutory 

amendments (March 15, 2022). VA also 

provides additional clarifying changes 

to its burial benefits regulations. 

DATES: This rule is effective October 25, 

2024. 

FOR FURTHER INFORMATION CONTACT: Eric 

Baltimore, Management and Program 

Analyst, Pension and Fiduciary Service 

(21PF), Veterans Benefits 

Administration, Department of Veterans 

Affairs, 810 Vermont Avenue NW, 

Washington, DC 20420, (202) 632–8863. 

(This is not a toll-free number.) 

SUPPLEMENTARY INFORMATION: In a 

document published in the Federal 

Register on September 25, 2023, at 88 

FR 65641, VA proposed to amend its 

adjudication regulations pertaining to 

burial benefits to conform to recent 

statutory changes enacted by sections 

2201 and 2202 of the Johnny Isakson 

and David P. Roe, M.D. Veterans Health 

Care and Benefits Improvement Act of 

2020 (Pub. L. 116–315), and section 

102(c) of Division CC (Burial Equity for 

Guards and Reserves Act) of the 

Consolidated Appropriations Act, 2022 

(Pub. L. 117–103). 

VA provided a 60-day public 

comment period, which ended on 

November 24, 2023, and received six 

comments in response to the notice of 

proposed rulemaking. All comments 

generally agreed with the amendments 

in the proposed rulemaking. One 

commenter stated: ‘‘I support the 

Department of Veterans Affairs 

proposed rule expanding burial benefits 

for veterans and their families. I urge the 

VA to finalize this rule as soon as 

possible.’’ Another commenter 

explained that ‘‘[t]his rule change makes 

sense and is the least we can do to 

honor our Veterans at the end of life.’’ 

VA appreciates these responses and will 

not make any changes based upon those 

comments. 

One commenter provided support for 

the proposed rule but addressed an area 

of improvement for non-serviceconnected burial benefits. This 

commenter highlighted the two-year 

time limit to submit a claim for nonservice-connected burial benefits 

provided in proposed 38 CFR 

3.1703(a)(1), which stated that ‘‘VA 

must receive a claim for the non-serviceconnected burial allowance for veterans 

described within § 3.1705(b), 

§ 3.1706(b), or § 3.1708(b) no later than 

2 years after the burial of the veteran.’’ 

This commenter further explained that 

‘‘due to the relatively low numbers 

concerning veterans who currently take 

advantage of these benefits, the time 

limit on claims should be removed to 

ensure that more veterans’ families 

receive this benefit and do not have to 

pay for the services themselves.’’ 

VA appreciates the commenter’s 

concern; however, the time limit 

referenced in 38 CFR 3.1703 must 

adhere to the statutory limitations 

provided within 38 U.S.C. 2304. Section 

2304 states that applications for 

payments under 38 U.S.C. 2303(a)(2)(B) 

and (C) must be filed within two years 

after the burial of the Veteran. Section 

2303(a)(2)(B) refers to deceased Veterans 

who, at the time of non-serviceconnected death, were in receipt of 

service-connected disability 


ddrumheller on DSK120RN23PROD with RULES1
78252 Federal Register / Vol. 89, No. 186 / Wednesday, September 25, 2024 / Rules and Regulations 

compensation (or but for the receipt of 

retirement pay would have been entitled 

to such compensation) or were in 

receipt of pension. Section 2303(a)(2)(C) 

refers to deceased Veterans for whom 

the Secretary determines there is no 

next of kin or other person claiming the 

body and that there are not sufficient 

resources available to cover burial and 

funeral expenses. Aside from this twoyear statutory time limit as 

implemented in 38 CFR 3.1703(a)(1), 

there are no other time limitations to file 

claims for burial benefits under 38 CFR 

part 3, subpart B. No substantive 

changes were made pursuant to this 

comment, as legislative action would be 

required to amend the two-year time 

limit. But in reviewing this comment, 

VA did discover a technical error in the 

proposed changes to 38 CFR 

3.1703(a)(1), which VA corrects in this 

final rule by removing an erroneous 

cross-reference to 38 CFR 3.1706(b), as 

described below. 

Per 38 U.S.C. 2304, the two-year time 

limit to submit a claim for non-serviceconnected burial benefits applies to 

applications for payments under 38 

U.S.C. 2303(a)(2)(B) and (C). This time 

limit does not apply to 38 U.S.C. 

2303(a)(2)(A), which pertains to 

Veterans who die of a non-serviceconnected disability while hospitalized 

by VA (i.e., in a VA facility as defined 

in 38 U.S.C. 1701(3) to which the 

deceased Veteran was properly admitted 

for hospital, nursing home, or 

domiciliary care under 38 U.S.C. 1710 

or 1711(a), or in an institution at which 

the deceased Veteran was, at the time of 

death, receiving hospital care in 

accordance with 38 U.S.C. 1703A, 8111, 

and 8153, nursing home care under 38 

U.S.C. 1720, or nursing home care for 

which payments are made under 38 

U.S.C. 1741). 

VA’s proposed changes to 38 CFR 

3.1703(a)(1) included cross-references to 

38 CFR 3.1705(b) and § 3.1708(b)—the 

implementing regulatory provisions for 

38 U.S.C. 2303(a)(2)(B) and (C), 

respectively, for which 38 U.S.C. 2304’s 

two-year time limit applies. However, 

VA erroneously proposed to also 

include a cross-reference to 38 CFR 

3.1706(b), the implementing regulatory 

provision for 38 U.S.C. 2303(a)(2)(A), 

pertaining to Veterans who die of a nonservice-connected disability while 

hospitalized by VA. Because 38 U.S.C. 

2304’s two-year time limit does not 

apply to 38 U.S.C. 2303(a)(2)(A), VA 

erred by proposing to include the 

corresponding regulatory provision, 38 

CFR 3.1706(b), in 38 CFR 3.1703(a)(1)’s 

description of the circumstances in 

which the statutory two-year time limit 

applies. Accordingly, VA has removed 

the reference to 38 CFR 3.1706 in 38 

CFR 3.1703(a)(1), as no time limit 

applies to a claim for the non-serviceconnected burial allowance for a 

Veteran who died while hospitalized by 

VA. 

Finally, VA makes one clarifying 

change to 38 CFR 3.1704 (Burial 

allowance based on service-connected 

death). VA revises paragraph (c)(2)’s 

reference to 38 CFR 3.1707 to 

specifically reference 38 CFR 3.1707(b), 

because a claim for the plot or interment 

allowance for service-connected death is 

payable under 38 CFR 3.1707(b) but is 

not payable under 38 CFR 3.1707(c). 

Under § 3.1707(c)(1), the plot or 

interment allowance payable based on 

burial in other than a State or Tribal 

veterans cemetery requires a veteran to 

be eligible for a burial allowance based 

on non-service-connected death under 

§ 3.1705. 

In summary, VA adopts the proposed 

rule as final, except for the technical 

amendments to 38 CFR 3.1703 and 

3.1704 as described above. 

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 (Executive Order on Modernizing 

Regulatory Review) supplements and 

reaffirms the principles, structures, and 

definitions governing contemporary 

regulatory review established in 

Executive Order 12866 of September 30, 

1993 (Regulatory Planning and Review), 

and Executive Order 13563 of January 

18, 2011 (Improving Regulation and 

Regulatory Review). The Office of 

Information and Regulatory Affairs has 

determined that this rulemaking is 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 final rule will not have a significant 

economic impact on a substantial 

number of small entities as they are 

defined in the Regulatory Flexibility Act 

(5 U.S.C. 601–612). As this final 

rulemaking will expand and increase 

benefits, it will not have a significant 

economic impact on a substantial 

number of small entities as the benefits 

received by the entities entitled to them 

were found to be de minimis. 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 final rule will have no 

such effect on State, local, and tribal 

governments, or on the private sector. 

Paperwork Reduction Act 

This final rule includes provisions 

constituting revisions to a couple of 

current/valid collections of information 

under the Paperwork Reduction Act of 

1995 (44 U.S.C. 3501–3521). The 

revisions also 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 has received the revised 

collections of information. OMB’s 

receipt of the revised collections of 

information is not an approval to 

conduct or sponsor an information 

collection under the Paperwork 

Reduction Act of 1995. In accordance 

with 5 CFR 1320, the revised collections 

of information associated with this 

rulemaking are not approved by OMB at 

this time. OMB’s approval of the revised 

collections of information will occur 

within 30 days after the Final 

rulemaking publishes. If OMB does not 

approve the revised collections of 

information as requested, VA will 

immediately remove the provision 

containing a revised collection of 

information or take such other action as 

is directed by OMB. 

The revised collections of information 

contained in 38 CFR 3.1700, 3.1701, 

3.1702, 3.1703, 3.1704, 3.1705, 3.1706, 

3.1707, 3.1708, 3.1709, 3.1711 are 

described immediately following this 

paragraph, under its respective title. 

Title: Application for Burial Benefits 

(Under 38 U.S.C. Chapter 23). 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 89, No. 186 / Wednesday, September 25, 2024 / Rules and Regulations 78253 

VA Form No: 21P–530EZ. 

OMB Control No: 2900–0003. 

CFR Provisions: 38 CFR 3.1700, 

3.1701, 3.1702, 3.1703, 3.1704, 3.1705, 

3.1706, 3.1707, 3.1708, 3.1709, 3.1711. 

• Summary of revised collection of 

information: The revised collection of 

information in 38 CFR 3.1700, 3.1701, 

3.1702, 3.1703, 3.1704, 3.1705, 3.1706, 

3.1707, 3.1708, 3.1709, and 3.1711 will 

require the respondent to provide 

information indicating whether the 

Veteran was buried in a covered 

Veterans’ cemetery. 

• Description of need for information 

and use of information: VA, through the 

Veterans Benefits Administration 

(VBA), administers an integrated 

program of benefits and services, 

established by law, for Veterans, service 

personnel, and their dependents and/or 

beneficiaries. Under the authority of 38 

U.S.C. 2302, 2303, 2304, 2307, and 

2308, VA will pay burial benefits upon 

the death of a Veteran to certain eligible 

claimants. The information will be used 

by VA to determine if the claimant is 

eligible to receive expanded 

transportation benefits due to the 

Veteran’s burial in a covered Veterans’ 

cemetery. 

• Description of likely respondents: 

The respondent population for VA Form 

21P–530EZ will be primarily composed 

of survivors of deceased Veterans 

establishing eligibility to VA burial 

benefits. 

• Estimated number of respondents: 

132,055 per year. 

• Estimated frequency of responses: 

One time per year. 

• Estimated average burden per 

response: 30 minutes. 

• Estimated total annual reporting 

and recordkeeping burden: 66,028 

burden hours (132,055 × 30/60). 

• Estimated cost to respondents per 

year: VA estimates the annual cost to 

respondents to be $2,078,561.44 (66,028 

burden hours × $31.48 per hour). 

* To estimate the total information 

collection burden cost, VA used the 

2023 Bureau of Labor Statistics (BLS) 

mean hourly wage for hourly wage for 

‘‘all occupations’’ of $31.48 per hour. 

This information is available at https:// 

www.bls.gov/oes/current/oes_

nat.htm#13-0000. 

The revised collection of information 

contained in 38 CFR 3.1700, 3.1701, 

3.1702, 3.1703, 3.1704, 3.1705, 3.1706, 

3.1707, 3.1708, 3.1709, 3.1711 is 

described immediately following this 

paragraph, under its respective title. 

Title: State or Tribal Organization 

Application for Interment Allowance 

(Under 38 U.S.C. Chapter 23). 

VA Form No: 21P–530a. 

OMB Control No: 2900–0565. 

CFR Provisions: 38 CFR 3.1700, 

3.1701, 3.1702, 3.1703, 3.1704, 3.1705, 

3.1706, 3.1707, 3.1708, 3.1709, 3.1711. 

• Summary of revised collection of 

information: The revised collection of 

information in 38 CFR 3.1700, 3.1701, 

3.1702, 3.1703, 3.1704, 3.1705, 3.1706, 

3.1707, 3.1708, 3.1709, and 3.1711 will 

require the respondent to provide 

information to determine if a Tribal 

organization is eligible for interment 

allowance for an eligible Veteran buried 

on trust land owned by, or held in trust 

for, a Tribal organization. 

• Description of need for information 

and proposed use of information: VA, 

through VBA, administers an integrated 

program of benefits and services, 

established by law, for Veterans, service 

personnel, and their dependents and/or 

beneficiaries. Under the authority of 38 

U.S.C. 2302, 2303, 2304, 2307, and 

2308, VA will pay burial benefits upon 

the death of a Veteran to certain eligible 

claimants. The information will be used 

by VA to determine if a Tribal 

organization is eligible to receive plot or 

interment benefit due to the Veteran’s 

burial on trust land owned by, or held 

in trust for, a Tribal organization. 

• Description of likely respondents: 

The respondent population for VA Form 

21P–530a will be composed of 

individuals from State or Tribal 

Organizations that are applying for 

benefits to establish entitlement to the 

plot or internment allowance for eligible 

Veterans who have been buried in a 

State Veterans’ cemetery or on Tribal 

Trust land. 

• Estimated number of respondents: 

33,594 per year. 

• Estimated frequency of responses: 

One time per year. 

• Estimated average burden per 

response: 5 minutes. 

• Estimated total annual reporting 

and recordkeeping burden: The burden 

hours are estimated to be 2,800 (33,594 

× 5/60). 

• Estimated cost to respondents per 

year: VA estimates the annual cost to 

respondents to be $88,144 (2,800 burden 

hours for respondents × $31.48 per 

hour). 

* To estimate the total information 

collection burden cost, VA used the 

2023 Bureau of Labor Statistics (BLS) 

mean hourly wage for hourly wage for 

‘‘all occupations’’ of $31.48 per hour. 

This information is available at https:// 

www.bls.gov/oes/current/oes_

nat.htm#13-0000. 

Congressional Review Act 

Pursuant to Subtitle E of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (known as the 

Congressional Review Act) (5 U.S.C. 801 

et seq.), the Office of Information and 

Regulatory Affairs designated this rule 

as not satisfying the criteria under 5 

U.S.C. 804(2). 

List of Subjects in 38 CFR Part 3 

Administrative practice and 

procedure, Claims, Veterans. 

Signing Authority 

Denis McDonough, Secretary of 

Veterans Affairs, approved and signed 

this document on September 19, 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, the Department of Veterans 

Affairs amends 38 CFR part 3 as set 

forth below: 

PART 3—ADJUDICATION 

Subpart B—Burial Benefits 

■ 1. The authority citation for part 3, 

subpart B, is revised to read as follows: 

Authority: 105 Stat. 386, 38 U.S.C. 501(a), 

2303–2308, unless otherwise noted. 

■ 2. Amend § 3.1700 by revising 

paragraph (b) to read as follows: 

§ 3.1700 Types of VA burial benefits. 

* * * * * 

(b) Definitions. For the purposes of 

this subpart: 

(1) Burial means all the legal methods 

of disposing of the remains of a 

deceased person, including, but not 

limited to, cremation, burial at sea, and 

medical school donation. 

(2) Covered veterans’ cemetery is a 

designation for an eligible cemetery 

considered in the determination of 

transportation benefits under § 3.1709 

that meets the following criteria: 

(i) A deceased veteran as described in 

38 U.S.C. 2308(b) is eligible to be buried 

within the cemetery; 

(ii) The cemetery is either owned by 

a State or is on trust land owned by, or 

held in trust for, a Tribal organization; 

and 

(iii) The cemetery is one for which the 

Secretary has made a grant under 38 

U.S.C. 2408. 

* * * * * 

■ 3. Amend § 3.1701 by: 

■ a. Removing the citation ‘‘38 U.S.C. 

2302’’ and adding in its place ‘‘38 U.S.C. 

2303’’; and 


ddrumheller on DSK120RN23PROD with RULES1
78254 Federal Register / Vol. 89, No. 186 / Wednesday, September 25, 2024 / Rules and Regulations 

■ b. Revising the authority citation at 

the end of the section. 

The revision reads as follows: 

§ 3.1701 Deceased veterans for whom VA 

may provide burial benefits. 

* * * * * 

(Authority: 38 U.S.C. 101(2), 2303, 2307, 

2308) 

■ 4. Amend § 3.1702 by revising 

paragraphs (a)(2), (b)(1) introductory 

text, (c)(2) introductory text, and the 

authority citation at the end of the 

section to read as follows: 

§ 3.1702 Persons who may receive burial 

benefits; priority of payments. 

* * * * * 

(a) * * * 

* * * * * 

(2) VA may grant additional burial 

benefits, including the plot or interment 

allowance under § 3.1707, the 

transportation benefit under § 3.1709, 

and the service-connected burial 

allowance under § 3.1704, to the 

surviving spouse or any other eligible 

person in accordance with paragraph (b) 

of this section and based on a claim 

described in § 3.1703. 

(b) * * * 

(1) Except for claims a State, an 

agency or political subdivision of a 

State, or a Tribal organization files 

under § 3.1707 or § 3.1708, VA will pay, 

upon the death of a veteran, the first 

living person to file of those listed in 

paragraphs (b)(1)(i) through (v) of this 

section: 

* * * * * 

(c) * * * 

* * * * * 

(2) Claims for the plot or interment 

allowance (except for claims filed by a 

State, an agency or political subdivision 

thereof, or a Tribal organization) under 

§ 3.1707 may be executed by: 

* * * * * 

(Authority: 38 U.S.C. 2303, 2307, 2308) 

■ 5. Amend § 3.1703 by revising 

paragraphs (a)(1) and (b)(2) to read as 

follows: 

§ 3.1703 Claims for burial benefits. 

(a) * * * 

(1) General rule. Except as provided 

in paragraph (a)(2) of this section, VA 

must receive a claim for the non-serviceconnected burial allowance for veterans 

described within § 3.1705(b) or 

§ 3.1708(b) no later than 2 years after the 

burial of the veteran. There are no other 

time limitations to file claims for burial 

benefits under subpart B of this part. 

* * * * * 

(b) * * * 

(2) Payment for transportation 

expenses. In order to pay transportation 

costs, VA must receive supporting 

documentation, preferably on 

letterhead, showing who incurred the 

costs, the name of the deceased veteran, 

the specific transportation expenses 

incurred, and the dates of the services 

rendered. 

* * * * * 

■ 6. Amend § 3.1704 by revising 

paragraphs (c)(1) and (2) to read as 

follows: 

§ 3.1704 Burial allowance based on 

service-connected death. 

* * * * * 

(c) * * * 

(1) VA may pay the transportation 

benefit under § 3.1709; and 

(2) VA may pay the plot or interment 

allowance under § 3.1707(b). 

* * * * * 

■ 7. Amend § 3.1705: 

■ a. In paragraph (a), by removing the 

citation ‘‘38 U.S.C. 2302’’ and adding in 

its place ‘‘38 U.S.C. 2303’’; and 

■ b. By revising paragraph (e) and the 

authority citation at the end of the 

section. 

The revisions read as follows: 

§ 3.1705 Burial allowance based on nonservice-connected death. 

* * * * * 

(e) Additional benefits available 

based on non-service-connected death. 

In addition to the non-service-connected 

burial allowance authorized by this 

section: 

(1) VA may pay the transportation 

benefit under § 3.1709; and 

(2) VA may pay the plot or interment 

allowance under § 3.1707. 

(Authority: 38 U.S.C. 2303, 2304, 2308) 

■ 8. Amend § 3.1706 by revising 

paragraphs (d)(1) and (2) and the 

authority citation at the end of the 

section to read as follows: 

§ 3.1706 Burial allowance for a veteran 

who dies while hospitalized by VA. 

* * * * * 

(d) * * * 

(1) VA may pay the transportation 

benefit under § 3.1709; and 

(2) VA may pay the plot or interment 

allowance under § 3.1707. 

(Authority: 38 U.S.C. 2303, 2308) 

■ 9. Amend § 3.1707 by revising 

paragraph (b) and the paragraph heading 

to paragraph (c) to read as follows: 

§ 3.1707 Plot or interment allowances for 

burial in a State veterans cemetery or other 

cemetery. 

* * * * * 

(b) Plot or interment allowance for 

burial in a State or Tribal veterans 

cemetery. VA will pay the plot or 

interment allowance in the amount 

specified in 38 U.S.C. 2303(b)(1) 

(without regard to whether any other 

burial benefits were provided for that 

veteran) to a State, an agency or political 

subdivision of a State, or a Tribal 

organization that provided a burial plot 

or interment for the veteran without 

charge if the State, agency or political 

subdivision of the State, or Tribal 

organization: 

(1) Is claiming the plot or interment 

allowance for burial of the veteran in a 

cemetery, or section of a cemetery, 

owned by the State, agency or 

subdivision of the State, or on trust land 

owned by, or held in trust for, a Tribal 

organization; 

(2) Did not charge for the expense of 

the plot or interment; and 

(3) Uses the cemetery or section of a 

cemetery solely for the interment of: 

(i) Persons eligible for burial in a 

national cemetery; and 

(ii) In a claim based on a veteran’s 

death after October 31, 2000, either: 

(A) Deceased members of a reserve 

component of the Armed Forces not 

otherwise eligible for interment in a 

national cemetery; 

(B) Deceased former members of a 

reserve component of the Armed Forces 

not otherwise eligible for interment in a 

national cemetery who were discharged 

or released from service under 

conditions other than dishonorable; or 

(C) Individuals described in 38 U.S.C. 

2408(i)(2). 

(c) Plot or interment allowance 

payable based on burial in other than a 

State or Tribal veterans cemetery. * * * 

* * * * * 

■ 10. Amend § 3.1708: 

■ a. In paragraph (a), by removing the 

citation ‘‘38 U.S.C. 2302’’ and adding in 

its place ‘‘38 U.S.C. 2303’’; and 

■ b. By revising paragraph (c) and the 

authority citation at the end of the 

section. 

The revisions read as follows: 

§ 3.1708 Burial of a veteran whose remains 

are unclaimed. 

* * * * * 

(c) Additional benefit for 

transportation of unclaimed remains. In 

addition to the burial allowance 

authorized by this section, VA may pay 

the transportation benefit under 

§ 3.1709. 

* * * * * 

(Authority: 38 U.S.C. 2303, 2308) 

■ 11. Amend § 3.1709 by: 

■ a. Revising the section heading and 

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

■ b. Removing the word ‘‘reimburse’’ 

and adding in its place ‘‘pay’’ In 

paragraph (d)(1); 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 89, No. 186 / Wednesday, September 25, 2024 / Rules and Regulations 78255 

1 89 FR 54748. 

The revisions read as follows: 

§ 3.1709 Transportation expenses for 

burial. 

(a) General. VA will pay the 

transportation expenses, subject to 

paragraph (d) of this section, of a 

veteran’s remains to the place of burial 

for a veteran described in paragraph (b) 

of this section or for burial in a national 

cemetery or a covered veterans’ 

cemetery, as defined in § 3.1700(b)(2), 

for a veteran described in paragraph (c) 

of this section. 

(b) Eligibility for transportation to the 

place of burial under 38 U.S.C. 2303(a). 

VA will pay the expense incurred to 

transport an eligible veteran’s remains 

to the place of burial, subject to 

paragraph (d) of this section, where the 

death occurs within a State and the 

place of burial is in the same State or 

any other State. 

(1) A veteran described in this 

paragraph is a deceased veteran who 

meets any of the following criteria: 

(i) A veteran covered under 38 CFR 

3.1705(b), or a veteran who died of a 

service-connected disability and who 

also satisfies the criteria listed under 38 

CFR 3.1705(b)). 

(ii) A veteran covered under 38 CFR 

3.1706(b). 

(iii) A veteran covered under 38 CFR 

3.1708(b). 

(2) A payment authorized under 

paragraph (b) of this section shall not 

duplicate any payment authorized 

under paragraph (c) of this section. 

(c) Eligibility for transportation 

benefit under 38 U.S.C. 2308. For a 

veteran described below, VA will pay 

for the expense incurred, subject to 

paragraph (d) of this section, to 

transport a veteran’s remains for burial 

in a national cemetery or a covered 

veterans’ cemetery, as defined in 38 CFR 

3.1700(b)(2). 

(1) A veteran described in this 

paragraph is a deceased veteran who: 

(i) Died as the result of a serviceconnected disability and who is not 

eligible for the transportation benefit 

under paragraph (b) of this section; or 

(ii) Died outside of a State. 

(2) The amount payable under this 

paragraph (c) will not exceed the cost of 

transporting the remains to the national 

cemetery closest to the veteran’s last 

place of residence in which burial space 

is available and is subject to the 

limitations set forth in paragraph (d) of 

this section. 

(3) A payment authorized under this 

paragraph (c) shall not duplicate any 

payment authorized under paragraph (b) 

of this section. 

* * * * * 

■ 12. Amend § 3.1711 by: 

■ a. Revising paragraph (a) introductory 

text; 

■ b. Removing the citation ‘‘38 U.S.C. 

2302’’ and adding in its place ‘‘38 U.S.C. 

2303’’ In paragraph (b)(1); and 

■ c. Revising the authority citation at 

the end of the section. 

The revisions read as follows: 

§ 3.1711 Effect of contributions by 

government, public, or private 

organizations. 

(a) Contributions by government or 

employer. With respect to claims for a 

plot or interment allowance under 

§ 3.1707, if VA has evidence that the 

U.S., a State, any agency or political 

subdivision of the U.S. or of a State, 

Tribal organization, or the employer of 

the deceased veteran has paid or 

contributed payment to the veteran’s 

plot or interment expenses, VA will pay 

the claimant up to the lesser of: 

* * * * * 

(Authority: 38 U.S.C. 2303) 

[FR Doc. 2024–21864 Filed 9–24–24; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2024–0197; FRL–11981– 

02–R9] 

Air Plan Revisions; California; 

Sacramento Metropolitan Air Quality 

Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve State implementation plan 

(SIP) revisions from the Sacramento 

Metropolitan Air Quality Management 

District (SMAQMD or ‘‘District’’) to 

address Clean Air Act (CAA or ‘‘Act’’) 

requirements related to the 2008 8-hour 

ozone national ambient air quality 

standards (NAAQS or ‘‘standards’’). 

These revisions concern emissions of 

oxides of nitrogen (NOX) from boilers, 

gas turbines, and miscellaneous 

(‘‘misc’’) combustion units as well as 

reasonably available control technology 

(RACT) requirements for major sources 

of NOX in the portion of the Sacramento 

Metro, CA, nonattainment area that is 

subject to SMAQMD jurisdiction. 

DATES: This rule is effective October 25, 

2024. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2024–0197. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available through https://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. If 

you need assistance in a language other 

than English or if you are a person with 

a disability who needs a reasonable 

accommodation at no cost to you, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Eugene Chen, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105. By phone: (415) 947–4304 or by 

email at chen.eugene@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Proposed Action 

On July 2, 2024, the EPA proposed to 

approve the California Air Resources 

Board’s (CARB) submittal of a SIP 

revision adopted by the SMAQMD.1 As 

discussed in our proposed action, this 

SIP revision adopted portions of several 

permits issued under the District’s SIPapproved New Source Review (NSR) 

permit program (‘‘District Permits’’) for 

submittal into the SIP. These District 

Permits are relied upon to implement 

RACT for major sources of NOX, and we 

proposed to determine that these 

District Permits would comply with the 

EPA’s Startup, Shutdown, and 

Malfunction (SSM) policy and other 

applicable Clean Air Act (CAA or 

‘‘Act’’) requirements. Based on our 

review, we proposed to determine that 

these District Permits, in conjunction 

with the SIP-approved NOX limits 

already established in Rule 411 (NOX

from Boilers, Process Heaters and Steam 

Generators) and Rule 413 (Stationary 

Gas Turbines), implement RACT for 

each major NOX source in the District. 

We therefore also proposed to approve 


ddrumheller on DSK120RN23PROD with RULES1