19534 Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Rules and Regulations 

rule is to warn mariners in waters where 

72 COLREGS apply. 

DATES: This rule is effective April 13, 

2015 and is applicable beginning April 

1, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Commander Theron R. Korsak, 

(Admiralty and Maritime Law), Office of 

the Judge Advocate General, Department 

of the Navy, 1322 Patterson Ave. SE., 

Suite 3000, Washington Navy Yard, DC 

20374–5066, telephone 202–685–5040. 

SUPPLEMENTARY INFORMATION: Pursuant 

to the authority granted in 33 U.S.C. 

1605, the DoN amends 32 CFR part 706. 

This amendment provides notice that 

the DAJAG (Admiralty and Maritime 

Law), under authority delegated by the 

Secretary of the Navy, has certified that 

USS CORONADO (LCS 4) is a vessel of 

the Navy which, due to its special 

construction and purpose, cannot fully 

comply with the following specific 

provisions of 72 COLREGS without 

interfering with its special function as a 

naval ship: Annex I, paragraph 3(c), 

pertaining to the task light’s horizontal 

distance from the fore and aft centerline 

of the vessel in the athwartship 

direction. The DAJAG (Admiralty and 

Maritime Law) has also certified that the 

lights involved are located in closest 

possible compliance with the applicable 

72 COLREGS requirements. 

Moreover, it has been determined, in 

accordance with 32 CFR parts 296 and 

701, that publication of this amendment 

for public comment prior to adoption is 

impracticable, unnecessary, and 

contrary to public interest since it is 

based on technical findings that the 

placement of lights on this vessel in a 

manner differently from that prescribed 

herein will adversely affect the vessel’s 

ability to perform its military functions. 

List of Subjects in 32 CFR Part 706 

Marine safety, Navigation (water), 

Vessels. 

For the reasons set forth in the 

preamble, the DoN amends part 706 of 

title 32 of the Code of Federal 

Regulations as follows: 

PART 706—CERTIFICATIONS AND 

EXEMPTIONS UNDER THE 

INTERNATIONAL REGULATIONS FOR 

PREVENTING COLLISIONS AT SEA, 

1972 

■ 1. The authority citation for part 706 

continues to read as follows: 

Authority: 33 U.S.C. 1605. 

■ 2. Section 706.2 is amended in Table 

Five by revising the entry for USS 

CORONADO (LCS 4) to read as follows: 

§ 706.2 Certifications of the Secretary of 

the Navy under Executive Order 11964 and 

33 U.S.C. 1605. 

* * * * * 

* * * * * 

TABLE FOUR

Vessel Number 

Horizontal 

distance from 

the fore 

and aft 

centerline of 

the vessel in 

the athwart 

ship direction 

* * * * * 

USS CORONADO .......... LCS 4 0.18 

* * * * * 

* * * * * 

Approved: April 1, 2015. 

A.B. Fischer, 

Captain, JAGC, U.S. Navy, Deputy Assistant 

Judge Advocate, General (Admiralty and 

Maritime Law). 

Dated: April 6, 2015. 

N. A. Hagerty-Ford, 

Commander, Office of the Judge Advocate 

General, U.S. Navy, Federal Register Liaison 

Officer. 

[FR Doc. 2015–08422 Filed 4–10–15; 8:45 am] 

BILLING CODE 3810–FF–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 38 

RIN 2900–AO99 

Reimbursement for Caskets and Urns 

for Burial of Unclaimed Remains in a 

National Cemetery 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) National Cemetery 

Administration (NCA) amends its 

regulations to establish a new program 

to provide reimbursement for caskets 

and urns for the interment of the 

remains of veterans with no known 

next-of-kin and where sufficient 

financial resources are not available for 

this purpose. 

DATES: Effective date: The final rule is 

effective May 13, 2015. Applicability 

date: The final rule applies to claims for 

reimbursement for burial receptacles for 

individuals who died on or after January 

10, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Andrina Brown, Office of Field 

Programs (41A), National Cemetery 

Administration (NCA), Department of 

Veterans Affairs, 810 Vermont Avenue 

NW., Washington, DC 20420. 

Telephone: (202) 461–6833 (this is not 

a toll-free number). 

SUPPLEMENTARY INFORMATION: In a 

document published on July 2, 2014 (79 

FR 37698), VA proposed revising its 

regulations governing burial in national 

cemeteries to implement new authority 

under section 2306 of title 38, United 

States Code (U.S.C.), to furnish a casket 

or urn for interment in a VA national 

cemetery of the unclaimed remains of 

veterans for whom VA cannot identify 

a next-of-kin and determines that 

sufficient financial resources for the 

furnishing of a casket or urn for burial 

are not otherwise available. The 30-day 

public comment period ended on 

August 1, 2014. VA received fourteen 

comments from interested individuals 

and organizations. To address some of 

those comments, as will be explained in 

detail below, VA added a new 

paragraph (b) and redesignated 

proposed paragraphs (b), (c), and (d) as 

paragraphs (c), (d), and (e), respectively. 

Eight commenters expressed support 

for the proposed amendment. We thank 

these individuals for taking the time to 

review and comment on the rulemaking. 

We make no changes to the regulation 

based on these comments. 

One commenter suggested that VA 

contract with online providers of 

caskets and urns to make bulk 

purchases of caskets and urns, which 

would then be shipped to individuals 

who apply online. As discussed in the 

preamble to the proposed rulemaking, 

VA considered the direct purchase 

option but determined that would be a 

less efficient and economical means of 

administering this benefit. Development 

of an online application portal and 

establishment of contractual 

relationships with suppliers would 

require considerable time and would 

delay VA’s ability to timely provide this 

benefit as needs arise. The expense 

required to contract and to build an 

online portal would decrease the 

resources available to provide the 

benefit itself. The commenter stated that 

he felt the suggestion would allow for 

‘‘quality control.’’ As we indicated in 

the preamble to the proposed 

rulemaking, unclaimed veteran remains 

are often in the custody of funeral 

homes or others who are authorized 

under state law to dispose of unclaimed 

remains. 79 FR at 37699. Therefore, we 

believe they are likely familiar with 

procuring burial receptacles. We further 


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Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Rules and Regulations 19535 

expect that those who will provide 

caskets or urns will use the same 

suppliers from whom they purchase 

caskets and urns for the families they 

serve in their normal course of business 

and that the caskets and urns they 

purchase will be of no lesser quality 

than those provided for familyrequested funeral services. Further, as 

we provide in redesignated 

§ 38.628(c)(5), VA will visually inspect 

the casket or urn when it is presented 

at the national cemetery to ensure that 

it corresponds to the description in the 

invoice and meets NCA’s specifications, 

which are intended to ensure safe 

handling and integrity of veteran 

remains. Accordingly, VA makes no 

changes based on this comment. 

Another commenter urged that we 

implement this benefit so that it is ‘‘not 

cumbersome to administer and is fair in 

the time it takes to reimburse.’’ We 

believe that the reimbursement program 

we have outlined in our regulation 

meets both of those criteria. The 

commenter further suggested that VA 

develop a form and process for eligible 

veterans to ‘‘pre-order [and] get preauthorized’’ to assist them with advance 

planning. Generally, VA encourages 

veterans and their families to plan for 

their burial needs. However, while such 

a plan may include a stated desire to be 

buried in a national cemetery, VA has 

no authority to pre-determine eligibility 

for burial or memorialization, because 

eligibility decisions must be made based 

on the law in effect at the time the 

individual dies. If, upon the death of an 

eligible veteran, VA is made aware of 

the veteran’s wishes regarding burial, 

VA will try to accommodate those 

wishes to the fullest extent possible. 

This regulation, however, is applicable 

when a veteran dies without sufficient 

funds available for burial and has no 

known next-of-kin. Third parties, such 

as public administrators, local coroners, 

funeral directors or volunteer 

organizations, who may have assumed 

responsibility for the burial of these 

unclaimed remains, will likely be 

unaware of any wishes for burial 

arrangements. However, even without 

knowing the burial wishes of the 

deceased veteran, by establishing a 

means to reimburse these third parties 

for the expense of a burial receptacle at 

a time of need, VA will ensure that 

these veterans receive an appropriate 

burial in a national cemetery. VA will 

make no changes based on this 

comment. 

VA received comments from a funeral 

services trade association on two issues. 

The first issue concerned our reference 

to the Federal Trade Commission (FTC) 

regulations that define ‘‘alternative 

container’’ which VA construed as 

applicable to cremation urns. The 

commenter stated that ‘‘alternative 

container,’’ in the funeral industry, ‘‘is 

the receptacle that the body is placed 

into prior to cremation.’’ The 

commenter also stated that plastic is 

‘‘generally not deemed appropriate for 

use as an urn.’’ The commenter then 

suggested that we revise our regulation 

to include wood or metal, in addition to 

durable plastic, as an acceptable 

material for urns subject to 

reimbursement under § 38.628. We 

reviewed the FTC regulation in light of 

this feedback and believe that the 

commenter’s statement that an 

alternative container refers to a 

receptacle for the body prior to 

cremation is an accurate interpretation 

of the FTC regulation, which states that 

requiring the public to purchase a casket 

for direct cremations is an unfair or 

deceptive act or practice for a funeral 

provider and requires funeral providers 

to ‘‘make an alternative container 

available for direct cremations.’’ See 16 

CFR 453.4(a)(2). We wish to correct the 

statement made in the preamble to the 

proposed rule (see 79 FR at 37699). 

However, we did not ‘‘base’’ the 

definition of ‘‘urn’’ in § 38.628 on the 

phrase ‘‘alternative container’’ (we did 

use the definition of ‘‘casket’’ from the 

FTC regulation) nor was ‘‘alternative 

container’’ used elsewhere in the 

proposed rulemaking. Our definition of 

urn was developed using the elements 

we felt necessary for a burial receptacle 

that would ensure that the cremated 

remains of veterans, in the absence of a 

family member to make such 

determinations, are laid to rest in a 

consistently dignified manner. We have 

decided that, for purposes of 

reimbursement, an urn made of durable 

plastic would be the minimum 

requirement because we must ensure 

that we use the finite resources at our 

disposal to provide this benefit for as 

many veterans, without family or 

resources, as we can. We disagree with 

the commenter’s assertion that durable 

plastic is ‘‘generally not deemed 

appropriate for use as an urn.’’ In fact, 

many of the inurnments at national 

cemeteries are of urns constructed of 

durable plastic, so while the commenter 

is correct that many families may 

choose to place the remains in urns of 

different construction, we can confirm 

that many find a durable plastic urn to 

be appropriate for the remains of their 

loved one. 

Regarding the commenter’s request 

that we amend the regulation to include 

other materials for urn construction, 

although we stated in the preamble to 

the proposed rulemaking that we do not 

prohibit individuals or entities from 

purchasing burial receptacles of higher 

standard, such as a stronger gauge metal 

for caskets, or wood or metal for urns, 

this comment indicates that our 

information was not sufficiently clear as 

to the types of caskets and urns that 

would be acceptable for reimbursement, 

and therefore we are making changes to 

the regulation to address the issue the 

commenter raises, although we will not 

be using the amendment suggested in 

the comment. 

Proposed § 38.628(b)(5), now 

redesignated § 38.628(c)(5), was 

intended to prescribe certain minimum 

standards for caskets and urns that 

would ensure that each veteran, in the 

absence of a family member to make 

burial decisions, is laid to rest in a 

consistently dignified manner. We are 

making changes to redesignated 

paragraph (c)(5)(ii) to specifically 

address the commenter’s concern by 

stating that individuals or entities may 

purchase and request reimbursement for 

urns constructed of materials other than 

durable plastic, including wood, metal, 

or ceramic, even though reimbursement 

will be limited to the average cost of a 

durable plastic urn. In reviewing this 

provision, we also noted that the casket 

provision may be subject to 

misinterpretation so we have amended 

redesignated paragraph (c)(5)(i) to 

clarify that the caskets must be of metal 

construction, but may be of a thicker 

gauge metal, even though 

reimbursement will be limited to the 

average cost of a casket of 20-gauge 

metal construction. We note that these 

changes will allow for only one 

material, metal, for the construction of 

caskets while urns may be constructed 

of a variety of materials. As stated in the 

proposed rulemaking, we established 

minimum standards to ensure the burial 

receptacles could withstand 

disinterment and reinterment, should 

that need arise. We explicitly require 

metal caskets because we believe they 

will endure the environmental 

conditions of in-ground burial better 

than other materials and keep the 

remains intact. Urns may be inurned in 

above-ground niches, so their 

construction may not need to endure the 

rigors of in-ground burial. For those that 

will be inurned in the ground, we note 

that an urn will include an interior 

container for the cremated remains that 

will help ensure their integrity if the 

outer construction should fail. 

While we have amended the language 

regarding the construction of a casket or 

an urn, we do not change the standard 

used to calculate the maximum 

reimbursement amount under 


wreier-aviles on DSK5TPTVN1PROD with RULES
19536 Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Rules and Regulations 

redesignated paragraph (d). As stated in 

the proposed rule, we established a 

maximum reimbursement amount based 

on the minimum construction standards 

of either a casket or an urn. VA will 

reimburse for the actual cost of a burial 

receptacle, as shown on an invoice, up 

to a maximum reimbursement amount 

that is equal to the average cost of 

receptacles meeting the minimum 

standards for the fiscal year preceding 

the calendar year of when a claim for 

reimbursement is received. To ensure 

that the edits to redesignated paragraph 

(c) described above do not confuse how 

we calculate the average cost, we will 

state the minimum standards in 

redesignated paragraph (d), which 

establishes the maximum 

reimbursement amount. We reiterate 

here that VA will only reimburse for a 

single casket or urn purchased on behalf 

of any decedent and that, under 

redesignated § 38.628(c)(5), the 

cemetery director receiving the remains 

will visually inspect the casket or urn 

that is presented for burial or inurnment 

to ensure that it matches the description 

on the invoice submitted for payment. 

Therefore, if, as the commenter 

explained, the cremated remains are 

moved from one container to another of 

a different material, we will only 

reimburse for the cost of the urn 

presented for burial, subject to the 

maximum reimbursement amount. Any 

individual or entity seeking 

reimbursement must ensure that the 

invoice presented for payment is the 

invoice for the burial receptacle 

presented for burial. 

The same commenter noted a second 

issue regarding proposed paragraph 

(b)(2), now redesignated paragraph 

(c)(2), and the requirement that 

individuals seeking reimbursement 

certify that they cannot identify the 

decedent’s next-of-kin and that VA’s 

records do not identify the next-of-kin. 

The commenter objected that, because 

they do not have access to VA’s records, 

they could not certify as to whether a 

next-of-kin was identified there. The 

commenter also added that funeral 

homes are often faced with a dilemma 

in which a deceased veteran’s next-ofkin is identified but is unwilling or 

unable to assume responsibility for 

burial arrangements. The commenter 

suggested a clarification to reflect that 

an applicant who provides a casket or 

urn because of an uncooperative nextof-kin would still be entitled to 

reimbursement. We acknowledge the 

commenter’s concerns are valid. 

As an initial matter, we have 

determined that the required findings 

that a veteran have no known next-ofkin or sufficient resources to furnish a 

casket or urn can be satisfied by the 

applicant’s certification to that effect. 

State and local laws governing the 

disposition of unclaimed remains 

require, generally, that a search be 

performed to identify a decedent’s nextof-kin or authorized representative who 

may assume responsibility for the final 

disposition of the remains. VA believes 

that it would be reasonable to rely on 

the applicant’s certification that no 

next-of-kin was identified as a result of 

an independent search performed in 

compliance with the legal requirements 

of that jurisdiction. The intent of the 

Dignified Burial and Other Veterans’ 

Benefits Improvement Act of 2012 (the 

Act) is to assist individuals or entities 

in possession of remains that are 

unclaimed in providing for the final 

disposition of those remains. Because 

we believe that an additional search by 

VA of its own records would be 

duplicative of this process and could 

potentially delay or even deter 

individuals or entities from bringing 

unclaimed veteran remains to VA for 

burial, we find that reliance on the 

applicant’s certification that no next-ofkin has been identified is reasonable. 

Moreover, because laws related to the 

disposition of unclaimed remains also 

involve determinations of the 

decedent’s indigency, VA will also 

accept the applicant’s certification that, 

based upon available information, there 

are insufficient financial resources 

available to furnish a burial receptacle. 

Accordingly, we have added paragraph 

(b) to state that we will rely on the 

applicant’s certification. Proposed 

paragraphs (b), (c), and (d) will now 

become paragraphs (c), (d), and (e), 

respectively, and we further amend 

redesignated paragraphs (c)(2) and (c)(3) 

to eliminate any requirement that an 

individual or entity seeking 

reimbursement must certify as to what 

is in VA records. 

In redesignated paragraph (c)(2), we 

explicitly allow for the circumstance of 

the ‘‘uncooperative next-of-kin,’’ as 

described by the commenter. As we 

stated in the preamble to the proposed 

rule, we cannot compel an identified 

next-of-kin of a deceased veteran who is 

unwilling or unable to assume 

responsibility for the deceased veteran’s 

burial. We recognize that relevant state 

and local laws include provisions 

applicable to the type of situation 

described by the commenter. These laws 

often address the situation by allowing 

individuals or entities in possession of 

remains that are unclaimed to arrange 

for burial after a defined period of time, 

despite the existence of an 

uncooperative relative who may have 

means, but refuses to claim the 

decedent’s remains or arrange for final 

disposition. We therefore add a 

provision to redesignated paragraph 

(c)(2) to require the applicant to certify 

that they have followed the relevant 

state or local laws relating to the 

disposition of remains. VA will accept 

an applicant’s certification that an 

identified next-of-kin is unwilling or 

unable to assume responsibility for the 

deceased veteran’s burial arrangements 

as meeting the requirements that the 

decedent has no next-of-kin and 

insufficient resources to purchase the 

casket or urn. 

We received a comment suggesting 

that we make provision for certain 

veterans who died prior to January 10, 

2014. The effective date was defined in 

the authorizing statute and VA has no 

authority to provide caskets or urns for 

veterans who died prior to that date. 

The commenter also suggested, in his 

original comment and in a follow-up 

comment, that we make changes to 

regulatory provisions relating to our 

definition of applicant. That provision 

is beyond the scope of this rulemaking, 

but VA is planning to address it in 

another rulemaking soon. We make no 

changes to this regulation based on 

these comments. 

One commenter questioned our 

estimate on the number of applications 

we anticipated we would receive under 

this regulation. We estimated that we 

would receive approximately 670 

applications for reimbursement for a 

burial receptacle purchased in 2014 and 

that this number would decrease in 

years to come. The commenter appears 

to believe our estimate is too low, based 

on estimates of the total number of 

veterans who die yearly. Our estimate 

uses the total annual number of veteran 

deaths, but adjusts that number based 

on VA statistics to determine the 

number of veterans without a next-ofkin and where sufficient resources are 

unavailable to furnish a casket or urn, 

to determine the number that may need 

to be furnished a burial receptacle under 

this regulation. We make no changes 

based on this comment. 

In redesignated paragraph (d), we 

indicate that we will publish an annual 

notice providing the average cost of a 

casket or urn that will be the maximum 

allowable reimbursement amount for 

each type of burial receptacle. In the 

proposed rule, we indicated we would 

pay these rates based on the year the 

burial receptacle was purchased. 

However, we have determined that it 

will be more efficient to process 

applications using the maximum 

reimbursement amounts based on the 

year in which the application is 


wreier-aviles on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Rules and Regulations 19537 

received instead of the date the burial 

receptacle was purchased. We have 

changed paragraph (d) to indicate that 

these maximum rates apply to 

applications received for the purchase 

of a burial receptacle in a given calendar 

year and have deleted the reference to 

the date of purchase. 

Finally, we are also updating 

redesignated paragraph (e) to indicate 

that we will reimburse those individuals 

who have been waiting for the 

publication of this final rule to submit 

their applications at the reimbursement 

rates for 2015. VA advised these 

individuals to hold their receipts until 

the publication of the final rule. Because 

publication has been delayed, and they 

could not submit those applications in 

calendar year 2014, the current 

maximum rates should apply. As 

indicated in the notice published 

elsewhere in this Federal Register, the 

maximum reimbursement amounts for 

2015 are $1,967 for a casket and $172 

for an urn, which apply to all 

applications received in calendar year 

2015. 

Based on the rationale set forth in the 

SUPPLEMENTARY INFORMATION to the 

proposed rule and in this final rule, VA 

is adopting the proposed rule as a final 

rule with the changes as noted above to 

new paragraph (b) and redesignated 

paragraphs (c)(2), (c)(3), (c)(5), (d), and 

(e). 

Effect of Rulemaking 

Title 38 of the Code of Federal 

Regulations, as revised by this final 

rulemaking, represents VA’s 

implementation of its legal authority on 

this subject. Other than future 

amendments to this regulation or 

governing statutes, no contrary guidance 

or procedures are authorized. All 

existing or subsequent VA guidance 

must be read to conform with this 

rulemaking if possible or, if not 

possible, such guidance is superseded 

by this rulemaking. 

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, because the 

number of claims and the amounts 

involved are expected to be small. This 

rule will only impact those third parties 

and entities that choose to participate in 

this program. Payments made under this 

program are not intended as benefits but 

to provide reimbursement for privately 

purchased caskets and urns. We 

estimate the average price of a burial 

receptacle (and therefore the average 

reimbursement) for 2014 will be less 

than $2,000 for caskets and less than 

$200 for urns. We also estimate that the 

total number of reimbursements for 

2014 will be 338 caskets and 332 urns. 

Because the final rulemaking provides 

for a reimbursement, the individual or 

entity purchasing the burial receptacle 

will recoup the purchase price, up to 

the maximum rate established annually. 

Generally this will result in the 

individual or entity avoiding a financial 

loss for having made the purchase. But, 

because the reimbursement will not 

exceed the purchase price of the burial 

receptacle, the individual or entity will 

not experience any gain. Therefore, 

pursuant to 5 U.S.C. 605(b), this 

rulemaking is exempt from the initial 

and final regulatory flexibility analysis 

requirements of sections 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 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 rule will have no such 

effect on State, local, and tribal 

governments, or on the private sector. 

Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(at 44 U.S.C. 3507) requires that VA 

consider the impact of paperwork and 

other information collection burdens 

imposed on the public. Under 44 U.S.C. 

3507(a), an agency may not collect or 

sponsor the collection of information, 

nor may it impose an information 

collection requirement unless it 

displays a currently valid Office of 

Management and Budget (OMB) control 

number. See also 5 CFR 1320.8(b)(3)(vi). 

This final rule will impose the 

following new information collection 

requirement. Section 38.628 will require 

submission of new VA Form 40–10088 

by individuals seeking reimbursement 

from VA for the purchase of a casket or 

urn for the remains of a veteran who has 

no next-of-kin and where sufficient 

resources are unavailable to furnish a 

burial receptacle. The collection of 

information is necessary for VA to 

obtain information sufficient to 

determine whether reimbursement is 

appropriate. Information provided will 

include proof that the requesting 

individual purchased the burial 

receptacle and that the burial receptacle 

meets standards detailed in the 

regulation, and the purchase price of the 

receptacle. VA will use this information 

to determine whether reimbursement is 

appropriate and, if so, the appropriate 

amount of the reimbursement. 

As required by the Paperwork 

Reduction Act of 1995 (at 44 U.S.C. 

3507(d)), VA submitted this information 

collection to OMB for its review. OMB 

approved this new information 

collection requirement associated with 

the final rule and assigned OMB control 

number 2900–0799. 

Executive Orders 12866 and 13563 

Executive Orders 12866 and 13563 

direct 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 

12866 (Regulatory Planning and 

Review) defines a ‘‘significant 

regulatory action,’’ which requires 

review by the Office of Management and 

Budget (OMB), 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 otherwise 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 this Executive Order.’’ 

The economic, interagency, 

budgetary, legal, and policy 

implications of this rule have been 

examined and it has been determined 

not to be a significant regulatory action 

under Executive Order 12866. VA’s 

impact analysis can be found as a 

supporting document at http://

www.regulations.gov, usually within 48 

hours after the rulemaking document is 

published. Additionally, a copy of the 

rulemaking and its impact analysis are 

available on VA’s Web site at http://

www1.va.gov/orpm/, by following the 

link for ‘‘VA Regulations Published.’’ 


wreier-aviles on DSK5TPTVN1PROD with RULES
19538 Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Rules and Regulations 

Catalog of Federal Domestic Assistance 

Numbers 

The Catalog of Federal Domestic 

Assistance program number and title for 

this rule are 64.201, National 

Cemeteries. 

Signing Authority 

The Secretary of Veterans Affairs, or 

designee, approved this document 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. Jose 

D. Riojas, Chief of Staff, approved this 

document on April 7, 2015, for 

publication. 

List of Subjects in 38 CFR Part 38 

Administrative practice and 

procedure, Cemeteries, Veterans. 

Dated April 8, 2015. 

William F. Russo, 

Acting Director, Office of Regulation Policy 

& Management, Office of the General Counsel, 

U.S. Department of Veterans Affairs. 

For the reasons stated in the 

preamble, the Department of Veterans 

Affairs amends 38 CFR part 38 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, 2306, 

2402, 2403, 2404, 2408, 2411, 7105. 

■ 2. Add § 38.628 to read as follows: 

§ 38.628. Reimbursement for caskets and 

urns for unclaimed remains of veterans. 

(a) VA will reimburse any individual 

or entity for the actual cost of a casket 

or an urn, purchased by the individual 

or entity for the burial in a national 

cemetery of an eligible veteran who died 

on or after January 10, 2014, for whom 

VA: 

(1) Is unable to identify the veteran’s 

next-of-kin; and 

(2) Determines that sufficient 

resources are otherwise unavailable to 

furnish the casket or urn. 

(b) For purposes of satisfying the 

requirements of paragraph (a) of this 

section, VA will rely entirely on the 

requesting individual’s or entity’s 

certification as required under 

paragraphs (c)(2) and (3) of this section. 

(c) An individual or entity may 

request reimbursement from VA under 

paragraph (a) of this section by 

completing and submitting VA Form 

40–10088, and supporting 

documentation, in accordance with the 

instructions on the form. Prior to 

approving reimbursement VA must find 

all of the following: 

(1) The veteran is eligible for burial in 

a VA national cemetery; 

(2) The individual or entity has 

certified that they cannot identify the 

veteran’s next-of-kin, or that an 

identified next-of-kin is unwilling or 

unable to assume responsibility for the 

deceased veteran’s burial arrangements, 

and that the individual or entity has 

followed applicable state or local law 

relating to the disposition of unclaimed 

remains; 

(3) The individual or entity has 

certified that, to the best of their 

knowledge, sufficient resources are 

otherwise unavailable to furnish the 

casket or urn; 

(4) The invoice presented by the 

individual or entity clearly indicates the 

purchase price of the casket or urn 

purchased by the individual or entity; 

and 

(5) The invoice presented by the 

individual or entity contains 

information sufficient for VA to 

determine, in conjunction with a visual 

inspection, that the casket or urn meets 

the following standards: 

(i) Caskets must be of metal 

construction of at least 20-gauge 

thickness, designed for containing 

human remains, sufficient to contain the 

remains of the deceased veteran, 

include a gasketed seal, and include 

external fixed rails or swing arm 

handles. 

(ii) Urns must be of a durable 

construction, such as durable plastic, 

wood, metal, or ceramic, designed to 

contain cremated human remains, and 

include a secure closure to contain the 

cremated remains. 

(d) Reimbursement for a claim 

received in any calendar year under 

paragraph (a) of this section will not 

exceed the average cost of a 20-gauge 

metal casket or a durable plastic urn 

during the fiscal year preceding the 

calendar year of the claim, as 

determined by VA and published 

annually in the Federal Register. 

(e) If, before July 2, 2014, an 

individual or entity purchased a casket 

or urn for burial in a VA national 

cemetery of the remains of a veteran 

who died after January 10, 2014, and the 

burial receptacle is not at least a 20- 

gauge metal casket or a durable plastic 

urn, VA will reimburse the purchase 

price of the burial receptacle, providing 

all other criteria in this regulation are 

met. The reimbursement amount will be 

subject to the maximum reimbursement 

amount calculated for 2015. 

(Authority: 38 U.S.C. 2306, 2402, 2411) 

(The Office of Management and Budget 

has approved the information collection 

requirements under this section under 

control number 2900–0799.) 

[FR Doc. 2015–08388 Filed 4–10–15; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2014–0701; FRL–9925–93– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; District 

of Columbia; Infrastructure 

Requirements for the 2008 Ozone, 2010 

Nitrogen Dioxide, and 2010 Sulfur 

Dioxide National Ambient Air Quality 

Standards; Approval of Air Pollution 

Emergency Episode Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving portions of 

three State Implementation Plan (SIP) 

revision submittals from the District of 

Columbia (the District) pursuant to the 

Clean Air Act (CAA). Whenever new or 

revised national ambient air quality 

standards (NAAQS) are promulgated, 

the CAA requires states to submit a plan 

for the implementation, maintenance, 

and enforcement of such NAAQS. The 

plan is required to address basic 

program elements, including, but not 

limited to, regulatory structure, 

monitoring, modeling, legal authority, 

and adequate resources necessary to 

assure attainment and maintenance of 

the standards. These elements are 

referred to as infrastructure 

requirements. The District has made 

three separate submittals addressing the 

infrastructure requirements for the 2008 

ozone NAAQS, the 2010 nitrogen 

dioxide (NO2) NAAQS, and the 2010 

sulfur dioxide (SO2) NAAQS. One of the 

submittals also includes the ‘‘Revised 

Air Quality Emergency Plan for the 

District of Columbia’’ for satisfying 

EPA’s requirements for air quality 

emergency episodes. 

DATES: This final rule is effective on 

May 13, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2014–0701. All 

documents in the docket are listed in 

the www.regulations.gov Web site. 

Although listed in the electronic docket, 

some information is not publicly 

available, i.e., confidential business 


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