7402 Federal Register / Vol. 87, No. 27 / Wednesday, February 9, 2022 / Proposed Rules 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order JO 7400.11F, 

Airspace Designations and Reporting 

Points, dated August 10, 2021, and 

effective September 15, 2021, is 

amended as follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

AEA PA E5 Greenville, PA [Amended] 

Greenville Municipal Airport, PA 

(Lat. 41°26′48′′ N, long. 80°23′28′′ W) 

That airspace extending upward from 700 

feet above the surface within a 6.3-mile 

radius of Greenville Municipal Airport. 

Issued in Fort Worth, Texas, on February 

3, 2022. 

Martin A. Skinner, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. 2022–02619 Filed 2–8–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 38 

RIN 2900–AR43 

Requesting Disinterment of an Eligible 

Decedent From a National Cemetery 

AGENCY: Department of Veterans Affairs. 

ACTION: Proposed rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) proposes to amend 

regulations governing disinterment of 

eligible decedents interred in VA 

national cemeteries. The amendment is 

necessary to clarify the requirements 

that must be met before VA can decide 

a disinterment request. Clarification of 

the requirements will help ensure 

consistent administration of 

disinterment requests at all VA national 

cemeteries. 

Current regulations permit 

disinterment only when all living 

immediate family members of the 

decedent, and the person who initiated 

the interment (whether or not such 

person is a member of the immediate 

family), all give their written consent, or 

when VA receives an order from a court 

or State instrumentality of competent 

jurisdiction directing the disinterment. 

We propose to clarify that if the 

individual who initiated the interment 

does not consent, or is not alive to 

provide consent, or all living immediate 

family members are not in agreement, 

anyone seeking disinterment of an 

eligible decedent must obtain an order 

from a court or State instrumentality of 

competent jurisdiction to direct the 

disinterment. This clarification will 

support the regulatory principle that all 

burials in national cemeteries are 

considered permanent and final and 

that a disinterment will be permitted 

only for cogent reasons, preserve the 

intent of the individual who initiated 

the interment, and ensure that a court or 

other appropriate entity rather than VA 

will adjudicate family disputes. 

DATES: Comments must be received by 

VA on or before April 11, 2022. 

ADDRESSES: Comments may be 

submitted through 

www.Regulations.gov. Comments 

should indicate that they are submitted 

in response to ‘‘RIN 2900–AR43— 

Requesting Disinterment of an Eligible 

Decedent from a National Cemetery.’’ 

Comments received will be available at 

www.regulations.gov for public viewing, 

inspection, or copies. 

FOR FURTHER INFORMATION CONTACT: 

Alan Amelinckx, Management and 

Program Analyst, National Cemetery 

Administration, Department of Veterans 

Affairs, 810 Vermont Avenue NW, 

Washington, DC 20420. Email: 

Alan.Amelinckx@va.gov. Telephone: 

202–461–5658 (this is not a toll-free 

number). 

SUPPLEMENTARY INFORMATION: Section 

2400(a) of title 38, United States Code 

(U.S.C.), provides that NCA is 

responsible for the interment of 

deceased servicemembers and veterans. 

The authority to disinter, if appropriate, 

is a necessary and corresponding 

component of VA’s responsibility to 

inter eligible veterans or other eligible 

persons in a national cemetery. 

Interment of an eligible decedent in a 

national cemetery is considered 

permanent and final, and disinterment 

is approved only in limited 

circumstances. 

Currently, VA disinterment request 

and review criteria are codified in 38 

CFR 38.621, which states that 

‘‘[d]isinterment from a national 

cemetery will be approved only when 

all living immediate family members of 

the decedent, and the person who 

initiated the interment (whether or not 

he or she is a member of the immediate 

family), give their written consent, or 

when a court order or State 

instrumentality of competent 

jurisdiction directs the disinterment.’’ 

38 CFR 38.621(a). 

The regulation is not clear whether 

the condition of ‘‘living’’ also extends to 

the person who initiated the interment, 

as it does to immediate family members. 

Therefore, it could be interpreted that if 

the individual who initiated the 

interment is deceased and thus cannot 

provide written consent, VA could 

consider a family’s disinterment request 

without a court order or direction from 

a State instrumentality of competent 

jurisdiction if all living immediate 

family members of the decedent give 

their written consent. 

To eliminate ambiguity, VA proposes 

to clarify in § 38.621(a) and (b) that if 

the individual who initiated the 

interment does not consent, or is not 

alive to provide consent, or all living 

immediate family members are not in 

agreement, anyone seeking disinterment 

of an eligible decedent must seek a court 

order or State instrumentality of 

competent jurisdiction to direct the 

disinterment. This change supports the 

regulatory principle that all burials in 

national cemeteries are considered 

permanent and final and that a 

disinterment will be permitted only for 

cogent reasons, preserves the intent of 

the individual who initiated the 

interment, and ensures a deliberative 

court or administrative process that is 

better suited than VA to adjudicate 

family disputes. 

In addition to revising the regulatory 

text for disinterment requests, VA 

would revise VA Form 40–4970, 

Request for Disinterment, to reflect the 

changes to the regulatory text. VA also 

proposes to add a provision in 

§ 38.621(b)(2) stating: ‘‘If the person 

provides a false certification on VA 

Form 40–4970, he or she may be subject 

to penalties, to include fine or 

imprisonment or both.’’ VA would 

revise VA Form 40–4970 to include 

such a penalty statement. This change is 

necessary because VA Form 40–4970 

does not contain this penalty statement, 

which appears on most other burial and 

memorialization forms. In addition to 

making it consistent with other forms, 

the addition of the penalty statement to 

VA Form 40–4970 would help dissuade 

requestors from submitting the form 

without the required endorsement of the 

individual who initiated the interment 

and all living family members. 

We also note the current version of 38 

CFR 38.621 uses the title ‘‘National 

Cemetery Area Office Director,’’ but 

since 1998, that title has not been used 

and has been replaced by the current 

title ‘‘National Cemetery District 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 87, No. 27 / Wednesday, February 9, 2022 / Proposed Rules 7403 

Executive Director,’’ which would be 

used in the updated regulation. 

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. The Office of 

Information and Regulatory Affairs has 

determined that this rule is not a 

significant regulatory action under 

Executive Order 12866. 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). This 

certification is based on the fact that 

most disinterment requests are 

submitted by families. Although local 

courts and State instrumentalities may 

be involved if family members differ on 

a contemplated disinterment action, 

processing and adjudicating those 

requests for a court-ordered 

disinterment would likely be rare and 

would be conducted as part of that 

entity’s routine operations. VA cannot 

estimate the number of entities that may 

be affected by this proposed rule given 

that each disinterment case is based on 

the unique needs of families. Therefore, 

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

and final regulatory flexibility analysis 

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

not apply. 

Unfunded Mandates 

The Unfunded Mandates Reform Act 

of 1995 requires, at 2 U.S.C. 1532, that 

agencies prepare an assessment of 

anticipated costs and benefits before 

issuing any rule that may result in an 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

(adjusted annually for inflation) in any 

one year. This proposed rule would 

have no such effect on State, local, and 

tribal governments, or on the private 

sector. 

Paperwork Reduction Act 

This proposed rule includes 

provisions that would amend a 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3521) that is currently 

approved by the Office of Management 

and Budget (OMB) under OMB control 

number 2900–0365. Accordingly, under 

44 U.S.C. 3507(d), VA has submitted a 

copy of this rulemaking to OMB for 

review and approval. 

OMB assigns control numbers to 

collections of information it approves. 

VA may not conduct or sponsor, and a 

person is not required to respond to, a 

collection of information unless it 

displays a currently valid OMB control 

number. 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. 

Proposed § 38.621 would require 

revision of the instructions on VA Form 

40–4970 to require an order from a court 

or State instrumentality of competent 

jurisdiction if a living immediate family 

member will not provide consent to the 

disinterment, or if the person who 

initiated the decedent’s burial request 

will not provide consent to the 

disinterment or is deceased and cannot 

provide consent to the disinterment. 

The proposed rule would also revise the 

form to add a penalty statement for false 

certifications on the form. 

The proposed revision to the form 

instructions and addition of a penalty 

statement would not increase or 

decrease the number of respondents 

using VA Form 40–4970. Therefore, 

these proposed revisions would not 

result in any increase or decrease in 

respondents, respondent burden hours, 

or respondent burden costs. 

Comments on the revised collection of 

information contained in this 

rulemaking should be submitted 

through www.regulations.gov. 

Comments should indicate that they are 

submitted in response to ‘‘RIN 2900– 

AR43, Requesting Disinterment of an 

Eligible Decedent from a National 

Cemetery’’ and 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 a revised collection of 

information in— 

• Evaluating whether the revised 

collection of information is 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 revised 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 38.621 is described 

immediately following this paragraph, 

under its respective title. 

Title: Request for Disinterment. 

OMB Control No: 2900–0365. 

CFR Provision: 38 CFR 38.621. 

• Summary of collection of 

information: The revised collection of 

information in proposed 38 CFR 38.621 

would require an individual requesting 

disinterment to obtain consent from all 

living immediate family members of an 

eligible decedent and from the 

individual who originally requested the 

decedent’s burial. If a living immediate 

family member will not provide consent 

to the disinterment, or the individual 

who requested the decedent’s burial 

will not provide consent to the 

disinterment or is deceased and cannot 

provide consent to the disinterment 

request, the requester would be required 

to obtain an order from a court or State 

instrumentality of competent 

jurisdiction to direct disinterment. The 

proposed rule would also revise the 

form to include a penalty statement for 

false certifications. 

• Description of need for information 

and proposed use of information: The 

information will be used by VA to 

determine whether to approve a 

disinterment request. 

• Description of likely respondents: 

Personal representatives and family 

members of eligible Veterans and other 


lotter on DSK11XQN23PROD with PROPOSALS1
7404 Federal Register / Vol. 87, No. 27 / Wednesday, February 9, 2022 / Proposed Rules 

eligible individuals who are interred in 

national cemeteries. 

• Estimated number of respondents: 

1,777 in FY2019. 

• Estimated frequency of responses: 

One time per application as needed by 

families. 

• Estimated average burden per 

response: 10 minutes for respondents. 

• Estimated total annual reporting 

and recordkeeping burden: VA 

estimates the total annual reporting and 

recordkeeping burden to be 296 hours. 

• Estimated cost to respondents per 

year: VA estimates the annual cost to 

respondents to be $8,012 (296 burden 

hours for respondents × (multiplied by) 

$27.07 per hour). 

Assistance Listing 

The Assistance Listing number and 

title for the programs affected by this 

document are 64.201, National 

Cemeteries. 

List of Subjects in 38 CFR part 38 

Administrative practice and 

procedure, Cemeteries, Claims, Crime, 

Veterans. 

Signing Authority 

Denis McDonough, Secretary of 

Veterans Affairs, approved this 

document on February 1, 2022, and 

authorized the undersigned to sign and 

submit the document to the Office of the 

Federal Register for publication 

electronically as an official document of 

the Department of Veterans Affairs. 

Luvenia Potts, 

Regulation Development Coordinator, Office 

of Regulation Policy & Management, Office 

of General Counsel, Department of Veterans 

Affairs. 

For the reasons set forth in the 

preamble, 38 CFR part 38 is proposed to 

be amended as follows: 

PART 38—NATIONAL CEMETERIES 

OF THE DEPARTMENT OF VETERANS 

AFFAIRS 

■ 1. The authority citation for part 38 

continues to read as follows: 

Authority: 38 U.S.C. 107, 501, 512, 2306, 

2400, 2402, 2403, 2404, 2407, 2408, 2411, 

7105. 

■ 2. Revise § 38.621 to read as follows: 

§ 38.621 Disinterments. 

(a) Interments of eligible decedents in 

national cemeteries are considered 

permanent and final. Disinterment will 

be permitted only for cogent reasons 

and with the prior written authorization 

of the National Cemetery District 

Executive Director or Cemetery Director 

responsible for the cemetery involved. 

Disinterment from a national cemetery 

will be approved only when: 

(1) A court order or State 

instrumentality of competent 

jurisdiction directs the disinterment; or 

(2) All living immediate family 

members of the decedent, and the 

individual who initiated the interment 

(whether or not the individual is a 

member of the immediate family), give 

their written consent. 

(i) If the individual who initiated the 

interment does not consent, or is not 

alive to provide consent, or all living 

immediate family members are not in 

agreement, anyone seeking disinterment 

of an eligible decedent must provide VA 

with an order from a court or State 

instrumentality of competent 

jurisdiction to direct the disinterment as 

provided in paragraph (a)(1) of this 

section. 

(ii) For purposes of this section, 

‘‘immediate family members’’ are 

defined as surviving spouse, whether or 

not he or she is or was remarried; all 

adult children of the decedent; the 

appointed guardian(s) of minor 

children; and the appointed guardian(s) 

of the surviving spouse or of the adult 

child(ren) of the decedent. If the 

surviving spouse and all of the children 

of the decedent are deceased, the 

decedent’s parents will be considered 

‘‘immediate family members.’’ 

(b)(1) All requests to disinter remains 

as described in paragraph (a)(2) of this 

section must be submitted on VA Form 

40–4970, Request for Disinterment, and 

must include the following information: 

(i) A full statement of reasons for the 

proposed disinterment. 

(ii) Notarized statement(s) by all 

living immediate family members of the 

decedent, and by the person who 

initiated the interment (whether or not 

the individual is a member of the 

immediate family), that all parties 

consent to the proposed disinterment. 

(iii) A notarized statement by the 

person requesting the disinterment that 

those who supplied affidavits comprise 

all the living immediate family members 

of the deceased and the individual who 

initiated the interment. 

(2) If the person provides a false 

certification on VA Form 40–4970, he or 

she may be subject to penalties, to 

include fine or imprisonment or both. 

(c) Any VA-approved disinterment in 

this section must be accomplished 

without expense to the Government. 

(The reporting and recordkeeping 

requirements contained in paragraph (b) 

of this section have been approved by 

the Office of Management and Budget 

under OMB control number 2900–0365) 

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

[FR Doc. 2022–02682 Filed 2–8–22; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2021–0010; FRL–9539–01– 

R4] 

Air Plan Approval; Alabama; 

Birmingham Limited Maintenance Plan 

for the 1997 8-Hour Ozone NAAQS 

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 State of Alabama, 

through the Alabama Department of 

Environmental Management (ADEM), 

via a letter dated September 15, 2020. 

The SIP revision includes the 1997 8- 

hour ozone national ambient air quality 

standards (NAAQS) Limited 

Maintenance Plan (LMP) for the 

Birmingham, Alabama Area (hereinafter 

referred to as the ‘‘Birmingham Area’’ or 

‘‘Area’’). The Birmingham Area is 

comprised of Jefferson and Shelby 

Counties. EPA is proposing to approve 

the Birmingham Area LMP because it 

provides for the maintenance of the 

1997 8-hour ozone NAAQS within the 

Birmingham Area through the end of the 

second 10-year portion of the 

maintenance period. The effect of this 

action would be to make certain 

commitments related to maintenance of 

the 1997 8-hour ozone NAAQS in the 

Birmingham Area federally enforceable 

as part of the Alabama SIP. 

DATES: Comments must be received on 

or before March 11, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2021–0010 at http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

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 


lotter on DSK11XQN23PROD with PROPOSALS1