27598 Federal Register / Vol. 66, No. 97 / Friday, May 18, 2001 / Rules and Regulations

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 1

RIN 2900–AK56

U.S. Flags for Burials of Certain

Members of the Selected Reserve

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document amends

Department of Veterans Affairs (VA)

adjudication regulations to reflect

changes made by The Strom Thurmond

National Defense Authorization Act of

Fiscal Year 1999. These changes

concern issuance of United States flags

for burials of certain members of the

Selected Reserve.

DATES: Effective Dates: The amendment

is effective October 17, 1998.

FOR FURTHER INFORMATION CONTACT:

Diane Fuller, Assistant Director,

Compensation and Pension Service

(216), Veterans Benefits Administration,

810 Vermont Avenue, NW.,

Washington, DC 20420, telephone (202)

273–7210.

SUPPLEMENTARY INFORMATION: On

October 17, 1998, the President signed

into law the Strom Thurmond National

Defense Authorization Act of Fiscal

Year 1999, Public Law 105–261 (the

Act). One provision of the Act directly

affects issuance of United States flags

for burial purposes by the Department of

Veterans Affairs. The provision requires

VA to issue United States flags for

burials of certain members of the

Selective Reserve, when VA receives a

claim for such a flag.

This regulatory amendment reflects

that provision by stating that VA will

provide a burial flag, upon receipt of a

claim, upon the death of any deceased

member or former member of the

Selected Reserve (as described in

section 10143 of title 10) who is not

otherwise eligible for a flag under this

section or section 1482(a) of title 10 and

(1) who completed at least one

enlistment as a member of the Selected

Reserve or, in the case of an officer,

completed the period of initial obligated

service as a member of the Selected

Reserve; or (2) who was discharged

before completion of the person’s initial

enlistment as a member of the Selected

Reserve or, in the case of an officer,

period of initial obligated service as a

member of the Selected Reserve, for a

disability incurred or aggravated in the

line of duty; or (3) who died while a

member of the Selected Reserve.

(Authority: 38 U.S.C. 2301(a)(1))

Changes made by this final rule

merely reflect the statutory

requirements in Pub. L. 105–261.

Accordingly, there is a basis for

dispensing with prior notice and

comment and delayed effective date

provisions of 5 U.S.C. 552 and 553.

The Secretary hereby certifies that

this regulatory amendment will not

have a significant economic impact on

a substantial number of small entities as

they are defined in the Regulatory

Flexibility Act (RFA), 5 U.S.C. 601–612.

These amendments would not directly

affect any small entities. Only VA

beneficiaries could be directly affected.

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

these amendments are exempt from the

initial and final regulatory flexibility

analysis requirements of sections 603

and 604.

The Catalog of Federal Domestic

Assistance program number is 64.101.

List of Subjects in 38 CFR Part 1

Administrative practice and

procedure, Archives and records,

Cemeteries, Claims, Courts, Flags,

Freedom of information, Government

contracts, Government employees,

Government property, Infants and

children, Inventions and patents,

Investigations, Parking, Penalties, Postal

Service, Privacy, Reporting and

recordkeeping requirements, Seals and

insignia, Security measures, and Wages.

Approved: May 3, 2001.

Anthony J. Principi,

Secretary of Veterans Affairs.

For the reasons set forth in the

preamble, 38 CFR part 1 is amended as

follows:

PART 1—GENERAL PROVISIONS

1. The authority citation for part 1

continues to read as follows:

Authority: 38 U.S.C. 501(a), unless

otherwise noted.

2. Section 1.10 is amended by adding

paragraph (a)(1)(v) immediately

following the authority citation at the

end of paragraph (a)(1)(iv) to read as

follows:

§ 1.10 Eligibility for and disposition of the

United States flag for burial purposes.

(a) * * *

(1) * * *

(v) Any deceased member or former

member of the Selected Reserve (as

described in section 10143 of title 10)

who is not otherwise eligible for a flag

under this section or section 1482(a) of

title 10 and who:

(A) Completed at least one enlistment

as a member of the Selected Reserve or,

in the case of an officer, completed the

period of initial obligated service as a

member of the Selected Reserve;

(B) Was discharged before completion

of the person’s initial enlistment as a

member of the Selected Reserve or, in

the case of an officer, period of initial

obligated service as a member of the

Selected Reserve, for a disability

incurred or aggravated in the line of

duty; or

(C) Died while a member of the

Selected Reserve.

(Authority: 38 U.S.C. 2301(f)(1))

[FR Doc. 01–12525 Filed 5–17–01; 8:45 am]

BILLING CODE 8320–01–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Health Care Financing Administration

42 CFR Parts 416, 482, and 485

RIN 0938–AK08

Medicare and Medicaid Programs:

Hospital Conditions of Participation:

Anesthesia Services: Delay of Effective

Date

AGENCY: Health Care Financing

Administration, (HCFA), Department of

Health and Human Services (DHHS).

ACTION: Final Rule; Delay of Effective

Date.

SUMMARY: To give the Department an

opportunity to obtain comment on

modifications to the rule entitled

Medicare and Medicaid Programs:

Hospital Conditions of Participation:

Anesthesia Services, the Department is

delaying until November 14, 2001 the

effective date of the rule, which was

published in the Federal Register on

January 18, 2001, 66 F.R. 4674, pending

the Department’s action on a

forthcoming notice of proposed

rulemaking. The rule’s effective date

was previously delayed by 60 days on

March 19, 2001, in accordance with the

memorandum of January 20, 2001, from

the Assistant to the President and Chief

of Staff, entitled A Regulatory Review

Plan, published in the Federal Register

on January 24, 2001. See 66 F.R. 15352.

DATES: The final rule, Medicare and

Medicaid Programs; Hospital Conditions

of Participation; Anesthesia Services,

published in the Federal Register on

January 18, 2001, at 66 FR 4674 and

delayed on March 19, 2001 at 66 FR

15352 until May 18, 2001 is further

delayed until November 14, 2001.

FOR FURTHER INFORMATION CONTACT:

Stephanie Dyson, Health Care Financing

Administration, (410) 786–9226.