Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Proposed Rules 57017 

Equipment Repair and Maintenance, 

8129—Other Personal Services. The 

Census Bureau report and associated 

data are available at http://www.sba.gov/ 

tools/resourcelibrary/ 

lawsandregulations/index.html. In order 

to protect firm confidentiality, revenues 

at the 4-digit NAICS level are disclosed 

only in ranges. 

Request for Comments 

In light of the foregoing, input from 

the public is required prior to using a 

data set to identify the eligible 

industries. In providing comments, 

please specify which of the following 

issues you are addressing (e.g., 

‘‘Response to issue 1.’’). Please be 

industry specific. Comments should be 

as precise as possible. SBA is 

specifically requesting comments 

addressing the following: (1) The 

impact, if any, the limitation in the CCR 

data has on the disparity ratio in 

specific industries; (2) the impact, if 

any, the limitation in the non-public 

SBO data has on the disparity ratio in 

specific industries; (3) other data that 

can be utilized to measure the 

availability of WOSBs (i.e., gross 

receipts for WOSBs relative to gross 

receipts for all firms) in the various 

NAICS codes at the 4-digit level; (4) the 

availability of this other data, 

advantages and disadvantages of the use 

of such data, and the reliability of such 

data (responses should be as specific as 

possible about the improvements other 

data sets could offer over the CCR or 

SBO data, judging by the standards laid 

out in the RAND report and NAS study); 

(5) reasons, for the purpose of 

calculating WOSB revenue and all 

firms’ revenue in a given industry, the 

limitation in the CCR data may 

outweigh the limitation in the nonpublic SBO data that is described in this 

Notice; and (6) whether, for the 

availability component of the disparity 

ratio, SBA should use the CCR data from 

the RAND report, the public SBO data 

from the RAND report, the non-public 

SBO data described in this Notice, or 

some other specified data set. 

Authority: 15 U.S.C. 637(m). 

Dated: September 26, 2008. 

Calvin Jenkins, 

Deputy Associate Administrator for 

Government Contracting and Business 

Development. 

[FR Doc. E8–23139 Filed 9–26–08; 4:15 pm] 

BILLING CODE 8025–01–P 

DEPARTMENT OF DEFENSE 

Department of the Army 

32 CFR Part 553 

[Docket No. USA–2008–0012] 

RIN 0702–AA60 

Army National Cemeteries 

AGENCY: Department of the Army, DOD. 

ACTION: Proposed rule; availability of 

supplemental information; request for 

comments. 

SUMMARY: The Department of the Army 

proposes to revise its regulation 

concerning Arlington National 

Cemetery. Army Regulation 290–5 states 

the authority and assigns the 

responsibilities for the development, 

operation, maintenance, and 

administration of the Arlington and the 

U.S. Soldiers’ and Airmen’s Home 

National Cemeteries. These cemeteries 

are under the jurisdiction of the 

Department of the Army and are civil 

works activities. The regulation further 

prescribes policies and procedures on 

eligibility for interment, inurnment, and 

memorialization; disinterments and 

disinurnments; transinterments and 

transinurnments; the Arlington 

Memorial Amphitheater; solicitations; 

headstones, niche covers and memorial 

markers; memorial and commemorative 

monuments, tributes to commemorate 

individuals, events, units, groups, and/ 

or organizations; and visitors, media 

and videographer rules. 

DATES: Consideration will be given to all 

comments received by December 1, 

2008. 

ADDRESSES: You may submit comments, 

identified by 32 CFR Part 553, Docket 

No. USA–2008–0012 and or by RIN 

0702-AA60 by any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Federal Docket Management 

System Office, 1160 Defense Pentagon, 

Washington, DC 20301–1160. 

Instructions: All submissions received 

must include the agency name and 

docket number or Regulatory 

Information Number (RIN) for this 

Federal Register document. The general 

policy for comments and other 

submissions from members of the public 

is to make these submissions available 

for public viewing on the Internet at 

http://www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: Mr. 

John Metzler, Jr., (703) 607–8545. 

SUPPLEMENTARY INFORMATION: 

A. Background 

This proposed rule makes numerous 

administrative changes throughout the 

document to reflect the changes to the 

forthcoming update to Army Regulation 

290–5. The Administrative Procedure 

Act, as amended by the Freedom of 

Information Act, requires that certain 

policies and procedures and other 

information concerning the Department 

of the Army be published in the Federal 

Register. The policies and procedures 

covered by this part fall into that 

category. 

B. Regulatory Flexibility Act 

The Department of the Army has 

determined that the Regulatory 

Flexibility Act does not apply because 

the proposed rule does not have a 

significant economic impact on a 

substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act, 5 U.S.C. 601–612. 

C. Unfunded Mandates Reform Act 

The Department of the Army has 

determined that the Unfunded 

Mandates Reform Act does not apply 

because the proposed rule does not 

include a mandate that may result in 

estimated costs to State, local or tribal 

governments in the aggregate, or the 

private sector, of $100 million or more. 

D. National Environmental Policy Act 

Environmental analysis of this 

regulation under the National 

Environmental Policy Act is not 

required as this regulation reflects 

ongoing activities and changes made to 

the regulation and does not constitute a 

new use of the property. 

E. Paperwork Reduction Act 

The Department of the Army has 

determined that the Paperwork 

Reduction Act does not apply because 

the proposed rule does not involve 

collection of information from the 

public. 

F. Executive Order 12530 (Government 

Actions and Interference With 

Constitutionally Protected Property 

Rights) 

The Department of the Army has 

determined that Executive Order 12630 

does not apply because the proposed 

rule does not impair private property 

rights. 


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G. Executive Order 12866 (Regulatory 

Planning and Review) 

It has been determined that the 

changes to 32 CFR Part 553 are not 

considered a ‘‘significant regulatory 

action.’’ The rule does not: 

(1) Have an annual affect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy, a sector in 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 the 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. 

H. Executive Order 13045 (Protection of 

Children From Environmental Health 

Risk and Safety Risks) 

The Department of the Army has 

determined that according to the criteria 

defined in Executive Order 13045 this 

proposed rule does not apply. 

I. Executive Order 13132 (Federalism) 

The Department of the Army has 

determined that according to the criteria 

defined in Executive Order 13132 this 

proposed rule does not apply because it 

will not have a substantial effect on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. 

Dated: September 24, 2008. 

John C. Metzler, Jr., 

Superintendent, Arlington National 

Cemetery. 

List of Subjects in 32 CFR Part 553 

Cemeteries, District of Columbia, 

Government property, Interments, 

Inurnments, Memorialization, Veterans, 

Visitor rules. 

For reasons stated in the preamble, 

the Department of the Army proposes to 

revise 32 CFR part 553 to read as 

follows: 

PART 553—ARMY NATIONAL 

CEMETERIES 

Sec. 

553.1 Definitions. 

553.2 Purpose. 

553.3 Statutory authority. 

553.4 Scope and applicability. 

553.5 Responsibilities. 

553.6 Federal jurisdiction. 

553.7 Power of arrest. 

553.8 Standards for managing Army 

National Cemeteries. 

553.9 Arlington Memorial Amphitheater. 

553.10 Accountability and procurement of 

property, supplies, equipment, and 

services. 

553.11 Permission to install poles, lines, 

and water and sewer pipes. 

553.12 Gifts. 

553.13 Solicitations. 

553.14 Authority for interments, 

inurnments, and memorial sections. 

553.15 Plans for gravesites, memorial areas, 

and niches. 

553.16 Assignment of gravesites or niches. 

553.17 Proof of eligibility. 

553.18 Eligibility for interment in Arlington 

National Cemetery. 

553.19 Eligibility for group burial in 

Arlington National Cemetery. 

553.20 Eligibility for memorialization in an 

Arlington National Cemetery Memorial 

Area. 

553.21 Eligibility for interment of cremated 

remains in the Arlington National 

Cemetery Unmarked Area. 

553.22 Eligibility for inurnment in 

Arlington National Cemetery. 

553.23 Arlington National Cemetery 

interment/inurnment agreement. 

553.24 Eligibility for burial in United States 

Soldiers’ and Airmen’s Home National 

Cemetery. 

553.25 Persons ineligible for interment, 

inurnment, or memorialization in 

Arlington National Cemetery or United 

States Soldiers’ and Airmen’s Home 

National Cemetery. 

553.26 Prohibition of interment, inurnment, 

or memorialization of persons who have 

committed certain crimes. 

553.27 Findings concerning a commission 

of certain crimes where a person has not 

been convicted due to death or flight to 

avoid prosecution. 

553.28 Exceptions to policies for interment 

or inurnment at Arlington National 

Cemetery. 

553.29 Cremated remains and interment or 

inurnment at Arlington National 

Cemetery. 

553.30 Subsequent remains. 

553.31 Disinterments and disinurnments of 

remains. 

553.32 Transinterments or transinurnments 

of remains. 

553.33 Design of government headstones, 

niche covers, and memorial markers. 

553.34 Inscriptions on government 

headstones, niche covers, and memorial 

markers. 

553.35 Headstones and markers at private 

expense. 

553.36 Permission to construct private 

headstones. 

553.37 Inscriptions on private headstones. 

553.38 Memorial and commemorative 

monuments (other than private 

headstones or markers). 

553.39 Tributes in Arlington National 

Cemetery to commemorate individuals, 

events, units, groups, and/or 

organizations. 

553.40 Requests to conduct memorial 

services and ceremonies. 

553.41 Conduct of memorial services and 

ceremonies. 

553.42 Visitors rules for Arlington National 

Cemetery. 

553.43 Soliciting and vending. 

553.44 Media. 

553.45 Videography. 

553.46 Penalties. 

Authority: 24 U.S.C., Chapter 7; 24 U.S.C. 

295a; 38 U.S.C. 2409; 38 U.S.C. 2410; 10 

U.S.C. 936(a)(6); 32 U.S.C.; 24 U.S.C. 412; 18 

U.S.C. 1751; 38 U.S.C. 2411; 38 U.S.C.; 38 

U.S.C., Chapter 24, and 18 U.S.C., Chapter 

67. 

§ 553.1 Definitions. 

For purposes of 32 CFR Part 553 only, 

the following terms are defined. 

Active duty. Full-time duty in the 

active military service of the United 

States. 

(1) This includes active Guard and 

Reserve duty performed pursuant to 

Title 10 of the U.S. Code. 

(2) This does not include full-time 

duty performed under Title 32 of the 

U.S. Code. 

(3) This does not include full-time 

training, annual training, or inactive 

duty training for members of Reserve 

components. 

(4) This does include service as a 

cadet currently on the rolls at the U.S. 

Military, Air Force or Coast Guard 

Academies, or as a midshipman at the 

U.S. Naval Academy. 

Active duty for special work. A tour 

of active duty for Reserve personnel 

authorized from military or Reserve 

personnel appropriations for work on 

Active component or Reserve 

component programs (active duty for 

special work—Active component 

funded or active duty for special work— 

Reserve component funded). The 

purpose of active duty for special work 

is to provide the necessary skilled 

manpower assets to support existing or 

emerging requirements. Training may 

occur in the conduct of active duty for 

special work. Authorization of active 

duty for special work must be managed 

in accordance with Directives 

established by the Secretary concerned. 

Active duty for training. A category of 

active duty used to provide structured 

individual and/or unit training, or 

educational courses to Reserve 

component members. Included in the 

active duty for training category are 

annual training, initial active duty 

training and other training duty. Active 

duty for training may support Active 

component missions and requirements; 

e.g., operational support. 

Armed Forces. The United States 

Army, Navy, Air Force, Marine Corps, 

Coast Guard, and their Reserve 

Components. Reserve Components of 

the Armed Forces are: the Army 


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National Guard, the Army Reserve, the 

Naval Reserve, the Marine Corps 

Reserve, the Air National Guard, the Air 

Force Reserve, and the Coast Guard 

Reserve. 

Close relative. Includes the spouse, 

parents, adult brothers and sisters, and 

adult natural children, adult 

stepchildren, and adult adopted 

children of a decedent. 

Commemorative monuments. 

Monuments that are dedicated to events 

in history, individuals or units of the 

armed forces that do not contain 

remains or that mark the location of 

remains in close proximity. 

Disinterment. The removal of remains 

from a gravesite. 

Decedent’s representative. The person 

authorized to direct disposition of 

human remains or other authorized 

family representative with legal 

disposition authority in accordance 

with the laws of the State (or territory, 

possession, or country) of the decedent’s 

legal residence. 

Disinurnment. The removal of 

cremated remains from a niche. 

Federal capital crime. An offense 

under Federal law for which a life 

sentence or the death penalty may be 

imposed. 

Former prisoner of war. A person 

who, while serving in the active 

military, naval, or air service, was 

forcibly detained or interned in line of 

duty by an enemy government or its 

agents, or a hostile force, during a 

period of war; or by a foreign 

government or its agents, or a hostile 

force, under circumstances which the 

Secretary of Veterans Affairs finds to 

have been comparable to the 

circumstances under which persons 

have generally been forcibly detained or 

interned by enemy governments during 

periods of war. 

Gravesite. An excavation made in the 

earth to receive a dead body or cremated 

remains in burial. 

Group burial. When one or more 

eligible service member(s) on active 

duty are killed in the same incident or 

location and their remains cannot be 

individually identified and are interred 

in one grave. The group remains may 

contain remains of civilians and foreign 

nationals. 

Initial active duty training. Training 

that provides basic military training and 

technical skill training required for all 

enlisted accessions. 

Interment. The act of ground burial of 

casketed or cremated human remains. 

Inurnment. The placement of an urn 

containing cremated remains in a niche. 

Memorial marker. A headstone used 

to memorialize a service member or 

veteran whose remains are unavailable 

for reasons listed in § 553.20. 

Memorial monuments. Monuments 

that contain remains or mark the 

location of remains in close proximity. 

Memorial service or ceremony. Any 

formal group activity conducted within 

Arlington National Cemetery intended 

to honor the memory of a person or 

persons interred, inurned, or 

memorialized in Arlington National 

Cemetery. This term includes ‘‘private 

memorial services,’’ ‘‘public memorial 

services,’’ ‘‘public wreath laying 

ceremonies’’ and ‘‘official ceremonies.’’ 

Minor child. An unmarried natural 

child, stepchild, or adopted child of an 

eligible service-connected parent, when 

the child 

(1) Has no dependents of his/her own; 

and 

(2) Is less than 21 years old or is less 

than 23 years old and is taking a 

fulltime course or study at an approved 

institution. 

Missions (Class I). (1) Class I missions 

as provided in State Department 

memorandum dated March 21, 1988: 

Ankara, Turkey; Athens, Greece; 

Bangkok, Thailand; Beijing, China; 

Bonn, Federal Republic of Germany; 

Brasilia, Brazil; Canberra, Australia; 

Cairo, Egypt (Arab Republic of); 

Islamabad, Pakistan; Jakarta, Indonesia; 

London, England (United Kingdom); 

Madrid, Spain; Manila, Philippines; 

Mexico, D.F., Mexico; Moscow, 

U.S.S.R.; Nairobi, Kenya; New Delhi, 

India; Ottawa, Canada; Paris, France; 

Pretoria, South Africa; Rome, Italy; 

Riyadh, Saudi Arabia (formerly Jeddah); 

Seoul, Korea; Tokyo, Japan. 

(2) Other Missions: U.S. Mission to 

the Organization of American States, 

Washington, DC.; U.S. Mission to the 

North Atlantic Treaty Organization (U.S. 

NATO), Brussels, Belgium; U.S. Mission 

to the United Nations, New York, NY. 

Niche. A space in a columbarium 

reserved for the placement of cremated 

remains. 

Official ceremony. A memorial service 

or ceremony approved by the 

Superintendent, Arlington National 

Cemetery, in which the primary 

participants are representatives of the 

United States Government, a state 

government, a foreign government, or an 

international organization who are 

authorized to participate in an official 

capacity. 

Partisan activities. Partisan activities 

include: 

(1) Commentary in support of, or in 

opposition to, or attempts to influence, 

any current policy of the United States 

Armed Forces, the Government of the 

United States, or any state of the United 

States; 

(2) Epousing the cause of a political 

party; or 

(3) Having a primary purpose to gain 

publicity or engender support for any 

group or cause. 

Permanently dependent child. An 

unmarried natural child, stepchild, or 

adopted child of the eligible serviceconnected parent, when the child: 

(1) Has no dependents of his/her own, 

and 

(2) Is permanently dependent on one 

or both of his/her parents because of a 

physical or mental disability incurred 

before age 21 that renders the child 

incapable of self-support. 

Person authorized to direct 

disposition. The person primarily 

entitled to direct disposition of remains 

and who elects to exercise that 

entitlement. Determination of such 

entitlement shall be made in accordance 

with 10 U.S.C. 1482 and Department of 

Defense Instruction 1300.22, Mortuary 

Affairs Policy. 

Personal representative. A person 

who manages the legal affairs of 

another, such as a power of attorney or 

executor. 

Primary eligible. The veteran of the 

United States Armed Forces whose last 

period of service ended honorably and 

entitles him or her to interment or 

inurnment in Arlington National 

Cemetery. 

Primary next of kin. The person most 

closely related to the decedent is 

considered the primary next of kin. This 

is normally the spouse for married 

persons and the parents for unmarried 

service members/individuals. The 

precedence of next of kin with equal 

relationships to the casualty is governed 

by seniority (age). Equal relationship 

situations include divorced parents, 

children and siblings. Minor children’s 

rights are exercised by their parents or 

legal guardian. The adult next of kin is 

usually the first person highest in the 

line of succession who has reached the 

age of eighteen. Even if a minor, the 

spouse is always considered the primary 

next of kin. The following order of 

precedence is used to identify the 

primary next of kin: 

(1) Spouse. 

(2) Natural, adopted, step and 

illegitimate children. 

(3) Parents. 

(4) Persons standing in loco parentis. 

(5) Persons granted legal custody of 

the individual by a court decree of 

statutory provision. 

(6) Brothers or sisters, to include halfblood and those acquired through 

adoption. 

(7) Grandparents. 

(8) Other relatives in order of 

relationship to the individual according 

to civil laws. 


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(9) If no other persons are available, 

the Secretary of the Military Department 

may be deemed to act on behalf of the 

individual. 

Private memorial service. A memorial 

service or ceremony conducted at a 

private gravesite within Arlington 

National Cemetery by a group of 

relatives and/or acquaintances of the 

person interred or to be interred at that 

gravesite. Private memorial services may 

be closed to the media and public. 

Public memorial service. A ceremony 

conducted by members of the public at 

the Arlington National Cemetery 

Amphitheater, the Confederate 

Memorial, the Mast of the Maine, the 

John F. Kennedy Grave, or a historic 

shrine or a gravesite within Arlington 

National Cemetery. All public memorial 

services are open to the public. 

Public wreath-laying ceremony. 

Ceremony in which members of the 

public, assisted by the Tomb Guards, 

present a wreath or similar memento at 

the Tomb of the Unknowns. 

Section. A subdivision of the 

cemetery containing graves, memorials, 

and columbariums. Each section is 

bordered by roadways, walls, and/or 

other sections. 

Spouse. A person of the opposite sex 

who is a husband or a wife resulting 

from a lawful marriage. 

State capital crime. Under state law, 

the willful, deliberate, or premeditated 

unlawful killing of another human being 

for which a life sentence or the death 

penalty may be imposed. 

Subversive activity. The offenses 

involving subversive activity are those 

defined in the following provisions of: 

(1) Title 18, U.S. Code: Sections 792 

(Harboring or Concealing Persons), 793 

(Gathering, Transmitting, or Losing 

Defense Information) (excluding 

Subsection (f)), 794 (Gathering or 

Delivering Defense Information to Aid 

Foreign Government), 798 (Disclosure of 

Classified Information); 2381 (Treason), 

2382 (Misprison of Treason), 2383 

(Rebellion or Insurrection), 2384 

(Seditious Conspiracy), 2385 

(Advocating Overthrow of Government), 

2387 (Activities Affecting Armed Forces 

Generally), 2388 (Activities Affecting 

Armed Forces During War), 2389 

(Recruiting for Service Against United 

States), 2390 (Enlistment to Service 

Against United States); and Chapter 105 

(Sabotage). 

(2) Sections 222, 223, 224, 225 and 

226 of the Atomic Energy Act of 1954, 

(42 U.S.C. 2272 (Violation of Specific 

Sections), 2273 (Violation of Sections), 

2274 (Communication of Restricted 

Data), 2275 (Receipt of Restricted Data) 

and 2276 (Tampering with Restricted 

Data)). 

(3) Section 4 of the Internal Security 

Act of 1950—(50 U.S.C. 783— 

Communication of Classified 

Information by Government employees). 

(4) Title 10, U.S. Code: Sections 894, 

904 and 906 (Mutiny or Sedition, 

Aiding the Enemy, and Spies). 

Symbolic container. An object such as 

a casket, urn, box, jar, or bottle that is 

used to only hold a material object such 

as soil, photos, hair, clothing or other 

items of remembrance representing a 

decedent by association, resemblance, 

or convention, especially a material 

object used to represent something 

intangible. A symbolic container does 

not include containers that hold any 

portion of human remains for burial or 

inurnment purposes. 

Transinterment or transinurnment. A 

transinterment or transinurnment 

involves the removal of remains from an 

Arlington National Cemetery gravesite 

or niche for the purpose of reburial or 

reinurnment in Arlington National 

Cemetery. Transinterment or 

transinurnment ordinarily occur for 

reasons related to the administration, 

operation, or maintenance of Arlington 

National Cemetery. 

Unmarried adult child. A natural 

child, stepchild, or adopted child of the 

primary eligible service-connected 

parent, when the child: 

(1) Has no dependents of his/her own 

at the time of death; 

(2) Is not married at death; and 

(3) Is 21 years of age or older. 

§ 553.2 Purpose. 

The following specifies the authority 

and assigns the responsibilities for the 

development, maintenance, 

administration, and operation of 

Arlington National Cemetery and the 

U.S. Soldiers’ and Airmen’s Home 

National Cemetery. These cemeteries are 

under the jurisdiction of the Department 

of the Army and are civil works 

activities. 

§ 553.3 Statutory authority. 

(a) 24 U.S.C., Chapter 7, entitled 

‘‘National Cemeteries,’’ provides basic 

statutory authority with regard to 

National Cemeteries. Several sections of 

Title 24 of the United States Code were 

repealed by Section 7(a) of the National 

Cemeteries Act of 1973 (Pub. L. 93–43, 

87 Stat. 82). Section 7(b), however, 

provided that nothing in Section 7(a) 

affected the functions, powers, and 

duties of the Secretary of the Army with 

respect to those cemeteries, memorials, 

or monuments under his jurisdiction. 

As a result, the Secretary of the Army 

retains the authority reflected in those 

provisions enumerated in Section 7(a). 

(b) The Secretary of the Army reserves 

the authority to act on requests for 

exceptions to the provisions of the 

interment, inurnment, and 

memorialization eligibility policies of 

Army Regulation 290–5. 

§ 553.4 Scope and applicability. 

(a) Scope. The development, 

maintenance, administration, and 

operation of Arlington National 

Cemetery and the U.S. Soldiers’ and 

Airmen’s Home National Cemetery are 

governed by this Part, Army Regulation 

290–5, and Department of Army 

Pamphlet 290–5. Army Regulation 210– 

190 assigns responsibilities for the 

development, maintenance, 

administration, and operation of Army 

post cemeteries. 

(b) Applicability. These provisions are 

applicable to those persons on Arlington 

National Cemetery grounds and those 

persons involved in Arlington National 

Cemetery matters. 

§ 553.5 Responsibilities. 

In accordance and consistent with 

General Orders Number 13, dated 

October 29, 2004, and Army Regulation 

290–5, the responsibilities of 

Headquarters, Department of the Army, 

are: 

(a) The Assistant Secretary of the 

Army (Civil Works) will formulate and 

oversee the program and budget for the 

Army National Cemeteries, including 

proposals for placement of memorials 

and headstones. 

(b) The Assistant Secretary of the 

Army (Manpower and Reserve Affairs) 

will formulate and oversee interment, 

inurnment, and memorialization 

policies for the Army National 

Cemeteries. 

(c) The Chief of Public Affairs will 

formulate and oversee the public affairs 

policy for the Army National 

Cemeteries. 

(d) The Commander, Military District 

of Washington, will 

(1) Coordinate all official ceremonies 

at Arlington National Cemetery and 

State funerals, with the Superintendent, 

Arlington National Cemetery. 

(2) Provide Army military honors for 

private memorial services and Army 

ceremonial support for the Army 

National Cemeteries, including the 

honor guard at the Tomb of the 

Unknowns. 

(e) The Superintendent, Arlington 

National Cemetery, will 

(1) Oversee day-to-day execution of 

the Army National Cemeteries Program 

in accordance with applicable law and 

policy, including the administration, 

operation, and maintenance of the Army 

National Cemeteries. 


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(2) Be responsible for private 

ceremonies at the Army National 

Cemeteries, including funerals and 

memorial services for interment and 

inurnment, public wreath laying 

ceremonies, and public ceremonies, 

other than those official public 

ceremonies assigned to the Commander, 

Military District of Washington. 

(3) Coordinate on all official 

ceremonies at Arlington National 

Cemetery, including public wreath 

laying ceremonies and State funerals. 

(f) The Chief of Engineers will provide 

technical assistance on a reimbursable 

basis to the Army National Cemeteries. 

Technical assistance includes, but is not 

limited to, planning, engineering, 

construction management, real estate, 

environmental, and cultural resources. 

§ 553.6 Federal jurisdiction. 

Where the State legislature has given 

consent of that State to purchase land 

which now comprises an Army National 

Cemetery, the jurisdiction and power of 

legislation of the United States over 

Army National Cemeteries will, in all 

courts and places, be held to be the 

same as is granted by Article 1, Section 

8, of the Constitution of the United 

States. 

§ 553.7 Power of arrest. 

(a) The Superintendents of Arlington 

National Cemetery and U.S. Soldiers’ 

and Airmen’s Home National Cemetery 

are authorized to arrest any person who 

willfully does any of the following 

within the limits of Arlington National 

Cemetery or U.S. Soldiers’ and Airmen’s 

Home National Cemetery, respectively: 

(1) Destroys, mutilates, defaces, 

damages, or removes any monument, 

gravestone, or other structure. 

(2) Destroys, cuts, breaks, injures, or 

removes any tree, shrub, or plant. 

(b) The authority to arrest is based on 

24 U.S.C. 286. Although Section 7(a) of 

Public Law 93–43, 87 Stat. 82, repealed 

24 U.S.C. 286 inter alia, with respect to 

certain national cemeteries, Section 7(b) 

provided that nothing in 7(a) affected 

the functions, powers, and duties of the 

Secretary of the Army with respect to 

those cemeteries, memorials, or 

monuments under his jurisdiction. As a 

result, the Superintendents, acting on 

behalf of the Secretary of the Army, 

retain the authority to arrest persons for 

the above acts. 

§ 553.8 Standards for managing Army 

National Cemeteries. 

The following standards will be used 

to develop, operate, maintain, 

administer, and support Army National 

Cemeteries. These standards will also be 

considered in developing the annual 

budget. 

(a) Army National Cemeteries are 

permanent shrines for honoring 

deceased members of the United States 

Armed Forces. The standards for 

constructing, maintaining, and 

operating these cemeteries will be 

commensurate with the high purpose to 

which these facilities are dedicated. 

(b) Structures and facilities provided 

for these cemeteries will be of a scope, 

dignity, and aesthetic design suited to 

the purpose for which they are 

intended. 

(c) Army National Cemeteries will be 

enclosed by a substantial stone or iron 

fence with gates. 

(d) Army National Cemeteries will be 

beautified by landscaping and by 

special features based on historical 

aspects, location, or other relevant 

factors. 

(e) Accommodations and services 

provided to the next of kin for the 

honored dead and to the general public 

will be of high quality. 

§ 553.9 Arlington Memorial Amphitheater. 

(a) In accordance with 24 U.S.C. 295a: 

(1) In January of each year, the 

Secretary of Defense or his/her designee 

may send recommendations to Congress 

on memorials to be erected and the 

remains of deceased members of the 

United States Armed Forces to be 

entombed in the Arlington Memorial 

Amphitheater in Arlington National 

Cemetery. 

(2) No memorial may be erected and 

no remains may be entombed in the 

Arlington Memorial Amphitheater 

unless authorized by Congress. 

(3) The character, design, or location 

of any memorial authorized by Congress 

for placement in the Amphitheater is 

subject to the approval of the Secretary 

of Defense or his/her designee. 

(b) Any request regarding inscriptions 

or memorials within the Arlington 

Memorial Amphitheater will be referred 

to the Superintendent, Arlington 

National Cemetery, for processing. The 

Superintendent will seek the advice of 

the Commission of Fine Arts in such 

matters, in accordance with 40 U.S.C. 

9102. 

(c) Tributes donated for placement in 

the Unknowns Memorial Display Room 

in the Amphitheater are not memorials 

as contemplated under this section. 

Tributes are covered under § 553.38. 

§ 553.10 Accountability and procurement 

of property, supplies, equipment, and 

services. 

(a) Army National Cemetery property, 

supplies, equipment, and services will 

be procured and accounted for as 

outlined in Department of Army 

Pamphlet 290–5. These items will also 

be procured as stated in the Federal 

Acquisition Regulation and as further 

supplemented by Department of Defense 

and the Army. 

(b) Arlington National Cemetery will 

maintain a real property inventory for 

both Army National Cemeteries in 

accordance with applicable Army 

policies and procedures. 

§ 553.11 Permission to install poles, lines, 

and water and sewer pipes. 

(a) The installation of utilities in 

Army National Cemeteries, including 

but not limited to, communications (i.e., 

telephone and fiber optic lines), electric, 

natural gas, water, storm drainage, and 

sanitary sewers, will not be permitted 

unless authorized by the 

Superintendent, Arlington National 

Cemetery. 

(b) Requests for licenses, permits, or 

easements to install water, gas, or sewer 

lines, or other utilities/equipment on or 

across an Army National Cemetery or an 

approach road in which the Government 

has a right-of-way, fee simple title, or 

other interest, must be sent to the 

Superintendent, Arlington National 

Cemetery, for action. Requests must 

include a complete description of the 

type of license, permit, or easement 

desired and a map showing the location 

of the project. 

(c) Once approved by the 

Superintendent, Arlington National 

Cemetery, the request will be forwarded 

to the Baltimore District, U.S. Army 

Corps of Engineers, for implementation 

and issuance of the license, permit, or 

easement. 

§ 553.12 Gifts. 

(a) Policy. Acceptance of gifts will be 

handled in accordance with Army 

Regulation 1–100. 

(b) Processing. (1) The Superintendent 

U.S. Soldiers’ and Airmen’s Home 

National Cemetery, will forward any 

offer of a gift for the U.S. Soldiers’ and 

Airmen’s Home National Cemetery to 

the Superintendent, Arlington National 

Cemetery, with all available information 

bearing upon the offer and its 

acceptability. 

(2) Upon receipt of an offer of a gift 

to either the Arlington National 

Cemetery or the U.S. Soldiers’ and 

Airmen’s Home National Cemetery, the 

Superintendent, Arlington National 

Cemetery: 

(i) May accept the gift, if within the 

authority delegated by the Secretary of 

the Army to the Superintendent, 

Arlington National Cemetery; or 

(ii) Will advise the prospective donor 

that acceptance of the gift is subject to 

prior approval by the Secretary of the 

Army. The Superintendent, Arlington 


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National Cemetery, will provide a 

recommendation for or against 

acceptance, including an opinion 

regarding whether acceptance of the gift 

could raise ethical or conflict of interest 

concerns. 

§ 553.13 Solicitations. 

Other than the authorized mobile tour 

operations and the Visitors’ Center gift 

shop, the solicitation of business within 

Arlington National Cemetery is 

prohibited. Violators who do not leave 

when so ordered or who unlawfully 

reenter the cemetery after being evicted 

will be subject to prosecution. 

§ 553.14 Authority for interments, 

inurnments, and memorial sections. 

(a) Army Regulation 290–5 authorizes 

interment in Arlington National 

Cemetery and U.S. Soldiers’ and 

Airmens’ Home National Cemetery 

under the provisions set forth in this 

section. The Act of May 14, 1948 (Pub. 

L. 80–526, 62 Stat. 234), as amended by 

the Act of September 14, 1959 (Pub. L. 

86–260, 73 Stat. 547), and other laws 

specifically cited in this regulation, 

authorize interment in Arlington 

National Cemetery and U.S. Soldiers’ 

and Airmen’s Home National Cemetery 

under such regulations as the Secretary 

of the Army may, with the approval of 

the Secretary of Defense, prescribe. 

(b) 38 U.S.C. 2409 provides that the 

Secretary of the Army may set aside 

suitable areas in Arlington National 

Cemetery for memorial sections to 

honor the memory of certain members 

of the United States Armed Forces and 

veterans. Such memorial plots will be in 

sections devoted solely to that purpose, 

and a marker issued by the Department 

of Veterans Affairs will be erected at 

Government expense in each plot 

dedicated to a particular individual or 

group of individuals. 

(c) 38 U.S.C. 2410 requires the 

Secretary of the Army to designate an 

area in Arlington National Cemetery for 

the unmarked interment of ashes of 

persons eligible for interment in 

Arlington National Cemetery. The 

designated area must not be suitable for 

burial of casketed remains. 

§ 553.15 Plans for gravesites, memorial 

areas, and niches. 

(a) The Superintendents of Arlington 

National Cemetery and U.S. Soldiers’ 

and Airmen’s Home National Cemetery 

shall maintain detailed plans setting 

forth sections with gravesites, memorial 

areas with markers, and Columbariums 

with niches. 

(b) New sections or areas will be 

opened and prepared for interments or 

for installing memorial markers only 

with the approval of the 

Superintendent, Arlington National 

Cemetery. 

(c) The standard size for all gravesites 

for casketed remains is 5 feet by 10 feet. 

The standard size of gravesites for 

interment of urns containing cremated 

remains is 5 feet by 5 feet. The standard 

size of areas delineated by memorial 

markers is 5 feet by 5 feet. The standard 

size of niches is 13 inches tall by 10 

inches wide by 18 inches deep. 

§ 553.16 Assignment of gravesites or 

niches. 

(a) All eligible persons will be 

assigned graves or niches without 

discrimination as to military rank, race, 

color, sex, religion, age, or national 

origin. 

(b) One-gravesite-per-family policy. 

Once the initial interment or inurnment 

is made in a gravesite or niche, each 

additional interment or inurnment of 

eligible family members must be made 

in the same gravesite or niche, except as 

noted in paragraph (d) of this section. 

The Superintendent, Arlington National 

Cemetery, may make additional space 

available upon the determination that 

assignment of a single gravesite is not 

practicable. 

(c) Gravesites or niches will not be 

reserved or assigned prior to the time of 

need. 

(d) Reservations for an adjoining 

gravesite at Arlington National 

Cemetery for a surviving spouse or 

veteran made in writing before October 

16, 1961 (when the one-gravesite-perfamily policy was established at 

Arlington National Cemetery), will 

remain in effect unless cancelled by the 

Superintendent, Arlington National 

Cemetery. The Superintendent may 

cancel a gravesite reservation for one of 

the following reasons: 

(1) Upon determination that the 

surviving spouse remarried and 

remained so at the time of death; 

(2) Upon notification that the reservee 

has been buried elsewhere; 

(3) Upon notification that the reservee 

desires to or will be interred in the same 

grave with the predeceased, and doing 

so is feasible; or 

(4) When it is known or estimated that 

the reservee would be 120 years of age 

and there is no record of 

correspondence with the reservee 

within the last two decades. 

(e) In cases where more than one 

gravesite was reserved (on the basis of 

the veteran’s eligibility at the time the 

reservation was made) and no interment 

has yet been made in any of the sites, 

the one-gravesite-per-family policy will 

be applied. One gravesite reservation 

will be honored so long as the deceased 

meets the eligibility criteria for 

interment in Arlington National 

Cemetery current at the time of need. 

(f) Where an active duty service 

member or veteran of the United States 

Armed Forces has been or will be 

interred as part of a group burial or 

memorialized in a Memorial Area at 

Arlington National Cemetery, the 

Superintendent, Arlington National 

Cemetery, will assign, at the time of 

need, a gravesite or niche for interment 

or inurnment of the eligible widow, 

widower, minor children, permanently 

dependent children, or certain 

unmarried adult children. 

§ 553.17 Proof of eligibility. 

(a) The estate of the deceased (or nextof-kin/personal representative) is 

responsible for providing appropriate 

documentation to verify the deceased’s 

eligibility for interment or inurnment. 

(b) At a minimum the following 

documents are required: 

(1) Death Certificate; 

(2) Proof of Eligibility of the primary 

eligible; 

(3) Any additional documentation to 

establish the eligibility of spouses, 

children, or missing relatives, as 

appropriate (e.g., marriage certificate, 

birth certificate, waivers, statements that 

the decedent had no children); 

(4) Burial agreement, if appropriate; 

(5) Notarized statement, if 

appropriate, that the remains are 

unavailable for the reasons set forth in 

§ 553.20; and 

(6) A certificate of cremation or 

notarized statement attesting to the 

authenticity of the cremated human 

remains, if appropriate. 

(c) The following documents may be 

used to establish eligibility of the 

primary eligible person: 

(1) DD Form 214, Certificate of 

Release or Discharge from Active Duty 

(all Services starting in the 1950s); 

(2) WD AGO 53 or 53–55, Enlisted 

Record and Report of Separation 

Honorable Discharge; 

(3) WD AGO 53–98, Military Record 

and Report of Separation Certificate of 

Service; 

(4) NAVPERS–553, Notice of 

Separation from U.S. Naval Service; 

(5) NAVMC 70–PD, Honorable 

Discharge, U.S. Marine Corps; 

(6) DD Form 1300, Report of Casualty 

(required in the case of death of an 

active duty service member); and 

(7) A statement from the commanding 

officer stating the active duty service 

member was in good standing at the 

time of death, e.g., not pending 

disciplinary or adverse administrative 

action. If the active duty service member 

was pending action, the provisions of 

§ 553.25 apply. 


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(d) Veterans who desire copies of 

their military records should write to: 

National Personnel Records Center, 

Attention: Military Personnel Records, 

9700 Page Avenue, St Louis, Missouri 

63132 or go online at http:// 

www.vetrecs.archives.gov. Individuals 

who are not veterans or the next of kin 

of the veteran for whom they are 

requesting records must complete 

Standard Form 180. 

(e) The burden of proving eligibility 

lies with the party who requests the 

burial. The Superintendent, Arlington 

National Cemetery, will determine 

whether the submitted proof 

(documentary or other) is sufficient to 

support a finding of eligibility. 

§ 553.18 Eligibility for interment in 

Arlington National Cemetery. 

The following persons are eligible for 

interment in Arlington National 

Cemetery, unless otherwise prohibited. 

The last period of active duty of the 

veteran of the United States Armed 

Forces must have ended honorably. 

(a) Any service member on active 

duty in the United States Armed Forces 

(except those service members serving 

on active duty for training only). 

(b) Reserve personnel who die while 

on active duty for special work. 

(c) Reserve personnel who have 

reached the age of 60, are otherwise 

eligible to receive military retired pay, 

but who have been retained in the 

Reserve program and who served one 

period of active duty for other than 

training. 

(d) Any veteran retired from active 

military service with the United States 

Armed Forces and is entitled to receive 

military retired pay. 

(e) Any veteran retired from the 

Reserves who: 

(1) Served a period of active duty 

(other than active duty for training); 

(2) Has a total of twenty years 

combined service; 

(3) Is carried on an official retired list; 

and 

(4) Is receiving or was eligible to 

receive military retired pay (currently 

payable at age 60). 

(f) Any service member who is retired 

for disability and has been placed on the 

Permanent Disability Retired List and 

who served a period of active duty 

(other than for training). 

(g) Any veteran separated honorably 

from United States Armed Forces prior 

to October 1, 1949, for medical reasons 

with 30 percent or greater disability 

rating effective on the day of discharge. 

(h) Any veteran of the United States 

Armed Forces awarded one of the 

following decorations: 

(1) Medal of Honor; 

(2) Distinguished Service Cross, Air 

Force Cross, or Navy Cross; 

(3) Silver Star; or 

(4) Purple Heart. 

(i) The President of the United States 

and any former President of the United 

States. 

(j) Any veteran of the United States 

Armed Forces who served on active 

duty (other than active duty for training) 

and who held any of the following 

positions: 

(1) Vice President; 

(2) Member of Congress; 

(3) Chief Justice of the United States 

or Associate Justice of the Supreme 

Court of the United States. 

(4) An office listed, at the time the 

person held the position, in 5 U.S.C. 

5312 or 5313 (Levels I and II of the 

Executive Schedule). 

(5) The chief of a mission, who was, 

at any time during his/her tenure before 

January 5, 1986, classified in Class I 

under the provisions of Sec. 411, Act of 

August 13, 1946, 60 Stat. 1002. Missions 

(Class I) are defined in § 553.1. 

(k) Any former prisoner of war who 

served honorably in the United States 

Armed Forces while a prisoner of war, 

whose last period of active duty 

terminated honorably, and who died on 

or after November 30, 1993. See Sec. 

1176, Public Law 103–160; 38 U.S.C. 

2402 Note. 

(l) The spouse, widow, or widower of 

an active duty service member of the 

United States Armed Forces or eligible 

veteran who is or will be interred in 

Arlington National Cemetery. A former 

spouse of an active duty service member 

or a veteran, someone who is no longer 

the legal husband or wife of the service 

member or veteran due to annulment, 

divorce, etc., is not eligible for 

interment. 

(m) A widow or widower who 

remarries is eligible for interment if 

remarried at the time of need only if 

there are no children from any 

subsequent marriage(s), both the 

subsequent spouse and any children 

from the prior marriage to the primary 

eligible agree to the interment and 

relinquish any claim for interment in 

the same gravesite in a notarized 

statement(s), and the subsequent spouse 

relinquishes any claim for interment in 

the same gravesite. 

(1) In addition to the proof of 

eligibility documents set forth at 

§ 553.17, a request for interment of a 

widow or widower must be 

accompanied by: 

(i) A notarized statement from the 

subsequent spouse agreeing to the 

interment and relinquishing any claim 

for interment in the same gravesite. 

(ii) Notarized statement(s) from all of 

the children from the prior marriage 

agreeing to the interment of their 

parents. 

(2) [Reserved] 

(n) The widow or widower of an 

active duty service member of the 

United States Armed Forces or an 

eligible veteran, who was: 

(1) Lost or buried at sea, temporarily 

interred overseas due to action by the 

United States Government, or officially 

determined to be missing in action. 

(2) Buried in an overseas U.S. military 

cemetery maintained by the American 

Battle Monuments Commission. 

(3) A member of the United States 

Armed Forces interred in Arlington 

National Cemetery as part of a group 

burial. 

(o) As these groups are defined in this 

Part, the minor children, permanently 

dependent children, and certain 

unmarried adult children of an active 

duty service member or eligible veteran 

of the United States Armed Forces, who 

is or will be interred in Arlington 

National Cemetery, if space is available. 

(1) In addition to the proof of 

eligibility documents set forth at 

§ 553.17, a request for interment of a 

permanently dependent child must be 

accompanied by: 

(i) A notarized statement from an 

individual who has direct knowledge as 

to the marital status and degree of 

dependency of the deceased child; and 

(ii) A physician’s statement regarding 

the nature and duration of the physical 

or mental disability. 

(2) In addition to the proof of 

eligibility documents set forth at 

§ 553.17, a request for interment of an 

unmarried adult child must be 

accompanied by: 

(i) A notarized statement from an 

individual who has direct knowledge as 

to the marital status of the deceased; 

and 

(ii) A statement demonstrating some 

or all of the following factors, as 

appropriate: 

(A) The deceased lived most of his or 

her adult life with one or both parents, 

one or both of whom are otherwise 

eligible for interment; 

(B) The deceased has no children or 

siblings, or other family members, other 

than the eligible veteran, who might 

seek interment on the basis of the 

deceased’s interment. 

(C) The deceased’s children, siblings, 

or other family members, other than the 

eligible veteran, waive any derivative 

right to be interred at Arlington National 

Cemetery, in accordance with the 

Arlington National Cemetery Burial 

Agreement. 

(p) Unless ineligible or otherwise 

prohibited, the parents of minor 


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children, permanently dependent 

children, or certain unmarried adult 

children, whose remains were interred 

in Arlington National Cemetery based 

on the eligibility of a parent at the time 

of the child’s death. 

(q) A veteran of the United States 

Armed Forces may be buried in the 

same grave with the primary eligible 

who is already interred, if the veteran is 

a close relative (as defined in § 553.1) of 

the primary eligible person, and meets 

the following conditions: 

(1) The veteran does not have any 

children; 

(2) The veteran will not occupy space 

reserved for the spouse or minor, 

permanently dependent, or unmarried 

adult children of the primary eligible 

person; 

(3) All other close relatives of the 

primary eligible person concur with the 

interment of the veteran with the 

primary eligible person by signing a 

notarized statement; 

(4) The veteran’s spouse waives any 

entitlement to interment in Arlington 

National Cemetery, where such 

entitlement might be based on the 

veteran’s interment in Arlington 

National Cemetery. The Superintendent, 

Arlington National Cemetery, may set 

aside the spouse’s waiver, provided 

space is available in the same gravesite, 

there is room for inscription on the 

headstone, and all close relatives of the 

primary eligible concur; 

(5) Any cost of moving, recasketing, or 

revaulting the remains will be paid from 

private funds; and 

(6) There is sufficient space on the 

headstone to accommodate all names. 

§ 553.19 Eligibility for group burial in 

Arlington National Cemetery. 

(a) The Superintendent, Arlington 

National Cemetery, may authorize a 

group interment in Arlington National 

Cemetery whenever several people, at 

least one of whom is an active duty 

service member of the United States 

Armed Forces, die during a military 

related activity and not all of the active 

duty service member’s remains can be 

individually identified. 

(b) Before authorizing a group 

interment that includes both United 

States and foreign decedents, the 

Superintendent, Arlington National 

Cemetery, will notify the Department of 

State and request that the Department of 

State notify the appropriate foreign 

embassy. 

§ 553.20 Eligibility for memorialization in 

an Arlington National Cemetery Memorial 

Area. 

(a) A memorial marker may be placed 

in an Arlington National Cemetery 

Memorial Area to honor the memory of 

active duty service members and 

veterans of the United States Armed 

Forces, who meet the eligibility criteria 

for interment in Arlington National 

Cemetery and: 

(1) Who are missing in action; 

(2) Whose remains have not been 

recovered or identified; 

(3) Whose remains were buried at sea, 

whether by the member’s or veteran’s 

own choice or otherwise; 

(4) Whose remains were donated to 

science; or 

(5) Whose remains were cremated and 

whose ashes were scattered without 

interment of any portion of the ashes. 

(b) A family member who meets the 

eligibility criteria for interment in 

Arlington National Cemetery, set forth 

in § 553.18 and whose remains are not 

available for one of the reasons listed in 

paragraph (a) of this section may only be 

memorialized on the reverse side of an 

existing memorial marker. 

(c) When the remains of a service 

member or veteran are unavailable for 

one of the reasons listed in paragraph (a) 

of this section, and an eligible family 

member who predeceased the member 

or veteran is already interred or inurned 

in Arlington National Cemetery, the 

member or veteran may only be 

memorialized on the existing headstone 

or a replacement headstone may be 

ordered with new inscription. 

Consistent with the one-gravesite-perfamily policy, a separate marker in the 

Memorial Area is not authorized. 

(d) When a memorial marker for 

service member or veteran is already in 

place in a Memorial Area, and an 

eligible family member is subsequently 

interred or inurned in Arlington 

National Cemetery, an inscription 

memorializing the member or veteran 

will be placed on the new headstone or 

niche cover. Consistent with the onegravesite-per-family policy, the 

memorial marker will be removed from 

the Memorial Area. 

§ 553.21 Eligibility for interment of 

cremated remains in the Arlington National 

Cemetery Unmarked Area. 

(a) The cremated remains of any 

person eligible for interment in 

Arlington National Cemetery may be 

interred in the designated Arlington 

National Cemetery Unmarked Area. 

(b) Ashes must be interred in a 

biodegradable container or placed 

directly into the ground without a 

container. Ashes are not authorized to 

be scattered at this site or at any 

location within Arlington National 

Cemetery. 

(c) No headstone or marker is 

authorized for any person choosing this 

method of interment. A permanent 

register will be maintained in the 

Administration Building listing all 

persons interred at this site. 

(d) Consistent with the one-gravesiteper-family policy, all family members 

must be interred in the Unmarked Area 

once an eligible person is interred under 

this option. No additional gravesite, 

niche, or memorial marker in a 

Memorial Area will be authorized. 

§ 553.22 Eligibility for inurnment in 

Arlington National Cemetery. 

The following persons are eligible for 

inurnment in Arlington National 

Cemetery. The last period of active duty 

of the service member or veteran of the 

United States Armed Forces must have 

ended honorably. 

(a) Any person eligible for interment 

in Arlington National Cemetery. 

(b) Any veteran of the United States 

Armed Forces who served on active 

duty other than active duty for training. 

(c) Any member of a Reserve 

component of the United States Armed 

Forces who dies while: 

(1) On active duty for training or 

performing full-time duty under Title 32 

of the United States Code; 

(2) Performing authorized travel to or 

from active duty for training or full-time 

service; 

(3) On authorized inactive duty 

training, including training performed 

as a member of the Army National 

Guard or the Air National Guard; or 

(4) Is hospitalized or being treated at 

the expense of the United States for an 

injury or disease incurred or contracted 

while on active duty for training or fulltime service, traveling to or from active 

duty for training or full-time service, or 

on inactive duty training, or undergoing 

hospitalization or treatment at the 

expense of the United States. 

(d) Any member of the Reserve 

Officers Training Corps of the Army, 

Navy, or Air Force whose death occurs 

while: 

(1) Attending an authorized training 

camp or cruise; 

(2) Performing authorized travel to or 

from that camp or cruise; or 

(3) Is hospitalized or receiving 

treatment at the expense of the United 

States for injury or disease incurred 

while attending that camp or cruise, 

performing that travel, or receiving that 

hospitalization or treatment at the 

expense of the United States. 

(e) Any citizen of the United States 

who, during any war in which the 

United States has been engaged, served 

in the Armed Forces of any government 

allied with the United States during that 

war; whose last service ended honorably 

by death or otherwise; and who was a 


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citizen of the United States at the time 

of entry into that service and at the time 

of death. 

(f) A former member of a group 

certified as active military service for 

the purpose of receiving benefits by the 

Department of Veterans Affairs by the 

provisions of 38 CFR 3.7(x) and Public 

Law 95–202. 

§ 553.23 Arlington National Cemetery 

interment/inurnment agreement. 

(a) Eligible family members who 

predecease the primary eligible person 

may be interred or inurned in Arlington 

National Cemetery if the primary 

eligible person signs an agreement to be 

interred in the same gravesite or 

inurned in the same niche at his or her 

time of need and agreeing that his or her 

estate shall pay for all expenses related 

to disinterment or disinurnment from 

Arlington National Cemetery if he or she 

is not interred or inurned as agreed. 

(b) If the primary eligible becomes 

ineligible for interment or inurnment in 

Arlington National Cemetery or the 

executor or next of kin decides that the 

primary eligible will be interred or 

inurned elsewhere, the spouse’s or 

children’s remains may be removed 

from Arlington National Cemetery at no 

cost to the Government. The 

Superintendent, Arlington National 

Cemetery, may waive this provision 

under extraordinary circumstances. 

§ 553.24 Eligibility for burial in United 

States Soldiers’ and Airmen’s Home 

National Cemetery. 

(a) Only the residents of the United 

States Soldiers’ and Airmen’s Home are 

eligible for interment in United States 

Soldiers’ and Airmen’s Home National 

Cemetery (see 24 U.S.C. 412 for resident 

eligibility criteria). 

(b) The Board of Commissioners of the 

United States Soldiers’ and Airmen’s 

Home will prescribe additional rules 

governing burial in the Soldiers’ Home 

National Cemetery. 

§ 553.25 Persons ineligible for interment, 

inurnment, or memorialization in Arlington 

National Cemetery or United States 

Soldiers’ and Airmen’s Home National 

Cemetery. 

(a) Unless otherwise eligible for 

interment or inurnment under the 

eligibility criteria set forth, a father, 

mother, brother, sister, or in-law is not 

eligible for interment or inurnment 

solely on the basis of their relationship 

to an eligible service member or veteran 

of the United States Armed Forces, even 

though the individual is: 

(1) Dependent on the service member 

or veteran for support; or 

(2) A member of the service member’s 

or veteran’s household. 

(b) A person whose last separation 

from one of the United States Armed 

Forces was less than an honorable 

discharge (i.e., General Discharge issued 

to a service member whose military 

record is not sufficiently meritorious to 

warrant an honorable discharge, Under 

Other Than Honorable Conditions 

Discharge, Bad Conduct Discharge, 

Dishonorable Discharge, or Dismissal) is 

not eligible for interment or inurnment, 

regardless of whether the person: 

(1) Received any other veterans’ 

benefits. 

(2) Was treated at a Department of 

Veterans Affairs hospital or died in such 

a hospital. 

(c) A person who has volunteered for 

service with the United States Armed 

Forces, but has not yet entered on active 

duty is not eligible for interment or 

inurnment. 

(d) A former spouse of a primary 

eligible service member or veteran, e.g., 

marriage ended in divorce or annulment 

is not eligible for interment or 

inurnment. 

(e) Otherwise eligible family 

members, e.g., spouse or child, if the 

primary eligible service member or 

veteran was not or will not be interred 

or inurned at Arlington National 

Cemetery or the United States Soldiers’ 

and Airmen’s Home National Cemetery. 

This provision does not apply to eligible 

family members for whom a gravesite or 

niche may be assigned under § 553.16. 

(f) A person convicted in a Federal 

court or by a United States court-martial 

of any offense involving subversive 

activity or the assassination or 

attempted assassination of certain 

national leaders as described 18 U.S.C. 

1751 including, but not limited to the 

President of the United States; 

President-elect; Vice President of the 

United States, Vice President-elect, and 

if there is no Vice President, the next in 

succession, is not eligible for interment 

or inurnment. 

(g) Non-human remains, including 

remains of animals, shall not be interred 

or inurned at Arlington National 

Cemetery or the United States Soldiers 

and Airmen’s Home National Cemetery. 

If non-human remains are 

unintentionally commingled with 

human remains due to a natural 

disaster, unforeseen accident, act of war 

or terrorism, violent explosion, or such 

other incident, and such remains cannot 

be separated from the remains of an 

eligible person, then the remains may be 

interred or inurned with the eligible 

person, but in no manner shall the 

identity of the non-human remains be 

inscribed on a niche, marker, or 

headstone. 

(h) An active duty service member 

who dies while on active duty is not 

eligible for interment or inurnment if 

there is clear and convincing evidence 

that the service member engaged in 

conduct that would have resulted in a 

less than honorable discharge being 

imposed. 

(1) Preliminary Inquiry. The 

Superintendent, Arlington National 

Cemetery, shall, upon the death of an 

active duty service member, obtain 

information from the deceased 

member’s commander regarding the 

character of the deceased member’s 

service. 

(2) Decision after Preliminary Inquiry. 

(i) If, after receiving the information 

described in paragraph (h)(1) of this 

section, the Superintendent determines 

that sufficient evidence exists for further 

proceedings under this section, the 

Superintendent shall present the 

decedent’s representative with a written 

notification of such preliminary 

determination, and provide a dated, 

written notice of the representative’s 

procedural options. 

(ii) [Reserved] 

(3) Notice and Procedural Options. 

The notice of procedural options shall 

indicate that, within fifteen calendar 

days of the date of the notice, the 

decedent’s representative may: 

(i) Withdraw the request for 

interment, inurnment, or 

memorialization; 

(ii) Do nothing, in which case the 

request for interment, inurnment, or 

memorialization will be considered to 

have been withdrawn; or 

(iii) Request a hearing. 

(4) Time computation. The fifteen 

calendar day time period begins on the 

calendar day after the earlier of the date 

the notice of procedural options is sent 

by mail or electronic means to the 

decedent’s representative or delivered 

in person to the representative and ends 

at Arlington National Cemetery’s regular 

closing time on the fifteenth day. It does 

include weekends and holidays. If 

Arlington National Cemetery is closed 

on the fifteenth day, then the end of the 

time period will be the regular closing 

time of next day that Arlington National 

Cemetery is open. 

(5) Hearing. The purpose of the 

hearing is to allow the decedent’s 

representative to present additional 

information regarding whether there is 

clear and convincing evidence that the 

service member engaged in conduct that 

would have resulted in a less than 

honorable discharge being imposed. In 

lieu of making a personal appearance at 

the hearing, the decedent’s 

representative may submit relevant 

documents for consideration by the 


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Assistant Secretary of the Army 

(Manpower & Reserve Affairs), or 

appropriate designee. 

(i) If a formal hearing with personal 

appearance is requested, the Assistant 

Secretary of the Army (Manpower & 

Reserve Affairs), or appropriate 

designee, will conduct the hearing. 

(ii) The hearing will be conducted in 

an informal manner. 

(iii) The rules of evidence shall not 

apply. 

(iv) The decedent’s representative and 

witnesses may appear, under oath, at no 

expense to the government. 

(v) Oaths must be administered by an 

appropriate Army representative 

designated by the Assistant Secretary of 

the Army (Manpower & Reserve Affairs) 

and who possesses the legal authority to 

administer oaths. 

(vi) The hearing shall be recorded. 

Upon request, a copy of the recording 

will be provided to the decedent’s 

representative. 

(6) Final Determination. After 

considering any additional information 

submitted by the decedent’s 

representative the Assistant Secretary of 

the Army (Manpower & Reserve Affairs), 

or appropriate designee, shall determine 

the service member’s eligibility for 

interment, inurnment, or 

memorialization. This determination is 

final and not appealable. 

(7) Notice of Decision. The 

Superintendent shall provide written 

notification to the decedent’s 

representative of the Assistant Secretary 

of the Army’s decision. 

§ 553.26 Prohibition of interment, 

inurnment, or memorialization of persons 

who have committed certain crimes. 

(a) Prohibition. Pursuant to 38 U.S.C. 

2411, the interment, inurnment, or 

memorialization in Arlington National 

Cemetery or United States Soldiers and 

Airmen’s Home National Cemetery of 

any of the following persons is 

prohibited: 

(1) Any person identified in writing to 

the Superintendent, Arlington National 

Cemetery, by the United States Attorney 

General, prior to approval of an 

interment, inurnment, or 

memorialization, as a person who has 

been convicted of a Federal capital 

crime, as defined in § 553.1, for which 

a life sentence or the death penalty may 

be imposed. Approval does not occur 

until the deceased is interred, inurned, 

or memorialized. 

(2) Any person identified in writing to 

the Superintendent, Arlington National 

Cemetery by the appropriate State 

official, prior to approval of an 

interment, inurnment, or 

memorialization, as a person who has 

been convicted of a State capital crime, 

as defined in § 553.1, for which a life 

sentence or the death penalty may be 

imposed. Approval does not occur until 

the deceased is interred, inurned, or 

memorialized. 

(3) Any person found under 

procedures specified in § 553.27 to have 

committed a State or Federal capital 

crime but who has avoided conviction 

of such crime by reason of 

unavailability for trial due to death or 

flight to avoid prosecution. Notice from 

officials is not required for this 

prohibition to apply. 

(b) Notice. The Superintendent, 

Arlington National Cemetery, is 

designated as the Secretary of the 

Army’s representative authorized to 

receive from the appropriate Federal or 

State officials notification of conviction 

of capital crimes referred to in this 

section. 

(c) Confirmation of person’s 

eligibility. (1) If notice has not been 

received, but the Superintendent has 

reason to believe that the person may 

have been convicted of a State or 

Federal capital crime, as defined in 

§ 553.1, the Superintendent shall seek 

written confirmation from: 

(i) The United States Attorney 

General, with respect to suspected 

Federal capital crimes; or 

(ii) An appropriate State official, with 

respect to suspected State capital 

crimes. 

(2) The Superintendent will defer 

decision on whether to inter, inurn, or 

memorialize a deceased until written 

confirmation is received. 

§ 553.27 Findings concerning a 

commission of certain crimes where a 

person has not been convicted due to death 

or flight to avoid prosecution. 

(a) Preliminary Inquiry. If the 

Superintendent, Arlington National 

Cemetery, has reason to believe that a 

decedent may have committed a Federal 

or State capital crime (as defined under 

these regulations), but avoided 

conviction of such crime by reason of 

unavailability for trial due to death or 

flight to avoid prosecution, the 

Superintendent, with the advice of 

Army legal counsel, will initiate a 

preliminary inquiry seeking information 

from Federal, State, or local law 

enforcement officials, or other sources 

of potentially relevant information. 

(b) Decision after Preliminary Inquiry. 

If, after conducting the preliminary 

inquiry described in paragraph (a) of 

this section, the Superintendent 

determines that sufficient evidence 

exists for further proceedings under this 

section, the Superintendent shall 

present the decedent’s representative 

with a written notification of such 

preliminary determination and a dated, 

written notice of the representative’s 

procedural options. 

(c) Notice and Procedural Options. 

The notice of procedural options shall 

indicate that, within fifteen days of the 

date of the notice, the decedent’s 

representative may: 

(1) Withdraw the request for 

interment, inurnment, or 

memorialization; 

(2) Do nothing, in which case the 

request for interment, inurnment, or 

memorialization will be considered to 

have been withdrawn; or 

(3) Request a hearing. 

(d) Time computation. The fifteen 

calendar day time period begins on the 

calendar day after the earlier of the date 

the notice of procedural options is sent 

by mail or electronic means to the 

decedent’s representative or delivered 

in person to the representative and ends 

at Arlington National Cemetery’s regular 

closing time on the fifteenth day. It does 

include weekends and holidays. If 

Arlington National Cemetery is closed 

on the fifteenth day, then the end of the 

time period will be the regular closing 

time of the next day that Arlington 

National Cemetery is open. 

(e) Hearing. The purpose of the 

hearing is to allow the decedent’s 

representative to present additional 

information regarding whether the 

person committed a Federal or State 

capital crime (as defined under these 

regulations) that would prohibit 

interment, inurnment, or 

memorialization in Arlington National 

Cemetery or the United States Soldiers’ 

and Airmen’s Home National Cemetery. 

In lieu of making a personal appearance 

at the hearing, the decedent’s 

representative may submit relevant 

documents for consideration by the 

Assistant Secretary of the Army 

(Manpower & Reserve Affairs), or 

appropriate designee. 

(1) If a formal hearing with personal 

appearance is requested, the Assistant 

Secretary of the Army (Manpower and 

Reserve Affairs), or appropriate 

designee, will conduct the hearing. 

(2) The hearing will be conducted in 

an informal manner. 

(3) The rules of evidence shall not 

apply. 

(4) The decedent’s representative and 

witnesses may appear, under oath, at no 

expense to the government. 

(5) Oaths must be administered by an 

appropriate Army representative 

designated by the Assistant Secretary of 

the Army (Manpower and Reserve 

Affairs) and who possesses the legal 

authority to administer oaths. 


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(6) A stenographer shall prepare a 

transcript of the proceedings. Upon 

request, a copy of the transcript will be 

provided to decedent’s representative. 

(f) Final Determination. After 

considering any additional information 

submitted by the decedent’s 

representative, the Assistant Secretary 

of the Army (Manpower and Reserve 

Affairs) shall determine the decedent’s 

eligibility for interment, inurnment, or 

memorialization. This determination is 

final and not appealable. 

(g) Notice of Decision. The 

Superintendent shall provide written 

notification to the decedent’s 

representative of the Assistant Secretary 

of the Army’s decision. 

§ 553.28 Exceptions to policies for 

interment or inurnment at Arlington 

National Cemetery. 

(a) As a national military cemetery, 

eligibility standards for interment and 

inurnment are based on honorable 

military service. Exceptions to the 

standards of Arlington National 

Cemetery are rarely granted and even 

then are only granted for those 

significant contributions that directly 

and substantially benefited the United 

States military and warrant displacing 

an otherwise eligible veteran. 

(b) Requests for an exception to the 

interment or inurnment eligibility 

policies shall be considered only after 

the individual’s time of death. 

(c) Requests for an exception to the 

interment or inurnment eligibility 

policies should be submitted to the 

Superintendent, Arlington National 

Cemetery, and must include the 

following information. 

(1) Copy of the most recent military 

discharge document, where applicable; 

(2) Detailed, objective, and fact-based 

accounting of the individual’s military 

and civilian service (contributions or 

acts) supporting the request for 

exception to policy; 

(3) Public Disclosure Consent Form 

signed by the decedent’s representative; 

and 

(4) Any other related or pertinent 

document(s) that will assist in making a 

decision on granting an exception. 

(d) The decedent’s next of kin or 

representative is responsible for 

providing and certifying the accuracy of 

all necessary documents for justifying 

the request for exception to the 

interment or inurnment eligibility 

policies. 

(e) The following may be considered 

by the Secretary of the Army before 

making a determination to either 

approve or disapprove a request for 

exception to the interment or inurnment 

eligibility policy. 

(1) An individual’s military service 

(contributions and acts) that directly 

and substantially benefited the United 

States military; 

(2) An individual’s civilian service 

(contributions and acts) that directly 

and substantially benefited the United 

States military, and which demonstrates 

the manner and level of sacrifice or 

heroism typical of military service; 

(3) Whether the individual’s 

combined military and civilian service 

presents extraordinary circumstances 

that justify approving an exception to 

policy; and 

(4) The degree of consistency with 

past decisions. 

(f) Reconsideration. Disapproved 

requests will only be reconsidered when 

the decedent’s next of kin or 

representative submits new and 

substantive information not previously 

considered by the Secretary of the 

Army. Requests for reconsideration will 

be submitted directly to the 

Superintendent, Arlington National 

Cemetery. Requests for reconsideration 

not supported by new and substantive 

information will be denied by the 

Assistant Secretary of the Army 

(Manpower and Reserve Affairs). The 

Superintendent, Arlington National 

Cemetery, shall notify the decedent’s 

next of kin or representative of the 

decision of the reconsideration. 

§ 553.29 Cremated remains and interment 

or inurnment at Arlington National 

Cemetery. 

(a) All cremated remains interred or 

inurned at Arlington National Cemetery 

must be accompanied with a Certificate 

of Cremation or death certificate that 

indicates cremation. 

(b) Cremated remains which have 

been divided or split are not accepted 

for interment or inurnment at Arlington 

National Cemetery. An exception may 

be requested by the person authorized to 

direct disposition of remains or other 

authorized family representative to 

retain a small amount (less than 5 cubic 

centimeters or 5 milliliters) of cremated 

remains for sentimental reasons, 

hereafter referred to as sentimental 

cremated remains. The exception will 

be considered provided the person 

authorized to direct disposition or 

authorized family representative signs 

the Cemetery’s designated notarized 

agreement stating they understand the 

following conditions: 

(1) Dividing or splitting of remains is 

permanent. Sentimental cremated 

remains will not be later rejoined with 

cremated remains interred or inurned in 

Arlington National Cemetery due to the 

lack of scientific ability to positively 

identify that the cremated remains are 

those of the decedent. 

(2) Family members must develop an 

alternative plan for dealing with the 

sentimental cremated remains, as 

rejoining sentimental cremated remains 

with those already interred or inurned 

at Arlington National Cemetery or any 

other Federal cemetery is not an option. 

(3) Only one Federal cemetery 

gravesite, niche, or memorial marker is 

permitted. Interment, inurnment of 

cremated remains (sentimental or 

otherwise), or memorialization with a 

memorial marker in more than one 

Federal Cemetery is prohibited. 

(c) The scattering of ashes and the 

burial of symbolic containers are 

prohibited in Army National 

Cemeteries. 

(d) All cremation receptacles shall 

include a lid that closes tightly. 

(e) When the caisson is used to 

transport cremated remains, the 

receptacle shall not exceed the 

following dimensions: height—11 

inches, width—13 inches, length—16 

inches. 

§ 553.30 Subsequent remains. 

In accordance with the one-gravesiteper-family policy, subsequently 

recovered remains of a decedent who is 

already interred or inurned in a Federal 

Cemetery shall not be interred or 

inurned at Arlington National Cemetery 

unless all remains are reunited. 

Subsequent remains are those additional 

remains recovered after a burial. 

§ 553.31 Disinterments and disinurnments 

of remains. 

(a) Interments and inurnments in 

Arlington National Cemetery and 

United States Soldiers’ and Airmen’s 

Home National Cemetery are considered 

permanent. 

(b) Requests for disinterment or 

disinurnment of individually buried or 

inurned remains are considered as 

exceptions to this policy, and must be 

addressed to the Superintendent, 

Arlington National Cemetery, for 

decision. The request must include: 

(1) Full statement of reasons for the 

disinterment or disinurnment of 

remains; 

(2) Notarized statements from each 

close relative of the decedent that they 

do not object to the proposed 

disinterment or disinurnment; 

(3) Notarized statement by a person 

who knows that the persons giving 

statements comprise all of the 

decedent’s close relatives. 

(4) An appropriate funding source for 

the disinterment or disinurnment, as 

disinterments and disinurnments of 

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must be accomplished without expense 

to the United States Government. 

(c) The Superintendent, Arlington 

National Cemetery, shall carry out 

disinterments and disinurnments 

directed by a court of competent 

jurisdiction, upon presentment of a 

lawful, original court order and after 

consulting with appropriate Army legal 

counsel. 

(d) Remains in a group burial at 

Arlington National Cemetery may only 

be disinterred if a portion of the remains 

of all individuals are still not 

individually identified after completion 

of identification processing of any 

subsequently recovered remains. It must 

be determined that available technology 

is likely to assist in the identification 

process of the previously interred group 

remains. Requests for disinterment of 

group remains must be addressed to the 

Superintendent, Arlington National 

Cemetery, by the appropriate Military 

Department’s Secretary or designee for 

decision. The request must include: 

(1) A statement from the Joint 

Prisoner of War/Missing in Action 

Accounting Command that remains 

have been subsequently recovered from 

the site of the casualty incident and 

identification of a portion of the remains 

of each individual United States citizen, 

legal resident, or former service member 

has not been previously made from 

either the remains originally recovered 

or from the subsequently recovered 

portions. 

(2) Sufficient circumstantial and 

anatomical evidence from the Joint 

Prisoner of War/Missing in Action 

Accounting Command, which when 

combined with contemporary forensic 

or other scientific techniques, would 

lead to a high probability of individual 

identification of the interred group 

remains. 

(3) Copies of the Military 

Department’s notification to all the close 

relatives of the decedents advising them 

of the proposed disinterment. 

(4) A time period identified by the 

Joint Prisoner of War/Missing in Action 

Accounting Command during which it 

proposes to perform forensic or 

scientific techniques for individual 

identification processing. 

(5) An anticipated time period as to 

when the Joint Prisoner of War/Missing 

in Action Accounting Command will 

return any unidentified remains to 

Arlington National Cemetery or will 

notify the cemetery that individual 

identifications of the group remains are 

complete and no remains will be 

returned. 

(e) Distinterment or disinurnment is 

not permitted for the sole purpose of 

splitting remains or permanently 

keeping any portion of the remains in a 

location other than Arlington National 

Cemetery. 

(f) Disinterment of previously 

designated group remains for the sole 

purpose of the individually segregating 

the group remains is not permitted. 

§ 553.32 Transinterments or 

transinurnments of remains. 

(a) The Superintendent, Arlington 

National Cemetery, may authorize 

transinterments and transinurnments of 

remains if necessary for the proper 

administration, operation, and 

maintenance of Arlington National 

Cemetery. 

(b) The Superintendent, Arlington 

National Cemetery, shall document each 

transinterment or transinurnment by a 

memorandum that sets forth the reasons 

for the transinterment or 

transinurnment. 

(c) Transinterments and 

transinurnments shall be accomplished 

at Government expense. 

(d) The Superintendent, Arlington 

National Cemetery, will make 

reasonable attempts to notify the 

decedent’s family of the transinterment 

or transinurnment. 

§ 553.33 Design of government 

headstones, niche covers, and memorial 

markers. 

(a) Headstones and memorial markers 

will be white marble in an upright slab 

design. Flat-type granite markers may be 

used when the terrain or other 

obstruction precludes use of an upright 

marble headstone or memorial marker. 

(b) Niche covers will be white marble. 

(c) The Superintendent, Arlington 

National Cemetery, will design the 

headstone or memorial marker erected 

for a group burial. 

§ 553.34 Inscriptions on government 

headstones, niche covers, and memorial 

markers. 

(a) Inscriptions on Government 

headstones, niche covers, and memorial 

markers will be made according to the 

policies and specifications of the 

Secretary of the Department of Veterans 

Affairs. 

(b) Only military ranks and 

promotions granted pursuant to Title 10 

of the U.S. Code will be engraved on 

government headstones, niche covers, 

and memorial markers. Honorary 

promotions granted by states, governors, 

and others shall not be inscribed on 

headstones, niche covers, or memorial 

markers. 

(c) Memorial markers must also 

include the words ‘‘In Memory of’’ 

preceding the inscription. 

(d) The words ‘‘In Memory of’’ will 

not precede the inscription of a 

decedent whose remains are interred or 

inurned. 

(e) Inscriptions for private headstones 

and markers will conform to the 

requirements set forth in Army 

Regulation 290–5. 

§ 553.35 Headstones and markers at 

private expense. 

(a) Construction of headstones and 

markers at private expense in lieu of 

government headstones is permitted 

only in sections of Arlington National 

Cemetery in which private memorials 

and markers were authorized as of 

January 1, 1947. These headstones will 

be of simple design, dignified, and 

appropriate for a military cemetery as 

determined by the Superintendent, 

Arlington National Cemetery. 

(b) The Superintendent, Arlington 

National Cemetery, must approve the 

design and inscription of a private 

headstone or marker prior to its 

construction and placement. In 

addition, placement of a private 

headstone or marker is conditional upon 

the next-of-kin agreeing in writing to 

maintain it in a manner acceptable to 

the government. Should the headstone 

become unserviceable at any time in the 

future and the next-of-kin fails to repair 

or replace it, the Superintendent, 

Arlington National Cemetery, reserves 

the right to remove and dispose of the 

headstone and replace it with a 

standard, government-type headstone. 

All private headstones will be designed 

to conform to the dimensions and 

profiles specified in Army Regulation 

290–5. 

(c) The construction of a headstone to 

span two graves will be permitted only 

in those sections in which headstones 

are presently spanning two graves and 

only with the express understanding 

that in the event both graves are not 

utilized for burials, the headstone will 

be relocated to the center of the 

occupied grave, if possible. Such 

relocation must be accomplished at no 

expense to the government in 

accordance with the provisions of this 

part. The Superintendent, Arlington 

National Cemetery, reserves the right to 

remove and dispose of the headstone 

and to mark the grave with a 

government headstone or marker if the 

next-of-kin or other representative of the 

decedent fails to relocate the headstone 

as requested by the Department of the 

Army. 

(d) Separate headstones may be 

constructed on a lot (two graves) for a 

service member and spouse, provided 

that each headstone is set at the head of 

the grave after interment has been made. 

(e) At the time a headstone is 

purchased, arrangements should be 


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made with an appropriate commercial 

firm to ensure that additional 

inscriptions will be promptly inscribed 

following each succeeding interment in 

the gravesite. Foot markers are only 

authorized when there is no available 

space for an inscription on the front or 

rear of a private headstone. Foot 

markers must be authorized by the 

Superintendent, Arlington National 

Cemetery. 

(f) Except as may be authorized for 

marking group burials, ledger 

monuments of freestanding cross 

design, narrow shafts, or mausoleums 

are prohibited. 

§ 553.36 Permission to construct private 

headstones. 

(a) Headstone firms must receive 

permission from the Superintendent, 

Arlington National Cemetery, to 

construct a private headstone for use on 

Arlington National Cemetery or add an 

inscription to an existing headstone on 

Arlington National Cemetery. 

(b) Requests for permission should be 

submitted to the Superintendent, 

Arlington National Cemetery, and must 

include: 

(1) Written consent from the primary 

next of kin; 

(2) Contact information for both the 

primary next of kin and headstone firm; 

and 

(3) A scale drawing (no less than 1′′ 

= 1′) showing all dimensions, or a 

reproduction showing detailed 

specifications, of design, proposed 

construction material, finishing, 

carving, lettering, exact inscription to 

appear on the headstone or marker, and 

a trademark or copyright designation. 

(c) The Department of the Army does 

not endorse headstone firms, but grants 

permission for the construction of 

headstones in individual cases. 

(d) When using sandblast equipment 

to add an inscription to an existing 

headstone, headstone firms shall restore 

the surrounding grounds to the 

condition of the grounds before work 

began and at no expense to the 

government. 

§ 553.37 Inscriptions on private 

headstones. 

(a) An appropriate inscription for the 

decedent will be placed on the 

headstone in accordance with the 

dimensions of the stone and arranged in 

such a manner as to enhance the 

appearance of the stone. Additional 

inscriptions may be inscribed following 

each succeeding interment in the 

gravesite. 

(b) All lettering must be properly 

proportioned and spaced, cut in such a 

way as to ensure permanency and 

legibility and be of first-class 

workmanship. While both hand-carved 

lettering and sandblast lettering are 

permitted, the type used must conform 

to that shown in the copy of the 

approved design. 

(c) Inscriptions will generally be 

either V or U sunk. Raised carving or 

lettering may be used if placed within 

a sunken panel, so that the outer face of 

the lettering or carving does not extend 

beyond the surface of the die. A ‘‘panel’’ 

is a flat section with a raised carving 

(decorative elements, insignia, and 

lettering), surrounded by a solid border 

of edging (which may or may not be the 

face of the headstone). A border of 

edging must be at least 1′′ in width, 

projecting from its field at least to the 

extent of the maximum projection of the 

carving. 

(1) V-sunk letters will be cut so that 

the sides of the V are straight, preferably 

at 60 degrees to the face of the stone. 

(2) Any subsequent inscription must 

be of the same type as the original 

inscription. 

(3) Only black lithochrome, or gold on 

Medal of Honor headstones, will be 

used on inscriptions or carvings. No 

artificial coloring, pigment, pencil, milk, 

or other foreign substance may be used 

on inscriptions or carvings. 

(d) Requirements for Inscriptions. 

(1) The following elements of 

inscriptions are mandatory: 

(i) For all primary eligibles: Name, 

rank (granted pursuant to Title 10, U.S. 

Code), organization or component, and 

date of death. This inscription must be 

placed on the front face of the 

headstone. Only the decedent’s 

information may be inscribed on the 

headstone. The inscription for a 

nonservice-connected person will not be 

permitted prior to the interment. 

(ii) For other eligible persons interred 

in the same gravesite as a primary 

eligible: Name, relationship to the 

primary eligible, and date of death. 

Inscriptions pertaining to eligible family 

members may be placed on the front of 

the headstone below that of the service 

member, or they may be placed on the 

rear or on the side. 

(iii) In those cases where the serviceconnected family member and spouse 

are to be interred in the same grave and 

a private headstone is erected prior to 

the death of the service member, the 

service member’s name must appear on 

the front face of the headstone with 

sufficient space reserved for the 

additional inscription. 

(iv) The grave number (lot number) 

must be inscribed in the lower righthand corner of the rear of the headstone. 

The height of the numbers will be 5⁄8 of 

an inch. 

(2) The following elements of 

inscription are optional and may be 

placed on the front, rear, or on the sides: 

(i) For the service member only: Any 

military decorations or military honors 

which have been awarded and any 

insignia of a military nature. A copy of 

a military discharge or other military 

document which proves receipt of the 

award or honor must be furnished to the 

Superintendent, Arlington National 

Cemetery. 

(ii) For any decedent: 

(A) A direct religious, philosophical, 

or classical quotation, not to exceed two 

lines, may be inscribed in English. The 

source of all quotations must be 

furnished to the Superintendent, 

Arlington National Cemetery, but only 

the source of a quote from the Bible or 

similar religious text may be inscribed 

on the headstone; 

(B) Dates of birth; 

(C) Places of birth and death; 

(D) Terms of endearment to identify a 

relationship, e.g., Beloved Father, 

Loving Mother. 

(3) The following optional elements 

may be placed on the rear or on the 

sides: 

(i) Official titles held in civilian life; 

(ii) Insignia of fraternities and 

societies, as long as they are not 

considered derogatory, demeaning, or 

unrelated to the decedent; they would 

not bring embarrassment to anyone; or 

they would not bring discredit to the 

United States. 

(4) The following optional elements 

shall be permitted on the rear of the 

headstone only: 

(i) Family name; 

(ii) Trademarks or copyright 

designations, placed in the lower lefthand corner of the rear face of the die, 

not more than six inches above the base 

line or above ground level in case of 

one-piece headstones. The symbol may 

be incised in the headstone or a nonstaining metal piece inserted flush with 

the surface of the headstone. The 

symbol will not exceed 11⁄4 inches at its 

greatest dimension. 

(iii) Names of other family members 

who are authorized a memorial marker 

in accordance with § 553.20 and do not 

have a memorial marker elsewhere on 

Arlington National Cemetery or any 

other cemetery. The words ‘‘In 

Memoriam’’ or ‘‘In Memory Of’’ are 

mandatory elements of these 

inscriptions. 

(5) The following inscriptions are 

prohibited: 

(i) Names of living persons; 

(ii) Names of other family members 

who are not interred at a gravesite and 

who are not authorized a memorial 

marker in accordance with these 

regulations; and 


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(iii) The name of a purchaser or 

erector of a marker or headstone. 

§ 553.38 Memorial and commemorative 

monuments (other than private headstones 

or markers). 

(a) Monuments to memorialize or 

commemorate an individual, group, or 

event may be erected on Arlington 

National Cemetery, or land designated 

to be transferred to Arlington National 

Cemetery, following joint or concurrent 

resolution of the Congress. 

(b) Future monuments that are 

authorized for placement in Arlington 

National Cemetery should be memorial 

monuments of preeminent historical 

and lasting significance to the United 

States and contain remains or mark the 

location of remains in close proximity. 

(c) Commemorative monuments 

dedicated to events in history, 

individuals or units of the armed forces 

are limited due to limited burial space. 

Land use for commemorative 

monuments comes at the expense of 

future interments of members of the 

armed forces. 

(d) All designs of monuments must be 

approved by the Commission of Fine 

Arts, in accordance with 40 U.S.C. 9102. 

§ 553.39 Tributes in Arlington National 

Cemetery to commemorate individuals, 

events, units, groups, and organizations. 

(a) Tributes include plaques, medals, 

and statues and will only be displayed 

in the Memorial Display Room at the 

Arlington National Cemetery 

Amphitheater. Tributes will not be 

affixed to Cemetery property, such as 

trees or donated items. 

(b) Tributes may be offered by: 

(1) Veterans’ organizations (e.g., those 

listed in the Directory of Veterans 

Service Organizations, those recognized 

by the Department of Veterans Affairs 

for each State, or those substantially 

similar in nature), but not including 

their subdivisions, may offer tributes for 

display at Arlington National Cemetery. 

(2) Foreign dignitaries may present 

tributes as part of an official ceremony. 

(3) Tributes will not be accepted from 

individuals. 

(c) Design requirements: 

(1) The design of the tribute must be 

artistically proportioned and 

appropriately honor heroic military 

service or distinguished, notable, or 

patriotic civilian service, as determined 

by the Superintendent, Arlington 

National Cemetery. 

(2) The material and workmanship of 

the tribute must be of the highest quality 

and free of flaws and imperfections, as 

determined by the Superintendent, 

Arlington National Cemetery. 

(3) The surface area of the tribute, 

including the mounting, must not 

exceed 36 square inches; and the 

thickness or height must not exceed 2 

inches when mounted. 

(4) Tributes to the Unknowns must 

include, either in the basic design or on 

a small plate affixed thereto, a clear 

indication of such commemoration. 

Some examples follow: 

(i) In Memory of the American Heroes 

Known but to God. 

(ii) The American Unknowns. 

(iii) The Unknown American Heroes. 

(iv) The Unknown Soldier. 

(v) The Unknown of World War II. 

(vi) The Unknown of the Korean War. 

(vii) The Unknown American of 

World War II. 

(viii) The Unknown American of the 

Korean War. 

(d) Donated items that comply with 

this section may be accepted and placed 

to honor the memory of a person or 

persons interred in Arlington National 

Cemetery or those dying in the military 

service of the United States or its allies. 

This provision is subject to the 

Superintendent of Arlington National 

Cemetery’s approval, Army regulations, 

and current cemetery policy. 

(e) Only one tribute will be accepted 

and displayed from an organization. If 

an organization would like to present an 

updated tribute, the old tribute will be 

returned to the organization. The 

organization will then forward the new 

tribute to the Superintendent, Arlington 

National Cemetery, for inspection prior 

to acceptance. If the tribute is approved 

by the Superintendent, Arlington 

National Cemetery, and a presentation 

ceremony is not desired, the 

Superintendent will inform the 

sponsoring organization of the tribute’s 

placement in the Memorial Display 

Room. If the tribute is approved, the 

sponsoring organization may arrange an 

appropriate presentation ceremony with 

Arlington National Cemetery. 

§ 553.40 Requests to conduct memorial 

services and ceremonies. 

(a) Requests by members of the public 

to conduct memorial services or 

ceremonies, except for private memorial 

services, shall be submitted to the 

Superintendent, Arlington National 

Cemetery, and include a description of 

the proposed memorial service, 

including: 

(1) The type of service; 

(2) The proposed location; 

(3) The name of the individual or 

organization sponsoring the service; 

(4) The names of all key individuals 

participating in the service; 

(5) The estimated number of persons 

expected to attend the service; 

(6) The expected length of the service; 

(7) The service’s format and content; 

(8) Whether permission is requested 

to use audio devices without 

headphones, musical instruments, a 

loudspeaker system, or a flag during the 

service, and if so, the number, type, and 

how they are planned to be used; and 

(9) Whether military support is 

requested. 

(b) Individuals and organizations 

sponsoring a memorial service or 

ceremony shall provide written 

assurance that the service or ceremony 

is not partisan in nature, as defined in 

§ 553.1, and that they and their 

members will obey these rules at all 

times while in Arlington National 

Cemetery. 

(c) Requests to conduct official 

ceremonies shall be submitted to the 

Commander, U.S. Army Military District 

of Washington, Fort Lesley J. McNair, 

Washington, DC 20319–6060. 

(d) Private memorial services, 

memorial services or ceremonies may be 

conducted only after permission has 

been received from the Superintendent, 

Arlington National Cemetery. Memorial 

services and ceremonies may be 

conducted only in the following 

designated areas: 

(1) Private memorial services may be 

conducted only at the gravesite of a 

relative or former acquaintance. 

(2) After receiving permission from 

the Superintendent, public memorial 

services may be conducted at the 

Arlington Memorial Amphitheater, the 

Confederate Memorial, the John F. 

Kennedy Grave, or other sites 

designated by the Superintendent, 

Arlington National Cemetery. 

(3) Public wreath-laying ceremonies 

may be conducted at the Tomb of the 

Unknowns. 

(4) Official ceremonies may be 

conducted at sites designated by the 

Superintendent, Arlington National 

Cemetery. 

(e) The wreath or memento must first 

be approved by the Superintendent, 

Arlington National Cemetery. 

§ 553.41 Conduct of memorial services 

and ceremonies. 

(a) Superintendent, Arlington 

National Cemetery, will ensure the 

sanctity of public and private 

ceremonial events. 

(b) All memorial services and 

ceremonies within Arlington National 

Cemetery, other than official 

ceremonies, shall be conducted in 

accordance with the following: 

(1) Memorial services and ceremonies 

shall be purely memorial in purpose 

and may be dedicated only to: 

(i) The memory of all those interred, 

inurned, or memorialized in Arlington 

National Cemetery; 


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(ii) The memory of all those dying in 

the military service of the United States 

while serving during a particular 

conflict or while serving in a particular 

military unit or units; or 

(iii) The memory of the individual or 

individuals to be interred, inurned, or 

memorialized at the particular site at 

which the service or ceremony is held. 

(2) [Reserved] 

(c) Memorial services and ceremonies 

at Arlington National Cemetery will not 

be partisan in nature. Partisan activities 

are inappropriate in Arlington National 

Cemetery due to the Cemetery’s role as 

a National shrine to all the honored 

dead of the Armed Forces of the United 

States and out of respect for the 

individuals buried there and for their 

families. 

(d) Participants in public memorial 

services at the John F. Kennedy Grave 

and public wreath-laying ceremonies 

shall remain silent during the ceremony. 

(e) Public memorial services and 

public wreath-laying ceremonies shall 

be open to all members of the public to 

observe. 

(f) Participants in public wreathlaying ceremonies shall follow all 

instructions of the Tomb Guards and the 

Superintendent, Arlington National 

Cemetery, and Commanding General, 

Military District of Washington, as 

appropriate, relating to their conduct of 

the ceremony. 

(g) Personal appearance and dress of 

persons participating in ceremonies at 

the Tomb of the Unknowns shall adhere 

to the dress standards expected of such 

dignified occasions. The 

Superintendent, Arlington National 

Cemetery, or designated representative; 

the Sergeant of the Guard; and Relief 

Commanders have the authority to 

prohibit a person in non-appropriate 

attire from participating in a wreath 

ceremony at the Tomb of the 

Unknowns. At a minimum, the 

following dress code shall be followed: 

(1) Male: A collared shirt, casual 

slacks, and appropriate shoes. 

(2) Female: A blouse, casual slacks, 

skirt or dress, appropriate shoes. 

(3) Inappropriate attire for 

participation in ceremonies includes, 

but is not limited to, blue jeans, patched 

pants, shorts of any kind (except when 

part of an established uniform, e.g. 

Scout Uniforms, Foreign Military 

Uniforms, and period Military 

Uniforms), tank tops, halter tops, tee 

shirts, shower-type shoes, tube tops, and 

shirts that expose the midriff. 

§ 553.42 Visitors rules for Arlington 

National Cemetery. 

(a) Visitors hours. Visitors hours shall 

be established by the Superintendent, 

Arlington National Cemetery, and 

posted in conspicuous places. Unless 

otherwise posted or announced by the 

Superintendent, Arlington National 

Cemetery, visitors will be admitted 

every day during the following hours: 

(1) October through March: Open 8 

a.m.–Close 5 p.m. 

(2) April through September: Open 8 

a.m.–Close 7 p.m. 

(3) No visitor is permitted to enter or 

remain in Arlington National Cemetery 

beyond the time established by the 

applicable visitors’ hours. 

(b) Destruction or removal of property. 

No person shall destroy, damage, 

mutilate, alter, or remove any 

monument, gravestone, structure, tree, 

shrub, plant, or other property located 

within Arlington National Cemetery. 

(c) Conduct within Arlington National 

Cemetery. Arlington National Cemetery 

is a shrine to the honored dead of the 

Armed Forces of the United States and 

certain acts, appropriate elsewhere, are 

not appropriate in Arlington National 

Cemetery. All visitors, including 

persons attending or taking part in 

memorial services and ceremonies, shall 

observe proper standards of decorum 

and decency while in Arlington 

National Cemetery. Specifically, no 

person shall: 

(1) Conduct any memorial service or 

ceremony within Arlington National 

Cemetery, except private memorial 

services, without the prior approval of 

the Superintendent, Arlington National 

Cemetery, or designated representative. 

(2) Engage in any picketing, 

demonstration, or similar conduct in 

Arlington National Cemetery. 38 U.S.C. 

2413, and 18 U.S.C. 1387 provide basic 

statutory authority with regard to 

prohibition of certain demonstrations at 

or within 300 feet of Arlington National 

Cemetery and penalty for violation of 

prohibition. 

(3) Engage in any orations, speeches, 

or similar conduct to assembled groups 

of people, unless such actions are part 

of a memorial service or ceremony 

authorized by the Superintendent, 

Arlington National Cemetery. 

(4) Display any placards, banners, 

flags, or similar devices within 

Arlington National Cemetery, unless 

first approved by the Superintendent, 

Arlington National Cemetery, for use in 

an authorized memorial service or 

ceremony. 

(5) Distribute any handbill, pamphlet, 

leaflet, or other written or printed 

matter within Arlington National 

Cemetery, except for a program 

approved by the Superintendent, 

Arlington National Cemetery, to provide 

to attendees of an authorized memorial 

service or ceremony. 

(6) Allow any dog, cat, or other pet to 

run loose within Arlington National 

Cemetery. 

(7) Use the cemetery grounds for 

recreational activities (e.g., sports or 

picnics). 

(8) Ride a bicycle in Arlington 

National Cemetery, except with a proper 

pass issued by the Superintendent, 

Arlington National Cemetery, to visit a 

loved ones’ gravesite or niche. Bicycle 

racks are provided at the Visitors’ 

Center for all other bicycle traffic. An 

individual visiting a relative’s gravesite 

or niche may be issued a temporary pass 

by the Superintendent, Arlington 

National Cemetery, to proceed directly 

to and from the gravesite or niche by 

bicycle. 

(9) Operate an audio device (such as 

a radio or compact disc player) without 

using a headset, play a musical 

instrument, or use a loudspeaker within 

Arlington National Cemetery. The 

Superintendent, Arlington National 

Cemetery, may allow such use during an 

authorized memorial service or 

ceremony. 

(10) Drive any motor vehicle within 

Arlington National Cemetery in excess 

of the posted speed limits, or in excess 

of 20 miles per hour if no speed limit 

is posted. 

(11) Park any motor vehicles in any 

area of Arlington National Cemetery 

designated as a no-parking area. 

(12) Leave any vehicle in the Visitors’ 

Center parking area or anywhere else in 

Arlington National Cemetery after 

closing hours. 

(13) Engage in any disorderly conduct 

within Arlington National Cemetery. 

Disorderly conduct includes, but is not 

limited to: 

(i) Causing a public inconvenience, 

annoyance, or alarm. 

(ii) Engaging in, promoting, 

instigating, encouraging, threatening, 

aiding, or abetting violent or tumultuous 

behavior or fights. 

(iii) Yelling, uttering loud and 

boisterous language, or making other 

unreasonably loud noise. 

(iv) Interrupting or disturbing a 

memorial service or ceremony. 

(v) Uttering to any person abusive, 

insulting, profane, indecent, or 

otherwise provocative language or 

gesture that, by its very utterance, tends 

to incite an immediate breach of the 

peace. 

(vi) Obstructing movement on the 

streets, sidewalks, or pathways of 

Arlington National Cemetery without 

prior authorization by appropriate 

Cemetery authorities. 

(vii) Disobeying a request or order by 

the Superintendent, Arlington National 

Cemetery; U.S. Park Police; or other 


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appropriate authority to disperse or 

leave Arlington National Cemetery. 

(viii) Creating a hazardous or 

physically offensive condition. 

(d) Vehicular traffic. All visitors, 

including persons attending or taking 

part in memorial services and 

ceremonies, will observe the following 

rules concerning motor vehicle traffic 

within Arlington National Cemetery: 

(1) Visitors not entitled to a vehicle 

pass are required to park their vehicles 

in the Visitors’ Center parking area. 

(2) Only the following categories of 

vehicles will be permitted access to 

Arlington National Cemetery roadways 

and issued a permanent or temporary 

pass from the Superintendent of 

Arlington National Cemetery: 

(i) Official Federal Government 

vehicles having official Federal 

Government business. 

(ii) Vehicles carrying persons on 

official cemetery business. 

(iii) Vehicles forming part of an 

authorized funeral procession. 

(iv) Vehicles carrying persons visiting 

the Arlington National Cemetery 

gravesites of relatives or loved ones 

interred, inurned, or memorialized 

within Arlington National Cemetery. 

(v) Arlington National Cemetery and 

National Park Service (NPS) 

maintenance vehicles. 

(vi) Vehicles of contractors who are 

authorized to perform work within 

Arlington National Cemetery. 

(vii) Concessionaire tour buses 

authorized by the Superintendent, 

Arlington National Cemetery or 

designated representative, to operate in 

Arlington National Cemetery. 

§ 553.43 Soliciting and vending. 

The display or distribution of 

commercial advertising or solicitation of 

business to the public is strictly 

prohibited within Arlington National 

Cemetery, except for the Visitors’ Center 

Book Store and authorized mobile tour 

operations. 

§ 553.44 Media. 

(a) General rules for media. (1) Media 

operations and policies will aim to 

consistently achieve the appropriate 

balance of the media and the privacy 

considerations of family members. 

(2) Media will not use Arlington 

National Cemetery for any partisan 

activity, as defined in § 553.1. 

(3) All media entering Arlington 

National Cemetery must be authorized 

by the Superintendent, Arlington 

National Cemetery or designated 

representative. Media will receive a 

briefing about the general media 

guidelines before the Superintendent, 

Arlington National Cemetery, or 

designated representative authorizes 

their media presence. 

(4) If approval to film or photograph 

in the cemetery is denied, media may 

not use other measures to gain entrance 

to the cemetery for those purposes. 

Furthermore, attempts to disrupt or 

interfere in private, public or official 

ceremonies will result in immediate 

removal from the cemetery. 

(5) All media attending a funeral or 

service will be escorted by a designated 

cemetery representative at all times 

while within the boundaries of the 

cemetery. 

(6) The decedent’s primary next of kin 

must agree to the presence of the media 

before media presence is allowed to 

attend a funeral or private memorial 

service. 

(7) Dress Code. All media are required 

to dress appropriately for public and 

private ceremonies, service, and 

funerals. Apparel must be similar to that 

worn by the mourners, e.g., collared 

shirts and trousers. Headgear will be 

removed as appropriate during 

ceremonies, services, and funerals (e.g., 

civilians should remove their headgear 

during the playing of the National 

Anthem or Taps). No food, drink, or 

smoking is permitted. 

(8) All electronic communication 

devices, including cell phones, must be 

turned off or to a silent mode. 

(9) Remotely placed microphones are 

not authorized for use at Arlington 

National Cemetery. 

(b) Interview rules. (1) All interviews 

must be pre-coordinated with Arlington 

National Cemetery. No interviews are 

authorized unless approved by the 

Superintendent, Arlington National 

Cemetery or designated representative. 

(2) No interviews of attendees of 

funerals or private memorial services 

are authorized on Arlington National 

Cemetery. Such interviews may be 

conducted outside of Arlington National 

Cemetery. 

(3) Interviews are prohibited at the 

following locations: 

(i) Tomb of the Unknown Soldier; 

(ii) Any of the Kennedy family 

gravesites, including the gravesites of 

President John F. Kennedy and Robert 

F. Kennedy, located in Section 45. 

(c) Rules for live television coverage. 

(1) Live television coverage must be 

authorized by the Superintendent, 

Arlington National Cemetery. 

(2) Live television coverage at remote 

sites in the cemetery shall be confined 

to subjects relevant to the cemetery (e.g., 

Veterans Day, Memorial Day). Other 

coverage must be broadcasted from the 

network location. 

(3) All media outlets going live at 

official ceremonies shall be located at 

the cemetery’s designated locations. 

Exceptions may be granted for a media 

pool camera. If an exception is granted, 

pool video footage shall be shared with 

other media covering the event. 

(d) Rules for filming. (1) All requests 

by the television and motion picture 

industries to film at Arlington National 

Cemetery shall be submitted to the 

Superintendent, Arlington National 

Cemetery, for approval or disapproval 

by the Superintendent, the Office of the 

Chief of Public Affairs—Los Angeles, 

and the Department of Defense. 

(2) Approval will be based on the 

following: 

(i) The subject matter shall be factual 

and historically accurate, or represent a 

feasible interpretation of military life, 

operations, and policies. 

(ii) The project should further the 

public’s understanding of the United 

States Armed Forces. 

(iii) The project should enhance 

recruiting and retention efforts of the 

United States Armed Forces. 

(iv) The project shall not appear to 

condone or endorse activities which are 

contrary to United States government 

policy. 

§ 553.45 Videography. 

(a) Videographers are prohibited from 

soliciting at Arlington National 

Cemetery. 

(b) Dress Code. All videographers and 

their assistants shall dress appropriately 

for private and public ceremonies, 

memorial services, and funerals. Their 

apparel shall be similar to that worn by 

the mourners, e.g., collared shirts and 

trousers. Hats will be removed as 

appropriate during ceremonies, services, 

and funerals (e.g., during the playing of 

Taps). No food, drink, smoking or cell 

phones are permitted in the press areas. 

(c) Videographers shall not interfere 

with private and public ceremonies, 

services and funerals and will be 

located with media outlets, as 

appropriate. Attempts to disrupt or 

interfere with private or public 

ceremonies will result in immediate 

removal from the cemetery. 

(d) Microphones will not be used at 

the gravesites. 

(e) Approval from the decedent’s 

family must be obtained before releasing 

any footage to anyone other than the 

family. 

(f) Filming in the Administration 

Building at Arlington National Cemetery 

is prohibited. 

(g) The hiring of a videographer is a 

private agreement between the 

decedent’s family and the videography 

company. As such, Arlington National 

Cemetery shall not solicit videographers 

nor involve itself with any contract 


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1The parties were unable to reach agreement 

regarding the rates and terms for the use of musical 

works in the making and distributing of physical 

phonorecords, permanent digital downloads, and 

ringtones. Consequently, the rates and terms for 

these products were the subject of a full hearing 

before the Judges. The Judges will determine these 

rates and terms, and those rates and terms also will 

be contained in proposed Part 385 of title 37 of the 

Code of Federal Regulations. Today’s notice of 

proposed rulemaking discusses only the proposed 

regulations regarding limited downloads, 

interactive streaming and incidental digital 

phonorecord deliveries. 

disputes between the decedent’s family 

and the videographer or videography 

company. 

§ 553.46 Penalties. 

Any person or entity that violates the 

provisions of this regulation may be 

barred from entering the cemetery, 

including participating in memorial 

services and ceremonies within the 

cemetery, for two (2) years from the date 

of such violation. Individuals may also 

be subject to the penalties set out in 

Title 36 Code of Federal Regulations, 

Chapter 1, Section 1.5(f). 

[FR Doc. E8–22925 Filed 9–30–08; 8:45 am] 

BILLING CODE 3710–08–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

37 CFR Part 385 

[Docket No. 2006–3 CRB DPRA] 

Mechanical and Digital Phonorecord 

Delivery Rate Determination 

Proceeding 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Copyright Royalty Judges 

are publishing for comment proposed 

regulations that set the rates and terms 

for the use of musical works in limited 

downloads, interactive streaming and 

incidental digital phonorecord 

deliveries. 

DATES: Comments and objections, if any, 

are due no later than October 31, 2008. 

ADDRESSES: Comments and objections 

may be sent electronically to 

crb@loc.gov. In the alternative, send an 

original, five copies, and an electronic 

copy on a CD either by mail or hand 

delivery. Please do not use multiple 

means of transmission. Comments and 

objections may not be delivered by an 

overnight delivery service other than the 

U.S. Postal Service Express Mail. If by 

mail (including overnight delivery), 

comments and objections must be 

addressed to: Copyright Royalty Board, 

P.O. Box 70977, Washington, DC 20024– 

0977. If hand delivered by a private 

party, comments and objections must be 

brought to the Copyright Office Public 

Information Office, Library of Congress, 

James Madison Memorial Building, 

Room LM–401, 101 Independence 

Avenue, SE., Washington, DC 20559– 

6000. If delivered by a commercial 

courier, comments and objections must 

be delivered between 8:30 a.m. and 4 

p.m. to the Congressional Courier 

Acceptance Site located at 2nd and D 

Street, NE., Washington, DC, and the 

envelope must be addressed to: 

Copyright Royalty Board, Library of 

Congress, James Madison Memorial 

Building, LM–403, 101 Independence 

Avenue, SE., Washington, DC 20559– 

6000. 

FOR FURTHER INFORMATION CONTACT: 

Richard Strasser, Senior Attorney, or 

Gina Giuffreda, Attorney-Advisor, by 

telephone at (202) 707–7658 or e-mail at 

crb@loc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 115 of the Copyright Act, title 

17 of the United States Code, also 

known as the mechanical compulsory 

license, requires a copyright owner of a 

nondramatic musical work to grant a 

license to any person who wants to 

make and distribute phonorecords of 

that work, provided that the copyright 

owner has allowed phonorecords of the 

work to be produced and distributed, 

and that the licensee complies with the 

statute and regulations. 

On November 1, 1995, Congress 

passed the Digital Performance Right in 

Sound Recordings Act of 1995 

(‘‘DPRSRA’’), Public Law No. 104–39, 

109 Stat. 336, which extended the 

mechanical license to digital 

phonorecord deliveries. 17 U.S.C. 

115(c)(3). Consequently, the license now 

covers digital transmissions of 

phonorecords in addition to the 

physical copies such as compact discs, 

vinyl and cassette tapes. 

Until it was abolished in 1993, the 

Copyright Royalty Tribunal (‘‘CRT’’) had 

authority to adjust the statutory rates for 

the making and distributing of physical 

phonorecords and did so in 1987. See 

1987 Adjustment of the Mechanical 

Royalty Rate, Docket No. CRT 87–3–87 

MRA, 52 FR 22637 (June 15, 1987). In 

1993, Congress replaced the CRT with a 

system under which the mechanical 

royalty rate was determined by 

Copyright Arbitration Royalty Panels 

(‘‘CARP’’) under the supervision of the 

Librarian of Congress. See Copyright 

Royalty Tribunal Reform Act of 1993, 

Public Law No. 103–198, 107 Stat. 2304. 

Unlike the CRT, the CARPs were 

authorized to adopt terms, in addition to 

setting the rates, for the mechanical 

license. The rates and terms for the 

mechanical license were adjusted 

periodically under the CARP system 

and appear in 37 CFR Part 255. 

However, in the Copyright Royalty and 

Distribution Reform Act of 2004, Public 

Law No. 108–419, Congress transferred 

jurisdiction over these rates and terms 

to the Copyright Royalty Judges 

(‘‘Judges’’). 17 U.S.C. 801(b)(1). 

On January 9, 2006, pursuant to 17 

U.S.C. 803(b)(1)(A)(i)(V), the Judges 

published a notice in the Federal 

Register announcing the 

commencement of the proceeding to 

determine rates and terms for the 

compulsory license under section 115 

and requesting interested parties to 

submit their petitions to participate. 

Adjustment or Determination of 

Compulsory License Rates for Making 

and Distributing Phonorecords, Docket 

No. 2006–3 CRB DPRA, 71 FR 1454 

(January 9, 2006). Petitions to 

participate were received from the 

following entities: Royalty Logic, Inc; 

the Songwriters Guild of America; the 

National Music Publishers’ Association, 

Inc., the Songwriters Guild of America, 

and the Nashville Songwriters 

Association International, jointly 

(collectively, ‘‘Copyright Owners’’); 

Apple Computer, Inc.; America Online, 

Inc.; RealNetworks, Inc.; Napster, LLC; 

Sony Connect, Inc.; Digital Media 

Association (‘‘DiMA’’); Yahoo! Inc.; 

MusicNet, Inc.; MTV Networks, Inc.; 

and Recording Industry Association of 

America (‘‘RIAA’’). 

The Judges set the schedule for the 

proceeding for both the direct and 

rebuttal phases of the proceeding, 

including the dates for the filing of 

written statements and the dates for oral 

testimony for each phase. During the 

oral presentation of the rebuttal phase, 

the parties informed the Judges that they 

had reached a settlement regarding the 

rates and terms for ‘‘limited downloads 

and interactive streaming, including all 

known incidental digital phonorecord 

deliveries.’’ See Joint Motion to Adopt 

Procedures for Submission of Partial 

Settlement at 1 (filed May 15, 2008). 

The proposed rates and terms codifying 

the settlement agreement were filed on 

September 22, 2008.1

Section 801(b)(7) of the Copyright Act 

authorizes the Judges to adopt rates and 

terms negotiated by ‘‘some or all of the 

participants in a proceeding at any time 

during the proceeding’’ provided they 

are submitted to the Judges for approval. 

This section provides that in such event: 


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