[Federal Register Volume 61, Number 120 (Thursday, June 20, 1996)] [Proposed Rules] [Pages 31479-31481] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-15711] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 1 RIN 2900-AI21 Disinterments in National Cemeteries AGENCY: Department of Veterans Affairs. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Department of Veterans Affairs (VA) proposes to amend regulations concerning disinterments from national cemeteries. Current regulations permit disinterment of persons buried in a national cemetery with the consent of immediate family members. The definition of immediate family members includes a surviving spouse only if unmarried. It is proposed [[Page 31480]] to change the definition of immediate family members for purposes of disinterments to include a surviving spouse regardless of whether remarried or not. This appears to be necessary since we believe the emotional ties of the surviving spouse would be sufficient to justify his or her consent as a condition of disinterment. This document also would make nonsubstantive changes for purposes of clarification. DATES: Comments must be received on or before August 19, 1996. ADDRESSES: Mail written comments to: Director, Office of Regulations Management (02D), Department of Veterans Affairs, 810 Vermont Ave., NW, Washington, DC 20420, or hand deliver written comments to: Office of Regulations Management, Room 1176, 801 Eye Street, NW., Washington, DC 20001. Comments should indicate that they are submitted in response to ``RIN 2900-AI21.'' All written comments will be available for public inspection in the Office of Regulations Management, Room 1176, 801 Eye Street, NW., Washington, DC 20001 between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday (except holidays). FOR FURTHER INFORMATION CONTACT: Mr. Ken Greenberg, Program Analyst, Communications Division (402B1), National Cemetery System, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420. Telephone: 202-273-5179 (this is not a toll-free number). SUPPLEMENTARY INFORMATION: As stated in 38 CFR 1.621, burials in VA national cemeteries are considered permanent and final and disinterments are permitted only for cogent reasons. The current regulations concerning disinterments from national cemeteries (38 CFR 1.621) require the written and notarized consent of all living immediate family members of the decedent in order for a disinterment request to be approved. The current regulations, however, do not require the notarized signature of the surviving spouse of the deceased if the spouse has married again. It appears that approving a disinterment without the consent of all living immediate family members including a remarried surviving spouse does not adequately serve the needs of veterans and their families. For example, a spouse may die and be buried in a national cemetery. The surviving spouse later remarries and the National Cemetery System (NCS) receives a written and notarized disinterment request from all family members except the remarried spouse. Under current regulations, NCS takes action concerning the disinterment without the remarried spouse being notified, thereby eliminating any opportunity to object. Furthermore, a remarried surviving spouse may, now, upon the termination of the remarriage, regain eligibility for burial in a national cemetery as the surviving spouse of an eligible decedent. See Pub. L. No. 103-446, section 802, 108 Stat. 4675 (1994); 38 U.S.C. 2402(5). VA requires that disinterment requests be executed on VA Form 40- 4970, Request for Disinterment. VA would amend that form accordingly to reflect the change in regulations if the proposed rule is made final. In addition, the second sentence of current Sec. 1.621(c), which states that the Department of Veterans Affairs or officials of the cemetery should not be made a party to a court action regarding disinterment, would be deleted since it has no binding effect. Paperwork Reduction Act The collection of information contained in this notice of proposed rulemaking has been submitted to the Office of Management and Budget for review in accordance with the Paperwork Reduction Act (44 U.S.C. 3504(h)). Comments on the collection of information should be sent to the Office of Management and Budget, Attention: Desk Officer for the Department of Veterans Affairs, Office of Information and Regulatory Affairs, Washington, DC 20503, with copies to the Director, Office of Regulations Management (02D), Department of Veterans Affairs, 810 Vermont Avenue, NW, Washington, DC 20420. This collection of information included in 38 CFR 1.621 concerns an application for authority to disinter remains that must be submitted on VA Form 40-4970. It is proposed to change the information on the form to reflect that the written and notarized consent of a remarried surviving spouse is prerequisite for a disinterment from a national cemetery. The Department of considers comments by the public on these proposed collections of information in--Evaluating whether the proposed collection(s) of information are necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; Evaluating the accuracy of the Department's estimate of the burden of the proposed collection(s) of information, including the validity of the methodology and assumptions used; Enhancing the quality, usefulness, and clarity of the information to be collected; and Minimizing the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. OMB is required to make a decision concerning the proposed collections of information contained in this document between 30 and 60 days after publication of this document in the Federal Register. Therefore, a comment to OMB is best assured of having its full effect if OMB receives it within 30 days of publication. This does not affect the deadline for the public to comment to the Department on the proposed regulations. Title: Application for a Disinterment from a National Cemetery. Summary of collection of information: The Department requires an application with approval of all immediate family members of a decedent in order for VA to authorize disinterment of a decedent's remains from a national cemetery. The requested information is necessary in order to obtain the approval of a remarried surviving spouse of a decedent for disinterment. Previously, a remarried surviving spouse has not been considered an immediate family member. Description of the need for information and proposed use of information: The requested information is necessary to obtain the approval of a remarried surviving spouse of a decedent for disinterment from a national cemetery. Description of likely respondents: Surviving remarried spouses of decedents interred in national cemeteries. Estimated total annual reporting burden: 33 hours. Estimated annual burden per respondent: 10 minutes. Estimated number of respondents: 200. Estimated annual frequency of responses: 1. The Secretary certifies that this proposed rule will not have a significant economic impact on a substantial number of small entities as they are defined in the Regulatory Flexibility Act, 5 U.S.C. 601- 612. Pursuant to 5 U.S.C. 605(b), the proposed amended regulation is exempt from the initial and final regulatory flexibility analyses requirements of sections 603 and 604. This certification can be made because [[Page 31481]] the amendment does not affect any small entities. Only individual VA beneficiaries could be directly affected. The proposed rule is not subject to the Office of Management and Budget review pursuant to E.O. 12291. Catalog of Federal Domestic Assistance Number for programs affected by this regulation are 64.201 and 64.202. List of Subjects in 38 CFR Part 1 Administrative practice and procedure, Cemeteries, Claims, Privacy, Security. Approved: June 11, 1996. Jesse Brown, Secretary of Veterans Affairs. For the reasons set out in the preamble, 38 CFR part 1 is proposed to be amended as follows: PART 1--GENERAL PROVISIONS 1. The authority citation for part 1 continues to read as follows: Authority: 38 U.S.C. 501(a), unless otherwise noted. 2. In Sec. 1.621, paragraph (c) is amended by removing the second sentence; paragraph (d) and the designation ``[Reserved]'' are removed; paragraph (e) is redesignated as paragraph (d); and paragraphs (a) and (b)(2) are revised to read as follows: Sec. 1.621 Disinterments from national cemeteries. (a) Interments of eligible decedents in national cemeteries are considered permanent and final. Disinterment will be permitted only for cogent reasons and with the prior written authorization of the National Cemetery Area Office Director or Cemetery Director responsible for the cemetery involved. Disinterment from a national cemetery will be approved only when all living immediate family members of the decedent, and the person who initiated the interment (whether or not he or she is a member of the immediate family), give their written consent, or when a court order or State instrumentality of competent jurisdiction directs the disinterment. For purposes of this section, ``immediate family members'' are defined as surviving spouse, whether or not he or she is remarried, all adult children of the decedent, the appointed guardian(s) of minor children, and the appointed guardian(s) of the surviving spouse or of the adult child(ren) of the decedent. If the surviving spouse and all of the children of the decedent are deceased, the decedent's parents will be considered ``immediate family members.'' (b) * * * (1) * * * (2) Notarized statement(s) by all living immediate family members of the decedent, and the person who initiated the interment (whether or not he or she is a member of the immediate family), that they consent to the proposed disinterment. * * * * * [FR Doc. 96-15711 Filed 6-19-96; 8:45 am] BILLING CODE 8320-01-M