80 FR 19534 - Reimbursement for Caskets and Urns for Burial of Unclaimed Remains in a National Cemetery

DEPARTMENT OF VETERANS AFFAIRS

Federal Register Volume 80, Issue 70 (April 13, 2015)

Page Range		19534-19538
FR Document		2015-08388

The Department of Veterans Affairs (VA) National Cemetery Administration (NCA) amends its regulations to establish a new program to provide reimbursement for caskets and urns for the interment of the remains of veterans with no known next-of-kin and where sufficient financial resources are not available for this purpose.

Federal Register, Volume 80 Issue 70 (Monday, April 13, 2015)

[Federal Register Volume 80, Number 70 (Monday, April 13, 2015)]
[Rules and Regulations]
[Pages 19534-19538]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-08388]

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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 38

RIN 2900-AO99

Reimbursement for Caskets and Urns for Burial of Unclaimed
Remains in a National Cemetery

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: The Department of Veterans Affairs (VA) National Cemetery
Administration (NCA) amends its regulations to establish a new program
to provide reimbursement for caskets and urns for the interment of the
remains of veterans with no known next-of-kin and where sufficient
financial resources are not available for this purpose.

DATES: Effective date: The final rule is effective May 13, 2015.
Applicability date: The final rule applies to claims for reimbursement
for burial receptacles for individuals who died on or after January 10,
2014.

FOR FURTHER INFORMATION CONTACT: Andrina Brown, Office of Field
Programs (41A), National Cemetery Administration (NCA), Department of
Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420.
Telephone: (202) 461-6833 (this is not a toll-free number).

SUPPLEMENTARY INFORMATION: In a document published on July 2, 2014 (79
FR 37698), VA proposed revising its regulations governing burial in
national cemeteries to implement new authority under section 2306 of
title 38, United States Code (U.S.C.), to furnish a casket or urn for
interment in a VA national cemetery of the unclaimed remains of
veterans for whom VA cannot identify a next-of-kin and determines that
sufficient financial resources for the furnishing of a casket or urn
for burial are not otherwise available. The 30-day public comment
period ended on August 1, 2014. VA received fourteen comments from
interested individuals and organizations. To address some of those
comments, as will be explained in detail below, VA added a new
paragraph (b) and redesignated proposed paragraphs (b), (c), and (d) as
paragraphs (c), (d), and (e), respectively.
Eight commenters expressed support for the proposed amendment. We
thank these individuals for taking the time to review and comment on
the rulemaking. We make no changes to the regulation based on these
comments.
One commenter suggested that VA contract with online providers of
caskets and urns to make bulk purchases of caskets and urns, which
would then be shipped to individuals who apply online. As discussed in
the preamble to the proposed rulemaking, VA considered the direct
purchase option but determined that would be a less efficient and
economical means of administering this benefit. Development of an
online application portal and establishment of contractual
relationships with suppliers would require considerable time and would
delay VA's ability to timely provide this benefit as needs arise. The
expense required to contract and to build an online portal would
decrease the resources available to provide the benefit itself. The
commenter stated that he felt the suggestion would allow for ``quality
control.'' As we indicated in the preamble to the proposed rulemaking,
unclaimed veteran remains are often in the custody of funeral homes or
others who are authorized under state law to dispose of unclaimed
remains. 79 FR at 37699. Therefore, we believe they are likely familiar
with procuring burial receptacles. We further

[[Page 19535]]

expect that those who will provide caskets or urns will use the same
suppliers from whom they purchase caskets and urns for the families
they serve in their normal course of business and that the caskets and
urns they purchase will be of no lesser quality than those provided for
family-requested funeral services. Further, as we provide in
redesignated Sec. 38.628(c)(5), VA will visually inspect the casket or
urn when it is presented at the national cemetery to ensure that it
corresponds to the description in the invoice and meets NCA's
specifications, which are intended to ensure safe handling and
integrity of veteran remains. Accordingly, VA makes no changes based on
this comment.
Another commenter urged that we implement this benefit so that it
is ``not cumbersome to administer and is fair in the time it takes to
reimburse.'' We believe that the reimbursement program we have outlined
in our regulation meets both of those criteria. The commenter further
suggested that VA develop a form and process for eligible veterans to
``pre-order [and] get pre-authorized'' to assist them with advance
planning. Generally, VA encourages veterans and their families to plan
for their burial needs. However, while such a plan may include a stated
desire to be buried in a national cemetery, VA has no authority to pre-
determine eligibility for burial or memorialization, because
eligibility decisions must be made based on the law in effect at the
time the individual dies. If, upon the death of an eligible veteran, VA
is made aware of the veteran's wishes regarding burial, VA will try to
accommodate those wishes to the fullest extent possible. This
regulation, however, is applicable when a veteran dies without
sufficient funds available for burial and has no known next-of-kin.
Third parties, such as public administrators, local coroners, funeral
directors or volunteer organizations, who may have assumed
responsibility for the burial of these unclaimed remains, will likely
be unaware of any wishes for burial arrangements. However, even without
knowing the burial wishes of the deceased veteran, by establishing a
means to reimburse these third parties for the expense of a burial
receptacle at a time of need, VA will ensure that these veterans
receive an appropriate burial in a national cemetery. VA will make no
changes based on this comment.
VA received comments from a funeral services trade association on
two issues. The first issue concerned our reference to the Federal
Trade Commission (FTC) regulations that define ``alternative
container'' which VA construed as applicable to cremation urns. The
commenter stated that ``alternative container,'' in the funeral
industry, ``is the receptacle that the body is placed into prior to
cremation.'' The commenter also stated that plastic is ``generally not
deemed appropriate for use as an urn.'' The commenter then suggested
that we revise our regulation to include wood or metal, in addition to
durable plastic, as an acceptable material for urns subject to
reimbursement under Sec. 38.628. We reviewed the FTC regulation in
light of this feedback and believe that the commenter's statement that
an alternative container refers to a receptacle for the body prior to
cremation is an accurate interpretation of the FTC regulation, which
states that requiring the public to purchase a casket for direct
cremations is an unfair or deceptive act or practice for a funeral
provider and requires funeral providers to ``make an alternative
container available for direct cremations.'' See 16 CFR 453.4(a)(2). We
wish to correct the statement made in the preamble to the proposed rule
(see 79 FR at 37699). However, we did not ``base'' the definition of
``urn'' in Sec. 38.628 on the phrase ``alternative container'' (we did
use the definition of ``casket'' from the FTC regulation) nor was
``alternative container'' used elsewhere in the proposed rulemaking.
Our definition of urn was developed using the elements we felt
necessary for a burial receptacle that would ensure that the cremated
remains of veterans, in the absence of a family member to make such
determinations, are laid to rest in a consistently dignified manner. We
have decided that, for purposes of reimbursement, an urn made of
durable plastic would be the minimum requirement because we must ensure
that we use the finite resources at our disposal to provide this
benefit for as many veterans, without family or resources, as we can.
We disagree with the commenter's assertion that durable plastic is
``generally not deemed appropriate for use as an urn.'' In fact, many
of the inurnments at national cemeteries are of urns constructed of
durable plastic, so while the commenter is correct that many families
may choose to place the remains in urns of different construction, we
can confirm that many find a durable plastic urn to be appropriate for
the remains of their loved one.
Regarding the commenter's request that we amend the regulation to
include other materials for urn construction, although we stated in the
preamble to the proposed rulemaking that we do not prohibit individuals
or entities from purchasing burial receptacles of higher standard, such
as a stronger gauge metal for caskets, or wood or metal for urns, this
comment indicates that our information was not sufficiently clear as to
the types of caskets and urns that would be acceptable for
reimbursement, and therefore we are making changes to the regulation to
address the issue the commenter raises, although we will not be using
the amendment suggested in the comment.
Proposed Sec. 38.628(b)(5), now redesignated Sec. 38.628(c)(5),
was intended to prescribe certain minimum standards for caskets and
urns that would ensure that each veteran, in the absence of a family
member to make burial decisions, is laid to rest in a consistently
dignified manner. We are making changes to redesignated paragraph
(c)(5)(ii) to specifically address the commenter's concern by stating
that individuals or entities may purchase and request reimbursement for
urns constructed of materials other than durable plastic, including
wood, metal, or ceramic, even though reimbursement will be limited to
the average cost of a durable plastic urn. In reviewing this provision,
we also noted that the casket provision may be subject to
misinterpretation so we have amended redesignated paragraph (c)(5)(i)
to clarify that the caskets must be of metal construction, but may be
of a thicker gauge metal, even though reimbursement will be limited to
the average cost of a casket of 20-gauge metal construction. We note
that these changes will allow for only one material, metal, for the
construction of caskets while urns may be constructed of a variety of
materials. As stated in the proposed rulemaking, we established minimum
standards to ensure the burial receptacles could withstand disinterment
and reinterment, should that need arise. We explicitly require metal
caskets because we believe they will endure the environmental
conditions of in-ground burial better than other materials and keep the
remains intact. Urns may be inurned in above-ground niches, so their
construction may not need to endure the rigors of in-ground burial. For
those that will be inurned in the ground, we note that an urn will
include an interior container for the cremated remains that will help
ensure their integrity if the outer construction should fail.
While we have amended the language regarding the construction of a
casket or an urn, we do not change the standard used to calculate the
maximum reimbursement amount under

[[Page 19536]]

redesignated paragraph (d). As stated in the proposed rule, we
established a maximum reimbursement amount based on the minimum
construction standards of either a casket or an urn. VA will reimburse
for the actual cost of a burial receptacle, as shown on an invoice, up
to a maximum reimbursement amount that is equal to the average cost of
receptacles meeting the minimum standards for the fiscal year preceding
the calendar year of when a claim for reimbursement is received. To
ensure that the edits to redesignated paragraph (c) described above do
not confuse how we calculate the average cost, we will state the
minimum standards in redesignated paragraph (d), which establishes the
maximum reimbursement amount. We reiterate here that VA will only
reimburse for a single casket or urn purchased on behalf of any
decedent and that, under redesignated Sec. 38.628(c)(5), the cemetery
director receiving the remains will visually inspect the casket or urn
that is presented for burial or inurnment to ensure that it matches the
description on the invoice submitted for payment. Therefore, if, as the
commenter explained, the cremated remains are moved from one container
to another of a different material, we will only reimburse for the cost
of the urn presented for burial, subject to the maximum reimbursement
amount. Any individual or entity seeking reimbursement must ensure that
the invoice presented for payment is the invoice for the burial
receptacle presented for burial.
The same commenter noted a second issue regarding proposed
paragraph (b)(2), now redesignated paragraph (c)(2), and the
requirement that individuals seeking reimbursement certify that they
cannot identify the decedent's next-of-kin and that VA's records do not
identify the next-of-kin. The commenter objected that, because they do
not have access to VA's records, they could not certify as to whether a
next-of-kin was identified there. The commenter also added that funeral
homes are often faced with a dilemma in which a deceased veteran's
next-of-kin is identified but is unwilling or unable to assume
responsibility for burial arrangements. The commenter suggested a
clarification to reflect that an applicant who provides a casket or urn
because of an uncooperative next-of-kin would still be entitled to
reimbursement. We acknowledge the commenter's concerns are valid.
As an initial matter, we have determined that the required findings
that a veteran have no known next-of-kin or sufficient resources to
furnish a casket or urn can be satisfied by the applicant's
certification to that effect. State and local laws governing the
disposition of unclaimed remains require, generally, that a search be
performed to identify a decedent's next-of-kin or authorized
representative who may assume responsibility for the final disposition
of the remains. VA believes that it would be reasonable to rely on the
applicant's certification that no next-of-kin was identified as a
result of an independent search performed in compliance with the legal
requirements of that jurisdiction. The intent of the Dignified Burial
and Other Veterans' Benefits Improvement Act of 2012 (the Act) is to
assist individuals or entities in possession of remains that are
unclaimed in providing for the final disposition of those remains.
Because we believe that an additional search by VA of its own records
would be duplicative of this process and could potentially delay or
even deter individuals or entities from bringing unclaimed veteran
remains to VA for burial, we find that reliance on the applicant's
certification that no next-of-kin has been identified is reasonable.
Moreover, because laws related to the disposition of unclaimed remains
also involve determinations of the decedent's indigency, VA will also
accept the applicant's certification that, based upon available
information, there are insufficient financial resources available to
furnish a burial receptacle. Accordingly, we have added paragraph (b)
to state that we will rely on the applicant's certification. Proposed
paragraphs (b), (c), and (d) will now become paragraphs (c), (d), and
(e), respectively, and we further amend redesignated paragraphs (c)(2)
and (c)(3) to eliminate any requirement that an individual or entity
seeking reimbursement must certify as to what is in VA records.
In redesignated paragraph (c)(2), we explicitly allow for the
circumstance of the ``uncooperative next-of-kin,'' as described by the
commenter. As we stated in the preamble to the proposed rule, we cannot
compel an identified next-of-kin of a deceased veteran who is unwilling
or unable to assume responsibility for the deceased veteran's burial.
We recognize that relevant state and local laws include provisions
applicable to the type of situation described by the commenter. These
laws often address the situation by allowing individuals or entities in
possession of remains that are unclaimed to arrange for burial after a
defined period of time, despite the existence of an uncooperative
relative who may have means, but refuses to claim the decedent's
remains or arrange for final disposition. We therefore add a provision
to redesignated paragraph (c)(2) to require the applicant to certify
that they have followed the relevant state or local laws relating to
the disposition of remains. VA will accept an applicant's certification
that an identified next-of-kin is unwilling or unable to assume
responsibility for the deceased veteran's burial arrangements as
meeting the requirements that the decedent has no next-of-kin and
insufficient resources to purchase the casket or urn.
We received a comment suggesting that we make provision for certain
veterans who died prior to January 10, 2014. The effective date was
defined in the authorizing statute and VA has no authority to provide
caskets or urns for veterans who died prior to that date. The commenter
also suggested, in his original comment and in a follow-up comment,
that we make changes to regulatory provisions relating to our
definition of applicant. That provision is beyond the scope of this
rulemaking, but VA is planning to address it in another rulemaking
soon. We make no changes to this regulation based on these comments.
One commenter questioned our estimate on the number of applications
we anticipated we would receive under this regulation. We estimated
that we would receive approximately 670 applications for reimbursement
for a burial receptacle purchased in 2014 and that this number would
decrease in years to come. The commenter appears to believe our
estimate is too low, based on estimates of the total number of veterans
who die yearly. Our estimate uses the total annual number of veteran
deaths, but adjusts that number based on VA statistics to determine the
number of veterans without a next-of-kin and where sufficient resources
are unavailable to furnish a casket or urn, to determine the number
that may need to be furnished a burial receptacle under this
regulation. We make no changes based on this comment.
In redesignated paragraph (d), we indicate that we will publish an
annual notice providing the average cost of a casket or urn that will
be the maximum allowable reimbursement amount for each type of burial
receptacle. In the proposed rule, we indicated we would pay these rates
based on the year the burial receptacle was purchased. However, we have
determined that it will be more efficient to process applications using
the maximum reimbursement amounts based on the year in which the
application is

[[Page 19537]]

received instead of the date the burial receptacle was purchased. We
have changed paragraph (d) to indicate that these maximum rates apply
to applications received for the purchase of a burial receptacle in a
given calendar year and have deleted the reference to the date of
purchase.
Finally, we are also updating redesignated paragraph (e) to
indicate that we will reimburse those individuals who have been waiting
for the publication of this final rule to submit their applications at
the reimbursement rates for 2015. VA advised these individuals to hold
their receipts until the publication of the final rule. Because
publication has been delayed, and they could not submit those
applications in calendar year 2014, the current maximum rates should
apply. As indicated in the notice published elsewhere in this Federal
Register, the maximum reimbursement amounts for 2015 are $1,967 for a
casket and $172 for an urn, which apply to all applications received in
calendar year 2015.
Based on the rationale set forth in the SUPPLEMENTARY INFORMATION
to the proposed rule and in this final rule, VA is adopting the
proposed rule as a final rule with the changes as noted above to new
paragraph (b) and redesignated paragraphs (c)(2), (c)(3), (c)(5), (d),
and (e).

Effect of Rulemaking

Title 38 of the Code of Federal Regulations, as revised by this
final rulemaking, represents VA's implementation of its legal authority
on this subject. Other than future amendments to this regulation or
governing statutes, no contrary guidance or procedures are authorized.
All existing or subsequent VA guidance must be read to conform with
this rulemaking if possible or, if not possible, such guidance is
superseded by this rulemaking.

Regulatory Flexibility Act

The Secretary hereby certifies that this final rule will not have a
significant economic impact on a substantial number of small entities
as they are defined in the Regulatory Flexibility Act, 5 U.S.C. 601-
612, because the number of claims and the amounts involved are expected
to be small. This rule will only impact those third parties and
entities that choose to participate in this program. Payments made
under this program are not intended as benefits but to provide
reimbursement for privately purchased caskets and urns. We estimate the
average price of a burial receptacle (and therefore the average
reimbursement) for 2014 will be less than $2,000 for caskets and less
than $200 for urns. We also estimate that the total number of
reimbursements for 2014 will be 338 caskets and 332 urns. Because the
final rulemaking provides for a reimbursement, the individual or entity
purchasing the burial receptacle will recoup the purchase price, up to
the maximum rate established annually. Generally this will result in
the individual or entity avoiding a financial loss for having made the
purchase. But, because the reimbursement will not exceed the purchase
price of the burial receptacle, the individual or entity will not
experience any gain. Therefore, pursuant to 5 U.S.C. 605(b), this
rulemaking is exempt from the initial and final regulatory flexibility
analysis requirements of sections 603 and 604.

Unfunded Mandates

The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C.
1532, that agencies prepare an assessment of anticipated costs and
benefits before issuing any rule that may result in the expenditure by
State, local, and tribal governments, in the aggregate, or by the
private sector, of $100 million or more (adjusted annually for
inflation) in any one year. This rule will have no such effect on
State, local, and tribal governments, or on the private sector.

Paperwork Reduction Act

The Paperwork Reduction Act of 1995 (at 44 U.S.C. 3507) requires
that VA consider the impact of paperwork and other information
collection burdens imposed on the public. Under 44 U.S.C. 3507(a), an
agency may not collect or sponsor the collection of information, nor
may it impose an information collection requirement unless it displays
a currently valid Office of Management and Budget (OMB) control number.
See also 5 CFR 1320.8(b)(3)(vi).
This final rule will impose the following new information
collection requirement. Section 38.628 will require submission of new
VA Form 40-10088 by individuals seeking reimbursement from VA for the
purchase of a casket or urn for the remains of a veteran who has no
next-of-kin and where sufficient resources are unavailable to furnish a
burial receptacle. The collection of information is necessary for VA to
obtain information sufficient to determine whether reimbursement is
appropriate. Information provided will include proof that the
requesting individual purchased the burial receptacle and that the
burial receptacle meets standards detailed in the regulation, and the
purchase price of the receptacle. VA will use this information to
determine whether reimbursement is appropriate and, if so, the
appropriate amount of the reimbursement.
As required by the Paperwork Reduction Act of 1995 (at 44 U.S.C.
3507(d)), VA submitted this information collection to OMB for its
review. OMB approved this new information collection requirement
associated with the final rule and assigned OMB control number 2900-
0799.

Executive Orders 12866 and 13563

Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, when
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, and other advantages; distributive impacts;
and equity). Executive Order 13563 (Improving Regulation and Regulatory
Review) emphasizes the importance of quantifying both costs and
benefits, reducing costs, harmonizing rules, and promoting flexibility.
Executive Order 12866 (Regulatory Planning and Review) defines a
``significant regulatory action,'' which requires review by the Office
of Management and Budget (OMB), as ``any regulatory action that is
likely to result in a rule that may: (1) Have an annual effect on the
economy of $100 million or more or adversely affect in a material way
the economy, a sector of the economy, productivity, competition, jobs,
the environment, public health or safety, or State, local, or tribal
governments or communities; (2) Create a serious inconsistency or
otherwise interfere with an action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants, user
fees, or loan programs or the rights and obligations of recipients
thereof; or (4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
this Executive Order.''
The economic, interagency, budgetary, legal, and policy
implications of this rule have been examined and it has been determined
not to be a significant regulatory action under Executive Order 12866.
VA's impact analysis can be found as a supporting document at http://www.regulations.gov, usually within 48 hours after the rulemaking
document is published. Additionally, a copy of the rulemaking and its
impact analysis are available on VA's Web site at http://www1.va.gov/orpm/, by following the link for ``VA Regulations Published.''

[[Page 19538]]

Catalog of Federal Domestic Assistance Numbers

The Catalog of Federal Domestic Assistance program number and title
for this rule are 64.201, National Cemeteries.

Signing Authority

The Secretary of Veterans Affairs, or designee, approved this
document and authorized the undersigned to sign and submit the document
to the Office of the Federal Register for publication electronically as
an official document of the Department of Veterans Affairs. Jose D.
Riojas, Chief of Staff, approved this document on April 7, 2015, for
publication.

List of Subjects in 38 CFR Part 38

Administrative practice and procedure, Cemeteries, Veterans.

Dated April 8, 2015.
William F. Russo,
Acting Director, Office of Regulation Policy & Management, Office of
the General Counsel, U.S. Department of Veterans Affairs.

For the reasons stated in the preamble, the Department of Veterans
Affairs amends 38 CFR part 38 as set forth below:

PART 38--NATIONAL CEMETERIES OF THE DEPARTMENT OF VETERANS AFFAIRS

0
1. The authority citation for part 38 continues to read as follows:

Authority: 38 U.S.C. 107, 501, 512, 2306, 2402, 2403, 2404,
2408, 2411, 7105.

0
2. Add Sec. 38.628 to read as follows:

Sec. 38.628. Reimbursement for caskets and urns for unclaimed remains
of veterans.

(a) VA will reimburse any individual or entity for the actual cost
of a casket or an urn, purchased by the individual or entity for the
burial in a national cemetery of an eligible veteran who died on or
after January 10, 2014, for whom VA:
(1) Is unable to identify the veteran's next-of-kin; and
(2) Determines that sufficient resources are otherwise unavailable
to furnish the casket or urn.
(b) For purposes of satisfying the requirements of paragraph (a) of
this section, VA will rely entirely on the requesting individual's or
entity's certification as required under paragraphs (c)(2) and (3) of
this section.
(c) An individual or entity may request reimbursement from VA under
paragraph (a) of this section by completing and submitting VA Form 40-
10088, and supporting documentation, in accordance with the
instructions on the form. Prior to approving reimbursement VA must find
all of the following:
(1) The veteran is eligible for burial in a VA national cemetery;
(2) The individual or entity has certified that they cannot
identify the veteran's next-of-kin, or that an identified next-of-kin
is unwilling or unable to assume responsibility for the deceased
veteran's burial arrangements, and that the individual or entity has
followed applicable state or local law relating to the disposition of
unclaimed remains;
(3) The individual or entity has certified that, to the best of
their knowledge, sufficient resources are otherwise unavailable to
furnish the casket or urn;
(4) The invoice presented by the individual or entity clearly
indicates the purchase price of the casket or urn purchased by the
individual or entity; and
(5) The invoice presented by the individual or entity contains
information sufficient for VA to determine, in conjunction with a
visual inspection, that the casket or urn meets the following
standards:
(i) Caskets must be of metal construction of at least 20-gauge
thickness, designed for containing human remains, sufficient to contain
the remains of the deceased veteran, include a gasketed seal, and
include external fixed rails or swing arm handles.
(ii) Urns must be of a durable construction, such as durable
plastic, wood, metal, or ceramic, designed to contain cremated human
remains, and include a secure closure to contain the cremated remains.
(d) Reimbursement for a claim received in any calendar year under
paragraph (a) of this section will not exceed the average cost of a 20-
gauge metal casket or a durable plastic urn during the fiscal year
preceding the calendar year of the claim, as determined by VA and
published annually in the Federal Register.
(e) If, before July 2, 2014, an individual or entity purchased a
casket or urn for burial in a VA national cemetery of the remains of a
veteran who died after January 10, 2014, and the burial receptacle is
not at least a 20-gauge metal casket or a durable plastic urn, VA will
reimburse the purchase price of the burial receptacle, providing all
other criteria in this regulation are met. The reimbursement amount
will be subject to the maximum reimbursement amount calculated for
2015.

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

(The Office of Management and Budget has approved the information
collection requirements under this section under control number 2900-
0799.)
[FR Doc. 2015-08388 Filed 4-10-15; 8:45 am]
BILLING CODE 8320-01-P

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

rule is to warn mariners in waters where § 706.2 Certifications of the Secretary of FOR FURTHER INFORMATION CONTACT:
72 COLREGS apply. the Navy under Executive Order 11964 and Andrina Brown, Office of Field
33 U.S.C. 1605. Programs (41A), National Cemetery
DATES: This rule is effective April 13,
2015 and is applicable beginning April * * * * * Administration (NCA), Department of
1, 2015. Veterans Affairs, 810 Vermont Avenue
* * * * * NW., Washington, DC 20420.
FOR FURTHER INFORMATION CONTACT: Telephone: (202) 461–6833 (this is not
Commander Theron R. Korsak, TABLE FOUR a toll-free number).
(Admiralty and Maritime Law), Office of
SUPPLEMENTARY INFORMATION: In a
the Judge Advocate General, Department Horizontal
distance from document published on July 2, 2014 (79
of the Navy, 1322 Patterson Ave. SE.,
the fore FR 37698), VA proposed revising its
Suite 3000, Washington Navy Yard, DC
Vessel Number and aft regulations governing burial in national
20374–5066, telephone 202–685–5040. centerline of cemeteries to implement new authority
SUPPLEMENTARY INFORMATION: Pursuant the vessel in
the athwart under section 2306 of title 38, United
to the authority granted in 33 U.S.C. ship direction States Code (U.S.C.), to furnish a casket
1605, the DoN amends 32 CFR part 706. or urn for interment in a VA national
This amendment provides notice that cemetery of the unclaimed remains of
the DAJAG (Admiralty and Maritime * * * * * veterans for whom VA cannot identify
Law), under authority delegated by the USS CORO- a next-of-kin and determines that
Secretary of the Navy, has certified that NADO .......... LCS 4 0.18 sufficient financial resources for the
USS CORONADO (LCS 4) is a vessel of furnishing of a casket or urn for burial
* * * * *
the Navy which, due to its special are not otherwise available. The 30-day
construction and purpose, cannot fully * * * * * public comment period ended on
comply with the following specific August 1, 2014. VA received fourteen
provisions of 72 COLREGS without Approved: April 1, 2015. comments from interested individuals
interfering with its special function as a A.B. Fischer, and organizations. To address some of
naval ship: Annex I, paragraph 3(c), Captain, JAGC, U.S. Navy, Deputy Assistant those comments, as will be explained in
pertaining to the task light’s horizontal Judge Advocate, General (Admiralty and detail below, VA added a new
distance from the fore and aft centerline Maritime Law). paragraph (b) and redesignated
of the vessel in the athwartship Dated: April 6, 2015. proposed paragraphs (b), (c), and (d) as
direction. The DAJAG (Admiralty and N. A. Hagerty-Ford, paragraphs (c), (d), and (e), respectively.
Maritime Law) has also certified that the Commander, Office of the Judge Advocate Eight commenters expressed support
lights involved are located in closest General, U.S. Navy, Federal Register Liaison for the proposed amendment. We thank
possible compliance with the applicable Officer. these individuals for taking the time to
72 COLREGS requirements. [FR Doc. 2015–08422 Filed 4–10–15; 8:45 am] review and comment on the rulemaking.
Moreover, it has been determined, in BILLING CODE 3810–FF–P We make no changes to the regulation
accordance with 32 CFR parts 296 and based on these comments.
701, that publication of this amendment One commenter suggested that VA
for public comment prior to adoption is contract with online providers of
impracticable, unnecessary, and DEPARTMENT OF VETERANS caskets and urns to make bulk
contrary to public interest since it is AFFAIRS purchases of caskets and urns, which
based on technical findings that the 38 CFR Part 38 would then be shipped to individuals
placement of lights on this vessel in a who apply online. As discussed in the
manner differently from that prescribed RIN 2900–AO99
preamble to the proposed rulemaking,
herein will adversely affect the vessel’s VA considered the direct purchase
ability to perform its military functions. Reimbursement for Caskets and Urns option but determined that would be a
for Burial of Unclaimed Remains in a less efficient and economical means of
List of Subjects in 32 CFR Part 706 administering this benefit. Development
National Cemetery
Marine safety, Navigation (water), of an online application portal and
Vessels. AGENCY: Department of Veterans Affairs. establishment of contractual
For the reasons set forth in the ACTION: Final rule. relationships with suppliers would
preamble, the DoN amends part 706 of require considerable time and would
SUMMARY: The Department of Veterans delay VA’s ability to timely provide this
title 32 of the Code of Federal
Affairs (VA) National Cemetery benefit as needs arise. The expense
Regulations as follows:
Administration (NCA) amends its required to contract and to build an
PART 706—CERTIFICATIONS AND regulations to establish a new program online portal would decrease the
EXEMPTIONS UNDER THE to provide reimbursement for caskets resources available to provide the
INTERNATIONAL REGULATIONS FOR and urns for the interment of the benefit itself. The commenter stated that
PREVENTING COLLISIONS AT SEA, remains of veterans with no known he felt the suggestion would allow for
1972 next-of-kin and where sufficient ‘‘quality control.’’ As we indicated in
financial resources are not available for the preamble to the proposed
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■ 1. The authority citation for part 706 this purpose. rulemaking, unclaimed veteran remains
continues to read as follows: DATES: Effective date: The final rule is are often in the custody of funeral
Authority: 33 U.S.C. 1605. effective May 13, 2015. Applicability homes or others who are authorized
date: The final rule applies to claims for under state law to dispose of unclaimed
■ 2. Section 706.2 is amended in Table reimbursement for burial receptacles for remains. 79 FR at 37699. Therefore, we
Five by revising the entry for USS individuals who died on or after January believe they are likely familiar with
CORONADO (LCS 4) to read as follows: 10, 2014. procuring burial receptacles. We further

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

expect that those who will provide container’’ which VA construed as the proposed rulemaking that we do not
caskets or urns will use the same applicable to cremation urns. The prohibit individuals or entities from
suppliers from whom they purchase commenter stated that ‘‘alternative purchasing burial receptacles of higher
caskets and urns for the families they container,’’ in the funeral industry, ‘‘is standard, such as a stronger gauge metal
serve in their normal course of business the receptacle that the body is placed for caskets, or wood or metal for urns,
and that the caskets and urns they into prior to cremation.’’ The this comment indicates that our
purchase will be of no lesser quality commenter also stated that plastic is information was not sufficiently clear as
than those provided for family- ‘‘generally not deemed appropriate for to the types of caskets and urns that
requested funeral services. Further, as use as an urn.’’ The commenter then would be acceptable for reimbursement,
we provide in redesignated suggested that we revise our regulation and therefore we are making changes to
§ 38.628(c)(5), VA will visually inspect to include wood or metal, in addition to the regulation to address the issue the
the casket or urn when it is presented durable plastic, as an acceptable commenter raises, although we will not
at the national cemetery to ensure that material for urns subject to be using the amendment suggested in
it corresponds to the description in the reimbursement under § 38.628. We the comment.
invoice and meets NCA’s specifications, reviewed the FTC regulation in light of Proposed § 38.628(b)(5), now
which are intended to ensure safe this feedback and believe that the redesignated § 38.628(c)(5), was
handling and integrity of veteran commenter’s statement that an intended to prescribe certain minimum
remains. Accordingly, VA makes no alternative container refers to a standards for caskets and urns that
changes based on this comment. receptacle for the body prior to would ensure that each veteran, in the
Another commenter urged that we cremation is an accurate interpretation absence of a family member to make
implement this benefit so that it is ‘‘not of the FTC regulation, which states that burial decisions, is laid to rest in a
cumbersome to administer and is fair in requiring the public to purchase a casket consistently dignified manner. We are
the time it takes to reimburse.’’ We for direct cremations is an unfair or making changes to redesignated
believe that the reimbursement program deceptive act or practice for a funeral paragraph (c)(5)(ii) to specifically
we have outlined in our regulation provider and requires funeral providers address the commenter’s concern by
meets both of those criteria. The to ‘‘make an alternative container stating that individuals or entities may
commenter further suggested that VA available for direct cremations.’’ See 16 purchase and request reimbursement for
develop a form and process for eligible CFR 453.4(a)(2). We wish to correct the urns constructed of materials other than
veterans to ‘‘pre-order [and] get pre- statement made in the preamble to the durable plastic, including wood, metal,
authorized’’ to assist them with advance proposed rule (see 79 FR at 37699). or ceramic, even though reimbursement
planning. Generally, VA encourages However, we did not ‘‘base’’ the will be limited to the average cost of a
veterans and their families to plan for definition of ‘‘urn’’ in § 38.628 on the durable plastic urn. In reviewing this
their burial needs. However, while such phrase ‘‘alternative container’’ (we did provision, we also noted that the casket
a plan may include a stated desire to be use the definition of ‘‘casket’’ from the provision may be subject to
buried in a national cemetery, VA has FTC regulation) nor was ‘‘alternative misinterpretation so we have amended
no authority to pre-determine eligibility container’’ used elsewhere in the redesignated paragraph (c)(5)(i) to
for burial or memorialization, because proposed rulemaking. Our definition of clarify that the caskets must be of metal
eligibility decisions must be made based urn was developed using the elements construction, but may be of a thicker
on the law in effect at the time the gauge metal, even though
we felt necessary for a burial receptacle
individual dies. If, upon the death of an reimbursement will be limited to the
that would ensure that the cremated
eligible veteran, VA is made aware of average cost of a casket of 20-gauge
remains of veterans, in the absence of a
the veteran’s wishes regarding burial, metal construction. We note that these
family member to make such
VA will try to accommodate those changes will allow for only one
determinations, are laid to rest in a
wishes to the fullest extent possible. material, metal, for the construction of
consistently dignified manner. We have
This regulation, however, is applicable caskets while urns may be constructed
decided that, for purposes of
when a veteran dies without sufficient of a variety of materials. As stated in the
reimbursement, an urn made of durable
funds available for burial and has no proposed rulemaking, we established
plastic would be the minimum
known next-of-kin. Third parties, such minimum standards to ensure the burial
requirement because we must ensure receptacles could withstand
as public administrators, local coroners,
funeral directors or volunteer that we use the finite resources at our disinterment and reinterment, should
organizations, who may have assumed disposal to provide this benefit for as that need arise. We explicitly require
responsibility for the burial of these many veterans, without family or metal caskets because we believe they
unclaimed remains, will likely be resources, as we can. We disagree with will endure the environmental
unaware of any wishes for burial the commenter’s assertion that durable conditions of in-ground burial better
arrangements. However, even without plastic is ‘‘generally not deemed than other materials and keep the
knowing the burial wishes of the appropriate for use as an urn.’’ In fact, remains intact. Urns may be inurned in
deceased veteran, by establishing a many of the inurnments at national above-ground niches, so their
means to reimburse these third parties cemeteries are of urns constructed of construction may not need to endure the
for the expense of a burial receptacle at durable plastic, so while the commenter rigors of in-ground burial. For those that
a time of need, VA will ensure that is correct that many families may will be inurned in the ground, we note
these veterans receive an appropriate choose to place the remains in urns of that an urn will include an interior
different construction, we can confirm
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burial in a national cemetery. VA will container for the cremated remains that
make no changes based on this that many find a durable plastic urn to will help ensure their integrity if the
comment. be appropriate for the remains of their outer construction should fail.
VA received comments from a funeral loved one. While we have amended the language
services trade association on two issues. Regarding the commenter’s request regarding the construction of a casket or
The first issue concerned our reference that we amend the regulation to include an urn, we do not change the standard
to the Federal Trade Commission (FTC) other materials for urn construction, used to calculate the maximum
regulations that define ‘‘alternative although we stated in the preamble to reimbursement amount under

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Document Created: 2015-12-18 11:22:11
Document Modified: 2015-12-18 11:22:11

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Contact		Andrina Brown, Office of Field Programs (41A), National Cemetery Administration (NCA), Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420. Telephone: (202) 461-6833 (this is not a toll-free number).
FR Citation		80 FR 19534
RIN Number		2900-AO99
CFR Associated		Administrative Practice and Procedure; Cemeteries and Veterans