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43102

Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Rules and Regulations
If the burial or memorialization of an eligible individual is in a:

The applicant must:

1 Federally-administered cemetery or a State veterans cemetery that uses the NCA electronic ordering system.

i Submit a written request to the director of the cemetery where burial is requested indicating that a new emblem of belief is desired for inscription on a Government-furnished headstone or marker; and ii Provide the information specified in paragraph d of this section to the NCA Director of Memorial Programs Service.
i Submit a completed VA Form 401330 to the NCA Director of Memorial Programs Service, indicating in the REMARKS section of the form that a new emblem of belief is desired; and ii Provide the information specified in paragraph d of this section to the NCA Director of Memorial Programs Service.

2 Private cemetery deceased eligible veterans only, Federally-administered cemetery, or a State veterans cemetery that does not use the NCA electronic ordering system.

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2 The applicant has submitted a certification concerning the emblem that meets the requirements of paragraph d1 of this section.
i In the absence of evidence to the contrary, VA will accept as genuine an applicants statement regarding the sincerity of the religious or functionally equivalent belief system of a deceased eligible individual. If a factual dispute arises concerning whether the requested emblem represents the sincerely held religious or functionally equivalent belief of the decedent, the Director will evaluate whether the decedent gave specific instructions regarding the appropriate emblem during his or her life and the Under Secretary will resolve the dispute on that basis.
ii In the absence of such instructions, the Under Secretary will resolve the dispute in accordance with the instructions of the decedents surviving spouse. If the decedent is not survived by a spouse, the Under Secretary will resolve the dispute in accordance with the agreement and written consent of the decedents living next-of-kin. For purposes of resolving such disputes under this section, nextof-kin means the living persons first listed as follows:
A The decedents children 18 years of age or older, or if the decedent does not have children, then B The decedents parents, or if the decedent has no surviving parents, then C The decedents siblings.

5 The emblem meets the technical requirements for inscription specified in paragraph d2 of this section.
g Decision by the Under Secretary for Memorial Affairs. 1 A decision will be made on all complete applications. A
request to inscribe a new emblem on a Government-furnished headstone or marker shall be granted if the Under Secretary for Memorial Affairs finds that the request meets each of the applicable criteria in paragraph f of this section.
In making that determination, if there is an approximate balance between the
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positive and negative evidence concerning any fact material to making that determination, the Under Secretary shall give the benefit of the doubt to the applicant. The Under Secretary shall consider the Director of NCAs Office of Field Programs recommendation and may consider information from any source.
2 If the Under Secretary for Memorial Affairs determines that allowing the inscription of a particular proposed emblem would adversely affect the dignity and solemnity of the cemetery environment or that the emblem does not meet the technical requirements for inscription, the Under Secretary shall notify the applicant in writing and offer to the applicant the option of either:
i Omitting the part of the emblem that is problematic while retaining the remainder of the emblem, if this is feasible, or ii Choosing a different emblem to represent the religious or functionally equivalent belief that does not have such an adverse impact.
3 Applicants will have 60 days from the date of the notice to cure any adverse impact or technical defect identified by the Under Secretary. Only if neither option is acceptable to the applicant, the applicants requested alternative is also unacceptable, or the applicant does not respond within the 60-day period, will the Under Secretary ultimately deny the application.

38.633

Amended
7. Amend 38.633 by removing the last sentence in paragraph a2.

PART 39AID FOR THE
ESTABLISHMENT, EXPANSION, AND
IMPROVEMENT, OR OPERATION AND
MAINTENANCE, OF VETERANS
CEMETERIES
9. The authority citation for part 39
continues to read as follows:

Authority: 38 U.S.C 101, 501, 2408, 2411, 3765.

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Subpart AGeneral Provisions 39.10

Amended
10. Amend 39.10 by removing 38
CFR 38.600b wherever it appears in paragraphs b1 through 3 and adding 38 CFR 38.600a in its place.

FR Doc. 202116660 Filed 8521; 8:45 am BILLING CODE 832001P

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service 50 CFR Part 17
Docket No. FWSR3ES20180036;
FF09E22000 FXES11130900000 212
RIN 1018BC80

Endangered and Threatened Wildlife and Plants; Removing Trifolium Stoloniferum Running Buffalo Clover From the Federal List of Endangered and Threatened Plants Fish and Wildlife Service, Interior.
ACTION: Final rule.
AGENCY:

We, the U.S. Fish and Wildlife Service Service, are removing Trifolium stoloniferum running buffalo clover from the Federal List of Endangered and Threatened Plants on the basis of recovery. This determination is based on a thorough review of the best available scientific and commercial data, including comments received, which indicate that the threats to running buffalo clover have been eliminated or reduced to the point that the species no longer meets the definition of an endangered species or a threatened species under the Endangered Species Act of 1973, as amended Act.
DATES: This rule is effective September 7, 2021.
ADDRESSES: This final rule, the postdelisting monitoring PDM plan, supporting documents, and the public comments received on the proposed rule are available on the internet at SUMMARY:

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