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Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Rules and Regulations 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. The Office of Information and Regulatory Affairs has determined that this rule is a significant regulatory action under Executive Order 12866.
The Regulatory Impact Analysis associated with this rulemaking can be found as a supporting document at www.regulations.gov.
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. 601612. This rulemaking does not change VAs policy regarding small businesses, does not have an economic impact to individual businesses, and there are no increased or decreased costs to small business entities. Therefore, pursuant to 5 U.S.C.
605b, the initial and final regulatory flexibility analysis requirements of 5
U.S.C. 603 and 604 do not apply.

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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 final 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.
3507a, 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 1320.8b3vi.
This final rule will impose the following revised information collection requirement that was previously approved by OMB. Of the 66 public comments received for the proposed rule, VA received no comments on proposed 38.630b1iiiAC that
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revised two existing certification statements on VA Form 401330, titled Claim for Standard Government Headstone or Marker, related to placement of a headstone or marker in a private or local cemetery and related to following the receiving cemeterys guidelines and procedures. VA
incorporated one change to the form based on a comment to add the text permanent and durable to describe graves that are currently marked with a privately purchased headstone or marker. This change merely implements the language in 38.630c5 that defines a privately purchased, durable headstone or marker as lasting and not anticipated to unduly degrade under exposure to the environment in which it is placed. The collection of information is necessary for VA to sufficiently determine that a Government-furnished headstone or marker can be placed in a private or a local government cemetery in close proximity to the grave and in accordance with cemetery guidelines.
VA will use this information to ensure proper issuance of the requested headstone or marker. The proposed revisions to the certifications further do not affect eligibility for a headstone, marker, or medallion, and would not increase or decrease the number of applicants using VA Form 401330.
Therefore, these proposed revisions would not result in any increase or decrease in respondents, respondent burden hours, or respondent burden costs. As required by the Paperwork Reduction Act of 1995 at 44 U.S.C.
3507d, VA will submit information collection 29000222 to OMB for its review and approval on the revised collection.
Congressional Review Act Pursuant to the Congressional Review Act 5 U.S.C. 801 et seq., the Office of Information and Regulatory Affairs designated this rule as not a major rule, as defined by 5 U.S.C. 8042.
Catalog of Federal Domestic Assistance The Catalog of Federal Domestic Assistance numbers and titles for the programs affected by this document are 64.201 National Cemeteries; 64.202
Procurement of Headstones and Markers and/or Presidential Memorial Certificates; and, 64.203 Veterans Cemetery Grants Program.
List of Subjects 38 CFR Part 38
Administrative practice and procedure, Cemeteries, Claims, Crime, Veterans.

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38 CFR Part 39
Cemeteries, Grant programs veterans, Veterans.
Signing Authority Denis McDonough, Secretary of Veterans Affairs, approved this document on June 23, 2021, 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.
Luvenia Potts, Regulations Development Coordinator, Office of Regulation Policy & Management, Office of General Counsel, Department of Veterans Affairs.

For the reasons set forth in the preamble, the Department of Veterans Affairs amends 38 CFR parts 38 and 39
as follows:
PART 38NATIONAL CEMETERIES
OF THE DEPARTMENT OF VETERANS
AFFAIRS
1. The authority citation for part 38
continues to read as follows:

Authority: 38 U.S.C 107, 501, 512, 2306, 2402, 2403, 2404, 2407, 2408, 2411, 7105.

2. Revise 38.600 to read as follows:

38.600

Definitions.

a The following definitions apply to this part:
Appropriate State official means a State attorney general or other official with statewide responsibility for law enforcement or penal functions.
Clear and convincing evidence means that degree of proof which produces in the mind of the fact-finder a firm belief regarding the question at issue.
Convicted means a finding of guilt by a judgment or verdict or based on a plea of guilty, by a Federal or State criminal court.
Federal capital crime means an offense under Federal law for which a sentence of imprisonment for life or the death penalty may be imposed.
Interment means the burial of casketed remains or the placement or scattering of cremated remains.
Life imprisonment means a sentence of a Federal or State criminal court directing confinement in a penal institution for life.
Memorialization means any action taken to honor the memory of a deceased individual.
Personal representative means a family member or other individual who has identified himself or herself to the National Cemetery Administration as the person responsible for making decisions concerning the interment of
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