[Federal Register: March 16, 2007 (Volume 72, Number 51)]
[Rules and Regulations]
[Page 12564-12565]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16mr07-8]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 2
RIN 2900-AM18
Delegations of Authority--National Cemetery Administration
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: This final rule amends the Department of Veterans Affairs (VA)
regulation, ``Secretary's delegations of authority to certain
officials.'' The amendment updates the regulation governing certain
delegations of authority exercised by the Under Secretary for Memorial
Affairs. This minor technical amendment provides delegation of
authority from the Secretary of Veterans Affairs to the Under Secretary
for Memorial Affairs to accept monetary and/or non-monetary gifts and
donations, made in any manner, which are made for the purpose of
beautifying or benefiting national cemeteries. The authority to accept
offers of land will remain with the Secretary of Veterans Affairs.
DATES: Effective Date: March 16, 2007.
FOR FURTHER INFORMATION CONTACT: Patrick Hallinan, Deputy Director,
Office of Field Programs (41A), National Cemetery Administration,
Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC
20420; telephone: (202) 273-5229 (this is not a toll-free number).
SUPPLEMENTARY INFORMATION: The provisions of 38 U.S.C. 2407 authorize
the Secretary to ``accept gifts, devises, or bequests from legitimate
societies and organizations or reputable individuals, made in any
manner, which are made for the purpose of beautifying national
cemeteries, or are determined to be beneficial to such cemetery.''
Currently, under 38 CFR 2.6(f)(3), the Secretary has delegated
authority to the Under Secretary for Memorial Affairs ``[t]o accept
donations of a minor nature, such as, individual trees for planting in
burial areas and privately purchased grave markers.'' (Emphasis added)
The current regulatory language no longer reflects the needs of the
agency since the National Cemetery Administration frequently receives
offers for donations that may be perceived as more than ``minor in
nature.'' Such offers have included heavy equipment, rose gardens,
cash, and electric vehicles. Providing authority to the National
Cemetery Administration to accept donations, regardless of monetary
value, would be commensurate with the authority that has been provided
to the Veterans Health Administration and the Veterans Benefits
Administration. The Under Secretary for Memorial Affairs will notify
the Secretary when making decisions to accept or decline gifts and
donations of offers that are unique, unusual or substantial in nature,
or that may be of public interest because of the subject of the offer
or identity of the donor. The authority to accept land will remain with
the Secretary. The Under Secretary for Memorial Affairs will continue
to refer all offers of land to the Secretary, with supporting
information and a recommendation for action.
This rule revises paragraph (f)(3) to 38 CFR 2.6 by removing the
reference ``[t]o accept donations of a minor nature, such as,
individual trees for planting in burial areas and privately purchased
grave markers'' and adding ``[t]o accept all donations, except offers
of land, made in any manner, for the beautification or benefit of
national cemeteries.''
Administrative Procedure Act
This final rule states rules of agency procedure or practice and is
therefore exempt from the notice and public comment procedures of 5
U.S.C. 553(b). Further, this final rule is not a substantive rule and,
consequently, the delayed effective date provisions of 5 U.S.C. 553(d)
are not applicable.
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 an expenditure by
State, local, or tribal governments, in the aggregate, or by the
private sector, of $100 million or more (adjusted annually for
inflation) in any given year. This rule would have no such effect on
State, local, or tribal governments, or the private sector.
Paperwork Reduction Act
This document contains no provisions constituting a collection of
information under the Paperwork Reduction Act (44 U.S.C. 3501-3521).
Executive Order 12866
Executive Order 12866 directs agencies to assess all 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,
and other advantages; distributive impacts; and equity). The Executive
Order classifies a ``significant regulatory action,'' requiring review
by
[[Page 12565]]
the Office of Management and Budget (OMB) unless OMB waives such
review, 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 the Executive
Order.
The economic, interagency, budgetary, legal, and policy
implications of this final rule have been examined and it has been
determined not to be a significant regulatory action under Executive
Order 12866.
Regulatory Flexibility Act
The Secretary of Veterans Affairs 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. This final rule would not directly
impact any small entities or individuals. Therefore, pursuant to 5
U.S.C. 605(b), this final rule is exempt from the initial and final
regulatory flexibility analysis requirements of sections 603-604.
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic Assistance numbers for the programs
affected by this final rule are 64.201 and 64.202.
List of Subjects in 38 CFR Part 2
Authority delegations (Government agencies), Veterans Affairs
Department.
Approved: March 2, 2007.
Gordon H. Mansfield,
Deputy Secretary of Veterans Affairs.
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For the reasons set forth in the preamble, 38 CFR part 2 is amended as
follows:
PART 2--DELEGATIONS OF AUTHORITY
0
1. The authority citation for part 2 continues to read as follows:
Authority: 5 U.S.C. 302, 552a; 38 U.S.C. 501, 512, 515, 1729,
1729A, 5711; 44 U.S.C. 3702, unless otherwise noted.
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2. Section 2.6 is amended by revising paragraph (f)(3) to read as
follows.
Sec. 2.6. Secretary's delegations of authority to certain officials
(38 U.S.C. 512).
* * * * *
(f) * * *
(3) To accept donations, except offers of land, made in any manner,
for the beautification or benefit of national cemeteries.
* * * * *
[FR Doc. E7-4826 Filed 3-15-07; 8:45 am]
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