Federal Register / Vol. 69, No. 241 / Thursday, December 16, 2004 / Rules and Regulations 75245

■ Accordingly, chapter IX of title 28 

Code of Federal Regulations is amended 

by adding part 906 to read as follows:

PART 906—OUTSOURCING OF 

NONCRIMINAL JUSTICE 

ADMINISTRATIVE FUNCTIONS

Sec. 

906.1 Purpose and authority. 

906.2 Third party handling of criminal 

history record information.

Authority: 42 U.S.C. 14616.

§ 906.1 Purpose and authority. 

The purpose of this part 906 is to 

establish rules and procedures for third 

parties to perform noncriminal justice 

administrative functions involving 

access to Interstate Identification Index 

(III) information. The Compact Council 

is establishing this rule pursuant to the 

National Crime Prevention and Privacy 

Compact (Compact), title 42, U.S.C., 

chapter 140, subchapter II, section 

14616. The scope of this rule is limited 

to noncriminal justice background 

checks in so far as they are governed by 

the provisions of the Compact as set 

forth in 42 U.S.C. 14614 and 14616.

§ 906.2 Third party handling of criminal 

history record information. 

(a) Except as prohibited in paragraph 

(b) of this section, criminal history 

record information obtained from the III 

System for noncriminal justice purposes 

may be made available: 

(1) To a governmental agency 

pursuant to a contract or agreement 

under which the agency performs 

activities or functions for another 

governmental agency that is authorized 

to obtain criminal history record 

information by a federal statute, federal 

executive order or a state statute that 

has been approved by the United States 

Attorney General; and 

(2) To a private contractor, or other 

nongovernmental entity or organization, 

pursuant to a contractual agreement 

under which the entity or organization 

performs activities or functions for a 

governmental agency authorized to 

obtain criminal history record 

information as identified in paragraph 

(a)(1) of this section or for a 

nongovernmental entity authorized to 

obtain such information by federal 

statute or executive order. 

(b) Criminal history record 

information provided in response to 

fingerprint-based III System record 

requests initiated by authorized 

governmental agencies or 

nongovernmental entities for 

noncriminal justice purposes may be 

made available to contracting agencies 

or organizations manually or 

electronically for such authorized 

purposes. Such contractors, agencies, or 

organizations shall not be permitted to 

have direct access to the III System by 

computer terminal or other automated 

means which would enable them to 

initiate record requests, provided 

however, the foregoing restriction shall 

not apply with respect to: (1) Persons, 

agencies, or organizations that may 

enter into contracts with the FBI or State 

criminal history record repositories for 

the performance of authorized functions 

requiring direct access to criminal 

history record information; and (2) any 

direct access to records covered by 42 

U.S.C. 14614(b). 

(c) The contracts or agreements 

authorized by paragraphs (a)(1) and 

(a)(2) of this section shall specifically 

describe the purposes for which 

criminal history record information may 

be made available to the contractor and 

shall incorporate by reference a security 

and management control outsourcing 

standard approved by the Compact 

Council after consultation with the 

United States Attorney General. The 

security and management control 

outsourcing standard shall specifically 

authorize access to criminal history 

record information; limit the use of the 

information to the purposes for which it 

is provided; prohibit retention and/or 

dissemination of the information except 

as specifically authorized in the security 

and management control outsourcing 

standard; ensure the security and 

confidentiality of the information; 

provide for audits and sanctions; 

provide conditions for termination of 

the contractual agreement; and contain 

such other provisions as the Compact 

Council, after consultation with the 

United States Attorney General, may 

require. 

(d) The exchange of criminal history 

record information with an authorized 

governmental or nongovernmental 

entity or contractor pursuant to this part 

is subject to cancellation for use, 

retention or dissemination of the 

information in violation of federal 

statute, regulation or executive order, or 

rule, procedure or standard established 

by the Compact Council in consultation 

with the United States Attorney 

General.

Dated: November 29, 2004. 

Donna M. Uzzell, 

Compact Council Chairman.

[FR Doc. 04–27488 Filed 12–15–04; 8:45 am] 

BILLING CODE 4410–02–P

DEPARTMENT OF DEFENSE

Department of the Army 

32 CFR Part 635

RIN 0702–AA42–U 

Law Enforcement Reporting

AGENCY: Department of the Army, DoD.

ACTION: Final rule.

SUMMARY: The Department of the Army 

is publishing our rule concerning law 

enforcement reporting. The regulation 

prescribes policies and procedures on 

preparing, reporting, using, retaining, 

and disposing of Military Police 

Reports. The regulation prescribes 

policies and procedures for offense 

reporting and the release of law 

enforcement information.

DATES: Effective Date: January 18, 2005.

ADDRESSES: Headquarters, Department 

of the Army, Office of the Provost 

Marshal General, ATTN: DAPM–MPD–

LE, 2800 Army Pentagon, Washington, 

DC 20310–2800.

FOR FURTHER INFORMATION CONTACT:

Nathan Evans, Policy Analyst, 

Arlington, VA at (703) 693–2126.

SUPPLEMENTARY INFORMATION: 

A. Background 

In the July 16, 2004 issue of the 

Federal Register (69 FR 42626) the 

Department of the Army issued a 

proposed rule to publish 32 CFR part 

635. This final rule prescribes 

procedures and responsibilities for law 

enforcement reporting. The Department 

of the Army received responses from 

two commentors. No substantive 

changes were requested or made. The 

Department of the Army has added two 

sections since the publication of this 

part as a proposed rule. Section 635.29 

was added to support Department of 

Defense guidance and the 

recommendations from the Army G–1 

Domestic Violence Task Force. This 

section encourages provost marshals to 

enter into memoranda of understanding 

with local civilian law enforcement 

agencies to improve sharing of 

information. Section 635.30 was added 

to provide guidance on the handling 

and disposition of lost, unclaimed or 

abandoned property. The subsequent 

sections have been re-numbered. 

B. Regulatory Flexibility Act 

The Department of the Army has 

determined that the Regulatory 

Flexibility Act does not apply because 

the rule does not have a significant 

economic impact on a substantial 

number of small entities within the 

75246 Federal Register / Vol. 69, No. 241 / Thursday, December 16, 2004 / Rules and Regulations 

meaning of the Regulatory Flexibility 

Act, 5 U.S.C. 601–612. 

C. Unfunded Mandates Reform Act 

The Department of the Army has 

determined that the Unfunded 

Mandates Reform Act does not apply 

because the rule does not include a 

mandate that may result in estimated 

costs to State, local or tribal 

governments in the aggregate, or the 

private sector, of $100 million or more. 

D. National Environmental Policy Act

The Department of the Army has 

determined that the National 

Environmental Policy Act does not 

apply because the rule does not have an 

adverse impact on the environment. 

E. Paperwork Reduction Act 

The Department of the Army has 

determined that the Paperwork 

Reduction Act does not apply because 

the rule does not involve collection of 

information from the public. 

F. Executive Order 12630 (Government 

Actions and Interference With 

Constitutionally Protected Property 

Rights) 

The Department of the Army has 

determined that Executive Order 12630 

does not apply because the rule does not 

impair private property rights. 

G. Executive Order 12866 (Regulatory 

Planning and Review) 

The Department of the Army has 

determined that according to the criteria 

defined in Executive Order 12866 this 

rule is not a significant regulatory 

action. As such, the proposed rule is not 

subject to Office of Management and 

Budget review under section 6(a)(3) of 

the Executive Order. 

H. Executive Order 13045 (Protection of 

Children From Environmental Health 

Risk and Safety Risks) 

The Department of the Army has 

determined that according to the criteria 

defined in Executive Order 13045 this 

rule does not apply. 

I. Executive Order 13132 (Federalism) 

The Department of the Army has 

determined that according to the criteria 

defined in Executive Order 13132 this 

rule does not apply because it will not 

have a substantial effect on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government.

Jeffery B. Porter, 

Chief, Law Enforcement Policy and Oversight 

Section.

List of Subjects in 32 CFR Part 635

Crime, Law, Law enforcement, Law 

enforcement officers, Military law.

■ For reasons stated in the preamble the 

Department of the Army adds 32 CFR 

part 635 to read as follows:

PART 635—LAW ENFORCEMENT 

REPORTING

Subpart A—Records Administration 

Sec. 

635.1 General. 

635.2 Safeguarding official information. 

635.3 Special requirements of the Privacy 

Act of 1974. 

635.4 Administration of expelled or barred 

persons file. 

635.5 Police intelligence/criminal 

information. 

635.6 Name checks. 

635.7 Registration of sex offenders.

Subpart B—Release of Information 

635.8 General. 

635.9 Guidelines for disclosure within 

DOD. 

635.10 Release of information. 

635.11 Release of information under the 

Freedom of Information Act (FOIA). 

635.12 Release of information under the 

Privacy Act of 1974. 

635.13 Amendment of records. 

635.14 Accounting for military police 

record disclosure. 

635.15 Release of law enforcement 

information furnished by foreign 

governments or international 

organizations.

Subpart C—Offense Reporting 

635.16 General. 

635.17 Military Police Report. 

635.18 Identifying criminal incidents and 

subjects of investigation. 

635.19 Offense codes. 

635.20 Military Police Codes (MPC). 

635.21 USACRC control numbers. 

635.22 Reserve component, U.S. Army 

Reserve, and Army National Guard 

personnel. 

635.23 DA Form 4833 (Commander’s 

Report of Disciplinary or Administrative 

Action). 

635.24 Updating the COPS MPRS. 

635.25 Submission of criminal history data 

to the CJIS. 

635.26 Procedures for reporting absence 

without leave (AWOL) and desertion 

offenses. 

635.27 Vehicle Registration System. 

635.28 Domestic Violence and Protection 

Orders. 

635.29 Establishing Domestic Violence 

Memoranda of Understanding. 

635.30 Lost, abandoned, or unclaimed 

property.

Subpart D—Army Quarterly Trends and 

Analysis Report 

635.31 General. 

635.32 Crime rate reporting.

Subpart E—Victim and Witness Assistance 

Procedures 

635.33 General. 

635.34 Procedures. 

635.35 Notification. 

635.36 Statistical reporting requirements.

Authority: 28 U.S.C. 534 note, 42 U.S.C. 

10601, 18 U.S.C. 922, 42 U.S.C. 14071, 10 

U.S.C. 1562, 10 U.S.C. Chap. 47.

Subpart A—Records Administration

§ 635.1 General. 

(a) Military police records and files 

created under provisions of this part 

will be maintained and disposed of in 

accordance with instructions and 

standards prescribed by Army 

Regulation (AR) 25–400–2, AR 25–55, 

AR 340–21, and other applicable HQDA 

directives.

(b) Each provost marshal will appoint 

in writing two staff members, one 

primary and one alternate, to account 

for and safeguard all records containing 

personal information protected by law. 

Action will be taken to ensure that 

protected personal information is used 

and stored only where facilities and 

conditions will preclude unauthorized 

or unintentional disclosure. 

(c) Personal information includes 

information that is intimate or private to 

an individual, as distinguished from 

that which concerns a person’s official 

function or public life. Examples 

include the social security number 

(SSN) medical history, home address, 

and home telephone number. 

(d) Access to areas in which military 

police records are prepared, processed 

and stored will be restricted to those 

personnel whose duties require their 

presence or to other personnel on 

official business. Military police records 

containing personal information will be 

stored in a locked room or locked filing 

cabinet when not under the personal 

control of authorized personnel. 

Alternate storage systems providing 

equal or greater protection may be used 

in accordance with AR 25–55. 

(e) Areas in which remote computer 

terminals or authorized personal 

computers used for government 

business and activities are used, stored, 

process, or retrieve military police 

records will be restricted to personnel 

on official business. When processing 

military police information, computer 

video display monitors will be 

positioned so that protected information 

cannot be viewed by unauthorized 

persons. Computer output from 

automated military police systems will 

Federal Register / Vol. 69, No. 241 / Thursday, December 16, 2004 / Rules and Regulations 75247

be controlled as specified in paragraph 

(d) of this section. 

(f) Output from any locally prepared 

data or automated systems containing 

personal information subject to the 

Privacy Act will be controlled per AR 

340–21. All locally created or MACOM 

unique automated systems of records 

containing law enforcement information 

must be reported to and approved by 

HQDA, Office of the Provost Marshal 

General prior to use. The request must 

clearly document why the COPS MPRS 

system cannot meet the requirements or 

objectives of the organization. After 

review and approval by HQDA, the 

installation and MACOM will complete 

and process the systems notice for 

publication in the Federal Register per 

AR 340–21 and the Privacy Act. 

(g) Security of automated systems is 

governed by AR 380–19. Provost 

marshals using automated systems will 

appoint, in writing, an Information 

Assurance Security Officer (IASO) who 

will ensure implementation of 

automation security requirements 

within the organization. Passwords used 

to control systems access will be 

generated, issued, and controlled by the 

IASO. 

(h) Supervisors at all levels will 

ensure that personnel whose duties 

involve preparation, processing, filing, 

and release of military police records 

are knowledgeable of and comply with 

policies and procedures contained in 

this part, AR 25–55, AR 340–21, and 

other applicable HQDA directives. 

Particular attention will be directed to 

provisions on the release of information 

and protection of privacy. 

(i) Military police records identifying 

juveniles as offenders will be clearly 

marked as juvenile records and will be 

kept secure from unauthorized access by 

individuals. Juvenile records may be 

stored with adult records but clearly 

designated as juvenile records even after 

the individual becomes of legal age. In 

distributing information on juveniles, 

provost marshals will ensure that only 

individuals with a clear reason to know 

the identity of a juvenile are provided 

the identifying information on the 

juvenile. For example, a community 

commander is authorized to receive 

pertinent information on juveniles. 

When a MPR identifying juvenile 

offenders must be provided to multiple 

commanders or supervisors, the provost 

marshal must sanitize each report to 

withhold juvenile information not 

pertaining to that commander’s area of 

responsibility. 

(j) Military police records in the 

custody of USACRC will be processed, 

stored and maintained in accordance 

with policy established by the Director, 

USACRC.

§ 635.2 Safeguarding official information. 

(a) Military police records are 

unclassified except when they contain 

national security information as defined 

in AR 380–5. 

(b) When military police records 

containing personal information 

transmitted outside the installation law 

enforcement community to other 

departments and agencies within DOD, 

such records will be marked ‘‘For 

Official Use Only.’’ Records marked 

‘‘For Official Use Only’’ will be 

transmitted as prescribed by AR 25–55. 

Use of an expanded marking is required 

for certain records transmitted outside 

DOD per AR 25–55. 

(c) Military police records may also be 

released to Federal, state, local or 

foreign law enforcement agencies as 

prescribed by AR 340–21. Expanded 

markings will be applied to these 

records.

§ 635.3 Special requirements of the 

Privacy Act of 1974.

(a) Certain personal information is 

protected under the Privacy Act and AR 

340–21. 

(b) Individuals requested to furnish 

personal information must normally be 

advised of the purpose for which the 

information is routinely used. 

(c) Army law enforcement personnel 

performing official duties often require 

an individual’s SSN for identification 

purposes. Personal information may be 

obtained from identification documents 

without violating an individual’s 

privacy and without providing a Privacy 

Act Statement. This personal 

information can be used to complete 

military police reports and records. The 

following procedures may be used to 

obtain SSNs: 

(1) Active Army, U.S. Army Reserve 

(USAR), Army National Guard (ARNG) 

and retired military personnel are 

required to produce their DD Form 2A 

(Act), DD Form 2 (Act), DD Form 2 

(Res), or DD Form 2 (Ret) (U.S. Armed 

Forces of the United States General 

Convention Identification Card), or 

other government issued identification, 

as appropriate. 

(2) Family members of sponsors may 

be requested to produce their DD Form 

1173 (Uniformed Services Identification 

and Privilege Card). Information 

contained thereon (for example, the 

sponsor’s SSN) may be used to verify 

and complete applicable sections of 

MPRs and related forms. 

(3) DOD civilian personnel may be 

requested to produce their appropriate 

service identification. DA Form 1602 

(Civilian Identification) may be 

requested from DA civilian employees. 

If unable to produce such identification, 

DOD civilians may be requested to 

provide other verifying documentation. 

(4) Non-DOD civilians, including 

family members and those whose status 

is unknown, will be advised of the 

provisions of the Privacy Act Statement 

when requested to disclose their SSN. 

(d) Requests for new systems of 

military police records, changes to 

existing systems, and continuation 

systems, not addressed in existing 

public notices will be processed as 

prescribed in AR 340–21, after approval 

is granted by HQDA, OPMG (DAPM–

MPD–LE).

§ 635.4 Administration of expelled or 

barred persons file. 

(a) When action is completed by an 

installation commander to bar an 

individual from the installation under 

18 U.S.C. 1382 the installation provost 

marshal will be provided—

(1) A copy of the letter or order 

barring the individual. 

(2) Reasons for the bar. 

(3) Effective date of the bar and period 

covered. 

(b) The provost marshal will maintain 

a list of barred or expelled persons. 

When the bar or expulsion action is 

predicated on information contained in 

military police investigative records, the 

bar or expulsion document will 

reference the appropriate military police 

record or MPR. When a MPR results in 

the issuance of a bar letter the provost 

marshal will forward a copy of the bar 

letter to Director, USACRC to be filed 

with the original MPR. The record of the 

bar will also be entered into COPS, in 

the Vehicle Registration module, under 

Barrings.

§ 635.5 Police intelligence/criminal 

information.

(a) The purpose of gathering police 

intelligence is to identify individuals or 

groups of individuals in an effort to 

anticipate, prevent, or monitor possible 

criminal activity. If police intelligence is 

developed to the point where it 

factually establishes a criminal offense, 

an investigation by the military police, 

U.S. Army Criminal Investigation 

Command (USACIDC) or other 

investigative agency will be initiated. 

(b) Information on persons and 

organizations not affiliated with DOD 

may not normally be acquired, reported, 

processed or stored. Situations 

justifying acquisition of this information 

include, but are not limited to—

(1) Theft, destruction, or sabotage of 

weapons, ammunition, equipment 

facilities, or records belonging to DOD 

units or installations. 

75248 Federal Register / Vol. 69, No. 241 / Thursday, December 16, 2004 / Rules and Regulations 

(2) Possible compromise of classified 

defense information by unauthorized 

disclosure or espionage. 

(3) Subversion of loyalty, discipline, 

or morale of DA military or civilian 

personnel by actively encouraging 

violation of laws, disobedience of lawful 

orders and regulations, or disruption of 

military activities. 

(4) Protection of Army installations 

and activities from potential threat. 

(5) Information received from the FBI, 

state, local, or international law 

enforcement agencies which directly 

pertain to the law enforcement mission 

and activity of the installation provost 

marshal office, MACOM provost 

marshal office, or that has a clearly 

identifiable military purpose and 

connection. A determination that 

specific information may not be 

collected, retained or disseminated by 

intelligence activities does not indicate 

that the information is automatically 

eligible for collection, retention, or 

dissemination under the provisions of 

this part. The policies in this section are 

not intended and will not be used to 

circumvent any federal law that restricts 

gathering, retaining or dissemination of 

information on private individuals or 

organizations. 

(c) Retention and disposition of 

information on non-DOD affiliated 

individuals and organizations are 

subject to the provisions of AR 380–13 

and AR 25–400–2. 

(d) Police intelligence will be actively 

exchanged between DOD law 

enforcement agencies, military police, 

USACIDC, local, state, federal, and 

international law enforcement agencies. 

One tool developed by DOD for sharing 

police intelligence is the Joint 

Protection Enterprise Network (JPEN). 

JPEN provides users with the ability to 

post, retrieve, filter, and analyze realworld events. There are seven reporting 

criteria for JPEN: 

(1) Non-specific threats; 

(2) Surveillance; 

(3) Elicitation; 

(4) Tests of Security; 

(5) Repetitive Activities; 

(6) Bomb Threats/Incidents; and 

(7) Suspicious Activities/Incidents. 

(e) If a written extract from local 

police intelligence files is provided to 

an authorized investigative agency, the 

following will be included on the 

transmittal documents: ‘‘THIS 

DOCUMENT IS PROVIDED FOR 

INFORMATION AND USE. COPIES OF 

THIS DOCUMENT, ENCLOSURES 

THERETO, AND INFORMATION 

THEREFROM, WILL NOT BE FURTHER 

RELEASED WITHOUT THE PRIOR 

APPROVAL OF THE INSTALLATION 

PROVOST MARSHAL.’’

(f) Local police intelligence files may 

be exempt from certain disclosure 

requirements by AR 25–55 and the 

Freedom of Information Act (FOIA).

§ 635.6 Name checks. 

(a) Information contained in military 

police records may be released under 

the provisions of AR 340–21 to 

authorized personnel for valid 

background check purposes. Examples 

include child care/youth program 

providers, access control, unique or 

special duty assignments, and security 

clearance procedures. Any information 

released must be restricted to that 

necessary and relevant to the requester’s 

official purpose. Provost marshals will 

establish written procedures to ensure 

that release is accomplished in 

accordance with AR 340–21. 

(b) Checks will be accomplished by a 

review of the COPS MPRS. Information 

will be disseminated according to 

subpart B of this part. 

(c) In response to a request for local 

files or name checks, provost marshals 

will release only founded offenses with 

final disposition. Offenses determined 

to be unfounded will not be released. 

These limitations do not apply to 

requests submitted by law enforcement 

agencies for law enforcement purposes, 

and counterintelligence investigative 

agencies for counterintelligence 

purposes. 

(d) COPS MPRS is a database, which 

will contain all military police reports 

filed worldwide. Authorized users of 

COPS MPRS can conduct name checks 

for criminal justice purposes. To 

conduct a name check, users must have 

either the social security number/

foreign national number, or the first and 

last name of the individual. If a search 

is done by name only, COPS MPRS will 

return a list of all matches to the data 

entered. Select the appropriate name 

from the list. 

(e) A successful query of COPS MPRS 

would return the following information: 

(1) Military Police Report Number; 

(2) Report Date; 

(3) Social Security Number; 

(4) Last Name; 

(5) First Name; 

(6) Protected Identity (Y/N); 

(7) A link to view the military police 

report; and 

(8) Whether the individual is a 

subject, victim, or a person related to 

the report disposition. 

(f) Name checks will include the 

criteria established in COPS MPRS and 

the USACRC. All of the policies and 

procedures for such checks will 

conform to the provisions of this part. 

Any exceptions to this policy must be 

coordinated with HQDA, Office of the 

Provost Marshal General before any 

name checks are conducted. The 

following are examples of appropriate 

uses of the name check feature of COPS 

MPRS: 

(1) Individuals named as the subjects 

of serious incident reports. 

(2) Individuals named as subjects of 

investigations who must be reported to 

the USACRC. 

(3) Employment as child care/youth 

program providers. 

(4) Local checks of the COPS MPRS as 

part of placing an individual in the 

COPS MPRS system. 

(5) Name checks for individuals 

employed in law enforcement positions.

(g) Provost marshals will ensure that 

an audit trail is established and 

maintained for all information released 

from military police records. 

(h) Procedures for conduct of name 

checks with the USACRC are addressed 

in AR 195–2. The following information 

is required for USACRC name checks 

(when only the name is available, 

USACRC should be contacted 

telephonically for assistance): 

(1) Full name, date of birth, SSN, and 

former service number of the individual 

concerned. 

(2) The specific statute, directive, or 

regulation on which the request is 

based, when requested for other than 

criminal investigative purposes. 

(i) Third party checks (first party asks 

second party to obtain information from 

third party on behalf of first party) will 

not be conducted.

§ 635.7 Registration of sex offenders. 

Soldiers who are convicted by courtmartial for certain sexual offenses must 

comply with any applicable state 

registration requirements in effect in the 

state in which they intend to reside. See 

AR 190–47, Chapter 14 and AR 27–10, 

Chapter 24. This is a statutory 

requirement based on the Jacob 

Wetterling Act, and implemented by 

DOD Instruction 1325.7, and AR 27–10. 

Provost Marshals should coordinate 

with their local Staff Judge Advocate to 

determine if an individual must register. 

The registration process will be 

completed utilizing the state registration 

form, which is available through state 

and local law enforcement agencies. A 

copy of the completed registration form 

will be maintained in the installation 

Provost Marshal Office. Additionally, a 

Military Police Report (DA Form 3975) 

will be completed as an information 

entry into COPS. Installation Provost 

Marshals will provide written notice to 

state and local law enforcement 

agencies of the arrival of an offender to 

the local area so the registration process 

can be completed.

Federal Register / Vol. 69, No. 241 / Thursday, December 16, 2004 / Rules and Regulations 75249

Subpart B—Release of Information

§ 635.8 General. 

(a) The policy of HQDA is to conduct 

activities in an open manner and 

provide the public accurate and timely 

information. Accordingly, law 

enforcement information will be 

released to the degree permitted by law 

and Army regulations. 

(b) Any release of military police 

records or information compiled for law 

enforcement purposes, whether to 

persons within or outside the Army, 

must be in accordance with the FOIA 

and Privacy Act. 

(c) Requests by individuals for access 

to military police records about 

themselves will be processed in 

compliance with AR 25–55 and AR 

340–21. 

(d) Military police records in the 

temporary possession of another 

organization remain the property of the 

originating law enforcement agency. 

The following procedures apply to any 

organization authorized temporary use 

of military police records: 

(1) Any request from an individual 

seeking access to military police records 

will be immediately referred to the 

originating law enforcement agency for 

processing. 

(2) When the temporary purpose of 

the using organization has been 

satisfied, the military police records will 

be destroyed or returned to the 

originating law enforcement agency. 

(3) A using organization may maintain 

information from military police records 

in their system of records, if approval is 

obtained from the originating law 

enforcement agency. This information 

may include reference to a military 

police record (for example, MPR 

number or date of offense), a summary 

of information contained in the record, 

or the entire military police record. 

When a user includes a military police 

record in its system of records, the 

originating law enforcement agency may 

delete portions from that record to 

protect special investigative techniques, 

maintain confidentiality, preclude 

compromise of an investigation, and 

protect other law enforcement interests.

§ 635.9 Guidelines for disclosure within 

DOD. 

(a) Criminal record information 

contained in military police documents 

will not be disseminated unless there is 

a clearly demonstrated official need to 

know. A demonstrated official need to 

know exists when the record is 

necessary to accomplish a function that 

is within the responsibility of the 

requesting activity or individual, is 

prescribed by statute, DOD directive, 

regulation, or instruction, or by Army 

regulation. 

(1) Criminal record information may 

be disclosed to commanders or staff 

agencies to assist in executing criminal 

justice functions. Only that information 

reasonably required will be released. 

Such disclosure must clearly relate to a 

law enforcement function. 

(2) Criminal record information 

related to subjects of criminal justice 

disposition will be released when 

required for security clearance 

procedures. 

(3) Criminal record information may 

be released to an activity when matters 

of national security are involved. 

(4) When an individual informs an 

activity of criminal record information 

pertaining to them, the receiving 

activity may seek verification of this 

information through the responsible law 

enforcement agency or may forward the 

request to that organization. The 

individual must be advised by the 

receiving agency of the action being 

pursued. Law enforcement agencies will 

respond to such requests in the same 

manner as FOIA and Privacy Act cases. 

(b) Nothing in this part will be 

construed to limit the dissemination of 

information between military police, the 

USACIDC, and other law enforcement 

agencies within the Army and DOD.

§ 635.10 Release of information. 

(a) Release of information from Army 

records to agencies outside DOD will be 

governed by AR 25–55, AR 340–21, AR 

600–37, and this part. Procedures for 

release of certain other records and 

information is contained in AR 20–1, 

AR 27–20, AR 27–40, AR 40–66, AR 

195–2, AR 360–1, and AR 600–85. 

Installation drug and alcohol offices 

may be provided an extract of DA Form 

3997 (Military Police Desk Blotter) for 

offenses indicating excessive use of 

alcohol (for example, drunk driving or 

disorderly conduct) or illegal use of 

drugs. 

(b) Installation provost marshals are 

the release authorities for military 

police records under their control. They 

may release criminal record information 

to other activities as prescribed in AR 

25–55 and AR 340–21, and this part. 

(c) Authority to deny access to 

criminal records information rests with 

the initial denial authority (IDA) for the 

FOIA and the access and amendment 

refusal authority (AARA) for Privacy 

Acts cases, as addressed in AR 25–55 

and AR 340–21.

§ 635.11 Release of information under the 

Freedom of Information Act (FOIA). 

(a) The release and denial authorities 

for all FOIA cases concerning military 

police records include provost marshals 

and the Commander, USACIDC. 

Authority to act on behalf of the 

Commander, USACIDC is delegated to 

the Director, USACRC.

(b) FOIA requests from members of 

the press will be coordinated with the 

installation public affairs officer prior to 

release of records under the control of 

the installation provost marshal. When 

the record is on file at the USACRC the 

request must be forwarded to the 

Director, USACRC. 

(c) Requests will be processed as 

prescribed in AR 25–55 and as follows: 

(1) The provost marshal will review 

requested reports to determine if any 

portion is exempt from release. Any 

discretionary decision to disclose 

information under the FOIA should be 

made only after full and deliberate 

consideration of the institutional, 

commercial, and personal privacy 

interests that could be implicated by 

disclosure of the information. 

(2) Statutory and policy questions will 

be coordinated with the local staff judge 

advocate. 

(3) Coordination will be completed 

with the local USACIDC activity to 

ensure that the release will not interfere 

with a criminal investigation in progress 

or affect final disposition of an 

investigation. 

(4) If it is determined that a portion 

of the report, or the report in its entirety 

will not be released, the request to 

include a copy of the MPR or other 

military police records will be 

forwarded to the Director, USACRC, 

ATTN: CICR–FP, 6010 6th Street, Fort 

Belvoir, VA 22060–5585. The requestor 

will be informed that their request has 

been sent to the Director, USACRC, and 

provided the mailing address for the 

USACRC. When forwarding FOIA 

requests, the outside of the envelope 

will be clearly marked ‘‘FOIA 

REQUEST.’’

(5) A partial release of information by 

a provost marshal is permissible when 

partial information is acceptable to the 

requester. (An example would be the 

deletion of a third party’s social security 

number, home address, and telephone 

number, as permitted by law). If the 

requester agrees to the omission of 

exempt information, such cases do not 

constitute a denial. If the requester 

insists on the entire report, a copy of the 

report and the request for release will be 

forwarded to the Director, USACRC. 

There is no requirement to coordinate 

such referrals at the installation level. 

The request will simply be forwarded to 

the Director, USACRC for action. 

(6) Requests for military police 

records that have been forwarded to 

USACRC and are no longer on file at the 

75250 Federal Register / Vol. 69, No. 241 / Thursday, December 16, 2004 / Rules and Regulations 

installation provost marshal office will 

be forwarded to the Director, USACRC 

for processing. 

(7) Requests concerning USACIDC 

reports of investigation or USACIDC 

files will be referred to the Director, 

USACRC. In each instance, the 

requestor will be informed of the 

referral and provided the Director, 

USACRC address. 

(8) Requests concerning records that 

are under the supervision of an Army 

activity, or other DOD agency, will be 

referred to the appropriate agency for 

response.

§ 635.12 Release of Information under the 

Privacy Act of 1974. 

(a) Military police records may be 

released according to provisions of the 

Privacy Act of 1974, as implemented by 

AR 340–21 and this part. 

(b) The release and denial authorities 

for all Privacy Act cases concerning 

military police records are provided in 

§ 635.10 of this part. 

(c) Privacy Act requests for access to 

a record, when the requester is the 

subject of that record, will be processed 

as prescribed in AR 340–21.

§ 635.13 Amendment of records. 

(a) Policy. An amendment of records 

is appropriate when such records are 

established as being inaccurate, 

irrelevant, untimely, or incomplete. 

Amendment procedures are not 

intended to permit challenging an event 

that actually occurred. For example, a 

request to remove an individual’s name 

as the subject of a MPR would be proper 

providing credible evidence was 

presented to substantiate that a criminal 

offense was not committed or did not 

occur as reported. Expungement of a 

subject’s name from a record because 

the commander took no action or the 

prosecutor elected not to prosecute 

normally will not be approved. In 

compliance with DOD policy, an 

individual will still remain entered in 

the Defense Clearance Investigations 

Index (DCII) to track all reports of 

investigation. 

(b) Procedures. (1) Installation provost 

marshals will review amendment 

requests. Upon receipt of a request for 

an amendment of a military police 

record that is five or less years old, the 

installation provost marshal will gather 

all relevant available records at their 

location. A decision to grant or deny the 

request will be made by the 

Commanding General, USACIDC. In 

accordance with AR 340–21, paragraph 

1–7l, the Commanding General, 

USACIDC is the sole access and 

amendment authority for criminal 

investigation reports and military police 

reports. Access and amendment refusal 

authority is not delegable. If the 

decision is made to amend a MPR, a 

supplemental DA Form 3975 will be 

prepared. The supplemental DA Form 

3975 will change information on the 

original DA Form 3975 and will be 

mailed to the Director, USACRC with 

the amendment request from the 

requestor as an enclosure. The Director, 

USACRC will file the supplemental DA 

Form 3975 with the original MPR. 

(2) Requests to amend military police 

documents that are older than five years 

will be coordinated through the 

Director, USACRC. The installation 

provost marshal will provide the 

Director, USACRC a copy of an 

individual’s request to amend a military 

police record on file at the USACRC. If 

the Director, USACRC receives an 

amendment request, the correspondence 

with any documentation on file at the 

USACRC will be sent to the originating 

provost marshal office. The installation 

provost marshal will review the request 

and either approve the request or 

forward it to the Director, USACRC for 

denial. A copy of the provost marshal’s 

decision must be sent to the Director, 

USACRC to be filed in the USACRC 

record. If an amendment request is 

granted, copies of the supplemental DA 

Form 3975 will be provided to each 

organization, activity, or individual who 

received a copy of the original DA Form 

3975. 

(3) If the provost marshal office no 

longer exists, the request will be staffed 

with the major Army commander that 

had oversight responsibility for the 

provost marshal office at the time the 

DA Form 3975 was originated.

§ 635.14 Accounting for military police 

record disclosure. 

(a) AR 340–21 prescribes accounting 

policies and procedures concerning the 

disclosure of military police records. 

(b) Provost Marshals will develop 

local procedures to ensure that 

disclosure data requirements by AR 

340–21 are available on request.

§ 635.15 Release of law enforcement 

information furnished by foreign 

governments or international organizations.

(a) Information furnished by foreign 

governments or international 

organizations is subject to disclosure, 

unless exempted by AR 25–55, AR 340–

21, or federal statutes or executive 

orders. 

(b) Information may be received from 

a foreign source under an express 

pledge of confidentiality as described in 

AR 25–55 and AR 340–21 (or under an 

implied pledge of confidentiality given 

prior to September 27, 1975). 

(1) Foreign sources will be advised of 

the provisions of the Privacy Act of 

1974, the FOIA, and the general and 

specific law enforcement exemptions 

available, as outlined in AR 340–21 and 

AR 25–55. 

(2) Information received under an 

express promise of confidentiality will 

be annotated in the MPR or other 

applicable record. 

(3) Information obtained under terms 

of confidentiality must clearly aid in 

furthering a criminal investigation. 

(c) Denial recommendations 

concerning information obtained under 

a pledge of confidentiality, like other 

denial recommendations, will be 

forwarded by the records custodian to 

the appropriate IDA or AARA per AR 

25–55 or AR 340–21. 

(d) Release of U.S. information 

(classified military information or 

controlled unclassified information) to 

foreign governments is accomplished 

per AR 380–10.

Subpart C—Offense Reporting

§ 635.16 General. 

(a) This subpart establishes policy for 

reporting founded criminal offenses by 

Army installation and major Army 

command provost marshal offices. 

(b) This subpart prescribes reporting 

procedures, which require the use of the 

COPS MPRS and a systems 

administrator to ensure that the system 

is properly functioning. Reporting 

requirements include—

(1) Reporting individual offenders to 

the USACRC, NCIC, CJIS, and the DOD. 

(2) Crime reports to the DOD. DOD 

collects data from all the Services 

utilizing the Defense Incident-Based 

Reporting System (DIBRS). The Army 

inputs its data into DIBRS utilizing 

COPS. Any data reported to DIBRS is 

only as good as the data reported into 

COPS, so the need for accuracy in 

reporting incidents and utilizing proper 

offense codes is great. DIBRS data from 

DOD is eventually sent to the 

Department of Justice’s National 

Incident-Based Reporting System 

(NIBRS). The data is eventually 

incorporated into the Uniform Crime 

Report. 

(c) A provost marshal office initiating 

a DA Form 3975 or other military police 

investigation has reporting 

responsibility explained throughout this 

subpart and this part in general. 

(d) In the event the provost marshal 

office determines that their office does 

not have investigative responsibility or 

authority, the MPR will be terminated 

and the case cleared by exceptional 

clearance. A case cleared by exceptional 

clearance is closed by the provost 

Federal Register / Vol. 69, No. 241 / Thursday, December 16, 2004 / Rules and Regulations 75251

marshal when no additional 

investigative activity will be performed 

or the case is referred to another agency. 

If a case is transferred to the provost 

marshal from another law enforcement 

investigation agency the provost 

marshal office will have all reporting 

responsibility using the COPS MPRS 

system.

§ 635.17 Military Police Report. 

(a) General use. DA form 3975 is a 

multipurpose form used to—

(1) Record all information or 

complaints received or observed by 

military police. 

(2) Serve as a record of all military 

police and military police investigator 

activity. 

(3) Document entries made into the 

COPS MPRS system and other 

automated systems. 

(4) Report information concerning 

investigations conducted by civilian law 

enforcement agencies related to matters 

of concern to the U.S. Army. 

(5) Advise commanders and 

supervisors of offenses and incidents 

involving personnel or property 

associated with their command or 

functional responsibility. 

(6) Report information developed by 

commanders investigating incidents or 

conducting inspections that result in the 

disclosure of evidence that a criminal 

offense has been committed. 

(b) Special use. The DA Form 3975 

will be used to—

(1) Transmit completed DA Form 

3946 (Military Police Traffic Accident 

Report). This will include statements, 

sketches, or photographs that are sent to 

a commander or other authorized 

official. 

(2) Transmit the DD Form 1805 (U.S 

District Court Violation Notice) when 

required by local installation or U.S. 

Magistrate Court policy. The DA Form 

3975 is used to advise commanders or 

supervisors that military, civilian, or 

contract personnel have been cited on a 

DD Form 1805. 

(3) Match individual subjects with 

individual victims or witnesses, and 

founded criminal offenses. This is a 

federal statutory requirement. This is 

done using the relationships tab within 

COPS MPRS.

(4) Document victim/witness liaison 

activity. 

(c) Distribution. The DA Form 3975 

will be prepared in three copies, signed 

by the Provost Marshal or a designated 

representative, and distributed as 

follows—

(1) Original to USACRC. Further 

information, arising or developed at a 

later time, will be forwarded to 

USACRC using a supplemental DA 

Form 3975. Reports submitted to 

USACRC will include a good, legible 

copy of all statements, photographs, 

sketches, laboratory reports, and other 

information that substantiates the 

offense or facilitates the understanding 

of the report. The USACRC control 

number must be recorded on every DA 

Form 3975 sent to the USACRC. A 

report will not be delayed for 

adjudication or commander’s action 

beyond 45 days. 

(2) One copy retained in the provost 

marshal’s files. 

(3) One copy forwarded through the 

field grade commander to the immediate 

commander of each subject or 

organization involved in an offense. 

(d) Changing reports for unfounded 

offenses. If an offense is determined to 

be unfounded, after the case has been 

forwarded to USACRC, the following 

actions will be completed: 

(1) A supplemental DA Form 3975, 

using the same MPR number and 

USACRC control number will be 

submitted stating the facts of the 

subsequent investigation and that the 

case is unfounded. 

(2) A copy of the supplemental DA 

Form 3975 will be provided to those 

agencies or activities that received a 

copy of the completed DA Form 3975 at 

the time of submission to USACRC and 

to the commander for action.

§ 635.18 Identifying criminal incidents and 

subjects of investigation. 

(a) An incident will not be reported as 

a founded offense unless adequately 

substantiated by police investigation. A 

person or entity will be reported as the 

subject of an offense on DA Form 3975 

when credible information exists that 

the person or entity may have 

committed a criminal offense or are 

otherwise made the object of a criminal 

investigation. The decision to title a 

person is an operational rather than a 

legal determination. The act of titling 

and indexing does not, in and of itself, 

connote any degree of guilt or 

innocence; but rather, ensures that 

information in a report of investigation 

can be retrieved at some future time for 

law enforcement and security purposes. 

Judicial or adverse administrative 

actions will not be based solely on the 

listing of an individual or legal entity as 

a subject on DA Form 3975. 

(b) A known subject will be reported 

to the USACRC when the suspected 

offense is punishable by confinement of 

six months or more. The COPS MPRS 

will be used to track all other known 

subjects. A subject can be a person, 

corporation, or other legal entity, or 

organization about which credible 

information exists that would cause a 

reasonable person to suspect that the 

person, corporation, other legal entity or 

organization may have committed a 

criminal offense, or otherwise make 

them the object of a criminal 

investigation. 

(c) When investigative activity 

identifies a subject, all facts of the case 

must be considered. When a person, 

corporation, or other legal entity is 

entered in the subject block of the DA 

Form 3975, their identity is recorded in 

DA automated systems and the DCII. 

Once entered into the DCII, the record 

can only be removed in cases of 

mistaken identity. This policy is 

consistent with DOD reporting 

requirements. The Director, USACRC 

enters individuals from DA Form 3975 

into the DCII.

§ 635.19 Offense codes. 

(a) The offense code describes, as 

nearly as possible, the complaint or 

offense by using an alphanumeric code. 

Appendix C of AR 190–45 lists the 

offense codes that are authorized for use 

within the Army. This list will be 

amended from time to time based on 

new reporting requirements mandated 

by legislation or administrative 

procedures. MACOM commanders and 

installation provost marshals will be 

notified by special letters of instruction 

issued in numerical order from HQDA, 

Office of the Provost Marshal General 

(DAPM–MPD–LE) when additions or 

deletions are made to list. The COPS 

MPRS module will be used for all 

reporting requirements. 

(b) MACOMs and installations may 

establish local offense codes in category 

2 (major Army command and 

installation codes) for any offense not 

otherwise reportable. Locally 

established offense codes will not 

duplicate, or be used as a substitute for 

any offense for which a code is 

contained for other reportable incidents. 

Category 2 incidents are not reported to 

the Director, USACRC or the DOJ. If an 

offense occurs meeting the reporting 

description contained in Appendix C of 

AR 190–45, that offense code takes 

precedence over the local offense code. 

Local offense codes may be included, 

but explained, in the narrative of the 

report filed with the USACRC. Use the 

most descriptive offense code to report 

offenses. 

(c) Whenever local policy requires the 

provost marshal to list the subject’s 

previous offenses on DA Form 3975, 

entries will reflect a summary of 

disposition for each offense, if known.

§ 635.20 Military Police Codes (MPC). 

(a) MPCs identify individual provost 

marshal offices. The Director, USACRC 

75252 Federal Register / Vol. 69, No. 241 / Thursday, December 16, 2004 / Rules and Regulations 

will assign MPCs to provost marshal 

offices. 

(b) Requests for assignment of a MPC 

will be included in the planning phase 

of military operations, exercises, or 

missions when law enforcement 

operations are anticipated. The request 

for a MPC will be submitted as soon as 

circumstances permit, without 

jeopardizing the military operation to 

HQDA, Office of the Provost Marshal 

General (DAPM–MPD–LE). Consistent 

with security precautions, MACOMs 

will immediately inform HQDA, Office 

of the Provost Marshal General (DAPM–

MPD–LE) when assigned or attached 

military police units are notified for 

mobilization, relocation, activation, or 

inactivation. 

(c) When a military police unit is 

alerted for deployment to a location not 

in an existing provost marshal’s 

operational area, the receiving MACOM 

or combatant commander will request 

assignment of an MPC number from 

HQDA, Office of the Provost Marshal 

General (DAPM–MPD–LE) providing the 

area of operations does not have an 

existing MPC number. The receiving 

MACOM or Unified Combatant 

Commander is further responsible for 

establishing an operational COPS 

system for the deployment.

§ 635.21 USACRC control numbers. 

(a) Case numbers to support reporting 

requirements will be issued by the 

Director, USACRC to HQDA (DAPM–

MPD–LE) prior to the beginning of a 

new calendar year. HQDA, Office of the 

Provost Marshal General (DAPM–MPD–

LE) will release block numbers to each 

MACOM for assignment to their 

installation provost marshals. To ensure 

accuracy in reporting criminal 

incidents, USACRC control numbers 

will be used only one time and in 

sequence. Every MPR sent to the 

USACRC will have a USACRC control 

number reported. Violation of this 

policy could result in significant 

difficulties in tracing reports that 

require corrective action. 

(b) Each MACOM will report the 

USACRC control numbers they have 

assigned to their installations by January 

15th of each year. If during the calendar 

year the MACOM reassigns control 

numbers from one installation to 

another, HQDA, Office of the Provost 

Marshal General (DAPM–MPD–LE) will 

be notified. The Director USACRC will 

receive an information copy of such 

notification from the MACOM provost 

marshal office. 

(c) USACRC control numbers will be 

issued along with each newly assigned 

MPC. 

(d) When the deploying unit will be 

located in an area where there is an 

existing provost marshal activity, the 

deploying unit will use the MPC 

number and USACRC control numbers 

of the host provost marshal.

§ 635.22 Reserve component, U.S. Army 

Reserve, and Army National Guard 

personnel. 

(a) When in a military duty status 

pursuant to official orders (Federal 

status for National Guard) Reserve and 

National Guard personnel will be 

reported as active duty. Otherwise they 

will be reported as civilians. 

(b) The DA Form 3975 and DA Form 

4833 will be forwarded to the 

individual’s continental U.S. Army 

Commander, state adjutant, or 7th Army 

Reserve Command, as appropriate. The 

forwarding correspondence will reflect 

this part as the authority to request 

disposition of the individual.

§ 635.23 DA Form 4833 (Commander’s 

Report of Disciplinary or Administrative 

Action). 

(a) Use. DA Form 4833 is used with 

DA Form 3975 to—

(1) Record actions taken against 

identified offenders. 

(2) Report the disposition of offenses 

investigated by civilian law enforcement 

agencies. 

(b) Preparation by the provost 

marshal. The installation provost 

marshal initiates this critical document 

and is responsible for its distribution 

and establishing a suspense system to 

ensure timely response by commanders. 

Disposition reports are part of the 

reporting requirements within DA, 

DOD, and DOJ. 

(c) Completion by the unit 

commander. Company, troop, and 

battery level commanders are 

responsible and accountable for 

completing DA Form 4833 with 

supporting documentation in all cases 

investigated by MPI, civilian detectives 

employed by the Department of the 

Army, and the PMO. The Battalion 

Commander or the first Lieutenant 

Colonel in the chain of command is 

responsible and accountable for 

completing DA Form 4833 with support 

documentation (copies of Article 15s, 

court-martial orders, reprimands, etc) 

for all USACIDC investigations. The 

commander will complete the DA Form 

4833 within 45 days of receipt. 

(1) Appropriate blocks will be 

checked and blanks annotated to 

indicate the following: 

(i) Action taken (for example, judicial, 

nonjudicial, or administrative). In the 

event the commander takes action 

against the soldier for an offense other 

than the one listed on the DA Form 

3975, the revised charge or offense will 

be specified in the REMARKS section of 

the DA Form 4833. 

(ii) Sentence, punishment, or 

administrative action imposed. 

(iii) Should the commander take no 

action, the DA Form 4833 must be 

annotated to reflect that fact. 

(2) If the commander cannot complete 

the DA Form 4833 within 45 days, a 

written memorandum is required to 

explain the circumstances. The delay 

will have an impact on other reporting 

requirements (e.g., submitting 

fingerprint cards to the FBI). 

(d) Procedures when subjects are 

reassigned. When the subject of an 

offense is reassigned, the provost 

marshal will forward the DA Form 3975, 

DA Form 4833, and all pertinent 

attachments to the gaining installation 

provost marshal who must ensure that 

the new commander completes the 

document. Copies of the documents 

may be made and retained by the 

processing provost marshal office before 

returning the documents to the losing 

installation provost marshal for 

completion of automated entries and 

required reports. 

(e) Report on subjects assigned to 

other installations. When the DA Form 

3975 involves a subject who is assigned 

to another installation, the initiating 

provost marshal will forward the 

original and two copies of DA Form 

4833 to the provost marshal of the 

installation where the soldier is 

permanently assigned. The procedures 

in paragraph (d) of this section will be 

followed for soldiers assigned to other 

commands. 

(f) Offenses not reportable to 

USACRC. When the offense is not 

within a category reportable to 

USACRC, the original DA Form 4833 is 

retained by the provost marshal. 

Otherwise, the original is sent to the 

Director, USACRC for filing with the 

MPR. 

(g) Civilian court proceedings. If a 

soldier is tried in a civilian court, and 

the provost marshal has initiated a MPR, 

the provost marshal must track the 

civilian trial and report the disposition 

on DA Form 4833 as appropriate. That 

portion of the signature block of DA 

Form 4833 that contains the word 

‘‘Commanding’’ will be deleted and the 

word ‘‘Reporting’’ substituted. The 

provost marshal or other designated 

person will sign DA Form 4833 before 

forwarding it to USACRC. 

(h) Dissemination to other agencies. A 

copy of the completed DA Form 4833 

reflecting offender disposition will also 

be provided to those agencies or offices 

that originally received a copy of DA 

Federal Register / Vol. 69, No. 241 / Thursday, December 16, 2004 / Rules and Regulations 75253

Form 3975 when evidence is involved. 

The evidence custodian will also be 

informed of the disposition of the case. 

Action may then be initiated for final 

disposition of evidence retained for the 

case now completed. 

(i) Review of offender disposition by 

the provost marshal. On receipt of DA 

Form 4833 reflecting no action taken, 

the provost marshal will review the 

MPR. The review will include, but is 

not limited to the following—

(1) Determination of the adequacy of 

supporting documentation. 

(2) Whether or not coordination with 

the supporting Staff Judge Advocate 

should have been sought prior to 

dispatch of the report to the commander 

for action. 

(3) Identification of functions that 

warrant additional training of military 

police or security personnel (for 

example, search and seizure, evidence 

handling, or rights warning).

(j) Offender disposition summary 

reports. Provost marshals will provide 

the supported commander (normally, 

the general courts-martial convening 

authority or other persons designated by 

such authority) summary data of 

offender disposition as required or 

appropriate. Offender disposition 

summary data will reflect identified 

offenders on whom final disposition has 

been reported. These data will be 

provided in the format and at the 

frequency specified by the supported 

commander.

§ 635.24 Updating the COPS MPRS. 

Installation provost marshals will 

establish standard operating procedures 

to ensure that every founded offense is 

reported into the COPS MPRS. Timely 

and accurate reporting is critical. If a 

case remains open, changes will be 

made as appropriate. This includes 

reporting additional witnesses and all 

aspects of the criminal report.

§ 635.25 Submission of criminal history 

data to the CJIS. 

(a) General. This paragraph 

establishes procedures for submitting 

criminal history data (fingerprint cards) 

to CJIS when the provost marshal has 

completed a criminal inquiry or 

investigation. The policy only applies to 

members of the Armed Forces and will 

be followed when a military member 

has been read charges and the 

commander initiates proceedings for—

(1) Field Grade Article 15, Uniform 

Code of Military Justice. Initiation refers 

to a commander completing action to 

impose non-judicial punishment. Final 

disposition shall be action on appeal by 

the next superior authority, expiration 

of the time limit to file an appeal, or the 

date the military member indicates that 

an appeal will not be submitted. 

(2) A special or general courtsmartial. Initiation refers to the referral of 

court-martial charges to a specified 

court by the convening authority or 

receipt by the commander of an accused 

soldier’s request for discharge in lieu of 

court-martial. Final disposition of 

military judicial proceedings shall be 

action by the convening authority on the 

findings and sentence, or final approval 

of a discharge in lieu of court-martial. 

The procedures in this subpart meet 

administrative and technical 

requirements for submitting fingerprint 

cards and criminal history information 

to CJIS. No variances are authorized. 

Results of summary court-martial will 

not be reported to the FBI. 

(3) In instances where final action is 

taken by a magistrate, the provost 

marshal will complete the DA Form 

4833. 

(4) Provost marshal offices will 

submit fingerprint cards on subjects 

apprehended as a result of Drug 

Suppression Team investigations and 

operations unless the USACIDC is 

completing the investigative activity for 

a felony offense. In those cases, the 

USACIDC will complete the fingerprint 

report process. 

(b) Procedures. The following 

procedures must be followed when 

submitting criminal history data to CJIS. 

(1) Standard FBI fingerprint cards will 

be used to submit criminal history data 

to CJIS. FBI Form FD 249, (Suspect 

Fingerprint Card) will be used when a 

military member is a suspect or placed 

under apprehension for an offense listed 

in Appendix D of AR 190–45. Two FD 

249s will be completed. One will be 

retained in the provost marshal file. The 

second will be sent to the Director, 

USACRC and processed with the MPR 

as prescribed in this subpart. A third set 

of prints will also be taken on the FBI 

Department of Justice (DOJ) Form R–84 

(Final Disposition Report). The R–84 

requires completion of the disposition 

portion and entering of the offenses on 

which the commander took action. 

Installation provost marshals are 

authorized to requisition the fingerprint 

cards by writing to FBI, J. Edgar Hoover 

Building, Personnel Division, Printing 

Unit, Room lB973, 925 Pennsylvania 

Ave., NW, Washington, DC 20535–0001. 

(2) Fingerprint cards will be 

submitted with the MPR to the Director, 

USACRC, ATTN: CICR-CR, 6010 6th 

Street, Fort Belvoir, VA 22060–5585. 

The Director, CRC will forward the 

fingerprint card to CJIS. The USACRC is 

used as the central repository for 

criminal history information in the 

Army. They also respond to inquiries 

from CJIS, local, state and other federal 

law enforcement agencies. 

(3) Submission of the MPR with the 

FD 249 to USACRC will normally occur 

upon a commander’s initiation of 

judicial or nonjudicial proceedings 

against a military member. If final 

disposition of the proceeding is 

anticipated within 60 days of command 

initiation of judicial or nonjudicial 

proceedings, the FD 249 may be held 

and final disposition recorded on FD 

249. Provost marshals and commanders 

must make every effort to comply with 

the 60 days reporting requirement to 

ensure that the FD Form 249 is used as 

the primary document to submit 

criminal history to CJIS. Approval of a 

discharge in lieu of court-martial will be 

recorded as a final disposition showing 

the nature and character of the 

discharge in clear English (e.g., 

resignation in lieu of court-martial; 

other than honorable discharge). 

(4) If the commander provides the DA 

Form 4833 after the 60th day, a letter of 

transmittal will be prepared by the 

provost marshal forwarding the FBI 

(DOJ) R–84 with the DA Form 4833 to 

the USACRC within 5 days after 

disposition. Submission of fingerprint 

cards shall not be delayed pending 

appellate actions. Dispositions that are 

exculpatory (e.g., dismissal of charges, 

acquittal) shall also be filed.

(5) The procedures for submitting 

fingerprint cards will remain in effect 

until automated systems are in place for 

submission of fingerprints 

electronically.

§ 635.26 Procedures for reporting absence 

without leave (AWOL) and desertion 

offenses. 

(a) AWOL reporting procedures. (1) 

The commander will notify the 

installation provost marshal in writing 

within 24 hours after a soldier has been 

reported AWOL. 

(2) The provost marshal will initiate 

an information blotter entry. 

(3) If the AWOL soldier surrenders to 

the parent unit or returns to military 

control at another installation, the 

provisions of AR 630–10 will be 

followed. 

(4) On receipt of written notification 

of the AWOL soldier’s return or upon 

apprehension, the provost marshal will 

initiate a reference blotter entry 

indicating the soldier’s return to 

military control and will prepare an 

initial DA Form 3975, reflecting the 

total period of unauthorized absence, 

and the DA Form 4833. Both of these 

documents will be forwarded through 

the field grade commander to the unit 

commander. 

75254 Federal Register / Vol. 69, No. 241 / Thursday, December 16, 2004 / Rules and Regulations 

(5) The unit commander will report 

action taken on the DA Form 4833 no 

later than the assigned suspense date or 

provide a written memorandum to the 

provost marshal explaining the delay. 

(6) An original DD Form 460 

(Provisional Pass) is issued to the 

soldier to facilitate their return to the 

parent unit. DD Form 460 will not be 

required if the provost marshal elects to 

return the soldier through a different 

means. 

(7) If the soldier is apprehended at or 

returns to an installation other than his 

or her parent installation DA Form 3975 

and 4833 with a copy of DD Form 460 

will be sent to the parent installation 

provost marshal. The parent installation 

provost marshal will initiate an 

information blotter entry reflecting the 

AWOL soldiers return to military 

control. A DA Form 3975 and 4833 with 

an appropriate suspense will be sent 

through the field grade commander to 

the unit commander. On return of the 

completed DA Form 4833 from the unit 

commander, the original and one copy 

will be sent to the apprehending provost 

marshal. The parent installation provost 

marshal may retain a copy of DA Form 

3975 and DA Form 4833. 

(b) Desertion reporting procedures. (1) 

The unit commander must comply with 

the provisions of AR 630–10 when 

reporting a soldier as a deserter. 

(2) On receipt of the DD Form 553 

(Deserter/Absentee Wanted by the 

Armed Forces), the provost marshal 

will—

(i) Initiate a DA Form 3975 and a 

blotter entry reflecting the soldier’s 

desertion status. 

(ii) Complete portions of DD Form 553 

concerning the soldier’s driver’s license 

and vehicle identification. In the 

remarks section, add other information 

known about the soldier such as 

confirmed or suspected drug abuse; 

history of violent acts; history of 

escapes; attempted escapes from 

custody; suicidal tendencies; suspicion 

of involvement in crimes of violence 

(for which a charge sheet has been 

prepared and forwarded); history of 

unauthorized absences; and any other 

information useful in the apprehension 

process or essential to protect the 

deserter or apprehending authorities. 

(iii) An MPR number and a USACRC 

control number will be assigned to the 

case and be included in the remarks 

section of the DD Form 553.

(iv) The DD Form 553 must be 

returned to the unit commander within 

24 hours. 

(v) If the deserter surrenders to or is 

apprehended by the parent installation 

provost marshal, the provost marshal 

will telephonically verify the deserter’s 

status with the U.S. Army Deserter 

Information Point (USADIP). A 

reference blotter entry will be 

completed changing the soldier’s status 

from desertion to return to military 

control. 

(vi) If the deserter surrenders to or is 

apprehended by an installation not the 

parent installation, the provost marshal 

will telephonically verify the deserter’s 

status with USADIP. An information 

military police report will be prepared, 

utilizing the CRC number from the 

original military police report prepared 

by the parent installation. A blotter 

entry will also be prepared. 

(vii) A DD Form 616 (Report of Return 

of Absentee) will be completed when 

deserters are apprehended or surrender 

to military authority. The USACRC 

control number assigned to the DD Form 

553 will be included in the remarks 

section of the DD Form 616. 

(viii) Upon return of the deserter to 

military control, DA Forms 3975, 2804 

(Crime Records Data), fingerprint card 

and 4833 will be initiated. The MPR 

number and USACRC control number 

will be recorded on all four forms. 

(ix) The original DA Form 3975 and 

other pertinent documents will be sent 

to the Director, USACRC. The DA Form 

4833 must include the commander’s 

action taken, to include the 

Commander, Personnel Control Facility, 

or other commander who takes action 

based on the desertion charge.

§ 635.27 Vehicle Registration System. 

The Vehicle Registration System 

(VRS) is a module within COPS. Use of 

VRS to register vehicles authorized 

access to Army installations is 

mandated in AR 190–5. Within VRS 

there are various tabs for registration of 

vehicles authorized access to an 

installation, to include personal data on 

the owner of the vehicle. There are also 

tabs for registering weapons, bicycles, 

and pets. Information on individuals 

barred entry to an installation is also 

maintained within VRS.

§ 635.28 Domestic Violence and Protection 

Orders. 

(a) Responding to incidents of spouse 

abuse requires a coordinated effort by 

law enforcement, medical, and social 

work personnel, to include sharing 

information and records as permitted by 

law and regulation. AR 608–18 contains 

additional information about domestic 

violence and protective orders. 

(b) Appendix C of AR 190–45 

includes specific offense codes for 

domestic violence. All domestic 

violence incidents will be reported to 

the local PMO. All reported domestic 

violence incidents will be entered into 

MPRS, utilizing DA Form 3975. These 

codes will be utilized in addition to any 

other offense code that may be 

appropriate for an incident. For 

example, a soldier strikes his or her 

spouse. When entering the offense data 

into MPRS, both the offense code for 

assault (i.e. 5C2B) and the offense code 

for spouse abuse (from the 5D6 series) 

will be entered. 

(c) A military Protection Order is a 

written lawful order issued by a 

commander that orders a soldier to 

avoid contact with his or her spouse or 

children. Violations of a military 

Protection Order must be reported on 

DA Form 3975, entered into COPS, and 

entered into NCIC. Violations of a 

military Protection Order may be 

violations of Article 92, UCMJ. The 

commander should provide a written 

copy of the order within 24 hours of its 

issuance to the person with whom the 

member is ordered not to have contact. 

A copy should be forwarded to the 

installation Family Advocacy Program 

Manager (FAPM), the Chief, Social 

Work Service, and the installation 

military police. 

(d) A civilian Protection Order is an 

order issued by a judge, magistrate or 

other authorized civilian official, 

ordering an individual to avoid contact 

with his or her spouse or children. 

Pursuant to the Armed Forces Domestic 

Security Act a civilian protection order 

has the same force and effect on a 

military installation as such order has 

within the jurisdiction of the court that 

issued the order. Violations of a civilian 

Protection Order must be reported on 

DA Form 3975, entered into COPS, and 

entered into NCIC.

§ 635.29 Establishing Domestic Violence 

Memoranda of Understanding. 

(a) Coordination between military law 

enforcement personnel and local 

civilian law enforcement personnel is 

essential to improve information 

sharing, especially concerning domestic 

violence investigations, arrests, and 

prosecutions involving military 

personnel. Provost Marshals or other 

law enforcement officials shall seek to 

establish formal Memoranda of 

Understanding (MOU) with their 

civilian counterparts to establish or 

improve the flow of information 

between their agencies, especially in 

instances of domestic violence 

involving military personnel. MOUs can 

be used to clarify jurisdictional issues 

for the investigation of incidents, to 

define the mechanism whereby local 

law enforcement reports involving 

active duty service members will be 

forwarded to the appropriate 

installation law enforcement office, to 

Federal Register / Vol. 69, No. 241 / Thursday, December 16, 2004 / Rules and Regulations 75255

encourage the local law enforcement 

agency to refer victims of domestic 

violence to the installation Family 

Advocacy office or victim advocate, and 

to foster cooperation and collaboration 

between the installation law 

enforcement agency and local civilian 

agencies.

(b) MOUs should address the 

following issues: 

(1) A general statement of the purpose 

of the MOU. 

(2) An explanation of jurisdictional 

issues that affect respective 

responsibilities to and investigating 

incidents occurring on and off the 

installation. This section should also 

address jurisdictional issues when a 

civilian order of protection is violated 

on military property (see 10 U.S.C. 

1561a). 

(3) Procedures for responding to 

domestic violence incidents that occur 

on the installation involving a civilian 

alleged offender. 

(4) Procedures for transmitting 

incident/investigation reports and other 

law enforcement information on 

domestic violence involving active duty 

service members from local civilian law 

enforcement agencies to the installation 

law enforcement office. 

(5) Procedures for transmitting 

civilian protection orders (CPOs) issued 

by civilian courts or magistrates 

involving active duty service members 

from local law enforcement agencies to 

the installation law enforcement office. 

(6) Designation of the title of the 

installation law enforcement recipient 

of such information from the local law 

enforcement agency. 

(7) Procedures for transmitting 

military protection orders (MPOs) from 

the installation law enforcement office 

to the local civilian law enforcement 

agency with jurisdiction over the area in 

which the service member resides. 

(8) Designation of the title of the local 

law enforcement agency recipient of 

domestic violence and CPO information 

from the installation law enforcement 

agency. 

(9) Respective responsibilities for 

providing information to domestic 

violence victims regarding installation 

resources when either the victim or the 

alleged offender is an active duty 

service member. 

(10) Sharing of information and 

facilities during the course of an 

investigation in accordance with the 

Privacy Act of 1974 (see 5 U.S.C. section 

552a(b)(7)). 

(11) Regular meetings between the 

local civilian law enforcement agency 

and the installation law enforcement 

office to review cases and MOU 

procedures.

§ 635.30 Lost, abandoned, or unclaimed 

property. 

This is personal property that comes 

into the possession, custody, or control 

of the Army and is unclaimed by the 

owner. Property is considered to be 

abandoned only after diligent effort has 

been made to determine and locate its 

owner, the heir, next of kin, or legal 

representative. A military person who is 

ordered overseas and is unable to 

dispose of their personal property 

should immediately notify their chainof-command. The commander will 

appoint a board to rule on the 

disposition of the property. If a law 

enforcement agency takes custody of the 

property it will be tagged and a record 

made as shown in paragraph (a) of this 

section. A report will be made to the 

installation commander who will take 

action in accordance with DOD 

4160.21–M, chapter 4, paragraph 40, 

Defense Materiel Disposition Manual. 

Pending board action under DOD 

4160.21–M, the law enforcement agency 

having physical custody is responsible 

for the safekeeping of seized property. 

The following procedures should be 

used:

(a) Property will be tagged using DA 

Form 4002 (Evidence/Property Tag) or 

clearly identified by other means, 

inventoried, and made a matter of 

record. These records are kept by the 

custodian of the property. 

(b) Lost, abandoned, or unclaimed 

property will be kept in a room or 

container separate from one used to 

store property held as evidence. Records 

or logs of property not held as evidence 

will be separated from those pertaining 

to evidence. However, all property will 

be tagged, accounted for, and receipted 

for in a similar manner as evidence. 

(c) Property that has been properly 

identified through board action under 

DOD 4160.21–M as having an owner 

will be segregated and tagged with the 

name of that person. 

(d) Abandoned or unclaimed property 

will be held until its status can be 

determined. In many instances, lost 

property can be returned to the owner 

upon presentation of proof of 

ownership. 

(e) In all cases, a receipt should be 

obtained at time of release.

Subpart D—Army Quarterly Trends 

and Analysis Report

§ 635.31 General. 

(a) This subpart prescribes policies 

and procedures for the coordination and 

standardization of crime statistics 

reporting with HQDA. Crime statistical 

reports and trends provided to HQDA 

and other agencies and those related to 

special interests inquiries, the media, 

and the public must reflect uniformity 

in terminology, methods of 

presentation, and statistical portrayal to 

preclude misinterpretation of 

information. 

(b) Any report containing Army-wide 

aggregate crime data or statistics 

addressed to the Secretary of the Army, 

Chief of Staff of the Army, or Vice Chief 

of Staff of the Army will be coordinated 

and cleared with HQDA, Office of the 

Provost Marshal General (DAPM–MPD–

LE). Correspondence and reports will be 

coordinated with HQDA, Office of the 

Provost Marshal General (DAPM–MPD–

LE) prior to release to any agency, 

activity, or individual. 

(c) HQDA staff agencies and 

MACOMs authorized by regulation or 

statute to conduct independent 

investigations, audits, analyses, or 

inquiries need not coordinate reported 

information with HQDA, Office of the 

Provost Marshal General (DAPM–MPD–

LE) unless the information contains 

crime data for the Army as a whole. For 

example, reports submitted by 

USACIDC containing only USACIDC 

investigative data need not be 

coordinated with HQDA, Office of the 

Provost Marshal General (DAPM–MPD–

LE).

§ 635.32 Crime rate reporting. 

(a) The USACRC is the Army’s 

collection point and analytic center for 

all Army aggregate crime data. Requests 

for Army-wide crime data reports will 

be forwarded through HQDA, Office of 

the Provost Marshal General (DAPM–

MPD–LE) to the Director, USACRC. 

Replies will be routed back through 

HQDA Office of the Provost Marshal 

General (DAPM–MPD–LE) where they 

will be coordinated, as appropriate, 

prior to release. Requests for USACIDC, 

MACOM, or subordinate command 

specific crime data reports can be made 

directly to the specific command. 

Replies need not be coordinated with 

HQDA. 

(b) Requests for Army aggregate crime 

reports are limited to data collected and 

accessible through the Automated 

Criminal Investigative Reporting System 

(ACIRS) and COPS. 

(c) Routine collection of MACOM 

crime data, for use in Army-wide 

database, will be limited to that data 

collected by the above systems. 

MACOMs may determine internal data 

collection requirements. 

(d) All provost marshal crime data 

will be recorded and forwarded by 

installations through MACOMS using 

the COPS system. 

(e) In support of the Secretary Of the 

Army and the Office of the Chief of Staff 

75256 Federal Register / Vol. 69, No. 241 / Thursday, December 16, 2004 / Rules and Regulations 

of the Army, the Chief, Operations 

Division, Office of the Provost Marshal 

General, will determine the 

requirements for routine publication of 

Army aggregate crime statistics. 

(f) Normally, raw data will not be 

released without analysis on routine or 

non-routine requests. Comparison of 

MACOM crime data is generally not 

reported and should be avoided. 

General categories of CONUS or 

OCONUS are appropriate.

Subpart E—Victim and Witness 

Assistance Procedures

§ 635.33 General. 

(a) This subpart implements 

procedures to provide assistance to 

victims and witnesses of crimes that 

take place on Army installations and 

activities. The procedures in this 

subpart apply to—

(1) Every victim and witness. 

(2) Violations of the UCMJ, including 

crimes assimilated under the 

Assimilative Crimes Act reported to or 

investigated by military police. 

(3) Foreign nationals employed or 

visiting on an Army installation 

OCONUS. 

(b) Provost marshal personnel should 

refer to AR 27–10, chapter 18, for 

additional policy guidance on the Army 

Victim/Witness Program.

§ 635.34 Procedures. 

(a) As required by Federal law, Army 

personnel involved in the detection, 

investigation, and prosecution of crimes 

must ensure that victims and witnesses 

rights are protected. Victims rights 

include—

(1) The right to be treated with 

fairness, dignity, and a respect for 

privacy. 

(2) The right to be reasonably 

protected from the accused offender. 

(3) The right to be notified of court 

proceedings. 

(4) The right to be present at all public 

court proceedings related to the offense, 

unless the court determines that 

testimony by the victim would be 

materially affected if the victim heard 

other testimony at trial, or for other 

good cause. 

(5) The right to confer with the 

attorney for the Government in the case. 

(6) The right to restitution, if 

appropriate. 

(7) The right to information regarding 

conviction, sentencing, imprisonment, 

and release of the offender from 

custody. 

(b) In keeping with the requirements 

listed in paragraph (a) of this section, 

provost marshals must ensure that—

(1) All law enforcement personnel are 

provided copies of DD Form 2701 

(Initial Information for Victims and 

Witnesses of Crime). 

(2) A victim witness coordinator is 

appointed in writing. 

(3) Statistics are collected and 

reported into COPS. 

(4) Coordination with the installation 

staff judge advocate victim witness 

coordinator occurs to ensure that 

individuals are properly referred for 

information on restitution, 

administrative, and judicial 

proceedings. 

(5) Coordination with installation 

Family Advocacy Program’s Victim 

Advocate occurs to support victims of 

spouse abuse. Victim Advocacy services 

include crisis intervention, assistance in 

securing medical treatment for injuries, 

information on legal rights and 

proceedings, and referral to military and 

civilian shelters and other resources 

available to victims.

§ 635.35 Notification. 

(a) In addition to providing crime 

victims and witnesses a DD Form 2701, 

law enforcement personnel must ensure 

that individuals are notified about—

(1) Available military and civilian 

emergency medical care. 

(2) Social services, when necessary. 

(3) Procedures to contact the staff 

judge advocate victim/witness liaison 

office for additional assistance. 

(b) Investigating law enforcement 

personnel, such as military police 

investigators—

(1) Must ensure that victims and 

witnesses have been offered a DD Form 

2701. If not, investigating personnel will 

give the individual a copy. 

(2) In coordination with the provost 

marshal victim witness coordinator, 

provide status on investigation of the 

crime to the extent that releasing such 

information does not jeopardize the 

investigation. 

(3) Will, if requested, inform all 

victims and witnesses of the 

apprehension of a suspected offender.

§ 635.36 Statistical reporting 

requirements. 

(a) DOD policies on victim witness 

assistance require reporting of statistics 

on the number of individuals who are 

notified of their rights. The DA Form 

3975 provides for the collection of 

statistical information. 

(b) The COPS system supports 

automated reporting of statistics. HQDA, 

Office of the Provost Marshal General 

(DAPM–MPD–LE) as the program 

manager may require periodic reports to 

meet unique requests for information. 

(c) It is possible that a victim or 

witness may initially decline a DD Form 

2701. As the case progresses, the 

individual may request information. If a 

case is still open in the provost marshal 

office, the provost marshal victim 

witness coordinator shall provide the 

DA Form 2701 to the individual and 

update the records. Once the case is 

referred to the staff judge advocate or 

law enforcement activity ceases, COPS 

will not be updated.

[FR Doc. 04–27574 Filed 12–15–04; 8:45 am] 

BILLING CODE 3710–08–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 228

[FRL–7848–2] 

Ocean Disposal; Designation of a 

Dredged Material Disposal Site in 

Rhode Island Sound

AGENCY: Environmental Protection 

Agency.

ACTION: Final rule.

SUMMARY: The Environmental Protection 

Agency (EPA) today designates the 

Rhode Island Sound Disposal Site 

(RISDS) in Rhode Island Sound offshore 

of Rhode Island. This action is 

necessary to provide a long-term 

dredged material disposal site for the 

current and future disposal of dredged 

material from Rhode Island, 

southeastern Massachusetts, and 

surrounding harbors (hereinafter 

referred to as the Rhode Island Region, 

or RIR). The site designation is for an 

indefinite period of time. The RISDS 

will be subject to continuing monitoring 

to ensure that significant unacceptable, 

adverse environmental impacts do not 

occur. The action is described in the 

Rhode Island Region Long-Term 

Dredged Material Disposal Site 

Evaluation Project Final Environmental 

Impact Statement (FEIS), and the 

monitoring plan is described in the 

RISDS Site Management and Monitoring 

Plan (SMMP). The SMMP is provided as 

Appendix C of the FEIS. Site 

designation does not itself actually 

authorize the disposal of any particular 

dredged material at a site. Proposals to 

dispose of dredged material at a 

designated site are subject to projectspecific reviews and authorization and 

still must satisfy the criteria for ocean 

dumping.

DATES: This final regulation is effective 

on January 18, 2005.

ADDRESSES: EPA has established a file 

supporting this action that includes this 

rule, the FEIS and its appendices, 

including the SMMP, and other 

supporting documents. This information