26748 Federal Register / Vol. 65, No. 90 / Tuesday, May 9, 2000 / Rules and Regulations

it is a rule of ‘‘particular applicability.’’

Therefore, it is not subject to the

congressional review requirements in 5

U.S.C. 801–808.

List of Subjects in 21 CFR Part 522

Animal drugs.

Therefore, under the Federal Food,

Drug, and Cosmetic Act and under

authority delegated to the Commissioner

of Food and Drugs and redelegated to

the Center for Veterinary Medicine, 21

CFR part 522 is amended as follows:

PART 522—IMPLANTATION OR

INJECTABLE DOSAGE FORM NEW

ANIMAL DRUGS

1. The authority citation for 21 CFR

part 522 continues to read as follows:

Authority: 21 U.S.C. 360b.

2. Section 522.2477 is amended by

revising paragraphs (b), (d)(1)(i)(A),

(d)(1)(i)(B), (d)(1)(i)(C), (d)(1)(ii),

(d)(2)(i), (d)(2)(ii), and (d)(3)(i) to read as

follows:

§ 522.2477 Trenbolone acetate and

estradiol.

* * * * *

(b) Sponsors. See No. 012799 in

§ 510.600(c) of this chapter for use as in

paragraphs (d)(1)(i)(A), (d)(1)(i)(C),

(d)(1)(ii), (d)(1)(iii), (d)(2), and (d)(3) of

this section. See No. 021641 in

§ 510.600(c) of this chapter for use as in

paragraphs (d)(1)(i)(A), (d)(1)(i)(B),

(d)(1)(ii), (d)(1)(iii), and (d)(3) of this

section.

* * * * *

(d) * * *

(1) * * *

(i) * * *

(A) 120 milligrams (mg) trenbolone

acetate and 24 mg estradiol (one implant

consisting of 6 pellets, each pellet

containing 20 mg trenbolone acetate and

4 mg estradiol) per implant dose.

(B) 120 mg trenbolone acetate and 24

mg estradiol (one implant consisting of

7 pellets, each of 6 pellets containing 20

mg trenbolone acetate and 4 mg

estradiol, and 1 pellet containing 29 mg

tylosin tartrate) per implant dose.

(C) 200 mg trenbolone acetate and 20

mg estradiol (one implant consisting of

10 pellets, each pellet containing 20 mg

trenbolone acetate and 2 mg estradiol)

per implant dose.

(ii) Indications for use. For increased

rate of weight gain and improved feed

efficiency.

* * * * *

(2) Heifers fed in confinement for

slaughter—(i) Amount. 140 mg

trenbolone acetate and 14 mg estradiol

(one implant consisting of 7 pellets,

each pellet containing 20 mg trenbolone

acetate and 2 mg estradiol) per implant

dose.

(ii) Indications for use. For increased

rate of weight gain and improved feed

efficiency.

* * * * *

(3) * * * (i) Amount. 40 mg trenbolone

acetate and 8 mg estradiol (one implant

consisting of 2 pellets, each pellet

containing 20 mg trenbolone acetate and

4 mg estradiol) per implant dose.

* * * * *

Dated: April 25, 2000.

Claire M. Lathers,

Director, Office of New Animal Drug

Evaluation, Center for Veterinary Medicine.

[FR Doc. 00–11477 Filed 5–8–00; 8:45 am]

BILLING CODE 4160–01–F

DEPARTMENT OF DEFENSE

Department of the Navy

32 CFR Part 727

RIN 0703–AA59

Legal Assistance

AGENCY: Department of the Navy, DOD.

ACTION: Final rule.

SUMMARY: The Department of the Navy

is amending its regulations concerning

the provision of legal assistance to

military members and other persons

eligible for legal assistance to reflect

recent changes to Chapter VII of the

Manual of the Judge Advocate General.

DATES: Effective May 9, 2000.

ADDRESSES: Office of the Judge

Advocate General (Code 36), 1322

Patterson Avenue SE, Suite 3000,

Washington Navy Yard, DC 20374–

5066.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Commander Steven L.

Haycock, Judge Advocate General’s

Corps, U.S. Navy, Office of the Judge

Advocate General (Code 36), 1322

Patterson Avenue SE, Suite 3000,

Washington Navy Yard, DC 20374–

5066, Telephone number (202) 685–

4642.

SUPPLEMENTARY INFORMATION: Pursuant

to the authority cited below, the

Department of the Navy amends 32 CFR

Part 727, which is derived from Chapter

VII of the Manual of the Judge Advocate

General, to reflect changes to that

regulation. The amendment relates to

internal naval management and

personnel practices, and is being

published by the Department of the

Navy solely for the guidance and

interest of the public in accordance with

5 U.S.C. 552(a)(1). It has been

determined that invitation of public

comment on this amendment prior to

adoption would be impracticable and is

not required under the public

rulemaking provisions of 32 CFR parts

296 and 701. It has also been

determined that this rule is not a

‘‘significant regulatory action’’ as

defined in Executive Order 12866.

List of Subjects in 32 CFR Part 727

Legal services, Military law, Military

personnel.

Accordingly, 32 CFR part 727 is

amended as follows:

PART 727—LEGAL ASSISTANCE

1. The authority citation for part 727

continues to read as follows:

Authority: 5 U.S.C. 301; 10 U.S.C. 5031

and 5148; 32 CFR 700.206 and 700.1202.

2. Revise § 727.5 to read as follows:

§ 727.5 Persons eligible for assistance.

Legal assistance shall be available to

members of the Armed Forces of the

United States and their dependents, and

military personnel of allied nations

serving in the United States, its

territories or possessions. Legal

assistance is intended primarily for the

benefit of active duty personnel during

active service, including reservists (and

members of the National Guard) on

active duty for 30 days or more. As

resources permit, legal assistance may

be extended to retired military

personnel, their dependents, survivors

of members of the Armed Forces who

would be eligible were the service

member alive, reservists on active duty

for single periods of 29 days or less, and

in overseas areas, to civilians, other than

local-hire employees, who are in the

employ of, serving with, or

accompanying the U.S. Armed Forces,

and their dependents, when and if the

workload of the office renders such

service feasible, and other persons

authorized by the Judge Advocate

General of the Navy.

3. Amend § 727.6 by revising

paragraphs (a) introductory text, (a)(2),

(a)(6), and (d) to read as follows:

§ 727.6 Functions of legal assistance

officers.

(a) Basic duties. A legal assistance

officer, while performing legal

assistance duties, in addition to

performing any other duties which may

be assigned to him/her:

* * * * *

(2) Shall serve as advocate and

counsel for persons eligible for

assistance in connection with their

personal legal problems and may

Federal Register / Vol. 65, No. 90 / Tuesday, May 9, 2000 / Rules and Regulations 26749

prepare and sign correspondence on

behalf of a client, negotiate with another

party or his lawyer, and prepare all

types of legal documents, including

pleadings, as are appropriate.

* * * * *

(6) Shall advise persons with

complaints of discrimination on policies

and procedures under the Civil Rights

Act of 1964 and pertinent Navy

instructions.

* * * * *

(d) Professional legal advice. Legal

assistance is authorized for personal

legal affairs only, as contrasted with

military justice problems, business

ventures, or matters that are not of a

personal nature. Legal assistance duties

are separate and apart from

responsibilities of trial counsel, defense

counsel, or others involved in

processing courts-martial, nonjudicial

punishments, administrative boards or

proceedings, and investigations. Only

legal assistance officers are authorized

to render services that call for the

professional judgment of a lawyer. The

legal assistance officer may delegate

tasks to clerks, secretaries, and other lay

personnel provided the officer

maintains a direct relationship with the

client, supervises the delegated work,

and has complete professional

responsibility for the work product.

Services that call for the professional

judgment of a lawyer include, but are

not limited to, the preparation of wills

and powers of attorney, advising

personnel with respect to legal rights

and relationships, negotiating contracts,

and other matters requiring an educated

ability to relate the general body and

philosophy of law to a specified legal

problem of a client. Guidance in this

matter may be had from various official

sources including the ethical

considerations under the Code of

Professional Responsibility of the

American Bar Association.

4. Amend § 727.7 by revising

paragraphs (a), (b), (d) and (e) to read as

follows:

(a) Assistance in official military

matters. Legal Assistance duties are

separate and apart from the

responsibilities of a trial counsel,

defense counsel, or other officer

involved in the processing of courtsmartial, nonjudicial punishment,

administrative boards or proceedings,

investigations, or other official military

matters. Frequently, a service member

accused or suspected of an offense or

conduct leading to an administrative

proceeding will request advice from the

legal assistance officer. In such a case,

the service member should be advised

of the proper procedures for obtaining

counsel or advice. This limitation does

not prevent the assignment of the same

officer to perform the functions of a

legal assistance officer and the functions

of a defense counsel, counsel for

respondent, or counsel for a party.

(b) Domestic-relations cases. In

domestic-relations cases, a legal

assistance officer may provide advice

concerning the legal and practical

implications of divorce, legal

separation, annulment, custody, and

paternity. Assistance and advice in

domestic violence cases will be

consistent with the Department of the

Navy family advocacy program. If two

or more eligible persons with conflicting

interests seek legal assistance from the

same office on the same matter, the

party first establishing an attorney-client

relationship will be provided

representation. Other parties shall be

advised that they are also eligible for

assistance, but that it must be obtained

from another source, with the assistance

of and referral by the first office.

* * * * *

(d) Proceedings involving the United

States. A legal assistance officer shall

not advise on, assist in, or become

involved with, individual interests

opposed to or in conflict with the

United States without the specific

approval of the Judge Advocate General.

(e) Telephone inquiries. In the

absence of unusual or compelling

circumstances, legal advice should not

be given over the telephone. This does

not prohibit appropriate follow-up

telephone discussions between the legal

assistance attorney and the client.

5. Amend § 727.8 by revising the first

sentence to read as follows:

§ 727.8 Confidential and privileged

character of service provided.

All information and files pertaining to

the persons served will be treated as

confidential and privileged in the legal

sense as outlined in the Code of

Professional Responsibility, as opposed

to confidential in the military sense of

security information. * * *

6. Amend § 727.10 by revising

paragraphs (a) and (c) to read as follows:

§ 727.10 Fees, compensation, solicitation,

and representation in civilian courts.

(a) General. Active duty military

personnel and civilian employees of the

Navy and Marine Corps are prohibited

from accepting or receiving, directly or

indirectly, any fee or compensation of

any nature, in cash or otherwise, for

legal services rendered to any person

entitled to legal assistance under this

part whether or not the service rendered

is normally provided or available to

such person under this part and

whether or not the service is rendered

during duty hours as part of official

duties. Reserve judge advocates on

inactive duty are prohibited from

accepting or receiving any fee or

compensation of any nature, in cash or

otherwise, for legal services rendered to

any person entitled to legal assistance

under this part with respect to matters

about which they consulted or advised

said person in an official capacity.

* * * * *

(c) Representation before civilian

courts or agencies. No active duty Navy

or Marine Corps judge advocate may

appear as counsel on behalf of any

person entitled to legal assistance,

except as provided in paragraph (a)(3) of

§ 727.6, or the Expanded Legal

Assistance Program, or under guidelines

prescribed in the Manual of the Judge

Advocate General, before any civil

court, civil administrative tribunal, civil

regulatory body, or civil governmental

agency, in any proceeding, whether or

not a fee or other compensation is

accepted or received, without prior

written approval of the Judge Advocate

General, the administrator of the

applicable program, or the Commander,

Naval Legal Service Command, as

appropriate. Requests for such

permission may be in the form

prescribed in the Manual of the Judge

Advocate General.

7. Amend § 727.12 by revising

paragraph (b) to read as follows:

§ 727.12 Communications.

* * * * *

(b) The use of a legal assistance office

letterhead within the Department of the

Navy is authorized as an exception to

the standard letterhead requirements

contained in Department of Defense

Instructions. Naval Legal Service Offices

and other commands having authorized

legal assistance officers are authorized

to print and use letterheads without seal

or official command designation in

those matters in which the

correspondence pertains solely to legal

assistance matters. Legal assistance

officers are directed to ensure that their

correspondence does not imply United

States Navy or command sponsorship or

approval of the substance of the

correspondence. Such correspondence

is considered a private matter arising

from the attorney-client relationship as

indicated in § 727.8.

Dated: April 27, 2000.

J.L. Roth,

Lieutenant Commander, Judge Advocate

General’s Corps, U.S. Navy, Federal Register

Liaison Officer.

[FR Doc. 00–11505 Filed 5–8–00; 8:45 am]

BILLING CODE 3810–FF–P