10436 Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Proposed Rules 

major Federal actions within the 

meaning of section 102(2)(C) of the 

National Environmental Policy Act (42 

U.S.C. 4332(2)(C)). 

Paperwork Reduction Act 

This rule does not contain 

information collection requirements that 

require approval by OMB under the 

Paperwork Reduction Act (44 U.S.C. 

3507 et seq.). 

Regulatory Flexibility Act 

The Department of the Interior 

certifies that this rule will not have a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). The State submittal, 

which is the subject of this rule, is based 

upon counterpart Federal regulations for 

which an economic analysis was 

prepared and certification made that 

such regulations would not have a 

significant economic effect upon a 

substantial number of small entities. In 

making the determination as to whether 

this rule would have a significant 

economic impact, the Department relied 

upon the data and assumptions for the 

counterpart Federal regulations. 

Small Business Regulatory Enforcement 

Fairness Act 

This rule is not a major rule under 5 

U.S.C. 804(2), the Small Business 

Regulatory Enforcement Fairness Act. 

This rule: (a) Does not have an annual 

effect on the economy of $100 million; 

(b) Will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions; and (c) Does not 

have significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or the ability 

of U.S.-based enterprises to compete 

with foreign-based enterprises. This 

determination is based upon the 

analysis performed under various laws 

and executive orders for the counterpart 

Federal regulations. 

Unfunded Mandates 

This rule will not impose an 

unfunded mandate on State, local, or 

tribal governments or the private sector 

of $100 million or more in any given 

year. This determination is based upon 

the analysis performed under various 

laws and executive orders for the 

counterpart Federal regulations. 

List of Subjects in 30 CFR Part 920 

Intergovernmental relations, Surface 

mining, Underground mining. 

Dated: February 13, 2007. 

H. Vann Weaver, 

Acting Regional Director, Appalachian 

Region. 

[FR Doc. E7–4147 Filed 3–7–07; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF DEFENSE 

Department of the Air Force 

32 CFR Part 903 

[Docket No. USAF–2007–0001] 

RIN 0701–AA72 

Air Force Academy Preparatory School 

AGENCY: DoD, USAF. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule tells how 

to apply for the Air Force Academy 

Preparatory School. It also explains the 

procedures for selection, disenrollment, 

and assignment. This rule has been 

updated to identify USAFA’s revised 

mission statement, new selection 

criteria and updates of associated Air 

Force Instructions. 

DATES: Interested parties should submit 

written comments on or before May 7, 

2007. 

ADDRESSES: You may submit comments, 

identified by docket number and or RIN 

number and title, by any of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Federal Docket Management 

System Office, 1160 Defense Pentagon, 

Washington, DC 20301–1160. 

Instructions: All submissions received 

must include the agency name and 

docket number or Regulatory 

Information Number (RIN) for this 

Federal Register document. The general 

policy for comments and other 

submissions from members of the public 

is to make these submissions available 

for public viewing on the Internet at 

http://www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Scotty Ashley at (703) 695–3594, 

scotty.Ashley@pentagon.af.mil. 

SUPPLEMENTARY INFORMATION: 

Executive Order 12866, ‘‘Regulatory 

Planning and Review 

It has been determined that 32 CFR 

part 903 is not a significant regulatory 

action. This rule does not: 

(1) Have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy, a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

state, local, or tribal governments or 

communities; 

(2) Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency; 

(3) Materially alter the budgetary 

impact of entitlements, grants, user fees, 

or loan programs, or the rights and 

obligations of the recipients thereof; or 

(4) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in this Executive Order. 

Unfunded Mandates Reform Act (Sec. 

202, Pub. L. 104–4) 

It has been certified the 32 CFR part 

903 does not contain a Federal Mandate 

that may result in the expenditure by 

State, local and tribal governments, in 

aggregate, or by the private sector, of 

$100 million or more in any one year. 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C. 601) 

It has been determined that this rule 

is not subject to the Regulatory 

Flexibility Act (5 U.S.C. 601) because it 

would not, if promulgated, have a 

significant economic impact on a 

substantial number of small entities. 

This rule * * * 

Public Law 95–511, Paperwork 

Reduction Act’’ (44 U.S.C. Chapter 35) 

It has been certified that 32 CFR part 

903 does not impose any reporting or 

recordkeeping requirements under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. Chapter 35). 

Federalism (Executive Order 13132) 

It has been certified that 32 CFR part 

903 does not have federalism 

implications, as set forth in Executive 

Order 13132. This rule does not have 

substantial direct effects on: 

(1) The States; 

(2) The relationship between the 

National Government and the States; or 

(3) The distribution of power and 

responsibilities among the various 

levels of government. 

List of Subjects in 32 CFR Part 903 

Military academy; military personnel. 

Therefore, for the reasons set forth in 

the preamble, 32 CFR part 903 is 

proposed to be revised to read as 

follows: 

PART 903—AIR FORCE ACADEMY 

PREPARATORY SCHOOL 

Sec. 

903.1 Mission. 


pwalker on PROD1PC71 with PROPOSALS
Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Proposed Rules 10437 

903.2 Eligibility Requirements. 

903.3 Selection Criteria. 

903.4 Application Process and Procedures. 

903.5 Reserve Enlistment Procedures. 

903.6 Reassignment of Air Force Members 

to Become Cadet Candidates at the 

Preparatory School. 

903.7 Reassignment of Cadet Candidates 

Who Graduate From the Preparatory 

School With an Appointment to U.S. Air 

Force Academy (USAFA). 

903.8 Cadet Candidates Disenrollment. 

903.9 Cadet Records and Reassignment. 

Authority: 10 U.S.C. 8012, except as 

otherwise noted. 

Note: This part is derived from AFI 36–

3021, July 1, 1994. Part 806 of this chapter 

states the basic policies and instructions 

governing the disclosure of records and tells 

members of the public what they must do to 

inspect or obtain copies of the material 

referenced herein. 

§ 903.1 Mission. 

The mission of the United States Air 

Force Academy Preparatory School 

(USAFA/PL) is to motivate, prepare, and 

evaluate selected candidates in an 

educational, military, moral, and 

physical environment, to perform 

successfully and enhance diversity at 

USAFA. 

§ 903.2 Eligibility Requirements. 

(a) For admission to the HQ USAFA/ 

PL, applicants must be: 

(1) At least 17 and no more than 22 

years old by 1 July of the year of 

admission. 

(2) A citizen or permanent resident of 

the United States able to obtain 

citizenship (or Secretary of Defense 

waiver allowed by 10 U.S.C. 532(f)) by 

projected commissioning date. 

(3) Unmarried and have no 

dependents. 

(4) Of high moral character. 

Applicants must have no record of 

Uniform Code of Military Justice 

convictions or civil offenses beyond 

minor violations; no history of drug or 

alcohol abuse; and no prior behaviors, 

activities, or associations incompatible 

with USAF standards. 

(5) Medically qualified for 

appointment to the U.S. Air Force 

Academy (USAFA). 

(6) A member of the armed services or 

eligible to enlist in the U.S. Air Force 

Reserve. 

(b) Normally, applicants must not 

have previously attended college on a 

full-time basis or attended a U.S. 

Service Academy or a U.S. Service 

Academy Preparatory School. The 

Headquarters USAFA Registrar’s Office 

(HQ USAFA/RR) determines an 

applicant’s status in this regard. 

(c) Every applicant must be an active 

candidate in the USAFA admissions 

program, normally through one of 

following: 

(1) Nominated by a source specified 

in public law. 

(2) Identified by the USAFA as 

fulfilling institutional needs. 

(d) Members of the Air Force Reserve 

or Air National Guard (ANG) must agree 

to active duty service if admitted to the 

HQ USAFA/PL. Admitted ANG 

personnel first transfer to the Air Force 

Reserves before leaving their place of 

residence and being called to active 

duty. 

(e) Regular and reserve members of 

the Armed Forces and the National 

Guard must have completed basic 

training. 

(f) Regular members of the Armed 

Forces must have at least 1 year 

retainability when they enter the HQ 

USAFA/PL. 

§ 903.3 Selection Criteria. 

(a) Cadet candidates for the HQ 

USAFA/PL are selected on the basis of 

demonstrated character, test scores, 

medical examination, prior academic 

record, recommendation of the 

organization commander (if prior 

service), and other similar reports or 

records. USAFA is authorized to make 

selections IAW SECAF guidance 

including but not limited to selection 

from among enlisted personnel and 

recruited athletes. Each applicant must: 

(1) Achieve satisfactory scores on the 

Scholastic Aptitude Test (SAT) or the 

American College Testing Program 

(ACT). 

(2) Take and pass a medical 

evaluation administered through the 

Department of Defense Medical 

Evaluation Review Board (DODMERB). 

(3) Have an acceptable academic 

record as determined by HQ USAFA/ 

RR. Each applicant must furnish a 

certified transcript from each high 

school or civilian preparatory school 

attended. Applicants should send 

transcripts to HQ USAFA/RR, 2304 

Cadet Drive, Suite 200, USAF Academy 

CO 80840–5025. 

(4) Take the Candidate Fitness 

Assessment. 

(b) HQ USAFA/RR oversees the 

holistic review of each viable 

candidate’s record by a panel. This 

holistic review may include 

consideration of factors that would 

enhance diversity at USAFA, such as 

unique academic abilities, language 

skills, demonstrated leadership skills, 

foreign cultural knowledge, athletic 

prowess, flying aptitude, uncommon life 

experiences, demonstrated moral or 

physical courage or other performancebased factors. 

(c) HQ USAFA/RR also examines 

reports and records that indicate an 

applicant’s aptitude, achievement, or 

ability to graduate from the HQ USAFA/ 

PL in the selection process. 

(d) HQ USAFA/RR includes 

Preparatory School selection guidelines 

in the ‘‘Criteria and Procedures for Air 

Force Academy Appointment, Class of 

20XX’’ (Contract) and submits for 

Superintendent approval. 

(e) For members of the Armed Forces 

and the National Guard, HQ USAFA/RR 

also considers letters of 

recommendation from applicants’ unit 

commanders. 

§ 903.4 Application Process and 

Procedures. 

(a) Regular and Reserve members of 

the Air Force must send their 

applications to: HQ USAFA/RR, 2304 

Cadet Dr, Suite 200, USAF Academy CO 

80840–5025, no later than 31 January for 

admission the following summer. Those 

otherwise nominated to the Air Force 

Academy must complete all steps of 

admissions by 15 April. 

(b) Regular and Reserve members of 

the Air Force must complete AF Form 

1786 and submit it to their unit 

commander. 

(c) Regular and Reserve members of 

the Army, Navy, or Marine Corps, as 

well as members of the National Guard, 

must submit a letter of application 

through their unit commander. 

(d) Civil Air Patrol (CAP) cadets send 

their applications to HQ USAFA/RR and 

must apply to CAP National 

Headquarters by 31 January for 

nomination. 

(e) HQ USAFA/RR automatically 

considers civilian candidates for 

admission who have a nomination to 

the USAFA, but were not selected. 

§ 903.5 Reserve Enlistment Procedures. 

(a) Civilians admitted to the HQ 

USAFA/PL take the oath of enlistment 

on the date of their initial in-processing 

at the HQ USAFA/PL. Their effective 

date of enlistment is the date they take 

this oath. 

(b) Civilians who enlist for the 

purpose of attending the HQ USAFA/PL 

will be awarded the rank of E–1. These 

cadet candidates are entitled to the 

monthly student pay at the same rate as 

USAFA cadets according to United 

States Code Title 37, Section 203. 

§ 903.6 Reassignment of Air Force 

Members to Become Cadet Candidates at 

the Preparatory School. 

Selected Regular Air Force members 

at technical training schools remain 

there in casual status until the earliest 

reporting date for the HQ USAFA/PL. 

Students must not leave their training 


pwalker on PROD1PC71 with PROPOSALS
10438 Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Proposed Rules 

school without coordinating with HQ 

USAFA/RR. 

§ 903.7 Reassignment of Cadet Candidates 

who Graduate from the Preparatory School 

with an Appointment to U.S. Air Force 

Academy (USAFA). 

The following conditions apply to 

USAFA Cadet Enrollment for Cadet 

Candidates who graduate from the 

Preparatory School with an 

appointment to the USAFA: 

(a) The Air Force releases cadet 

candidates entering the USAFA from 

active duty and reassigns them to active 

duty as Air Force Academy cadets, 

effective on their date of entry into the 

USAFA in accordance with one of these 

authorities: 

(1) The Department of Air Force letter 

entitled Members of the Armed Forces 

Appointed to a Service Academy, 8 July 

1957. 

(2) Title 10, United States Code, 

Sections 516 and 523. Air Force 

Instruction (AFI) 36–3208, 

Administrative Separation of Airmen. 

(b) The Air Force discharges active 

Reserve cadet candidates who enlisted 

for the purpose of attending the HQ 

USAFA/PL in accordance with AFI 36–

3208 and reassigns them to active duty 

as Air Force Academy cadets, effective 

on their date of entry into the USAFA. 

§ 903.8 Cadet Candidate Disenrollment. 

(a) In accordance with AFI 36–3208, 

the Commander, HQ USAFA/PL, may 

disenroll a student who: 

(1) Fails to meet and maintain HQ 

USAFA/PL educational, military, 

character, or physical fitness standards. 

(2) Fails to demonstrate adaptability 

and suitability for participation in 

USAFA educational, military, character, 

or physical training programs. 

(3) Displays unsatisfactory conduct. 

(4) Fails to meet statutory 

requirements for admission to the 

USAFA, for example: 

(i) Marriage or acquiring legal 

dependents. 

(ii) Medical disqualification. 

(iii) Refusal to serve as a 

commissioned officer in the U.S. Armed 

Forces. 

(5) Requests disenrollment. 

(b) The HQ USAFA/PL commander 

may also disenroll a student when it is 

determined that the student’s retention 

is not in the best interest of the 

Government. 

(c) The military personnel flight (10 

MSS/DPM) processes Regular Air Force 

members for reassignment if: 

(1) They are disenrolled from the HQ 

USAFA/PL. 

(2) They fail to obtain or accept an 

appointment to a U.S. Service Academy. 

(d) The Air Force reassigns Air Force 

Reserve cadet candidates who are 

disenrolled from the HQ USAFA/PL or 

who fail to obtain or accept an 

appointment to an U.S. Service 

Academy in either of two ways under 

AFI 36–3208: 

(1) Discharges them from the United 

States Air Force without any further 

military obligation if they were called to 

active duty solely to attend the HQ 

USAFA/PL. 

(2) Releases them from active duty 

and reassigns them to the Air Force 

Reserve Personnel Center if they were 

released from Reserve units to attend 

the HQ USAFA/PL. 

(e) The National Guard (Army or Air 

Force) releases cadet candidates from 

active duty and reassigns them to their 

State Adjutant General. 

(f) The Air Force reassigns Regular 

and Reserve personnel from other 

Services back to their unit of origin to 

complete any prior service obligation if: 

(1) They are disenrolled from the HQ 

USAFA/PL. 

(2) They fail to obtain or accept an 

appointment to the USAFA. 

§ 903.9 Cadet Records and Reassignment 

Forms. 

(a) Headquarters USAFA Cadet 

Personnel (HQ USAFA/DPY) maintains 

records of cadet candidates who enter 

the USAFA until they are commissioned 

or disenrolled. 

(b) 10 MSS/DPM will send records of 

Regular Air Force personnel who enter 

one of the other Service Academies to 

HQ Air Force Personnel Center (HQ 

AFPC) for processing. 

Bao-Anh Trinh, 

Air Force Federal Register Liaison Officer. 

[FR Doc. E7–4129 Filed 3–7–07; 8:45 am] 

BILLING CODE 5001–05–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 110 

[CGD05–06–074] 

RIN 1625–AA01 

Anchorage G, Hampton Flats (Naval 

Explosives Anchorage) Hampton 

Roads, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes 

changing the boundaries of Hampton 

Roads Explosive Anchorage Golf in 

response to a widening of the Norfolk 

Entrance Reach by the U. S. Army Corps 

of Engineers (USACE) undertaken to 

improve deep draft vessel traffic 

maneuverability, and to remove the 

shallow water area in the Hampton Bar 

Flats from the boundaries of this 

deepwater anchorage. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

April 9, 2007. 

ADDRESSES: You may mail comments 

and related material to Commander 

(dpw), Fifth Coast Guard District, 431 

Crawford Street, Room 100, Portsmouth, 

VA 23704–5004. The telephone number 

is (757) 398–6360. You may Email your 

comments to Albert.L.Grimes@uscg.mil. 

Commander (dpw), Fifth Coast Guard 

District maintains the public docket for 

this rulemaking. Comments and 

material received from the public, as 

well as documents indicated in this 

preamble as being available in the 

docket, will become part of this docket 

and will be available for inspection or 

copying at between 9 a.m. and 3 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Albert Grimes, Fifth Coast Guard 

District Prevention and Waterways, 

(757) 398–6360, E-mail: 

Albert.L.Grimes@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

Request for Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related material. If you 

do so, please include your name and 

address, identify the docket number for 

this rulemaking (CGD05–06–074), 

indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

comment. Please submit all comments 

and related material in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying. If you would like 

to know if they reached us, please 

enclose a stamped, self-addressed 

postcard or envelope. We will consider 

all comments and material received 

during the comment period. We may 

change this proposed rule in view of 

them. 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for a meeting by writing to the address 

listed under ADDRESSES explaining why 

one would be beneficial. If we 

determine that one would aid this 

rulemaking, we will hold one at a time 

and place announced by a later notice 

in the Federal Register. 


pwalker on PROD1PC71 with PROPOSALS