26576 Federal Register / Vol. 72, No. 90 / Thursday, May 10, 2007 / Proposed Rules 

who is either clearly identified in the 

public communication or a candidate 

for the same Federal office as the only 

Federal candidate clearly identified in 

the public communication, and must be 

made entirely with Federal funds. 

Paragraph (b)—Alternative 3 (The 

Greater of a Fixed Percentage or a 

Space or Time Attribution) 

(b) Attribution. Each disbursement for 

a public communication described in 

paragraph (a) of this section must be 

made entirely with Federal funds and 

must be attributed as follows: 

(1) Each disbursement must be 

attributed to the Federal candidate of 

the political party making the public 

communication who is either clearly 

identified in the public communication 

or a candidate for the same Federal 

office as the only Federal candidate 

clearly identified in the public 

communication, based on the 

proportion of the space or time, or 

number of questions or statements, 

devoted to all clearly identified Federal 

candidates as compared to the total 

space or time, or number of questions or 

statements, devoted to all clearly 

identified Federal candidates and all 

generic references to other candidates, 

but at least 25 or 50 or 75 percent of 

each disbursement must be attributed to 

the Federal candidate of the political 

party making the public 

communication; and 

(2) The portion of each disbursement 

not attributed to the Federal candidate 

described in paragraph (b)(1) of this 

section is not attributable to any other 

Federal or non-Federal candidate. 

(c) Treatment of disbursements. The 

disbursement described in paragraph 

(b)(1) of this section may be one or a 

combination of the following: 

(1) An in-kind contribution, subject to 

the limitations of 11 CFR 110.1 or 110.2; 

(2) A party coordinated expenditure, 

subject to the limitations, restrictions, 

and requirements of 11 CFR part 109, 

subpart D; or 

(3) Reimbursed by the Federal 

candidate described in paragraph (b)(1) 

of this section or the authorized 

committee of such candidate. 

Dated: May 3, 2007. 

Robert D. Lenhard, 

Chairman, Federal Election Commission. 

[FR Doc. E7–8956 Filed 5–9–07; 8:45 am] 

BILLING CODE 6715–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[REG–156779–06] 

RIN 1545–BG27 

Determining the Amount of Taxes Paid 

for Purposes of Section 901; 

Correction 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Correction to notice of proposed 

rulemaking. 

SUMMARY: This document contains a 

correction to notice of proposed 

rulemaking that was published in the 

Federal Register on Friday, March 30, 

2007 (71 FR 15081) providing guidance 

relating to the determination of the 

amount of taxes paid for purposes of 

section 901. 

FOR FURTHER INFORMATION CONTACT: 

Bethany A. Ingwalson, (202) 622–3850 

(not a toll-free number). 

SUPPLEMENTARY INFORMATION: 

Background 

The notice of proposed rulemaking 

(REG–156779–06) that is the subject of 

this correction is under section 901 of 

the Internal Revenue Code. 

Need for Correction 

As published, this notice of proposed 

rulemaking (REG–156779–06) contains 

an error that may prove to be misleading 

and is in need of clarification. 

Correction of Publication 

Accordingly, the notice of proposed 

rulemaking (REG–156779–06), that was 

the subject of FR Doc. E7–5862, is 

corrected as follows: 

On page 15085, column 3, in the 

preamble, first full paragraph of the 

column, under the paragraph heading 

‘‘3. Comments and Proposed 

Regulations’’, lines 1 and 2, the 

language ‘‘The fifth condition is that the 

counterparty is a person (other than 

the’’ is corrected to read ‘‘The fifth 

condition is that the arrangement 

involves a counterparty. A counterparty 

is a person (other than the’’. 

LaNita Van Dyke, 

Branch Chief, Publications and Regulations 

Branch, Legal Processing Division, Office of 

Associate Chief Counsel (Procedure and 

Administration). 

[FR Doc. E7–8942 Filed 5–9–07; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF DEFENSE 

Department of the Army 

32 CFR Part 571 

[Docket No. USA–2007–0017] 

RIN 0702–AA57 

Recruiting and Enlistments 

AGENCY: Department of the Army, DoD. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: The Department of the Army 

has revised its regulation that prescribes 

policies and procedures concerning 

recruiting and enlistment into the 

Regular Army and Reserve Components. 

DATES: Consideration will be given to all 

comments received by July 9, 2007. 

ADDRESSES: You may submit comments, 

identified by 32 CFR Part 571, Docket 

No. USA–2007–0017 and or RIN 0702–

AA57, 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: 

Charles Tench, (703) 695–7520. 

SUPPLEMENTARY INFORMATION: 

A. Background 

The Administrative Procedure Act, as 

amended by the Freedom of Information 

Act, requires publication of certain 

policies and procedures and other 

information concerning the Department 

of the Army in the Federal Register. The 

policies and procedures covered by this 

part fall into that category. The Army 

has changed the publications and 

policies, thus requiring the rules in the 

Federal Register to be updated. 

B. Regulatory Flexibility Act 

The Department of the Army has 

determined that the Regulatory 

Flexibility Act does not apply because 

the proposed rule does not have a 

significant economic impact on a 


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Federal Register / Vol. 72, No. 90 / Thursday, May 10, 2007 / Proposed Rules 26577 

substantial number of small entities 

within the 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 proposed 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 proposed 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 proposed 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 proposed 

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 proposed 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 proposed 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 proposed 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. 

Alphonsa D. Green, 

Chief, Recruiting Policy Branch. 

List of Subjects in 32 CFR Part 571 

Military personnel. 

For reasons stated in the preamble, 

the Department of the Army proposes to 

revise 32 CFR part 571 to read as 

follows: 

PART 571—RECRUITING AND 

ENLISTMENTS 

Subpart A—Recruiting and Enlistment 

Eligibility 

Sec. 

571.1 General. 

571.2 Basic qualifications for enlistment. 

571.3 Waiver enlistment criteria. 

571.4 Periods of enlistment. 

571.5 Enlistment options. 

Subpart B—[Reserved] 

Authority: 10 U.S.C. 504, 505, 509, 513, 

520, 3262. 

Subpart A—Recruiting and Enlistment 

Eligibility 

§ 571.1 General. 

(a) Purpose. This part gives the 

qualifications for men and women 

enlisting in the Regular Army (RA) or 

Reserve Components (RC). The 

procedures simplify and standardize the 

processing of recruited applicants. The 

applicant’s ability to meet all 

requirements or exceptions will 

determine eligibility. This includes 

obtaining prescribed waivers. 

(b) References—(1) Required 

Publications. (i) AR 601–210, Active 

and Reserve Components Enlistment 

Program. (Cited in §§ 571.2, 571.3, and 

571.5). 

(ii) AR 40–501, Standards of Medical 

Fitness. (Cited in §§ 571.2 and 571.3). 

(iii) AR 600–9, The Army Weight 

Control Program. (Cited in §§ 571.2 and 

571.3). 

(2) Related Publications. (i) DOD 

Directive 1304.26, Qualifications for 

Enlistment, Appointment, and 

Induction. 

(ii) Army Retention Program. 

(c) Definitions. The following 

definitions apply to this part: 

(1) Enlistment. Voluntary contract (DD 

Form 4) for military service that creates 

military status as an enlisted member of 

the Regular Army or a Reserve 

Component. This includes enlistment of 

both non-prior service and prior service 

personnel. 

(2) Reenlistment. The second or 

subsequent voluntary enrollment in the 

Regular Army or a Reserve Component 

as an enlisted member. 

(3) United States Army. The Regular 

Army, Army of the United States (AUS), 

Army National Guard of the United 

States (ARNGUS), and the United States 

Army Reserve (USAR). 

(4) Regular Army (RA). The Regular 

Army is the component of the Army that 

consists of persons whose continuous 

service on active duty in both peace and 

war is contemplated by law and of 

retired members of the Regular Army. 

(5) Prior Service (PS). For persons 

enlisting in the RA, those who have 180 

days or more of active duty in any 

component; or, for persons enlisting in 

a Reserve Component, those who have 

180 days of active duty in any 

component of the armed forces and who 

have been awarded an MOS; or former 

members of an armed forces academy 

who did not graduate and who served 

180 days or more. 

(6) Non-Prior Service (NPS). Those 

persons who have never served in any 

component of the armed forces or who 

have served less than 180 days of active 

duty as a member of any component of 

the armed forces. Reserve Component 

applicants must not have been awarded 

an MOS; or have enlisted illegally while 

underage and been separated for a void 

enlistment; or be a former member of a 

service academy who did not graduate 

and who served fewer than 180 days; or 

have completed ROTC and served only 

Active Duty for Training as an officer. 

(7) Delayed Entry Program (DEP). A 

program in which Soldiers may enlist 

and are assigned to a United States 

Army Reserve (USAR) Control Group 

until they enlist in the Regular Army. 

The Commanding General, United 

States Army Recruiting Command 

(USAREC) is authorized by 10 U.S.C. 

513 to organize and administer DEP. 

§ 571.2 Basic qualifications for enlistment. 

(a) Age requirements for non-prior 

service and prior service personnel are 

defined in AR 601–210. 

(b) Applicants must meet citizenship 

requirements as defined in AR 601–210. 

(c) Non-prior and prior service 

applicants must meet medical fitness 

standards prescribed in AR 40–501. 

Height and weight standards for nonprior service personnel AR 40–501 and 

in AR 600–9 for prior service personnel. 

(d) Education standards, dependency 

criteria, and trainability requirements 

are prescribed in AR 601–210. 

§ 571.3 Waiver enlistment criteria. 

(a) Waiver criteria—(1) All persons 

who process applicants for enlistment 

in the Army use the utmost care to 

procure qualified personnel. Eligibility 


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26578 Federal Register / Vol. 72, No. 90 / Thursday, May 10, 2007 / Proposed Rules 

of personnel for enlistment will be 

based upon their ability to meet all 

requirements, including procurement of 

prescribed waivers. 

(2) Applicants applying for moral or 

medical waivers will document their 

waiver requests, as prescribed by AR 

601–210 or AR 40–501. 

(3) The approval authorities for 

various types of waiver requests are set 

forth in AR 601–210. Commanders at 

levels below the approval authority may 

disapprove waivers for applicants who 

do not meet prescribed standards and 

who do not substantiate a meritorious 

case. 

(4) Unless otherwise stated in AR 

601–210, waivers are valid for 6 months. 

(b) Nonwaiver medical, moral, and 

administrative disqualifications are 

defined in AR 601–210. 

§ 571.4 Periods of enlistment. 

Enlistments are authorized for periods 

of 2, 3, 4, 5, 6, 7, or 8 years. 

§ 571.5 Enlistment options. 

Personnel who enlist in the Regular 

Army for 2 or more years may select 

certain initial assignments or 

classifications, provided they meet the 

criteria set forth in AR 601–210 and 

valid Army requirements exist for the 

assignments and skills. 

Subpart B—[Reserved] 

[FR Doc. E7–8793 Filed 5–9–07; 8:45 am] 

BILLING CODE 3710–08–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

36 CFR Part 261 

RIN 0596–AC38 

Amend Certain Paragraphs in 36 CFR 

261.2 and 261.10 To Clarify Issuing a 

Criminal Citation for Unauthorized 

Occupancy and Use of National Forest 

System Lands and Facilities by Mineral 

Operators 

AGENCY: Forest Service, USDA. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: This proposed rule would 

allow, if necessary, a criminal citation to 

be issued for unauthorized mineral 

operations on National Forest System 

lands. The Forest Service invites written 

comments on this proposed rule. 

DATES: Comments on this proposed rule 

must be received in writing by July 9, 

2007. 

ADDRESSES: Send written comments to 

Forest Service, USDA, Attn: Director, 

Minerals and Geology Management 

(MGM) Staff, (2810), at Mail Stop 1126, 

Washington, DC 20250–1126; by 

electronic mail to 36cfr228a@fs.fed.us; 

or by fax to (703) 605–1575; or by the 

electronic process available at Federal eRulemaking portal at http:// 

www.regulations.gov. If comments are 

sent by electronic mail or by fax, the 

public is requested not to send 

duplicate written comments via regular 

mail. Please confine written comments 

to issues pertinent to the proposed rule; 

explain the reasons for any 

recommended changes; and, where 

possible, reference the specific wording 

being addressed. All comments, 

including names and addresses when 

provided, will be placed in the record 

and will be available for public 

inspection and copying. The public may 

inspect comments received on this 

proposed rule in the Office of the 

Director, MGM Staff, 5th Floor, Rosslyn 

Plaza Central, 1601 North Kent Street, 

Arlington, Virginia 22209, Monday 

through Friday (except for Federal 

holidays) between the hours of 8:30 a.m. 

and 4 p.m. Those wishing to inspect 

comments are encouraged to call ahead 

at (703) 605–4545 to facilitate entry into 

the building. 

FOR FURTHER INFORMATION CONTACT: 

Janine Clayton, Minerals and Geology 

Management Staff, (703) 605–4788, or 

electronic mail to jclayton01@fs.fed.us. 

SUPPLEMENTARY INFORMATION: 

Public Notification and Request for 

Comments 

The Department is making every effort 

to ensure that all interested parties, 

including mineral operators, mineralsrelated organizations and associations, 

are informed of the availability of the 

proposed rule. To ensure the widest 

distribution, the proposed rule will be 

distributed by paper copy mailings, 

e-mail notices, posting on the Forest 

Service Minerals and Geology 

Management Staff internet web site, as 

well as published notices in local 

newspapers. Copies of the proposed rule 

also will be provided to the appropriate 

Congressional committee members. 

Background and Need for Proposed 

Rule 

The Forest Service uses two 

enforcement options, civil and criminal, 

to enforce its mining regulations at 36 

CFR part 228, subpart A. Criminal 

enforcement (36 CFR part 261) is often 

used in situations that are factually 

uncomplicated and where immediate 

action is needed, or other resolutions 

have failed. 

In 1984, a Federal district judge ruled 

that the prohibitions at 36 CFR 261.10 

did not apply to mineral operations. As 

a result, the Forest Service amended 

§§ 261.10(a) and 261.10(l) to directly tie 

the wording to locatable mineral 

operations by adding ‘‘or approved 

operating plan’’ to both of these 

paragraphs. Unfortunately, the wording 

was not added to §§ 261.10(b) and 

261.10(k), and that omission makes 

these paragraphs less clearly applicable 

to mineral operations. 

Two recent court decisions have 

prompted the Forest Service to amend 

the prohibitions at 36 CFR 261.10. In 

California, the Forest Service cited a 

suction dredge operator under the 

criminal regulations at 36 CFR 261.10(k) 

for use or occupancy without a special 

use permit authorization. The magistrate 

court judge dismissed the charge in U.S. 

v. McClure, 364 F. Supp. 2d 1183 

(E.D.Cal., 2005), and cited in support of 

the ruling another recent California 

Eastern District Court decision, U.S. v. 

Lex, 300 F. Supp. 2d 951 (E.D.Cal., 

2003). In summary, these decisions 

found that special-use authorizations 

and the application of 36 CFR 261.10(b) 

and 261.10(k) do not apply to mineral 

operations. 

As a result of the McClure and Lex 

court decisions, it is advisable to again 

amend certain paragraphs in 36 CFR 

261.10 to clearly tie them to locatable 

mineral operations and other mineral 

operations. The Regions dealing with 

suction dredge operators are particularly 

concerned about the effects of the two 

adverse ruling on their use of provisions 

in 261. 

Clarification for Issuing a Criminal 

Citation for Unauthorized Occupancy 

and Use of National Forest System 

Lands and Facilities by Mineral 

Operators 

The technical amendments to 36 CFR 

part 261 clarify that a criminal citation 

can be issued for unauthorized 

occupancy and use of National Forest 

System lands and facilities by mineral 

operators when such authorization is 

required. The technical amendments to 

36 CFR part 261 also clarify what 

constitutes residential occupancy as 

well as show there is a clear distinction 

between a special-use authorization and 

an operating plan. 

Exemption From Notice and Comment 

Comments received on this proposed 

rule will be considered in adoption of 

a final rule, notice of which will be 

published in the Federal Register. The 

final rule will include a response to 

comments received and identify any 

revisions made to the rule as a result of 

the comments. 


ycherry on PROD1PC64 with PROPOSALS