Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Rules and Regulations 16269 

use in appropriate patient population, 

or for appropriate clinical decision). 

(7) The labeling and training 

information must include: 

(i) A warning that the device is not to 

be used as a stand-alone diagnostic. 

(ii) A detailed summary of the clinical 

performance testing, including any 

adverse events and complications. 

(iii) The intended use population and 

the intended use environment. 

(iv) Any instructions technicians 

should convey to patients regarding the 

collection of EEG data. 

(v) Information allowing clinicians to 

gauge clinical risk associated with 

integrating the EEG interpretive 

assessment aid into their diagnostic 

pathway. 

(vi) Information allowing clinicians to 

understand how to integrate the device 

output into their diagnostic pathway 

when the device is unable to provide a 

classification or final result. 

Dated: March 23, 2015. 

Leslie Kux, 

Associate Commissioner for Policy. 

[FR Doc. 2015–07010 Filed 3–26–15; 8:45 am] 

BILLING CODE 4164–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 66 

[Docket ID: DOD–2011–OS–0099] 

RIN 0790–AI78 

Qualification Standards for Enlistment, 

Appointment, and Induction 

AGENCY: Office of the Under Secretary of 

Defense for Personnel and Readiness, 

DoD. 

ACTION: Interim final rule. 

SUMMARY: This rule updates policies and 

responsibilities for basic entrance 

qualification standards for enlistment, 

appointment, and induction into the 

Armed Forces and delegates the 

authority to specify certain standards to 

the Secretaries of the Military 

Departments. It establishes the age, 

aptitude, character/conduct, citizenship, 

dependents, education, medical, 

physical fitness, and other disqualifying 

conditions that are causes for rejection 

from military service. Other standards 

may be prescribed in the event of 

mobilization or national emergency. 

This rule sets standards designed to 

ensure that individuals under 

consideration for enlistment, 

appointment, and/or induction are able 

to perform military duties successfully, 

and to select those who are the most 

trainable and adaptable to Service life. 

DATES: Effective Date: This rule is 

effective March 27, 2015. Comments 

must be received by May 26, 2015. 

ADDRESSES: You may submit comments, 

identified by docket number and or 

Regulatory Information Number (RIN) 

and title, by any of the following 

methods: 

• Federal Rulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Federal Docket Management 

System Office, 4800 Mark Center Drive, 

2nd Floor, East Tower, Suite 02G09, 

Alexandria, VA 22350–3100. 

Instructions: All submissions received 

must include the agency name and 

docket number or 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: 

Dennis J. Drogo, (703) 697–9268. 

SUPPLEMENTARY INFORMATION: 

Executive Summary 

I. Purpose of This Regulatory Action 

This rule updates policies and 

responsibilities for basic entrance 

qualification standards for enlistment, 

appointment, and induction into the 

Armed Forces and delegates the 

authority to specify certain standards to 

the Secretaries of the Military 

Departments. 

II. Summary of the Major Provisions of 

This Regulatory Action 

(a) Establishes age, aptitude, 

character/conduct, citizenship, 

dependents, education, medical, 

physical fitness, and other disqualifying 

conditions that are causes for rejection 

from military service. Other standards 

may be prescribed in the event of 

mobilization or national emergency. 

(b) Sets standards designed to ensure 

that individuals under consideration for 

enlistment, appointment, and/or 

induction are able to perform military 

duties successfully and to select those 

who are the most trainable and 

adaptable to Service life. 

(c) Removes provisions related to 

homosexual conduct. 

III. Costs and Benefits of This 

Regulatory Action 

The benefit of publishing this interim 

final rule is that it establishes standards 

to ensure that those who are enlisted, 

appointed, or inducted are the best 

qualified to complete their prescribed 

training and the best able to adapt to the 

military life. Failure to maintain these 

standards would result in a high 

attrition of personnel and would 

significantly increase training costs. The 

success of today’s All-volunteer military 

is dependent on this policy. 

Justification for Interim Final Rule 

This rule is being published as an 

interim final rule to provide required 

updates in DoD policy and procedures 

that impact the public. It has been 

almost 10 years since these policies and 

procedures have been updated. Some 

policy changes and court decisions have 

a great impact on the eligibility of 

potential applicants entry into the 

military. All language addressing 

homosexual conduct has been removed 

in accordance with the December 22, 

2010, repeal of the Don’t Ask Don’t Tell 

policy, which opened military service to 

homosexuals, and the subsequent 

United States vs. Windsor decision (570 

U.S. 12, 133 S. Ct 2675 (2013)) which 

found section 3 of the Defense of 

Marriage Act (DOMA) unconstitutional. 

By removing all references to 

homosexuality, otherwise qualified 

applicants are now free to apply and 

enroll in a military academy without 

prejudice or fear of reprisal. This 

interim rule is required immediately to 

remove any legal and policy restrictions 

which would prevent a potential 

applicant from entry into a military 

based solely on their sexual orientation. 

It is important for DoD to have current 

and up-to-date enlistment, appointment, 

and induction standards, which are 

essential in defining the measures 

necessary to evaluate and qualify 

civilians for military service. A critical 

component of this update is the 

clarification of one of the underlying 

purposes of the enlistment, 

appointment, and induction standards 

which is to minimize entrance of 

persons who are likely to become 

disciplinary cases, security risks, or who 

are likely to disrupt good order, morale, 

and discipline. The Military Services 

are responsible for the defense of the 

Nation and should not be viewed as a 

source of rehabilitation for those who 

have not subscribed to the legal and 

moral standards of society at-large. The 

necessity of publishing these current 

standards, as an interim final rule, is 

vital to the DoD meeting its mission to 

man the All Volunteer Force with 

qualified citizens. 


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16270 Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Rules and Regulations 

Regulatory Procedures 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ and Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review’’ 

Executive Orders 13563 and 12866 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distribute impacts, and equity). 

Executive Order 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This interim final rule has 

been designated a ‘‘significant 

regulatory action,’’ although not 

economically significant, under section 

3(f) of Executive Order 12866. 

Accordingly, the rule has been reviewed 

by the Office of Management and 

Budget (OMB) under the requirements 

of these Executive Orders. 

Sec. 202, Public Law 104–4, ‘‘Unfunded 

Mandates Reform Act’’ 

Section 202 of the Unfunded 

Mandates Reform Act of 1995 (UMRA) 

(Pub. L. 104–4) requires agencies assess 

anticipated costs and benefits before 

issuing any rule whose mandates 

require spending in any 1 year of $100 

million in 1995 dollars, updated 

annually for inflation. In 2014, that 

threshold is approximately $141 

million. This document will not 

mandate any requirements for State, 

local, or tribal governments, nor will it 

affect private sector costs. 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C. 601) 

The Department of Defense certifies 

that this interim final 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. Therefore, the 

Regulatory Flexibility Act, as amended, 

does not require us to prepare a 

regulatory flexibility analysis. 

Public Law 96–511, ‘‘Paperwork 

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

It has been certified that 32 CFR part 

66 does not impose additional reporting 

or recordkeeping requirements under 

the Paperwork Reduction Act of 1995. 

The following exiting clearances will be 

utilized: 

0701–0101—‘‘Air Force ROTC College 

Scholarship Application’’ 

0701–0150—‘‘Air Force Recruiting 

Information Support System—Total 

Forces (AFRISS–TF)’’ 

0702–0073—‘‘U.S. Army ROTC 4-year 

College Scholarship Application’’ 

0702–0111—‘‘Army ROTC Referral 

Information’’ 

0703–0020—‘‘Enlistee Financial Statement’’ 

0704–0006—‘‘Request for Verification of 

Birth’’ 

0704–0173—Record of Military Processing— 

Armed Forces of the United States’’ 

0704–0413—‘‘Medical Screening of Military 

Personnel’’ 

0704–0415—‘‘Application for Department of 

Defense Common Access Card—DEERS 

Enrollment’’ 

The Department will continue to 

review its processes to identify 

collection instruments and consider 

how these collection tools may be 

improved and make revisions 

accordingly. The Department welcomes 

comments on how you think we can 

improve on our information collection 

activities. 

Executive Order 13132, ‘‘Federalism’’ 

Executive Order 13132 establishes 

certain requirements that an agency 

must meet when it promulgates a 

proposed rule (and subsequent final 

rule) that imposes substantial direct 

requirement costs on State and local 

governments, preempts State law, or 

otherwise has Federalism implications. 

This interim final rule will not have a 

substantial effect on State and local 

governments. 

List of Subjects in 32 CFR Part 66 

Armed forces, Qualification 

standards. 

■ Accordingly 32 CFR part 66 is added 

to read as follows: 

PART 66—QUALIFICATION 

STANDARDS FOR ENLISTMENT, 

APPOINTMENT, AND INDUCTION 

Sec. 

66.1 Purpose. 

66.2 Applicability. 

66.3 Definitions. 

66.4 Policy. 

66.5 Responsibilities. 

66.6 Enlistment, appointment, and 

induction criteria. 

66.7 Enlistment waivers. 

Authority: 10 U.S.C. 504, 505, 520, 532, 

12102, 12201, and 12205. 

§ 66.1 Purpose. 

In accordance with the authority in 

DoD Directive 5124.02, ‘‘Under 

Secretary of Defense for Personnel and 

Readiness (USD(P&R))’’ (available at 

http://www.dtic.mil/whs/directives/ 

corres/pdf/512402p.pdf), this part: 

(a) Updates established policies and 

responsibilities for basic entrance 

qualification standards for enlistment, 

appointment, and induction into the 

Military Services and delegates the 

authority to specify certain standards to 

the Secretaries of the Military 

Departments. 

(b) Establishes the standards for age, 

aptitude, citizenship, dependents, 

education, medical, character/conduct, 

physical fitness, and other disqualifying 

conditions, which are cause for nonqualification for military service. Other 

standards may be prescribed in the 

event of national emergency. 

(c) Sets standards designed to ensure 

that individuals under consideration for 

enlistment, appointment, or induction 

are able to perform military duties 

successfully, and to select those who are 

the most trainable and adaptable to 

Service life. 

§ 66.2 Applicability. 

This part applies to: 

(a) Office of the Secretary of Defense, 

the Military Departments (including the 

Coast Guard at all times, including 

when it is a Service in the Department 

of Homeland Security by agreement 

with that Department), the Office of the 

Chairman of the Joint Chiefs of Staff and 

the Joint Staff, the Combatant 

Commands, the Office of the Inspector 

General of the Department of Defense, 

the Defense Agencies, the DoD Field 

Activities, and all other organizational 

entities within the DoD (referred to 

collectively in this part as the ‘‘DoD 

Components’’). 

(b) Applicants for initial enlistment 

into the Military Services Regular and 

Reserve Components. 

(c) Applicants for appointment as 

commissioned or warrant officers in the 

Regular and Reserve Components. 

(d) Applicants for reenlistment 

following release from active duty into 

subsequent Regular or Reserve 

Components (including the Army 

National Guard of the United States and 

the Air National Guard of the United 

States) after a period of more than 6 

months has elapsed since discharge. 

(e) Applicants for contracting into the 

Reserve Officer Training Corps (ROTC), 

and all other Military Services special 

officer personnel procurement 

programs, including the Military Service 

Academies. 

(f) All individuals being inducted into 

the Military Services. 

§ 66.3 Definitions. 

Unless otherwise noted, these terms 

and their definitions are for the 

purposes of this part. 

Adjudicating authority. Any 

government official who is empowered 

to make findings or determinations 


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concerning an alleged criminal offense 

(adult and juvenile) and establish 

responsibility for commission of the 

offense. Examples include judges, 

courts, magistrates, prosecutors, hearing 

officers, military commanders (for 

Article 15 actions pursuant to 10 U.S.C. 

chapter 47, suspension of dependent 

privileges, or similar actions), probation 

officers, juvenile referees, and parole 

officers or boards. 

Adverse adjudication (adult or 

juvenile). 

(1) A finding, decision, sentence, or 

judgment by an adjudicating authority, 

against an individual, that was other 

than unconditionally dropped or 

dismissed or the individual was 

acquitted is considered adverse 

adjudication. If the adjudicating 

authority places a condition or restraint 

that leads to dismissal, drops the 

charges, acquits, or the records are later 

expunged, or the charge is dismissed 

after a certain period of time, the 

adjudication is still considered adverse. 

A suspension of sentence, not 

processed, or a dismissal after 

compliance with imposed conditions is 

also adverse adjudication. This includes 

fines and forfeiture of bond in lieu of 

trial. 

(2) A conviction for violating any 

federal law (including 10 U.S.C. chapter 

47), or any State or municipal law or 

ordinance) is considered an adverse 

adjudication. For example, a shoplifter 

is reprimanded and required by the onscene police officer, store security 

guard, or manager to pay for the item 

before leaving the store but is not 

charged, not found guilty, or is not 

convicted. In this situation, there is no 

adverse adjudication because no legal 

proceedings occurred and no 

adjudicating authority was involved. 

Conviction. The act of finding a 

person guilty of a crime, offense, or 

other violation of the law by an 

adjudicating authority. 

Dependent. 

(1) A spouse of an applicant for 

enlistment. 

(2) An unmarried adopted child or an 

unmarried step-child under the age of 

18 living with the applicant. 

(3) An unmarried biological child of 

the applicant under the age of 18. 

(4) Any person living with the 

applicant who is, by law or in fact, 

dependent upon the applicant for 

support, or who is not living with the 

applicant and is dependent upon the 

applicant for over one-half of his or her 

support. 

Reserve components. Includes the 

Army National Guard of the United 

States, the Army Reserve, the Navy 

Reserve, the Marine Corps Reserve, the 

Air National Guard of the United States, 

the Air Force Reserve, and the Coast 

Guard Reserve. 

Restitution. Any compensation in 

time, labor, or money for the adverse 

effects of an offense as a result of 

agreements from judicial or 

prosecutorial involvement. For example, 

an individual is adversely adjudicated 

for vandalism and is ordered by the 

adjudicating authority to replace or 

repair the damaged property. 

Service review. A formal review of 

condition(s) or event(s) that, based on 

Service-specific standards, may make an 

applicant for enlistment ineligible to 

serve. Once a Service review is 

complete, the Service may grant an 

exception to policy to allow an 

individual to serve. These standards are 

subject to change at the discretion of the 

Service. 

Waiver. A formal request to consider 

the suitability for service of an applicant 

who because of inappropriate conduct, 

dependency status, current or past 

medical conditions, or drug use may not 

be qualified to serve. Upon the 

completion of a thorough examination 

using a ‘‘whole person’’ review, the 

applicant may be granted a waiver. The 

applicant must have displayed 

sufficient mitigating circumstances that 

clearly justify waiver consideration. The 

Secretaries of the Military Departments 

may delegate the final approval 

authority for all waivers. 

§ 66.4 Policy. 

It is DoD policy to: 

(a) Use common entrance 

qualification standards for enlistment, 

appointment, and induction into the 

Military Services. 

(b) Avoid inconsistencies and 

inequities based on ethnicity, gender, 

race, religion, or sexual orientation in 

the application of these standards by the 

Military Services. 

(c) Judge the suitability of individuals 

to serve in the Military Services on the 

basis of their adaptability, potential to 

perform, and conduct. 

§ 66.5 Responsibilities. 

(a) Under the authority, direction, and 

control of the Under Secretary of 

Defense for Personnel and Readiness 

(USD(P&R)), the Assistant Secretary of 

Defense for Reserve Affairs (ASD(RA)) 

acts as an advisor to the USD(P&R) on 

the Reserve enlistment and appointment 

standards. 

(b) Under the authority, direction, and 

control of the USD(P&R), the Assistant 

Secretary of Defense for Health Affairs 

(ASD(HA)) acts as an advisor to the 

USD(P&R) on the medical requirements 

of the standards in § 66.6. 

(c) Under the authority, direction, and 

control of the USD(P&R), the Assistant 

Secretary of Defense for Readiness and 

Force Management (ASD(R&FM)): 

(1) Acts as an advisor to the 

USD(P&R) on the height and weight 

requirements of the standards in § 66.6. 

(2) Ensures the U.S. Military Entrance 

Processing Command assists the 

Military Services in implementing the 

standards in § 66.6 of this part. 

(d) The Secretaries of the Military 

Departments: 

(1) Oversee conformance with this 

part. 

(2) Recommend suggested changes to 

this part to the USD(P&R) as necessary. 

(3) Establish other Service-specific 

standards as necessary to implement 

this part. 

(4) Review all standards on an annual 

basis. 

(5) Establish procedures to grant 

waivers, accomplish reviews, and 

require individuals to meet the 

appropriate standards or be granted an 

exception pursuant to 10 U.S.C. 504(a). 

(6) Request approval from the 

USD(P&R) for generalized exceptions to 

these standards as permitted by law. 

(7) Use the standards in § 66.6 to 

determine the entrance qualifications 

for all individuals being enlisted, 

appointed, or inducted into any 

component of the Military Services. 

§ 66.6 Enlistment, appointment, and 

induction criteria. 

(a) General eligibility criteria—(1) 

Entrance considerations. Accession of 

qualified individuals will be a priority 

when processing applicants for the 

Military Services. 

(2) Eligibility determination. 

Eligibility will be determined by the 

applicant’s ability to meet all 

requirements of this part, to include 

obtaining waivers. Applicants will not 

be enlisted, appointed, or inducted 

unless all requirements of this part are 

met. 

(b) Basic eligibility criteria—(1) Age. 

(i) To be eligible for Regular enlistment, 

the minimum age for enlistment is 17 

years and the maximum age is 42 years 

in accordance with 10 U.S.C. 505. The 

maximum age for a prior service enlistee 

is determined by adding the 

individual’s years of prior service to age 

42. The Secretary concerned will 

establish enlistment age standards for 

the Reserve Components in accordance 

with 10 U.S.C. 12102. 

(ii) Age limitations for appointment as 

a commissioned or warrant officer 

normally depend on the Military 

Service concerned. In accordance with 

10 U.S.C. 532, most persons appointed 

as commissioned officers must be able 


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to complete 20 years of active 

commissioned service before their 62nd 

birthday to receive a Regular 

commission. 

(iii) In accordance with 10 U.S.C. 

12201, a person will be at least 18 years 

of age for appointment as a Reserve 

Officer. The maximum age qualification 

for initial appointment as a Reserve 

Officer will not be less than 47 years of 

age for individuals in a health 

profession specialty designated by the 

Secretary concerned as a specialty 

critically needed in wartime. 

(iv) In accordance with 32 U.S.C. 313, 

to be eligible for original enlistment in 

the National Guard, a person must be at 

least 17 years of age and under 45, or 

under 64 years of age and a former 

member of the Regular Army, Regular 

Navy, Regular Air Force, or Regular 

Marine Corps. To be eligible for 

reenlistment, a person must be under 64 

years of age. 

(v) In accordance with 32 U.S.C. 313, 

to be eligible for appointment as an 

officer of the National Guard, a person 

must be at least 18 years of age and 

under 64 years of age. 

(2) Citizenship. (i) To be eligible for 

Regular or Reserve enlistment, an 

individual must meet one of the 

conditions outlined in 10 U.S.C. 504(b); 

however, the Secretary concerned may 

authorize the enlistment of a person not 

described in this section if the Secretary 

determines that such enlistment is vital 

to the national interest. 

(ii) To be eligible for appointment as 

a commissioned officer (other than as a 

commissioned warrant officer) in the 

Regular Army, Regular Navy, Regular 

Air Force, or Regular Marine Corps, the 

individual must be a citizen of the 

United States as outlined in 10 U.S.C. 

532. The Secretary of Defense (or the 

Secretary of Homeland Security for the 

Coast Guard) may waive the 

requirement of U.S. citizenship with 

respect to a person who has been 

lawfully admitted to the United States 

for permanent residence, or for a United 

States national otherwise eligible for 

appointment as a cadet or midshipman 

in accordance with 10 U.S.C. 2107(a), 

when the Secretary determines that the 

national security so requires, but only 

for an original appointment in a grade 

below the grade of major or lieutenant 

commander. 

(iii) To be eligible for appointment as 

a Reserve Officer in an armed force, the 

individual must be a citizen of the 

United States or lawfully admitted to 

the United States for permanent 

residence in accordance with 8 U.S.C. 

1101 et seq. (also known as the 

‘‘Immigration and Nationality Act’’) or 

have previously served in the Military 

Services or in the National Security 

Training Corps as outlined under 10 

U.S.C. 12201. 

(iv) To be eligible for enlistment in 

the National Guard, a person must meet 

one of the conditions in 10 U.S.C. 

504(b); however, the Secretary 

concerned may authorize the enlistment 

of a person not described in this section 

if the Secretary determines that such 

enlistment is vital to the national 

interest. 

(v) To become an officer of the Army 

National Guard of the United States or 

the Air National Guard of the United 

States, the individual must first be 

appointed to, and be federally 

recognized in, the same grade in the 

Army National Guard or the Air 

National Guard. In accordance with 10 

U.S.C. 12201, the individual must be a 

citizen of the United States or lawfully 

admitted to the United States for 

permanent residence in accordance with 

8 U.S.C. 1101 et seq. or have previously 

served in Military Service or in the 

National Security Training Corps. 

(3) Education. (i) Possession of a high 

school diploma is desirable, although 

not mandatory, for enlistment in any 

component of the Military Services. 10 

U.S.C. 520 states that a person who is 

not a high school graduate may not be 

accepted for enlistment in the Military 

Services unless the score of that person 

on the Armed Forces Qualification Test 

(AFQT) is at or above the thirty-first 

percentile. 10 U.S.C. 520 also states that 

a person may not be denied enlistment 

in the Military Services solely because 

he or she does not have a high school 

diploma if his or her enlistment is 

needed to meet established strength 

requirements. 

(ii) Bearers of alternative credential 

(e.g., General Educational Development 

certificates and certificates of 

attendance) and non-graduates may be 

assigned lower enlistment priority based 

on first-term attrition rates for those 

credentials. DoD Instruction 1145.01, 

‘‘Qualitative Distribution of Military 

Manpower’’ (available at http://

www.dtic.mil/whs/directives/corres/pdf/

114501p.pdf) identifies the authority for 

establishing the qualitative distribution 

objectives for accessions. 

(iii) Educational requirements for 

appointment as a commissioned or 

warrant officer are determined by each 

Military Service. 10 U.S.C. 12205 

establishes education requirements for 

certain Reserve appointments. 

Generally, and unless excepted under 

10 U.S.C. 12205, a baccalaureate degree 

is required for appointment above the 

grade of first lieutenant in the Army, Air 

Force, and Marine Corps Reserves or 

lieutenant junior grade in the Navy 

Reserve, or to be federally recognized in 

a grade above the grade of first 

lieutenant as a member of the Army 

National Guard or Air National Guard. 

In addition, special occupations (e.g., 

physician or chaplain) may require 

additional vocational credentials as 

determined by the Secretary concerned. 

(4) Aptitude. (i) Overall aptitude 

requirements for enlistment and 

induction are based on applicant scores 

on the AFQT derived from the Armed 

Services Vocational Aptitude Battery. 

Applicant scores are grouped into 

percentile categories. Persons who score 

in AFQT Category V (percentiles 1–9) 

are ineligible to enlist. In accordance 

with 10 U.S.C. 520, the number of 

persons who enlist in any Armed Force 

during any fiscal year (i.e., accession 

cohort) who score in AFQT Category IV 

(percentiles 10–30) may not exceed 20 

percent of the total number of persons 

enlisted by Service. DoD Instruction 

1145.01 identifies the authority for 

establishing the qualitative distribution 

objectives for accessions. 

(ii) For officers and warrant officers, 

no single test or instrument is used as 

an aptitude requirement for 

appointment. 

(5) Medical. (i) In accordance with 

DoD Instruction 6130.03, ‘‘Medical 

Standards for Appointment, Enlistment, 

or Induction in the Military Services’’ 

(available at http://www.dtic.mil/whs/

directives/corres/pdf/613003p.pdf), the 

pre-accession screening process will be 

structured to identify any medical 

condition, including mental health, that 

disqualifies an applicant for military 

service. 

(ii) Individuals who fail to meet 

established medical standards, as 

defined in DoD Instruction 6130.03, 

may be considered for a medical waiver. 

Each Service’s waiver authority for 

medical conditions will make a 

determination based on all available 

information regarding the issue or 

condition. Waiver requirements are 

outlined in § 66.7. 

(6) Physical fitness. (i) In accordance 

with DoD Instruction 1308.3, ‘‘DoD 

Physical Fitness and Body Fat Programs 

Procedures’’ (available at http://

www.dtic.mil/whs/directives/corres/pdf/

130803p.pdf), all individuals must meet 

the pre-accession height and weight 

standards as prescribed in Table 1 of 

DoD Instruction 1308.3. 

(ii) The Military Services may have 

additional physical fitness screening 

requirements. 

(7) Dependency status. (i) The 

Military Services may not enlist married 

individuals with more than two 

dependents under the age of 18 or 

unmarried individuals with custody of 


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Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Rules and Regulations 16273 

any dependents under the age of 18; 

however, the Secretary concerned may 

grant a waiver for particularly promising 

entrants. Waiver requirements are 

outlined in § 66.7 of this part. 

(ii) The Military Services will specify 

the circumstances under which 

individuals who have dependents may 

become commissioned officers or 

warrant officers; variations in policy 

may be affected by the commissioning 

source (e.g., Service Academies, ROTC, 

or Officer Candidate School). 

(8) Character/conduct. The 

underlying purpose of these enlistment, 

appointment, and induction standards 

is to minimize entrance of persons who 

are likely to become disciplinary cases, 

security risks, or who are likely to 

disrupt good order, morale, and 

discipline. The Military Services are 

responsible for the defense of the Nation 

and should not be viewed as a source 

of rehabilitation for those who have not 

subscribed to the legal and moral 

standards of society at-large. As a 

minimum, an applicant will be 

considered ineligible if he or she: 

(i) Is under any form of judicial 

restraint (bond, probation, 

imprisonment, or parole). 

(ii) Has a significant criminal record. 

10 U.S.C. 504 prohibits any person who 

has been convicted of a felony from 

being enlisted in any of the Military 

Services; however, 10 U.S.C. 504 

authorizes a waiver in meritorious 

cases. Except as limited by paragraph 

(b)(8)(iii) of this section, persons 

convicted of felonies may request a 

waiver to permit their enlistment. The 

waiver procedure is not automatic, and 

approval is based on each individual 

case. Waiver requirements are outlined 

in § 66.7 of this part. 

(iii) Has a State or federal conviction 

or a finding of guilty in a juvenile 

adjudication for a felony crime of rape, 

sexual abuse, sexual assault, incest, any 

other sexual offense, or when the 

disposition requires the person to 

register as a sex offender. In these cases, 

the enlistment, appointment, or 

induction will be prohibited and no 

waivers are allowed. 

(iv) Has been previously separated 

from the Military Services under 

conditions other than honorable or for 

the good of the Military Service 

concerned. 

(v) Has exhibited antisocial behavior 

or other traits of character that may 

render the applicant unfit for service. 

(vi) Receives an unfavorable final 

determination by the DoD Consolidated 

Adjudication Facility on a completed 

National Agency Check with Law and 

Credit (NACLC) or higher-level 

investigation, which is adjudicated to 

the National Security Standards in 

accordance with Executive Order 12968, 

during the accession process. 

(A) An applicant may be accessed 

(including shipping him or her to 

training or a first duty assignment) 

provided that a NACLC or higher-level 

investigation was submitted and 

accepted by the investigative service 

provider (OPM) and an advanced 

fingerprint was conducted, and OPM 

did not identify any disqualifying 

background information. 

(B) If NACLC adjudication is not 

completed until after accession, any 

additional disqualifying information 

identified during the adjudication 

should be transmitted to the appropriate 

personnel or human resource offices, as 

determined by the Services, for 

appropriate action. 

(9) Drugs and alcohol. A current or 

history of alcohol dependence, drug 

dependence, alcohol abuse, or other 

drug abuse is incompatible with 

military life and does not meet military 

standards in accordance with DoD 

Instruction 6130.03. Pursuant to DoD 

Instruction 1010.01, ‘‘Military Personnel 

Drug Abuse Testing Program 

(MPDATP)’’ (available at http://

www.dtic.mil/whs/directives/corres/pdf/

101001p.pdf), the pre-accession 

screening process is structured to 

identify individuals with a history of 

drug (including pharmaceutical 

medications, illegal drugs and other 

substances of abuse) and alcohol abuse. 

(i) Drug use (to include illegal drugs, 

other illicit substances, and 

pharmaceutical medications), drug 

abuse, and alcohol abuse may be selfadmitted by an applicant, discovered 

during the medical screening process, or 

identified by the drug and alcohol test 

(DAT), which is administered at the 

Military Entrance Processing Stations 

(MEPS) or other approved military 

processing facility. 

(ii) Current or history of alcohol 

dependence, drug dependence, alcohol 

abuse, or other drug abuse may be a 

medically disqualifying condition based 

on the standards in accordance with 

DoD Instruction 6130.03. The MEPS 

Chief Medical Officer, or equivalent, 

when the physical is not performed at 

MEPS, will make that determination 

based on all of the information available 

on a case-by-case basis. These instances 

will be treated as a medical 

disqualification and handled in 

accordance with the guidance provided 

in paragraphs (b)(5)(i) through (b)(5)(ii) 

of this section. 

(iii) Individuals who test positive for 

illegal drugs on the DAT, which is 

administered as part of the accession 

physical, will be disqualified. A waiver 

may be requested. Waiver requirements 

are outlined in § 66.7. 

(iv) Service qualification standards, 

regarding drugs and alcohol, may be 

more restrictive. 

§ 66.7 Enlistment waivers. 

(a) Waiver requirements. In 

accomplishing whole person reviews of 

enlistment eligibility, the following 

categories and combinations of 

categories would require a favorable 

waiver determination by the Secretary 

of the Military Department concerned 

for the applicant to be considered 

qualified. 

(1) Medical waiver. A medical waiver 

is required for enlistment qualification 

of an applicant who has or may have 

had a disqualifying medical condition 

in accordance with DoD Instruction 

6130.03. 

(2) Dependent waiver. A dependent 

waiver is required when an applicant is 

married with more than two dependents 

under the age of 18 or when an 

applicant is unmarried and has custody 

of any dependents under the age of 18. 

(3) Conduct waiver. In processing 

conduct waiver requests, the Military 

Services will require information about 

the ‘‘who, what, when, where, and 

why’’ of the offense in question; and 

letters of recommendation from 

responsible community leaders, such as 

school officials, clergy, and law 

enforcement officials, attesting to the 

applicant’s character or suitability for 

enlistment. 

(i) A Conduct Waiver is required 

when the final finding of the courts or 

other adjudicating authority is a 

conviction or other adverse adjudication 

of: 

(A) One ‘‘major misconduct’’ offense, 

or; 

(B) Two ‘‘misconduct’’ offenses, or; 

(C) A pattern of misconduct. 

(1) One ‘‘misconduct’’ offense and 

four ‘‘non-traffic’’ offenses. 

(2) Five or more ‘‘non-traffic’’ 

offenses. 

(ii) Use the Table of this section to 

determine the appropriate level of 

offense and applicable code. See 

paragraph (b) of this section for 

additional guidance. 

(4) Drug waiver. A drug waiver is 

required when an applicant or enlistee 

is confirmed positive for the presence of 

drugs at the time of the original or 

subsequent physical examination (i.e., 

tests positive on the DAT at a MEPS or 

equivalent facility). Drug waivers for 

these applicants may be considered and 

granted or rejected only after the 

disqualification period established in 

section 6 of Enclosure 7 of DoD 

Instruction 1010.16, ‘‘Technical 


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16274 Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Rules and Regulations 

Procedures for the Military Personnel 

Drug Abuse Testing Program 

(MPDATP)’’ (available at http://

www.dtic.mil/whs/directives/corres/pdf/

101016p.pdf) ends. 

(b) Classifying conduct offenses. The 

procedures that will be used in the 

classifying and coding of all conduct 

offenses are: 

(1) Initial classification. Align the 

offense that is the subject of adverse 

adjudication with an offense from the 

Table of this section. As an exception, 

any offense classified as a felony under 

State or federal jurisdiction will be 

treated as a major misconduct offense 

for DoD purposes regardless of where 

similar charges are listed. 

(2) Non-similar offenses. If unable to 

find a similar charge, the Military 

Services will: 

(i) Treat the offense as a major 

misconduct offense if the adjudicating 

authority can impose a maximum 

period of confinement that exceeds 1 

year. 

(ii) Treat the offense as a misconduct 

offense if the adjudicating authority can 

impose a maximum period of 

confinement that exceeds 6 months but 

is not more than 1 year. 

(iii) Treat all other offenses as either 

other non-traffic offenses or traffic 

offenses, depending on the nature of the 

offense. 

Table to § 66.7—Conduct Waiver 

Codes 

Offense code Offense title 

TRAFFIC OFFENSES 

100 ..................... Bicycle ordinance violation. 

101 ..................... Blocking or retarding traffic. 

102 ..................... Contempt of court for minor traffic offenses. 

103 ..................... Crossing yellow line; driving left of center. 

104 ..................... Disobeying traffic lights, signs, or signals. 

105 ..................... Driving on shoulder. 

106 ..................... Driving uninsured vehicle. 

107 ..................... Driving with blocked vision and/or tinted window. 

108 ..................... Driving with expired plates or without plates. 

109 ..................... Driving with suspended or revoked license. 

110 ..................... Driving without license. 

111 ..................... Driving without registration or with improper registration. 

112 ..................... Driving wrong way on one-way street. 

113 ..................... Failure to appear for traffic violations. 

114 ..................... Failure to comply with officer’s directive. 

115 ..................... Failure to have vehicle under control. 

116 ..................... Failure to signal. 

117 ..................... Failure to stop or yield to pedestrian. 

118 ..................... Failure to submit report after accident. 

119 ..................... Failure to yield right-of-way. 

120 ..................... Faulty equipment such as defective exhaust, horn, lights, mirror, muffler, signal device, steering device, tail pipe, or windshield wipers. 

121 ..................... Following too closely. 

122 ..................... Hitchhiking. 

123 ..................... Improper backing such as backing into intersection or highway, backing on expressway, or backing over crosswalk. 

124 ..................... Improper blowing of horn. 

125 ..................... Improper passing such as passing on right, passing in no-passing zone, passing stopped school bus, or passing pedestrian 

in crosswalk. 

126 ..................... Improper turn. 

127 ..................... Invalid or unofficial inspection sticker or failure to display inspection sticker. 

128 ..................... Jaywalking. 

129 ..................... Leaving key in ignition. 

130 ..................... Leaving scene of accident (when not considered hit and run). 

131 ..................... License plates improperly displayed or not displayed. 

132 ..................... Operating overloaded vehicle. 

133 ..................... Racing, dragging, or contest for speed. 

134 ..................... Reckless, careless, or imprudent driving (considered a traffic offense when the fine is less than $300 and there is no confinement). Court costs are not part of a fine. 

135 ..................... Reserved for future use. 

136 ..................... Seat belt and/or child restraint violation. 

137 ..................... Skateboard, roller skate, or inline skate violation. 

138 ..................... Speeding. 

139 ..................... Spilling load on highway. 

140 ..................... Spinning wheels, improper start, zigzagging, or weaving in traffic. 

141 ..................... Violation of noise control ordinance. 

142 ..................... Other traffic offenses not specifically listed. 

143 ..................... Reserved for future use. 

144 ..................... Reserved for future use. 

NON-TRAFFIC OFFENSES 

200 ..................... Altered driver’s license or identification. 

201 ..................... Assault (simple assault with fine or restitution of $500 or less and no confinement). 

202 ..................... Carrying concealed weapon (other than firearm); possession of brass knuckles. 

203 ..................... Check, worthless, making or uttering, with intent to defraud or deceive (less than $500). 


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Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Rules and Regulations 16275 

Offense code Offense title 

204 ..................... Committing a nuisance. 

205 ..................... Conspiring to commit misdemeanor. 

206 ..................... Curfew violation. 

207 ..................... Damaging road signs. 

208 ..................... Discharging firearm through carelessness or within municipal limits. 

209 ..................... Disobeying summons; failure to appear (other than traffic). 

210 ..................... Disorderly conduct; creating disturbance; boisterous conduct. 

211 ..................... Disturbing the peace. 

212 ..................... Drinking alcoholic beverages on public transportation. 

213 ..................... Drunk in public. 

214 ..................... Dumping refuse near highway. 

215 ..................... Failure to appear, contempt of court (all offenses except felony proceedings). 

216 ..................... Failure to appear, contempt of court (felony proceedings). 

217 ..................... Failure to stop and render aid after accident. 

218 ..................... Fare and/or toll evasion. 

219 ..................... Harassment, menacing, or stalking. 

220 ..................... Illegal betting or gambling; operating illegal handbook, raffle, lottery, or punchboard; cockfighting. 

221 ..................... Indecent exposure. 

222 ..................... Indecent, insulting, or obscene language communicated directly or by telephone to another person. 

223 ..................... Jumping turnstile (to include those States that adjudicate jumping a turnstile as petty larceny). 

224 ..................... Juvenile adjudications such as beyond parental control, incorrigible, runaway, truant, or wayward. 

225 ..................... Killing a domestic animal. 

226 ..................... Littering. 

227 ..................... Loitering. 

228 ..................... Malicious mischief (fine or restitution of $500 or less and no confinement). 

229 ..................... Pandering. 

230 ..................... Poaching. 

231 ..................... Purchase, possession, or consumption of alcoholic beverages or tobacco products by minor. 

232 ..................... Removing property from public grounds. 

233 ..................... Removing property under lien. 

234 ..................... Robbing an orchard. 

235 ..................... Shooting from highway. 

236 ..................... Throwing glass or other material in roadway. 

237 ..................... Trespass (non-criminal or simple). 

238 ..................... Unlawful assembly. 

239 ..................... Unlawful manufacture, sale, possession, or consumption of liquor in public place. 

240 ..................... Unlawful use of long-distance telephone calling card. 

241 ..................... Using or wearing unlawful emblem and/or identification. 

242 ..................... Vagrancy. 

243 ..................... Vandalism (fine or restitution of $500 or less and no confinement). 

244 ..................... Violation of fireworks laws. 

245 ..................... Violation of fish and game laws. 

246 ..................... Violation of leash laws. 

247 ..................... Violation of probation. 

248 ..................... Other non-traffic offenses not specifically listed. 

249 ..................... Reserved for future use. 

MISCONDUCT OFFENSES 

300 ..................... Aggravated assault, fighting, or battery (more than $500 fine or restitution or confinement). 

301 ..................... Carrying of weapon on school grounds (other than firearm). 

302 ..................... Concealment of or failure to report a felony. 

303 ..................... Contributing to delinquency of minor. 

304 ..................... Crimes against the family (non-payment of court-ordered child support and/or alimony). 

305 ..................... Criminal mischief (more than $500 fine or restitution or confinement). 

306 ..................... Criminal trespass. 

307 ..................... Desecration of grave. 

308 ..................... Domestic battery and/or violence not considered covered by 18 U.S.C. 922, referred to in this issuance as the ‘‘Lautenberg 

Amendment’’). 

309 ..................... Driving while drugged or intoxicated; driving while ability impaired; permitting driving under the influence. 

310 ..................... Illegal or fraudulent use of a credit card or bank card (value less than $500). 

311 ..................... Larceny or conversion (value less than $500). 

312 ..................... Leaving scene of an accident or hit and run. 

313 ..................... Looting. 

314 ..................... Mailbox destruction. 

315 ..................... Mailing of obscene or indecent matter (including e-mail). 

316 ..................... Possession of marijuana or drug paraphernalia. 

317 ..................... Prostitution or solicitation for prostitution. 

318 ..................... Reckless, careless, or imprudent driving (considered a misdemeanor when the fine is $300 or more or when confinement is 

imposed; otherwise, considered a minor traffic offense). 

319 ..................... Reckless endangerment. 

320 ..................... Resisting arrest or eluding police. 


asabaliauskas on DSK5VPTVN1PROD with RULES
16276 Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Rules and Regulations 

Offense code Offense title 

321 ..................... Selling or leasing weapons. 

322 ..................... Stolen property, knowingly receiving (value less than $500). 

323 ..................... Throwing rocks on a highway; throwing missiles at sporting events; throwing objects at vehicles. 

324 ..................... Unauthorized use or taking of a vehicle or conveyance from family member; joy riding. 

325 ..................... Unlawful carrying of firearms or carrying concealed firearm. 

326 ..................... Unlawful entry. 

327 ..................... Use of telephone, Internet, or other electronic means to abuse, annoy, harass, threaten, or torment another. 

328 ..................... Vandalism (more than $500 fine or restitution or confinement). 

329 ..................... Willfully discharging firearm so as to endanger life; shooting in public. 

330 ..................... Other misconduct offenses not specifically listed. 

331 ..................... Reserved for future use. 

332 ..................... Reserved for future use. 

MAJOR MISCONDUCT OFFENSES 

400 ..................... Aggravated assault; assault with dangerous weapon; maiming. 

401 ..................... Arson. 

402 ..................... Attempt to commit a felony. 

403 ..................... Breaking and entering with intent to commit a felony. 

404 ..................... Bribery. 

405 ..................... Burglary. 

406 ..................... Carjacking. 

407 ..................... Carnal knowledge of a child. 

408 ..................... Carrying of weapon on school grounds (firearm). 

409 ..................... Check, worthless, making or uttering, with intent to defraud or deceive (over $500). 

410 ..................... Child abuse. 

411 ..................... Child pornography. 

412 ..................... Conspiring to commit a felony. 

413 ..................... Criminal libel. 

414 ..................... Domestic battery and/or violence as defined in the Lautenberg Amendment. (Waiver not authorized if applicant was convicted 

of this offense.) 

415 ..................... Embezzlement. 

416 ..................... Extortion. 

417 ..................... Forgery, knowingly uttering or passing forged instrument (except for altered identification cards). 

418 ..................... Grand larceny or larceny (value of $500 or more). 

419 ..................... Grand theft auto. 

420 ..................... Hate crimes. 

421 ..................... Illegal and/or fraudulent use of a credit card, bank card, or automated card (value of $500 or more). 

422 ..................... Indecent acts or liberties with a child; molestation. 

423 ..................... Indecent assault. 

424 ..................... Kidnapping or abduction. 

425 ..................... Mail matter; abstracting, destroying, obstructing, opening, secreting, stealing, or taking (not including the destruction of mailboxes). 

426 ..................... Manslaughter. 

427 ..................... Murder. 

428 ..................... Narcotics or habit-forming drugs, wrongful possession or use (not including marijuana). 

429 ..................... Negligent or vehicular homicide. 

430 ..................... Perjury or subornation of perjury. 

431 ..................... Possession or intent to use materials in a manner to make a bomb or explosive device to cause bodily harm or destruction of 

property. 

432 ..................... Public record; altering, concealing, destroying, mutilating, obligation, or removing. 

433 ..................... Rape, sexual abuse, sexual assault, criminal sexual abuse, incest, or other sex crimes. (See paragraph (b)(8)(iii) of § 66.6 of 

this part; waivers for these offenses are not authorized.) 

434 ..................... Riot. 

435 ..................... Robbery (including armed). 

436 ..................... Sale, distribution, or trafficking of cannabis (marijuana) or any other controlled substance (including intent). 

437 ..................... Sodomy (only when it is nonconsensual or involves a minor). 

438 ..................... Stolen property, knowingly received (value of $500 or more). 

439 ..................... Terrorist threats (including bomb threats). 

440 ..................... Violation of civil rights. 

441 ..................... Other major misconduct offenses not specifically listed. 

442 ..................... Reserved for future use. 

443 ..................... Reserved for future use. 


asabaliauskas on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Rules and Regulations 16277 

Dated: March 23, 2015. 

Aaron Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2015–06909 Filed 3–26–15; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2015–0018] 

RIN 1625–AA08 

Special Local Regulation; Charleston 

Race Week, Charleston Harbor; 

Charleston, SC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a special local regulation on 

the waters of Charleston Harbor in 

Charleston, South Carolina during 

Charleston Race Week, a series of 

sailboat races. The races are scheduled 

to take place on April 17, 2015 through 

April 19, 2015. Approximately 300 

sailboats are anticipated to participate 

in the races. The special local regulation 

is necessary to provide for the safety of 

life on the navigable waters of the 

United States during the races. The 

special local regulation consists of three 

race areas. Except for those persons and 

vessels participating in the sailboat 

races, persons and vessels are 

prohibited from entering, transiting 

through, anchoring in, or remaining 

within any of the race areas unless 

authorized by the Captain of the Port 

Charleston or a designated 

representative. 

DATES: This rule is effective on April 17, 

2015 through April 19, 2015. This rule 

will be enforced daily from 8:30 a.m. 

until 5:00 p.m. 

ADDRESSES: Documents indicated in this 

preamble are part of docket USCG– 

2015–0018. To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type the docket 

number in the ‘‘SEARCH’’ box and click 

‘‘Search.’’ Click on Open Docket Folder 

on the line associated with this 

rulemaking. You may also visit the 

Docket Management Facility in Room 

W12–140 on the ground floor of the 

Department of Transportation West 

Building, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Chief Warrant Officer Christopher 

Ruleman, telephone (843) 740–3184, 

email Christopher.L.Ruleman@uscg.mil. 

If you have questions on viewing the 

docket, call Barbara Hairston, Program 

Manager, Docket Operations, telephone 

(202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of Proposed Rulemaking 

A. Regulatory History and Information 

On February 19, 2015, we published 

a notice of proposed rulemaking 

(NPRM) entitled Special Local 

Regulation; Charleston Race Week, 

Charleston, SC in the Federal Register. 

We received no comments on the 

proposed rule. No public meeting was 

requested, and none was held. 

B. Basis and Purpose 

The legal basis for the rule is the 

Coast Guard’s authority to establish 

special local regulations: 33 U.S.C. 

1233. The purpose of the rule is to 

insure safety of life on navigable waters 

of the United States during three 

Charleston Race Week sailboat races. 

C. Discussion of the Final Rule 

From April 17, 2015 through April 19, 

2015, Charleston Ocean Racing 

Association will host three sailboat 

races on Charleston Harbor in 

Charleston, South Carolina during 

Charleston Race Week. Approximately 

300 sailboats will be participating in the 

three races. The rule establishes a 

special local regulation on certain 

waters of Charleston Harbor in 

Charleston, South Carolina. The special 

local regulation will be enforced daily 

from 8:30 a.m. until 5:00 p.m. on April 

17, 2015 through April 19, 2015. The 

special local regulation consists of the 

following three race areas. 

1. Race Area #1. All waters 

encompassed within an 800 yard radius 

of position 32°46′23′′ N, 79°55′11′′ W. 

2. Race Area #2. All waters 

encompassed within a 900 yard radius 

of position 32°45′54′′ N, 79°54′41′′ W. 

3. Race Area #3. All waters 

encompassed within a 900 yard radius 

of position 32°46′09′′ N, 79°53′52′′ W. 

Except for those persons and vessels 

participating in the sailboat races, 

persons and vessels are prohibited from 

entering, transiting through, anchoring 

in, or remaining within any of the race 

areas unless specifically authorized by 

the Captain of the Port Charleston or a 

designated representative. Persons and 

vessels desiring to enter, transit through, 

anchor in, or remain within any of the 

race areas may contact the Captain of 

the Port Charleston by telephone at 

(843) 740–7050, or a designated 

representative via VHF radio on channel 

16, to request authorization. If 

authorization to enter, transit through, 

anchor in, or remain within the race 

areas is granted by the Captain of the 

Port Charleston or a designated 

representative, all persons and vessels 

receiving such authorization must 

comply with the instructions of the 

Captain of the Port Charleston or a 

designated representative. The Coast 

Guard will provide notice of the 

regulated areas by Local Notice to 

Mariners, Broadcast Notice to Mariners, 

and on-scene designated 

representatives. 

D. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on these statutes and executive 

orders. 

1. Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, as supplemented 

by Executive Order 13563, Improving 

Regulation and Regulatory Review, and 

does not require an assessment of 

potential costs and benefits under 

section 6(a)(3) of Executive Order 12866 

or under section 1 of Executive Order 

13563. The Office of Management and 

Budget has not reviewed it under those 

Orders. 

The economic impact of this rule is 

not significant for the following reasons: 

(1) Although persons and vessels will 

not be able to enter, transit through, 

anchor in, or remain within the 

regulated areas without authorization 

from the Captain of the Port Charleston 

or a designated representative, they may 

operate in the surrounding area during 

the enforcement periods; (2) persons 

and vessels may still enter, transit 

through, anchor in, or remain within the 

regulated areas if authorized by the 

Captain of the Port Charleston or a 

designated representative; and (3) the 

Coast Guard will provide advance 

notification of the special local 

regulation to the local maritime 

community by Local Notice to Mariners 

and Broadcast Notice to Mariners. 

2. Impact on Small Entities 

The Regulatory Flexibility Act of 1980 

(RFA), 5 U.S.C. 601–612, as amended, 

requires federal agencies to consider the 


asabaliauskas on DSK5VPTVN1PROD with RULES