Federal Register / Vol. 65, No. 203 / Thursday, October 19, 2000 / Rules and Regulations 62615

EFFECTIVE DATE: November 9, 1999.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Commander Gregg A. Cervi,

JAGC, U.S. Navy Admiralty Counsel,

Office of the Judge Advocate General,

Navy Department, Washington Navy

Yard, Washington, DC 20374–5066;

Telephone number: (202) 685–5040.

SUPPLEMENTARY INFORMATION: Pursuant

to the authority granted in 33 U.S.C.

1605, the Department of the Navy

amends 32 CFR part 706. This

amendment provides notice that the

Deputy Assistant Judge Advocate

General of the Navy (Admiralty and

Maritime Law), under authority

delegated by the Secretary of the Navy,

has certified that USS Mitscher (DDG

57) is a vessel of the Navy which, due

to its special construction and purpose,

cannot fully comply with the following

specific provisions of 72 COLREGS

without interfering with its special

function as a naval ship: Annex I

paragraph 3(a) pertaining to the location

of the forward masthead light in the

forward quarter of the vessel, and the

horizontal distance between the forward

and after masthead lights. The Deputy

Assistant Judge Advocate General of the

Navy (Admiralty and Maritime Law) has

also certified that the lights involved are

located in closest possible compliance

with the applicable 72 COLREGS

requirements.

Moreover, it has been determined, in

accordance with 32 CFR parts 296 and

701, that publication of this amendment

for public comment prior to adoption is

impracticable, unnecessary, and

contrary to public interest since it is

based on technical findings that the

placement of lights on this vessel in a

manner differently from that prescribed

herein will adversely affect the vessel’s

ability to perform its military functions.

List of Subjects in 32 CFR part 706

Marine safety, Navigation (water), and

Vessels.

Accordingly, 32 CFR part 706 is

amended as follows:

PART 706—[AMENDED]

1. The authority citation for 32 CFR

part 706 continues to read as follows:

Authority: 33 U.S.C. 1605.

2. Table Five of § 706.2 is amended by

revising the entry for USS Mitscher to

read as follows:

§ 706.2 Certifications of the Secretary of

the Navy under Executive Order 11964 and

33 U.S.C. 1605.

* * * * *

TABLE FIVE

Vessel Number

Masthead lights

not over all other

lights and obstructions. annex

I, sec. 2(f)

Forward masthead light not in

forward quarter of

ship. annex I,

sec. 3(a)

After masthead

light less than 1⁄2

ship’s length aft

of forward masthead light. annex

I, sec. 3(a)

Percentage horizontal separation

attained

*******

USS Mitscher ......................................................... DDG 57 X X X 19.8

*******

Dated: November 9, 1999.

Approved:

G.A. Cervi,

Lieutenant Commander, JAGC, U.S. Navy,

Deputy Assistant Judge Advocate, General

(Admiralty and Maritime Law).

Editorial Note: This document was

received at the Office of the Federal Register

October 6, 2000.

[FR Doc. 00–26263 Filed 10–18–00; 8:45 am]

BILLING CODE 3810–FF–P

DEPARTMENT OF DEFENSE

Department of the Navy

32 CFR Part 724

RIN 0703–AA64

Naval Discharge Review Board

AGENCY: Department of the Navy, DOD.

ACTION: Final Rule.

SUMMARY: This amendment reflects

administrative changes made to the

Department of the Navy’s Naval

Discharge Review Board regulations.

DATES: Effective October 19, 2000.

ADDRESSES: Office of the Judge

Advocate General (Code 13), 1322

Patterson Ave. SE, Suite 3000,

Washington Navy Yard, DC 20374–

5066.

FOR FURTHER INFORMATION CONTACT:

Roger Claussen, Legal Advisor, Naval

Council of Personnel Boards, 720

Kennon Street, SE, Room 309,

Washington Navy Yard, DC 20374–

5023. Phone: (202) 685–6399.

SUPPLEMENTARY INFORMATION: Pursuant

to the authority cited below, the

Department of the Navy amends 32 CFR

part 724. This amendment provides

notice that the Department of the Navy

has made administrative changes to the

Naval Discharge Review Board

regulations. These changes are found in

subparts A and B and reflect updated

references, removal of a redundant

information, a change in the number of

days an applicant has to submit

documents to the Board after

notification that certain documents are

unavailable to the Board from 30 to 60

days, and other administrative changes.

It has been determined that invitation of

public comment on this amendment

would be impracticable and

unnecessary, and it is therefore not

required under the public rulemaking

provisions of 32 CFR Part 336 or

Secretary of the Navy Instruction

5720.45. Interested persons, however,

are invited to comment in writing on

this amendment. All written comments

received will be considered in making

subsequent amendments or revisions of

32 CFR Part 724, or the instructions on

which they are based. Changes may be

initiated on the basis of comments

received. Written comments should be

addressed to Roger Claussen, Legal

Advisor, Naval Council of Personnel

Boards, 720 Kennon Street, SE, Room

309, Washington Navy Yard, DC 20374–

5023. Phone: (202) 685–6399. It has

been determined that this final rule is

not a ‘‘significant regulatory action’’ as

defined in Executive Order 12866.

Executive Order 13132, Federalism

It has been determined that this rule

does not have sufficient Federalism

implications to warrant the preparation

of a Federalism Assessment. The

62616 Federal Register / Vol. 65, No. 203 / Thursday, October 19, 2000 / Rules and Regulations

provisions contained in this rule will

have little or no direct effect on States

or local governments.

Regulatory Flexibility Act

This rule will not have a significant

economic impact on a substantial

number of small entities for purposes of

the Regulatory Flexibility Act (5 U.S.C.

Chapter 6).

Paperwork Reduction Act

This rule does not impose collection

of information requirements for

purposes of the Paperwork Reduction

Act (44 U.S.C. Chapter 35, 5 CFR Part

1320).

List of Subjects in 32 CFR Part 724

Administrative pracatice and

procedure, Archives and records, Courtmartial, Military personnel, Naval

discharge.

For the reasons set forth in the

preamble, amend part 724 of title 32 of

the Code of Federal Regulations as

follows:

PART 724—NAVAL DISCHARGE

REVIEW BOARD

1. The authority citation for 32 CFR

part 724 continues to read as follows:

Authority: 5 U.S.C. 301; 10 U.S.C. 1553.

PART 724—[AMENDED]

2. In 32 CFR part 724, revise all

references to ‘‘he’’ to read ‘‘he/she’’, and

revise all references to ‘‘his’’ to read

‘‘his/her’’.

3. Revise 32 CFR 724.108, as follows:

§ 724.108 Administrative discharge.

A discharge upon expiration of

enlistment or required period of service,

or prior thereto, in a manner prescribed

by the Commandant of the Marine Corps

or the Commander, Naval Personnel

Command, but specifically excluding

separation by sentence of a general

court-martial.

4–5. In 32 CFR 724.109, revise

paragraph (a)(4)(ii) as follows:

§ 724.109 Types of administrative

discharges.

(a) * * *

(4) * * *

(ii) With respect to administrative

matters outside the administrative

separation system that require a

characterization of service as Honorable

or General, an Entry Level Separation

shall be treated as the required

characterization. An Entry Level

Separation for a member of a Reserve

component separated from the Delayed

Entry Program is under honorable

conditions.

* * * * *

§ 724.201 [Amended]

5. In 32 CFR 724.201, remove the

words ‘‘SECNAVINST 5430.7L’’ and

add, in their place, the words

‘‘SECNAVINST 5730.7 series’’, and

remove the words ‘‘SECNAVINST

5420.135C’’ and add, in their place, the

words ‘‘SECNAVINST 5420.135 series’’.

§ 724.210 [Amended]

6. In 32 CFR 724.210(a)(2), remove the

number ‘‘30’’ and add, in its place, the

number ‘‘60’’.

§ 724.212 [Amended]

7. In 32 CFR 724.212, remove and

reserve paragraph (c).

Dated: September 29, 2000.

C.G. Carlson,

U.S. Marine Corps, Alternate Federal Register

Liaison Officer.

[FR Doc. 00–25986 Filed 10–18–00; 8:45 am]

BILLING CODE 3810–01–P

DEPARTMENT OF DEFENSE

Department of the Navy

32 CFR Part 733

RIN 0703–AA66

Assistance to and Support of

Dependants; Paternity Complaints

AGENCY: Department of the Navy, DOD.

ACTION: Final rule.

SUMMARY: The Department of the Navy

is updating its regulation on assistance

to and support of dependents and

paternity complaints. Significant

changes were made to Marine Corps

specific provisions to reflect the

language found in the Marine Corps

Legal Administration Manual. Other

changes reflect administrative and

nomenclature changes.

DATES: Effective October 19, 2000.

ADDRESSES: Office of the Judge

Advocate General (Code 13), 1322

Patterson Ave SE, Suite 3000,

Washington Navy Yard, DC 20374–

5066.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Commander James L. Roth,

JAGC, U.S. Navy, Head, Regulations and

Legislation Branch, Administrative Law

Division, Office of the Judge Advocate

General (Code 13), 1322 Patterson Ave

SE, Suite 3000, Washington Navy Yard,

DC 20374–5066, (703) 604–8200.

SUPPLEMENTARY INFORMATION: Pursuant

to the authority cited below, the

Department of the Navy amends 32 CFR

Part 733. This amendment provides

notice that significant changes were

made in sections 733.3 and 733.4 to

paragraphs applicable to the Marine

Corps to reflect language found in the

Marine Corps Legal Administration

Manual (MCO 5800.16A

(LEGADMINMAN)). Additionally,

throughout Part 733 the term ‘‘basic

allowance for quarters’’ was changed to

‘‘basic allowance for housing’’, as well

as other administrative changes. It has

been determined that invitation of

public comment on this amendment

would be impracticable and

unnecessary, and it is therefore not

required under the public rulemaking

provisions of 32 CFR Part 336 or

Secretary of the Navy Instruction

5720.45. Interested persons, however,

are invited to comment in writing on

this amendment. All written comments

received will be considered in making

subsequent amendments or revisions of

32 CFR Part 733, or the instructions on

which they are based. Changes may be

initiated on the basis of comments

received. Written comments should be

addressed to Lieutenant Commander

James L. Roth, JAGC, U.S. Navy, Head,

Regulations and Legislation Branch,

Administrative Law Division, Office of

the Judge Advocate General (Code 13),

1322 Patterson Ave SE, Suite 3000,

Washington Navy Yard, DC 20374–

5066. It has been determined that this

final rule is not a ‘‘significant regulatory

action’’ as defined in Executive Order

12866.

Executive Order 13132, Federalism

It has been determined that this rule

does not have sufficient Federalism

implications to warrant the preparation

of a Federalism Assessment. The

provisions contained in this rule will

have little or no direct effect on States

or local governments.

Regulatory Flexibility Act

This rule will not have a significant

economic impact on a substantial

number of small entities for purposes of

the Regulatory Flexibility Act (5 U.S.C.

Chapter 6).

Paperwork Reduction Act

This rule does not impose collection

of information requirements for

purposes of the Paperwork Reduction

Act (44 U.S.C. Chapter 35, 5 CFR Part

1320).

List of Subjects in 32 CFR Part 733

Alimony, Child support, Housing,

Marital status, Military personnel.

For the reasons set forth in the

preamble, amend part 733 of title 32 of

the Code of Federal Regulations as

follows: