62618 Federal Register / Vol. 65, No. 203 / Thursday, October 19, 2000 / Rules and Regulations

consult the installation family

counseling center concerning such

issues. In addition, commanders should

exercise extreme caution in denying

dependent support in cases where the

servicemember is also a perpetrator of

spousal abuse.); or

(D) The dependent is in jail.

(vi) All command directed support

waivers shall be in writing and a copy

shall be provided to the disenfranchised

family member by the command. The

command shall also retain a copy.

Alleged verbal support waivers shall be

given no force or effect.

(vii) The natural parents of an

adopted child are relieved of the

obligation to support the child as such

duty is imposed on the adoptive parent.

A Marine who contemplates the

adoption of a child should be aware of

the legal obligation to provide

continuous support, once adopted, for

such child during its minority.

5. In § 733.4, revise paragraph (a)(1) to

read as follows:

§ 733.4 Complaints of nonsupport and

insufficient support of dependents.

(a) * * *

(1) Waiver of support of spouse. If the

member feels that he or she has

legitimate grounds for a waiver of

support for the spouse, the Director,

Navy Family Allowance Activity or in

the case of a member of the U.S. Marine

Corps, the general court-martial

convening authority, may grant such a

waiver for support of a spouse (but not

children) on the basis of evidence of

desertion without cause or infidelity on

the part of the spouse. The evidence

may consist of—

(i) U.S. Navy members. An affidavit of

the service member, relative,

disinterested person, public official, or

law enforcement officer, and written

admissions by the spouse contained in

letters written by that spouse to the

service member or other persons.

However, affidavits of the service

member and relatives should be

supported by other corroborative

evidence. All affidavits must be based

upon the personal knowledge of the

facts set forth; statements of hearsay,

opinion, and conclusion are not

acceptable as evidence.

(ii) U.S. Marine Corps members. The

Marine’s commander may consider all

pertinent facts and circumstances. The

general court-martial convening

authority my consider any reliable

evidence including, but not necessarily

limited to, the following: affidavits of

the Marine, relatives, or other witnesses;

admissions of the spouse, including

verbal and written statements or letters

written by the spouse to the Marine or

other persons; pertinent photographs or

court orders; and admissions by the

person with whom the spouse allegedly

had sexual liaisons. Witness statements

should ordinarily state facts that were

personally observed. Statements that

merely state a conclusion without

providing the personal observations on

which the conclusion is based are

generally unpersuasive.

(iii) The request for waiver of support

of a spouse should be submitted to the

Director, Navy Family Allowance

Activity or in the case of a member of

the U.S. Marine Corps, the general

court-martial convening authority, with

a complete statement of the facts and

substantiating evidence, and comments

or recommendations of the commanding

officer.

* * * * *

§ 733.5 [Amended]

6. In § 733.5, remove the next to last

sentence in paragraph (b) introductory

text.

Dated: October 10, 2000.

C.G. Carlson,

Major, U.S. Marine Corps, Alternate Federal

Register Liaison Officer.

[FR Doc. 00–26793 Filed 10–18–00; 8:45 am]

BILLING CODE 3810–FF–U

DEPARTMENT OF DEFENSE

Department of the Navy

32 CFR Part 734

RIN 0703–AA67

Garnishment of Pay of Naval Military

and Civilian Personnel for Collection of

Child Support and Alimony

AGENCY: Department of the Navy, DOD.

ACTION: Final rule.

SUMMARY: The Department of the Navy

is updating its regulation on

garnishment of pay of naval military

and civilian personnel for collection of

child support and alimony. This

amendment reflects changes to the

Marine Corps provision on receipt of

legal process and other administrative

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 734. This amendment updates

information on legal process brought

against a Marine Corps member for the

enforcement of a legal obligation to

provide child support or alimony

payments. Additionally, administrative

changes were made to change reference

to ‘‘Marine Corps Manual’’ to ‘‘MCO

5800.16A, Marine Corps Manual on

Legal Administration

(LEGADMINMAN)’’ on order to more

accurately describe the manual. 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 734, 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).

Federal Register / Vol. 65, No. 203 / Thursday, October 19, 2000 / Rules and Regulations 62619

List of Subjects in 32 CFR Part 734

Alimony, Child support, Military

personnel.

For the reasons set forth in the

preamble, amend part 734 of title 32 of

the Code of Federal Regulations as

follows:

PART 734—GARNISHMENT OF PAY

OF NAVAL MILITARY AND CIVILIAN

PERSONNEL FOR COLLECTION OF

CHILD SUPPORT AND ALIMONY

1. The authority citation for 32 CFR

part 734 continues to read as follows:

Authority: 42 U.S.C. 659 (Social Security

Act, sec. 459 added by Pub. L. 93–647, part

B, sec. 101(a), 88 Stat. 2357, as amended by

the Tax Reform and Simplification Act of

1977, Pub. L. 95–30, title V, sec. 502, 91 Stat.

157).

2. In § 734.3, revise paragraph (a)(2) to

read as follows:

§ 734.3 Service of Process.

(a) * * *

(2) Marine Corps members. 42 U.S.C.

659 provides that pay of a

servicemember, active duty or retired,

shall be subject to legal process brought

for the enforcement against such

member of legal obligations to provide

child support or alimony payments.

‘‘Legal process’’ means any writ, order,

summons, or other similar process in

the nature of garnishment. Upon receipt

of such legal process, it will be

forwarded directly to: Defense Finance

and Accounting Service, Cleveland

Center, Garnishment Operations

Directorate (DFAS–CL/L), P.O. Box

998002, Cleveland, Ohio 44199–8002.

The letter of transmittal will state the

date of service and method by which

service was made. Detailed instructions

for disbursing officers and commanding

officers are contained in DFAS–KC

7220.31–R, chapter 7.

* * * * *

§§ 734.4 and 734.5 [Amended]

3. In 32 CFR part 734, remove the

words ‘‘Marine Corps Manual’’ and add,

in their place, the words ‘‘MCO

5800.16A, Marine Corps Manual for

Legal Administration

(LEGADMINMAN)’’ in the following

places:

a. Section 734.4(a)(3).

b. Section 734.5.

Dated: October 10, 2000.

C.G. Carlson,

Major, U.S. Marine Corps, Alternate Federal

Register Liaison Officer.

[FR Doc. 00–26791 Filed 10–18–00; 8:45 am]

BILLING CODE 3810–FF–U

DEPARTMENT OF DEFENSE

Department of the Navy

32 CFR Part 765

RIN 0703–AA69

Rules Applicable to the Public

AGENCY: Department of the Navy, DOD.

ACTION: Final rule.

SUMMARY: This rule sets forth

amendments on the rules applicable to

the public. It is intended that this

amendment will apprise members of the

public of updated information on the

redelegated authority to grant written

permission to use the United States

Marine Corps emblem, names, or initials

and on changes to the mileage

allowances on rewards for the return of

Navy and Marine Corps absentees.

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, USN, Head, Regulations and

Legislation, FOIA/PA 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 765. As part of our annual review

of 32 CFR we identified a need to

update information found at Part 765

concerning mileage allowances as part

of the rewards for return of Navy and

Marine Corps absentees and on the

redelegated authority to grant written

authority to use the emblem, names, and

use of the United States Marine Corps.

This rule is being published by the

Department of the Navy for guidance

and interest of the public in accordance

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

determined that invitation of public

comment on this amendment 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 765, 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, USN, Head,

Regulations and Legislation, FOIA/PA

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 765

Reward, Seals and insignia.

For the reasons set forth in the

preamble, the Department of the Navy

amends 32 CFR Part 765 as follows:

PART 765—RULES APPLICABLE TO

THE PUBLIC

1. The authority citation for part 765

continues to read as follows:

Authority: Secs. 5031, 6011, 70A Stat. 278,

375, as amended, sec. 133, 76 Stat. 517, sec.

301, 80 Stat. 379; 5 U.S.C. 301, 10 U.S.C. 133,

5031, 6011, 7881.

§ 765.14 [Amended]

2. In 32 CFR 765.14(d)(2) and (3),

remove the term ‘‘Director of

Headquarters Support (CMC(HQSP))’’

and add its place, the term ‘‘Director,

Administration Resource Management

(ARDE)’’ and remove the term ‘‘CMC

(HQSP)’’ and add in its place the term

‘‘CMC (ARDE)’’.

Dated: October 10, 2000.

C. G. Carlson,

Major, U.S. Marine Corps, Alternate Federal

Register Liaison Officer.

[FR Doc. 00–26792 Filed 10–18–00; 8:45 am]

BILLING CODE 3810–FF–P