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:

Federal Register / Vol. 65, No. 203 / Thursday, October 19, 2000 / Rules and Regulations 62617

PART 733—ASSISTANCE TO AND

SUPPORT OF DEPENDENTS;

PATERNITY COMPLAINTS

1. The authority citation for 32 CFR

part 733 is revised to read as follows:

Authority: 5 U.S.C. 301; 10 U.S.C. 5013; 37

U.S.C. 101, 401, 403; 50 U.S.C. App. 2210;

E.O. 11157, 29 FR 7973, 3 CFR 1964 Supp.

p. 139, as amended.

§ 733.1 [Amended]

2. In § 733.1, remove the words ‘‘basic

allowance for quarters’’ and add, in

their place, the words ‘‘basic allowance

for housing (BAH)’’ in the section

heading.

§§ 733.1, 733.2, and 733.3 [Amended]

3. In addition to the amendments set

forth above, in 32 CFR 733 remove the

words ‘‘basic allowance for quarters’’

and add, in their place, the word ‘‘BAH’’

in the following places:

a. Section 733.1(a).

b. Section 733.2.

4. Amend § 733.3 as follows:

a. In paragraph (a)(2), revise the sixth

sentence.

b. Redesignate paragraph (a)(2)(i) as

paragraph (b) and revise it.

c. Add a new paragraph (c).

The revisions and addition read as

follows:

§ 733.3 Information and policy on support

of dependents.

(a) * * *

(2) * * * The support scales set forth

in paragraphs (b) and (c) of this section

are not intended as a fixed rule.

* * * * *

(b) Navy members. (1) The amount of

support to be provided in the absence of

a mutual agreement or court order is as

follows:

For spouse only—1⁄3 gross pay

For spouse and one minor child—1⁄2 gross

pay

For spouse and two or more children—3⁄5

gross pay

For one minor child—1⁄6 gross pay

For two minor children—1⁄4 gross pay

For three or more children—1⁄3 gross pay

(2) For purposes of this support guide,

gross pay will include basic pay and

BAH, but does not include hazardous

duty pay, sea or foreign duty pay,

incentive pay, or basic allowance for

subsistence.

(c) Marine Corps members. (See MCO

5800.16A, Marine Corps Manual for

Legal Administration

(LEGADMINMAN))

(1) In the absence of a court order or

a written agreement between the parties

as to an amount of support to be

furnished by the Marine, the following

shall apply to establish interim support

requirements. Note that gross pay is

defined as basic pay and BAH, but does

not include hazardous duty pay,

incentive pay, or basic allowance for

subsistence.

(2) Single family. (i) For a single

family living in Government housing

(civilian spouse): interim support shall

be $200.00 per supported person, up to

a maximum of 1⁄3 gross pay, per month.

(ii) For a single family not living in

Government housing (civilian spouse):

interim support shall be either $200.00

per supported family member, or BAH

at the ‘‘with dependents’’ rate,

whichever is greater, up to a maximum

of 1⁄3 gross pay, per month.

(3) Multiple families (not including a

spouse in the armed forces). Interim

support for each family member shall be

either $200.00 per supported family

member, or the pro rata share of BAH

at the ‘‘with dependents’’ rate,

whichever is greater, up to a maximum

of 1⁄3 gross pay, per month.

(4) Both spouses in the armed forces.

(i) No children of the marriage: no

support obligation, regardless of any

disparities in pay grade.

(ii) All the children of the marriage in

the custody of one spouse: interim

support shall be either $200.00 per

supported child, or BAH at the ‘‘with

dependents’’ rate, whichever is greater,

up to a maximum of 1⁄3 gross pay, per

month.

(iii) If custody of children of the

marriage is divided between the two

parents: interim support shall be either

$200.00 per supported family member,

or the pro rata share of BAH at the ‘‘with

dependents’’ rate, whichever is greater,

up to a maximum of 1⁄3 gross pay, per

month.

(5) Support amounts required

pursuant to this section will be paid

until a court order or written agreement

is obtained.

(6) Form and timing of financial

support payments

(i) Unless otherwise required by court

order or by written financial support

agreement, a financial support payment

will be made in one of the following

ways:

(A) Check.

(B) Money order.

(C) Electronic transfer.

(D) Voluntary allotment.

(E) Cash.

(F) Involuntary allotment.

(G) Garnishment.

(ii) As an exception to paragraph

15002.6a of the LEGADMINMAN, a

commanding officer may direct

compliance with the financial support

requirements of this section by making

in-kind financial support. For example,

paying non-Government housing

expenses on behalf of family members,

automobile loans, or charge accounts.

(7) Alimony and child support. (i)

Dependents for whom BAH or other

allowances are payable are defined by

law. For purposes of qualifying for BAH,

medical care, or other benefits, a former

spouse is not a dependent even though

alimony has been decreed. Marines are

expected to comply with the terms of

court orders which adjudge alimony

payments (even though BAH is not

payable) until the responsibility for

compliance is terminated by a court of

competent jurisdiction; a written

agreement between the persons

concerned; relinquishment by the

former spouse in writing; or the waiver

of the support requirement is granted by

the general court-martial (GCM)

authority in writing.

(ii) If the decree is silent as to alimony

payments, it is presumed that the court

did not intend such payments.

(iii) When a valid court order exists

and the Marine concerned is financially

unable to comply, the Marine will be

advised that noncompliance with the

terms of that order renders the Marine

liable to further civil court action.

(iv) The duty of Marines to support

their minor children is not terminated

by desertion or other misconduct on the

part of the Marine’s spouse. Similarly,

the obligation to support a child or

children is not eliminated or reduced by

the dissolution of the marriage through

divorce, unless a judicial decree or

order specifically negates the obligation

of child support. The fact that a divorce

decree is silent relative to support of

minor children, or does not mention a

child or children, will not be interpreted

by command authorities as relieving the

Marine of the inherent obligation to

provide support for the child or

children of the marriage.

(v) A commanding officer may

consider releasing a Marine under his/

her command from the specific

requirements of this regulation in the

situations described below. A

commanding officer may reconsider any

prior decision made by himself/herself

or by a prior commanding officer:

(A) When the Marine cannot

determine the whereabouts and welfare

of the child concerned;

(B) When it is apparent that the

person requesting support for the child

does not have physical custody of the

child;

(C) When the Marine has been the

victim of a substantiated instance of

physical abuse (this section applies only

to a requirement to support a spouse,

not dependent children. Commanding

officers are strongly encouraged to

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).