57486 Federal Register / Vol. 77, No. 181 / Tuesday, September 18, 2012 / Rules and Regulations 

TABLE 1 TO PARAGRAPH (G) OF THIS AD—PART REMOVAL THRESHOLDS—Continued 

HDTR3412L, HDTR3416L, HDTR3417L, 

HDTR3414R, HDTR3419R, HDTR3420R.

Before the accumulation of 25,000 total flight 

cycles since the first installation of C-duct 

on the airplane.

Within 3 months after the effective date of this 

AD. 

HDTR3413L, HDTR3415R, HDTR3415L, 

HDTR3418R.

Before the accumulation of 40,000 total flight 

cycles since the C-duct was new.

Within 3 months after the effective date of this 

AD. 

(h) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

In accordance with 14 CFR 39.19, send your 

request to your principal inspector or local 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the International Branch, send it to ATTN: 

Vladimir Ulyanov, Aerospace Engineer, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue SW., Renton, WA 98057–3356; 

telephone (425) 227–1138; fax (425) 227– 

1149. Information may be emailed to: 9- 

ANM-116-AMOC-REQUESTS@faa.gov. 

Before using any approved AMOC, notify 

your appropriate principal inspector, or 

lacking a principal inspector, the manager of 

the local flight standards district office/ 

certificate holding district office. The AMOC 

approval letter must specifically reference 

this AD. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(i) Related Information 

Refer to MCAI EASA Airworthiness 

Directive 2011–0018, dated February 3, 2011; 

for related information. 

(j) Material Incorporated by Reference 

None. 

Issued in Renton, Washington, on 

September 6, 2012. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–22954 Filed 9–17–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 233 

[DOD–2008–OS–0049] 

RIN 0790–AI27 

Federal Voting Assistance Program 

AGENCY: Office of the Under Secretary of 

Defense for Personnel and Readiness/ 

Federal Voting Assistance Program, 

DoD. 

ACTION: Interim final rule 

SUMMARY: This rule concerns the 

Federal Voting Assistance Program 

(FVAP). It provides direction and 

guidance to the Department of Defense 

and other Federal departments and 

agencies in establishing voting 

assistance programs for citizens covered 

by the Uniformed and Overseas Citizens 

Absentee Voting Act (UOCAVA) as 

modified by the Military and Overseas 

Voter Empowerment Act. The 2012 

election cycle starts with the January 10, 

2012 New Hampshire Presidential 

Preference Primary and continues 

through the November 6, 2012 General 

Election. This 2012 election schedule 

requires that the policies and 

procedures set forth in the rule must be 

in place to ensure that citizens voting 

under UOCAVA are fully guided and 

supported through established voting 

assistance programs within the Federal 

departments and agencies. Therefore, 

this rule is being established as an 

interim final rule to allow promulgation 

of appropriate direction and guidance 

prior to completion of a public comment 

period. 

DATES: Effective date: September 18, 

2012. 

Comment date: Comments must be 

received by November 19, 2012. 

ADDRESSES: You may submit comments, 

identified by docket number and or 

Regulatory Information Number (RIN) 

number 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: John 

B. Godley, (703) 588–8108. 

SUPPLEMENTARY INFORMATION: 

Background 

Part 233 establishes policy and 

assigns responsibilities for the Federal 

Voting Assistance Program. It 

establishes policy and assigns 

responsibilities for the development and 

implementation of installation voter 

assistance (IVA) offices. This part 

establishes policy for the development 

and implementation, jointly with each 

State, of procedures for persons to apply 

to register to vote at recruitment offices 

of the Military Services. 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ and Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review’’ 

It has been certified that 32 CFR part 

233 does not: 

(1) Have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy; a section of the economy; 

productivity; competition; jobs; the 

environment; public health or safety; or 

State, local, or tribal governments or 

communities; 

(2) Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another Agency; 

(3) Materially alter the budgetary 

impact of entitlements, grants, user fees, 

or loan programs, or the rights and 

obligations of recipients thereof; or 

(4) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in these Executive Orders. 

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

Mandates Reform Act’’ 

It has been certified that 32 CFR part 

233 does not contain a Federal mandate 

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Federal Register / Vol. 77, No. 181 / Tuesday, September 18, 2012 / Rules and Regulations 57487 

that may result in expenditure by State, 

local and tribal governments, in 

aggregate, or by the private sector, of 

$100 million or more in any one year. 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C. 601) 

It has been certified that 32 CFR part 

233 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. 

Public Law 96–511, ‘‘Paperwork 

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

It has been certified that 32 CFR part 

233 does impose reporting or 

recordkeeping requirements under the 

Paperwork Reduction Act of 1995. Two 

surveys are conducted after the election 

cycle. OMB has approved these surveys 

under the following OMB Control 

Numbers: 0704–0125, ‘‘Post-Election 

Survey of Local Election Officials,’’ and 

0704–0476, ‘‘Post-Election Survey of 

Overseas Citizens.’’ A 60-day notice 

requesting comments on the revised 

collections will be published in January 

2012 and the revised collections should 

be ready for submission to OMB in the 

May/June 2012 timeframe. 

Executive Order 13132, ‘‘Federalism’’ 

It has been certified that 32 CFR part 

233 does not have federalism 

implications, as set forth in Executive 

Order 13132. This rule does not have 

substantial direct effects on: 

(1) The States; 

(2) The relationship between the 

National Government and the States; or 

(3) The distribution of power and 

responsibilities among the various 

levels of Government. 

List of Subjects in 32 CFR Part 233 

Voting rights, civil rights, elections, 

voter registration, voting. 

■ Accordingly 32 CFR part 233 is added 

to read as follows: 

PART 233—FEDERAL VOTING 

ASSISTANCE PROGRAM (FVAP) 

Sec. 

233.1 Purpose 

233.2 Applicability 

233.3 Definitions 

233.4 Policy 

233.5 Responsibilities 

233.6 Procedures 

Authority: EO 12642; 10 U.S.C. 1566a; 42 

U.S.C 1973gg–5; 42 U.S.C. 1973ff—1973ff–6 

§ 233.1 Purpose. 

This part: 

(a) Establishes policy and assigns 

responsibilities for the FVAP in 

accordance with Executive Order 12642 

and the Uniformed and Overseas 

Citizens Absentee Voting Act 

(UOCAVA), 42 U.S.C. 1973ff–1973ff–6. 

(b) Establishes policy and assigns 

responsibilities for the development and 

implementation of installation voter 

assistance (IVA) offices in accordance 

with 10 U.S.C. 1566a. 

(c) Establishes policy and assigns 

responsibilities for the development and 

implementation, jointly with each State, 

of procedures for persons to apply to 

register to vote at recruitment offices of 

the Military Services in accordance with 

42 U.S.C. 1973gg–5. 

§ 233.2 Applicability. 

This part applies to: 

(a) The 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 (IG DoD), the Defense Agencies, 

the DoD Field Activities, and all other 

organizational entities within the DoD 

(hereinafter referred to collectively as 

the ‘‘DoD Components’’). 

(b) The Commissioned Corps of the 

Public Health Service (PHS), under 

agreement with the Department of 

Health and Human Services, and the 

Commissioned Corps of the National 

Oceanic and Atmospheric 

Administration (NOAA), under 

agreement with the Department of 

Commerce. The term ‘‘uniformed 

services’’ refers to the Army, the Navy, 

the Air Force, the Marine Corps, the 

Coast Guard, and their Reserve 

Components, as well as the 

Commissioned Corps of the PHS and the 

NOAA. 

(c) Other Federal Executive 

departments and agencies with 

employees assigned outside the United 

States that provide assistance to the 

FVAP under 42 U.S.C. 1973ff(c). 

Recommended procedures for these 

departments and agencies are contained 

in § 233.6(c) of this part. 

§ 233.3 Definitions. 

Terms used in this part are defined in 

Joint Publication 1–02 (available at 

http://www.dtic.mil/doctrine/dod_

dictionary/) and this section. These 

terms and their definitions are for the 

purpose of this part. 

Eligible voter. Any of the following: 

(1) Absent uniformed services voter: 

(i) A member of a uniformed service 

on active duty who, by reason of such 

active duty, is absent from the place of 

residence where the member is 

otherwise qualified to vote. 

(ii) A member of the merchant marine 

who, by reason of service in the 

merchant marine, is absent from the 

place of residence where the member is 

otherwise qualified to vote. 

(iii) A spouse or dependent of a 

member referred to in the first two 

sentences of this definition who, by 

reason of the active duty or service of 

the member, is absent from the place of 

residence where the spouse or 

dependent is otherwise qualified to 

vote. 

(2) Overseas voter: 

(i) An absent uniformed services voter 

who, by reason of active duty or service, 

is absent from the United States on the 

date of the election involved; 

(ii) A person who resides outside of 

the United States and is qualified to 

vote in the last place in which the 

person was domiciled before leaving the 

United States; or 

(iii) A person who resides outside of 

the United States and (but for such 

residence) would be qualified to vote in 

the last place in which the person was 

domiciled before leaving the United 

States. 

Federal office. The offices of President 

or Vice President; Presidential Elector; 

or of Senator or Representative in; or 

Delegate or Resident Commissioner to 

Congress. 

Installation voter assistance (IVA) 

offices. The office designated by the 

installation commander to provide voter 

assistance to military personnel, votingage military dependents, Government 

employees, contractors, and other 

civilian U.S. citizens with access to the 

installation. IVA offices also serve as 

voter registration agencies pursuant to 

42 U.S.C. 1973gg–5(a)(2). 

Installation voter assistance officer 

(IVAO). An individual responsible for 

voting assistance coordination at the 

installation level. 

Metrics. A systematic means of 

measuring essential management 

information for reporting, control, and 

process improvement. 

Recruitment offices of the Military 

Services. Any office of a military service 

open to the public and engaged in the 

recruitment of persons for appointment 

or enlistment in an Active Component 

of the Military Services. This does not 

include Army National Guard and Air 

National Guard recruiting offices. 

Senior service voting representative 

(SSVR). A uniformed member at the 0– 

7 grade, or higher, or a member of the 

Senior Executive Service responsible for 

implementing the FVAP in his or her 

respective component. 

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Service voting action officer (SVAO). 

An individual at a uniformed service 

headquarters level responsible for 

voting assistance operations for his or 

her respective component. 

State. As defined in 42 U.S.C. 1973ff– 

6. 

State election. Any non-Federal 

election held solely, or in part, for 

selecting, nominating, or electing any 

candidate for any State office, such as 

Governor, Lieutenant Governor, State 

Attorney General, or State Legislator, or 

on issues of Statewide interest. 

Uniformed services. As defined in 42 

U.S.C. 1973ff–6(7). 

Unit voting assistance officer (UVAO). 

An individual responsible for voting 

assistance at the unit level. 

Voter registration agency. An office 

designated pursuant to 42 U.S.C. 

1973gg–5 to perform voter registration 

activities. Pursuant to 42 U.S.C. 1973gg– 

5(c), a recruitment office of the Military 

Services is considered to be a voter 

registration agency. All IVA offices are 

also designated as voter registration 

agencies pursuant to 42 U.S.C. 1973gg– 

5(a)(2). 

§ 233.4 Policy. 

It is DoD policy that: 

(a) The FVAP shall ensure that 

eligible voters receive, pursuant to 42 

U.S.C. 1973ff(b)(5), information about 

registration and voting procedures and 

materials pertaining to scheduled 

elections, including dates, offices, 

constitutional amendments, and other 

ballot proposals. 

(b) The right of U.S. citizens to vote 

is a fundamental right that is afforded 

protection by the U.S. Constitution. 

Every eligible voter shall: 

(1) Be given an opportunity to register 

and vote in any election for which he or 

she is eligible. 

(2) Be able to vote in person or by 

absentee. 

(c) All persons assisting in the voting 

process shall take all necessary steps to 

prevent discrimination, fraud, 

intimidation or coercion, and unfair 

registration and voting assistance 

procedures. This includes, but is not 

limited to, preventing actions such as: 

(1) Using military authority to 

influence the vote of any other member 

of the uniformed services or to require 

any member to march to any polling 

place or place of voting as proscribed by 

18 U.S.C. 592, 18 U.S.C. 593, and 18 

U.S.C. 609. This subsection does not, in 

any way, prohibit free discussion about 

political issues or candidates for public 

office as stated in 18 U.S.C. 609. 

(2) Polling any member of the 

uniformed services before or after he or 

she votes, as proscribed in 18 U.S.C. 

596. 

(d) The FVAP shall conduct official 

surveys authorized by 42 U.S.C. 1973ff 

to report to the President and the 

Congress on the effectiveness of the 

assistance provided to eligible voters 

(including a separate statistical analysis 

of voter participation and a description 

of Federal-State cooperation). 

(e) DoD personnel involved in 

assisting in the voter registration or 

absentee voting process shall use the 

names of persons applying or declining 

to register to vote only for voter 

registration purposes and shall not 

release such information for any other 

purpose. 

(f) Military or civilian personnel 

employed in recruitment offices of the 

Military Services shall be subject to the 

restrictions outlined in § 233.6(b) of this 

part. 

(g) An installation commander may 

permit non-partisan voter registration 

activities on an installation by State and 

county officials, or groups recognized in 

accordance with section 501(c)(19) of 

the Internal Revenue Code, subject to all 

applicable military installation rules 

and regulations governing such 

activities on military installations. 

§ 233.5 Responsibilities. 

(a) The Under Secretary of Defense for 

Personnel and Readiness (USD(P&R)) 

shall: 

(1) Execute the responsibilities of the 

Presidential designee in accordance 

with DoD Directive 5124.02 (available at 

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

corres/pdf/512402p.pdf). 

(2) Administer the FVAP in 

accordance with Executive Order 12642, 

10 U.S.C. 1566a, 42 U.S.C. 1973gg–5, 

and 42 U.S.C. 1973ff—1973ff–6. 

(3) Coordinate and implement actions 

that may be necessary to discharge 

Federal responsibilities assigned in DoD 

Directive 5124.02, Executive Order 

12642, 10 U.S.C. 1566, 42 U.S.C. 

1973gg–5, 42 U.S.C. 1973ff—1973ff–6, 

Section 1604 of Public Law 107–107, 

‘‘The National Defense Authorization 

Act for Fiscal Year 2002,’’ and Section 

567 of Public Law 108–375, ‘‘The 

National Defense Authorization Act for 

Fiscal Year 2005’’. 

(4) Develop policy and procedures to 

implement DoD responsibilities under 

42 U.S.C. 1973gg–5 (also known as the 

‘‘National Voter Registration Act 

(NVRA)’’). 

(5) Grant or deny any hardship 

exemption waivers submitted by a State 

pursuant to 42 U.S.C. 1973ff–1(g) (after 

consultation with the Attorney 

General’s designee) and inform the State 

of the results of the waiver request. 

(6) Ensure that the Director, 

Department of Defense Human 

Resources Activity (DoDHRA) 

designates a civilian Director of the 

FVAP, who shall be responsible for all 

aspects of the FVAP, and shall have the 

necessary authority to administer that 

responsibility, as described in § 233.6(a) 

of this part. 

(b) The Director, DoDHRA, under the 

authority, direction, and control of the 

USD(P&R), shall: 

(1) In coordination with the 

USD(P&R), designate an office by name 

for the execution of the FVAP. 

(2) Ensure that the Director, FVAP 

carries out the responsibilities identified 

in Procedures. 

(c) The IG DoD, in addition to the 

responsibilities in paragraph (d) of this 

section, shall: 

(1) Provide to Congress an 

independent analysis of and report on 

the utilization and effectiveness of 

voting assistance programs, and the 

level of compliance with voting 

assistance programs of the Military 

Departments, in accordance with 10 

U.S.C. 1566. 

(2) Provide the Director, FVAP, along 

with the respective senior service 

representative, with copies of 

supporting data collected during the 

reviews and analyses conducted under 

paragraphs (b)(1) and (2) of this section. 

(d) The Chief, National Guard Bureau, 

in addition to the responsibilities in 

paragraph (d) of this section shall: 

(1) Designate in writing a uniformed 

officer or a civilian employee of the 

appropriate grade as the SSVR to 

manage the voting assistance program 

within the National Guard. 

(2) Designate a SVAO, preferably a 

civilian employee (GS–12 or higher), to 

assist the SSVR and who shall be 

responsible for voting assistance 

operations within the National Guard. 

(3) The Adjutants General of the 

National Guard of the States and 

Territories shall inform the State or 

territory chief election official when 

National Guard units are mobilized or 

placed in a Federal status. 

(e) The Heads of the DoD Components 

and the Uniformed Services shall 

disseminate voting information and 

assist eligible voters, as required, in 

their respective organization, following 

the procedures in § 233.6(b) of this part. 

(f) The Combatant Commanders, in 

addition to the responsibilities in 

paragraph (d) of this section, shall: 

(1) Ensure that deployed forces have 

access to Federal voting information and 

assistance, particularly in remote 

locations. To the extent practicable, 

provide uniformed services members 

under their command with access to 

computers with Internet capability and 

other necessary resources including, but 

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Federal Register / Vol. 77, No. 181 / Tuesday, September 18, 2012 / Rules and Regulations 57489 

not limited to, printers and scanners for 

absentee voting purposes. 

(2) Emphasize, within the operational 

chain of command, the importance that 

they and the DoD attach to participation 

by uniformed service members in the 

Federal, State, and local election 

process and make every reasonable 

effort to assist the Military Services in 

discharging the responsibilities outlined 

elsewhere in this part. 

§ 233.6 Procedures. 

(a) FVAP Procedures. The Director, 

FVAP, shall: 

(1) Manage, coordinate, and perform 

the Presidential designee’s 

responsibilities pursuant to 42 U.S.C. 

1973ff. 

(3) Encourage and assist States and 

other U.S. jurisdictions to adopt the 

mandatory and recommended 

provisions of 42 U.S.C. 1973ff–1 and 

ensure they are aware of the 

requirements of 42 U.S.C. 1973ff. 

(4) Establish and maintain contact 

with State election officials, State 

legislators, and with other State and 

local government officials to improve 

the absentee voting process for the 

Uniformed and Overseas Citizens 

Absentee Voting Act (UOCAVA) 

citizens. Consult with the Defense State 

Liaison Office which is the DoD office 

for contact and coordination with 

Federal, State, and local government 

entities for legislative and other policy 

matters involving voting assistance and 

elections pursuant to 42 U.S.C. 1973ff et 

seq. 

(5) Obtain, from each State, current 

voter registration and absentee voting 

information and disseminate it to other 

Federal Executive departments, 

agencies, DoD Components and voters 

qualified to vote, pursuant to 42 U.S.C. 

1973ff(b)(5). 

(6) Establish and maintain a voting 

assistance program to assist all eligible 

voters as covered by 42 U.S.C. 1973ff et 

seq., and to assist those persons to vote. 

(7) Establish and maintain an FVAP 

Web site that provides: 

(i) Information to citizens on the voter 

registration and absentee voting process. 

(ii) Information on the means of 

electronic transmission of election 

materials allowed by each State. 

(iii) A method to assist citizens in the 

voter registration process and how to 

request an absentee ballot. 

(iv) A list of State contact information 

in accordance with 42 U.S.C. 1973ff– 

1(e)(4). 

(v) The ability to print a Standard 

Form (SF) 186, ‘‘Federal Write-In 

Absentee Ballot,’’ and a list of all 

candidates in a Federal election. 

(vi) A portal that hosts Servicespecific information regarding voting 

assistance programs, including links to 

IVA offices; the contact information for 

voting assistance officers (installation, 

major command and commissioned 

units) within the DoD Component; 

procedures to order voting materials; 

and links to other Federal and State 

voting Web sites. 

(vii) Absentee ballot data reported 

under 42 U.S.C. 1973ff(b)(6) and (b)(11) 

and 42 U.S.C. 1973ff–4A. 

(viii) Other information as deemed 

necessary by Director, FVAP. 

(8) Survey U.S. citizens including, but 

not limited to uniformed services and 

their dependents as well as overseas 

U.S. civilians covered by 42 U.S.C. 

1973ff et seq., voting assistance officers 

(VAOs), and election officials to gather 

necessary statistical information and 

prepare the reports to the President and 

the Congress required by 42 U.S.C. 

1973ff(6) and 42 U.S.C. 1973ff–4A. 

(9) Prescribe the standard oath to be 

used with any document pursuant to 42 

U.S.C. 1973ff(7). 

(10) Coordinate with the Military 

Postal Service Agency, as addressed in 

DoD 4525.6–M (available at http:// 

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

452506m.pdf), to implement measures 

to ensure a postmark or other proof of 

mailing date is provided on each 

absentee ballot collected at any overseas 

location or vessel at sea, and that voting 

materials are moved expeditiously to 

the maximum extent practicable by 

military postal authorities. 

(11) As a component of a 

comprehensive marketing and voter 

education initiative, establish a means 

to inform absent uniformed services 

members of absentee voting information 

and resources 90, 60, and 30 days before 

each Federal election pursuant to 42 

U.S.C. 1973ff–2B(a)(2). 

(12) Develop standards, working with 

the U.S. Election Assistance 

Commission and the Chief State election 

official of each State, for the States to 

report data on the number of absentee 

ballots transmitted and received during 

a regularly scheduled general election 

for Federal office pursuant to 42 U.S.C. 

1973ff(b)(11). Provide a means to store 

the collected data and make the data 

available to the public. 

(13) Establish procedures, in 

consultation with the Attorney General, 

regarding hardship exemption waivers 

submitted by a State pursuant to 42 

U.S.C. 1973ff–1(g). 

(14) Prescribe the required voting 

program metrics to be used by the DoD 

Components and uniformed services to 

be used in evaluating their individual 

voting assistance programs, and report 

on compliance with those metrics. To 

the extent practicable, establish and 

maintain an online portal to collect and 

consolidate voting program metrics. 

(15) Provide technology programs to 

assist uniformed service and overseas 

voters in registering to vote, applying for 

an absentee ballot, receiving an absentee 

ballot, and to the extent required by 

section 1604 of Public Law (Pub. L.) 

107–107, as amended by section 567 of 

Public Law 108–375, returning a voted 

ballot. 

(16) Develop and coordinate with the 

States the implementation and 

operational procedures for persons to 

apply to register to vote at recruitment 

offices of the Military Services. Assist 

the Deputy Assistant Secretary of 

Defense for Military Personnel Policy 

with the implementation of section 42 

U.S.C. 1973gg–5(c) as it applies to 

recruitment offices within the DoD. 

(17) In coordination with the Services, 

develop multiple types of training 

materials for use by IVA offices, IVAOs, 

UVAOs, and recruiters to provide voter 

registration and absentee ballot 

assistance and at recruitment offices of 

the Military Services to provide voter 

registration assistance. Conduct voting 

assistance training during evennumbered years worldwide. 

(18) Analyze the impact of providing 

voter registration assistance and make 

recommendations for improvements in 

Federal and State procedures, forms, 

and laws affected by 42 U.S.C. 1973ff et 

seq. 

(19) Maintain multiple lines of 

support for use by uniformed services 

and overseas voters, personnel assigned 

to recruitment offices of the Military 

Services and State election officials to 

provide assistance outlined pursuant to 

42 U.S.C. 1973ff. 

(b) DoD Component and Uniformed 

Services Procedures. The DoD 

Components and the uniformed services 

shall: 

(1) Develop written voting-related 

policies to support all eligible 

uniformed services personnel and their 

family members including those in 

deployed, dispersed, and tenant 

organizations. Establish the ratio and 

maximum number of voters who may be 

represented by a VAO. 

(2) Ensure command support at all 

levels for the FVAP. 

(3) Designate in writing a uniformed 

officer of flag grade or a civilian 

employee in the Senior Executive 

Service in each uniformed service as the 

SSVR to manage the respective Service 

voting programs. 

(4) Designate a SVAO, preferably a 

civilian employee (General Schedule 

(GS)–12 or higher), to assist the SSVR 

and who shall be responsible for voting 

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57490 Federal Register / Vol. 77, No. 181 / Tuesday, September 18, 2012 / Rules and Regulations 

assistance operations within his or her 

Service. 

(i) If the SVAO is a military member, 

he or she should be at least of pay grade 

O–4 (if an officer) or E–8 (if enlisted) 

and shall be a permanently assigned 

member within the SSVR’s organization. 

(ii) The chief or director of each 

Reserve Component shall designate an 

SVAO to coordinate with the SSVR and 

the Director, FVAP to maintain a 

contingency absentee voting program for 

the National Guard and Reserve units 

and personnel who have been activated 

and deployed. 

(5) Establish IVA offices on each 

military installation and maintain an 

updated list of IVA offices, including 

location, address, hours of operation, 

phone number and email address, 

published on the Service voting 

assistance Web site. At the discretion of 

the installation commander, satellite 

offices may be established under the 

primary IVA office. 

(i) The IVA office will provide voter 

assistance to military personnel, their 

dependents, civilian Federal employees, 

and all qualified voters who have access 

to such installation offices. IVA offices 

shall also serve as voter registration 

agencies under 42 U.S.C. 1973gg– 

5(a)(2). 

(ii) The IVA office shall be established 

within the installation headquarters 

organization reporting directly to the 

installation commander, even if 

geographically located in another office. 

(iii) The IVA office should be located 

in a well-advertised, fixed location, 

consistent throughout the Service, and 

should be physically co-located with an 

existing office that receives extensive 

visits by Service personnel, family 

members, and DoD civilians. The IVA 

office shall be staffed during the hours 

the installation office is open with 

trained personnel to provide direct 

assistance in registration and voting 

procedures, including the assistance 

required under 42 U.S.C. 1973gg– 

5(a)(4). 

(iv) The IVA office shall: 

(A) Be included in the administrative 

in-processing and out-processing 

activities required of reporting and 

detaching personnel. 

(B) Ensure that uniformed services 

members, their voting-age dependents, 

and overseas DoD civilians are provided 

proper voting assistance at the IVA 

office, including the opportunity to 

update their voter registration 

information through the submission of a 

revised SF 76, ‘‘Federal Post Card 

Application (FPCA)’’ or National Mail 

Voter Registration Form. 

(C) Ensure that voting assistance is 

provided to all personnel, military and 

civilian, reporting for duty on the 

installation, detaching from duty, 

deploying, and returning from 

deployment of 6 months or longer. 

(1) SF 76s shall be used to notify local 

election officials of the change of 

mailing address for absentee ballot 

delivery purposes. 

(2) Uniformed services members who 

are being released from active duty shall 

be advised to notify their local election 

office that they are no longer covered 

under 42 U.S.C. 1973ff and shall be 

provided the opportunity to submit a 

National Mail Voter Registration Form. 

(D) Ensure that all small and 

geographically separated units are 

provided voting assistance. 

(E) Provide written information on 

voter registration and absentee ballot 

procedures. This can be met by 

providing the applicant with the SF 76, 

SF 186, (if applicable), or the National 

Mail Voter Registration Form, the 

attached instructions for those forms, 

and the State-specific instructions from 

the Voting Assistance Guide (available 

at http://www.fvap.gov) for absent 

uniformed services voters, voting-age 

dependent voters, and overseas 

civilians. Citizens may also be provided 

with all of the necessary resources 

including, but not limited to, access to 

a computer system connected to the 

Internet, a printer, and a scanner to use 

the FPCA wizard available at the FVAP 

Web site, www.fvap.gov. 

(1) SF 76 and SF 186 (if applicable) 

shall be provided to absent uniformed 

services personnel and their family 

members (within and outside of the 

United States) and to Federal civilian 

employees and other U.S. citizens who 

have access to an IVA office outside the 

United States. 

(2) The National Mail Voter 

Registration Form shall be provided to 

Federal civilian employees and other 

U.S. citizens who have access to the IVA 

office within the United States, and to 

uniformed services voters who currently 

reside in their voting districts. 

(F) Provide direct assistance to 

individuals in completing the forms 

necessary to register to vote, update 

their voter registration information, and 

request absentee ballots. 

(G) Collect from the voter and 

transmit the completed SF 76 or 

National Mail Voter Registration Form 

for the applicant, within 5 calendar 

days, to the appropriate local election 

office. 

(H) Maintain voting program metrics 

as coordinated with and prescribed by 

the Director, FVAP and furnish a report, 

via their SVAO, to the Director, FVAP 

each calendar quarter or as requested. 

(6) Designate VAOs, in writing, at 

every level of command; assign one 

VAO on each installation and in each 

major command to coordinate the 

programs conducted by subordinate 

units and tenant commands. 

(i) For continuity, individuals 

assigned as IVAOs should serve for 18 

months beginning in October of the year 

immediately prior to a regularly 

scheduled general election for Federal 

offices and concluding in March of the 

year immediately following a regularly 

scheduled general election for Federal 

offices. 

(ii) Ensure that VAOs are available 

and equipped to assist voters for all 

elections. VAOs shall be provided the 

time and resources needed to perform 

their voting assistance duties. 

(iii) When uniformed services 

personnel (including noncommissioned 

officers) are designated as VAOs this 

part authorizes them to administer oaths 

in connection with voter registration 

and voting. 

(7) Designate IVAOs, preferably 

civilians (GS–12 or higher) with access 

to the installation commander. If a 

uniformed services member is assigned 

as the IVAO, that officer should hold the 

pay grade of O–4 or higher; however, it 

is preferable to assign an enthusiastic 

volunteer who is outside this rank and 

grade guidance rather than assign a less 

enthusiastic member who meets the 

criterion. 

(i) The IVAO shall complete FVAP 

training before assuming the duties of 

the IVAO. 

(ii) The IVAO shall work closely with 

the IVA office to coordinate the unitlevel voting assistance programs 

implemented on that installation. 

(iii) Each IVAO shall notify 

installation personnel of the last date 

before a general election for Federal 

offices by which absentee ballots must 

be mailed to reasonably be delivered in 

time to State and local election officials 

and of general mail delivery deadlines 

recommended by the Military Postal 

Service Agency. 

(8) Designate and assign, in writing, a 

UVAO, at the O–2/E–7 level or above, 

within each unit of 25 or more 

permanently assigned members. It is 

preferable to assign an enthusiastic 

volunteer who is outside this rank and 

grade guidance rather than assign a less 

enthusiastic member who meets the 

criterion. 

(i) A UVAO shall complete FVAP 

training prior to assuming the duties of 

the UVAO as specified in this rule. Unit 

commanders shall, to the extent 

practicable, provide funding to enable 

their UVAOs to attend in-person 

training. 

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Federal Register / Vol. 77, No. 181 / Tuesday, September 18, 2012 / Rules and Regulations 57491 

(ii) An additional UVAO should be 

assigned for each additional 50 

members above the 25-member base. 

(iii) UVAOs shall ensure that all small 

and geographically separated units are 

assisted. 

(iv) UVAOs may advise and assist the 

IVA office in fulfilling the voter 

assistance functions for deploying 

personnel, personnel returning from 

deployment, and personnel recording a 

change of address. However, the 

individual in charge of the IVA office is 

responsible to require that UVAOs have 

fully complied with the voter assistance 

responsibilities as described in 42 

U.S.C. 1973ff. 

(9) Require that uniformed services 

members and their voting-age 

dependents have ready access to 

absentee voter registration, ballot 

request and absentee ballot submission 

information, deadlines, and 

recommended mailing dates to meet 

those deadlines. This information must 

be available online and in written 

format for those citizens who do not 

have access to online documents. 

(10) Expeditiously obtain and 

disseminate to eligible voters, voting 

information and related materials, such 

as the Voting Assistance Guide, SF 76, 

and SF 186. 

(11) Provide sufficient registration 

and ballot request materials to support 

all elections. 

(12) Establish within each military 

installation and major command a VAO 

network and communications capability 

to quickly disseminate voting 

information throughout the installation 

or major command. Establish a DoD 

Component-wide means to 

communicate effectively with and 

expeditiously disseminate voting 

information to Commanders, VAOs, and 

uniformed services and overseas DoD 

civilian members of the DoD 

Component and their voting age 

dependents. This communication effort 

should be coordinated with the FVAP. 

(13) Develop a DoD Component-wide 

communications plan to provide 

information on the absentee voting 

process (including State registration and 

absentee ballot deadlines and the 

effective deadlines for mailing from 

overseas and remote locations to meet 

those State deadlines), encourage voting 

participation, schedule voting 

communications from Component 

leaders, and program the distribution of 

voting materials. 

(14) Develop a distribution system to 

deliver SF 76s directly to all eligible 

voters either through in-hand delivery 

or through electronic means. 

(15) The delivery of SF 76s shall be 

accomplished: 

(i) By January 15 of each calendar year 

to eligible voters and, to the extent 

practicable, their voting-age dependents. 

(ii) By July 15 of even-numbered years 

to eligible voters and, to the extent 

practicable, voting-age dependents. 

(iii) Before graduation and 

detachment from recruit training. These 

SF 76s shall be used to notify local 

election officials of the change of 

mailing address for absentee ballot 

delivery purposes. 

(16) Require the Inspectors General of 

the Military Departments to review their 

voting assistance program annually, and 

at every level of command, to ensure 

compliance with 10 U.S.C. 1566a, 42 

U.S.C. 1973gg–5, 42 U.S.C. 1973ff— 

1973ff–6, 18 U.S.C. 592, 18 U.S.C. 609, 

DoD 8910.1–M (available at http:// 

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

891001m.pdf), and DoD 4525.6–M. A 

copy of this report shall be submitted to 

the IG DoD along with supporting 

statistical information to the Director, 

FVAP, by January 31 of the following 

year pursuant to 10 U.S.C. 

(17) Continually evaluate command 

voting assistance programs. Program 

metrics shall be reported to the Director, 

FVAP, as prescribed by paragraph n. in 

Enclosure 3. 

(18) Establish and maintain a direct 

link from the DoD Component’s Web 

site to the Web site designated by the 

Director, FVAP. 

(19) Develop comprehensive 

command-wide voting awareness, 

assistance programs, and activities in 

accordance with the requirement of 

paragraph (15)(i) of this section to 

annually deliver SF76s by January 15. 

‘‘Armed Forces Voters Week’’ will be 

advertised to encourage voter 

registration drives. 

(20) Establish and maintain a standard 

email address of the form 

Vote@(unit).(Service).mil, 

Vote.(unit)@(Service).mil or similar 

format to contact all UVAOs within that 

Service. 

(21) Annually train all uniformed 

service members (including activated 

National Guard and Reserve personnel) 

on absentee registration and voting 

procedures. 

(i) All basic training and command 

courses shall emphasize and advertise 

voting assistance programs to encourage 

service members to register and 

subsequently vote by offering 

instruction on voting rights and 

responsibilities and procedures on 

absentee registration and voting. 

(ii) Provide training and voting 

assistance for units preparing for 

deployment where voting materials and 

accessibility to register may be limited 

due to at-sea or remote area deployment. 

(iii) Retain records of training 

conducted, including dates and 

attendees, at the unit level for at least 1 

calendar year. 

(22) Require that all major command, 

installation, and UVAOs attend an 

FVAP voting assistance workshop 

during even-numbered years with 

elections for Federal offices. If the 

installation is not scheduled to receive 

FVAP workshop training, installation 

and UVAOs should attend training at a 

nearby installation. VAOs at remote 

locations can access the FVAP Web site 

for training. Documentation of VAO 

training at the installation or base level 

shall be stored within local personnel 

records. 

(23) To the greatest extent practicable, 

ensure voters who are eligible to cast 

absentee ballots on DoD facilities are 

able to do so in a private and 

independent manner. 

(24) Protect the privacy of the 

contents of absentee ballots while under 

DoD control. Voters who vote locally at 

polling sites should be provided time to 

vote during working hours. 

(25) File an annual after-action report 

to the Director, FVAP, in the format and 

manner specified by the Director, FVAP. 

(26) Assist the FVAP in conducting 

official surveys in the manner specified 

by the Director, FVAP. 

(27) Refrain from contacting State and 

local government officials about voting 

policy matters. The Director, Defense 

State Liaison Office, in consultation 

with the Director, FVAP, shall be the 

DoD representative for coordination 

with Federal, State, and local 

government entities for legislative and 

other policy matters involving voting 

assistance and elections pursuant to 42 

U.S.C. 1973ff et seq. 

(i) IVAOs, major command voting 

assistance officers, and SVAOs are 

encouraged to discuss voting policy 

concerns with FVAP, and may work 

with FVAP on such issues at the 

Director, FVAP’s request. 

(ii) IVAOs, major command voting 

assistance officers, and SVAOs may 

contact local election officials to help 

resolve any specific problem involving 

voter registration or absentee voting on 

behalf of the voter, or to engage 

appropriate local election official 

assistance for a voter registration drive 

or similar event on an installation. 

(28) Consolidate and provide 

quarterly statistical information and 

records on voter registration assistance 

provided by the UVAOs and the IVA 

offices in a format prescribed by the 

Director, FVAP. 

(29) Ensure all personnel assigned to 

transition assistance program offices are 

informed of the policies in this part and 

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57492 Federal Register / Vol. 77, No. 181 / Tuesday, September 18, 2012 / Rules and Regulations 

are trained to provide materials 

educating transitioning personnel on 

their civilian voting rights and 

responsibilities. Transition assistance 

program offices shall work with the 

Director, FVAP, to provide pre-printed 

notices that transitioning personnel may 

use to inform their election offices that 

they no longer will vote absentee in 

accordance with the provisions of 42 

U.S.C. 1973ff. 

(30) Ensure all personnel assigned to 

recruitment offices are informed of the 

policies in this part and are trained to 

provide voter registration assistance. 

Ensure the recruitment offices of the 

Military Services: 

(i) Provide each prospective enlistee 

with the National Mail Voter 

Registration Form, available at http:// 

www.eac.gov/voter/Register_to_Vote, 

and DD Form 2645, Voter Registration 

Information Form, available at http:// 

www.dtic.mil/whs/directives/infomgt/ 

forms/forminfo/forminfopage2084.html, 

unless the applicant, in writing, 

declines to register to vote. 

(ii) Distribute the National Mail Voter 

Registration Form to each eligible 

citizen and provide assistance in 

completing the form unless the 

applicant refuses such assistance. 

(iii) Provide each eligible citizen or 

prospective enlistee who does not 

decline to register to vote the same 

degree of assistance for the completion 

of the National Mail Voter Registration 

Form as is provided by the office for the 

completion of its own forms, e.g., the 

application for enlistment, unless the 

person refuses such assistance. 

(iv) Transmit all completed 

registration applications within 5 

calendar days to the appropriate State 

election officials. 

(v) Maintain statistical information 

and records on voter registration 

assistance provided by recruitment 

offices in the format prescribed by the 

Director, FVAP, for a period of two 

years, in accordance with 42 U.S.C. 

1973gg(6)(i). 

(31) Ensure that inspections of 

recruitment offices of the Military 

Services by the Service Inspectors 

General are in compliance with this 

part. 

(32) As discussed in DoD 4525.6–M, 

the Director, Military Postal Service 

Agency shall: 

(i) Implement measures in 

consultation with the FVAP, to the 

maximum extent practicable, to ensure 

that a postmark or other proof of mailing 

date is provided on each absentee ballot 

collected at any overseas location or 

vessel at sea and that voting materials 

are moved expeditiously, to the 

maximum extent practicable, by 

military postal authorities. 

(ii) Develop an outreach plan to 

inform overseas uniformed services 

voters regarding the ballot collection 

and delivery service to be implemented 

prior to each general election for Federal 

office. 

(iii) Establish alternative deadlines for 

collecting and forwarding absentee 

ballots from overseas locations as 

required by 42 U.S.C. 1973ff. 

(33) Revise all voting assistance 

program instructions and procedures to 

incorporate the provisions of this part. 

(c) Executive Department and Agency 

Procedures. (1) Federal Executive 

departments and agencies, including, 

but not limited to, the Department of 

State, the Department of Commerce, and 

the Department of Health and Human 

Services, are encouraged to adopt 

regulations and procedures that conform 

to this part to the maximum extent 

practicable, consistent with their 

organizational missions. By doing so, 

the FVAP will be able to assist the 

Executive departments, agencies, and 

their voting constituencies to the 

maximum extent. 

(2) The head of each Government 

department, agency, or other entity shall 

distribute balloting materials and 

develop a non-partisan program of 

information and education for all 

employees and family members 

pursuant to 42 U.S.C. 1973ff(c). 

(i) The department or agency is 

responsible for providing voter 

assistance with assistance available 

from the FVAP. 

(ii) Each department or agency with 

employees or family members covered 

by 42 U.S.C. 1973ff shall designate an 

individual to coordinate and administer 

a voting assistance program for the 

department or agency to include, where 

practicable, the responsibilities in this 

part. The name, address, and telephone 

number of this individual shall be 

provided to the Director, FVAP. 

(iii) The Secretary of State shall 

designate a voting action officer at the 

Department of State headquarters to 

oversee the Department’s program as 

well as a U.S. citizen at each U.S. 

embassy or consulate to assist, to the 

fullest extent practicable, other U.S. 

citizens residing outside of the United 

States who are eligible to vote. The 

Secretary of State shall provide 

annually, or as requested by the 

Director, FVAP, estimates of the 

numbers of U.S. citizens currently 

residing in each country with an 

established embassy. 

(iv) Each embassy and consulate 

should have sufficient quantities of 

materials to include SF 76s, and SF 

186s, needed by U.S. citizens to register 

and vote. Embassies and consulates will 

also inform and educate U.S. citizens 

regarding their right to register and vote, 

and will publicize voter assistance 

programs. 

(v) The Department of State’s voting 

action officer shall coordinate with the 

Director, FVAP, in the development and 

conduct of voting events, programs to 

inform and educate U.S. citizens outside 

of the United States, and provision of 

voting information and resources for 

assistance. 

(vi) Department of State and the 

Military Service voting action officers 

shall assist, as requested, embassy and 

consulate VAOs with post-election 

surveys of civilians outside of the 

United States. 

Dated: September 12, 2012. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. 2012–22950 Filed 9–17–12; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2012–0115] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Grosse Tete Bayou, Iberville Parish, LA 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is removing 

the existing drawbridge operation 

regulation for the Union Pacific railroad 

swing bridge over Grosse Tete Bayou, 

mile 14.7, Iberville Parish, Louisiana. 

This bridge has been modified from a 

swing bridge to a fixed bridge and the 

current special operating regulation is 

no longer applicable or necessary. 

DATES: This rule is effective September 

18, 2012. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket, are part of docket USCG–2012– 

0115 and are available by going to 

http://www.regulations.gov, inserting 

USCG–2012–0115 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ This 

material is also available for inspection 

or copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590, 

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