43700 Federal Register / Vol. 79, No. 144 / Monday, July 28, 2014 / Proposed Rules 

Department participated in their 

development. 

List of Subjects in 26 CFR Part 51 

Drugs, Reporting and recordkeeping 

requirements. 

Proposed Amendments to the 

Regulations 

Accordingly, 26 CFR part 51 is 

proposed to be amended as follows: 

PART 51—BRANDED PRESCRIPTION 

DRUGS 

■ Paragraph 1. The authority citation 

for part 51 continues to read in part as 

follows: 

Authority: Authority: 26 U.S.C. 7805; sec. 

9008, Public Law 111–347 (124 Stat. 119). 

* * * * * 

■ Par. 2. Section 51.2 is amended by 

revising paragraph (e)(3) to read as 

follows: 

§ 51.2 Explanation of terms. 

* * * * * 

(e) * * * 

(3) [The text of proposed § 51.2(e)(3) 

is the same as the text of § 51.2T(e)(3) 

published elsewhere in this issue of the 

Federal Register.] 

■ Par. 3. Section 51.11 is amended by 

revising paragraph (c) to read as follows: 

§ 51.11 Effective/applicability date. 

* * * * * 

(c) [The text of proposed § 51.11(c) is 

the same as the text of § 51.11T(c) 

published elsewhere in this issue of the 

Federal Register.] 

John Dalrymple, 

Deputy Commissioner for Services and 

Enforcement. 

[FR Doc. 2014–17698 Filed 7–24–14; 4:15 pm] 

BILLING CODE 4830–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 104 

[Docket ID: DoD–2013–OS–0091] 

RIN 0790–AJ00 

Civilian Employment and 

Reemployment Rights for Service 

Members, Former Service Members 

and Applicants of the Uniformed 

Services 

AGENCY: Under Secretary of Defense for 

Personnel and Readiness, Department of 

Defense (DoD). 

ACTION: Proposed rule. 

SUMMARY: This rule updates established 

policy, assigned responsibilities, and 

procedures for informing Service 

members and individuals who apply for 

uniformed service of their civilian 

employment and reemployment rights, 

benefits, and obligations. The purpose 

of this regulatory action is to support 

the non-career uniformed service by 

taking appropriate actions to inform and 

assist uniformed Service members and 

former Service members and 

individuals who apply for uniformed 

service of their rights, benefits, and 

obligations under Uniformed Services 

Employment and Reemployment Rights 

Act (USERRA). 

DATES: Comments must be received by 

September 26, 2014. 

ADDRESSES: You may submit comments, 

identified by docket number and/or 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, 

East Tower, Suite 02G09, Alexandria 

VA 22350–3100. 

Instructions: All submissions received 

must include the agency name and 

docket number or Regulatory 

Information Number (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: 

Curtis Bell, 571–372–0695. 

SUPPLEMENTARY INFORMATION: This 

proposed rule is part of DoD’s 

retrospective plan, completed in August 

2011, under Executive Order 13563, 

‘‘Improving Regulation and Regulatory 

Review.’’ DoD’s full plan and updates 

can be accessed at: http://

www.regulations.gov/#!docket

Detail;dct=FR+PR+N+O+SR;rpp=10;po=

0;D=DOD-2011-OS-0036. 

I. Executive Summary 

a. Purpose 

The purpose of this regulatory action 

is to support the non-career uniformed 

service by taking appropriate actions to 

inform and assist uniformed Service 

members, former Service members, and 

individuals who apply for uniformed 

service of their rights, benefits, and 

obligations under USERRA. 

b. Legal Authority 

38 U.S.C. chapter 43. 

The purposes of this chapter are: 

(1) To encourage non-career service in 

the uniformed services by eliminating or 

minimizing the disadvantages to 

civilian careers and employment which 

can result from such service; 

(2) to minimize the disruption to the 

lives of persons performing service in 

the uniformed services as well as to 

their employers, their fellow employees, 

and their communities, by providing for 

the prompt reemployment of such 

persons upon their completion of such 

service; and 

(3) to prohibit discrimination against 

persons because of their service in the 

uniformed services. 

II. Summary of the Major Provisions 

This regulatory action: 

a. Establishes procedures to maintain 

oversight of an effective program to 

ensure that uniformed Service members, 

former Service members, and 

individuals who apply for uniformed 

service are aware of their rights, 

benefits, and obligations under 

USERRA. 

b. Describes policies that serve to 

promote and inform uniformed Service 

members, former Service members, and 

individuals of their rights who apply for 

unformed service of their rights under 

USERRA. 

III. Costs and Benefits 

Based on the estimated costs of $3000 

per USERRA case that DOL spends to 

formally investigate a claim, DoD ESGR 

saves the Federal government over $8 

million dollars annually. ESGR operates 

and maintains a Customer Service 

Center (CSC) that acts as the initial entry 

point for USERRA complaints, 

inquiries, and information requests. The 

CSC provides prompt, expert telephonic 

and email responses to Service members 

and employers on all USERRA related 

matters. During Fiscal Year 2012 (FY 

(12)), ESGR received 21,521 contacts by 

telephone and email. Of those contacts, 

2,793 resulted in actual USERRA cases 

for mediation purposes. There is no cost 

to the general public, including the 

Service member. The approximate cost 

of $3000 is the estimated cost for the 

DOL to investigate formal complaints if 

ESGR’s mediation program was not in 

place. The benefits of using ESGR 

services are Service members receive a 

timely response without additional cost. 

IV. Background 

This rule is designed to provide 

information about the USERRA to 

Service members, former service 

members, individuals who apply, and 

their employers through an informal 

mediation program run by the Employer 


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Support of the Guard and Reserve 

(ESGR). ESGR is a DoD operational 

agency whose mission is to gain and 

maintain employer support for Guard 

and Reserve service by advocating 

relevant initiatives, recognizing 

outstanding support, increasing 

awareness of the law, and resolving 

conflict between employers and Service 

members. As such, ESGR is the 

principal agency within DoD dedicated 

to providing its customers and 

stakeholders with an awareness about 

USERRA. 

ESGR has provided outreach and 

USERRA assistance to Reserve 

Component (RC) Service members and 

their employers since its inception in 

1972. Hundreds of thousands of RC 

Service members and employers have 

benefited from ESGR services. 

Considering the National Guard and 

Reserve forces make up nearly 50 

percent of our military strength and 

ongoing global operations coupled with 

humanitarian response, civilian 

employers’ support is critical to our 

National Defense now more than ever. 

The Ombudsman Services Program 

provides education, information, and 

neutral third-party mediation services in 

order to resolve employee/employer 

USERRA conflicts. ESGR is not an 

enforcement agency, and does not 

participate in formal litigation 

processes. 

ESGR signed an updated 

Memorandum of Understanding (MOU) 

in 2010 with the Department of Labor 

that continued organizational 

cooperation and improved services 

provided to all customers regarding 

USERRA compliance. More than 650 

volunteer ombudsmen help to resolve 

USERRA compliance issues throughout 

the Nation. 

More than 4,900 volunteers support 

ESGR’s mission and serve on ESGR 

State Committees maintaining employer 

support programs, providing 

informative briefings and mediation, 

and recognizing employers who go 

above and beyond in their dedication to 

employees who pledge to be both a 

citizen and protector of our Nation. 

Since ESGR’s creation four decades ago, 

thousands of employers have been 

honored for their commitment to stand 

beside those who serve. As the use of 

our military evolves, many Guard and 

Reserve members will return from 

present-day conflicts, changing out of 

their boots and reintegrating into life at 

home. ESGR is committed to continue 

assisting the returning Service members 

by ensuring America’s heroes have 

meaningful civilian employment when 

they come home. The benefit is that 

ESGR relieves DOL of the extra cases 

that may be filed by providing 

information which the inquirer can 

decide whether to pursue further action 

with the DOL. 

Regulatory Procedures 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ and Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review’’ 

DoD consulted with the Office of 

Management and Budget (OMB) and 

determined this NPRM meets the 

criteria for a significant regulatory 

action under Executive Order 12866, as 

supplemented by Executive Order 

13563, and was subject to OMB review. 

Sec. 202, Pub. L. 104–4, ‘‘Unfunded 

Mandates Reform Act’’ 

Section 202 of the Unfunded 

Mandates Reform Act of 1995 (UMRA) 

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

anticipated costs and benefits before 

issuing any rule whose mandates 

require spending in any 1 year of $100 

million in 1995 dollars, updated 

annually for inflation. In 2014, that 

threshold is approximately $141 

million. This document will not 

mandate any requirements for State, 

local, or tribal governments, nor will it 

affect private sector costs. 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C. 601) 

We certify this proposed rule will not 

have a significant economic impact on 

a substantial number of small entities. 

Therefore, the Regulatory Flexibility 

Act, as amended, does not require us to 

prepare a regulatory flexibility analysis. 

Public Law 96–511, ‘‘Paperwork 

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

This proposed rule does not create 

any new, or affect any existing 

collections, and therefore, does not 

require OMB approval under the 

Paperwork Reduction Act of 1995. 

Executive Order 13132, ‘‘Federalism’’ 

Executive Order 13132 establishes 

certain requirements that an agency 

must meet when it promulgates a 

proposed rule (and subsequent final 

rule) that imposes substantial direct 

requirement costs on State and local 

governments, preempts State law, or 

otherwise has Federalism implications. 

This document will not have a 

substantial effect on State and local 

governments. 

List of Subjects in 32 CFR Part 104 

Government employees, Military 

personnel. 

Accordingly 32 CFR part 104 is 

proposed to be revised to read as 

follows: 

PART 104—CIVILIAN EMPLOYMENT 

AND REEMPLOYMENT RIGHTS FOR 

SERVICE MEMBERS, FORMER 

SERVICE MEMBERS AND 

APPLICANTS OF THE UNIFORMED 

SERVICES 

Sec. 

104.1 Purpose. 

104.2 Applicability. 

104.3 Definitions. 

104.4 Policy. 

104.5 Responsibilities. 

104.6 Procedures. 

Authority: 38 U.S.C. chapter 43. 

§ 104.1 Purpose. 

This part updates established policy, 

assigned responsibilities, and 

procedures for informing Service 

members and individuals who apply for 

uniformed service of their civilian 

employment and reemployment rights, 

benefits, and obligations pursuant to 38 

U.S.C. chapter 43 (referred to in this 

part as the Uniformed Services 

Employment and Reemployment Rights 

Act (USERRA) of 1994). 

§ 104.2 Applicability. 

This part applies to: 

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, 

the Defense Agencies, the DoD Field 

Activities, and all other organizational 

entities within the DoD (referred to 

collectively in this part as the ‘‘DoD 

Components’’). 

§ 104.3 Definitions. 

Unless otherwise noted, these terms 

and their definitions are for the 

purposes of this part. 

Critical mission. An operational 

mission that requires the skills or 

resources available in a Reserve 

Component or components. 

Critical requirement. A requirement 

in which the incumbent possesses 

unique knowledge, extensive 

experience, and specialty skill training 

to successfully fulfill the duties or 

responsibilities in support of the 

mission and operation or exercise. Also, 

a requirement in which the incumbent 

must gain the necessary experience to 

qualify for key senior leadership 


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positions within his or her Reserve 

Component. 

Impossible or unreasonable. For the 

purpose of determining when providing 

advance notice of uniformed service to 

an employer is impossible or 

unreasonable, orders by competent 

military authority to report for 

uniformed service within 48 hours of 

notification, and reasons of military 

necessity are sufficient justification for 

not providing advance notice of pending 

uniformed service to an employer, as 

well as the unavailability of an 

employer or employer representative to 

whom notification can be given. 

Military necessity. For the purpose of 

determining when providing advance 

notice of uniformed service is not 

required, a mission, operation, exercise, 

or requirement that is classified, or a 

pending or ongoing mission, operation, 

exercise, or requirement that may be 

compromised or otherwise adversely 

affected by public knowledge is 

sufficient justification for not providing 

advance notice to an employer. 

Non-career service. The period of 

active uniformed service required to 

complete the initial uniformed service 

obligation; a period of active duty or 

full-time National Guard duty that is for 

a specified purpose and duration with 

no expressed or implied commitment 

for continued active duty; or 

participation in a Reserve Component as 

a member of the Ready Reserve 

performing annual training, active duty 

for training, or inactive duty training. 

Continuous or repeated active 

uniformed service or full-time National 

Guard duty that results in eligibility for 

a regular retirement from the Armed 

Forces is not considered non-career 

service. 

Officer. For determining those Service 

officials authorized to provide advance 

notice to a civilian employer of pending 

uniformed service by a Service member 

or an individual who has applied for 

uniformed service, an officer will 

include all commissioned officers, 

warrant officers, and non-commissioned 

officers authorized by the Secretary 

concerned to act in this capacity. 

Uniformed services. The Armed 

Forces, the Army National Guard and 

the Air National Guard when engaged in 

active duty for training, inactive duty 

training, or full-time national Guard 

duty, and any other category of persons 

designated by the President in time of 

war or national emergency. (See 38 

U.S.C. chapter 43.) 

§ 104.4 Policy. 

It is DoD policy to support non-career 

uniformed service by taking appropriate 

actions to inform and assist uniformed 

Service members and former Service 

members and individuals who apply for 

uniformed service of their rights, 

benefits, and obligations in accordance 

with 38 U.S.C. chapter 43. 

§ 104.5 Responsibilities. 

(a) The Under Secretary of Defense for 

Personnel and Readiness (USD(P&R)): 

(1) In addition to the responsibilities 

in paragraph (d) of this section, the 

USD(P&R) has overall responsibility for 

DoD policy pertaining to civilian 

employment and reemployment rights, 

benefits, and obligations. 

(2) Develops and oversees the 

implementation of DoD policy 

pertaining to civilian employment and 

reemployment rights, benefits, and 

obligations. 

(b) Under the authority, direction, and 

control of USD(P&R), the Assistant 

Secretary of Defense for Reserve Affairs 

(ASD(RA)), with input from the 

Department of Labor’s Veterans 

Employment and Training Service 

(DOL–VETS) and the Office of 

Personnel Management (OPM), advises 

the USD(P&R) on policies and 

procedures to promote and inform noncareer uniformed Service members and 

employers on civilian employment and 

reemployment rights, benefits and 

obligations in accordance with 

USERRA. 

(c) Under the authority, direction, and 

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

Department of Defense Human 

Resources Activity (DoDHRA), oversees 

the Employer Support of the Guard and 

Reserve (ESGR). 

(d) The OSD and DoD Component 

heads develop and implement 

procedures within their respective 

Components that are appropriate and in 

accordance with public law and DoD 

policy pertaining to civilian 

employment and reemployment rights, 

benefits, and obligations. 

§ 104.6 Procedures. 

(a) Service member information and 

assistance. (1) The Heads of the DoD 

Components and the Commandant of 

the Coast Guard will: 

(i) Inform the personnel in paragraph 

(a)(1)(i)(A) and (B) of this section of 

their general employment and 

reemployment rights, benefits, and 

obligations as described in USERRA. 

(A) Civilian employees who apply for 

uniformed service. 

(B) Civilian employees who are 

current members of the uniformed 

services who perform or participate on 

a voluntary or involuntary basis in 

active duty, inactive duty, or full-time 

National Guard duty. 

(ii) Provide subject-matter experts to 

serve as points of contact (POCs) to 

assist applicants for and members of the 

uniformed service in matters related to 

employment and reemployment rights, 

benefits, and obligations. 

(iii) Provide initial and annual 

refresher training for all Human 

Resources officials, supervisors, 

employees, and uniformed Service 

members. 

(2) The Secretaries of the Military 

Departments and the Commandant of 

the Coast Guard will: 

(i) Provide an annual review of 

USERRA information to employees of 

the uniformed services. 

(ii) Upon completion of a period of 

active duty extending beyond 30 days, 

and before separation from active duty, 

advise Active and Reserve Component 

Service members covered by USERRA of 

their employment and reemployment 

rights, benefits, and obligations as 

provided under USERRA. 

(iii) Advise members of the uniformed 

services that as employees they must 

fulfill certain obligations in order to 

achieve eligibility for reemployment 

rights as specified in USERRA. At a 

minimum, advice given will include the 

following USERRA notification and 

reporting requirements for returning to 

civilian employment: 

(A) Advance notification of military 

service. To be eligible for reemployment 

rights as specified in USERRA, 

employees must provide advance notice 

of absence due to uniformed service to 

their civilian employers except when 

giving such notice is prevented by 

military necessity, or otherwise 

impossible or unreasonable under all 

the circumstances. 

(1) DoD recommends persons 

applying for and/or performing 

uniformed service to provide advance 

notice in writing to their civilian 

employers of pending absence. 

(2) Although oral notice is allowed 

pursuant to USERRA, written notice of 

pending uniformed service provides 

documentary evidence that this basic 

prerequisite to retaining reemployment 

rights was fulfilled by the Service 

member and serves to avoid 

unnecessary disputes. 

(3) Regardless of the means of 

providing advance notice, whether oral 

or written, it should be provided as 

early as possible. The DoD recommends 

that advance notice to civilian 

employers be provided at least 30 days 

prior to departure for uniformed service 

when feasible, based upon the time the 

Service member receives confirmation 

of upcoming uniformed service duty. 

Other acceptable methods of providing 

notice include: 

(i) Giving notice on behalf of the 

employee by an appropriate officer in 


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the uniformed Service member’s chain 

of command. Written notice is 

preferred. 

(ii) Providing the employer a copy of 

the unit’s annual training schedule for 

the duty served on those dates, or by 

providing the employer in advance with 

a signed standardized letter with blanks 

in which the Service member has filled 

in the appropriate military duty dates. 

(iii) Providing advance notification 

letters. Sample letters are provided by 

the ESGR, DoD’s primary office for all 

matters concerning employer support of 

the National Guard and Reserve. ESGR 

information is provided in § 104.6(c) of 

this part. 

(B) Reemployment reporting 

requirements. As described in USERRA, 

when notifying employers of their intent 

to return to work after completing 

uniformed service, employees must 

meet specific time-lines. Depending on 

the length of service, these time-lines 

span from less than 24 hours up to 90 

days after completing uniformed 

service. 

(1) Sample return notification letters 

are provided by ESGR. 

(2) When absence from civilian 

employment due to uniformed service 

exceeds 30 days, the Service member is 

required to provide documentation of 

service performed if requested by the 

employer. 

(i) As a matter of policy the Military 

Departments will require Service 

members to provide verification of 

absence due to uniformed service to 

civilian employers regardless of the 

duration of service-related absence. 

Failure of an employee to comply with 

this policy requirement, which exceeds 

the requirement of USERRA, is not 

intended to, and should not, affect the 

legal responsibilities of the employer 

under USERRA including prompt 

reemployment to the Service member 

employee. 

(ii) Types of documentation satisfying 

this requirement are detailed in 20 CFR 

part 1002. 

(C) Five-Year Service Limit. USERRA 

imposes a 5-year cumulative limit on 

absences from each place of civilian 

employment, due to uniformed service. 

(D) Character of service. Service 

members must not have been separated 

from service under a disqualifying 

discharge. 

(iv) Determine and certify in writing 

periods of service exempt from 

USERRA’s 5-year cumulative limit. 

Established exempt periods must be 

reviewed and recertified via policy 

memorandum, at a minimum, every 2 

years. Failure to comply with this 

administrative requirement does not 

affect the continued validity of exempt 

periods certified in a writing that is 

more than 2 years old. 

(A) Determine and certify in writing 

those additional training requirements 

not already exempt from USERRA 5- 

year cumulative service limit, that are 

necessary for the professional 

development or skill training or 

retraining for members of the National 

Guard or Reserve. When the Secretary 

concerned certifies those training 

requirements, performance of uniformed 

service to complete a certified training 

requirement is exempt from USERRA 5- 

year cumulative service limit. 

(B) Determine and certify in writing 

those periods of active duty when a 

Service member is ordered to, or 

retained on, active duty (other than for 

training) under any provision of law 

because of a war or national emergency 

officially declared by the President or 

Congress. Such orders with the purpose 

of direct or indirect support of the war 

or national emergency will be annotated 

accordingly since these periods of 

service are exempt from USERRA 5-year 

cumulative service limit. 

(C) Determine, and certify in writing, 

those periods of active duty performed 

by a member of the National Guard or 

Reserve that are designated by the 

Secretary concerned as a critical 

mission or critical requirement, and for 

that reason are exempt from USERRA 5- 

year cumulative service limit. 

(1) The authority for determining 

what constitutes a critical mission or 

requirement will not be delegated below 

the Assistant Secretary level. The 

designation of a critical requirement to 

gain the necessary experience to qualify 

for specific key senior leadership 

positions will be used judiciously, and 

the necessary experience and projected 

key leadership positions fully 

documented in the determination and 

certification. 

(2) This authority must not be used to 

grant exemptions to avoid USERRA 5- 

year cumulative service limit or to 

extend individuals in repeated statutory 

tours. 

(v) Issue orders that span the entire 

period of service when ordering a 

member of the National Guard or 

Reserve to active duty for a mission or 

requirement, and reflect USERRA 5-year 

cumulative exemption status as 

appropriate. 

(A) Order modifications will be 

initiated, as required, to ensure 

continuous active duty should the 

period required to complete the mission 

or requirement change. Order 

modifications will be completed, as 

required, to reflect qualifying 5-year 

exemption, as applicable; or an official 

Statement of Service must be generated, 

indicating original qualifying orders as 

exempt under proper authority, and 

retained in the Service member’s 

personnel file. 

(B) Orders must indicate exemption 

under USERRA from the 5-year 

cumulative service limit on uniformed 

service absence from employment, 

when applicable. Specify the statutory 

or Secretarial authority for those orders 

when such authority meets one or more 

of the exemptions from USERRA 5-year 

cumulative service limit. Orders 

qualifying for exemption should include 

a status reflecting the exemption status 

and authority. 

(vi) Document the length of a Service 

member’s initial period of military 

service obligation performed on active 

duty. 

(vii) Document those circumstances 

that prevent a Service member from 

providing advance notification of 

uniformed service to a civilian employer 

because of military necessity or when 

advance notification is otherwise 

impossible or unreasonable. 

(viii) Designate those officers who are 

authorized by the Secretary concerned 

to provide advance notification of 

service to a civilian employer on behalf 

of a Service member or applicant for 

uniformed service. 

(ix) Provide documentation, upon 

request from a Service member or 

former Service member that may be 

used to satisfy the Service member’s 

entitlement to statutory reemployment 

rights and benefits. Appropriate 

documentation may include, as 

necessary: 

(A) The inclusive dates of the initial 

period of military service obligation 

performed on active duty. 

(B) Any period of service during 

which a Service member was required 

to serve because he or she was unable 

to obtain a release from active duty 

through no fault of the Service member. 

(C) The cumulative length of all 

periods of active duty performed. 

(D) The authority under which a 

Service member was ordered to active 

duty when such service was exempt 

from USERRA 5-year cumulative service 

limit. 

(E) The date the Service member was 

last released from active duty, active 

duty for special work, initial active duty 

for training, active duty for training, 

inactive duty training, annual training, 

or full-time National Guard duty. This 

documentation establishes the 

timeliness of reporting to, or submitting 

application to return to, a position of 

civilian employment. 

(F) A statement indicating service 

requirements prevented providing a 

civilian employer with advance 


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notification of pending service, when 

applicable. 

(G) Proof that the Service member’s 

entitlement to reemployment benefits 

has not been terminated because of the 

character of service as provided in 

section 4304 of USERRA. 

(H) A statement that sufficient 

documentation verifying a particular 

period of service, does not exist, when 

appropriate. 

(x) Establish a central point of contact 

(POC) at each Reserve Component 

headquarters or Reserve regional 

command and each National Guard 

State headquarters who can render 

assistance to: 

(A) Members of the National Guard or 

Reserve about employment and 

reemployment rights, benefits, and 

obligations. 

(B) Employers of National Guard and 

Reserve members about duty or training 

requirements arising from a member’s 

uniformed service or service obligation. 

(xi) Inform Reserve Component 

Service members of services provided 

by ESGR. ESGR’s subject-matter expert 

POCs can render assistance with issues 

regarding employment and 

reemployment rights, benefits, and 

obligations under USERRA. More 

information about ESGR is contained in 

paragraph (c) of this section. 

(b) Employer information and 

assistance. The Military Departments 

will: 

(1) Provide verification of absence due 

to uniformed service to civilian 

employers upon request regardless of 

the duration of service-related absence. 

(2) Provide verification of discharge 

status upon employer request. 

(3) Designate Reserve Component 

representatives who must consider, and 

accommodate, requests from civilian 

employers of National Guard and 

Reserve members by adjusting Service 

member absences from civilian 

employment due to uniformed service, 

when such service has an adverse 

impact on the employer and does not 

conflict with military requirements. The 

designated representatives may make 

arrangements other than adjusting the 

period of absence to accommodate such 

requests when it serves the best interest 

of the military and is reasonable to do 

so. 

(c) Agencies providing USERRA 

assistance—(1) ESGR. ESGR is a 

component of the DoDHRA, a DoD Field 

Activity under the authority, direction, 

and control of the USD(P&R). 

(i) ESGR is the primary DoD office for 

all matters concerning employer support 

of the National Guard and Reserve, and 

serves as the lead proponent for 

USERRA matters within DoD. 

(ii) ESGR informs Service members 

and their civilian employers regarding 

their rights and responsibilities 

governed by USERRA. 

(iii) ESGR does not have enforcement 

authority for USERRA, but serves as a 

free resource for Service members and 

employers. 

(iv) ESGR’s trained ombudsmen 

provide neutral, informal alternative 

dispute mediation services between 

Service members and employers for 

issues relating to compliance with 

USERRA. Headquarters ESGR 

Ombudsman Services representatives 

can be contacted by calling 1–800–336– 

4590. 

(v) ESGR’s Web site (available at 

http://www.esgr.mil) provides local and 

State contact information. Additionally, 

the Web site provides links to multiple 

resources for both Service members and 

employers. 

(2) DOL–VETS. (i) A person may file 

a complaint with the DOL–VETS or 

initiate private legal action, if alleging 

that an employer, including any Federal 

Executive Agency or the OPM, has 

failed or refused, or is about to fail or 

refuse, to comply with employment or 

reemployment rights and benefits under 

USERRA. 

(ii) Using ESGR’s mediation services 

is not a prerequisite for filing a 

complaint with DOL–VETS. The 

complaint may be filed in writing, or 

electronically. Instructions and the 

forms can be accessed at the DOL–VETS 

Web site (available at http://

www.dol.gov/elaws/vets/userra/

1010.asp). 

(iii) The DOL–VETS investigates each 

complaint and, if it is determined that 

the allegation(s) occurred, makes 

reasonable efforts to ensure compliance. 

If these efforts are unsuccessful, DOL– 

VETS then will notify the complainant 

of the results and advise the 

complainant of his or her entitlement to 

pursue enforcement by requesting the 

complaint be referred to the Department 

of Justice (DOJ), if the complaint 

involves a state or private employer, or 

to the Office of Special Counsel (OSC), 

for complaints involving Federal 

Executive Agencies. 

(3) DOJ. (i) DOJ is the agency under 

the Attorney General that enforces 

USERRA matters involving State and 

local government employers and 

private-sector employers. DOJ receives 

USERRA cases referred by DOL–VETS. 

(ii) DOJ reviews USERRA cases to 

determine if representation is 

appropriate. In cases found to have 

merit, the Attorney General will 

commence court action on behalf of the 

Service member, to be prosecuted by 

DOJ attorneys. 

(4) OSC. (i) OSC is an independent, 

Federal, investigative and prosecutorial 

agency. OSC’s enforcement 

responsibilities apply in Federal sector 

USERRA cases. OSC receives USERRA 

Federal cases referred by DOL–VETS. 

(ii) If, after reviewing the complaint 

and investigative file, OSC is reasonably 

satisfied that the claimant is entitled to 

relief under USERRA, OSC may act as 

attorney for the claimant and initiate an 

action before the Merit Systems 

Protection Board (MSPB), also an 

independent, Federal agency, serving as 

the guardian of Federal merit systems. If 

OSC declines representation, the 

claimant may still file an appeal with 

the MSPB. 

Dated: July 22, 2014. 

Aaron Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2014–17635 Filed 7–25–14; 8:45 am] 

BILLING CODE 5001–06–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R05–OAR–2013–0791; FRL–9914–23– 

Region–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Ohio; 

Redesignation of the Bellefontaine 

Area to Attainment of the 2008 Lead 

Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: On October 29, 2013, the 

Ohio Environmental Protection Agency 

(OEPA) submitted a request for the 

Environmental Protection Agency (EPA) 

to redesignate the Bellefontaine 

nonattainment area to attainment for the 

2008 national ambient air quality 

standards (NAAQS) for lead. EPA is 

proposing to determine that the 

Bellefontaine area meets the 

requirements for redesignation and is 

also proposing to approve several 

additional related actions. EPA is 

proposing to approve, as revisions to the 

Ohio state implementation plan, the 

state’s plan for maintaining the 2008 

lead NAAQS through 2025 for the area. 

EPA is proposing to approve the 2010 

emissions inventory for the 

Bellefontaine area, which meet the 

comprehensive emissions inventory 

requirement of the Act. EPA is 

proposing to approve these actions in 

accordance with the Clean Air Act and 

EPA’s implementation regulations 

regarding the 2008 lead NAAQS. 


pmangrum on DSK3VPTVN1PROD with PROPOSALS