60728 Federal Register / Vol. 70, No. 201 / Wednesday, October 19, 2005 / Rules and Regulations 

in an appropriate United States district court 

if the subject desires to do so. 

Upon expiration of the above mentioned 

time period and in the absence of any filing 

or challenge by the subject, you will be 

furnished a certification certifying in writing 

that the applicable provisions of the Act have 

been complied with prior to obtaining the 

requested records. Upon your receipt of a 

Certificate of Compliance with the Right to 

Financial Privacy Act of 1978, you will be 

relieved of any possible liability to the 

subject in connection with the disclosure of 

the requested financial records. 

(Official Signature Block) lllllllll

Appendix E to Part 504—Customer Notice of 

Formal Written Request—Sample Format 

(Official Letterhead) 

(Date) llllllllllllllllll

Mr./Ms. lllllllllllllllll

1500 N. Main Street, Washington, DC 20314. 

Dear Mr./Ms. __: Information or records 

concerning your transactions held by the 

financial institution named in the attached 

request are being sought by the (agency/ 

department) in accordance with the Right to 

Financial Privacy Act of 1978, section 3401 

et seq., Title 12, United States Code, and 

Army Regulation 190–6, for the following 

purpose(s): 

lllllllllllllllllllll

(List the purpose(s)) 

If you desire that such records or 

information not be made available, you must 

do the following: 

a. Fill out the accompanying motion paper 

and sworn statement or write one of your 

own—

(1) Stating that you are the customer whose 

records are being requested by the 

Government. 

(2) Giving the reasons you believe that the 

records are not relevant or any other legal 

basis for objecting to the release of the 

records. 

b. File the motion and statement by 

mailing or delivering them to the clerk of any 

one of the following United States District 

Courts: 

lllllllllllllllllllll

(List applicable courts) 

c. Mail or deliver a copy of your motion 

and statement to the requesting authority: 

(give title and address). 

d. Be prepared to come to court and 

present your position in further detail. 

You do not need to have a lawyer, although 

you may wish to employ one to represent you 

and protect your rights. 

If you do not follow the above procedures, 

upon the expiration of (10 days from the date 

of personal service) (14 days from the date of 

mailing) of this notice, the records or 

information requested therein may be made 

available. 

These records may be transferred to other 

Government authorities for legitimate law 

enforcement inquiries, in which event you 

will be notified after the transfer if such 

transfer is made. 

3 Enclosures (see para ll) 

(Signature) lllllllllllllll

[FR Doc. 05–20904 Filed 10–18–05; 8:45 am] 

BILLING CODE 3710–08–P 

DEPARTMENT OF DEFENSE 

Department of the Army 

32 CFR Part 631 

RIN 0702–AA50 

Armed Forces Disciplinary Control 

Boards and Off-Installation Liaison and 

Operations 

AGENCY: Department of the Army, DoD. 

ACTION: Final rule. 

SUMMARY: The Department of the Army 

is publishing a revision to our rule 

concerning armed forces disciplinary 

control boards and off-installation 

liaison and operations. The regulation 

prescribes uniform policies and 

procedures for the establishment, and 

operation of Armed Forces Disciplinary 

Control Boards, and off-installation 

liaison and operations. 

DATES: Effective Date: November 18, 

2005. 

ADDRESSES: Headquarters, Department 

of the Army, Office of the Provost 

Marshal General, ATTN: DAPM–MPD–

LE, 2800 Army Pentagon, Washington, 

DC 20310–2800. 

FOR FURTHER INFORMATION CONTACT: 

James Crumley, (703) 692–6721. 

SUPPLEMENTARY INFORMATION: 

A. Background 

This part has previously been 

published. The Administrative 

Procedure Act, as amended by the 

Freedom of Information Act requires 

that certain policies and procedures and 

other information concerning the 

Department of the Army be published in 

the Federal Register. The policies and 

procedures covered by this part fall into 

that category. The Department of the 

Army did not receive any responses 

from potential commentors. 

B. Regulatory Flexibility Act 

The Department of the Army has 

determined that the Regulatory 

Flexibility Act does not apply because 

the final rule does not have a significant 

economic impact on a substantial 

number of small entities within the 

meaning of the Regulatory Flexibility 

Act, 5 U.S.C. 601–612. 

C. Unfunded Mandates Reform Act 

The Department of the Army has 

determined that the Unfunded 

Mandates Reform Act does not apply 

because the final rule does not include 

a mandate that may result in estimated 

costs to State, local or tribal 

governments in the aggregate, or the 

private sector, of $100 million or more. 

D. National Environmental Policy Act 

The Department of the Army has 

determined that the National 

Environmental Policy Act does not 

apply because the final rule does not 

have an adverse impact on the 

environment. 

E. Paperwork Reduction Act 

The Department of the Army has 

determined that the Paperwork 

Reduction Act does not apply because 

the final rule does not involve collection 

of information from the public. 

F. Executive Order 12630 (Government 

Actions and Interference With 

Constitutionally Protected Property 

Rights) 

The Department of the Army has 

determined that Executive Order 12630 

does not apply because the final rule 

does not impair private property rights. 

G. Executive Order 12866 (Regulatory 

Planning and Review) 

The Department of the Army has 

determined that according to the criteria 

defined in Executive Order 12866 this 

final rule is not a significant regulatory 

action. As such, this rule is not subject 

to Office of Management and Budget 

review under section 6(a)(3) of the 

Executive Order. 

H. Executive Order 13045 (Protection of 

Children From Environmental Health 

Risk and Safety Risks) 

The Department of the Army has 

determined that according to the criteria 

defined in Executive Order 13045 this 

final rule does not apply. 

I. Executive Order 13132 (Federalism) 

The Department of the Army has 

determined that according to the criteria 

defined in Executive Order 13132 this 

final rule does not apply because it will 

not have a substantial effect on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. 

Jeffery B. Porter, 

Chief, Law Enforcement Policy and Oversight 

Section. 

List of Subjects in 32 CFR Part 631 

Alcohol, Business, Discrimination, 

Health, Investigations, Law 

enforcement, Military personnel, 

Federal Register / Vol. 70, No. 201 / Wednesday, October 19, 2005 / Rules and Regulations 60729 

Privacy, Safety, Uniform Code of 

Military Justice. 

■ For reasons stated in the preamble the 

Department of the Army revises part 631 

to Subchapter I of Title 32 to read as 

follows: 

PART 631—ARMED FORCES 

DISCIPLINARY CONTROL BOARDS 

AND OFF-INSTALLATION LIAISON 

AND OPERATIONS 

Subpart A—General 

Sec. 

631.1 Purpose. 

631.2 Applicability. 

631.3 Supervision. 

631.4 Exceptions. 

Subpart B—Armed Forces Disciplinary 

Control Boards 

631.5 General. 

631.6 Responsibilities. 

631.7 Composition of boards. 

631.8 Participation by civil agencies. 

631.9 Duties and functions of boards. 

631.10 Administration. 

631.11 Off-limits establishments and areas. 

Subpart C—Off-Installation Operations 

(Military Patrols and Investigative Activities) 

and Policy 

631.12 Objectives. 

631.13 Applicability. 

631.14 Army policy. 

631.15 Air Force policy. 

631.16 Navy policy. 

631.17 Marine Corps policy. 

631.18 Operations. 

Appendix A to Part 631—Armed Forces 

Disciplinary Control Board Procedures 

Guide 

Authority: 10 U.S.C. 3012(b)(1)(g). 

Subpart A—General 

§ 631.1 Purpose. 

This part prescribes uniform policies 

and procedures for the establishment, 

and operation of the following: 

(a) Armed Forces Disciplinary Control 

Boards (AFDCB). 

(b) Off-installation liaison and 

operations. 

§ 631.2 Applicability. 

This part applies to the following: 

(a) Active U.S. Armed Forces 

personnel of the Army, Air Force, Navy, 

and Marine Corps, and the Coast Guard 

wherever they are stationed. 

(b) U.S. Armed Forces Reserve 

personnel only when they are 

performing Federal duties or engaging 

in activities directly related to 

performing a Federal duty or function. 

(c) National Guard personnel only 

when called or ordered to active duty in 

a Federal status within the meaning of 

Title 10, United States Code. 

§ 631.3 Supervision. 

The following will develop and have 

staff supervision over AFDCB and offinstallation enforcement policies. 

(a) The Office of the Provost Marshal 

General (OPMG), Headquarters, 

Department of the Army (HQDA). This 

official serves as the proponent for this 

part, and has primary responsibility for 

its content. 

(b) U.S. Air Force Director of Security 

Forces and Force Protection, 

Department of the Air Force. 

(c) Director, Naval Criminal 

Investigative Service. 

(d) Commandant of the Marine Corps. 

(e) Commandant of the Coast Guard. 

(f) Installation commanders are 

authorized to convene joint service 

boards within their Army Regulation 

(AR) 5–9 area of responsibility. 

§ 631.4 Exceptions. 

Requests for exceptions to policies 

contained in this part will be forwarded 

to HQDA (DAPM–MPD–LE), 

Washington, DC 20310–2800. 

Subpart B—Armed Forces Disciplinary 

Control Boards 

§ 631.5 General. 

AFDCBs may be established by 

installation, base, or station 

commanders to advise and make 

recommendations to commanders on 

matters concerning eliminating 

conditions, which adversely affect the 

health, safety, welfare, morale, and 

discipline of the Armed Forces. 

(a) For the Army, routine off-limits 

actions must be processed by an AFDCB 

following the procedures in § 631.11. 

(b) Coast Guard commanders must 

have written authorization from the 

Commandant (G–WP) prior to 

establishing an AFDCB. 

§ 631.6 Responsibilities. 

(a) Regional Directors of the Army 

Installation Management Agency, Air 

Force commanders, Navy regional 

commanders, Marine Corps 

commanders, and Coast Guard 

commanders will—

(1) Determine level and degree of 

participation by subordinate 

commanders in joint Service boards, 

when appropriate. 

(2) Resolve differences among 

subordinate commanders regarding 

board areas of responsibility, and the 

designation of sponsoring commanders. 

(3) Evaluate board recommendations, 

and actions from subordinate 

sponsoring commanders. 

(4) Forward recommendations to 

HQDA, OPMG (DAPM–MPD–LE), 

WASH DC 20310–2800, regarding 

circumstances that require Service 

headquarters action or programs having 

widespread applicability. 

(5) Ensure that subordinate 

commanders assess the availability of 

drug abuse paraphernalia in the vicinity 

of Department of Defense (DOD) 

installations through their AFDCBs, 

according to DOD Directive 1010.4. 

Coast Guard commanders should refer 

to COMDTINST M1000.6 series, chapter 

20, for guidance on Coast Guard 

substance abuse policies. 

(b) Military installation commanders 

for off-installation enforcement actions 

will—

(1) Conduct off-installation operations 

as authorized by law and Service policy. 

(2) Coordinate off-installation 

operations with other Service 

commanders, as applicable, for 

uniformity of effort, and economy of 

resources. 

(3) Assist Federal, State, and local law 

enforcement agencies within the limits 

imposed by law and DOD policy. 

(c) Sponsoring commanders will 

provide administrative support for 

AFDCB programs to include the 

following—

(1) Promulgating implementing 

directives, and convening the board. 

(2) Providing a recorder for the board. 

(3) Providing copies of the minutes of 

board meetings to other Service 

commanders who are represented on the 

board, and to other AFDCBs as 

appropriate. 

(4) Approving or disapproving the 

minutes, and recommendations of the 

board, and making appropriate 

distribution, as required. 

(5) Publishing lists of ‘‘off-limits’’

establishments and areas. 

(6) Ensuring that responsible 

individuals are notified of any 

unfavorable actions being contemplated 

or taken regarding their establishments 

per Annex A of appendix A of this part. 

(7) Distributing pertinent information 

to the following—

(i) All units within their jurisdictional 

area. 

(ii) Units stationed in other areas 

whose personnel frequent their area of 

jurisdiction. 

(8) Ensuring that procedures are 

established to inform all Service 

personnel, including those who may be 

visiting or are in a travel status, of offlimits restrictions in effect within the 

respective AFDCB’s jurisdictional area. 

§ 631.7 Composition of boards. 

(a) Boards should be structured 

according to the needs of the command, 

with consideration given to including 

representatives from the following 

functional areas—

60730 Federal Register / Vol. 70, No. 201 / Wednesday, October 19, 2005 / Rules and Regulations 

(1) Law enforcement. 

(2) Legal counsel. 

(3) Health. 

(4) Environmental protection. 

(5) Public affairs. 

(6) Equal opportunity. 

(7) Fire and safety. 

(8) Chaplains’ service. 

(9) Alcohol and drug abuse. 

(10) Personnel and community 

activities. 

(11) Consumer affairs. 

(b) Sponsoring commanders will 

designate a board president, and 

determine by position which board 

members will be voting members. Such 

designations will be included in a 

written agreement establishing the 

board. 

§ 631.8 Participation by civil agencies. 

(a) Civil agencies or individuals may 

be invited to board meetings as 

observers, witnesses or to provide 

assistance where they possess 

knowledge or information pertaining to 

problem areas within the board’s 

jurisdiction. 

(b) Announcements and summaries of 

board results may be provided to 

appropriate civil agencies. 

§ 631.9 Duties and functions of boards. 

The AFDCBs will—

(a) Meet as prescribed by appendix A 

of this part. 

(b) Receive reports, and take 

appropriate action on conditions in 

their area of responsibility relating to 

any of the following—

(1) Disorders and lack of discipline. 

(2) Prostitution. 

(3) Sexually transmitted disease. 

(4) Liquor violations. 

(5) Racial and other discriminatory 

practices. 

(6) Alcohol and drug abuse. 

(7) Drug abuse paraphernalia. 

(8) Criminal or illegal activities 

involving cults or hate groups. 

(9) Illicit gambling. 

(10) Areas susceptible to terrorist 

activity. 

(11) Unfair commercial or consumer 

practices. 

(12) Other undesirable conditions 

deemed unsafe which may adversely 

affect the health and well being of 

military personnel or their families. 

(c) Report to all major commanders in 

the board’s area of responsibility—

(1) Conditions cited in paragraph (b) 

of this section. 

(2) Recommended action as approved 

by the board’s sponsoring commander. 

(d) Coordinate with appropriate civil 

authorities on problems or adverse 

conditions existing in the board’s area of 

jurisdiction. 

(e) Make recommendations to 

commanders in the board’s area of 

jurisdiction concerning off-installation 

procedures to prevent or control 

undesirable conditions. 

§ 631.10 Administration. 

(a) Commanders are authorized to 

acquire, report, process, and store 

information concerning persons and 

organizations, whether or not affiliated 

with DOD, according to the applicable 

Service parts of the sponsoring 

commander, which—

(1) Adversely affect the health, safety, 

morale, welfare, or discipline of service 

members regardless of status. 

(2) Describes crime conducive 

conditions where there is a direct 

Service interest. 

(b) Boards will function under the 

supervision of a president (§ 631.7(b)). 

(c) Certain expenses incurred by 

Service members in the course of an 

official board investigation or inspection 

may be reimbursable per appropriate 

Service finance parts or instructions. 

Requests for reimbursement will be 

submitted through the sponsoring 

commander. 

(d) Records of board proceedings will 

be maintained as prescribed by records 

management policies, and procedures of 

the sponsoring commander’s Service. 

§ 631.11 Off-limits establishments and 

areas. 

(a) The establishment of off-limits 

areas is a function of Command. It may 

be used by commanders to help 

maintain good order and discipline, 

health, morale, safety, and welfare of 

service members. Off-limits action is 

also intended to prevent service 

members from being exposed to or 

victimized by crime-conducive 

conditions. Where sufficient cause 

exists, commanders retain substantial 

discretion to declare establishments or 

areas temporarily off-limits to personnel 

of their respective commands in 

emergency situations. Temporary offlimits restrictions issued by 

commanders in an emergency situation 

will be acted upon by the AFDCB as a 

first priority. As a matter of policy, a 

change in ownership, management, or 

name of any off-limits establishment 

does not, in and of itself, revoke the offlimits restriction. 

(b) Service members are prohibited 

from entering establishments or areas 

declared off-limits according to this 

part. Violations may subject the member 

to disciplinary action per applicable 

Service parts, and the Uniform Code of 

Military Justice (UCMJ). Family 

members of service members and others 

associated with the Service or 

installation should be made aware of 

off-limits restrictions. As a general 

policy, these establishments will not be 

visited by Service law enforcement 

personnel unless specifically 

determined by the installation 

commander that visits or surveillance 

are warranted. 

(c) Prior to initiating AFDCB action, 

installation commanders will attempt to 

correct adverse conditions or situations 

through the assistance of civic leaders or 

officials. 

(d) Prior to recommending an offlimits restriction, the AFDCB will send 

a written notice (certified mail-return 

receipt requested) to the individual or 

firm responsible for the alleged 

condition or situation. The AFDCB will 

specify in the notice a reasonable time 

for the condition or situation to be 

corrected, along with the opportunity to 

present any relevant information to the 

board. If subsequent investigation 

reveals that the responsible person has 

failed to take corrective action, the 

board will recommend the imposition of 

the off-limits restriction. 

(e) A specified time limit will not be 

established when an off-limits 

restriction is invoked. The adequacy of 

the corrective action taken by the 

responsible individual will be the 

determining factor in removing an offlimits restriction. 

(f) A person whose establishment or 

area has been declared off-limits may at 

any time petition the president of the 

board to remove the off-limits 

restriction. The petition will be in 

writing and will include a detailed 

report of action taken to eliminate the 

condition or situation that caused 

imposition of the restriction. The 

president of the AFDCB may direct an 

investigation to determine the status of 

corrective actions noted in the petition. 

The board will either recommend 

removal or continuation of the off-limits 

restriction to the local sponsoring 

commander based on the results of the 

investigation. 

(g) Off-limits procedures to be 

followed by the boards are in appendix 

A of this part. In the United States, offlimits signs will not be posted on 

civilian establishments by U.S. military 

authorities. 

(h) In areas Outside of the Continental 

United States (OCONUS), off-limits and 

other AFDCB procedures must be 

consistent with existing Status of Forces 

Agreements (SOFAs). 

Federal Register / Vol. 70, No. 201 / Wednesday, October 19, 2005 / Rules and Regulations 60731 

Subpart C—Off-Installation Operations 

(Military Patrols and Investigative 

Activities) and Policy 

§ 631.12 Objectives. 

The primary objectives of offinstallation operations are to—

(a) Render assistance and provide 

information to Service members. 

(b) Preserve the safety, and security of 

service members. 

(c) Preserve good order and discipline 

among Service members and reduce offinstallation incidents and offenses. 

(d) Maintain effective cooperation 

with civil authorities, and community 

leaders. 

§ 631.13 Applicability. 

This subpart is not applicable to the 

U.S. Coast Guard. 

§ 631.14 Army policy. 

(a) Soldiers, military and/or 

Department of the Army Civilian (DAC) 

police performing off-installation 

operations must be thoroughly familiar 

with applicable agreements, constraints 

of the Posse Comitatus Act (18 U.S.C. 

1385) in the Continental United States 

(CONUS) and United States-host nation 

agreements in areas OCONUS. 

(b) Military and/or DAC police 

assigned to off-installation operations 

have the sole purpose of enforcing parts, 

and orders pertaining to persons subject 

to their jurisdiction. 

(c) Military and/or DAC police 

accompanying civilian law enforcement 

officers remain directly responsible to, 

and under the command of, U.S. Army 

superiors. Military and DAC police may 

come to the aid of civilian law 

enforcement officers to prevent the 

commission of a felony or injury to a 

civilian law enforcement officer. 

(d) Regional Directors of the Army 

Installation Management Agency (IMA), 

Commander, Army Materiel Command 

(AMC), and Commander, Army Test and 

Evaluation Command (ATEC) may 

authorize subordinate commanders to 

establish off-installation operations 

within the limits imposed by higher 

authority, the Posse Comitatus Act (18 

U.S.C. 1385) in CONUS, and United 

States-host nation agreements in 

OCONUS areas—

(1) To assist Federal, State, and local 

law enforcement agencies. 

(2) In conjunction with military 

activities. 

(3) To safeguard the health and 

welfare of Soldiers. 

(4) When the type of offenses or the 

number of Soldiers frequenting an area 

is large enough to warrant such 

operations. 

(e) The constraints on the authority of 

Soldiers and/or DAC police to act offInstallation, (Posse Comitatus Act (18 

U.S.C. 1385) in CONUS and United 

States-host nation agreements in 

OCONUS areas) and the specific scope 

of off-installation operations will be 

clearly delineated in all authorizations 

for off-installation operations. Offinstallation operations will be 

coordinated with the local installation 

commander through the Staff Judge 

Advocate (SJA), or higher authority, and 

appropriate civilian law enforcement 

agencies. 

§ 631.15 Air Force policy. 

(a) Airmen, military and/or 

Department of the Air Force Civilian 

(DAFC) police performing offinstallation operations must be 

thoroughly familiar with applicable 

agreements, constraints of the Posse 

Comitatus Act (18 U.S.C. 1385) in 

CONUS and United States-host nation 

agreements in areas OCONUS. 

(b) Military and/or DAFC police 

assigned to off-installation operations 

have the sole purpose of enforcing parts, 

and orders pertaining to persons subject 

to their jurisdiction. 

(c) Military and/or DAFC police 

accompanying civilian law enforcement 

officers remain directly responsible to, 

and under the command of, U.S. Air 

Force superiors. Military and DAFC 

police may come to the aid of civilian 

law enforcement officers to prevent the 

commission of a felony or injury to a 

civilian law enforcement officer. 

(d) Air Force commanders may 

authorize subordinate commanders to 

establish off-installation operations 

within the limits imposed by higher 

authority, the Posse Comitatus Act (18 

U.S.C. 1385) in CONUS, and United 

States-host nation agreements in 

OCONUS areas—

(1) To assist Federal, State, and local 

law enforcement agencies. 

(2) In conjunction with military 

activities. 

(3) To safeguard the health and 

welfare of Airmen. 

(4) When the type of offenses or the 

number of Airmen frequenting an area 

is large enough to warrant such 

operations. 

(e) The constraints on the authority of 

Airmen and/or DAFC police to act offinstallation, (Posse Comitatus Act (18 

U.S.C. 1385) in CONUS and United 

States-host nation agreements in 

OCONUS areas) and the specific scope 

of off-installation operations will be 

clearly delineated in all authorizations 

for off-installation operations. Offinstallation operations will be 

coordinated with the local installation 

commander through the Staff Judge 

Advocate (SJA), or higher authority, and 

appropriate civilian law enforcement 

agencies. 

§ 631.16 Navy policy. 

The following policies apply to offinstallation operations—

(a) Article 1630–020, MILPERSMAN 

revised August 2002, and Navy Parts, 

Article 0922 concerning the 

establishment and operation of a shore 

patrol. 

(b) In accordance with SECNAV 

1620.7A, Navy Absentee Collection 

Units collect, and process apprehended 

absentees and deserters, escort 

apprehended absentees, and deserters to 

their parent commands or to designated 

processing activities, escort prisoners 

between confinement facilities, and 

provide liaison with civilian law 

enforcement authorities. 

(c) Navy personnel will be thoroughly 

familiar with all applicable agreements 

and Implementing standard operating 

procedures, to include the constraints of 

the Posse Comitatus Act (18 U.S.C. 

1385), in CONUS and United States-host 

nation agreements in OCONUS areas, as 

applicable. 

(d) Within CONUS. (1) Installation 

Commanders may request authority 

from their Regional Commander, to 

establish off-installation operations—

(i) To assist Federal, State, and local 

law enforcement agencies within the 

limits imposed by higher authority and 

the Posse Comitatus Act (18 U.S.C. 

1385). 

(ii) In conjunction with military 

operations. 

(iii) To safeguard the health, and 

welfare of Naval personnel. 

(iv) When the type of offenses or the 

number of service members frequenting 

an area is large enough to warrant such 

operation. 

(2) Constraints on the authority of 

military personnel to act off-installation 

(Posse Comitatus Act (18 U.S.C. 1385) 

and the specific scope of the authority 

will be clearly delineated in all 

authorizations for off-installation 

operations. 

(e) Within OCONUS, off-installation 

operations will be kept at the minimum 

needed for mission accomplishment. 

Installation commanders may authorize 

off-installation operations as required by 

local conditions and customs, as long as 

they are conducted in accordance with 

applicable treaties and SOFAs. 

(f) Off-installation operations will be 

coordinated with the local installation 

commander through the JAG or higher 

authority, and local law enforcement 

authorities. 

(g) Security personnel selected for offinstallation operations must—

(1) Have mature judgment and law 

enforcement experience. 

60732 Federal Register / Vol. 70, No. 201 / Wednesday, October 19, 2005 / Rules and Regulations 

(2) Be thoroughly familiar with all 

applicable agreements and 

implementing standard operating 

procedures, to include the constraints of 

the Posse Comitatus Act (18 U.S.C. 

1385), in CONUS and United States 

Host Nation agreements in OCONUS 

area, as applicable. 

(h) Security personnel accompanying 

civilian police during off-installation 

operations do so only to enforce parts 

and orders pertaining to persons subject 

to their jurisdiction. Security personnel 

assigned off-installation operations 

remain directly responsible to, and 

under the command of their Navy 

superiors when accompanying civilian 

police. Security personnel performing 

such duties may come to the aid of 

civilian police in order to prevent the 

commission of a felony or injury to a 

civilian police officer. 

(i) Civilian police and court liaison 

may be established with concurrence of 

the Naval Criminal Investigative Service 

and is encouraged particularly when the 

intent is to reduce mishaps. 

§ 631.17 Marine Corps policy. 

(a) Within CONUS. (1) Commanders 

may request authority from 

Headquarters, Marine Corps (Code 

POS), to establish off-installation 

operations—

(i) To assist Federal, State, and local 

law enforcement agencies within the 

limits imposed by higher authority and 

the Posse Comitatus Act (18 U.S.C. 

1385). 

(ii) In conjunction with military 

operations. 

(iii) To safeguard the health, and 

welfare of Marines. 

(iv) When the type of offenses or the 

number of service members frequenting 

an area is large enough to warrant such 

operations. 

(2) Constraints on the authority of 

military personnel to act off-installation 

(Posse Comitatus Act (18 U.S.C. 1385)) 

and the specific scope of the authority 

will be clearly delineated in all 

authorizations for off-installation 

operations. 

(b) Within OCONUS, off-installation 

operations will be kept at the minimum 

needed for mission accomplishment. 

Installation commanders may authorize 

off-installation operations as required by 

local conditions and customs, as long as 

they are conducted in accordance with 

applicable treaties and SOFAs. 

(c) Off-installation operations will be 

coordinated with the local installation 

commander through the SJA, or higher 

authority, and local law enforcement 

authorities. 

(d) Marines selected for offinstallation operations must—

(1) Have mature judgment and law 

enforcement experience. 

(2) Be thoroughly familiar with all 

applicable agreements and 

implementing standard operating 

procedures, to include the constraints of 

the Posse Comitatus Act (18 U.S.C. 

1385), in CONUS and United States-host 

nation agreements in OCONUS areas, as 

applicable. 

(e) Marines accompanying civilian 

police during off-installation operations 

do so only to enforce parts and orders 

pertaining to persons subject to their 

jurisdiction. Marines assigned offinstallation operations remain directly 

responsible to, and under the command 

of their Marine superiors when 

accompanying civilian police. Marines 

performing such duties may come to the 

aid of civilian police in order to prevent 

the commission of a felony or injury to 

a civilian police officer. 

(f) Procedures for absentee and 

deserter collection units to accept an 

active-duty absentee or deserter from 

civilian authorities may be established. 

(g) Civilian police and civil court 

liaison may be established. 

§ 631.18 Operations. 

When an incident of substantial 

interest to the Service, involving Service 

property or affiliated personnel, occurs 

off-installation, the Service law 

enforcement organization exercising 

area responsibility will—

(a) Obtain copies of civilian law 

enforcement reports for processing or 

forwarding according to applicable 

Service parts. 

(b) Return apprehended persons to 

representatives of their Service as soon 

as practicable. 

Appendix A to Part 631—Armed Forces 

Disciplinary Control Board Procedures 

Guide 

A–1. Purpose. This guide prescribes 

procedures for the establishment, operation, 

and coordination of AFDCBs. AFDCB 

proceedings are not adversarial in nature. 

A–2. Meetings. 

a. The board will meet quarterly. The 

commander establishing the AFDCB may 

specify whether the meetings will be open or 

closed. If not specified, the decision is at the 

discretion of the president of the board. 

Normally proceedings are closed, but may be 

opened to the public when circumstances 

warrant. 

b. Special meetings may be called by the 

president of the board. Except by unanimous 

consent of members present, final action will 

be taken only on the business for which the 

meeting was called. 

c. A majority of voting members constitutes 

a quorum for board proceedings. 

A–3. AFDCB composition. Voting members 

will be selected per section 631.7. 

A–4. Attendance of observers or witnesses. 

a. The board may invite individual persons 

or organization representatives as witnesses 

or observers if they are necessary or 

appropriate for the conduct of board 

proceedings. The below listed authorities 

may assist in addressing installation or 

command concerns or issues. 

(1) Federal, State, and local judicial, 

legislative, and law enforcement officials. 

(2) Housing part and enforcement 

authorities. 

(3) Health, and social service authorities. 

(4) Environmental protection authorities. 

(5) Alcoholic beverage control authorities. 

(6) Equal employment opportunity 

authorities. 

(7) Consumer affairs advocates. 

(8) Chamber of Commerce representatives. 

(9) Public works or utility authorities. 

(10) Local fire marshal, and public safety 

authorities. 

(11) State and local school board or 

education officials. 

(12) Any other representation deemed 

appropriate by the sponsoring command 

such as, news media, union representatives, 

and so forth. 

b. Invited witnesses and observers will be 

listed in the minutes of the meeting. 

A–5. Appropriate areas for board 

consideration. 

a. Boards will study and take appropriate 

action on all reports of conditions considered 

detrimental to the good order and discipline, 

health, morale, welfare, safety, and morals of 

Armed Forces personnel. These adverse 

conditions include, but are not limited to, 

those identified in § 631.9. 

b. The board will immediately forward to 

the local commander reported circumstances 

involving discrimination based on race, 

color, sex, religion, age, or national origin. 

A–6. Off-limit procedures. 

a. Off-limits restrictions should be invoked 

only when there is substantive information 

indicating that an establishment or area 

frequented by Armed Forces personnel 

presents conditions, which adversely affect 

their health, safety, welfare, morale, or 

morals. It is essential that boards do not act 

arbitrarily. Actions must not be of a punitive 

nature. Boards should work in close 

cooperation with local officials and 

proprietors of business establishments, and 

seek to accomplish their mission through 

mutually cooperative efforts. Boards should 

encourage personal visits by local military, 

and civilian enforcement or health officials to 

establishments considered below standard. 

AFDCBs should point out unhealthy 

conditions or undesirable practices to 

establishment owners or operators to produce 

the desired corrective action. 

b. In cases involving discrimination, the 

board should not rely solely on letters 

written by the Equal Opportunity Office, and 

Military Affairs Committee or investigations 

of alleged racial discrimination. 

c. If the board decides to attempt to 

investigate or inspect an establishment, the 

president or a designee will prepare, and 

submit a report of findings, and 

recommendations at the next meeting. This 

procedure will ensure complete, and 

documented information concerning 

questionable adverse conditions. 

Federal Register / Vol. 70, No. 201 / Wednesday, October 19, 2005 / Rules and Regulations 60733 

d. When the board concludes that 

conditions adverse to Armed Forces 

personnel do exist, the owner or manager 

will be sent a letter of notification (Annex A). 

This letter will advise him or her to raise 

standards by a specified date, and, if such 

conditions or practices continue, off-limits 

proceedings will be initiated. Any 

correspondence with the individuals 

responsible for adverse conditions, which 

may lead to off-limits action, will be by 

certified mail. 

e. If a proprietor takes remedial action to 

correct undesirable conditions previously 

noted the board should send a letter of 

appreciation (Annex B) recognizing this 

cooperation. 

f. If undesirable conditions are not 

corrected, the proprietor will be invited to 

appear before the AFDCB to explain why the 

establishment should not be placed off-limits 

(Annex C). Any proprietor may designate in 

writing a representative to appear before the 

board in his or her behalf. 

g. In cases where proprietors have been 

invited to appear before the board, the 

president of the board will perform the 

following—

(1) Prior to calling the proprietor—

(a) Review the findings and decision of the 

previous meeting. 

(b) Call for inspection reports. 

(c) Allow those present to ask questions, 

and discuss the case. 

(2) When the proprietor or his or her 

representative is called before the board—

(a) Present the proprietor with a brief 

summary of the complaint concerning the 

establishment. 

(b) Afford the proprietor an opportunity to 

present matters in defense. 

(c) Invite those present to question the 

proprietor. After the questioning period, 

provide the proprietor an opportunity to 

make a final statement before being 

dismissed. 

(3) Deliberations on recommended actions 

will be in closed session, attended only by 

board members. 

h. The board should recommend an offlimits restriction only after the following: 

(1) The letter of notification (Annex A) has 

been sent. 

(2) An opportunity for the proprietor to 

appear before the board has been extended. 

(3) Further investigation indicates that 

improvements have not been made. 

i. The minutes will indicate the AFDCB’s 

action in each case. When a recommendation 

is made to place an establishment off-limits, 

the minutes will show the procedural steps 

followed in reaching the decision. 

j. Recommendations of the AFDCB will be 

submitted to the sponsoring commander for 

consideration. The recommendations will 

then be forwarded to other installation 

commanders who are represented on the 

board (Annex D). If no objection to the 

recommendations is received within 10 days, 

the sponsoring commander will approve or 

disapprove the recommendations and 

forward the decision to the AFDCB president. 

k. Upon approval of the AFDCB’s 

recommendations, the president will write 

the proprietor that the off-limits restriction 

has been imposed (Annex E). 

l. A time limit should not be specified 

when an off-limits restriction is revoked. The 

adequacy of the corrective action taken by 

the proprietor of the establishment must be 

the determining factor in removing the offlimits restriction. 

m. Military authorities may not post offlimits signs or notices on private property. 

n. In emergencies, commanders may 

temporarily declare establishments or areas 

off-limits to service members subject to their 

jurisdiction. The circumstances for the action 

will be reported as soon as possible to the 

commander sponsoring the board. Detailed 

justification for this emergency action will be 

provided to the board for its deliberations. 

o. Appropriate installation commanders 

will publish a list of off-limits establishments 

and areas using command and media 

channels. 

A–7. Removal of off-limits restrictions. 

a. Removal of an off-limits restriction 

requires AFDCB action. Proprietors of 

establishments declared off-limits should be 

advised that they may appeal to the 

appropriate AFDCB at any time. In their 

appeal they should submit the reason why 

the restriction should be removed. A letter of 

notification for continuance of the off-limits 

restriction should be sent to the proprietor if 

the AFDCB does not remove the off-limits 

restriction (Annex F). The proprietor may 

appeal to the next higher commander if not 

satisfied with continuance after exhausting 

all appeals at the local sponsoring 

commander level. Boards should make at 

least quarterly inspections of off-limits 

establishments. A statement that an 

inspection has been completed should be 

included in AFDCB minutes. 

b. When the board learns that the 

proprietor has taken adequate corrective 

measures, the AFDCB will take the following 

actions: 

(1) Discuss the matter at the next meeting 

and make an appropriate recommendation. 

(2) Forward a recommendation for removal 

of the off-limits restriction to the sponsoring 

commander. If approved, a letter removing 

the restriction (Annexes G & H) will be sent 

to the proprietor. 

(3) The minutes will reflect action taken. 

A–8. Duties of the AFDCB president. 

The president of the AFDCB will—

a. Schedule and preside at all AFDCB 

meetings. 

b. Provide an agenda to each voting 

member at least 72 hours prior to the 

meeting. 

c. Ensure records, minutes, and 

correspondence are prepared, distributed, 

and maintained per § 631.10(d). 

A–9. Commanders. 

The installation commander, and 

commanders within an AFDCB’s area of 

responsibility must be thoroughly acquainted 

with the mission and services provided by 

AFDCBs. AFDCB members should keep their 

respective commanders informed of 

command responsibilities pertaining to 

AFDCB functions and actions. 

A–10. Public affairs. 

a. Due to the sensitive nature of the subject 

matter, there will not be a media release in 

connection with AFDCB meetings. However, 

any AFDCB proceeding, which is open to the 

public, will also be open to representatives 

of the news media. Representatives of the 

news media will be considered observers, 

and will not participate in matters 

considered by the AFDCB. Members of the 

news media may be invited to participate in 

an advisory status in coordination with the 

public affairs office. 

b. News media interviews and releases will 

be handled through the public affairs office 

according to applicable Service parts. 

A–11. Minutes. 

a. Minutes will be prepared in accordance 

with administrative formats for minutes of 

meetings prescribed by the Service of the 

sponsoring commander (Annex I). The 

written minutes of AFDCB meetings will 

constitute the official record of the AFDCB 

proceedings. Verbatim transcripts of board 

meetings are not required. The reasons for 

approving or removing an off-limits 

restriction, to include a complete address of 

the establishment or area involved, should be 

indicated in the order of business. In 

addition, the AFDCB’s action will be shown 

in the order or sequence of actions taken. A 

change in the name of an establishment or 

areas in an off-limits restriction will also be 

included. 

b. Distribution of the minutes of AFDCB 

meetings will be limited to the following—

(1) Each voting member, sponsoring 

command, and commands and installations 

represented by the board. 

(2) Each civilian and military advisory 

member, if deemed appropriate. 

(3) Civilian and Government agencies 

within the State in which member 

installations are located having an interest in 

the functions of the board, if appropriate. 

c. AFDCB minutes are subject to release 

and disclosure in accordance with applicable 

Service parts and directives. 

d. Minutes and recommendations of the 

board will be forwarded to the sponsoring 

commander for approval. 

Annex A—Letter of Notification 

(Letterhead) 

(Appropriate AFDCB) 

Proprietor 

Dear Sir: 

This letter is to inform you that it has come 

to the attention of the Armed Forces 

Disciplinary Control Board (AFDCB) that 

certain conditions reported at your 

establishment may adversely affect the 

(health, safety, or welfare) of members of the 

Armed Forces. 

The AFDCB is initiating action to 

determine whether your establishment (area) 

should be placed off-limits to members of the 

Armed Forces if (cite conditions) are not 

corrected by (date). 

A representative of the AFDCB will visit 

your establishment to determine if steps have 

been taken to correct the conditions outlined 

above. 

Sincerely, 

John J. Smith, 

Colonel, U.S. Army, President, Armed Forces 

Disciplinary Control Board. 

(Note: Use certified mail, return receipt 

requested if mailed.) 

60734 Federal Register / Vol. 70, No. 201 / Wednesday, October 19, 2005 / Rules and Regulations 

Annex B—Letter of Appreciation 

(Letterhead) 

(Appropriate AFDCB) 

Proprietor 

Dear Sir: 

This is in reference to my letter of (date) 

concerning the condition(s) reported at your 

establishment which adversely affected the 

health and welfare of members of the Armed 

Forces. 

The Board appreciates your action(s) to 

correct the condition(s) previously noted and 

does not contemplate further action with 

respect to this specific matter. 

Your continued cooperation is solicited. 

Sincerely, 

John J. Smith, 

Colonel, U.S. Army, President, Armed Forces 

Disciplinary Control Board. 

Annex C—Letter of Invitation 

(Letterhead) 

Proprietor 

Dear Sir: 

This is in reference to my letter of (date) 

concerning the condition reported at your 

establishment which adversely affects the 

(health, safety, or welfare) of members of the 

Armed Forces. Information has been received 

by the board which indicates you have not 

taken adequate corrective action to eliminate 

the reported condition. 

Reports presented to the Armed Forces 

Disciplinary Control Board (AFDCB) indicate 

(list and describe conditions). 

You are advised that the AFDCB will 

initiate action to determine whether your 

establishment should be declared off-limits 

to members of the Armed Forces. 

You may appear in person, with or without 

counsel, before the AFDCB at its next 

scheduled meeting on (date, time, and place). 

At that time you will have the opportunity 

to refute the allegation(s), or to inform the 

board of any remedial action(s) you have 

taken or contemplate taking to correct the 

condition. It is requested that you inform the 

President, of the AFDCB if you plan to 

attend. 

Any questions regarding this matter may be 

addressed to the President, Armed Forces 

Disciplinary Control Board, (address). Every 

effort will be made to clarify the matter for 

you. 

Sincerely, 

John J. Smith, 

Colonel, U.S. Army, President, Armed Forces 

Disciplinary Control Board. 

(Note: Send certified mail, return receipt 

requested if mailed.) 

Annex D—AFDCB Off-Limits Approval 

Letter 

(Letterhead) 

Office Symbol 

MEMORANDUM FOR (Commanders of 

Supported Installations) 

SUBJECT: Establishments or Areas 

Recommended for Off-Limits Designation 

1. On (date), the Armed Forces 

Disciplinary Control Board (AFDCB) 

recommended imposition of the following 

off-limits restrictions: (name and address of 

establishment) 

2. Commanders furnishing AFDCB 

representatives are requested to provide any 

comments within 10 days as to whether 

(name of establishment or area) should be 

placed off-limits. 

3. A copy of the AFDCB minutes and 

recommendation is enclosed. 

FOR THE (SPONSORING) COMMANDER: 

Encl 

Sincerely, 

John J. Smith, 

Colonel, U.S. Army, President, Armed Forces 

Disciplinary Control Board. 

Annex E—Letter of Declaration of Off-Limits 

Proprietor 

Dear Sir: 

This letter is to inform you that your 

establishment has been declared off-limits to 

members of the Armed Forces effective 

(date). Members of the Armed Forces are 

prohibited from entering your establishment 

(premises) as long as this order is in effect. 

This action is being taken because of (state 

the conditions) which are detrimental to the 

(health or welfare) of members of the Armed 

Forces. 

This restriction will remain in effect 

indefinitely in accordance with established 

Armed Forces policy. Removal of the 

restriction will be considered by the Armed 

Forces Disciplinary Control Board upon 

presentation of information that satisfactory 

corrective action has been taken. 

Correspondence appealing this action may 

be submitted to the President, Armed Forces 

Disciplinary Control Board, (cite address). 

Sincerely, 

John J. Smith, 

Colonel, U.S. Army, President, Armed Forces 

Disciplinary Control Board. 

Annex F—AFDCB Letter of Notification of 

Continuance of Off-Limits Restrictions After 

Appearance before the AFDCB (Letterhead) 

Proprietor 

Dear Sir: 

The Armed Forces Disciplinary Control 

Board (AFDCB) did not favorably consider 

your request for removal of the off-limits 

restriction now in effect at your 

establishment. 

This decision does not preclude further 

appeals or appearances before the AFDCB at 

any of its scheduled meetings. 

Correspondence pertaining to this matter 

should be addressed to the President, Armed 

Forces Disciplinary Control Board, (cite 

address). 

Sincerely, 

John J. Smith, 

Colonel, U.S. Army, President, Armed Forces 

Disciplinary Control Board. 

Annex G—AFDCB Letter of Removal of OffLimits Restriction 

(Letterhead) 

Proprietor 

Dear Sir: 

This letter is to inform you that the offlimits restriction against (name of 

establishment) is removed effective (date). 

Members of the Armed Forces are permitted 

to patronize your establishment as of that 

date. 

The corrective actions taken in response to 

the concerns of the Armed Forces 

Disciplinary Control Board are appreciated. 

Sincerely, 

John J. Smith, 

Colonel, U.S. Army, President, Armed Forces 

Disciplinary Control Board. 

Annex H—AFDCB Notification of Removal 

of Off-Limits Restriction 

(Letterhead) 

Proprietor 

Dear Sir: 

This letter is to inform you that your 

request for removal of the off-limits 

restriction now in effect at (name of 

establishment) was favorably considered by 

the Armed Forces Disciplinary Control Board 

(AFDCB). 

This restriction will be removed effective 

(date). Members of the Armed Forces will be 

permitted to patronize your establishment as 

of that date. 

The corrective actions taken in response to 

the concerns of the AFDCB are appreciated. 

Sincerely, 

John J. Smith, 

Colonel, U.S. Army, President, Armed Forces 

Disciplinary Control Board. 

Annex I—Format for AFDCB Meeting 

Minutes 

(Letterhead) 

MEMORANDUM FOR 

SUBJECT: Armed Forces Disciplinary Control 

Board 

1. Pursuant to authority contained in AR 

190–24/AFI 31–213/ OPNAVINST 1620.2A/ 

MCO 1620.2C/and COMDTINST 1620.1D, 

Armed Forces Disciplinary Control Boards 

and Off-Installation Liaison and Operations, 

the (area) Armed Forces Disciplinary Control 

Board convened at (place), (date) 

2. The following voting members were 

present: (List names, titles, and addresses.) 

3. The following military members were 

present: (List names, titles, and addresses.) 

4. The following civilian advisory members 

were present: (List names, titles, and 

addresses.) 

5. Order of business: 

a. Call to order. 

b. Welcome. 

c. Introduction of members and guests. 

d. Explanation of purpose of board. 

e. Reading of minutes. 

f. Unfinished or continuing business. 

g. New business (subparagraph as 

necessary). 

h. Recommendations. 

(1) List of areas and establishments being 

placed in an off-limits restriction. 

Include complete name and address (or 

adequate description of an area) of any 

establishment listed. 

(2) List of areas and establishments being 

removed from off-limits restrictions. Include 

complete name and address (or adequate 

Federal Register / Vol. 70, No. 201 / Wednesday, October 19, 2005 / Rules and Regulations 60735 

description of an area) of any establishment 

listed. 

(3) Other matters or problems of mutual 

concern. 

i. Time, date, and place for next board 

meeting. 

j. Adjournment of the board. 

(Board Recorder’s Name) 

(Rank, Branch of Service), Recorder, Armed 

Forces Disciplinary Control Board 

Approved: 

(Board President’s Name) 

(Rank, Branch of Service) President, Armed 

Forces Disciplinary Control Board 

(Note: The minutes of the board proceedings 

will be forwarded by official correspondence 

from the board president to the sponsoring 

commander for approval of the board’s 

recommendations. By return endorsement, 

the sponsoring commander will either 

approve or disapprove the board’s 

recommendations.) 

[FR Doc. 05–20903 Filed 10–18–05; 8:45 am] 

BILLING CODE 3710–08–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R05–OAR–2005–IN–0003; FRL–7981–8] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The EPA is approving a 

request from the Indiana Department of 

Environmental Management (IDEM) to 

revise the Indiana State Implementation 

Plan (SIP) in three areas: To amend the 

definition of ‘‘particulate matter,’’ and 

‘‘ambient air quality standards,’’ add 

new rules consistent with these 

amended definitions, and amend rules 

pertaining to sulfur dioxide (SO2) and 

nitrogen dioxide (NO2) ambient 

standards; to update the references to 

the Code of Federal Regulations (CFR) 

from the 2000 edition to the 2002 

edition; and to add ‘‘credible evidence 

provisions’’ into state rules consistent 

with federal requirements. 

DATES: This rule is effective on 

December 19, 2005, unless EPA receives 

adverse written comments by November 

18, 2005. If EPA receives adverse 

comments, EPA will publish a timely 

withdrawal of the rule in the Federal 

Register and inform the public that the 

rule will not take effect. 

ADDRESSES: Submit comments, 

identified by Regional Material in 

EDocket (RME) ID No. R05–OAR–2005–

IN–0003, by one of the following 

methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Agency Web site: http:// 

docket.epa.gov/rmepub/. Regional RME, 

EPA’s electronic public docket and 

comments system, is EPA’s preferred 

method for receiving comments. Once 

in the system, select ‘‘quick search,’’

then key in the appropriate RME Docket 

identification number. Follow the 

online instructions for submitting 

comments. 

E-mail: mooney.john@epa.gov. 

Fax: (312) 886–5824. 

Mail: You may send written 

comments to: John M. Mooney, Chief, 

Criteria Pollutant Section, (AR–18J), 

U.S. Environmental Protection Agency, 

77 West Jackson Boulevard, Chicago, 

Illinois 60604. 

Hand delivery: Deliver your 

comments to: John M. Mooney, Chief, 

Criteria Pollutant Section, (AR–18J), 

U.S. Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

18th floor, Chicago, Illinois 60604. 

Such deliveries are only accepted 

during the Regional Office’s normal 

hours of operation. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m. excluding Federal holidays. 

Instructions: Direct your comments to 

RME ID No. R05–OAR–2005–IN–0003. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through RME, regulations.gov, 

or e-mail. The EPA RME Web site and 

the Federal regulations.gov Web site are 

‘‘anonymous access’’ systems, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through RME or 

regulations.gov, your e-mail address 

will be automatically captured and 

included as part of the comment that is 

placed in the public docket and made 

available on the Internet. If you submit 

an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional instructions on 

submitting comments, go to Section I of 

the SUPPLEMENTARY INFORMATION section 

of the related proposed rule which is 

published in the Proposed Rules section 

of this Federal Register. 

Docket: All documents in the 

electronic docket are listed in the RME 

index at http://docket.epa.gov/rmepub/. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI or other information whose 

disclosure is restricted by statute. 

Publicly available docket materials are 

available either electronically in RME or 

in hard copy at Environmental 

Protection Agency, Region 5, Air and 

Radiation Division, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. We 

recommend that you telephone Julie 

Henning, Environmental Protection 

Specialist, at (312) 886–4882 before 

visiting the Region 5 office. This Facility 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. 

FOR FURTHER INFORMATION CONTACT: Julie 

Henning, Environmental Protection 

Specialist, State and Tribal Planning 

Section, Air Programs Branch (AR–18J), 

U.S. Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–4882, 

henning.julie@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. General Information 

A. How Can I Get Copies of This Document 

and Other Related Information? 

B. How and to Whom Do I Submit 

Comments? 

II. Background 

III. What Are the Revisions That the State 

Requests Be Incorporated Into the SIP? 

IV. What Action Is EPA Taking Today? 

V. Statutory and Executive Order Reviews 

I. General Information 

A. How Can I Get Copies of This 

Document and Other Related 

Information? 

1. The Regional Office has established 

an electronic public rulemaking file 

available for inspection at RME under 

ID No. R05–OAR–2005–IN–0003, and a 

hard copy file which is available for 

inspection at the Regional Office. The 

official public file consists of the 

documents specifically referenced in 

this action, any public comments 

received, and other information related 

to this action. Although a part of the 

official docket, the public rulemaking