Federal Register / Vol. 70, No. 214 / Monday, November 7, 2005 / Rules and Regulations 67367 

before March 18, 2005, as published in 

Parts II, III, and IV of the ‘‘2005 ACH 

Rules: A Complete Guide to Rules & 

Regulations Governing the ACH 

Network’’: 

(1) ACH Rule 1.1 (limiting the 

applicability of the ACH Rules to 

members of an ACH association); 

(2) ACH Rule 1.2.2 (governing claims 

for compensation); 

(3) ACH Rule 1.2.4; 2.2.1.12; 

Appendix Eight and Appendix Eleven 

(governing the enforcement of the ACH 

Rules, including self-audit 

requirements); 

(4) ACH Rules 2.2.1.10; 2.6; and 4.8 

(governing the reclamation of benefit 

payments); 

(5) ACH Rule 9.3 and Appendix Two 

(requiring that a credit entry be 

originated no more than two banking 

days before the settlement date of the 

entry—see definition of ‘‘Effective Entry 

Date’’ in Appendix Two); 

(6) ACH Rule 2.10.2.3 (requiring that 

originating depository financial 

institutions (ODFIs) establish exposure 

limits for Originators of Internetinitiated debit entries); and 

(7) ACH Rule 2.11.3 (requiring 

reporting regarding unauthorized 

Telephone-initiated entries). 

* * * * * 

■ 3. Revise § 210.3(b) to read as follows: 

* * * * * 

(b) Incorporation by reference—

applicable ACH Rules. 

(1) This part incorporates by reference 

the applicable ACH Rules, including 

rule changes with an effective date on 

or before March 18, 2005, as published 

in Parts II, III, and IV of the ‘‘2005 ACH 

Rules: A Complete Guide to Rules & 

Regulations Governing the ACH 

Network.’’ The Director of the Federal 

Register approves this incorporation by 

reference in accordance with 5 U.S.C. 

552(a) and 1 CFR part 51. Copies of the 

‘‘2005 ACH Rules’’ are available from 

NACHA—The Electronic Payments 

Association, 13665 Dulles Technology 

Drive, Suite 300, Herndon, Virginia 

20171. Copies also are available for 

public inspection at the Office of the 

Federal Register, 800 North Capitol 

Street, NW., Suite 700, Washington, DC 

20002; and the Financial Management 

Service, 401 14th Street, SW., Room 

401, Washington, DC 20227. 

(2) Any amendment to the applicable 

ACH Rules that takes effect after March 

18, 2005, shall not apply to Government 

entries unless the Service expressly 

accepts such amendment by publishing 

notice of acceptance of the amendment 

to this part in the Federal Register. An 

amendment to the ACH Rules that is 

accepted by the Service shall apply to 

Government entries on the effective date 

of the rulemaking specified by the 

Service in the Federal Register notice 

expressly accepting such amendment. 

* * * * * 

§ 210.6 [Amended] 

■ 4. Amend § 210.6 as follows: 

■ a. Amend the first sentence of § 210.6 

by deleting ‘‘7.7.2’’ and inserting 

‘‘8.7.2.’’

■ b. Amend paragraph (g) by deleting 

‘‘3.4’’ and ‘‘3.10’’ and inserting ‘‘3.5’’

and ‘‘3.12,’’ respectively. 

■ c. Amend paragraph (h)(1) by deleting 

‘‘3.6.1’’ and inserting ‘‘3.7.1.’’

■ d. Amend paragraph (h)(2) by deleting 

‘‘3.10’’ and inserting ‘‘3.12.’’

■ e. Amend paragraph (i) by deleting 

‘‘3.4’’ and ‘‘3.10’’ and inserting ‘‘3.5’’

and ‘‘3.12,’’ respectively. 

§ 210.8 [Amended] 

■ 5. Amend paragraph (b) introductory 

text of § 210.8 by deleting ‘‘7.7.2’’ and 

inserting ‘‘8.7.2.’’

Richard L. Gregg, 

Commissioner. 

[FR Doc. 05–22064 Filed 11–4–05; 8:45 am] 

BILLING CODE 4810–35–P 

DEPARTMENT OF DEFENSE 

Department of the Army 

32 CFR Part 581 

RIN 0702–AA51 

Personnel Review Board 

AGENCY: Assistant Secretary of the Army 

for Manpower and Reserve Affairs, DoD. 

ACTION: Final rule. 

SUMMARY: The Department of the Army 

amends its regulation on Army Board 

for Correction of Military Records to be 

in compliance with the United States 

District Court for the District of 

Columbia decision (Daniel J. Lipsman v. 

Secretary of the Army—Civil Action No. 

02–0151 (RMU), Document Nos. 18, 20, 

decided September 7, 2004, 2004 U.S. 

Dist. LEXIS 17866). 

DATES: Effective Date: December 7, 2005. 

ADDRESSES: The Army Review Boards 

Agency, ATTN: SFMR–RBR, 1901 South 

Bell Street, 2nd Floor, Arlington, 

Virginia 22202–4508. 

FOR FURTHER INFORMATION CONTACT: 

Hubert S. Shaw, 703–607–1779. 

SUPPLEMENTARY INFORMATION: 

A. Background 

This rule has previously been 

published. Section 581.3 contained in 

32 CFR part 581 provides Department of 

the Army policy, criteria and 

administrative instructions regarding an 

applicant’s request for the correction of 

a military record. 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 received no responses to its notice 

of proposed rule change published on 

August 3, 2005; therefore, no 

substantive changes were made to the 

proposed rule. 

B. Regulatory Flexibility Act 

The Department of the Army has 

determined that the Regulatory 

Flexibility Act does not apply because 

the rule change 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 rule change 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 rule change 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 rule change 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 rule change 

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 

67368 Federal Register / Vol. 70, No. 214 / Monday, November 7, 2005 / Rules and Regulations 

rule change is not a significant 

regulatory action. 

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 that 

Executive Order 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 that 

Executive Order does not apply because 

the rule change 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. 

Carl W.S. Chun, 

Director, Army Board for Correction of 

Military Records. 

List of Subjects in 32 CFR Part 581 

Administrative practice and 

procedure, Archives and Records, 

Military Personnel. 

■ For reasons stated in the preamble the 

Department of the Army amends part 

581 to read as follows: 

PART 581—PERSONNEL REVIEW 

BOARD 

■ 1. The authority citation for part 581 

continues to read as follows: 

Authority: 10 U.S.C. 1552, 1553, 1554, 

3013, 3014, 3016; 38 U.S.C. 3103(a). 

■ 2. Amend § 581.3 by revising 

paragraphs (g)(4)(i) and (ii) to read as 

follows: 

§ 581.3 Army Board for Correction of 

Military Records. 

* * * * * 

(g) * * * 

(4) * * * 

(i) If the ABCMR receives the request 

for reconsideration within 1 year of the 

ABCMR’s original decision and if the 

ABCMR has not previously 

reconsidered the matter, the ABCMR 

staff will review the request to 

determine if it contains evidence 

(including, but not limited to, any facts 

or arguments as to why relief should be 

granted) that was not in the record at the 

time of the ABCMR’s prior 

consideration. If new evidence has been 

submitted, the request will be submitted 

to the ABCMR for its determination of 

whether the new evidence is sufficient 

to demonstrate material error or 

injustice. If no new evidence is found, 

the ABCMR staff will return the 

application to the applicant without 

action. 

(ii) If the ABCMR receives a request 

for reconsideration more than 1 year 

after the ABCMR’s original decision or 

after the ABCMR has already considered 

one request for reconsideration, then the 

case will be returned without action and 

the applicant will be advised the next 

remedy is appeal to a court of 

appropriate jurisdiction. 

* * * * * 

[FR Doc. 05–22094 Filed 11–4–05; 8:45 am] 

BILLING CODE 3710–08–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[USCG–2005–22853] 

RIN 1625–AA09 

Drawbridge Operation Regulations; 

Upper Mississippi River, Ft. Madison, 

Burlington, and Dubuque, IA, and Rock 

Island Arsenal, IL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary Final rule. 

SUMMARY: The Coast Guard is 

temporarily revising the operating 

regulations for the Ft. Madison 

Drawbridge, mile 383.9, the Burlington 

RR Drawbridge, mile 403.1, the Illinois 

Central Railroad Drawbridge, mile 

579.9, and the Rock Island Arsenal 

Drawbridge, mile 482.9, all located 

along the Upper Mississippi River. The 

temporary revision established the 

winter operating schedules for these 

four drawbridges while still providing 

for the reasonable needs of navigation. 

DATES: This rule is effective from 

December 15, 2005 through March 15, 

2006. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket [USCG–2005–

22853] and are available for inspection 

or copying at the Docket Management 

Facility, U.S. Department of 

Transportation, room PL–401, 400 

Seventh Street, SW., Washington, DC, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

You may also find this docket on the 

Internet at http://dms.dot.gov. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call Mr. 

Roger K. Wiebusch, Bridge 

Administrator, (314) 539–3900, 

extension 2378. If you have questions 

on viewing the docket, call Andrea M. 

Jenkins, Program Manager, Docket 

Operations, telephone 202–366–0271. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

We did not publish a notice of 

proposed rulemaking (NPRM) for this 

regulation. Under 5 U.S.C. 553(b)(B), the 

Coast Guard finds that good cause exists 

for not publishing an NPRM. Publishing 

an NPRM, which would incorporate a 

comment period before a final rule 

could be issued, is unnecessary. The 

closure of lock 19 (mile 364) by the 

Army Corps of Engineers will reduce 

the level of navigation on the waterway, 

making the opening of these 

drawbridges largely unnecessary. 

Background and Purpose 

The Rock Island Drawbridge is owned 

by the U.S. Government (U.S. Army, 

Rock Island Arsenal); the Ft. Madison 

and Burlington Railroad Drawbridges 

are owned by Burlington Northern Santa 

Fe Railway; the Illinois Central Railroad 

Drawbridge is owned by the Chicago, 

Central and Pacific Railroad. Each 

bridge owner wrote to the Coast Guard 

and requested the proposed revisions in 

order to conduct necessary maintenance 

work. These are typical requests that 

occur each winter. During the winter 

months, the Army Corps of Engineers 

will usually close one or more locks for 

repair and when the locks are closed, 

navigation ceases. The lock closures go 

from mid-Dec until early to mid-March. 

This lock closure presents bridge 

owners with an opportunity for 

conducting bridge repairs that would 

render the bridges inoperable. The Coast 

Guard generally requires the bridges to 

return to operation by the date when the 

Corps’ locks reopen. 

Discussion of Rule 

This rule temporarily amends section 

117.671, allowing the Ft. Madison 

Drawbridge, mile 383.9, the Burlington 

RR Drawbridge, mile 403.1, and the 

Illinois Central Railroad Drawbridge, 

mile 579.9, to change from an open on 

demand schedule to one requiring at 

least 2 hours advance notice. It also 

allows the Rock Island Arsenal 

Drawbridge, mile 482.9, to remain in the 

closed-to-navigation position. It also 

adds temporary cross-references to 

section 117.671 under the listings for 

drawbridge regulations for Iowa and 

Illinois. 

Regulatory Evaluation 

This rule is not a ‘‘significant 

regulatory action’’ under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not