Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Proposed Rules 17507

1Copies may be obtained from the Deputy

Director for Finance, Defense Finance and

Accounting Service, 1931 Jefferson Davis Highway,

Arlington, Virginia 22240–5291, Attention: Military

Pay Directorate.

Dated: March 31, 1995.

Russell F. Price,

Acting Assistant Director, Western Support

Center.

[FR Doc. 95–8466 Filed 4–5–95; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 63

Former Spouse Payments From

Retired Pay

AGENCY: Office of the Secretary of

Defense, DoD.

ACTION: Proposed rule; amendment.

SUMMARY: This proposed rule amends

part 63 of title 32 of the Code of Federal

Regulations to reflect amendments to

the Uniformed Services Former

Spouses’ Protection Act and to clarify

the language in § 63.6(c)(8) concerning

court orders that provide for a division

of retired pay by means of a formula.

Guidance implementing the

amendments have been incorporated

into Volume 7, Part B of the DoD

Financial Management Regulation, DoD

7000.14–R, but has not been previously

published in the Federal Register.

DATES: Comments must be received June

6, 1995.

ADDRESSES: Interested parties should

submit written comments to: Deputy

Director for Finance, Defense Finance

and Accounting Service, 1931 Jefferson

Davis Highway, Arlington, VA 22240–

5291, Attention: Military Pay

Directorate.

FOR FURTHER INFORMATION CONTACT: Mr.

Fiti Malufau, (703) 602–5279.

SUPPLEMENTARY INFORMATION: Because of

the large number of comments

anticipated, we do not plan to

acknowledge or respond to individual

comments but will address the

comments, as appropriate, in the

preamble of the final rule.

To avoid undue hardship on those

seeking to enforce support orders

providing for a division of retired pay,

the Department of Defense will continue

to follow its current implementing

guidance with regard to the

amendments to the Uniformed Services

Former Spouses’ Protection Act and,

effective April 1, 1995, will accept court

orders containing formulas that are

consistent with the proposed rule until

a final rule is issued.

Executive Order 12866, ‘‘Regulatory

Planning and Review’’

The Under Secretary of Defense

(Comptroller) has determined that 32

CFR part 63 is not a significant

regulatory action. The rule does not:

(1) Have an annual effect on the

economy of $100 million or more or

adversely affect in a material way the

economy, a sector of the economy,

productivity, competition, jobs, the

environment, public health or safety, or

State, local, or tribal governments or

communities;

(2) Create a serious inconsistency or

otherwise interfere with an action taken

or planned by another agency;

(3) Materially alter the budgetary

impact of entitlements, grants, user fees,

or loan programs or the rights and

obligations of recipients thereof; or

(4) Raise novel legal or policy issues

arising out of legal mandates, the

President’s priorities, or the principles

set forth in this Executive Order.

Public Law 96–354, ‘‘Regulatory

Flexibility Act of 1980’’ (5 U.S.C. 601–

612)

The Under Secretary of Defense

(Comptroller) has certified that this rule

is not subject to the Regulatory

Flexibility Act (5 U.S.C. 601–612)

because it affects only certain military

members and their former spouses.

Public Law 96–511, ‘‘Paperwork

Reduction Act’’ (44 U.S.C. 3501–3520)

The Under Secretary of Defense

(Comptroller) has certified that this

amendment of 32 CFR part 63 does not

impose any new reporting or

recordkeeping requirements under the

Paperwork Reduction Act of 1980 (44

U.S.C. 3501–3520).

List of Subjects in 32 CFR Part 63

Alimony, Child support, Retirement,

Uniformed Services, Payments to former

spouses, Military retired pay.

Accordingly, 32 CFR part 63 is

proposed to be amended as follows:

PART 63—FORMER SPOUSE

PAYMENTS FROM RETIRED PAY

1. The authority citation for part 63

continues to read as follows:

Authority: 10 USC 1408.

2. Section 63.6 is proposed to be

amended by adding the word ‘‘certified’’

after the word ‘‘A’’ in paragraph

(b)(1)(ii), by revising paragraphs (b)(5),

(c)(8) and (e), and by adding a new

paragraph (h)(13) to read as follows:

§ 63.6 Procedures.

* * * * *

(b) * * *

(5) The designated agent for each

uniformed service is:

(i) Army, Navy, Air Force and Marine

Corps: Defense Finance and Accounting

Service, Cleveland Center (Code LF), PO

Box 998002, Cleveland, OH 44199–

8002.

(ii) Coast Guard: United States Coast

Guard, Commanding Officer (L), Pay

and Personnel Center, 444 Quincy

Street, Topeka, KS 66683–3591.

(iii) Public Health Service: Office of

General Counsel, Department of Health

and Human Service, Room 5362, 330

Independence Avenue, SW,

Washington, DC 20201.

* * * * *

(c) * * *

(8) The court order shall require

payment of child support or alimony or,

in the case of a division of property,

provide for the payment of an amount

of disposable retired or retainer pay,

expressed as a dollar amount or as a

percentage. Court orders specifying a

percentage or fraction of disposable

retired pay shall be construed as a

percentage or a fraction of disposable

retired pay. A court order that provides

for a division of retired pay by means

of a formula wherein the elements of the

formula are not specifically set forth or

readily apparent on the face of the court

order will not be honored unless

clarified by the court. For orders served

on or after April 1, 1995, an exception

to requiring such a clarifying order will

be made only if in accordance with

(c)(8) (i), (ii) and (iii) of this section:

(i) The order otherwise qualifies for

direct payment but the parties are

divorced when the member is on active

duty. In that situation, where the

pertinent court order is expressed in

terms of a formula and the element

missing from that formula is the

member’s years of service, then the

designated agent will supply the

member’s years of service in terms of

whole months to arrive at a percentage

of disposable pay due the former

spouse. Partial months of service will be

dropped. The member’s service that is

creditable for retirement percentage

multiplier purposes (See Chapter 1,

Section C of DoD Financial Management

Regulation, DoD 7000.14–R, Volume 7,

Part B1) will be used in all formulas. In

the case of reserve members, points

earned during the member’s marriage

must be contained in the court order.

The designated agent will supply total

retirement points earned by a reservist
17508 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Proposed Rules

if that element is missing from the

formula. The formula will be computed

based on the member’s service for

retirement multiplier or points and

carried out to four decimal places.

(ii) The order otherwise qualifies for

direct payment but the parties are

divorced when the member is on active

duty and the pertinent court order

awarding the former spouse a portion of

the member’s retired/retainer pay is

expressed in terms of a hypothetical

retired pay amount—one that is

conditional or based upon the

occurrence of certain facts and/or

events. No application will be processed

by the designated agent in the absence

of a clarifying order where the

hypothetical retired pay amount is to be

based upon retired/retainer pay due the

member at the time of divorce and the

divorce occurs prior to the member’s

retirement eligibility (at least 15 or 20

years of service) unless the hypothetical

retired pay amount is contained in the

order or is based on 15 or 20 years of

service. All hypothetical awards will be

computed on the basis of the member’s

retired pay at the time of retirement (as

explained in paragraph (c)(8)(iii) of this

section) and, if the order also provides

for the same percentage of cost-of-living

adjustments, will be converted to a

percentage of current disposable pay. If

the hypothetical contained in the court

order does not provide for the same

percentage of cost-of-living adjustments,

then payments will be made in a fixed

dollar amount only. As noted in this

section, the formula will be carried out

to four decimal places.

(iii) Example. A court order awards

the former spouse 25% of the member’s

monthly retired/retainer pay of a retired

rank of Captain with 20 years of service

to include the same percentage of costof-living increases. The member later

retires after 25 years of service as a

Major. The monthly retired pay of a

Captain with 20 years of service equals

$1,000.00 and the monthly retired pay

of a Major with 25 years of service is

$1,100; $1,000.00 divided by $1,100.00

equals .909091. This amount (.909091)

multiplied by 25% (amount of former

spouse award) is .2272. This 22.72%

award is proportionately the same share

as the 25% award in the court order

except it is expressed in terms of the

member’s actual rather than

hypothetical retirement pension.

(iv) Except for years of service or date

of retirement, as well as hypothetical

retired pay amounts mentioned in

paragraphs (c)(8) (i) and (ii) of this

section, in order to be honored without

the necessity of obtaining a subsequent

clarifying order from the court,

pertinent court orders must contain a

fixed dollar amount or a percentage of

disposable pay that can be computed

using the qualifying court order alone

without reference to any facts or values

external to the court order dividing the

member’s retired/retainer pay.

* * * * *

(e) Limitations. (1) Divorces,

dissolutions of marriage, annulments,

and legal separations that became

effective before February 3, 1991. Upon

proper service, a member’s retired pay

may be paid directly to a former spouse

in the amount necessary to comply with

the court order, provided the total

amount does not exceed:

(i) Fifty percent of disposable retired

pay for all court orders and

garnishments paid under this part.

(ii) Sixty-five percent of disposable

retired pay for all court orders and

garnishment actions paid under this

part and garnishments paid under 42

U.S.C. 659.

(2) Divorces, dissolutions of marriage,

annulments, and legal separations that

become effective on or after February 3,

1991. Upon proper service, a member’s

retired pay may be paid directly to a

former spouse in the amount necessary

to comply with the court order,

provided the total amount does not

exceed:

(i) Fifty percent of disposable retired

pay for all court orders and garnishment

actions paid under this part.

(ii) Sixty-five percent of the

remuneration for employment as

defined under 42 U.S.C. 659 and 662 for

all court orders and garnishments under

this part and garnishments paid under

42 U.S.C. 659.

(3) Disposable retired pay. Disposable

retired pay is the gross pay entitlement,

including renounced pay, less

authorized deductions. Disposable

retired pay does not include annuitant

payments under 10 U.S.C. Chapter 73.

For court orders issued on or before

November 14, 1986, (or amendments to

such court orders), disposable retired

pay does not include retired pay of a

member retired for disability under 10

U.S.C. Chapter 61. The authorized

deductions are:

(i) For divorces, dissolutions of

marriage, annulments, and legal

separations that become effective before

February 3, 1991:

(A) Amounts owed to the United

States.

(B) Amounts required by law to be

deducted from member’s pay.

(C) Fines and forfeitures ordered by a

court-martial.

(D) Amounts waived in order to

receive compensation under Title 5 or

38 of the United States Code.

(E) Federal employment taxes and

income withheld to the extent that the

amount is consistent with member’s tax

liability, including amounts for

supplemental withholding under 26

U.S.C. 3402(i) when the member

presents evidence to the satisfaction of

a designated agent that supports such

withholding. State employment taxes

and income taxes when the member

makes a voluntary request for such

withholding from retired pay and the

Uniformed Services have an agreement

with the State concerned for

withholding from retired pay.

(F) Premiums paid as a result of an

election under 10 U.S.C. Chapter 73, to

provide an annuity to a spouse or

former spouse to whom payment of a

portion of such member’s retired pay is

being made pursuant to a court order

under this part.

(G) The amount of the member’s

retired pay under 10 U.S.C. Chapter 61

computed using the percentage of the

member’s disability on the date when

the member was retired (or the date on

which the member’s name was placed

on the temporary disability retired list),

for court orders issued after November

14, 1986.

(ii) For divorces, dissolutions of

marriage, annulments, and legal

separations that become effective on or

after February 3, 1991:

(A) Amounts owed to the United

States for previous overpayment of

retired pay and for recoupment required

by law resulting from entitlement to

retired pay.

(B) Forfeitures of retired pay ordered

by court-martial.

(C) Amounts waived in order to

receive compensation under Title 5 or

38 of United States Code.

(D) Premiums paid as a result of an

election under 10 U.S.C. Chapter 73 to

provide an annuity to a spouse or

former spouse to whom payment of a

portion of such member’s retired pay is

being made pursuant to a court order

under this part.

(E) The amount of member’s retired

pay under 10 U.S.C. Chapter 61

computed using the percentage of the

member’s disability on the date when

the member was retired (or the date on

which the member’s name was placed

on the temporary disability retired list).

* * * * *

(h) * * *

(13) For divorces, dissolutions of

marriage, annulments, and legal

separations that become effective on or

after February 3, 1991, payments to a

former spouse for a division of property

are excluded in determining a member’s

gross wages concerning retired pay.

* * * * *
Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Proposed Rules 17509

Dated: March 31, 1995.

Patricia L. Toppings,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 95–8408 Filed 4–5–95; 8:45 am]

BILLING CODE 5000–04–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 51 and 58

[AD–FRL–5183–2]

National Ambient Air Quality

Standards for Sulfur Oxides (Sulfur

Dioxide)—Proposal of Part 51 and Part

58 Implementation Strategies

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Announcement of the public

hearing and notice of availability.

SUMMARY: The EPA is announcing the

public hearing on the proposal of the

implementation options for the national

ambient air quality standard (NAAQS)

for sulfur oxides (sulfur dioxide) (SO2)

published on March 7, 1995. The EPA

is also announcing the availability of a

supplement to the Regulatory Impact

Analysis (RIA) for the proposed changes

to the NAAQS for SO2. The supplement

includes additional analysis on the costs

of the section 303 option in the previous

proposal.

DATES: Written comments must be

received on or before June 5, 1995, and

a public hearing on the proposed rule

will be held on May 16, 1995 beginning

at 9:00 a.m.

ADDRESSES: Submit written comments

on the proposed action on 40 CFR parts

51 and 58 (duplicate copies preferred) to

the Air and Radiation Docket

Information Center (6102), Room M–

1500, U.S. Environmental Protection

Agency, Attn: Docket No. A–94–55, 401

M Street SW., Washington, DC 20460.

This docket contains supporting

information used in developing the

proposed rule, and is located in the Air

and Radiation Docket Information

Center of the U.S. Environmental

Protection Agency, South Conference

Center, Room M–1500, 401 M Street

SW., Washington DC 20460. The docket

may be inspected between 8:30 a.m. and

3:30 p.m. on weekdays. A reasonable fee

may be charged for copying.

The public hearing will be held at the

U.S. Environmental Protection Agency’s

Environmental Research Center

Auditorium, 86 T.W. Alexander Drive,

Research Triangle Park, NC 27711.

FOR FURTHER INFORMATION CONTACT: Part

51 Notice—Laura D. McKelvey, Air

Quality Strategies and Standards

Division (MD–15), U.S. Environmental

Protection Agency, Research Triangle

Park, NC 27711, telephone (919) 541–

5497. Part 58 Notice—David Lutz,

Emissions Monitoring and Analysis

Division (MD–14), U.S. Environmental

Protection Agency, Research Triangle

Park, NC 27711, telephone (919) 541–

5476. The supplemental RIA—Allyson

Siwik, Air Quality Strategies and

Standards Division (MD–15), U.S.

Environmental Protection Agency,

Research Triangle Park, NC 27711,

telephone (919) 541–7775.

SUPPLEMENTARY INFORMATION: On

November 15, 1994, at 59 FR 58958,

EPA proposed three options for changes

to the NAAQS for SO2. On March 7,

1995, at 60 FR 12492, EPA proposed in

the Federal Register the requirements

for implementing the alternative

measures and changes in the SO2

ambient air surveillance network. That

document requires that written

comments on the proposed options for

changes to parts 51 and 58 to implement

changes in the SO2 standard be

submitted to EPA by June 5, 1995.

Today’s action announces the

availability of the supplement to the

RIA for the changes to the SO2 NAAQS

and the public hearing on the

implementation plan and ambient air

quality surveillance network for April

13, 1995.

Individuals planning to make oral

presentations at the hearing should

notify Laura D. McKelvey at the above

address at least 7 days prior to the date

of the hearing. Oral presentations will

be limited to 15 minutes each. Any

member of the public may file a written

statement before, during, or within 30

days after the hearing. Written

statements (duplicate copies preferred)

should be submitted to the appropriate

docket at the above address.

A verbatim transcript of the hearing

and written statements will be available

for copying during normal working

hours at the Air and Radiation Docket

Information Center (6102), Room M–

1500, U.S. Environmental Protection

Agency, 401 M Street, SW., Washington,

DC 20460.

List of Subjects in 40 CFR Part 51

Air pollution control, Carbon

monoxide, Lead, Nitrogen dioxide,

Ozone, Particulate matter, Sulfur oxides.

List of Subjects in 40 CFR Part 58

Administrative practice and

procedure, Air pollution control,

Reporting and recordkeeping

requirements.

Dated: March 28, 1995.

Mary D. Nichols,

Assistant Administrator for Air and

Radiation.

[FR Doc. 95–8206 Filed 4–5–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 86

[FRL–5185–1]

RIN 2060–AE27

Revisions to the Federal Test

Procedure for Emissions From Motor

Vehicles

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of public hearing.

SUMMARY: On April 19 and 20, 1995, the

Environmental Protection Agency (EPA)

will hold a public hearing in Ann Arbor,

Michigan, to receive comments from

interested parties on the Proposed

Regulations for Revisions to the Federal

Test Procedure for Emissions from

Motor Vehicles, published in the

Federal Register on February 7, 1995

(60 FR 7404).

DATES: Comments on the published

proposal (60 FR 7404) will be accepted

through May 20, 1995. The public

hearing will be held on April 19, 1995,

from 10:00 a.m. until 5:00 p.m. and on

April 20, 1995, from 8:00 a.m. until 5:00

p.m.

ADDRESSES: Interested parties may

submit written comments (in duplicate

if possible) to Public Docket No. A–92–

64, at: Air Docket Section, U.S.

Environmental Protection Agency, 401

M Street SW, Washington, DC 20460.

Materials relevant to this notice have

been placed in Docket No. A–92–64.

The docket is located at the above

address in Room M–1500, Waterside

Mall, and may be inspected weekdays

between 8:30 a.m. and 5:30 p.m. A

reasonable fee may be charged by EPA

for copying docket materials.

The public hearing will be held at the

Towsley Auditorium, Morris Lawrence

Building, Washtenaw Community

College, 4800 East Huron River Drive,

Ann Arbor, Michigan. This facility can

be reached from exit no. 39 on U.S.

Route 23 by going east on Geddes Rd.,

then south on Dixboro Rd., then east on

Huron River Drive. A map is available

by mail or fax by calling the EPA at

(313) 668–4384.

FOR FURTHER INFORMATION CONTACT: Jim

Markey, Certification Division, U.S.

Environmental Protection Agency,

National Vehicle and Fuel Emissions

Laboratory, 2565 Plymouth Road, Ann