Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Proposed Rules 34279 

TABLE 1—SERVICE INFORMATION

Embraer Service Bulletin— Revision— Dated— 

170–24–0019 ..................................................................... Original ............................................................................. December 6, 2006. 

170–24–0020 ..................................................................... Original ............................................................................. November 30, 2006. 

170–31–0020 ..................................................................... 01 ...................................................................................... May 21, 2008. 

Issued in Renton, Washington, on July 8, 

2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–16779 Filed 7–14–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF DEFENSE 

Department of the Air Force 

32 CFR Part 865 

[Docket No. USAF–2008–0002] 

RIN 0701–AA74 

Personnel Review Boards 

AGENCY: Department of the Air Force, 

Department of Defense. 

ACTION: Proposed rule. 

SUMMARY: The Department of the Air 

Force is proposing to amend part 865 of 

Chapter VII, Title 32, Code of Federal 

Regulations, by revising Subpart A, Air 

Force Board for Correction of Military 

Records. Subpart A establishes 

procedures for the consideration of 

applications for the correction of 

military records and provides guidance 

to applicants and others interested in 

the process. This revision incorporates 

format changes and clarifies various 

minor provisions of the subpart. The 

public is invited to participate in this 

rulemaking by submitting comments to 

the point of contact listed below. 

DATES: Interested parties should submit 

written comments on or before 

September 14, 2009. 

ADDRESSES: You may submit comments, 

identified by docket number and/or RIN 

number and title, by any of the 

following methods: 

• Federal Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Federal Docket Management 

System Office, 1160 Defense Pentagon, 

OSD Mailroom 3C843, Washington, DC 

20301–1160. 

Instructions: All submissions received 

must include the agency name and 

docket number or Regulatory 

Information Number (RIN) for this 

Federal Register document. The general 

policy for comments and other 

submissions from members of the public 

is to make these submissions available 

for public viewing on the Internet at 

http://www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: Mr 

Algie Walker Jr. at (240) 857–5380, 

al.walker@afncr.af.mil 

SUPPLEMENTARY INFORMATION: 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ 

It has been determined that 32 CFR 

part 865 is not a significant regulatory 

action. This 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 the 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. 

Unfunded Mandates Reform Act (Sec. 

202, Pub. L. 104–4) 

It has been certified that 32 CFR Part 

865 does not contain a Federal Mandate 

that may result in the expenditure by 

State, local and Tribal governments, in 

aggregate, or by the private sector, of 

$100 million or more in any one year. 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C. 601) 

It has been determined that this rule 

is not subject to the Regulatory 

Flexibility Act (5 U.S.C. 601) because it 

would not, if promulgated, have a 

significant economic impact on a 

substantial number of small entities. 

Public Law 95–511, ‘‘Paperwork 

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

It has been certified that 32 CFR part 

865 does not impose any additional 

reporting or recordkeeping requirements 

under the Paperwork Reduction Act of 

1995 (44 U.S.C. Chapter 35). Existing 

reporting and recordkeeping 

requirements approved under OMB 

Control Number 0704–0003, 

Application for Correction of Military 

Record Under the Provisions of Title 10, 

U.S. Code, Section 1552, will be used. 

Federalism (Executive Order 13132) 

It has been certified that 32 CFR Part 

865 does not have federalism 

implications, as set forth in Executive 

Order 13132. This rule does not have 

substantial direct effects on: 

(1) The States; 

(2) The relationship between the 

National Government and the States; or 

(3) The distribution of power and 

responsibilities among the various 

levels of government. 

List of Subjects in 32 CFR Part 865 

Administrative practices and 

procedures, Military personnel, 

Records. 

Accordingly, 32 CFR Part 865, 

Subpart A, is proposed to be revised to 

read as follows: 

PART 865—PERSONNEL REVIEW 

BOARDS 

1. The authority citation for 32 CFR 

part 865 continues to read as follows: 

Authority: 10 U.S.C. 1034, 1552.2. 

2. Revise Subpart A to read as follows: 

Subpart A—Air Force Board for Correction 

of Military Records 

Sec. 

865.0 Purpose. 

865.1 Setup of the Board. 

865.2 Board responsibilities. 

865.3 Application procedures. 

865.4 Board actions. 

865.5 Decision of the Secretary of the Air 

Force. 

865.6 Reconsideration of applications. 

865.7 Action after final decision. 

865.8 Miscellaneous provisions. 

Subpart A—Air Force Board for 

Correction of Military Records 

§ 865.0 Purpose. 

This subpart sets up procedures for 

correction of military records to remedy 

error or injustice. It tells how to apply 

for correction of military records and 

how the Air Force Board for Correction 


srobinson on DSKHWCL6B1PROD with PROPOSALS
34280 Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Proposed Rules 

1Available via the Internet at http:// 

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

705006p.pdf. 

of Military Records (AFBCMR, or the 

Board) considers applications. It defines 

the Board’s authority to act on 

applications. It directs collecting and 

maintaining information subject to the 

Privacy Act of 1974 authorized by 10 

U.S.C. 1034 and 1552. System of 

Records notice F035 SAFCB A, Military 

Records Processed by the Air Force 

Correction Board, applies. 

§ 865.1 Setup of the Board. 

The AFBCMR operates within the 

Office of the Secretary of the Air Force 

according to 10 U.S.C. 1552. The Board 

consists of civilians in the executive 

part of the Department of the Air Force 

who are appointed and serve at the 

pleasure of the Secretary of the Air 

Force. Three members constitute a 

quorum of the Board. 

§ 865.2 Board responsibilities. 

(a) Considering Applications. The 

Board considers all individual 

applications properly brought before it. 

In appropriate cases, it directs 

correction of military records to remove 

an error or injustice, or recommends 

such correction. 

(b) Recommending Action. When an 

applicant alleges reprisal under the 

Military Whistleblowers Protection Act, 

10 U.S.C. 1034, the Board may 

recommend to the Secretary of the Air 

Force that disciplinary or administrative 

action be taken against those 

responsible for the reprisal. 

(c) Deciding Cases. The Board 

normally decides cases on the evidence 

of the record. It is not an investigative 

body. However, the Board may, in its 

discretion, hold a hearing or call for 

additional evidence or opinions in any 

case. 

§ 865. 3 Application procedures. 

(a) Who May Apply: 

(1) In most cases, the applicant is a 

member or former member of the Air 

Force, since the request is personal to 

the applicant and relates to his or her 

military records. 

(2) An applicant with a proper 

interest may request correction of 

another person’s military records when 

that person is incapable of acting on his 

or her own behalf, is missing, or is 

deceased. Depending on the 

circumstances, a child, spouse, civilian 

employee or former civilian employee, 

former spouse, parent or other close 

relative, an heir, or a legal 

representative (such as a guardian or 

executor) of the member or former 

member may be able to show a proper 

interest. Applicants will send proof of 

proper interest with the application 

when requesting correction of another 

person’s military records. An 

application may be returned when 

proper interest has not been shown. 

(3) A member, former member, 

employee or former employee, 

dependent, and current or former 

spouse may apply to correct a document 

or other record of any other military 

matter that affects them (This does not 

include records pertaining to civilian 

employment matters). Applicants will 

send proof of the effect of the document 

or record upon them with the 

application when requesting a 

correction under this provision. 

(b) Getting Forms. Applicants may get 

a DD Form 149, ‘‘Application for 

Correction of Military Record Under the 

Provisions of Title 10, U.S.C., 1552,’’ 

and Air Force Pamphlet 36–2607, 

Applicants’ Guide to the Air Force 

Board for Correction of Military Records 

(AFBCMR), from: 

(1) Any Air Force Military Personnel 

Flight (MPF) or publications 

distribution office. 

(2) Most veterans’ service 

organizations. 

(3) The Air Force Review Boards 

Office, SAF/MRBR, 550 C Street West, 

Suite 40, Randolph AFB TX 78150– 

4742. 

(4) The AFBCMR, 1535 Command 

Drive, EE Wing 3rd Floor, Andrews AFB 

MD 20762–7002. 

(5) Thru the Internet at http://www.

dtic.mil/whs/directives/infomgt/forms/ 

eforms/dd0149.pdf (DD Form 149) and 

http://www.e-publishing.af.mil/shared/

media/epubs/AFPAM36–2607.pdf (Air 

Force Pamphlet 36–2607). 

(c) Preparation. Before applying, 

applicants should: 

(1) Review Air Force Pamphlet 36– 

2607. 

(2) Discuss their concerns with MPF, 

finance office, or other appropriate 

officials. Errors can often be corrected 

administratively without resort to the 

Board. 

(3) Exhaust other available 

administrative remedies (otherwise the 

Board may return the request without 

considering it). 

(d) Submitting the Application. 

Applicants should complete all 

applicable sections of the DD Form 149, 

including at least: 

(1) The name under which the 

member served. 

(2) The member’s social security 

number or Air Force service number. 

(3) The applicant’s current mailing 

address. 

(4) The specific records correction 

being requested. 

(5) Proof of proper interest if 

requesting correction of another 

person’s records. 

(6) The applicant’s original signature. 

(e) Applicants should mail the 

original signed DD Form 149 and any 

supporting documents to the Air Force 

address on the back of the form. 

(f) Meeting Time Limits. Ordinarily, 

applicants must file an application 

within 3 years after the error or injustice 

was discovered, or, with due diligence, 

should have been discovered. In 

accordance with Federal law, time on 

active duty is not included in the 3 year 

period. An application filed later is 

untimely and may be denied by the 

Board on that basis. 

(1) The Board may excuse untimely 

filing in the interest of justice. 

(2) If the application is filed late, 

applicants should explain why it would 

be in the interest of justice for the Board 

to waive the time limits. 

(g) Stay of Other Proceedings. 

Applying to the AFBCMR does not stay 

other proceedings. 

(h) Counsel Representation. 

Applicants may be represented by 

counsel, at their own expense. 

(1) The term ‘‘counsel’’ includes 

members in good standing of the bar of 

any State, accredited representatives of 

veterans’ organizations recognized 

under by the Secretary of Veterans 

Affairs pursuant to 38 U.S.C. 5902(a)(1), 

and other persons determined by the 

Executive Director of the Board to be 

competent to represent the interests of 

the applicant. 

(2) See DoDD 7050.06, Military 

Whistleblower Protection 1 and AFI 90– 

301, Inspector General Complaints 

Resolution, for special provisions for 

counsel in cases processed under 10 

U.S.C. 1034. 

(i) Page Limitations on Briefs. Briefs 

in support of applications: 

(1) May not exceed 25 double-spaced 

typewritten pages. 

(2) Must be typed on one side of a 

page only with not more than 12 

characters per inch. 

(3) Must be assembled in a manner 

that permits easy reproduction. 

(4) Responses to advisory opinions 

must not exceed 10 double-spaced 

typewritten pages and meet the other 

requirements for briefs. 

(5) These limitations do not apply to 

supporting documentary evidence. 

(6) In complex cases and upon 

request, the Executive Director of the 

Board may waive these limitations. 

(j) Withdrawing Applications. 

Applicants may withdraw an 

application at any time before the 

Board’s decision. Withdrawal does not 

stay the 3-year time limit. 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Proposed Rules 34281 

2Copies may be obtained via the Internet at 

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

705006p.pdf. 

(k) Authority to Reject Applications. 

The Executive Director may return an 

application without action, if, after 

consultation with legal counsel, he or 

she determines that the application is 

clearly frivolous, or the remedy that is 

requested is beyond the authority of the 

Board. This authority may not be 

delegated. 

§ 865.4 Board actions. 

(a) Board Information Sources. The 

applicant has the burden of providing 

sufficient evidence of material error or 

injustice. However, the Board: 

(1) May get additional information 

and advisory opinions on an application 

from any Air Force organization or 

official. 

(2) May ask the applicant to furnish 

additional information regarding 

matters before the Board. 

(b) Applicants will be given an 

opportunity to review and comment on 

advisory opinions and additional 

information obtained by the Board. 

They will also be provided with a copy 

of correspondence to or from the Air 

Force Review Boards Agency with an 

entity outside the Air Force Review 

Boards Agency in accordance with the 

provisions of 10 U.S.C. 1556. 

(c) Consideration by the Board. A 

panel consisting of at least three board 

members considers each application. 

One panel member serves as its chair. 

The panel’s actions and decisions 

constitute the actions and decisions of 

the Board. 

(d) The panel may decide the case in 

executive session or authorize a hearing. 

When a hearing is authorized, the 

procedures in § 865.4(f), of this part, 

apply. 

(e) Board Deliberations. Normally 

only members of the Board and Board 

staff will be present during 

deliberations. The panel chair may 

permit observers for training purposes 

or otherwise in furtherance of the 

functions of the Board. 

(f) Board Hearings. The Board in its 

sole discretion determines whether to 

grant a hearing. Applicants do not have 

a right to a hearing before the Board. 

(1) The Executive Director will notify 

the applicant or counsel, if any, of the 

time and place of the hearing. Written 

notice will be mailed 30 days in 

advance of the hearing unless the notice 

period is waived by the applicant. The 

applicant will respond not later than 15 

days before the hearing date, accepting 

or declining the offer of a hearing and, 

if accepting, provide information 

pertaining to counsel and witnesses. 

The Board will decide the case in 

executive session if the applicant 

declines the hearing or fails to appear. 

(2) When granted a hearing, the 

applicant may appear before the Board 

with or without counsel and may 

present witnesses. It is the applicant’s 

responsibility to notify witnesses, 

arrange for their attendance at the 

hearing, and pay any associated costs. 

(3) The panel chair conducts the 

hearing, maintains order, and ensures 

the applicant receives a full and fair 

opportunity to be heard. Formal rules of 

evidence do not apply, but the panel 

observes reasonable bounds of 

competency, relevancy, and materiality. 

Witnesses other than the applicant will 

not be present except when testifying. 

Witnesses will testify under oath or 

affirmation. A recorder will record the 

proceedings verbatim. The chair will 

normally limit hearings to 2 hours but 

may allow more time if necessary to 

ensure a full and fair hearing. 

(4) Additional provisions apply to 

cases processed under 10 U.S.C. 1034. 

See DoDD 7050.06, Military 

Whistleblower Protection 2, and AFI 90– 

301, Inspector General Complaints 

Resolution. 

(g) The Board will not deny or 

recommend denial of an application on 

the sole ground that the issue already 

has been decided by the Secretary of the 

Air Force or the President of the United 

States in another proceeding. 

(h) Board Decisions. The panel’s 

majority vote constitutes the action of 

the Board. The Board will make 

determinations on the following issues 

in writing: 

(1) Whether the provisions of the 

Military Whistleblowers Protection Act 

apply to the application. This 

determination is needed only when the 

applicant invokes the protection of the 

Act, or when the question of its 

applicability is otherwise raised by the 

evidence. 

(2) Whether the application was 

timely filed and, if not, whether the 

applicant has demonstrated that it 

would be in the interest of justice to 

excuse the untimely filing. When the 

Board determines that an application is 

not timely, and does not excuse its 

untimeliness, the application will be 

denied on that basis. 

(3) Whether the applicant has 

exhausted all available and effective 

administrative remedies. If the applicant 

has not, the application will be denied 

on that basis. 

(4) Whether the applicant has 

demonstrated the existence of a material 

error or injustice that can be remedied 

effectively through correction of the 

applicant’s military record and, if so, 

what corrections are needed to provide 

full and effective relief. 

(5) In Military Whistleblowers 

Protection Act cases only, whether to 

recommend to the Secretary of the Air 

Force that disciplinary or administrative 

action be taken against any Air Force 

official whom the Board finds to have 

committed an act of reprisal against the 

applicant. Any determination on this 

issue will not be made a part of the 

Board’s record of proceedings and will 

not be given to the applicant, but will 

be provided directly to the Secretary of 

the Air Force under separate cover (Sec 

865.2b, of this part). 

(i) Record of Proceedings. The Board 

staff will prepare a record of 

proceedings following deliberations 

which will include: 

(1) The name and vote of each Board 

member. 

(2) The application. 

(3) Briefs and written arguments. 

(4) Documentary evidence. 

(5) A hearing transcript if a hearing 

was held. 

(6) Advisory opinions and the 

applicant’s related comments. 

(7) The findings, conclusions, and 

recommendations of the Board. 

(8) Minority reports, if any. 

(9) Other information necessary to 

show a true and complete history of the 

proceedings. 

(j) Minority Reports. A dissenting 

panel member may prepare a minority 

report which may address any aspect of 

the case. 

(k) Separate Communications. The 

Board may send comments or 

recommendations to the Secretary of the 

Air Force as to administrative or 

disciplinary action against individuals 

found to have committed acts of reprisal 

prohibited by the Military 

Whistleblowers Protection Act and on 

other matters arising from an 

application not directly related to the 

requested correction of military records. 

Such comments and recommendations 

will be separately communicated and 

will not be included in the record of 

proceedings or given to the applicant or 

counsel. 

(l) Final Action by the Board. The 

Board acts for the Secretary of the Air 

Force and its decision is final when it: 

(1) Denies any application (except 

under 10 U.S.C. 1034). 

(2) Grants any application in whole or 

part when the relief was recommended 

by the official preparing the advisory 

opinion, was unanimously agreed to by 

the panel, and does not affect an 

appointment or promotion requiring 

confirmation by the Senate., and does 

not affect a matter for which the 


srobinson on DSKHWCL6B1PROD with PROPOSALS
34282 Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Proposed Rules 

Secretary of the Air Force or his or her 

delegee has withheld decision authority 

or required notification before final 

decision. 

(3) The Board sends the record of 

proceedings on all other applications to 

the Secretary of the Air Force or his or 

her designee for final decision. 

(m) The Board may identify DoD or 

Air Force policies, instructions, 

guidance or practices that are leading to, 

or likely to lead to unsound business 

decisions, unfair results, waste of 

government funds or public criticism. 

The Board will forward such 

observations directly to the appropriate 

offices of the Secretariat and/or Air Staff 

for review and evaluation. Such 

observations will not be included in the 

record of proceedings. 

§ 865.5 Decision of the Secretary of the Air 

Force. 

(a) The Secretary may direct such 

action as he or she deems appropriate 

on each case, including returning the 

case to the Board for further 

consideration. Cases returned to the 

Board for further reconsideration will be 

accompanied by a brief statement of the 

reasons for such action. If the Secretary 

does not accept the Board’s 

recommendation, the Secretary’s 

decision will be in writing and will 

include a brief statement of the grounds 

for his/her final decision. 

(b) Decisions in Cases Under the 

Military Whistleblowers Protection Act. 

The Secretary will issue decisions on 

such cases within 180 days after receipt 

of the case and will, unless the full 

relief requested is granted, inform 

applicants of their right to request 

review of the decision by the Secretary 

of Defense (SecDef). Applicants will 

also be informed: 

(1) Of the name and address of the 

official to whom the request for review 

must be submitted. 

(2) That the request for review must 

be submitted within 90 days after 

receipt of the decision by the Secretary 

of the Air Force. 

(3) That the request for review must 

be in writing and include the 

applicant’s name, address, and 

telephone number; a copy of the 

application to the AFBCMR and the 

final decision of the Secretary of the Air 

Force; and a statement of the specific 

reasons the applicant is not satisfied 

with the decision of the Secretary of the 

Air Force. 

(4) That the request must be based on 

the Board record; requests for review 

based on factual allegations or evidence 

not previously presented to the Board 

will not be considered under this 

paragraph but may be the basis for 

reconsideration by the Board under 

§ 865.6. 

(c) In cases under § 865.5(b) of this 

part which involve additional issues not 

cognizable under that paragraph, the 

additional issues may be considered 

separately by the Board under § 865.3 

and § 865.4 of this part. The special time 

limit in § 865.5 (b) does not apply to the 

decision concerning these additional 

issues. 

(d) Decisions in High Profile or 

Sensitive Cases. Prior to taking final 

action on a BCMR application that has 

generated, or is likely to generate, 

significant public or Congressional 

interest, the Secretarial designee will 

provide the case record of proceedings 

through Secretarial channels to OSAF so 

that the Secretary can determine 

whether to decide the case personally or 

take other action the Secretary deems 

appropriate. 

§ 865.6 Reconsideration of applications. 

(a) The Board may reconsider an 

application if the applicant submits 

newly discovered relevant evidence that 

was not reasonably available when the 

application was previously considered. 

The Executive Director or Team Chiefs 

will screen each request for 

reconsideration to determine whether it 

contains new evidence. New arguments 

about, or analysis of, evidence already 

considered, and additional statements 

which are cumulative to those already 

in the record of proceedings will not be 

considered new evidence. 

(b) If the request contains new 

evidence, the Executive Director or his/ 

her designee will refer it to a panel of 

the Board for a decision. The Board will 

decide the relevance and weight of any 

new evidence, whether it was 

reasonably available to the applicant 

when the application was previously 

considered, and whether it was 

submitted in a timely manner. The 

Board may deny reconsideration if the 

request does not meet the criteria for 

reconsideration. Otherwise the Board 

will reconsider the application and 

decide the case either on timeliness or 

merit as appropriate. 

(c) If the request does not contain new 

evidence, the Executive Director or his/ 

her designee will return it to the 

applicant without referral to the Board. 

§ 856.7 Action after final decision. 

(a) Action by the Executive Director. 

The Executive Director or his/her 

designee will inform the applicant or 

counsel, if any, of the final decision on 

the application. If any requested relief 

was denied, the Executive Director will 

advise the applicant of reconsideration 

procedures and, for cases processed 

under the Military Whistleblowers 

Protection Act, review by the SecDef. 

The Executive Director will send 

decisions requiring corrective action to 

the Chief of Staff, U.S. Air Force, for 

necessary action. 

(b) Settlement of Claims. The Air 

Force is authorized, under 10 U.S.C. 

1552, to pay claims for amounts due to 

applicants as a result of correction of 

military records. 

(1) The Executive Director will 

furnish the Defense Finance and 

Accounting Service (DFAS) with 

AFBCMR decisions potentially affecting 

monetary entitlement or benefits. DFAS 

will treat such decisions as claims for 

payment by or on behalf of the 

applicant. 

(2) DFAS settles claims on the basis 

of the corrected military record. 

Computation of the amount due, if any, 

is a function of DFAS. Applicants may 

be required to furnish additional 

information to DFAS to establish their 

status as proper parties to the claim and 

to aid in deciding amounts due. 

(3) Earnings received from civilian 

employment during any period for 

which active duty pay and allowances 

are payable will be deducted from the 

settlement. Amounts found due will be 

offset by the amount of any existing 

indebtedness to the government in 

compliance with the Debt Collection 

Act of 1982 or successor statutes. 

(c) Public Access to Decisions. After 

deletion of personal information, 

AFBCMR decisions will be made 

available for review and copying at an 

electronic public reading room. 

§ 865.8 Miscellaneous provisions. 

(a) At the request of the Board, all Air 

Force activities and officials will furnish 

the Board with: 

(1) All available military records 

pertinent to an application. 

(2) An advisory opinion concerning 

an application. The advisory opinion 

will include an analysis of the facts of 

the case and of the applicant’s 

contentions, a statement of whether or 

not the requested relief can be done 

administratively, and a recommendation 

on the timeliness and merit of the 

request. Regardless of the 

recommendation, the advisory opinion 

will include instructions on specific 

corrective action to be taken if the Board 

grants the application. 

(b) Access to Records. Applicants will 

have access to all records considered by 

the Board, except those classified or 

privileged. To the extent practicable, 

applicants will be provided unclassified 

or nonprivileged summaries or extracts 

of such records considered by the 

Board. 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Proposed Rules 34283 

(c) Payment of Expenses. The Air 

Force has no authority to pay expenses 

of any kind incurred by or on behalf of 

an applicant in connection with a 

correction of military records under 10 

U.S.C. 1034 or 1552. 

(d) Form Adopted: DD Form 149. 

Bao-Anh Trinh, 

Air Force Federal Register Liaison Officer. 

[FR Doc. E9–16338 Filed 7–14–09; 8:45 am] 

BILLING CODE 5001–05–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[USCG–2009–0118] 

RIN 1625–AA00 

Safety Zones; Annual Events 

Requiring Safety Zones in the Captain 

of the Port Sault Sainte Marie Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes 

establishment of safety zones for annual 

events in the Captain of the Port Sault 

Sainte Marie Zone. This proposed rule 

adds events not previously published in 

Coast Guard regulations. These safety 

zones are necessary to protect 

spectators, participants, and vessels 

from the hazards associated with 

fireworks displays or other events. 

DATES: Comments and related materials 

must reach the Coast Guard on or before 

August 14, 2009. 

ADDRESSES: You may submit comments 

identified by Coast Guard docket 

number USCG–2009–0118 using one of 

the following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call LCDR Christopher Friese, 

Prevention Dept. Chief, Sector Sault 

Sainte Marie, 337 Water St, Sault Sainte 

Marie, MI 49783; 906–635–3220. If you 

have questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted, 

without change, to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2009–0118), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (via http:// 

www.regulations.gov) or by fax, mail, or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online via http:// 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand delivery or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an e-mail address 

or a telephone number in the body of 

your document so that we can contact 

you if we have questions regarding your 

submission. 

To submit your comment online, go to 

http://www.regulations.gov, select the 

Advanced Docket Search option on the 

right side of the screen, insert ‘‘USCG– 

2009–0118’’ in the Docket ID box, press 

Enter, and then click on the balloon 

shape in the Actions column. If you 

submit your comments by mail or handdelivery, submit them in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying and electronic 

filing. If you submit comments by mail 

and would like to know that they 

reached the Facility, please enclose a 

stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material receiving during 

the comment period and may change 

the rule based on your comments. 

B. Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov select the 

Advanced Docket Search option on the 

right side of the screen, insert USCG– 

2009–0118 in the Docket ID box, press 

Enter, and then click on the item in the 

Docket ID column. You may also visit 

the Docket Management Facility in 

Room W12–140 on the ground floor of 

the Department of Transportation West 

Building, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. We have an 

agreement with the Department of 

Transportation to use the Docket 

Management Facility. 

C. Privacy Act 

Anyone can search the electronic 

form of all comments received into any 

of our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008 issue of the 

Federal Register (73 FR 3316). 

SUPPLEMENTARY INFORMATION: 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for a meeting by writing to Commander, 

Coast Guard Sector Sault Sainte Marie at 

the address under ADDRESSES explaining 

why one would be beneficial. If we 

determine that one would aid this 

rulemaking, we will hold one at a time 

and place announced by a later notice 

in the Federal Register. 

Background and Purpose 

We propose these safety zones to 

control vessel traffic within the 

immediate location of the fireworks 

launching area during annual fireworks 

displays. 

The Coast Guard proposes to establish 

7 permanent Safety Zones in the 

Captain of the Port Sault Sainte Marie 

zone. These safety zones are necessary 

to protect vessels and people from the 

hazards associated with fireworks 

displays or other events. Such hazards 

include obstructions to the waterway 

that may cause marine casualties and 

the explosive danger of fireworks and 

debris falling into the water that may 

cause death or serious bodily harm. 


srobinson on DSKHWCL6B1PROD with PROPOSALS