Policies and Responsibilities for Implementation of SECNAVINST 7220.85, Notice of Back Pay for Members of the Navy and Marine Corps Selected for Promotion While Interned as Prisoners of War (POW) During World War II, 1671-1672 [05-411]

Download as PDF Federal Register / Vol. 70, No. 6 / Monday, January 10, 2005 / Rules and Regulations 566–1744, and the telephone number for the Air Docket is (202) 566–1742. FOR FURTHER INFORMATION CONTACT: Mr. Steve Fruh, Emission Standards Division (C439–02), Office of Air Quality Planning and Standards, Environmental Protection Agency, Research Triangle Park, NC 27711, telephone number (919) 541–2837, fax number (919) 541–3207, e-mail address: fruh.steve@epa.gov. SUPPLEMENTARY INFORMATION: On October 13, 2004, we published a direct final rule (69 FR 60813) and a parallel proposal (69 FR 60837) amending the NESHAP for pushing, quenching, and battery stacks at new and existing coke oven batteries (40 CFR part 63, subpart CCCCC). The direct final rule amendments added provisions for a control system not covered by the existing rule, adjusted the parametric operating limits and associated compliance requirements for capture systems used to control pushing emissions, and adjusted the operation and maintenance requirements for capture systems in 40 CFR 63.7300(c)(1). We stated in the preamble to the direct final rule and parallel proposal that if we received significant adverse comments by November 12, 2004 (or by November 29, 2004 if a public hearing was requested), on one or more distinct provisions of the direct final rule, we would publish a timely notice in the Federal Register specifying which provisions will become effective and which provisions will be withdrawn due to adverse comment. We subsequently received adverse comments from one commenter on the amendments to the operation and maintenance requirements for capture systems in 40 CFR 63.7300(c)(1). The direct final amendments to 40 CFR 63.7300(c)(1) included: • 40 CFR 63.7300(c)(1), which required completion of repairs within 30 days except as allowed in paragraphs (c)(1)(i) and (ii); • 40 CFR 63.7300(c)(1)(i), which required the facility to notify the permitting authority if the repair could be completed within 60 days; and • 40 CFR 63.7300(c)(1)(ii), which required the facility to request an extension if the repair could not be completed within 60 days. Accordingly, we are withdrawing all amendments to 40 CFR 63.7300(c)(1). The amendments are withdrawn as of January 10, 2005. We will take final action on the proposed rule after considering the comment received. We will not institute a second comment period on this action. The provisions for VerDate jul<14>2003 12:42 Jan 07, 2005 Jkt 205001 which we did not receive adverse comment will become effective on January 11, 2005, as provided in the preamble to the direct final rule. 1671 20380–1775 / 1–866–472–7139] or Commander, Navy Personnel (PERS 62) [Retired Activities Branch-62, 5720 Integrity Drive, Millington, Tennessee 38055 / (901) 874–4396]. List of Subjects in 40 CFR Part 63 SUPPLEMENTARY INFORMATION: Floyd D. Environmental protection, Air Spence National Defense Authorization pollution control, Hazardous Act for Fiscal Year 2001, sec. 667 (Pub. substances, Reporting and L. 106–398), directed the DON to pay, recordkeeping requirements. from currently available appropriations, back pay to persons interned during Dated: January 4, 2005. World War II, who were selected for Jeffrey R. Holmstead, promotion but not available to accept Assistant Administrator for Air and the promotion. The Act authorizes Radiation. payment to the former member or a I Accordingly, the Amendment to 40 surviving spouse of the deceased former CFR 63.7300 (c) (1), published in the member. If there is no surviving spouse Federal Register on October 13, 2004 (69 of the deceased former member, no FR 60813) which was to become effective claim may be paid. January 11, 2005 is withdrawn. The amount of back pay payable is the amount equal to the difference between: [FR Doc. 05–423 Filed 1–7–05; 8:45 am] (1) The total amount of basic pay that BILLING CODE 6560–50–P would have been paid if the person had been promoted to the grade to which selected; and DEPARTMENT OF DEFENSE (2) The total amount of basic pay that was actually paid. Department of the Navy The back pay computation period is RIN 0703–ZA00 the period: (1) Beginning on the date as of when Policies and Responsibilities for that person’s promotion would have Implementation of SECNAVINST been effective for pay purposes but for 7220.85, Notice of Back Pay for the person’s internment as a POW; and Members of the Navy and Marine (2) Ending on the earliest of: Corps Selected for Promotion While (a) The date of the person’s discharge Interned as Prisoners of War (POW) or release from active duty; During World War II (b) The date on which the person’s promotion to that grade in fact became AGENCY: Department of the Navy, DoD. effective for pay purposes; or ACTION: Policy statement. (c) The end of World War II. To be eligible for payment, claims SUMMARY: The Department of the Navy must be postmarked within 2 years of (DON) hereby gives notice of publication in the Federal Register. implementing its instruction (SECNAVINST 7220.85), an internal Definitions regulation that establishes the a. World War II. The period of time responsibilities and procedures within beginning on December 7, 1941, and DON regarding the payment of back pay ending on December 31, 1946, as to any person who, by reason of being defined in 38 U.S.C. 101(8). interned as a POW while serving as a b. Surviving spouse. A husband or member of the Navy or Marine Corps wife by lawful marriage who out lives during World War II (WW II), was not the other spouse. available to accept a promotion for which the person had been selected. Policy DATES: This rule is effective until a. DON will take action to ensure that January 10, 2007. the benefits and eligibility for benefits ADDRESSES: The WW II Prisoner of War are widely publicized and that all Promotion Back Pay Application and all persons eligible for payment are pertinent information should be mailed afforded an opportunity to apply. to Headquarters, U.S. Marine Corps, 2 Notification will be made through all Navy Annex, RFF–F10, Washington, DC appropriate means such as 20380–1775 or Commander, Navy organizational newsletters, Internet Personnel Command (PERS 62), 5720 websites, published media, and retiree Integrity Drive, Millington, TN 38055. correspondence. b. While there is no requirement to FOR FURTHER INFORMATION CONTACT: submit a POW Promotion Back Pay Deputy Commandant of the Marine Application, eligible veterans or Corps for Programs & Resources, surviving spouses must provide the [Headquarters, U.S. Marine Corps, 2 Navy Annex, RFF–F10, Washington, DC information requested on the POW PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\10JAR1.SGM 10JAR1 1672 Federal Register / Vol. 70, No. 6 / Monday, January 10, 2005 / Rules and Regulations Promotion Back Pay Application to the appropriate service point of contact. c. Notwithstanding any power of attorney, assignment of interest, contract, or other agreement, actual disbursement of a payment under this instruction shall be made only to a person who is eligible as described in the first paragraph of the SUPPLEMENTARY INFORMATION. d. Notwithstanding any contract, the representative of any eligible person may not receive, for services rendered in connection with the claim of, or with respect to, a person under this instruction, more than 10 percent of the amount of a payment on that claim. Responsibilities The Under Secretary of the Navy establishes program policy. To support the Under Secretary, the following responsibilities are assigned to the Deputy Commandant of the Marine VerDate jul<14>2003 12:42 Jan 07, 2005 Jkt 205001 Corps for Programs and Resources (RFF) and Commander, Navy Personnel Command (PERS 62) who shall, for their respective Services: a. Develop program policy and procedures to ensure payment of back pay is made within 18 months of receiving a valid claim; b. Provide oversight of program implementation; c. Serve as the focal point inside and outside of their Service for all matters pertaining to the payment of back pay for persons eligible under this regulation; d. Coordinate service-wide efforts to notify eligible persons; e. Track and perform follow-up on all applications under this regulation. Action Deputy Commandant of the Marine Corps for Programs & Resources (RFF), and Commander, Navy Personnel PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 Command (PERS 62) will publicize this entitlement through various media resources, compile requests, verify eligibility, compute entitlement, and coordinate with Defense Finance Accounting Service (DFAS) to disburse payments for Marine Corps and Navy claims, respectively, for all claims for POW back pay resulting from SECNAVINST 7220.85. The Department of the Navy has determined that this regulation is not a significant rule as defined by Executive Order 12866 and is not subject to the relevant provisions of the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)). Dated: December 28, 2004. J.H. Wagshul, Commander, Judge Advocate General’s Corps, U.S. Navy, Federal Register Liaison Officer. [FR Doc. 05–411 Filed 1–7–05; 8:45 am] BILLING CODE 3810–FF–P E:\FR\FM\10JAR1.SGM 10JAR1

Agencies

[Federal Register Volume 70, Number 6 (Monday, January 10, 2005)]
[Rules and Regulations]
[Pages 1671-1672]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-411]


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DEPARTMENT OF DEFENSE

Department of the Navy

RIN 0703-ZA00


Policies and Responsibilities for Implementation of SECNAVINST 
7220.85, Notice of Back Pay for Members of the Navy and Marine Corps 
Selected for Promotion While Interned as Prisoners of War (POW) During 
World War II

AGENCY: Department of the Navy, DoD.

ACTION: Policy statement.

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SUMMARY: The Department of the Navy (DON) hereby gives notice of 
implementing its instruction (SECNAVINST 7220.85), an internal 
regulation that establishes the responsibilities and procedures within 
DON regarding the payment of back pay to any person who, by reason of 
being interned as a POW while serving as a member of the Navy or Marine 
Corps during World War II (WW II), was not available to accept a 
promotion for which the person had been selected.

DATES: This rule is effective until January 10, 2007.

ADDRESSES: The WW II Prisoner of War Promotion Back Pay Application and 
all pertinent information should be mailed to Headquarters, U.S. Marine 
Corps, 2 Navy Annex, RFF-F10, Washington, DC 20380-1775 or Commander, 
Navy Personnel Command (PERS 62), 5720 Integrity Drive, Millington, TN 
38055.

FOR FURTHER INFORMATION CONTACT: Deputy Commandant of the Marine Corps 
for Programs & Resources, [Headquarters, U.S. Marine Corps, 2 Navy 
Annex, RFF-F10, Washington, DC 20380-1775 / 1-866-472-7139] or 
Commander, Navy Personnel (PERS 62) [Retired Activities Branch-62, 5720 
Integrity Drive, Millington, Tennessee 38055 / (901) 874-4396].

SUPPLEMENTARY INFORMATION: Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001, sec. 667 (Pub. L. 106-398), 
directed the DON to pay, from currently available appropriations, back 
pay to persons interned during World War II, who were selected for 
promotion but not available to accept the promotion. The Act authorizes 
payment to the former member or a surviving spouse of the deceased 
former member. If there is no surviving spouse of the deceased former 
member, no claim may be paid.
    The amount of back pay payable is the amount equal to the 
difference between:
    (1) The total amount of basic pay that would have been paid if the 
person had been promoted to the grade to which selected; and
    (2) The total amount of basic pay that was actually paid.
    The back pay computation period is the period:
    (1) Beginning on the date as of when that person's promotion would 
have been effective for pay purposes but for the person's internment as 
a POW; and
    (2) Ending on the earliest of:
    (a) The date of the person's discharge or release from active duty;
    (b) The date on which the person's promotion to that grade in fact 
became effective for pay purposes; or
    (c) The end of World War II.
    To be eligible for payment, claims must be postmarked within 2 
years of publication in the Federal Register.
Definitions
    a. World War II. The period of time beginning on December 7, 1941, 
and ending on December 31, 1946, as defined in 38 U.S.C. 101(8).
    b. Surviving spouse. A husband or wife by lawful marriage who out 
lives the other spouse.
Policy
    a. DON will take action to ensure that the benefits and eligibility 
for benefits are widely publicized and that all persons eligible for 
payment are afforded an opportunity to apply. Notification will be made 
through all appropriate means such as organizational newsletters, 
Internet websites, published media, and retiree correspondence.
    b. While there is no requirement to submit a POW Promotion Back Pay 
Application, eligible veterans or surviving spouses must provide the 
information requested on the POW

[[Page 1672]]

Promotion Back Pay Application to the appropriate service point of 
contact.
    c. Notwithstanding any power of attorney, assignment of interest, 
contract, or other agreement, actual disbursement of a payment under 
this instruction shall be made only to a person who is eligible as 
described in the first paragraph of the SUPPLEMENTARY INFORMATION.
    d. Notwithstanding any contract, the representative of any eligible 
person may not receive, for services rendered in connection with the 
claim of, or with respect to, a person under this instruction, more 
than 10 percent of the amount of a payment on that claim.
Responsibilities
    The Under Secretary of the Navy establishes program policy. To 
support the Under Secretary, the following responsibilities are 
assigned to the Deputy Commandant of the Marine Corps for Programs and 
Resources (RFF) and Commander, Navy Personnel Command (PERS 62) who 
shall, for their respective Services:
    a. Develop program policy and procedures to ensure payment of back 
pay is made within 18 months of receiving a valid claim;
    b. Provide oversight of program implementation;
    c. Serve as the focal point inside and outside of their Service for 
all matters pertaining to the payment of back pay for persons eligible 
under this regulation;
    d. Coordinate service-wide efforts to notify eligible persons;
    e. Track and perform follow-up on all applications under this 
regulation.
Action
    Deputy Commandant of the Marine Corps for Programs & Resources 
(RFF), and Commander, Navy Personnel Command (PERS 62) will publicize 
this entitlement through various media resources, compile requests, 
verify eligibility, compute entitlement, and coordinate with Defense 
Finance Accounting Service (DFAS) to disburse payments for Marine Corps 
and Navy claims, respectively, for all claims for POW back pay 
resulting from SECNAVINST 7220.85.
    The Department of the Navy has determined that this regulation is 
not a significant rule as defined by Executive Order 12866 and is not 
subject to the relevant provisions of the Regulatory Flexibility Act of 
1980 (5 U.S.C. 605(b)).

    Dated: December 28, 2004.
J.H. Wagshul,
Commander, Judge Advocate General's Corps, U.S. Navy, Federal Register 
Liaison Officer.
[FR Doc. 05-411 Filed 1-7-05; 8:45 am]
BILLING CODE 3810-FF-P