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]
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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which provisions will be withdrawn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
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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
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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
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]]>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.
-----------------------------------------------------------------------
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
