Personnel Review Board, 44536-44537 [05-15299]
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44536
Federal Register / Vol. 70, No. 148 / Wednesday, August 3, 2005 / Proposed Rules
(f) The text of this proposed paragraph
(f) is the same as the text of § 1.263A–
2T(f) published elsewhere in this issue
of the Federal Register.]
Department of the Army be published in
the Federal Register. The policies and
procedures covered by this part fall into
that category.
Mark E. Matthews,
Deputy Commissioner for Services and
Enforcement.
[FR Doc. 05–15362 Filed 8–2–05; 8:45 am]
B. Regulatory Flexibility Act
The Department of the Army has
determined that the Regulatory
Flexibility Act does not apply because
the proposed rule 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.
BILLING CODE 4830–01–P
DEPARTMENT OF DEFENSE
Department of the Army
32 CFR Part 581
RIN 0702–AA51
Personnel Review Board
Department of the Army, DoD.
Proposed rule.
AGENCY:
ACTION:
The Department of the Army
proposes to amend 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: Comments submitted to the
address below on or before September 2,
2005 will be considered.
ADDRESSES: You may submit comments,
identified by ‘‘32 CFR Part 581 and RIN
0702-AA51 in the subject line, by any of
the following methods:
• Federal Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-Mail:
Hubert.Shaw@hqda.army.mil. Include
32 CFR Part 581 and RIN 0702–AA51 in
the subject line of the message.
• Mail: The Army Review Boards
Agency, ATTN: Hubert S. Shaw, 1901
South Bell Street, 2nd Floor, Arlington,
Virginia 22202–4508.
FOR FURTHER INFORMATION CONTACT:
Hubert S. Shaw, 703–607–1779.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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
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15:21 Aug 02, 2005
Jkt 205001
C. Unfunded Mandates Reform Act
The Department of the Army has
determined that the Unfunded
Mandates Reform Act does not apply
because the proposed rule 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 proposed rule 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 proposed rule 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 proposed
rule 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
proposed rule 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 this
proposed rule does not apply.
I. Executive Order 13132 (Federalism)
The Department of the Army has
determined that according to the criteria
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Fmt 4702
Sfmt 4702
defined in Executive Order 13132 this
proposed rule does not apply because it
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 proposes to
amend § 581.3 of 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 that his
E:\FR\FM\03AUP1.SGM
03AUP1
Federal Register / Vol. 70, No. 148 / Wednesday, August 3, 2005 / Proposed Rules
next remedy is appeal to a court of
appropriate jurisdiction.
*
*
*
*
*
[FR Doc. 05–15299 Filed 8–2–05; 8:45 am]
BILLING CODE 3710–08–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[R10–OAR–2005–OR–0005; FRL–7944–2]
Approval and Promulgation of Air
Quality Implementation Plans; Oregon;
Correcting Amendments
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: In this action, EPA is
proposing to correct an error in the
notice which approved the removal of
Oregon’s control technology guidelines
for perchloroethylene (perc) dry
cleaning systems and related definitions
and provisions, published on December
1, 2004. Perc is a solvent commonly
used in dry cleaning, maskant
operations, and degreasing operations.
In the notice published on December 1,
2004 (69 FR 69823), EPA inadvertently
listed an incorrect State effective date in
the incorporation by reference section
which listed revised provisions of the
Oregon Administrative Rules. This
proposed action would correct the
erroneous date so that the appropriate
version of the Oregon Administrative
Rules is incorporated by reference.
DATES: Comments must be received on
or before September 2, 2005.
ADDRESSES: Submit your comments,
identified by Docket ID No. R10–OAR–
2005–OR–0005, by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• Agency Web Site: https://
www.epa.gov/edocket. EDOCKET, EPA’s
electronic public docket and comment
system, is EPA’s preferred method for
receiving comments. Follow the on-line
instructions for submitting comments.
• Mail: Colleen Huck, Office of Air,
Waste and Toxics, AWT–107, EPA,
Region 10, 1200 Sixth Ave., Seattle,
Washington 98101.
• Hand Delivery: Colleen Huck,
Office of Air, Waste and Toxics, AWT–
107, 9th Floor, EPA, Region 10, 1200
Sixth Ave., Seattle, Washington 98101.
Such deliveries are only accepted
during normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
VerDate jul<14>2003
15:21 Aug 02, 2005
Jkt 205001
Please see the direct final rule which
is located in the Rules section of this
Federal Register for detailed
instructions on how to submit
comments.
FOR FURTHER INFORMATION CONTACT:
Colleen Huck at telephone number:
(206) 553–1770, e-mail address:
Huck.Colleen@epa.gov, fax number:
(206) 553–0110, or the above EPA,
Region 10 address.
SUPPLEMENTARY INFORMATION: For
further information, please see the
direct final action, of the same title,
which is located in the Rules and
Regulations section of this Federal
Register. EPA is publishing this action
without prior proposal because EPA
views this as a noncontroversial
amendment and anticipates no adverse
comments. A detailed rationale for the
correction is set forth in the preamble to
the direct final rule. If EPA receives no
adverse comments, EPA will not take
further action on this proposed rule.
If EPA receives adverse comments,
EPA will withdraw the direct final rule
and it will not take effect. EPA will
address all public comments in a
subsequent final rule based on this
proposed rule. EPA will not institute a
second comment period on this action.
Any parties interested in commenting
on this action should do so at this time.
Please note that if we receive adverse
comment on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment.
Dated: July 18, 2005.
Julie M. Hagensen,
Acting Regional Administrator, Region 10.
[FR Doc. 05–15337 Filed 8–2–05; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 1 and 73
[MB Docket No. 05–210; FCC 05–120]
Revision of Procedures Governing
Amendments to FM Table of
Allotments and Changes of
Community of License in the Radio
Broadcast Services
Federal Communications
Commission.
ACTION: Notice of proposed rulemaking.
AGENCY:
SUMMARY: In this document, the
Commission adopted a Notice of
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44537
Proposed Rulemaking (NPRM), seeking
comment on a number of procedures
designed to streamline the process of
allocating new FM channels and
modifying the communities of license of
existing radio stations, and to reduce
current backlogs in proceedings to
amend the FM Table of Allotments. In
the NPRM, the Commission also
announced a freeze on all new petitions
to amend the FM Table of Allotments,
and announced its intention to open a
90-day window during which parties to
pending proceedings to amend the FM
Table of Allotments, in which Notices of
Proposed Rulemaking have been
released and comment and reply
comment deadlines have passed, may
universally settle all conflicts between
their proposals and/or
counterproposals, without limitation as
to reimbursement.
DATES: Comments may be filed no later
than October 3, 2005, and reply
comments may be filed no later than
November 1, 2005. Written comments
on the Paperwork Reduction Act
proposed information collection
requirements must be submitted by the
public, Office of Management and
Budget (OMB), and other interested
parties on or before October 3, 2005.
ADDRESSES: You may submit comments,
identified by MB Docket No. 05–210, by
any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Federal Communications
Commission’s Web Site: https://
www.fcc.gov/cgb/ecfs/. Follow the
instructions for submitting comments.
• E-mail: ecfs@fcc.gov. Include the
docket number in the subject line of the
message. See the SUPPLEMENTARY
INFORMATION section of this document
for detailed information on how to
submit comments by e-mail.
• Mail: 445 12th Street, SW.,
Washington, DC 20554.
• People with Disabilities: Contact
the FCC to request reasonable
accommodations (accessible format
documents, sign language interpreters,
CART, etc.) by e-mail: FCC504@fcc.gov
or phone: 202–418–0530 or TTY: 202–
418–0432.
For detailed instructions for
submitting comments and additional
information on the rulemaking process,
see the SUPPLEMENTARY INFORMATION
section of this document.
FOR FURTHER INFORMATION CONTACT:
Peter Doyle, Chief, Media Bureau,
Audio Division, (202) 418–2700;
Thomas Nessinger, Attorney-Advisor,
Media Bureau, Audio Division, (202)
418–2700.
E:\FR\FM\03AUP1.SGM
03AUP1
]]>Agencies
[Federal Register Volume 70, Number 148 (Wednesday, August 3, 2005)]
[Proposed Rules]
[Pages 44536-44537]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-15299]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Department of the Army
32 CFR Part 581
RIN 0702-AA51
Personnel Review Board
AGENCY: Department of the Army, DoD.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Department of the Army proposes to amend 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: Comments submitted to the address below on or before September
2, 2005 will be considered.
ADDRESSES: You may submit comments, identified by ``32 CFR Part 581 and
RIN 0702-AA51 in the subject line, by any of the following methods:
Federal Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
E-Mail: Hubert.Shaw@hqda.army.mil. Include 32 CFR Part 581
and RIN 0702-AA51 in the subject line of the message.
Mail: The Army Review Boards Agency, ATTN: Hubert S. Shaw,
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.
B. Regulatory Flexibility Act
The Department of the Army has determined that the Regulatory
Flexibility Act does not apply because the proposed rule 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 proposed rule 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 proposed rule 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 proposed rule 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 proposed rule 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 proposed rule 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 this proposed rule 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 this proposed rule does not
apply because it 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
proposes to amend Sec. 581.3 of 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 Sec. 581.3 by revising paragraphs (g)(4)(i) and (ii) to
read as follows:
Sec. 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 that his
[[Page 44537]]
next remedy is appeal to a court of appropriate jurisdiction.
* * * * *
[FR Doc. 05-15299 Filed 8-2-05; 8:45 am]
BILLING CODE 3710-08-P
