Personnel Review Board, 67367-67368 [05-22094]
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Federal Register / Vol. 70, No. 214 / Monday, November 7, 2005 / Rules and Regulations
before March 18, 2005, as published in
Parts II, III, and IV of the ‘‘2005 ACH
Rules: A Complete Guide to Rules &
Regulations Governing the ACH
Network’’:
(1) ACH Rule 1.1 (limiting the
applicability of the ACH Rules to
members of an ACH association);
(2) ACH Rule 1.2.2 (governing claims
for compensation);
(3) ACH Rule 1.2.4; 2.2.1.12;
Appendix Eight and Appendix Eleven
(governing the enforcement of the ACH
Rules, including self-audit
requirements);
(4) ACH Rules 2.2.1.10; 2.6; and 4.8
(governing the reclamation of benefit
payments);
(5) ACH Rule 9.3 and Appendix Two
(requiring that a credit entry be
originated no more than two banking
days before the settlement date of the
entry—see definition of ‘‘Effective Entry
Date’’ in Appendix Two);
(6) ACH Rule 2.10.2.3 (requiring that
originating depository financial
institutions (ODFIs) establish exposure
limits for Originators of Internetinitiated debit entries); and
(7) ACH Rule 2.11.3 (requiring
reporting regarding unauthorized
Telephone-initiated entries).
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I 3. Revise § 210.3(b) to read as follows:
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(b) Incorporation by reference—
applicable ACH Rules.
(1) This part incorporates by reference
the applicable ACH Rules, including
rule changes with an effective date on
or before March 18, 2005, as published
in Parts II, III, and IV of the ‘‘2005 ACH
Rules: A Complete Guide to Rules &
Regulations Governing the ACH
Network.’’ The Director of the Federal
Register approves this incorporation by
reference in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. Copies of the
‘‘2005 ACH Rules’’ are available from
NACHA—The Electronic Payments
Association, 13665 Dulles Technology
Drive, Suite 300, Herndon, Virginia
20171. Copies also are available for
public inspection at the Office of the
Federal Register, 800 North Capitol
Street, NW., Suite 700, Washington, DC
20002; and the Financial Management
Service, 401 14th Street, SW., Room
401, Washington, DC 20227.
(2) Any amendment to the applicable
ACH Rules that takes effect after March
18, 2005, shall not apply to Government
entries unless the Service expressly
accepts such amendment by publishing
notice of acceptance of the amendment
to this part in the Federal Register. An
amendment to the ACH Rules that is
accepted by the Service shall apply to
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14:35 Nov 04, 2005
Jkt 208001
Government entries on the effective date
of the rulemaking specified by the
Service in the Federal Register notice
expressly accepting such amendment.
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§ 210.6
[Amended]
4. Amend § 210.6 as follows:
a. Amend the first sentence of § 210.6
by deleting ‘‘7.7.2’’ and inserting
‘‘8.7.2.’’
I b. Amend paragraph (g) by deleting
‘‘3.4’’ and ‘‘3.10’’ and inserting ‘‘3.5’’
and ‘‘3.12,’’ respectively.
I c. Amend paragraph (h)(1) by deleting
‘‘3.6.1’’ and inserting ‘‘3.7.1.’’
I d. Amend paragraph (h)(2) by deleting
‘‘3.10’’ and inserting ‘‘3.12.’’
I e. Amend paragraph (i) by deleting
‘‘3.4’’ and ‘‘3.10’’ and inserting ‘‘3.5’’
and ‘‘3.12,’’ respectively.
I
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§ 210.8
[Amended]
5. Amend paragraph (b) introductory
text of § 210.8 by deleting ‘‘7.7.2’’ and
inserting ‘‘8.7.2.’’
I
Richard L. Gregg,
Commissioner.
[FR Doc. 05–22064 Filed 11–4–05; 8:45 am]
67367
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. The Department of the
Army received no responses to its notice
of proposed rule change published on
August 3, 2005; therefore, no
substantive changes were made to the
proposed rule.
B. Regulatory Flexibility Act
The Department of the Army has
determined that the Regulatory
Flexibility Act does not apply because
the rule change 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
32 CFR Part 581
The Department of the Army has
determined that the Unfunded
Mandates Reform Act does not apply
because the rule change 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.
RIN 0702–AA51
D. National Environmental Policy Act
Personnel Review Board
The Department of the Army has
determined that the National
Environmental Policy Act does not
apply because the rule change does not
have an adverse impact on the
environment.
BILLING CODE 4810–35–P
DEPARTMENT OF DEFENSE
Department of the Army
Assistant Secretary of the Army
for Manpower and Reserve Affairs, DoD.
ACTION: Final rule.
AGENCY:
SUMMARY: The Department of the Army
amends 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: Effective Date: December 7, 2005.
ADDRESSES: The Army Review Boards
Agency, ATTN: SFMR–RBR, 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
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E. Paperwork Reduction Act
The Department of the Army has
determined that the Paperwork
Reduction Act does not apply because
the rule change 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 rule change
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
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67368
Federal Register / Vol. 70, No. 214 / Monday, November 7, 2005 / Rules and Regulations
rule change 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 that
Executive Order 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 that
Executive Order does not apply because
the rule change 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.
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 the next
remedy is appeal to a court of
appropriate jurisdiction.
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[FR Doc. 05–22094 Filed 11–4–05; 8:45 am]
BILLING CODE 3710–08–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
Carl W.S. Chun,
Director, Army Board for Correction of
Military Records.
[USCG–2005–22853]
List of Subjects in 32 CFR Part 581
Drawbridge Operation Regulations;
Upper Mississippi River, Ft. Madison,
Burlington, and Dubuque, IA, and Rock
Island Arsenal, IL
RIN 1625–AA09
Administrative practice and
procedure, Archives and Records,
Military Personnel.
I For reasons stated in the preamble the
Department of the Army amends part
581 to read as follows:
PART 581—PERSONNEL REVIEW
BOARD
1. The authority citation for part 581
continues to read as follows:
I
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:
I
§ 581.3 Army Board for Correction of
Military Records.
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(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,
VerDate Aug<31>2005
14:35 Nov 04, 2005
Jkt 208001
Coast Guard, DHS.
Temporary Final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
temporarily revising the operating
regulations for the Ft. Madison
Drawbridge, mile 383.9, the Burlington
RR Drawbridge, mile 403.1, the Illinois
Central Railroad Drawbridge, mile
579.9, and the Rock Island Arsenal
Drawbridge, mile 482.9, all located
along the Upper Mississippi River. The
temporary revision established the
winter operating schedules for these
four drawbridges while still providing
for the reasonable needs of navigation.
DATES: This rule is effective from
December 15, 2005 through March 15,
2006.
Documents indicated in this
preamble as being available in the
docket are part of docket [USCG–2005–
22853] and are available for inspection
or copying at the Docket Management
Facility, U.S. Department of
Transportation, room PL–401, 400
Seventh Street, SW., Washington, DC,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
You may also find this docket on the
Internet at https://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call Mr.
Roger K. Wiebusch, Bridge
Administrator, (314) 539–3900,
extension 2378. If you have questions
ADDRESSES:
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on viewing the docket, call Andrea M.
Jenkins, Program Manager, Docket
Operations, telephone 202–366–0271.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of
proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the
Coast Guard finds that good cause exists
for not publishing an NPRM. Publishing
an NPRM, which would incorporate a
comment period before a final rule
could be issued, is unnecessary. The
closure of lock 19 (mile 364) by the
Army Corps of Engineers will reduce
the level of navigation on the waterway,
making the opening of these
drawbridges largely unnecessary.
Background and Purpose
The Rock Island Drawbridge is owned
by the U.S. Government (U.S. Army,
Rock Island Arsenal); the Ft. Madison
and Burlington Railroad Drawbridges
are owned by Burlington Northern Santa
Fe Railway; the Illinois Central Railroad
Drawbridge is owned by the Chicago,
Central and Pacific Railroad. Each
bridge owner wrote to the Coast Guard
and requested the proposed revisions in
order to conduct necessary maintenance
work. These are typical requests that
occur each winter. During the winter
months, the Army Corps of Engineers
will usually close one or more locks for
repair and when the locks are closed,
navigation ceases. The lock closures go
from mid-Dec until early to mid-March.
This lock closure presents bridge
owners with an opportunity for
conducting bridge repairs that would
render the bridges inoperable. The Coast
Guard generally requires the bridges to
return to operation by the date when the
Corps’ locks reopen.
Discussion of Rule
This rule temporarily amends section
117.671, allowing the Ft. Madison
Drawbridge, mile 383.9, the Burlington
RR Drawbridge, mile 403.1, and the
Illinois Central Railroad Drawbridge,
mile 579.9, to change from an open on
demand schedule to one requiring at
least 2 hours advance notice. It also
allows the Rock Island Arsenal
Drawbridge, mile 482.9, to remain in the
closed-to-navigation position. It also
adds temporary cross-references to
section 117.671 under the listings for
drawbridge regulations for Iowa and
Illinois.
Regulatory Evaluation
This rule is not a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
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]]>Agencies
[Federal Register Volume 70, Number 214 (Monday, November 7, 2005)]
[Rules and Regulations]
[Pages 67367-67368]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-22094]
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DEPARTMENT OF DEFENSE
Department of the Army
32 CFR Part 581
RIN 0702-AA51
Personnel Review Board
AGENCY: Assistant Secretary of the Army for Manpower and Reserve
Affairs, DoD.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of the Army amends 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: Effective Date: December 7, 2005.
ADDRESSES: The Army Review Boards Agency, ATTN: SFMR-RBR, 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. The Department
of the Army received no responses to its notice of proposed rule change
published on August 3, 2005; therefore, no substantive changes were
made to the proposed rule.
B. Regulatory Flexibility Act
The Department of the Army has determined that the Regulatory
Flexibility Act does not apply because the rule change 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 rule change 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 rule change 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 rule change 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 rule change 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
[[Page 67368]]
rule change 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 that Executive Order 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 that Executive Order does not
apply because the rule change 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.
0
For reasons stated in the preamble the Department of the Army amends
part 581 to read as follows:
PART 581--PERSONNEL REVIEW BOARD
0
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).
0
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.
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(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 the next
remedy is appeal to a court of appropriate jurisdiction.
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[FR Doc. 05-22094 Filed 11-4-05; 8:45 am]
BILLING CODE 3710-08-P
