Sale of Rental of Sexually Explicit Material on DoD Property (DoD Instruction 4105.70), 75091-75093 [05-24160]
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Federal Register / Vol. 70, No. 242 / Monday, December 19, 2005 / Proposed Rules
‘‘B. Short-Term Deferrals’’, first
paragraph of the column, last of the
paragraph, the language, ‘‘in year 10.’’ is
corrected to read ‘‘in Year 10.’’.
4. On page 57934, column 2, in the
preamble under the paragraph heading
‘‘2. Definition of Service Recipient
Stock’’, second paragraph of the
column, fourth line, the language,
‘‘provider stock may include American’’
is corrected to read ‘‘recipient stock may
include American’’.
5. On page 57937, column 1, in the
preamble under the paragraph heading
‘‘D. Restricted Property’’, second
paragraph of the column, line 21, the
language, ‘‘payment for purposes
section 409A,’’ is corrected to read
‘‘payment for purposes of section
409A,’’.
6. On page 57948, column 2, in the
preamble under the paragraph heading
‘‘E. Change in Ownership or Effective
Control of the Corporation’’, last
paragraph of the column, line 13, the
language, ‘‘3(g)(5)(iv)) or a change in the
ownership’’ is corrected to read
‘‘3(g)(5)(v)) or change in the
ownership’’.
7–8. On page 57948, column 3, in the
preamble under the paragraph heading
‘‘E. Change in Ownership or Effective
Control of the Corporation’’, first
paragraph of the column, line 2, the
language § 1.409A–3(g)(5)(vi) may be
applied by’’ is corrected to read’’
§ 1.409A–3(g)(5)(vii) may be applied
by’’.
9. On page 57953, column 1, in the
preamble under the ‘‘B. Effective
Dates—Calculation of Grandfathered
Amount’’, first paragraph, line 7, the
language, ‘‘set forth in Notice 2005–1,
Q&A–16.’’ is corrected to read ‘‘set forth
in Notice 2005–1, Q&A,–17.’’.
10. On page 57953, column 2, in the
preamble under the ‘‘B. Effective
Dates—Calculation of Grandfathered
Amount’’, first full paragraph, line 3, the
language, ‘‘contained in Notice 2005–1,
Q&A–16’’ is corrected to read
‘‘contained in Notice 2005–1, Q&A,-17’’.
§ 1.409A–1
[Corrected]
11. On page 57959, column 2,
§ 1.409A–1(b)(4)(i), line 5, the language,
‘‘election under § 1.409A–2(a)(4)) to’’ is
corrected to read ‘‘election under
§ 1.409A–2(a)(3)) to’’.
12. On page 57961, column 1,
§ 1.409A–1(b)(5)(iii)(B), last line of the
paragraph, the language, ‘‘service
provider stock.’’ is corrected to read
‘‘service recipient stock.’’.
13. On page 57961, column 2,
§ 1.409A–1(b)(5)(iii)(D)(1), line 25, the
language, ‘‘constitute service provider
stock with’’ is corrected to read
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‘‘constitute service recipient stock
with’’.
14. On page 57962, column 2,
§ 1.409A–1(b)(5)(iv)(B)(2)(iii), line 5, the
language, ‘‘(b)(5)(B)(iv)(1) of this
section, of an’’ is corrected to read
‘‘(b)(5)(iv)(B)(1) of this section, of an’’.
15. On page 57962, column 2,
§ 1.409A–1(b)(5)(iv)(B)(2)(iii), lines 5
and 6 from the bottom of the paragraph,
the language, ‘‘§ 1.409A–3(g)(5)(iv) or
§ 1.409A–3(g)(5)(vi) or make a public
offering of’’ is corrected to read
‘‘§ 1.409A–3(g)(5)(v) or § 1.409A–
3(g)(5)(vii) or make a public offering of’’.
16. On page 57962, column 3,
§ 1.409A–1(b)(5)(iv)(B)(3), line 9 from
the bottom of the paragraph, the
language, ‘‘the service provider stock to
which the’’ is corrected to read ‘‘the
service recipient stock to which the’’.
17. On page 57963, column 2,
§ 1.409A–1(b)(5)(v)(E), line 7, the
language, ‘‘exercised is not a material
modification’’ is corrected to read
‘‘exercised is not a modification’’.
18. On page 57963, column 2,
§ 1.409A–1(b)(5)(v)(E), line 13, the
language, ‘‘§ 1.409A–3(c). Additionally,
no’’. is corrected to read ‘‘§ 1.409A–3(h).
Additionally, no’’.
19. On page 57964, column 1,
§ 1.409A–1(b)(v)(J)(6)(ii), line 14, the
language, ‘‘purposes section 409A,
including for’’ is corrected to read
‘‘purposes of section 409A, including
for’’.
20. On page 57964, column 2,
§ 1.409A–1(b)(v)(J)(8)(ii)(B), line 7, the
language, ‘‘the compensation would
have been’’ is corrected to read ‘‘and the
compensation would have been’’.
21. On page 57965, column 1,
§ 1.409A–1(b)(v)(9)(iii)(A)(1), line 3, the
language, § 1.415–1(d)(2)) for services
provided to’’ is corrected to read
‘‘§ 1.415–2(d) for services provided to’’.
22. On page 57965, column 1,
§ 1409A–1(b)(v)(9)(iii)(A)(1), line 7, the
language, ‘‘1402(a)(1) for services
provided to the’’ is corrected to read
‘‘1402(a) for services provided to the’’.
23. On page 57968, column 1,
§ 1.409A–1(f)(3)(i)(C), last line of the
paragraph, the language, ‘‘sections
267(b)(1) and 707(b)(1).’’ is corrected to
read ‘‘sections 267(b) and 707(b)(1).’’.
24. On page 57969, column 1,
§ 1.409A–1(h)(2)(ii), line 2, the
language, ‘‘paragraph (b)(2) of this
section, the plan’’ is corrected to read
‘‘paragraph (h)(2)(i) of this section, the
plan’’.
25. On page 57969, column 1,
§ 1.409A–1(h)(2)(ii), lines 4 through 8,
the language, ‘‘described in paragraph
(a) of this section that no amounts
deferred under the plan be paid or made
available to the participant before the
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75091
participant has a separation from service
with the’’ is corrected to read
‘‘described in § 1.409A–3(a)(1) that
amounts deferred under the plan may be
paid or made available to the participant
upon a separation from service with
the’’.
§ 1.409A–2
[Corrected]
26. On page 57971, column 3,
§ 1.409A–2(a)(9), line 3, the language,
‘‘1(b)(9)(i)) due to an actual
involuntary’’ is corrected to read ‘‘1(m)
due to an actual involuntary’’.
27. On page 57973, column 1,
§ 1.409A–2(b)(3), line 5, the language,
‘‘contained in § 1.409A–3(c), the’’ is
corrected to read ‘‘contained in
§ 1.409A–3(h), the’’.
§ 1.409A–3
[Corrected]
28. On page 57975, column 3,
§ 1.409A–3(b), line 26, the language,
‘‘§ 1.409A–1(b)(4). An arrangement
may’’ is corrected to read ‘‘§ 1.409A–
2(b). An arrangement may’’.
29. On page 57977, column 2,
§ 1,409A–3(g)(3)(i), line 12 from the top
of the column, the language, ‘‘insurance,
for example, not as a result’’ is corrected
to read ‘‘insurance, for example, as a
result’’.
30. On page 57977, column 3,
1.409A–3(g)(4)(i)(A), line 6, the
language, ‘‘result in death or can be
expect to last’’ is corrected to read
‘‘result in death or can be expected to
last’’.
31. On page 57981, column 1,
§ 1.409A–3(h)(4)(viii)(B), line 6, the
language, ‘‘defined in § 1.409A–
2(g)(4)(i)). For’’. is corrected to read
‘‘defined in § 1.409A–3(g)(5)(i)). For’’.
Guy R. Traynor,
Federal Register Liaison, Publications and
Regulations Branch, Legal Processing
Division, Associate Chief Counsel (Procedure
and Administration).
[FR Doc. 05–24169 Filed 12–16–05; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 235
RIN 0790–AH86
Sale of Rental of Sexually Explicit
Material on DoD Property (DoD
Instruction 4105.70)
Department of Defense.
Proposed rule.
AGENCY:
ACTION:
SUMMARY: This rule proposes to revise
DoD regulations to prohibit the sale or
rental of sexually explicit material on
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75092
Federal Register / Vol. 70, No. 242 / Monday, December 19, 2005 / Proposed Rules
property under DoD jurisdiction. It
establishes responsibilities for
monitoring compliance, establishes a
review board to determine whether a
material offered for sale or rental is
sexually explicit as consistent with the
definition in 10 U.S.C. 2489a, and
delineates review board procedures.
DATES: Consideration will be given to all
comments received on or before
February 17, 2006.
ADDRESSES: Forward comments to
Deputy Under Secretary of Defense
(Military Community and Family
Policy), 4000 Defense Pentagon,
Washington, DC 20301–4000.
FOR FURTHER INFORMATION CONTACT:
Commander F. Stich, 703–602–4590.
SUPPLEMENTARY INFORMATION:
List of Subjects in 32 CFR Part 235
Business and industry, Concessions,
Government contracts, Military
personnel.
Accordingly, title 32 of the Code of
Federal Regulations is proposed to be
amended by revising Part 235 to read as
follows:
PART 235—SALE OR RENTAL OR
SEXUALLY EXPLICIT MATERIAL ON
DOD PROPERTY (DOD INSTRUCTION
4105.70)
Sec.
235.1
235.2
235.3
235.4
235.5
235.6
235.7
Purpose.
Applicability and scope.
Definitions.
Policy.
Responsibilities.
Procedures.
Information requirements.
Purpose.
This part:
(a) Revises 32 CFR part 235 under the
authority of the Secretary of Defense
memorandum dated November 14, 1996
and the Under Secretary of Defense
(USD (P&R)) memorandum dated
December 6, 1996.
(b) Implements 10 U.S.C. 2489a,
consistent with DoD Directive 1330.9 1,
by providing guidance about restrictions
on the sale or rental of sexually explicit
materials on property under the
jurisdiction of the Department of
Defense or by members of the Armed
Forces or DoD civilian officers or
employees, acting in their official
capacities.
§ 235.2
Applicability and scope.
This part:
(a) Applies to the Office of the
Secretary of Defense, the Military
1 Copies may be obtained at https://www.dtic.mil/
whs/directives/.
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17:15 Dec 16, 2005
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§ 235.3
Definitions.
Dominant Theme. A theme of any
material that is superior in power,
influence, and importance to all other
themes in the material combined.
Lascivious. Lewd and intended or
designed to elicit a sexual response.
Material. An audio recording, a film
or video recording, or a periodical with
visual depictions, produced in any
medium.
Property under the Jurisdiction of the
Department of Defense. Commissaries,
facilities operated by the Army and Air
Force Exchange Service, the Navy
Exchange Service Command, the Navy
Resale and Serves Support Office,
Marine Corps Exchanges, and ship
stores.
Sexually Explicit Material. Material,
the dominant theme of which is the
depiction or description of nudity,
including sexual or excretory activities
or organs, in a lascivious way.
§ 235.4
Authority: 10 U.S.C. 2489a.
§ 235.1
Departments, the Chairman of the Joint
Chiefs of Staff, the Combatant
Commands, the Office of the Inspector
General of the Department of Defense,
the Defense Agencies, the DoD Field
Activities, and all other organizational
entities within the Department of
Defense (hereafter referred to as the
‘‘DoD’’ Components.’’).
(b) Shall not confer rights on any
person.
Policy.
It is DoD policy that:
(a) No sexually explicit material may
be offered for sale or rental on property
under the DoD jurisdiction, and no
member of the Armed Forces or DoD
civilian officer or employee, acting in
his or her official capacity, shall offer
for sale or rental any sexually explicit
material.
(b) Material shall not be deemed
sexually explicit because of any message
or point of view expressed therein.
§ 235.5
Responsibilities.
(a) The Principal Deputy Under
Secretary of Defense for Personnel and
Readiness (PDUSD (P&R)), shall:
(1) Monitor and ensure compliance
with this part.
(2) Establish a Resale Activities Board
of Review (the ‘‘Board’’) and approve
senior representatives from the Army
and Air Force Exchange Service, the
Navy Exchange Service, and the Marine
Corps Exchange Service; and approve a
senior representative from each of the
Military Departments, if designated by
the Military Department concerned, to
serve as board members on the Resale
Activities Board.
(3) Appoint a Chair of the Resale
Activities Board of Review.
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(4) Monitor the activities of the Resale
Activities Board of Review and ensure
the Board discharges its responsibilities
as set forth in § 235.6.
(b) The Secretaries of the Military
Departments shall ensure their
respective component DoD resale
activities comply with this part and may
designate a senior representative to
serve on the Board.
(c) The Secretary of the Army and the
Secretary of the Air Force shall each
appoint one senior representative from
the Army and Air Force Exchange
Service to serve on the Board.
(d) The Secretary of the Navy shall
appoint a senior representative from the
Navy Exchange Service Command and a
senior representative from the Marine
Corps Exchange Service to serve on the
Board.
§ 235.6
Procedures.
(a) The Board shall have the authority
and responsibility periodically to
review material offered or to be offered
for sale or rental on property under DoD
jurisdiction, and to determine whether
any such material is sexually explicit in
accordance with this part.
(b) If the Board determines that any
material offered for sale or rental on
property under DoD jurisdiction is
sexually explicit, such material shall be
withdrawn from all retail outlets where
it is sold or rented and returned to
distributors or suppliers, and shall not
be purchased absent further action by
the Board.
(c) The Board shall convene as
necessary to determine whether any
material offered or to be offered for sale
or rental on property under DoD
jurisdiction is sexually explicit. The
Board members shall, to the extent
practicable, maintain and update
relevant information about material
offered or to be offered for sale or rental
on property under DoD jurisdiction.
(d) If any purchasing agent or manager
of a retail outlet has reason to believe
that material offered or to be offered for
sale or rental on property under DoD
jurisdiction may be sexually explicit as
defined herein, and such material is not
addressed by the Board’s instructions
issued under paragraph (e) of this
section, he or she shall request a
determination from the Board about
such material prior to purchase or as
soon as possible.
(e) At the conclusion of each review
and, as necessary, the Board shall
provide instructions to purchasing
agents and managers of retail outlets
about the purchase, withdrawal and
return of sexually explicit material. The
Board may also provide guidance to
purchasing agents and managers of
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Federal Register / Vol. 70, No. 242 / Monday, December 19, 2005 / Proposed Rules
retail outlets about material that it has
determined is not sexually explicit.
Purchasing agents and managers of
retail outlets shall continue to follow
their usual purchasing and stocking
practices unless instructed otherwise by
the Board.
(f) material which has been
determined by the Board to be sexually
explicit may be submitted for
reconsideration every 5 years. If
substantive changes in the publication
standards occur earlier, the purchasing
agent or manager of a retail outlet under
DoD jurisdiction may request a review.
§ 235.7
Information requirements.
The Chair, Resale Activities Board of
Review, shall submit to the PDUSD
(P&R) an annual report documenting the
activities, decisions, and membership of
the Board. Negative reports are required.
The annual report shall be due on
October 1st of each year. The annual
report required by this part is exempt
from licensing. Licensing requirements
are contained in DoD 8910.1–M.2
Dated: December 13, 2005.
L.M. Bynum,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 05–24160 Filed 12–16–05; 8:45 am]
BILLING CODE 5001–06–M
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2005–MO–0007; FRL–
8009–6]
Finding of Substantial Inadequacy of
Implementation Plan; Call for Missouri
State Implementation Plan Revision
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: Pursuant to our authority in
the Clean Air Act to call for plan
revisions, EPA is proposing to find that
the Missouri State Implementation Plan
for lead is substantially inadequate to
attain or maintain the National Ambient
Air Quality Standard for lead in the
portion of Jefferson County within the
city limits of Herculaneum, Missouri.
The specific State Implementation Plan
deficiencies, which form the basis for
this proposed finding, are described
below. If EPA finalizes this proposed
finding of substantial inadequacy,
Missouri will be required to revise its
State Implementation Plan to correct
these deficiencies by a date which will
2 See
footnote 1 Sec. 235.1(b).
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17:15 Dec 16, 2005
Jkt 208001
be specified in the final rule. If the state
fails to submit a revised State
Implementation Plan by the deadline, it
will be subject to sanctions under the
provisions of the Clean Air Act.
DATES: Comments must be received on
or before January 18, 2006.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R07–
OAR–2005–MO–0007, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. E-mail: algoe-eakin.amy@epa.gov.
3. Mail: Amy Algoe-Eakin,
Environmental Protection Agency, Air
Planning and Development Branch, 901
North 5th Street, Kansas City, Kansas
66101.
4. Hand Delivery or Courier. Deliver
your comments to: Amy Algoe-Eakin,
Environmental Protection Agency, Air
Planning and Development Branch, 901
North 5th Street, Kansas City, Kansas
66101.
Instructions: Direct your comments to
Docket ID No. EPA–R07–OAR–2005–
MO–0007. EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or e-mail. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an e-mail
comment directly to EPA without going
through www.regulations.gov, your email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket. All documents in the
electronic docket are listed in the
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75093
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically in www.regulations.gov or
in hard copy at the Environmental
Protection Agency, Air Planning and
Development Branch, 901 North 5th
Street, Kansas City, Kansas. EPA
requests that you contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The interested persons
wanting to examine these documents
should make an appointment with the
office at least 24 hours in advance.
FOR FURTHER INFORMATION CONTACT:
Amy Algoe-Eakin at (913) 551–7942 or
by e-mail at algoe-eakin.amy@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This section provides additional
information by addressing the following
questions:
What is the background for Doe RunHerculaneum?
What is the basis for the proposed finding?
How can Missouri correct the inadequacy
and when must the correction be
submitted?
What action is EPA proposing?
What is the background for Doe RunHerculaneum?
EPA established the National Ambient
Air Quality Standard (NAAQS) for lead
on October 5, 1978 (43 FR 46246). The
standard for lead is set at a level of 1.5
micrograms (µg) of lead per cubic meter
(m3) of air, averaged over a calendar
quarter.
During the 1980s and 1990s, Missouri
submitted and EPA approved a number
of SIP revisions for lead to address
ambient lead problems in various areas
of the state. One such area was in
Herculaneum, Missouri, which is the
site of the Doe Run primary lead
smelter. Doe Run-Herculaneum is the
largest and only currently operating
primary lead smelter in the United
States.
The city of Herculaneum was
designated nonattainment for lead in
1991 (40 CFR 81.326), pursuant to new
authorities provided by the Clean Air
Act Amendments of 1990 (CAA or Act),
and the state became subject to new
State Implementation Plan (SIP)
requirements in part D, Title I of the
Act, added by the 1990 amendments. A
revised SIP meeting the part D
requirements was subsequently
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]]>Agencies
[Federal Register Volume 70, Number 242 (Monday, December 19, 2005)]
[Proposed Rules]
[Pages 75091-75093]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-24160]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 235
RIN 0790-AH86
Sale of Rental of Sexually Explicit Material on DoD Property (DoD
Instruction 4105.70)
AGENCY: Department of Defense.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This rule proposes to revise DoD regulations to prohibit the
sale or rental of sexually explicit material on
[[Page 75092]]
property under DoD jurisdiction. It establishes responsibilities for
monitoring compliance, establishes a review board to determine whether
a material offered for sale or rental is sexually explicit as
consistent with the definition in 10 U.S.C. 2489a, and delineates
review board procedures.
DATES: Consideration will be given to all comments received on or
before February 17, 2006.
ADDRESSES: Forward comments to Deputy Under Secretary of Defense
(Military Community and Family Policy), 4000 Defense Pentagon,
Washington, DC 20301-4000.
FOR FURTHER INFORMATION CONTACT: Commander F. Stich, 703-602-4590.
SUPPLEMENTARY INFORMATION:
List of Subjects in 32 CFR Part 235
Business and industry, Concessions, Government contracts, Military
personnel.
Accordingly, title 32 of the Code of Federal Regulations is
proposed to be amended by revising Part 235 to read as follows:
PART 235--SALE OR RENTAL OR SEXUALLY EXPLICIT MATERIAL ON DOD
PROPERTY (DOD INSTRUCTION 4105.70)
Sec.
235.1 Purpose.
235.2 Applicability and scope.
235.3 Definitions.
235.4 Policy.
235.5 Responsibilities.
235.6 Procedures.
235.7 Information requirements.
Authority: 10 U.S.C. 2489a.
Sec. 235.1 Purpose.
This part:
(a) Revises 32 CFR part 235 under the authority of the Secretary of
Defense memorandum dated November 14, 1996 and the Under Secretary of
Defense (USD (P&R)) memorandum dated December 6, 1996.
(b) Implements 10 U.S.C. 2489a, consistent with DoD Directive
1330.9 \1\, by providing guidance about restrictions on the sale or
rental of sexually explicit materials on property under the
jurisdiction of the Department of Defense or by members of the Armed
Forces or DoD civilian officers or employees, acting in their official
capacities.
---------------------------------------------------------------------------
\1\ Copies may be obtained at https://www.dtic.mil/whs/
directives/.
---------------------------------------------------------------------------
Sec. 235.2 Applicability and scope.
This part:
(a) Applies to the Office of the Secretary of Defense, the Military
Departments, the Chairman of the Joint Chiefs of Staff, the Combatant
Commands, the Office of the Inspector General of the Department of
Defense, the Defense Agencies, the DoD Field Activities, and all other
organizational entities within the Department of Defense (hereafter
referred to as the ``DoD'' Components.'').
(b) Shall not confer rights on any person.
Sec. 235.3 Definitions.
Dominant Theme. A theme of any material that is superior in power,
influence, and importance to all other themes in the material combined.
Lascivious. Lewd and intended or designed to elicit a sexual
response.
Material. An audio recording, a film or video recording, or a
periodical with visual depictions, produced in any medium.
Property under the Jurisdiction of the Department of Defense.
Commissaries, facilities operated by the Army and Air Force Exchange
Service, the Navy Exchange Service Command, the Navy Resale and Serves
Support Office, Marine Corps Exchanges, and ship stores.
Sexually Explicit Material. Material, the dominant theme of which
is the depiction or description of nudity, including sexual or
excretory activities or organs, in a lascivious way.
Sec. 235.4 Policy.
It is DoD policy that:
(a) No sexually explicit material may be offered for sale or rental
on property under the DoD jurisdiction, and no member of the Armed
Forces or DoD civilian officer or employee, acting in his or her
official capacity, shall offer for sale or rental any sexually explicit
material.
(b) Material shall not be deemed sexually explicit because of any
message or point of view expressed therein.
Sec. 235.5 Responsibilities.
(a) The Principal Deputy Under Secretary of Defense for Personnel
and Readiness (PDUSD (P&R)), shall:
(1) Monitor and ensure compliance with this part.
(2) Establish a Resale Activities Board of Review (the ``Board'')
and approve senior representatives from the Army and Air Force Exchange
Service, the Navy Exchange Service, and the Marine Corps Exchange
Service; and approve a senior representative from each of the Military
Departments, if designated by the Military Department concerned, to
serve as board members on the Resale Activities Board.
(3) Appoint a Chair of the Resale Activities Board of Review.
(4) Monitor the activities of the Resale Activities Board of Review
and ensure the Board discharges its responsibilities as set forth in
Sec. 235.6.
(b) The Secretaries of the Military Departments shall ensure their
respective component DoD resale activities comply with this part and
may designate a senior representative to serve on the Board.
(c) The Secretary of the Army and the Secretary of the Air Force
shall each appoint one senior representative from the Army and Air
Force Exchange Service to serve on the Board.
(d) The Secretary of the Navy shall appoint a senior representative
from the Navy Exchange Service Command and a senior representative from
the Marine Corps Exchange Service to serve on the Board.
Sec. 235.6 Procedures.
(a) The Board shall have the authority and responsibility
periodically to review material offered or to be offered for sale or
rental on property under DoD jurisdiction, and to determine whether any
such material is sexually explicit in accordance with this part.
(b) If the Board determines that any material offered for sale or
rental on property under DoD jurisdiction is sexually explicit, such
material shall be withdrawn from all retail outlets where it is sold or
rented and returned to distributors or suppliers, and shall not be
purchased absent further action by the Board.
(c) The Board shall convene as necessary to determine whether any
material offered or to be offered for sale or rental on property under
DoD jurisdiction is sexually explicit. The Board members shall, to the
extent practicable, maintain and update relevant information about
material offered or to be offered for sale or rental on property under
DoD jurisdiction.
(d) If any purchasing agent or manager of a retail outlet has
reason to believe that material offered or to be offered for sale or
rental on property under DoD jurisdiction may be sexually explicit as
defined herein, and such material is not addressed by the Board's
instructions issued under paragraph (e) of this section, he or she
shall request a determination from the Board about such material prior
to purchase or as soon as possible.
(e) At the conclusion of each review and, as necessary, the Board
shall provide instructions to purchasing agents and managers of retail
outlets about the purchase, withdrawal and return of sexually explicit
material. The Board may also provide guidance to purchasing agents and
managers of
[[Page 75093]]
retail outlets about material that it has determined is not sexually
explicit. Purchasing agents and managers of retail outlets shall
continue to follow their usual purchasing and stocking practices unless
instructed otherwise by the Board.
(f) material which has been determined by the Board to be sexually
explicit may be submitted for reconsideration every 5 years. If
substantive changes in the publication standards occur earlier, the
purchasing agent or manager of a retail outlet under DoD jurisdiction
may request a review.
Sec. 235.7 Information requirements.
The Chair, Resale Activities Board of Review, shall submit to the
PDUSD (P&R) an annual report documenting the activities, decisions, and
membership of the Board. Negative reports are required. The annual
report shall be due on October 1st of each year. The annual report
required by this part is exempt from licensing. Licensing requirements
are contained in DoD 8910.1-M.\2\
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\2\ See footnote 1 Sec. 235.1(b).
Dated: December 13, 2005.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 05-24160 Filed 12-16-05; 8:45 am]
BILLING CODE 5001-06-M
