Air Force Academy Preparatory School, 38039-38042 [E7-13250]
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Federal Register / Vol. 72, No. 133 / Thursday, July 12, 2007 / Proposed Rules
conduct that consists only of lascivious
exhibition of the genitals or pubic area
of a person, and contains no other
sexually explicit conduct, whose
original production date was prior to
July 27, 2006.
4. Amend § 75.6 by adding a new
sentence at the end of paragraph (a) and
revising paragraph (b)(2), to read as
follows:
§ 75.6 Statement describing location of
books and records.
(a) * * * In this paragraph, the term
‘copy’ includes every page of a Web site
on which a visual depiction of an actual
human being engaged in actual sexually
explicit conduct appears.
(b) * * *
(2) The date of original production of
the matter; and,
*
*
*
*
*
5. Amend § 75.8 by revising paragraph
(d) to read as follows:
§ 75.8
Location of the statement.
*
*
*
*
*
(d) A computer site or service or Web
address containing a digitally- or
computer-manipulated image, digital
image, or picture, shall contain the
required statement on every page of a
Web site on which a visual depiction of
an actual human being engaged in
actual sexually explicit conduct
appears.
*
*
*
*
*
Dated: July 5, 2007.
Alberto R. Gonzales,
Attorney General.
[FR Doc. E7–13500 Filed 7–11–07; 8:45 am]
BILLING CODE 4410–14–P
DEPARTMENT OF DEFENSE
Department of the Air Force
32 CFR Part 903
[Docket No. USAF–2007–0001]
RIN: 0701–AA72
Air Force Academy Preparatory School
DoD, USAF.
Proposed rule.
AGENCY:
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ACTION:
SUMMARY: This proposed rule tells how
to apply for the Air Force Academy
Preparatory School. It also explains the
procedures for selection, disenrollment,
and assignment. This rule has been
updated to identify USAFA’s revised
mission statement and the authority,
add responsibilities, new selection
criteria, and updates of associated Air
Force Instructions.
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Interested parties should submit
written comments on or before
September 10, 2007.
DATES:
You may submit comments,
identified by docket number and or RIN
number and title, by any of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Federal Docket Management
System Office, 1160 Defense Pentagon,
Washington, DC 20301–1160.
Instructions: All submissions received
must include the agency name and
docket number or Regulatory
Information Number (RIN) for this
Federal Register document. The general
policy for comments and other
submissions from members of the public
is to make these submissions available
for public viewing on the Internet at
https://www.regulations.gov as they are
received without change, including any
personal identifiers or contact
information.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Mr.
Scotty Ashley at (703) 695–3594,
scotty.Ashley@pentagon.af.mil.
38039
Public Law 96–354, ‘‘Regulatory
Flexibility Act’’ (5 U.S.C. 601)
It has been determined that this rule
is not subject to the Regulatory
Flexibility Act (5 U.S.C. 601) because it
would not, if promulgated, have a
significant economic impact on a
substantial number of small entities.
This rule * * *.
Public Law 95–511, ‘‘Paperwork
Reduction Act’’ (44 U.S.C. Chapter 35)
It has been certified that 32 CFR part
903 does not impose any reporting or
recordkeeping requirements under the
Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35).
Federalism (Executive Order 13132)
It has been certified that 32 CFR part
903 does not have federalism
implications, as set forth in Executive
Order 13132. This rule does not have
substantial direct effects on:
(1) The States;
(2) The relationship between the
National Government and the States; or
(3) The distribution of power and
responsibilities among the various
levels of government.
List of Subjects in 32 CFR Part 903
SUPPLEMENTARY INFORMATION:
Executive Order 12866, ‘‘Regulatory
Planning and Review’’
It has been determined that 32 CFR
part 903 is not a significant regulatory
action. This rule does not:
(1) Have an annual effect on the
economy of $100 million or more or
adversely affect in a material way the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
state, local, or tribal governments or
communities;
(2) Create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
(3) Materially alter the budgetary
impact of entitlements, grants, user fees,
or loan programs, or the rights and
obligations of the recipients thereof; or
(4) Raise novel legal or policy issues
arising out of legal mandates, the
President’s priorities, or the principles
set forth in this Executive Order.
Military academy, Military personnel.
Therefore, for the reasons set forth in
the preamble, 32 CFR part 903 is
proposed to be revised to read as
follows:
PART 903—AIR FORCE ACADEMY
PREPARATORY SCHOOL
Sec.
903.1 Mission and responsibilities.
903.2 Eligibility requirements.
903.3 Selection criteria.
903.4 Application process and procedures.
903.5 Reserve enlistment procedures.
903.6 Reassignment of Air Force members
to become cadet candidates at the
Preparatory School.
903.7 Reassignment of cadet candidates
who graduate from the Preparatory
School with an appointment to U.S. Air
Force Academy (USAFA).
903.8 Cadet candidate disenrollment.
903.9 Cadet records and reassignment
forms.
903.10 Information collections, records, and
forms or information management tools
(IMTS).
Unfunded Mandates Reform Act (Sec.
202, Pub. L. 104–4)
Authority: 5 U.S.C. 301, 10 U.S.C. 8013,
and 10 U.S.C. 9331 (except as otherwise
noted).
It has been certified the 32 CFR part
903 does not contain a Federal Mandate
that may result in the expenditure by
State, local and tribal governments, in
aggregate, or by the private sector, of
$100 million or more in any one year.
Note: This part is derived from AFI 36–
2021, September 12, 2006. Part 806 of this
chapter states the basic policies and
instructions governing the disclosure of
records and tells members of the public what
they must do to inspect or obtain copies of
the material referenced herein.
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§ 903.1
Federal Register / Vol. 72, No. 133 / Thursday, July 12, 2007 / Proposed Rules
Mission and responsibilities.
(a) Mission. To motivate, prepare, and
evaluate selected candidates in an
educational, military, moral, and
physical environment, to perform
successfully and enhance diversity at
USAFA.
(b) Responsibilities:
(1) Superintendent, USAFA (HQ
USAFA/CC). Ensures adequate oversight
of HQ USAFA/PL activities,
administration, and resources. Means of
oversight include but are not limited to:
(i) United States Air Force Academy
Instruction (USAFAI) 36–3502, USAFA
Assessment Board.
(ii) The Preparatory School Advisory
Committee, as established in USAFAI
36–2013, Superintendent’s Preparatory
School Advisory Committee of the
USAF Academy Preparatory School.
(iii) Annual Assessment, as
established in Department of Defense
(DoD) Directive 1322.22, Service
Academies.
(iv) Audits, Eagle Looks, and Unit
Compliance Inspections.
(v) Special reviews and investigations
as directed by HQ USAF.
(vi) USAFA Board of Visitors (BoV).
(2) HQ USAFA/PL Commander:
(i) Ensures the education and training
programs satisfy the school’s mission.
(ii) Informs HQ USAFA/RR of
candidates’ names, including essential
categories, when each class enters.
(iii) Administers the disenrollment
process. Notifies the Headquarters
USAFA Superintendent (HQ USAFA/
CC), and HQ USAFA/RR of all
disenrollments.
(iv) Responsible, along with ARPC, for
administering the oath of enlistment on
the date of inprocessing. The effective
date of enlistment is the date the
applicant took the oath.
(3) Air Reserve Personnel Center
(ARPC):
(i) Receives DD Form 1966, Record of
Military Processing—Armed Forces of
the United States, from select
candidates upon inprocessing.
(ii) Reviews the DD Form 1966 for
completion/acceptance.
(iii) Completes the DD Form 4,
Enlistment/Reenlistment Document
Armed Forces of the United States, if
DD Form 1966 is in order.
(iv) Responsible, along with USAFA/
PL, for administering the oath of
enlistment on the date of inprocessing.
The effective date of enlistment is the
date the applicant took the oath.
(v) Publishes reserve orders placing
applicant on active duty for the purpose
of attending Preparatory school.
Preparatory school determines the date
of call to active duty (usually date
administered the oath). ARPC provides
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copies of orders to MPF on the date of
inprocessing.
(4) 10th Mission Support Squadron
Military Personnel (10 MSS/DPM):
(i) Ensures Regular and Reserve Air
Force personnel reassigned to the HQ
USAFA/PL enter with the highest grade
they had achieved as of their date of
enrollment and retain their date of rank
or effective date.
(ii) Maintains records on Cadet
Candidates.
(iii) Processes separation orders for
non-prior service members who
complete the HQ USAFA/PL and accept
an appointment to a U.S. Service
Academy.
(iv) Prepares discharge orders for nonprior service members who are
disenrolled or do not accept
appointment to a U.S. Service Academy.
(v) Issues ID cards.
(5) Headquarters USAFA Admissions
(HQ USAFA/RR):
(i) Notifies cadet candidates of their
acceptance into HQ USAFA/PL.
Includes an accept-or-decline form with
acceptance letter and asks cadet
candidates to return the form as soon as
possible.
(ii) Issues ‘‘Invitation to Travel’’
letters to all accepted cadet candidates
(including civilians, reservist and
members of other services) inviting
them to travel to the HQ USAFA/PL,
enlist in the Air Force Reserve (if
necessary), and attend the HQ USAFA/
PL.
(iii) Sends a notice to non-selected
service personnel and their servicing
Military Personnel Flight (MPF). Note:
The Air Force does not typically notify
civilian applicants of their nonselection.
(iv) Provides 10 MSS/DPMA with the
name, grade, social security number,
mailing address, and unit of assignment
for reassignment of all applicants on Air
Force active duty who are accepted into
HQ USAFA/PL.
(v) Sends DODMERB a data file listing
all applicants that need a medical
examination. DODMERB uses the data
file to schedule necessary exams.
(6) Unit commanders of all Regular
and Reserve Component Air Force
personnel applying to the HQ USAFA/
PL:
(i) Review each applicant’s completed
AF Form 1786, Application for
Appointment to the United States Air
Force Academy Under Quota Allotted to
Enlisted Members of the Regular and
Reserve Components of the Air Force,
and determine if the applicant meets
eligibility requirements.
(ii) Forward an endorsement of all
applicants who meet eligibility
requirements, together with AF Form
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1786, through the MPF to: Headquarters
USAFA Admission Selections (HQ
USAFA/RRS), 2304 Cadet Drive, USAF
Academy CO 80840–5025. The
endorsement must include a
comprehensive statement of the
applicant’s character, ability, and
motivation to become a career officer.
Verify statements in applications
regarding service component, length of
service, and date of birth from official
records.
(iii) Notify HQ USAFA/RR
immediately on determining that an
applicant is no longer recommended for
selection to the HQ USAFA/PL.
(7) Unit commanders of Regular or
Reserve members of the Army, Navy, or
Marine Corps and unit commanders of
Army or Air National Guard members:
(i) Accept letters of application to the
HQ USAFA/PL from unit personnel.
(ii) Complete an endorsement for all
applicants who meet the eligibility
requirements. Include in the
endorsement a comprehensive
statement of the applicant’s character,
ability, and motivation to become a
career officer. Verify statements in
applications regarding service
component, length of service, and date
of birth from official records. Send the
endorsement and letter of application to
HQ USAFA/RRS, 2304 Cadet Drive,
USAF Academy CO 80840–5025.
(iii) Ensure that each applicant
receives a release from active duty to
attend the HQ USAFA/PL before
sending the endorsement. In order to
facilitate the accession of a National
Guard (Air or Army) member into
USAFA or HQ USAFA/PL, a DD Form
368, Request for Conditional Release, or
AF Form 1288, Application for Ready
Reserve Assignment, should be
accomplished and forwarded to the
losing Military Personnel Flight (MPF)
service for out-processing. Once the
member has enlisted, the 10 MSS/DPM
will contact the losing MPF. A copy of
the DD Form 4 and orders will be
provided to the losing ANG MPF by fax.
In turn, the losing MPF will project the
member’s record in MilPDS based on
the gaining PAS provided by the 10
MSS/DPM.
(iv) Notify HQ USAFA/RR
immediately on determining that an
applicant is no longer recommended for
selection to the HQ USAFA/PL.
§ 903.2
Eligibility requirements.
(a) For admission to the HQ USAFA/
PL, applicants must be:
(1) At least 17 and no more than 22
years old by 1 July of the year of
admission.
(2) A citizen or permanent resident of
the United States able to obtain
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citizenship (or Secretary of Defense
waiver allowed by 10 U.S.C. 532(f)) by
projected commissioning date.
(3) Unmarried and have no
dependents.
(4) Of high moral character.
Applicants must have no record of
Uniform Code of Military Justice
convictions or civil offenses beyond
minor violations; no history of drug or
alcohol abuse; and no prior behaviors,
activities, or associations incompatible
with USAF standards.
(5) Medically qualified for
appointment to the U.S. Air Force
Academy (USAFA).
(6) A member of the armed services or
eligible to enlist in the U.S. Air Force
Reserve.
(b) Normally, applicants must not
have previously attended college on a
full-time basis or attended a U.S.
Service Academy or a U.S. Service
Academy Preparatory School. The
Headquarters USAFA Registrar’s Office
(HQ USAFA/RR) determines an
applicant’s status in this regard.
(c) Every applicant must be an active
candidate in the USAFA admissions
program, normally through one of
following:
(1) Nominated by a source specified
in public law.
(2) Identified by the USAFA as
fulfilling institutional needs.
(d) Members of the Air Force Reserve
or Air National Guard (ANG) must agree
to active duty service if admitted to the
HQ USAFA/PL. Admitted ANG
personnel first transfer to the Air Force
Reserves before leaving their place of
residence and being called to active
duty.
(e) Regular and reserve members of
the Armed Forces and the National
Guard must have completed basic
training.
(f) Regular members of the Armed
Forces must have at least 1 year
retainability when they enter the HQ
USAFA/PL.
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§ 903.3
Selection criteria.
(a) Cadet candidates for the HQ
USAFA/PL are selected on the basis of
demonstrated character, test scores,
medical examination, prior academic
record, recommendation of the
organization commander (if prior
service), and other similar reports or
records. USAFA is authorized to make
selections IAW SECAF guidance
including but not limited to selection
from among enlisted personnel and
recruited athletes. Each applicant must:
(1) Achieve satisfactory scores on the
Scholastic Aptitude Test (SAT) or the
American College Testing Program
(ACT).
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(2) Take and pass a medical
evaluation administered through the
Department of Defense Medical
Evaluation Review Board (DODMERB).
(3) Have an acceptable academic
record as determined by HQ USAFA/
RR. Each applicant must furnish a
certified transcript from each high
school or civilian preparatory school
attended. Applicants should send
transcripts to HQ USAFA/RR, 2304
Cadet Drive, Suite 200, USAF Academy,
CO 80840–5025.
(4) Take the Candidate Fitness
Assessment.
(b) HQ USAFA/RR oversees the
holistic review of each viable
candidate’s record by a panel. This
holistic review may include
consideration of factors that would
enhance diversity at USAFA, such as
unique academic abilities, language
skills, demonstrated leadership skills,
foreign cultural knowledge, athletic
prowess, flying aptitude, uncommon life
experiences, demonstrated moral or
physical courage or other performancebased factors.
(c) HQ USAFA/RR also examines
reports and records that indicate an
applicant’s aptitude, achievement, or
ability to graduate from the HQ USAFA/
PL in the selection process.
(d) HQ USAFA/RR includes
Preparatory School selection guidelines
in the ‘‘Criteria and Procedures for Air
Force Academy Appointment, Class of
20XX’’ (Contract) and submits for
Superintendent approval.
(e) For members of the Armed Forces
and the National Guard, HQ USAFA/RR
also considers letters of
recommendation from applicants’ unit
commanders.
§ 903.4 Application process and
procedures.
(a) Regular and Reserve members of
the Air Force must send their
applications to: HQ USAFA/RR, 2304
Cadet Drive, Suite 200, USAF Academy,
CO 80840–5025, no later than 31
January for admission the following
summer. Those otherwise nominated to
the Air Force Academy, must complete
all steps of admissions by 15 April.
(b) Regular and Reserve members of
the Air Force must complete AF Form
1786 and submit it to their unit
commander.
(c) Regular and Reserve members of
the Army, Navy, or Marine Corps, as
well as members of the National Guard,
must submit a letter of application
through their unit commander.
(d) Civil Air Patrol (CAP) cadets send
their applications to HQ USAFA/RR and
must apply to CAP National
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38041
Headquarters by 31 January for
nomination.
(e) HQ USAFA/RR automatically
considers civilian candidates for
admission who have a nomination to
the USAFA, but were not selected.
§ 903.5
Reserve enlistment procedures.
(a) Civilians admitted to the HQ
USAFA/PL take the oath of enlistment
on the date of their initial in-processing
at the HQ USAFA/PL. Their effective
date of enlistment is the date they take
this oath.
(b) Civilians who enlist for the
purpose of attending the HQ USAFA/PL
will be awarded the rank of E–1. These
cadet candidates are entitled to the
monthly student pay at the same rate as
USAFA cadets according to United
States Code Title 37, Section 203.
§ 903.6 Reassignment of Air Force
members to become cadet candidates at
the Preparatory School.
USAFA Prepatory School Enrollment
for members selected from operational
Air Force: Selected Regular Air Force
members at technical training schools
remain there in casual status until the
earliest reporting date for the HQ
USAFA/PL. Students must not leave
their training school without
coordinating with HQ USAFA/RR.
§ 903.7 Reassignment of cadet candidates
who graduate from the Preparatory School
with an appointment to USAFA.
USAFA Cadet Enrollment for Cadet
Candidates who graduate from the
Prepatory School with an appointment
to the USAFA:
(a) The Air Force releases cadet
candidates entering the USAFA from
active duty and reassigns them to active
duty as Air Force Academy cadets,
effective on their date of entry into the
USAFA in accordance with one of these
authorities:
(1) The Department of Air Force letter
entitled Members of the Armed Forces
Appointed to a Service Academy, 8 July
1957.
(2) Title 10, United States Code,
Sections 516 and 523. Air Force
Instruction (AFI) 36–3208,
Administrative Separation of Airmen.
(b) The Air Force discharges active
Reserve cadet candidates who enlisted
for the purpose of attending the HQ
USAFA/PL in accordance with AFI 36–
3208 and reassigns them to active duty
as Air Force Academy cadets, effective
on their date of entry into the USAFA.
§ 903.8
Cadet candidate disenrollment.
(a) In accordance with AFI 36–3208,
the Commander, HQ USAFA/PL, may
disenroll a student who:
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(1) Fails to meet and maintain HQ
USAFA/PL educational, military,
character, or physical fitness standards.
(2) Fails to demonstrate adaptability
and suitability for participation in
USAFA educational, military, character,
or physical training programs.
(3) Displays unsatisfactory conduct.
(4) Fails to meet statutory
requirements for admission to the
USAFA, for example:
(i) Marriage or acquiring legal
dependents.
(ii) Medical disqualification.
(iii) Refusal to serve as a
commissioned officer in the U.S. Armed
Forces.
(5) Requests disenrollment.
(b) The HQ USAFA/PL commander
may also disenroll a student when it is
determined that the student’s retention
is not in the best interest of the
Government.
(c) The military personnel flight (10
MSS/DPM) processes Regular Air Force
members for reassignment if:
(1) They are disenrolled from the HQ
USAFA/PL.
(2) They fail to obtain or accept an
appointment to a U.S. Service Academy.
(d) The Air Force reassigns Air Force
Reserve cadet candidates who are
disenrolled from the HQ USAFA/PL or
who fail to obtain or accept an
appointment to an U.S. Service
Academy in either of two ways under
AFI 36–3208:
(1) Discharges them from the United
States Air Force without any further
military obligation if they were called to
active duty solely to attend the HQ
USAFA/PL.
(2) Releases them from active duty
and reassigns them to the Air Force
Reserve Personnel Center if they were
released from Reserve units to attend
the HQ USAFA/PL.
(e) The National Guard (Army or Air
Force) releases cadet candidates from
active duty and reassigns them to their
State Adjutant General.
(f) The Air Force reassigns Regular
and Reserve personnel from other
Services back to their unit of origin to
complete any prior service obligation if:
(1) They are disenrolled from the HQ
USAFA/PL.
(2) They fail to obtain or accept an
appointment to the USAFA.
§ 903.9
forms.
Cadet records and reassignment
(a) Headquarters USAFA Cadet
Personnel (HQ USAFA/DPY) maintains
records of cadet candidates who enter
the USAFA until they are commissioned
or disenrolled.
(b) 10 MSS/DPM will send records of
Regular Air Force personnel who enter
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one of the other Service Academies to
HQ Air Force Personnel Center (HQ
AFPC) for processing.
§ 903.10 Information collections, records,
and forms or information management tools
(IMTS).
(a) Information Collections. No
information collections are created by
this publication.
(b) Records. Ensure that all records
created as a result of processes
prescribed in this publication are
maintained in accordance with AFMAN
37–123, Management of Records, and
disposed of in accordance with the Air
Force Records Disposition Schedule
(RDS) located at https://
webrims.amc.af.mil.
(c) Forms or IMTs (Adopted and
Prescribed).
(1) Adopted Forms or IMTs: AF IMT
847, Recommendation for Change of
Publication. AF Form 1288, Application
for Ready Reserve Assignment, AF Form
1786, Application for Appointment to
the USAF Academy Under Quota
Allotted to Enlisted Members of the
Regular and Reserve Components of the
Air Force, DD Form 4, Enlistment/
Reenlistment Document—Armed Forces
of the United States, DD Form 368,
Request for Conditional Release, and DD
Form 1966, Record of Military
Processing—Armed Forces of the United
States.
(2) Prescribed Forms or IMTs: No
forms or IMTs are prescribed by this
publication.
Bao-Anh Trinh,
Air Force Federal Register Liaison Officer,
Department of the Air Force.
[FR Doc. E7–13250 Filed 7–11–07; 8:45 am]
BILLING CODE 5001–05–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 17
RIN 2900–AM40
Provision of Hospital Care and Medical
Services During Certain Disasters or
Emergencies
AGENCY:
Department of Veterans Affairs
(VA).
ACTION:
Proposed rule.
SUMMARY: The Department of Veterans
Affairs (VA) proposes to establish
regulations regarding the provision of
hospital care and medical services
under the VA Emergency Preparedness
Act of 2002 to individuals responding
to, involved in, or otherwise affected by
certain disasters or emergencies
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(including individuals who otherwise
do not have VA eligibility for such care
and services).
DATES: Comment Date: Comments must
be received on or before September 10,
2007.
ADDRESSES: Written comments may be
submitted through https://
www.Regulations.gov; by mail or handdelivery to the Director, Regulations
Management (00REG), Department of
Veterans Affairs, 810 Vermont Ave.,
NW., Room 1068, Washington, DC
20420; or by fax to (202) 273–9026.
Comments should indicate that they are
submitted in response to ‘‘RIN 2900–
AM40—Provision of Hospital Care and
Medical Services During Certain
Disasters or Emergencies.’’ Copies of
comments received will be available for
public inspection in the Office of
Regulation Policy and Management,
Room 1063B, between the hours of 8
a.m. and 4:30 p.m., Monday through
Friday (except holidays). Please call
(202) 273–9515 for an appointment. In
addition, during the comment period,
comments may be viewed online in
https://www.Regulations.gov through the
Federal Docket Management System
(FDMS).
FOR FURTHER INFORMATION CONTACT:
Tony A. Guagliardo, Director, Business
Policy, Chief Business Office (163),
Veterans Health Administration,
Department of Veterans Affairs, 810
Vermont Avenue, NW., Washington, DC
20420, (202) 254–0384. (This is not a
toll free number.)
SUPPLEMENTARY INFORMATION: This
document proposes to amend the VA
‘‘Medical’’ regulations in 38 CFR part 17
by adding a new § 17.86 and by making
technical amendments in § 17.102. As
indicated in paragraph (a) of proposed
§ 17.86, this proposed rule would
implement the provisions of Public Law
107–287, the VA Emergency
Preparedness Act of 2002, regarding
hospital care and medical services
provided to individuals responding to,
involved in, or otherwise affected by
certain disasters or emergencies
(including individuals who otherwise
do not have VA eligibility for such care
and services). These provisions are
codified as 38 U.S.C. 1785.
Paragraphs (b) and (c) of proposed
§ 17.86 would reflect the provisions of
38 U.S.C. 1785, which provide that
during and immediately following a
disaster or emergency VA may furnish
hospital care and medical services to
individuals (including those who
otherwise do not have VA eligibility for
such care and services) responding to,
involved in, or otherwise affected by:
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[Federal Register Volume 72, Number 133 (Thursday, July 12, 2007)]
[Proposed Rules]
[Pages 38039-38042]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-13250]
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DEPARTMENT OF DEFENSE
Department of the Air Force
32 CFR Part 903
[Docket No. USAF-2007-0001]
RIN: 0701-AA72
Air Force Academy Preparatory School
AGENCY: DoD, USAF.
ACTION: Proposed rule.
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SUMMARY: This proposed rule tells how to apply for the Air Force
Academy Preparatory School. It also explains the procedures for
selection, disenrollment, and assignment. This rule has been updated to
identify USAFA's revised mission statement and the authority, add
responsibilities, new selection criteria, and updates of associated Air
Force Instructions.
DATES: Interested parties should submit written comments on or before
September 10, 2007.
ADDRESSES: You may submit comments, identified by docket number and or
RIN number and title, by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Federal Docket Management System Office, 1160
Defense Pentagon, Washington, DC 20301-1160.
Instructions: All submissions received must include the agency name
and docket number or Regulatory Information Number (RIN) for this
Federal Register document. The general policy for comments and other
submissions from members of the public is to make these submissions
available for public viewing on the Internet at https://
www.regulations.gov as they are received without change, including any
personal identifiers or contact information.
FOR FURTHER INFORMATION CONTACT: Mr. Scotty Ashley at (703) 695-3594,
scotty.Ashley@pentagon.af.mil.
SUPPLEMENTARY INFORMATION:
Executive Order 12866, ``Regulatory Planning and Review''
It has been determined that 32 CFR part 903 is not a significant
regulatory action. This rule does not:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or state, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligations of the
recipients thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
this Executive Order.
Unfunded Mandates Reform Act (Sec. 202, Pub. L. 104-4)
It has been certified the 32 CFR part 903 does not contain a
Federal Mandate that may result in the expenditure by State, local and
tribal governments, in aggregate, or by the private sector, of $100
million or more in any one year.
Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)
It has been determined that this rule is not subject to the
Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if
promulgated, have a significant economic impact on a substantial number
of small entities. This rule * * *.
Public Law 95-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)
It has been certified that 32 CFR part 903 does not impose any
reporting or recordkeeping requirements under the Paperwork Reduction
Act of 1995 (44 U.S.C. Chapter 35).
Federalism (Executive Order 13132)
It has been certified that 32 CFR part 903 does not have federalism
implications, as set forth in Executive Order 13132. This rule does not
have substantial direct effects on:
(1) The States;
(2) The relationship between the National Government and the
States; or
(3) The distribution of power and responsibilities among the
various levels of government.
List of Subjects in 32 CFR Part 903
Military academy, Military personnel.
Therefore, for the reasons set forth in the preamble, 32 CFR part
903 is proposed to be revised to read as follows:
PART 903--AIR FORCE ACADEMY PREPARATORY SCHOOL
Sec.
903.1 Mission and responsibilities.
903.2 Eligibility requirements.
903.3 Selection criteria.
903.4 Application process and procedures.
903.5 Reserve enlistment procedures.
903.6 Reassignment of Air Force members to become cadet candidates
at the Preparatory School.
903.7 Reassignment of cadet candidates who graduate from the
Preparatory School with an appointment to U.S. Air Force Academy
(USAFA).
903.8 Cadet candidate disenrollment.
903.9 Cadet records and reassignment forms.
903.10 Information collections, records, and forms or information
management tools (IMTS).
Authority: 5 U.S.C. 301, 10 U.S.C. 8013, and 10 U.S.C. 9331
(except as otherwise noted).
Note: This part is derived from AFI 36-2021, September 12, 2006.
Part 806 of this chapter states the basic policies and instructions
governing the disclosure of records and tells members of the public
what they must do to inspect or obtain copies of the material
referenced herein.
[[Page 38040]]
Sec. 903.1 Mission and responsibilities.
(a) Mission. To motivate, prepare, and evaluate selected candidates
in an educational, military, moral, and physical environment, to
perform successfully and enhance diversity at USAFA.
(b) Responsibilities:
(1) Superintendent, USAFA (HQ USAFA/CC). Ensures adequate oversight
of HQ USAFA/PL activities, administration, and resources. Means of
oversight include but are not limited to:
(i) United States Air Force Academy Instruction (USAFAI) 36-3502,
USAFA Assessment Board.
(ii) The Preparatory School Advisory Committee, as established in
USAFAI 36-2013, Superintendent's Preparatory School Advisory Committee
of the USAF Academy Preparatory School.
(iii) Annual Assessment, as established in Department of Defense
(DoD) Directive 1322.22, Service Academies.
(iv) Audits, Eagle Looks, and Unit Compliance Inspections.
(v) Special reviews and investigations as directed by HQ USAF.
(vi) USAFA Board of Visitors (BoV).
(2) HQ USAFA/PL Commander:
(i) Ensures the education and training programs satisfy the
school's mission.
(ii) Informs HQ USAFA/RR of candidates' names, including essential
categories, when each class enters.
(iii) Administers the disenrollment process. Notifies the
Headquarters USAFA Superintendent (HQ USAFA/CC), and HQ USAFA/RR of all
disenrollments.
(iv) Responsible, along with ARPC, for administering the oath of
enlistment on the date of inprocessing. The effective date of
enlistment is the date the applicant took the oath.
(3) Air Reserve Personnel Center (ARPC):
(i) Receives DD Form 1966, Record of Military Processing--Armed
Forces of the United States, from select candidates upon inprocessing.
(ii) Reviews the DD Form 1966 for completion/acceptance.
(iii) Completes the DD Form 4, Enlistment/Reenlistment Document
Armed Forces of the United States, if DD Form 1966 is in order.
(iv) Responsible, along with USAFA/PL, for administering the oath
of enlistment on the date of inprocessing. The effective date of
enlistment is the date the applicant took the oath.
(v) Publishes reserve orders placing applicant on active duty for
the purpose of attending Preparatory school. Preparatory school
determines the date of call to active duty (usually date administered
the oath). ARPC provides copies of orders to MPF on the date of
inprocessing.
(4) 10th Mission Support Squadron Military Personnel (10 MSS/DPM):
(i) Ensures Regular and Reserve Air Force personnel reassigned to
the HQ USAFA/PL enter with the highest grade they had achieved as of
their date of enrollment and retain their date of rank or effective
date.
(ii) Maintains records on Cadet Candidates.
(iii) Processes separation orders for non-prior service members who
complete the HQ USAFA/PL and accept an appointment to a U.S. Service
Academy.
(iv) Prepares discharge orders for non-prior service members who
are disenrolled or do not accept appointment to a U.S. Service Academy.
(v) Issues ID cards.
(5) Headquarters USAFA Admissions (HQ USAFA/RR):
(i) Notifies cadet candidates of their acceptance into HQ USAFA/PL.
Includes an accept-or-decline form with acceptance letter and asks
cadet candidates to return the form as soon as possible.
(ii) Issues ``Invitation to Travel'' letters to all accepted cadet
candidates (including civilians, reservist and members of other
services) inviting them to travel to the HQ USAFA/PL, enlist in the Air
Force Reserve (if necessary), and attend the HQ USAFA/PL.
(iii) Sends a notice to non-selected service personnel and their
servicing Military Personnel Flight (MPF). Note: The Air Force does not
typically notify civilian applicants of their non-selection.
(iv) Provides 10 MSS/DPMA with the name, grade, social security
number, mailing address, and unit of assignment for reassignment of all
applicants on Air Force active duty who are accepted into HQ USAFA/PL.
(v) Sends DODMERB a data file listing all applicants that need a
medical examination. DODMERB uses the data file to schedule necessary
exams.
(6) Unit commanders of all Regular and Reserve Component Air Force
personnel applying to the HQ USAFA/PL:
(i) Review each applicant's completed AF Form 1786, Application for
Appointment to the United States Air Force Academy Under Quota Allotted
to Enlisted Members of the Regular and Reserve Components of the Air
Force, and determine if the applicant meets eligibility requirements.
(ii) Forward an endorsement of all applicants who meet eligibility
requirements, together with AF Form 1786, through the MPF to:
Headquarters USAFA Admission Selections (HQ USAFA/RRS), 2304 Cadet
Drive, USAF Academy CO 80840-5025. The endorsement must include a
comprehensive statement of the applicant's character, ability, and
motivation to become a career officer. Verify statements in
applications regarding service component, length of service, and date
of birth from official records.
(iii) Notify HQ USAFA/RR immediately on determining that an
applicant is no longer recommended for selection to the HQ USAFA/PL.
(7) Unit commanders of Regular or Reserve members of the Army,
Navy, or Marine Corps and unit commanders of Army or Air National Guard
members:
(i) Accept letters of application to the HQ USAFA/PL from unit
personnel.
(ii) Complete an endorsement for all applicants who meet the
eligibility requirements. Include in the endorsement a comprehensive
statement of the applicant's character, ability, and motivation to
become a career officer. Verify statements in applications regarding
service component, length of service, and date of birth from official
records. Send the endorsement and letter of application to HQ USAFA/
RRS, 2304 Cadet Drive, USAF Academy CO 80840-5025.
(iii) Ensure that each applicant receives a release from active
duty to attend the HQ USAFA/PL before sending the endorsement. In order
to facilitate the accession of a National Guard (Air or Army) member
into USAFA or HQ USAFA/PL, a DD Form 368, Request for Conditional
Release, or AF Form 1288, Application for Ready Reserve Assignment,
should be accomplished and forwarded to the losing Military Personnel
Flight (MPF) service for out-processing. Once the member has enlisted,
the 10 MSS/DPM will contact the losing MPF. A copy of the DD Form 4 and
orders will be provided to the losing ANG MPF by fax. In turn, the
losing MPF will project the member's record in MilPDS based on the
gaining PAS provided by the 10 MSS/DPM.
(iv) Notify HQ USAFA/RR immediately on determining that an
applicant is no longer recommended for selection to the HQ USAFA/PL.
Sec. 903.2 Eligibility requirements.
(a) For admission to the HQ USAFA/PL, applicants must be:
(1) At least 17 and no more than 22 years old by 1 July of the year
of admission.
(2) A citizen or permanent resident of the United States able to
obtain
[[Page 38041]]
citizenship (or Secretary of Defense waiver allowed by 10 U.S.C.
532(f)) by projected commissioning date.
(3) Unmarried and have no dependents.
(4) Of high moral character. Applicants must have no record of
Uniform Code of Military Justice convictions or civil offenses beyond
minor violations; no history of drug or alcohol abuse; and no prior
behaviors, activities, or associations incompatible with USAF
standards.
(5) Medically qualified for appointment to the U.S. Air Force
Academy (USAFA).
(6) A member of the armed services or eligible to enlist in the
U.S. Air Force Reserve.
(b) Normally, applicants must not have previously attended college
on a full-time basis or attended a U.S. Service Academy or a U.S.
Service Academy Preparatory School. The Headquarters USAFA Registrar's
Office (HQ USAFA/RR) determines an applicant's status in this regard.
(c) Every applicant must be an active candidate in the USAFA
admissions program, normally through one of following:
(1) Nominated by a source specified in public law.
(2) Identified by the USAFA as fulfilling institutional needs.
(d) Members of the Air Force Reserve or Air National Guard (ANG)
must agree to active duty service if admitted to the HQ USAFA/PL.
Admitted ANG personnel first transfer to the Air Force Reserves before
leaving their place of residence and being called to active duty.
(e) Regular and reserve members of the Armed Forces and the
National Guard must have completed basic training.
(f) Regular members of the Armed Forces must have at least 1 year
retainability when they enter the HQ USAFA/PL.
Sec. 903.3 Selection criteria.
(a) Cadet candidates for the HQ USAFA/PL are selected on the basis
of demonstrated character, test scores, medical examination, prior
academic record, recommendation of the organization commander (if prior
service), and other similar reports or records. USAFA is authorized to
make selections IAW SECAF guidance including but not limited to
selection from among enlisted personnel and recruited athletes. Each
applicant must:
(1) Achieve satisfactory scores on the Scholastic Aptitude Test
(SAT) or the American College Testing Program (ACT).
(2) Take and pass a medical evaluation administered through the
Department of Defense Medical Evaluation Review Board (DODMERB).
(3) Have an acceptable academic record as determined by HQ USAFA/
RR. Each applicant must furnish a certified transcript from each high
school or civilian preparatory school attended. Applicants should send
transcripts to HQ USAFA/RR, 2304 Cadet Drive, Suite 200, USAF Academy,
CO 80840-5025.
(4) Take the Candidate Fitness Assessment.
(b) HQ USAFA/RR oversees the holistic review of each viable
candidate's record by a panel. This holistic review may include
consideration of factors that would enhance diversity at USAFA, such as
unique academic abilities, language skills, demonstrated leadership
skills, foreign cultural knowledge, athletic prowess, flying aptitude,
uncommon life experiences, demonstrated moral or physical courage or
other performance-based factors.
(c) HQ USAFA/RR also examines reports and records that indicate an
applicant's aptitude, achievement, or ability to graduate from the HQ
USAFA/PL in the selection process.
(d) HQ USAFA/RR includes Preparatory School selection guidelines in
the ``Criteria and Procedures for Air Force Academy Appointment, Class
of 20XX'' (Contract) and submits for Superintendent approval.
(e) For members of the Armed Forces and the National Guard, HQ
USAFA/RR also considers letters of recommendation from applicants' unit
commanders.
Sec. 903.4 Application process and procedures.
(a) Regular and Reserve members of the Air Force must send their
applications to: HQ USAFA/RR, 2304 Cadet Drive, Suite 200, USAF
Academy, CO 80840-5025, no later than 31 January for admission the
following summer. Those otherwise nominated to the Air Force Academy,
must complete all steps of admissions by 15 April.
(b) Regular and Reserve members of the Air Force must complete AF
Form 1786 and submit it to their unit commander.
(c) Regular and Reserve members of the Army, Navy, or Marine Corps,
as well as members of the National Guard, must submit a letter of
application through their unit commander.
(d) Civil Air Patrol (CAP) cadets send their applications to HQ
USAFA/RR and must apply to CAP National Headquarters by 31 January for
nomination.
(e) HQ USAFA/RR automatically considers civilian candidates for
admission who have a nomination to the USAFA, but were not selected.
Sec. 903.5 Reserve enlistment procedures.
(a) Civilians admitted to the HQ USAFA/PL take the oath of
enlistment on the date of their initial in-processing at the HQ USAFA/
PL. Their effective date of enlistment is the date they take this oath.
(b) Civilians who enlist for the purpose of attending the HQ USAFA/
PL will be awarded the rank of E-1. These cadet candidates are entitled
to the monthly student pay at the same rate as USAFA cadets according
to United States Code Title 37, Section 203.
Sec. 903.6 Reassignment of Air Force members to become cadet
candidates at the Preparatory School.
USAFA Prepatory School Enrollment for members selected from
operational Air Force: Selected Regular Air Force members at technical
training schools remain there in casual status until the earliest
reporting date for the HQ USAFA/PL. Students must not leave their
training school without coordinating with HQ USAFA/RR.
Sec. 903.7 Reassignment of cadet candidates who graduate from the
Preparatory School with an appointment to USAFA.
USAFA Cadet Enrollment for Cadet Candidates who graduate from the
Prepatory School with an appointment to the USAFA:
(a) The Air Force releases cadet candidates entering the USAFA from
active duty and reassigns them to active duty as Air Force Academy
cadets, effective on their date of entry into the USAFA in accordance
with one of these authorities:
(1) The Department of Air Force letter entitled Members of the
Armed Forces Appointed to a Service Academy, 8 July 1957.
(2) Title 10, United States Code, Sections 516 and 523. Air Force
Instruction (AFI) 36-3208, Administrative Separation of Airmen.
(b) The Air Force discharges active Reserve cadet candidates who
enlisted for the purpose of attending the HQ USAFA/PL in accordance
with AFI 36-3208 and reassigns them to active duty as Air Force Academy
cadets, effective on their date of entry into the USAFA.
Sec. 903.8 Cadet candidate disenrollment.
(a) In accordance with AFI 36-3208, the Commander, HQ USAFA/PL, may
disenroll a student who:
[[Page 38042]]
(1) Fails to meet and maintain HQ USAFA/PL educational, military,
character, or physical fitness standards.
(2) Fails to demonstrate adaptability and suitability for
participation in USAFA educational, military, character, or physical
training programs.
(3) Displays unsatisfactory conduct.
(4) Fails to meet statutory requirements for admission to the
USAFA, for example:
(i) Marriage or acquiring legal dependents.
(ii) Medical disqualification.
(iii) Refusal to serve as a commissioned officer in the U.S. Armed
Forces.
(5) Requests disenrollment.
(b) The HQ USAFA/PL commander may also disenroll a student when it
is determined that the student's retention is not in the best interest
of the Government.
(c) The military personnel flight (10 MSS/DPM) processes Regular
Air Force members for reassignment if:
(1) They are disenrolled from the HQ USAFA/PL.
(2) They fail to obtain or accept an appointment to a U.S. Service
Academy.
(d) The Air Force reassigns Air Force Reserve cadet candidates who
are disenrolled from the HQ USAFA/PL or who fail to obtain or accept an
appointment to an U.S. Service Academy in either of two ways under AFI
36-3208:
(1) Discharges them from the United States Air Force without any
further military obligation if they were called to active duty solely
to attend the HQ USAFA/PL.
(2) Releases them from active duty and reassigns them to the Air
Force Reserve Personnel Center if they were released from Reserve units
to attend the HQ USAFA/PL.
(e) The National Guard (Army or Air Force) releases cadet
candidates from active duty and reassigns them to their State Adjutant
General.
(f) The Air Force reassigns Regular and Reserve personnel from
other Services back to their unit of origin to complete any prior
service obligation if:
(1) They are disenrolled from the HQ USAFA/PL.
(2) They fail to obtain or accept an appointment to the USAFA.
Sec. 903.9 Cadet records and reassignment forms.
(a) Headquarters USAFA Cadet Personnel (HQ USAFA/DPY) maintains
records of cadet candidates who enter the USAFA until they are
commissioned or disenrolled.
(b) 10 MSS/DPM will send records of Regular Air Force personnel who
enter one of the other Service Academies to HQ Air Force Personnel
Center (HQ AFPC) for processing.
Sec. 903.10 Information collections, records, and forms or
information management tools (IMTS).
(a) Information Collections. No information collections are created
by this publication.
(b) Records. Ensure that all records created as a result of
processes prescribed in this publication are maintained in accordance
with AFMAN 37-123, Management of Records, and disposed of in accordance
with the Air Force Records Disposition Schedule (RDS) located at
https://webrims.amc.af.mil.
(c) Forms or IMTs (Adopted and Prescribed).
(1) Adopted Forms or IMTs: AF IMT 847, Recommendation for Change of
Publication. AF Form 1288, Application for Ready Reserve Assignment, AF
Form 1786, Application for Appointment to the USAF Academy Under Quota
Allotted to Enlisted Members of the Regular and Reserve Components of
the Air Force, DD Form 4, Enlistment/Reenlistment Document--Armed
Forces of the United States, DD Form 368, Request for Conditional
Release, and DD Form 1966, Record of Military Processing--Armed Forces
of the United States.
(2) Prescribed Forms or IMTs: No forms or IMTs are prescribed by
this publication.
Bao-Anh Trinh,
Air Force Federal Register Liaison Officer, Department of the Air
Force.
[FR Doc. E7-13250 Filed 7-11-07; 8:45 am]
BILLING CODE 5001-05-P