Naval Discharge Review Board, 31222-31224 [E9-15463]
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sroberts on PROD1PC70 with PROPOSALS
31222
Federal Register / Vol. 74, No. 124 / Tuesday, June 30, 2009 / Proposed Rules
guarantee program and the transaction
account guarantee program, unless the
entity opts out. No later than 11:59 p.m.,
Eastern Standard Time, December 5,
2008, each eligible entity must inform
the FDIC if it desires to opt out of the
debt guarantee program or the
transaction account guarantee program,
or both. Failure to opt out by 11:59 p.m.,
Eastern Standard Time, December 5,
2008 constitutes a decision to continue
in the program after that date. Prior to
December 5, 2008 an eligible entity may
opt in to either or both programs by
informing the FDIC that it will not opt
out of either or both programs.
(2) Any insured depository institution
that is participating in the transaction
account guarantee program may elect to
opt out of such program effective on
January 1, 2010. Any such an election
to opt out must be made in accordance
with the procedures set forth in
paragraph (g)(2) of this section. An
election to opt out once made is
irrevocable.
*
*
*
*
*
(g) Procedures for opting out.
(1) Except as provided in paragraph
(g)(2) of this section, the FDIC will
provide procedures for opting out and
for making an affirmative decision to
opt in using FDIC’s secure e-business
Web site, FDICconnect. Entities that are
not insured depository institutions will
select and solely use an affiliated
insured depository institution to submit
their opt-out election or their affirmative
decision to opt in.
(2) Pursuant to paragraph (c)(2) of this
section a participating entity may opt
out of the transaction account guarantee
program by submitting to the FDIC on
or before 11:59 p.m. EDST on October
31, 2009 an e-mail conveying the
entity’s election to opt out. The subject
line of the e-mail must include: ‘‘TLGP
Election to Opt Out—Cert. No. ____ .’’
The e-mail must be addressed to
dcas@fdic.gov and must include the
following:
(i) Institution Name;
(ii) FDIC Certificate number;
(iii) City, State, ZIP;
(iv) Name, Telephone Number and Email Address of a Contact Person;
(v) A statement that the institution is
opting out of the transaction account
guarantee program effective January 1,
2010; and
(vi) Confirmation that no later than
November 15, 2009 the institution will
post a prominent notice in the lobby of
its main office, each domestic branch
and, if it offers Internet deposit services,
on its Web site clearly indicating that
funds held in non-interest bearing
transaction accounts that are in excess
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of the standard maximum deposit
insurance amount will not be
guaranteed under the transaction
account guarantee program after
December 31, 2009.
(h) * * *
(5) Each insured depository
institution that offers noninterestbearing transaction accounts must post
a prominent notice in the lobby of its
main office, each domestic branch and,
if it offers Internet deposit services, on
its Web site clearly indicating whether
the institution is participating in the
transaction account guarantee program.
If the institution is participating in the
transaction account guarantee program,
the notice must state that funds held in
noninterest-bearing transactions
accounts at the entity are guaranteed in
full by the FDIC.
(i) These disclosures must be
provided in simple, readily
understandable text. Sample disclosures
are as follows:
For Participating Institutions
[Institution Name] is participating in the
FDIC’s Transaction Account Guarantee
Program. Under that program, through June
30, 2010, all noninterest-bearing transaction
accounts are fully guaranteed by the FDIC for
the entire amount in the account. Coverage
under the Transaction Account Guarantee
Program is in addition to and separate from
the coverage available under the FDIC’s
general deposit insurance rules.
For Non-Participating Institutions
[Institution Name] has chosen not to
participate in the FDIC’s Transaction
Account Guarantee Program. Customers of
[Institution Name] with noninterest-bearing
transaction accounts will continue to be
insured for up to $250,000 under the FDIC’s
general deposit insurance rules.
(ii) If the institution uses sweep
arrangements or takes other actions that
result in funds being transferred or
reclassified to an account that is not
guaranteed under the transaction
account guarantee program, for
example, an interest-bearing account,
the institution must disclose those
actions to the affected customers and
clearly advise them, in writing, that
such actions will void the FDIC’s
guarantee with respect to the swept,
transferred, or reclassified funds.
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5. Amend § 370.7 by revising
paragraph (c) to read as follows:
§ 370.7 Assessments for the Transaction
Account Guarantee Program.
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(c) Amount of assessment.
(1) Except as provided in paragraph
(c)(2) of this section any eligible entity
that does not opt out of the transaction
account guarantee program shall pay
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quarterly an annualized 10 basis point
assessment on any deposit amounts
exceeding the existing deposit insurance
limit of $250,000, as reported on its
quarterly Consolidated Reports of
Condition and Income, Thrift Financial
Report, or Report of Assets and
Liabilities of U.S. Branches and
Agencies of Foreign Banks (each, a ‘‘Call
Report’’) in any noninterest-bearing
transaction accounts (as defined in
§ 370.2(h)), including any such amounts
swept from a noninterest bearing
transaction account into a noninterest
bearing savings deposit account as
provided in § 370.4(c).
(2) Beginning on January 1, 2010, a
participating entity that does not opt out
of the transaction account guarantee
program in accordance with
§ 370.5(c)(2) shall pay quarterly an
annualized 25 basis point assessment on
any deposit amounts exceeding the
existing deposit insurance limit of
$250,000, as reported on its quarterly
Call Report in any noninterest-bearing
transaction accounts (as defined in
§ 370.2(h)), including any such amounts
swept from a noninterest bearing
transaction account into a noninterest
bearing savings deposit account as
provided in § 370.4(c).
(3) The assessments provided in this
paragraph (c) shall be in addition to an
institution’s risk-based assessment
imposed under Part 327.
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By order of the Board of Directors.
Dated at Washington, DC, this 23rd day of
June, 2009.
Federal Deposit Insurance Corporation.
Valerie J. Best,
Assistant Executive Secretary.
[FR Doc. E9–15377 Filed 6–29–09; 8:45 am]
BILLING CODE 6714–01–P
DEPARTMENT OF DEFENSE
Department of the Navy
32 CFR Part 724
[No. USN–2008–0009]
RIN 0703–AA86
Naval Discharge Review Board
Department of the Navy, DoD.
Proposed rule.
AGENCY:
ACTION:
SUMMARY: The Department of the Navy
is amending its regulations to reflect the
name change of the Naval Council of
Personnel Boards to the Secretary of the
Navy Council of Review Boards and to
update other administrative information
pertaining to the Naval Discharge
Review Board.
E:\FR\FM\30JNP1.SGM
30JNP1
Federal Register / Vol. 74, No. 124 / Tuesday, June 30, 2009 / Proposed Rules
DATES: Comment date: Interested parties
should submit written comments on or
before August 31, 2009.
ADDRESSES: You may submit comments,
identified by docket number and/or
Regulatory Information Number (RIN)
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 or RIN number 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://
regulations.gov as they are received
without change, including any personal
identifiers or contact information.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Commander Tanya M. Cruz,
JAGC, U.S. Navy, Office of the Judge
Advocate General (Administrative Law),
Department of the Navy, 1322 Patterson
Ave., SE., Suite 3000, Washington Navy
Yard, DC 20374–5066, telephone: 703–
614–7403.
SUPPLEMENTARY INFORMATION: The
Department of the Navy is amending 32
CFR part 724 to reflect the name change
of the Naval Council of Personnel
Boards to the Secretary of the Navy
Council of Review Boards and to update
other administrative information
pertaining to the Naval Discharge
Review Board.
Interested persons are invited to
comment in writing on this amendment.
All written comments received will be
considered in making the proposed
amendments to 32 CFR part 724. It has
been determined that this proposed rule
amendment is not a major rule within
the criteria specified in Executive Order
12866, as amended by Executive Order
13258, and does not have substantial
impact on the public.
sroberts on PROD1PC70 with PROPOSALS
Matters of Regulatory Procedure
Executive Order 12866, ‘‘Regulatory
Planning and Review’’
It has been determined that 32 CFR
part 724 is not a significant regulatory
action. The 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;
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19:49 Jun 29, 2009
Jkt 217001
(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 that 32 CFR part
724 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 96–511. ‘‘Paperwork
Reduction Act’’ (44 U.S.C. Chapter 35)
It has been certified that 32 CFR part
724 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
724 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 724
Administrative practice and
procedure, Archives and records, and
Military personnel.
For the reasons set forth in the
preamble, the Department of the Navy
proposes to amend 32 CFR part 724 as
follows:
PART 724—NAVAL DISCHARGE
REVIEW BOARD
1. The authority citation for part 724
continues to read as follows:
Authority: 5 U.S.C. 301; 10 U.S.C. 1553.
2. Section 724.116 is amended by
revising the section heading to read as
follows:
§ 724.116
Counsel/Representative.
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*
*
§ 724.118
*
*
[Amended]
3. Section 724.118 is amended by
removing ‘‘and medical’’ in the second
sentence.
4. Section 724.201 is revised to read
as follows:
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§ 724.201
31223
Authority.
The Naval Discharge Review Board,
established pursuant to 10 U.S.C. 1553,
is a component of the Secretary of the
Navy Council of Review Boards. On
December 6, 2004, the Assistant
Secretary of the Navy (Manpower &
Reserve Affairs) approved the change in
name from Naval Council of Personnel
Boards to Secretary of the Navy Council
of Review Boards. By SECNAVINST
5730.7 series, the Assistant Secretary of
the Navy (Manpower and Reserve
Affairs) is authorized and directed to act
for the Secretary of the Navy within his/
her assigned area of responsibility and
exercises oversight over the Secretary of
the Naval Council of Review Boards.
SECNAVINST 5420.135 series states the
organization, mission, duties and
responsibilities of the Secretary of the
Naval Council of Review Boards to
include the Naval Discharge Review
Board. The Chief of Naval Operations
established the Office of Naval
Disability Evaluation and the Navy
Council of Personnel Boards on 1
October 1976 (OPNAVNOTE 5450 Ser
09b26/535376 of 9 Sep 1976 (Canc frp:
Apr 77)). The Chief of Naval Operations
approved the change in name of the
Office of Naval Disability Evaluation
and Navy Council of Personnel Boards
to Naval Council of Personnel Boards on
1 February 1977 (OPNAVNOTE 5450
Ser 099b26/32648 of 24 Jan 1977 (Canc
frp: Jul 77)) with the following mission
Statement:
To administer and supervise assigned
boards and councils.
§ 724.221
[Amended]
5. Section 724.221 is amended in
paragraph (a) by removing ‘‘or at
another site within the forty-eight
contiguous states.’’
§ 724.222
[Amended]
6. Section 724.222 is amended by
revising paragraph (b) to read as follows:
§ 724.222 Personal appearance discharge
hearing sites.
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*
*
*
(b) In addition, as permitted by
available resources, NDRB Panels may
travel to other selected sites within the
contiguous 48 states for the purpose of
conducting reviews.
§ 724.223
[Amended]
7. Section 724.223 is amended in
paragraph (d) by removing ‘‘NCPB’’ and
adding ‘‘NDRB’’ in its place.
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31224
Federal Register / Vol. 74, No. 124 / Tuesday, June 30, 2009 / Proposed Rules
Subpart C—Director, Secretary of the
Navy Council of Review Boards and
President Naval Discharge Review
Board; Responsibilities in Support of
the Naval Discharge Review Board
8. The Subpart C heading is revised to
read as set forth above.
9. Section 724.302 is amended as
follows:
a. The section heading is revised to
read as set forth below; and
b. Paragraph (h) is amended by
removing ‘‘Naval Council of Personnel
Boards’’ and adding ‘‘Secretary of the
Navy Council of Review Boards’’ in its
place.
§ 724.302 Functions: Director, Secretary of
the Navy Council of Review Boards.
*
*
§ 724.303
*
*
*
[Amended]
10. Section 724.303 is amended in
paragraph (e) by removing ‘‘5211.5C’’
and adding ‘‘5211.5 series’’ in its place.
§ 724.501
[Amended]
11. Section 724.501 is amended as
follows:
a. Removing paragraph (b), and
redesignating paragraphs (c) through (p)
as paragraphs (b) through (o)
respectively; and
b. Newly redesignated paragraph (e) is
amended by removing ‘‘withdrawn’’ and
adding ‘‘withdraw’’ in its place.
§ 724.502
[Amended]
12. Section 724.502 is amended as
follows:
a. Paragraph (c) is amended by
removing ‘‘Suite 905, 801 North
Randolph Street, Arlington, VA 22203’’
and adding ‘‘720 Kennon Ave SE, Suite
309, Washington, DC 20374–5023’’ in its
place; and
b. Paragraph (d) is amended by
removing ‘‘696–4881’’ and adding ‘‘685–
6600’’ in its place.
§ 724.504
sroberts on PROD1PC70 with PROPOSALS
§ 724.701
Composition.
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*
*
(c) Normally, at least three of the five
members of the NDRB shall belong to
the service from which the applicant
whose case is under review was
discharged.
*
*
*
*
*
16. Section 724.703 is revised to read
as follows:
§ 724.703
Legal counsel.
Normally, the NDRB shall function
without the immediate attendance of
legal counsel. In the event that a legal
advisory opinion is deemed appropriate
by the NDRB, such opinion shall be
obtained routinely by reference to the
Counsel assigned to the Office of the
Director, Secretary of the Navy Council
of Review Boards. In addition, the
NDRB may request advisory opinions
from staff offices of the Department of
the Navy, including, but not limited to
the General Counsel and the Judge
Advocate General.
Dated: June 23, 2009.
T.M. Cruz,
Lieutenant Commander, Judge Advocate
General’s Corps, U.S. Navy, Alternate Federal
Register Liaison Officer.
[FR Doc. E9–15463 Filed 6–29–09; 8:45 am]
BILLING CODE 3810–FF–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 600
[Amended]
13. Section 724.504 is amended in
paragraph (a) by adding ‘‘if required’’
after ‘‘health record.’’
14. Section 724.601 is revised to read
as follows:
§ 724.601
a. The introductory text is amended
by removing ‘‘Naval Council of
Personnel Boards’’ and adding
‘‘Secretary of the Navy Council of
Review Boards’’ in its place; and
b. Paragraph (c) is revised to read as
follows:
General.
The NDRB is a component of the
Secretary of the Navy Council of Review
Boards and has its offices located in the
NCR. The NDRB conducts documentary
reviews and personal appearance
reviews in the NCR. Hearings may be
conducted outside the NCR at the
NDRB’s discretion contingent upon
availability of resources and manpower.
15. Section 724.701 is amended as
follows:
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19:49 Jun 29, 2009
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[Docket No. 080102007–81097–01]
RIN 0648–AW18
Magnuson-Stevens Fishery
Conservation and Management Act;
Regional Fishery Management
Councils; Operations
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule, extension of
comment period.
SUMMARY: NMFS extends the comment
period for proposed regulations that
address the operations and
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Frm 00024
Fmt 4702
Sfmt 4702
administration of regional fishery
management councils (Councils).
DATES: Comments must be received by
November 2, 2009.
ADDRESSES: You may submit comments,
identified by ‘‘RIN 0648–AW18,’’ by any
one of the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal https://
www.regulations.gov.
• Fax: 301–713–1175.
• Mail: Alan Risenhoover, Director,
Office of Sustainable Fisheries, National
Marine Fisheries Service, 1315 EastWest Highway, SSMC3, Silver Spring,
MD 20910. Please mark the outside of
the envelope ‘‘Council Operations.’’
Instructions: All comments received
are a part of the public record and will
generally be posted to https://
www.regulations.gov without change.
All Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information.
NMFS will accept anonymous
comments (enter n/a in the required
fields, if you wish to remain
anonymous). Attachments to electronic
comments will be accepted in Microsoft
Word, Excel, WordPerfect, or Adobe pdf
file formats only.
Written comments regarding the
burden-hour estimates or other aspects
of the collection-of-information
requirements contained in this proposed
rule may be submitted to the Office of
Sustainable Fisheries at the mailing
address or fax number specified above
and by e-mail to
DavidlRostker@omb.eop.gov, or fax to
(202) 395–7285.
FOR FURTHER INFORMATION CONTACT:
William D. Chappell, 301–713–2337.
SUPPLEMENTARY INFORMATION: Section
302 of the Magnuson-Stevens Act
includes provisions for the
establishment and administration of the
Councils. The Magnuson-Stevens Act
was reauthorized on January 12, 2007,
with amendments throughout, and this
proposed rule would implement some
of the changes that were made to
Section 302. Additionally, several issues
regarding Council operations and
membership have prompted proposed
changes to the regulations. Key aspects
of this proposed rule are: requirements
relative to the Council Coordinating
Committee; requirements for Scientific
and Statistical Committees (SSCs) and
financial interest reporting for SSC
members; an update of Council and
committee meeting announcement
E:\FR\FM\30JNP1.SGM
30JNP1
]]>Agencies
[Federal Register Volume 74, Number 124 (Tuesday, June 30, 2009)]
[Proposed Rules]
[Pages 31222-31224]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-15463]
=======================================================================
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DEPARTMENT OF DEFENSE
Department of the Navy
32 CFR Part 724
[No. USN-2008-0009]
RIN 0703-AA86
Naval Discharge Review Board
AGENCY: Department of the Navy, DoD.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Department of the Navy is amending its regulations to
reflect the name change of the Naval Council of Personnel Boards to the
Secretary of the Navy Council of Review Boards and to update other
administrative information pertaining to the Naval Discharge Review
Board.
[[Page 31223]]
DATES: Comment date: Interested parties should submit written comments
on or before August 31, 2009.
ADDRESSES: You may submit comments, identified by docket number and/or
Regulatory Information Number (RIN) 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 or RIN number 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://regulations.gov as they are received without change,
including any personal identifiers or contact information.
FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Tanya M. Cruz,
JAGC, U.S. Navy, Office of the Judge Advocate General (Administrative
Law), Department of the Navy, 1322 Patterson Ave., SE., Suite 3000,
Washington Navy Yard, DC 20374-5066, telephone: 703-614-7403.
SUPPLEMENTARY INFORMATION: The Department of the Navy is amending 32
CFR part 724 to reflect the name change of the Naval Council of
Personnel Boards to the Secretary of the Navy Council of Review Boards
and to update other administrative information pertaining to the Naval
Discharge Review Board.
Interested persons are invited to comment in writing on this
amendment. All written comments received will be considered in making
the proposed amendments to 32 CFR part 724. It has been determined that
this proposed rule amendment is not a major rule within the criteria
specified in Executive Order 12866, as amended by Executive Order
13258, and does not have substantial impact on the public.
Matters of Regulatory Procedure
Executive Order 12866, ``Regulatory Planning and Review''
It has been determined that 32 CFR part 724 is not a significant
regulatory action. The 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 that 32 CFR part 724 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 96-511. ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)
It has been certified that 32 CFR part 724 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 724 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 724
Administrative practice and procedure, Archives and records, and
Military personnel.
For the reasons set forth in the preamble, the Department of the
Navy proposes to amend 32 CFR part 724 as follows:
PART 724--NAVAL DISCHARGE REVIEW BOARD
1. The authority citation for part 724 continues to read as
follows:
Authority: 5 U.S.C. 301; 10 U.S.C. 1553.
2. Section 724.116 is amended by revising the section heading to
read as follows:
Sec. 724.116 Counsel/Representative.
* * * * *
Sec. 724.118 [Amended]
3. Section 724.118 is amended by removing ``and medical'' in the
second sentence.
4. Section 724.201 is revised to read as follows:
Sec. 724.201 Authority.
The Naval Discharge Review Board, established pursuant to 10 U.S.C.
1553, is a component of the Secretary of the Navy Council of Review
Boards. On December 6, 2004, the Assistant Secretary of the Navy
(Manpower & Reserve Affairs) approved the change in name from Naval
Council of Personnel Boards to Secretary of the Navy Council of Review
Boards. By SECNAVINST 5730.7 series, the Assistant Secretary of the
Navy (Manpower and Reserve Affairs) is authorized and directed to act
for the Secretary of the Navy within his/her assigned area of
responsibility and exercises oversight over the Secretary of the Naval
Council of Review Boards. SECNAVINST 5420.135 series states the
organization, mission, duties and responsibilities of the Secretary of
the Naval Council of Review Boards to include the Naval Discharge
Review Board. The Chief of Naval Operations established the Office of
Naval Disability Evaluation and the Navy Council of Personnel Boards on
1 October 1976 (OPNAVNOTE 5450 Ser 09b26/535376 of 9 Sep 1976 (Canc
frp: Apr 77)). The Chief of Naval Operations approved the change in
name of the Office of Naval Disability Evaluation and Navy Council of
Personnel Boards to Naval Council of Personnel Boards on 1 February
1977 (OPNAVNOTE 5450 Ser 099b26/32648 of 24 Jan 1977 (Canc frp: Jul
77)) with the following mission Statement:
To administer and supervise assigned boards and councils.
Sec. 724.221 [Amended]
5. Section 724.221 is amended in paragraph (a) by removing ``or at
another site within the forty-eight contiguous states.''
Sec. 724.222 [Amended]
6. Section 724.222 is amended by revising paragraph (b) to read as
follows:
Sec. 724.222 Personal appearance discharge hearing sites.
* * * * *
(b) In addition, as permitted by available resources, NDRB Panels
may travel to other selected sites within the contiguous 48 states for
the purpose of conducting reviews.
Sec. 724.223 [Amended]
7. Section 724.223 is amended in paragraph (d) by removing ``NCPB''
and adding ``NDRB'' in its place.
[[Page 31224]]
Subpart C--Director, Secretary of the Navy Council of Review Boards
and President Naval Discharge Review Board; Responsibilities in
Support of the Naval Discharge Review Board
8. The Subpart C heading is revised to read as set forth above.
9. Section 724.302 is amended as follows:
a. The section heading is revised to read as set forth below; and
b. Paragraph (h) is amended by removing ``Naval Council of
Personnel Boards'' and adding ``Secretary of the Navy Council of Review
Boards'' in its place.
Sec. 724.302 Functions: Director, Secretary of the Navy Council of
Review Boards.
* * * * *
Sec. 724.303 [Amended]
10. Section 724.303 is amended in paragraph (e) by removing
``5211.5C'' and adding ``5211.5 series'' in its place.
Sec. 724.501 [Amended]
11. Section 724.501 is amended as follows:
a. Removing paragraph (b), and redesignating paragraphs (c) through
(p) as paragraphs (b) through (o) respectively; and
b. Newly redesignated paragraph (e) is amended by removing
``withdrawn'' and adding ``withdraw'' in its place.
Sec. 724.502 [Amended]
12. Section 724.502 is amended as follows:
a. Paragraph (c) is amended by removing ``Suite 905, 801 North
Randolph Street, Arlington, VA 22203'' and adding ``720 Kennon Ave SE,
Suite 309, Washington, DC 20374-5023'' in its place; and
b. Paragraph (d) is amended by removing ``696-4881'' and adding
``685-6600'' in its place.
Sec. 724.504 [Amended]
13. Section 724.504 is amended in paragraph (a) by adding ``if
required'' after ``health record.''
14. Section 724.601 is revised to read as follows:
Sec. 724.601 General.
The NDRB is a component of the Secretary of the Navy Council of
Review Boards and has its offices located in the NCR. The NDRB conducts
documentary reviews and personal appearance reviews in the NCR.
Hearings may be conducted outside the NCR at the NDRB's discretion
contingent upon availability of resources and manpower.
15. Section 724.701 is amended as follows:
a. The introductory text is amended by removing ``Naval Council of
Personnel Boards'' and adding ``Secretary of the Navy Council of Review
Boards'' in its place; and
b. Paragraph (c) is revised to read as follows:
Sec. 724.701 Composition.
* * * * *
(c) Normally, at least three of the five members of the NDRB shall
belong to the service from which the applicant whose case is under
review was discharged.
* * * * *
16. Section 724.703 is revised to read as follows:
Sec. 724.703 Legal counsel.
Normally, the NDRB shall function without the immediate attendance
of legal counsel. In the event that a legal advisory opinion is deemed
appropriate by the NDRB, such opinion shall be obtained routinely by
reference to the Counsel assigned to the Office of the Director,
Secretary of the Navy Council of Review Boards. In addition, the NDRB
may request advisory opinions from staff offices of the Department of
the Navy, including, but not limited to the General Counsel and the
Judge Advocate General.
Dated: June 23, 2009.
T.M. Cruz,
Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy,
Alternate Federal Register Liaison Officer.
[FR Doc. E9-15463 Filed 6-29-09; 8:45 am]
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