Retroactive Stop Loss Special Pay Compensation, 54751-54754 [E9-25664]
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Federal Register / Vol. 74, No. 204 / Friday, October 23, 2009 / Rules and Regulations
CPrice-Sewell on DSKGBLS3C1PROD with RULES
alternatives and, when regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety,
and other advantages; distributive
impacts; and equity). The agency
believes that this direct final rule is not
a significant regulatory action under the
Executive order.
The Regulatory Flexibility Act
requires agencies to analyze regulatory
options that would minimize any
significant impact of a rule on small
entities. Because the direct final rule
would not impose any direct or indirect
costs on industry or government
through the amendment, but rather
would only clarify that sponsors must
include in their applications the
information described in § 514.1 that is
appropriate for their particular
submission, the agency certifies that the
direct final rule would not have a
significant economic impact on a
substantial number of small entities.
Section 202(a) of the Unfunded
Mandates Reform Act of 1995 requires
that agencies prepare a written
statement, which includes an
assessment of anticipated costs and
benefits, before proposing ‘‘any rule that
includes any Federal mandate that may
result in the expenditure by State, local,
and tribal governments, in the aggregate,
or by the private sector, of $100,000,000
or more (adjusted annually for inflation)
in any one year.’’ The current threshold
after adjustment for inflation is $133
million, using the most current (2008)
Implicit Price Deflator for the Gross
Domestic Product. FDA does not expect
this direct final rule to result in any 1year expenditure that would meet or
exceed this amount.
VI. Federalism
FDA has analyzed this direct final
rule in accordance with the principles
set forth in Executive Order 13132. FDA
has determined that the rule does not
contain policies that have substantial
direct effects on the States, on the
relationship between the National
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. Accordingly, the
agency has concluded that the rule does
not contain policies that have
federalism implications as defined in
the Executive order and, consequently,
a federalism summary impact statement
is not required.
VII. Paperwork Reduction Act of 1995
This direct final rule refers to
previously approved collections of
information found in FDA regulations.
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The direct final rule amends these
previously approved collections of
information by clarifying that NADAs
must contain the information
appropriate for the particular
submission. Further, this amendment is
based upon the Center for Veterinary
Medicine’s previous experience with
these submissions. Thus, § 514.1 as
amended, does not constitute a new or
additional paperwork burden requiring
Office of Management and Budget
(OMB) approval.
Collections of information are subject
to review by OMB under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520). The collections of information in
§ 514.1 have been approved under OMB
Control No. 0910–0032. This approval
expires April 30, 2011. An agency may
not conduct and a person is not required
to respond to a collection of information
unless it displays a valid OMB control
number.
VIII. Request for Comments
Interested persons may submit to the
Division of Dockets Management (see
ADDRESSES) written or electronic
comments regarding this document.
Submit a single copy of electronic
comments or two paper copies of any
mailed comments, except that
individuals may submit one paper copy.
Comments are to be identified with the
docket number found in brackets in the
heading of this document. Received
comments may be seen in the Division
of Dockets Management between 9 a.m.
and 4 p.m., Monday through Friday.
List of Subjects in 21 CFR Part 514
Administrative practice and
procedure, Animal drugs, Confidential
business information, Reporting and
recordkeeping requirements.
■ Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs, 21 CFR part 514 is
amended as follows:
PART 514—NEW ANIMAL DRUG
APPLICATIONS
1. The authority citation for 21 CFR
part 514 continues to read as follows:
■
Authority: 21 U.S.C. 321, 331, 351, 352,
356a, 360b, 371, 379e, 381.
2. In § 514.1, revise the first sentence
of paragraph (a) and the introductory
text of paragraph (b) to read as follows:
■
§ 514.1
Applications.
(a) Applications to be filed under
section 512(b) of the act shall be
submitted in the form and contain the
information described in paragraph (b)
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54751
of this section, as appropriate to support
the particular submission. * * *
(b) Applications for new animal drugs
shall be submitted in triplicate and
assembled in the manner prescribed by
paragraph (b)(15) of this section, and
shall include the following information,
as appropriate to support the particular
submission: * * *
*
*
*
*
*
Dated: October 19, 2009.
David Horowitz,
Assistant Commissioner for Policy.
[FR Doc. E9–25517 Filed 10–22–09; 8:45 am]
BILLING CODE 4160–01–S
DEPARTMENT OF DEFENSE
Office of the Secretary
[DOD–2009–OS–0141; RIN 0790–AI59]
32 CFR Part 279
Retroactive Stop Loss Special Pay
Compensation
AGENCY: Office of the Under Secretary of
Defense for Personnel and Readiness,
DoD.
ACTION: Interim final rule.
SUMMARY: This part provides for
Retroactive Stop Loss Special Pay as
authorized and appropriated in The
Supplemental Appropriations Act,
2009.
The prompt implementation of the
Interim Final Rule is of critical
importance as Congress dictated the
program be implemented within 120
days following the signing of the ‘‘The
Supplemental Appropriations Act,
2009. It was signed June 24, 2009.
Additionally, this program is of short
duration, from October 21, 2009 to
October 21, 2010. The last day for
submission of claims to the Secretaries
of the Military Departments for
Retroactive Stop Loss Special Pay is
October 21, 2010. The Secretaries
concerned are not authorized to make
payments on claims submitted after
October 21, 2010. The statutory
deadline provides good cause, pursuant
to 5 U.S.C. 553(d)(3), to make this rule
effective immediately upon publication.
DATES: This rule is effective October 21,
2009. Comments must be received by
December 22, 2009.
ADDRESSES: You may submit comments,
identified by docket number and/or RIN
number and title, by any of the
following methods:
• Federal Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
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Federal Register / Vol. 74, No. 204 / Friday, October 23, 2009 / Rules and Regulations
• 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: LTC
Brigitte Williams, (703) 614–3973.
SUPPLEMENTARY INFORMATION: This part
provides for Retroactive Stop Loss
Special Pay as authorized and
appropriated in The Supplemental
Appropriations Act, 2009 (Section 310
of Pub. L. 111–32) and as described in
this herein.
Executive Order 12866, ‘‘Regulatory
Planning and Review’’
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It has been certified that 32 CFR part
279 does:
(1) Have an annual effect on the
economy of $100 million or more or
adversely affect in a material way the
economy; a section of the economy;
productivity; competition; jobs; the
environment; public health or safety; or
State, local, or tribal governments or
communities. The Supplemental
Appropriations Act, 2009 appropriated
$534,400,000 to the Department of
Defense, to remain available for
obligation until expended: Provided,
That such funds shall be available to the
Secretaries of the military departments
only to make payment of claims
specified by this law.
It has been certified that 32 CFR part
279 does not:
(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 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.
Congressional Review Act, 5 U.S.C. 801,
et seq.
It has been certified that this rule is
a major rule under the Congressional
Review Act. This rule will have an
annual effect on the economy of $100
million or more. For the same reason for
which this is an Interim Final Rule,
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specifically the congressionally
mandated deadline to begin the
program, 5 U.S.C. 801(a)(3) does not
apply.
Sec. 202, Public Law 104–4, ‘‘Unfunded
Mandates Reform Act’’
It has been certified that 32 CFR part
279 does not contain a Federal mandate
resulting in 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 certified 32 CFR part 279
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.
Public Law 96–511, ‘‘Paperwork
Reduction Act’’ (44 U.S.C. Chapter 35)
Section(s) 279.4(b) of this Interim
Final Rule contains information
collection requirements. DoD has
submitted the following proposal to
OMB under the provisions of the
Paperwork Reduction Act (44 U.S.C.
Chapter 35). Comments are invited on:
(a) Whether the proposed collection of
information is necessary for the proper
performance of the functions of DoD,
including whether the information will
have practical utility; (b) the accuracy of
the estimate of the burden of the
proposed information collection; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the information collection on
respondents, including the use of
automated collection techniques or
other forms of information technology.
Title: Retroactive Stop Loss Special
Pay Compensation.
Type of Request: New.
Estimated Annual Number of
Respondents: 185,887 (Total DoD
estimate)
Responses per Respondent: 1 claim
per respondent.
Estimated Total Annual Responses:
185,887.
Average Burden per Response: 30
minutes (This claim should take 30
minutes depending on how many
supporting documents a member
requires for evidence/proof for their
circumstance.)
Annual Burden Hours: 92,943.5
hours.
Needs and Uses: The Military
Departments are to determine and
certify who is eligible to receive the
Retroactive Stop Loss Special Pay and
provide this information to the Defense
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Finance and Accounting Service for
payment.
Affected Public: Former Service
members.
Frequency: One-time.
Respondent’s Obligation: To obtain or
retain benefits.
OMB Desk Officer: Ms Jasmeet Seehra.
Written comments and
recommendations on the proposed
information collection should be sent to
Ms Jasmeet Seehra at the Office of
Management and Budget, DoD Desk
Officer, Room 10102, New Executive
Office Building, Washington, DC 20503,
with a copy to LTC Brigitte Williams,
Assistant Director, Enlisted Personnel,
Office of the Under Secretary of Defense
for Personnel and Readiness, Pentagon
2B265; Phone (703) 693–3973.
Comments can be received from 30 to 60
days after the date of this notice, but
comments to OMB will be most useful
if received by OMB within 30 days after
the date of this notice.
You may also submit comments,
identified by docket number and title,
by the following method: Federal
eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Instructions: All submissions received
must include the agency name, docket
number and title 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 https://
www.regulations.gov as they are
received without change, including any
personal identifiers or contact
information.
To request more information on this
proposed information collection or to
obtain a copy of the proposal and
associated collection instruments,
please write to LTC Brigitte Williams,
Assistant Director, Enlisted Personnel,
Office of the Under Secretary of Defense
for Personnel and Readiness, Pentagon
3C1063; Phone (703) 693–3973.
Executive Order 13132, ‘‘Federalism’’
It has been certified that 32 CFR part
279 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 279
Armed forces, Pay.
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Federal Register / Vol. 74, No. 204 / Friday, October 23, 2009 / Rules and Regulations
Accordingly 32 CFR Part 279 is added
to read as follows:
■
PART 279—RETROACTIVE STOP
LOSS SPECIAL PAY COMPENSATION
Sec.
279.1
279.2
279.3
279.4
279.5
279.6
Purpose.
Eligibility.
Payment.
Claims process.
Recordkeeping.
Reporting.
Authority: Sec. 310, Pub. L. 111–32
§ 279.1
Purpose.
This part provides for Retroactive
Stop Loss Special Pay as authorized and
appropriated in Section 310 of Public
Law 111–32 and as described in this
part.
§ 279.2
Eligibility.
(a) The Secretaries concerned shall
employ the Retroactive Stop Loss
Special Pay authority and appropriated
funding to compensate Service
members, including members of the
Reserve components, former and retired
members under the jurisdiction of the
Secretary who, at any time during the
period beginning on September 11,
2001, and ending on September 30,
2009, served on active duty while the
Service members’ enlistment or period
of obligated service was extended, or
whose eligibility for retirement was
suspended pursuant to any provision of
law authorizing the President to extend
any period of obligated service, or
suspend eligibility for retirement, of a
Service member in time of war or of
national emergency declared by
Congress or the President (commonly
referred to as a ‘‘stop loss authority’’).
(b) Service members who were
discharged or released from the Armed
Forces under other than honorable
conditions are not permitted to receive
Retroactive Stop Loss Special Pay under
Section 310 of Public Law 111–32.
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§ 279.3
Payment.
(a) The amount of compensation shall
be $500 per month for each month or
any portion of a month during the
period specified above that the member
was retained on active duty as a result
of application of the Stop Loss
Authority. The Military Departments are
to determine and certify who is eligible
to receive the Retroactive Stop Loss
Special Pay and provide this
information to the Defense Finance and
Accounting Service (DFAS) for
payment. Except as noted this section,
retroactive Stop Loss Special Pay is
payable to a member under this section
in addition to any other amounts
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13:34 Oct 22, 2009
Jkt 220001
payable or paid to the member by law
or policy.
(b) Payment rules are:
(1) Service members will not receive
a payment under ‘‘The Supplemental
Appropriations Act, 2009’’, Section 310
of Public Law 111–32 and
‘‘Consolidated Security, Disaster
Assistance, and Continuing
Appropriations Act, 2009’’, Section
8116 of Public Law 110–329, for the
same month or portion of a month
during which the member was retained
on active duty under Stop Loss
Authority as outlined in the Secretary of
Defense Memorandum dated March 19,
2009, Subject: Stop Loss Special Pay.
(2) By law, Reserve Component
members retained under Stop Loss
Authority will receive Retroactive Stop
Loss Special Pay only for service on
active duty. As such, Reserve
Component members may have periods
before mobilization and after
demobilization while under Stop Loss
Authority where no Retroactive Stop
Loss Special Pay can be paid.
(3) Retroactive Stop Loss Special Pay
is subject to all applicable taxes.
§ 279.4
Claims process.
(a) The last day for submission of
claims to the Secretaries of the Military
Departments for Retroactive Stop Loss
Special Pay is October 21, 2010. The
Secretaries concerned are not
authorized to make payments on claims
that are submitted after October 21,
2010.
(b) The additional period between the
date of Under Secretary of Defense for
Personnel and Readiness Memorandum,
Subject: Retroactive Stop Loss Special
Pay Compensation signed on September
23, 2009 and October 21, 2009 is
provided for the Military Departments
to:
(1) Identify and formally notify
members or former members that
official records indicate their potential
eligibility for Retroactive Stop Loss
Special Pay. This notification should
reflect the estimated number of eligible
months and the projected special pay
amount along with guidance about how
to submit a claim. Special care should
be taken to work with family members
of eligible Service members who are
deceased. These family members may
not be knowledgeable of the process and
will require additional assistance after
filing their claim.
(2) Make a public announcement of
the Retroactive Stop Loss Special Pay
Authority highlighting the scope of the
program, who qualifies for the benefits,
and how to submit a claim to a Service
point of contact. The Service contact
information will be provided in all
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54753
public releases by the Office of
Secretary of Defense (OSD) Public
Affairs Office, as well as by each of the
Services Public Affairs Offices.
(3) Establish and publish evidentiary
requirements beyond those listed in this
paragraph to support an unrecorded
extension under Stop Loss Authority.
Official documents may include but are
not limited to:
(i) DD 214 Form, Certificate of Release
or Discharge from Active Duty and/or
DD 215, Correction to DD 214.
(ii) Personnel record or enlistment or
reenlistment document recording
original expiration of service date.
(iii) Approved retirement
memorandum or orders establishing
retirement prior to actual date of
retirement as stipulated in DD Form 214
or DD Form 215.
(iv) Approved resignation
memorandum or transition orders
establishing a separation date prior to
actual date of separation as stipulated in
DD Form 214 or DD Form 215.
(v) Signed documentation or affidavit
from knowledgeable officials from the
individual’s chain of command.
(4) Establish claim and appellate
procedures, Web sites, points of contact
for assistance or other outreach
mechanisms to inform and expedite
claims. Publish information on use of
Board for Correction of Military/Naval
Records.
(5) Claim is submitted and
adjudicated by the Service, then sent
forward to the Defense Finance and
Accounting Service (DFAS) for
payment. Upon arrival DFAS will route
claim to Debt Claims Management who
will process the claim. Payments are
then routed through Disbursing and
then to Standards and Compliance.
Then Disbursing will make payment to
the former Service member or estate.
Standards and Compliance will build
and route reports for OSD and personnel
centers.
§ 279.5
Recordkeeping.
The Military Departments will
maintain a by-name accounting of
claims that will allow aggregate
summaries to depict:
(a) The number of claims filed.
(b) The number of claims approved.
(c) The number of claims denied and
the reasons why (especially with regard
to subparagraph (h) of Section 310 of
Pub. L. 111–32).
(d) The number of appeals.
(e) The number of claims pending and
the reasons why.
(f) The amount of funding that has
been obligated, to include mean and
median payments provided per
claimant, the number of claims and
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Federal Register / Vol. 74, No. 204 / Friday, October 23, 2009 / Rules and Regulations
payments made in accordance with
section 2771 of title 10, United States
Code for deceased claimants.
(g) The mean and median processing
times from receipt of claim to payment.
§ 279.6
Reporting.
The Department of Defense shall
provide a consolidated report to the
congressional defense committees on
the implementation of Section 310 of
Pub. L. 111–32. As such, the Under
Secretary of Defense for Personnel and
Readiness, in coordination with the
Under Secretary of Defense
(Comptroller), will establish data
formats and narrative requirements for a
cumulative quarterly report beginning
January 21, 2010, to monitor the
program and the remaining balance of
funding appropriated for this purpose.
Dated: October 21, 2009.
Patricia L. Toppings,
OSD Federal Register Liaison Officer,
Department of Defense.
[FR Doc. E9–25664 Filed 10–21–09; 4:15 pm]
BILLING CODE 5001–06–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket Number USCG–2009–0913]
Drawbridge Operation Regulations;
Upper Mississippi River, Clinton, IA
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
CPrice-Sewell on DSKGBLS3C1PROD with RULES
ACTION:
SUMMARY: The Commander, Eighth
Coast Guard District has issued a
temporary deviation from the regulation
governing the operations of the Clinton
Railroad Drawbridge across the Upper
Mississippi River, Mile 518.0, Clinton,
Iowa. The deviation is necessary to
allow time for performing needed
maintenance and repairs to the bridge.
This deviation allows the bridge to open
on signal if at least 24 hours’ advance
notice is given from 12:01 a.m.,
December 15, 2009 until 9 a.m., March
15, 2010.
DATES: This deviation is effective from
12:01 a.m., December 15, 2009 until 9
a.m., March 15, 2010.
ADDRESSES: Documents mentioned in
this preamble as being available in the
docket are part of docket USCG–2009–
0913 and are available online by going
to https://www.regulations.gov, inserting
USCG–2009–0913 in the ‘‘Keyword’’
and then clicking ‘‘Search’’. They are
VerDate Nov<24>2008
13:34 Oct 22, 2009
Jkt 220001
also available for inspection or copying
at the Docket Management Facility (M–
30), U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
e-mail Roger K. Wiebusch, Bridge
Administrator, Coast Guard; telephone
(314) 269–2378, e-mail
Roger.K.Wiebusch@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone (202)
366–9826.
The Union
Pacific Railroad Company requested a
temporary deviation for the Clinton
Railroad Drawbridge, across the Upper
Mississippi, mile 518.0, at Clinton, Iowa
to open on signal if at least 24 hours’
advance notice is given in order to
facilitate needed bridge maintenance
and repairs. The Clinton Railroad
Drawbridge currently operates in
accordance with 33 CFR 117.5, which
states the general requirement that
drawbridges shall open promptly and
fully for the passage of vessels when a
request to open is given in accordance
with the subpart. In order to facilitate
the needed bridge work, the drawbridge
must be kept in the closed-to-navigation
position. This deviation allows the
bridge to open on signal if at least 24
hours’ advance notice is given from
12:01 a.m. December 15, 2009 until 9
a.m., March 15, 2010.
There are no alternate routes for
vessels transiting this section of the
Upper Mississippi River.
The Clinton Railroad Drawbridge, in
the closed-to-navigation position,
provides a vertical clearance of 18.7 feet
above normal pool. Navigation on the
waterway consists primarily of
commercial tows and recreational
watercraft. This temporary deviation has
been coordinated with waterway users.
No objections were received.
In accordance with 33 CFR 117.35(e),
the drawbridge shall return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
SUPPLEMENTARY INFORMATION:
Dated: October 6, 2009.
Roger K. Wiebusch,
Bridge Administrator.
[FR Doc. E9–25598 Filed 10–22–09; 8:45 am]
BILLING CODE 4910–15–P
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POSTAL REGULATORY COMMISSION
39 CFR Part 3030
[Docket No. RM2010–2; Order No. 314]
Modification of Complaint Rules
Postal Regulatory Commission.
Direct final rule.
AGENCY:
ACTION:
SUMMARY: Under new rules, postal
complaints must be served on both the
Commission and the Postal Service.
This document informs the public of a
change in the email account for service
on the Postal Service.
DATES: This rule is effective December 2,
2009 without further action, unless
adverse comment is received by
November 23, 2009. If adverse comment
is received, the Commission will
publish a timely withdrawal of the rule
in the Federal Register.
ADDRESSES: Submit comments
electronically via the Commission’s
Filing Online system at
https://www.prc.gov. Commenters who
cannot submit their views electronically
should contact the person identified in
FOR FURTHER INFORMATION CONTACT by
telephone for advice on alternatives to
electronic filing.
FOR FURTHER INFORMATION CONTACT:
Stephen L. Sharfman, General Counsel,
202–789–6820 or
stephen.sharfman@prc.gov.
SUPPLEMENTARY INFORMATION:
Regulatory History, 74 FR 16734
(April 10, 2009).
Section 3030.11 of the Commission’s
rules, 39 CFR 3030.11, specifies that
complainants must serve their
complaints on the Postal Service via
email at a specified email address. This
order changes the email address
referenced in 39 CFR 3030.11. To
accurately reflect the current status, the
email address listed in that section is,
by this order, changed from
‘‘Sandra.t.broadus@usps.gov’’ to
‘‘PRCCOMPLAINTS@usps.gov.’’
Notice and effective date. Given the
nature and limited extent of this change,
the Commission is adopting it as a
direct final rule. This rule is effective 40
days after publication in the Federal
Register without further Commission
action, unless the Commission receives
adverse comment within 30 days of
publication in the Federal Register.1 If
adverse comment is received, the
Commission will publish a timely
withdrawal of the rule in the Federal
1 See Administrative Conference of the United
States Recommendation 95–4, Procedures for
Noncontroversial and Expedited Rulemaking, 60 FR
43110–13, August 18, 1995.
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]]>Agencies
[Federal Register Volume 74, Number 204 (Friday, October 23, 2009)]
[Rules and Regulations]
[Pages 54751-54754]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-25664]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Office of the Secretary
[DOD-2009-OS-0141; RIN 0790-AI59]
32 CFR Part 279
Retroactive Stop Loss Special Pay Compensation
AGENCY: Office of the Under Secretary of Defense for Personnel and
Readiness, DoD.
ACTION: Interim final rule.
-----------------------------------------------------------------------
SUMMARY: This part provides for Retroactive Stop Loss Special Pay as
authorized and appropriated in The Supplemental Appropriations Act,
2009.
The prompt implementation of the Interim Final Rule is of critical
importance as Congress dictated the program be implemented within 120
days following the signing of the ``The Supplemental Appropriations
Act, 2009. It was signed June 24, 2009. Additionally, this program is
of short duration, from October 21, 2009 to October 21, 2010. The last
day for submission of claims to the Secretaries of the Military
Departments for Retroactive Stop Loss Special Pay is October 21, 2010.
The Secretaries concerned are not authorized to make payments on claims
submitted after October 21, 2010. The statutory deadline provides good
cause, pursuant to 5 U.S.C. 553(d)(3), to make this rule effective
immediately upon publication.
DATES: This rule is effective October 21, 2009. Comments must be
received by December 22, 2009.
ADDRESSES: You may submit comments, identified by docket number and/or
RIN number and title, by any of the following methods:
Federal Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
[[Page 54752]]
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: LTC Brigitte Williams, (703) 614-3973.
SUPPLEMENTARY INFORMATION: This part provides for Retroactive Stop Loss
Special Pay as authorized and appropriated in The Supplemental
Appropriations Act, 2009 (Section 310 of Pub. L. 111-32) and as
described in this herein.
Executive Order 12866, ``Regulatory Planning and Review''
It has been certified that 32 CFR part 279 does:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy; a section of the
economy; productivity; competition; jobs; the environment; public
health or safety; or State, local, or tribal governments or
communities. The Supplemental Appropriations Act, 2009 appropriated
$534,400,000 to the Department of Defense, to remain available for
obligation until expended: Provided, That such funds shall be available
to the Secretaries of the military departments only to make payment of
claims specified by this law.
It has been certified that 32 CFR part 279 does not:
(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
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.
Congressional Review Act, 5 U.S.C. 801, et seq.
It has been certified that this rule is a major rule under the
Congressional Review Act. This rule will have an annual effect on the
economy of $100 million or more. For the same reason for which this is
an Interim Final Rule, specifically the congressionally mandated
deadline to begin the program, 5 U.S.C. 801(a)(3) does not apply.
Sec. 202, Public Law 104-4, ``Unfunded Mandates Reform Act''
It has been certified that 32 CFR part 279 does not contain a
Federal mandate resulting in 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 certified 32 CFR part 279 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.
Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)
Section(s) 279.4(b) of this Interim Final Rule contains information
collection requirements. DoD has submitted the following proposal to
OMB under the provisions of the Paperwork Reduction Act (44 U.S.C.
Chapter 35). Comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of DoD, including whether the information will have
practical utility; (b) the accuracy of the estimate of the burden of
the proposed information collection; (c) ways to enhance the quality,
utility, and clarity of the information to be collected; and (d) ways
to minimize the burden of the information collection on respondents,
including the use of automated collection techniques or other forms of
information technology.
Title: Retroactive Stop Loss Special Pay Compensation.
Type of Request: New.
Estimated Annual Number of Respondents: 185,887 (Total DoD
estimate)
Responses per Respondent: 1 claim per respondent.
Estimated Total Annual Responses: 185,887.
Average Burden per Response: 30 minutes (This claim should take 30
minutes depending on how many supporting documents a member requires
for evidence/proof for their circumstance.)
Annual Burden Hours: 92,943.5 hours.
Needs and Uses: The Military Departments are to determine and
certify who is eligible to receive the Retroactive Stop Loss Special
Pay and provide this information to the Defense Finance and Accounting
Service for payment.
Affected Public: Former Service members.
Frequency: One-time.
Respondent's Obligation: To obtain or retain benefits.
OMB Desk Officer: Ms Jasmeet Seehra.
Written comments and recommendations on the proposed information
collection should be sent to Ms Jasmeet Seehra at the Office of
Management and Budget, DoD Desk Officer, Room 10102, New Executive
Office Building, Washington, DC 20503, with a copy to LTC Brigitte
Williams, Assistant Director, Enlisted Personnel, Office of the Under
Secretary of Defense for Personnel and Readiness, Pentagon 2B265; Phone
(703) 693-3973. Comments can be received from 30 to 60 days after the
date of this notice, but comments to OMB will be most useful if
received by OMB within 30 days after the date of this notice.
You may also submit comments, identified by docket number and
title, by the following method: Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments.
Instructions: All submissions received must include the agency
name, docket number and title 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 https://www.regulations.gov as they are received without
change, including any personal identifiers or contact information.
To request more information on this proposed information collection
or to obtain a copy of the proposal and associated collection
instruments, please write to LTC Brigitte Williams, Assistant Director,
Enlisted Personnel, Office of the Under Secretary of Defense for
Personnel and Readiness, Pentagon 3C1063; Phone (703) 693-3973.
Executive Order 13132, ``Federalism''
It has been certified that 32 CFR part 279 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 279
Armed forces, Pay.
[[Page 54753]]
0
Accordingly 32 CFR Part 279 is added to read as follows:
PART 279--RETROACTIVE STOP LOSS SPECIAL PAY COMPENSATION
Sec.
279.1 Purpose.
279.2 Eligibility.
279.3 Payment.
279.4 Claims process.
279.5 Recordkeeping.
279.6 Reporting.
Authority: Sec. 310, Pub. L. 111-32
Sec. 279.1 Purpose.
This part provides for Retroactive Stop Loss Special Pay as
authorized and appropriated in Section 310 of Public Law 111-32 and as
described in this part.
Sec. 279.2 Eligibility.
(a) The Secretaries concerned shall employ the Retroactive Stop
Loss Special Pay authority and appropriated funding to compensate
Service members, including members of the Reserve components, former
and retired members under the jurisdiction of the Secretary who, at any
time during the period beginning on September 11, 2001, and ending on
September 30, 2009, served on active duty while the Service members'
enlistment or period of obligated service was extended, or whose
eligibility for retirement was suspended pursuant to any provision of
law authorizing the President to extend any period of obligated
service, or suspend eligibility for retirement, of a Service member in
time of war or of national emergency declared by Congress or the
President (commonly referred to as a ``stop loss authority'').
(b) Service members who were discharged or released from the Armed
Forces under other than honorable conditions are not permitted to
receive Retroactive Stop Loss Special Pay under Section 310 of Public
Law 111-32.
Sec. 279.3 Payment.
(a) The amount of compensation shall be $500 per month for each
month or any portion of a month during the period specified above that
the member was retained on active duty as a result of application of
the Stop Loss Authority. The Military Departments are to determine and
certify who is eligible to receive the Retroactive Stop Loss Special
Pay and provide this information to the Defense Finance and Accounting
Service (DFAS) for payment. Except as noted this section, retroactive
Stop Loss Special Pay is payable to a member under this section in
addition to any other amounts payable or paid to the member by law or
policy.
(b) Payment rules are:
(1) Service members will not receive a payment under ``The
Supplemental Appropriations Act, 2009'', Section 310 of Public Law 111-
32 and ``Consolidated Security, Disaster Assistance, and Continuing
Appropriations Act, 2009'', Section 8116 of Public Law 110-329, for the
same month or portion of a month during which the member was retained
on active duty under Stop Loss Authority as outlined in the Secretary
of Defense Memorandum dated March 19, 2009, Subject: Stop Loss Special
Pay.
(2) By law, Reserve Component members retained under Stop Loss
Authority will receive Retroactive Stop Loss Special Pay only for
service on active duty. As such, Reserve Component members may have
periods before mobilization and after demobilization while under Stop
Loss Authority where no Retroactive Stop Loss Special Pay can be paid.
(3) Retroactive Stop Loss Special Pay is subject to all applicable
taxes.
Sec. 279.4 Claims process.
(a) The last day for submission of claims to the Secretaries of the
Military Departments for Retroactive Stop Loss Special Pay is October
21, 2010. The Secretaries concerned are not authorized to make payments
on claims that are submitted after October 21, 2010.
(b) The additional period between the date of Under Secretary of
Defense for Personnel and Readiness Memorandum, Subject: Retroactive
Stop Loss Special Pay Compensation signed on September 23, 2009 and
October 21, 2009 is provided for the Military Departments to:
(1) Identify and formally notify members or former members that
official records indicate their potential eligibility for Retroactive
Stop Loss Special Pay. This notification should reflect the estimated
number of eligible months and the projected special pay amount along
with guidance about how to submit a claim. Special care should be taken
to work with family members of eligible Service members who are
deceased. These family members may not be knowledgeable of the process
and will require additional assistance after filing their claim.
(2) Make a public announcement of the Retroactive Stop Loss Special
Pay Authority highlighting the scope of the program, who qualifies for
the benefits, and how to submit a claim to a Service point of contact.
The Service contact information will be provided in all public releases
by the Office of Secretary of Defense (OSD) Public Affairs Office, as
well as by each of the Services Public Affairs Offices.
(3) Establish and publish evidentiary requirements beyond those
listed in this paragraph to support an unrecorded extension under Stop
Loss Authority. Official documents may include but are not limited to:
(i) DD 214 Form, Certificate of Release or Discharge from Active
Duty and/or DD 215, Correction to DD 214.
(ii) Personnel record or enlistment or reenlistment document
recording original expiration of service date.
(iii) Approved retirement memorandum or orders establishing
retirement prior to actual date of retirement as stipulated in DD Form
214 or DD Form 215.
(iv) Approved resignation memorandum or transition orders
establishing a separation date prior to actual date of separation as
stipulated in DD Form 214 or DD Form 215.
(v) Signed documentation or affidavit from knowledgeable officials
from the individual's chain of command.
(4) Establish claim and appellate procedures, Web sites, points of
contact for assistance or other outreach mechanisms to inform and
expedite claims. Publish information on use of Board for Correction of
Military/Naval Records.
(5) Claim is submitted and adjudicated by the Service, then sent
forward to the Defense Finance and Accounting Service (DFAS) for
payment. Upon arrival DFAS will route claim to Debt Claims Management
who will process the claim. Payments are then routed through Disbursing
and then to Standards and Compliance. Then Disbursing will make payment
to the former Service member or estate. Standards and Compliance will
build and route reports for OSD and personnel centers.
Sec. 279.5 Recordkeeping.
The Military Departments will maintain a by-name accounting of
claims that will allow aggregate summaries to depict:
(a) The number of claims filed.
(b) The number of claims approved.
(c) The number of claims denied and the reasons why (especially
with regard to subparagraph (h) of Section 310 of Pub. L. 111-32).
(d) The number of appeals.
(e) The number of claims pending and the reasons why.
(f) The amount of funding that has been obligated, to include mean
and median payments provided per claimant, the number of claims and
[[Page 54754]]
payments made in accordance with section 2771 of title 10, United
States Code for deceased claimants.
(g) The mean and median processing times from receipt of claim to
payment.
Sec. 279.6 Reporting.
The Department of Defense shall provide a consolidated report to
the congressional defense committees on the implementation of Section
310 of Pub. L. 111-32. As such, the Under Secretary of Defense for
Personnel and Readiness, in coordination with the Under Secretary of
Defense (Comptroller), will establish data formats and narrative
requirements for a cumulative quarterly report beginning January 21,
2010, to monitor the program and the remaining balance of funding
appropriated for this purpose.
Dated: October 21, 2009.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. E9-25664 Filed 10-21-09; 4:15 pm]
BILLING CODE 5001-06-P
