81 FR 72523 - Management and Mobilization of Regular and Reserve Retired Military Members

DEPARTMENT OF DEFENSE
Office of the Secretary

Federal Register Volume 81, Issue 203 (October 20, 2016)

Page Range		72523-72524
FR Document		2016-25260

This final rule removes DoD's regulation concerning the management and mobilization of regular and reserve retired military members. This rule does not create the DoD's authority to recall retired members, but it directs how DoD can deploy those members once recalled into active service. Accordingly, the codified rule deals with agency management/personnel, and has been determined to not require rulemaking. Alternatively, this rule is covered by the notice-and- comment exception for military affairs, because the rule governs the uniquely military decision of how best to employ and deploy assets. Therefore, this CFR part can be removed.

Federal Register, Volume 81 Issue 203 (Thursday, October 20, 2016)

[Federal Register Volume 81, Number 203 (Thursday, October 20, 2016)]
[Rules and Regulations]
[Pages 72523-72524]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25260]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 64

[Docket ID: DOD-2016-OS-0096]
RIN 0790-AJ52


Management and Mobilization of Regular and Reserve Retired 
Military Members

AGENCY: Office of the Under Secretary of Defense for Personnel and 
Readiness, DoD.

ACTION: Final rule.

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[[Page 72524]]

SUMMARY: This final rule removes DoD's regulation concerning the 
management and mobilization of regular and reserve retired military 
members. This rule does not create the DoD's authority to recall 
retired members, but it directs how DoD can deploy those members once 
recalled into active service. Accordingly, the codified rule deals with 
agency management/personnel, and has been determined to not require 
rulemaking. Alternatively, this rule is covered by the notice-and-
comment exception for military affairs, because the rule governs the 
uniquely military decision of how best to employ and deploy assets. 
Therefore, this CFR part can be removed.

DATES: This rule is effective on October 20, 2016.

FOR FURTHER INFORMATION CONTACT: Patricia Toppings at 571-372-0485.

SUPPLEMENTARY INFORMATION: Once signed, a copy of DoD's internal 
guidance contained in DoD Instruction 1352.01 will be made available on 
the DoD Directives Web site at https://www.dtic.mil/whs/directives/corres/pdf/135201p.pdf.
    It has been determined that publication of this CFR part removal 
for public comment is impracticable, unnecessary, and contrary to 
public interest since it is based on removing DoD internal policies and 
procedures that are publically available on the Department's issuance 
Web site.
    The removal of this rule will be reported in future status updates 
of DoD's retrospective review plan in accordance with the requirements 
in Executive Order 13563. DoD's full plan can be accessed at: http://www.regulations.gov/#!docketDetail;D=DOD-2011-OS-0036.

List of Subjects in 32 CFR Part 64

    Military personnel.

PART 64--[REMOVED]

0
Accordingly, by the authority of 5 U.S.C. 301, 32 CFR part 64 is 
removed.

    Dated: October 14, 2016.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2016-25260 Filed 10-19-16; 8:45 am]
 BILLING CODE 5001-06-P

Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Rules and Regulations 72523

caused by the exploitation of longer- Executive Order 13175—Consultation authority may provisionally revoke a
length visas. and Coordination With Indian Tribal nonimmigrant visa while considering
Governments information related to whether a visa
Small Business Regulatory Enforcement holder is eligible for the visa.
Fairness Act of 1996 The Department has determined that
this rulemaking will not have tribal (3) Automatic provisional revocation
Under Section 251 of the Small implications, will not impose based on failure to comply with all
Business Regulatory Enforcement substantial direct compliance costs on EVUS requirements. Visas held by
Fairness Act of 1996 (5 U.S.C. 804), a Indian tribal governments, and will not individuals subject to the Electronic
rule that is likely to result in an annual pre-empt tribal law. Accordingly, the Visa Update System (EVUS) who have
effect on the U.S. economy of requirements of section 5 of Executive not complied with the conditions
$100,000,000 or more, along with other Order 13175 do not apply to this described in 8 CFR 215.24 or whose
rulemaking. notification of compliance has expired
criteria, is considered a major rule. State
or been rescinded are automatically
concludes that this rule does not meets Paperwork Reduction Act provisionally revoked and are no longer
the criteria for a major rule.
This rule does not impose information valid for travel to the United States,
Regulatory Flexibility Act/Executive collection requirements under the without further notice to the visa
Order 13272: Small Business provisions of the Paperwork Reduction holder. The automatic provisional
Act, 44 U.S.C., Chapter 35. revocation pursuant to this paragraph
Since this rule is exempt from the (b)(3) shall be automatically reversed
notice-and-comment rulemaking List of Subjects in 22 CFR Part 41 upon compliance with EVUS
provisions of 5 U.S.C. 553, the Aliens, Foreign officials, Immigration, requirements set out at 8 CFR part 215,
Regulatory Flexibility Act does not Passports and visas, Students. subpart B, as confirmed by receipt of a
apply to this rulemaking. See 5 U.S.C. Accordingly, for the reasons set forth notification of compliance. A visa
601(2). in the preamble, 22 CFR part 41 is revoked on grounds other than failure to
amended as follows: comply with EVUS shall remain
The Unfunded Mandates Reform Act of
revoked, notwithstanding compliance
1995 PART 41—VISAS: DOCUMENTATION with EVUS.
Section 202 of the Unfunded OF NONIMMIGRANTS UNDER THE (c) * * * This paragraph (c) does not
Mandates Reform Act of 1995, Public IMMIGRATION AND NATIONALITY apply to provisional revocations under
Law 104–4, 109 Stat. 48, 2 U.S.C. 1532, ACT, AS AMENDED paragraph (b)(3) of this section.
generally requires agencies to prepare a (d) Procedure for physically canceling
■ 1. The authority citation for part 41 visas. Except for provisional revocations
statement before promulgating any continues to read as follows:
general notice of proposed rulemaking, pursuant to paragraph (b)(3) of this
or any final rule for which a general Authority: 8 U.S.C. 1104; Pub. L. 105–277, section, a nonimmigrant visa that is
112 Stat. 2681–795 through 2681–801; 8 revoked shall be canceled by writing or
notice of proposed rulemaking was
U.S.C. 1185 note (section 7209 of Pub. L. stamping the word ‘‘REVOKED’’ plainly
published, that may result in an annual 108–458, as amended by section 546 of Pub.
expenditure of $100 million or more by across the face of the visa, if the visa is
L. 109–295). available to the consular officer. The
State, local, or tribal governments, or by ■ 2. In § 41.122:
the private sector. No such burden is failure or inability to physically cancel
■ a. Revise paragraph (b); the visa does not affect the validity of
being imposed by this rulemaking. ■ b. Add a sentence at the end of the revocation.
Executive Orders 12866 and 13563 paragraph (c); and
■ c. Revise paragraph (d).
* * * * *
State has reviewed this rule to ensure The revisions and addition read as Dated: October 13, 2016.
its consistency with the regulatory follows: Michele Thoren Bond,
philosophy and principles set forth in § 41.122 Revocation of visas. Assistant Secretary for Consular Affairs,
Executive Order 12866 and certifies that Department of State.
the benefits of this rulemaking outweigh * * * * * [FR Doc. 2016–25308 Filed 10–19–16; 8:45 am]
(b) Provisional revocation—(1)
the costs. State does not consider this BILLING CODE 4710–06–P
General. A provisional revocation is
rule to be an economically significant
subject to reversal through internal
regulatory action under Executive Order
procedures established by the
12866. In addition, State has considered DEPARTMENT OF DEFENSE
Department of State. Upon reversal of
this rule in light of Executive Order
the revocation, the visa immediately
13563 and affirms that this regulation is Office of the Secretary
resumes the validity provided for on its
consistent with the guidance therein.
face. Provisional revocation shall have
the same force and effect as any other 32 CFR Part 64
Executive Orders 12372 and 13132:
Federalism visa revocation under INA 221(i), unless [Docket ID: DOD–2016–OS–0096]
and until the revocation has been
This regulation will not have reversed. Neither the provisional RIN 0790–AJ52
substantial direct effects on the States, revocation of a visa nor the reversal of
asabaliauskas on DSK3SPTVN1PROD with RULES

on the relationship between the national a provisional revocation limits, in any Management and Mobilization of
government and the States, or the way, the revocation authority provided Regular and Reserve Retired Military
distribution of power and for under INA 221(i), with respect to the Members
responsibilities among the various particular visa or any other visa. AGENCY: Office of the Under Secretary of
levels of government. Nor will the rule (2) Pending visa eligibility Defense for Personnel and Readiness,
have federalism implications warranting determination. A consular officer, the DoD.
the application of Executive Orders No. Secretary, or any Department official to
ACTION: Final rule.
12372 and No. 13132. whom the Secretary has delegated this

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72524 Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Rules and Regulations

SUMMARY: This final rule removes DoD’s DEPARTMENT OF DEFENSE cannot supersede. It would appear there
regulation concerning the management are some great ambiguities associated
and mobilization of regular and reserve Office of the Secretary with the definitions that structure this
retired military members. This rule does rule. The definition of Lascivious,
not create the DoD’s authority to recall 32 CFR Part 235 ‘‘lewd and intended or designed to elicit
retired members, but it directs how DoD [Docket ID: DOD–2016–OS–0098] a sexual response,’’ which also
can deploy those members once recalled controlling in the definition of sexual
RIN 0790–AJ15 elicit material is too ambiguous. If an
into active service. Accordingly, the
codified rule deals with agency employee or citizen acting as a
Sale or Rental of Sexually Explicit representative of the DoD has a foot
management/personnel, and has been Material on DoD Property
determined to not require rulemaking. fetish, will all magazines depicting bare
Alternatively, this rule is covered by the AGENCY: Office of the Under Secretary of feet be banned? Then the word lewd
Defense for Personnel and Readiness, within the definition, what qualifies as
notice-and-comment exception for
DoD. lewd? Is it more or less lewd if in a
military affairs, because the rule governs
ACTION: Final rule. novel the author describes an intimate
the uniquely military decision of how evening between a hetero couple or
best to employ and deploy assets. SUMMARY: This final rule removes DoD’s homosexual couple?
Therefore, this CFR part can be regulation concerning sale or rental of Comment 2: So not only can a man or
removed. sexually explicit material on woman be sent into harm’s way without
Department of Defense (DoD) property. questioning the reasons for being sent,
DATES: This rule is effective on October
The codified rule does not impose any but they can’t even purchase from the
20, 2016.
duty or obligation on the public that is exchange or PX material that is deemed
FOR FURTHER INFORMATION CONTACT: not already imposed by statute. The rule ‘‘. . . Lascivious. Lewd and intended or
Patricia Toppings at 571–372–0485. paraphrases and does not substantially designed to elicit a sexual response.’’?
deviate from 10 U.S.C. 2495b, which And who deems material to be
SUPPLEMENTARY INFORMATION: Once establishes the prohibition on selling or
signed, a copy of DoD’s internal considered prohibited for sale or rent on
renting sexually explicit material on DoD property? A board of censors. Yes
guidance contained in DoD Instruction DoD property. Also, the codified rule
1352.01 will be made available on the this is censorship, plain and simple.
delegates internal authorities and This is an end around the First
DoD Directives Web site at https:// establishes procedures for administering Amendment of the Constitution. Why?
www.dtic.mil/whs/directives/corres/pdf/ the statute, neither of which have public Will this regulation improve our
135201p.pdf. impact. Consequently, Federal Register readiness or war fighting capability? No.
It has been determined that rulemaking is not necessary under the Will this regulation reduce our
publication of this CFR part removal for Administrative Procedure Act. readiness or war fighting capability? No.
public comment is impracticable, DATES: This rule is effective on October Is there solid, objective science showing
unnecessary, and contrary to public 20, 2016. that availability of this sort of deemed
interest since it is based on removing FOR FURTHER INFORMATION CONTACT: material leads to other behavior or
DoD internal policies and procedures Patricia Toppings at 571–372–0485. effects that reduces our readiness or war
that are publically available on the SUPPLEMENTARY INFORMATION: The fighting capability to a greater extent
Department’s issuance Web site. Department of Defense published a than other products or services offered
proposed rule in the Federal Register for sale on DoD property such as
The removal of this rule will be
titled ‘‘Prohibition of the Sale or Rental alcoholic beverages, tobacco products,
reported in future status updates of
of Sexually Explicit Material on DoD sugar-laden pop and greasy carbs-loaded
DoD’s retrospective review plan in prepared food? Hence making the
Property’’ on December 22, 2015 (80 FR
accordance with the requirements in reason for this regulation by reference to
79526–79528) for a 60-day public
Executive Order 13563. DoD’s full plan other directives spurious. Will this
comment period. The Department of
can be accessed at: http:// Defense received five public comments. regulation reduce revenue generated by
www.regulations.gov/ After publishing the proposed rule, the retail sales operations of the various
#!docketDetail;D=DOD-2011-OS-0036. DoD began a review of all rules branches of our military services? Yes.
List of Subjects in 32 CFR Part 64 currently being processed to determine If so, has this cost been included in the
if publication in the Federal Register is calculation of the cost of compliance
Military personnel. required. After reconsidering with this regulation? No. Is the cost of
publication of the proposed rule against the time of the members of the board
PART 64—[REMOVED] Administrative Procedure Act criteria and of the various submissions of
and exceptions, DoD decided not to material for review and judgement of
■ Accordingly, by the authority of 5 publish a final rule and to remove the the board been included in calculating
U.S.C. 301, 32 CFR part 64 is removed. previously-codified rule from the CFR. the cost of this regulation? No. What
Although DoD has decided to remove objective criteria is used to determine if
Dated: October 14, 2016.
the previously-codified rule, we are material should be submitted for review
Aaron Siegel, addressing the public comments or upon which a determination be made
asabaliauskas on DSK3SPTVN1PROD with RULES

Alternate OSD Federal Register Liaison received on the proposed rule that to offer for sale or not? Not specified.
Officer, Department of Defense. published in the Federal Register on For instance, under the authority of
[FR Doc. 2016–25260 Filed 10–19–16; 8:45 am] December 22, 2015. regulation, the purchase of the right to
BILLING CODE 5001–06–P Comment 1: I believe this proposed play a song by the DoD said to contain
rule is not only an excellent example of lyrics deemed lascivious, lewd and
agency waste, but a direct infringement intended or designed to elicit a sexual
of Constitutional Rights that response could be prohibited. This
employment by the DoD in any manner would make virtually the entire book of

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Document Created: 2016-10-21 09:59:05
Document Modified: 2016-10-21 09:59:05

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This rule is effective on October 20, 2016.
Contact		Patricia Toppings at 571-372-0485.
FR Citation		81 FR 72523
RIN Number		0790-AJ52

81 FR 72523 - Management and Mobilization of Regular and Reserve Retired Military Members

DEPARTMENT OF DEFENSEOffice of the Secretary

Federal Register Volume 81, Issue 203 (October 20, 2016)

DEPARTMENT OF DEFENSE
Office of the Secretary