83_FR_22948 83 FR 22852 - Assistance to and Support of Dependents; Paternity Complaints

83 FR 22852 - Assistance to and Support of Dependents; Paternity Complaints

DEPARTMENT OF DEFENSE
Department of the Navy

Federal Register Volume 83, Issue 96 (May 17, 2018)

Page Range22852-22853
FR Document2018-10587

This final rule removes DoD's regulation requiring naval personnel to provide support to dependents. It has been determined that the content of this part is internal DoD policy, and while that policy is publicly available, the part should be removed.

Federal Register, Volume 83 Issue 96 (Thursday, May 17, 2018)
[Federal Register Volume 83, Number 96 (Thursday, May 17, 2018)]
[Rules and Regulations]
[Pages 22852-22853]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10587]


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DEPARTMENT OF DEFENSE

Department of the Navy

32 CFR Part 733

[Docket ID: USN-2017-HQ-0006]
RIN 0703-AA96


Assistance to and Support of Dependents; Paternity Complaints

AGENCY: Department of the Navy (DoN), DoD.

ACTION: Final rule.

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SUMMARY: This final rule removes DoD's regulation requiring naval 
personnel to provide support to dependents. It has been determined that 
the content of this part is internal DoD policy, and while that policy 
is publicly available, the part should be removed.

DATES: This rule is effective on May 17, 2018.

FOR FURTHER INFORMATION CONTACT: CDR Amanda Myers, 703-697-1311.

SUPPLEMENTARY INFORMATION: 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 website.
    This part is proprietary or of unique interest to the Department of 
the Navy. The Military Personnel Manual (MILPERSMAN) (for the Navy) 
(available at http://www.public.navy.mil/bupers-npc/reference/milpersman/pages/default.aspx) and the Marine Corps Manual for Legal 
Administration (LEGADMINMAN) (for the Marine Corps) (available at 
http://www.marines.mil/Portals/59/MCOP5800.16AWCH1-7.pdf) are readily 
available online and used by commands as administrative tools to 
determine equitable support when there is no competent court order. 
There is no right afforded to the public (specifically, dependents) 
either by statute or internal service regulation. The MILPERSMAN and 
LEGADMINMAN are clear that the guidelines contained therein are tools 
that a commander may use to ensure good order and discipline within the 
unit. For these reasons, this part has been determined to be internal 
DoD policy and as such, it does not fall under the criteria of 
rulemaking under the Administrative Procedure Act.
    This rule is not significant under Executive Order (E.O.) 12866, 
``Regulatory Planning and Review,'' therefore, E.O. 13771, ``Reducing 
Regulation and Controlling Regulatory Costs'' does not apply.

List of Subjects in 32 CFR Part 733

    Alimony, Child support, Claims, Military personnel, Wages.

PART 733--[REMOVED]

0
Accordingly, by the authority of 5 U.S.C. 301, 32 CFR part 733 is 
removed.


[[Page 22853]]


    Dated: May 9, 2018.
E.K. Baldini,
Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, 
Federal Register Liaison Officer.
[FR Doc. 2018-10587 Filed 5-16-18; 8:45 am]
 BILLING CODE 3810-FF-P



                                           22852                   Federal Register / Vol. 83, No. 96 / Thursday, May 17, 2018 / Rules and Regulations

                                           This determination is based upon the                            is the subject of this rulemaking, is                PART 925—MISSOURI
                                           fact that the State submittal, which is                         based upon counterpart Federal
                                           the subject of this rulemaking, is based                        regulations for which an analysis was                ■ 1. The authority citation for part 925
                                           upon counterpart Federal regulations for                        prepared and a determination made that               continues to read as follows:
                                           which an analysis was prepared and a                            the Federal regulation did not impose
                                           determination made that the Federal                             an unfunded mandate.                                     Authority: 30 U.S.C. 1201 et seq.
                                           regulation was not considered a major                                                                                ■ 2. Section 925.15 is amended in the
                                                                                                           List of Subjects in 30 CFR Part 925
                                           rule.                                                                                                                table by adding an entry in
                                                                                                             Intergovernmental relations, Surface               chronological order by ‘‘Date of final
                                           Unfunded Mandates                                               mining, Underground mining.
                                                                                                                                                                publication’’ to read as follows:
                                              This rulemaking will not impose an                             Dated: February 13, 2018.
                                           unfunded mandate on State, local, or                            Alfred L. Clayborne,                                 § 925.15 Approval of Missouri regulatory
                                           tribal governments or the private sector                        Regional Director, Mid-Continent Region.             program amendments.
                                           of $100 million or more in any given                              For the reasons set out in the                     *        *      *     *     *
                                           year. This determination is based upon                          preamble, 30 CFR part 925 is amended
                                           the fact that the State submittal, which                        as set forth below:

                                               Original amendment submission                         Date of final publication                                      Citation/description
                                                            date


                                                     *                             *                      *                                *                    *                    *                    *
                                           April 18, 2014 .................................   May 17, 2018 ................................. 10 CSR 40–6.030(1)(B)1., 3., (2)(A), and (4)(C); 6.070(7)(C), (8)(M),
                                                                                                                                               (N), (11)(A)4., and (B); 6.100(1)(B) and (2)(A); 8.030(6)(G) and (H);
                                                                                                                                               and 8.040(5)(B).



                                           ■ 3. Section 925.16 is amended by                               DEPARTMENT OF DEFENSE                                reference/milpersman/pages/
                                           adding paragraphs (v) and (w) to read as                                                                             default.aspx) and the Marine Corps
                                           follows:                                                        Department of the Navy                               Manual for Legal Administration
                                                                                                                                                                (LEGADMINMAN) (for the Marine
                                           § 925.16      Required program amendments.                      32 CFR Part 733                                      Corps) (available at http://
                                           *     *    *     *     *                                        [Docket ID: USN–2017–HQ–0006]                        www.marines.mil/Portals/59/
                                             (v) By November 19, 2018, Missouri                                                                                 MCOP5800.16AWCH1-7.pdf) are readily
                                                                                                           RIN 0703–AA96
                                           shall submit a proposed amendment, or                                                                                available online and used by commands
                                           a description of an amendment to be                             Assistance to and Support of                         as administrative tools to determine
                                           proposed, along with a timetable for                            Dependents; Paternity Complaints                     equitable support when there is no
                                           enactment, that will add a counterpart                                                                               competent court order. There is no right
                                           to 30 CFR 778.11(b)(4), pertaining to the                       AGENCY:   Department of the Navy (DoN),              afforded to the public (specifically,
                                           requirement for applicant and operator                          DoD.                                                 dependents) either by statute or internal
                                           information provided in the permit                              ACTION:   Final rule.                                service regulation. The MILPERSMAN
                                           application, at 10 CSR 40–6.030 and 10                                                                               and LEGADMINMAN are clear that the
                                                                                                           SUMMARY:    This final rule removes DoD’s
                                           CSR 40–6.100.                                                                                                        guidelines contained therein are tools
                                                                                                           regulation requiring naval personnel to
                                             (w) By November 19, 2018, Missouri                            provide support to dependents. It has                that a commander may use to ensure
                                           shall submit a proposed amendment, or                           been determined that the content of this             good order and discipline within the
                                           a description of an amendment to be                             part is internal DoD policy, and while               unit. For these reasons, this part has
                                           proposed, along with a timetable for                            that policy is publicly available, the part          been determined to be internal DoD
                                           enactment, that will add a counterpart                          should be removed.                                   policy and as such, it does not fall
                                           to 30 CFR 778.11(d)(1), pertaining to the                       DATES: This rule is effective on May 17,
                                                                                                                                                                under the criteria of rulemaking under
                                           requirement to include telephone                                2018.                                                the Administrative Procedure Act.
                                           numbers for certain individuals in the                          FOR FURTHER INFORMATION CONTACT: CDR                    This rule is not significant under
                                           permit application, at 10 CSR 40–                               Amanda Myers, 703–697–1311.                          Executive Order (E.O.) 12866,
                                           6.030(1)(B)–(C) and 10 CSR 40–                                  SUPPLEMENTARY INFORMATION: It has been               ‘‘Regulatory Planning and Review,’’
                                           6.100(1)(B)–(C).                                                determined that publication of this CFR              therefore, E.O. 13771, ‘‘Reducing
                                           [FR Doc. 2018–10482 Filed 5–16–18; 8:45 am]                     part removal for public comment is                   Regulation and Controlling Regulatory
                                           BILLING CODE 4310–05–P                                          impracticable, unnecessary, and                      Costs’’ does not apply.
                                                                                                           contrary to public interest since it is              List of Subjects in 32 CFR Part 733
                                                                                                           based on removing DoD internal
                                                                                                           policies and procedures that are                      Alimony, Child support, Claims,
                                                                                                           publically available on the Department’s             Military personnel, Wages.
                                                                                                           website.
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                                                                                                             This part is proprietary or of unique              PART 733—[REMOVED]
                                                                                                           interest to the Department of the Navy.
                                                                                                           The Military Personnel Manual                        ■ Accordingly, by the authority of 5
                                                                                                           (MILPERSMAN) (for the Navy)                          U.S.C. 301, 32 CFR part 733 is removed.
                                                                                                           (available at http://
                                                                                                           www.public.navy.mil/bupers-npc/


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                                                               Federal Register / Vol. 83, No. 96 / Thursday, May 17, 2018 / Rules and Regulations                                          22853

                                             Dated: May 9, 2018.                                   FOR FURTHER INFORMATION CONTACT:          Jeff        Executive Orders 12866 (58 FR 51735,
                                           E.K. Baldini,                                           Hunt at (206) 553–0256, or hunt.jeff@                 October 4, 1993) and 13563 (76 FR 3821,
                                           Lieutenant Commander, Judge Advocate                    epa.gov.                                              January 21, 2011);
                                           General’s Corps, U.S. Navy, Federal Register            SUPPLEMENTARY INFORMATION:
                                                                                                                                                            • is not an Executive Order 13771 (82
                                           Liaison Officer.                                        Throughout this document wherever                     FR 9339, February 2, 2017) regulatory
                                           [FR Doc. 2018–10587 Filed 5–16–18; 8:45 am]             ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is             action because actions such as SIP
                                           BILLING CODE 3810–FF–P                                  intended to refer to the EPA.                         approvals are exempted under
                                                                                                                                                         Executive Order 12866;
                                                                                                   I. Background Information                                • does not impose an information
                                                                                                      On March 19, 2018, the EPA proposed                collection burden under the provisions
                                           ENVIRONMENTAL PROTECTION                                to approve Oregon’s Regional Haze                     of the Paperwork Reduction Act (44
                                           AGENCY                                                  Progress Report (83 FR 11927). An                     U.S.C. 3501 et seq.);
                                                                                                   explanation of the Clean Air Act                         • is certified as not having a
                                           40 CFR Part 52                                                                                                significant economic impact on a
                                                                                                   requirements, a detailed analysis of the
                                                                                                   submittal, and the EPA’s reasons for                  substantial number of small entities
                                           [EPA–R10–OAR–2017–0482; FRL–9978–16–                                                                          under the Regulatory Flexibility Act (5
                                                                                                   proposing approval were provided in
                                           OAR]                                                                                                          U.S.C. 601 et seq.);
                                                                                                   the notice of proposed rulemaking, and
                                                                                                   will not be restated here. The public                    • does not contain any unfunded
                                           Air Plan Approval; Oregon; Regional                                                                           mandate or significantly or uniquely
                                           Haze Progress Report                                    comment period for the proposal ended
                                                                                                   April 18, 2018.                                       affect small governments, as described
                                           AGENCY:  Environmental Protection                                                                             in the Unfunded Mandates Reform Act
                                           Agency (EPA).                                           II. Response to Comments                              of 1995 (Pub. L. 104–4);
                                                                                                      We received three comments on the                     • does not have Federalism
                                           ACTION: Final rule.
                                                                                                   rulemaking. After reviewing the                       implications as specified in Executive
                                           SUMMARY:   The Environmental Protection                 comments, we have determined that the                 Order 13132 (64 FR 43255, August 10,
                                           Agency (EPA) is approving a revision to                 comments are outside the scope of our                 1999);
                                           the Oregon regional haze State                          proposed action and fail to identify any                 • is not an economically significant
                                           Implementation Plan (SIP) submitted by                  material issue necessitating a response.              regulatory action based on health or
                                           the state on July 18, 2017. Oregon                      For more information, please see our                  safety risks subject to Executive Order
                                           submitted its Regional Haze Progress                    memorandum included in the docket for                 13045 (62 FR 19885, April 23, 1997);
                                           Report (‘‘progress report’’ or ‘‘report’’)              this action.                                             • is not a significant regulatory action
                                           and a negative declaration stating that                                                                       subject to Executive Order 13211 (66 FR
                                                                                                   III. Final Action                                     28355, May 22, 2001);
                                           further revision of the existing regional
                                           haze SIP is not needed at this time.                       The EPA is approving the Oregon                       • is not subject to requirements of
                                           Oregon submitted both the progress                      Regional Haze Progress Report,                        Section 12(d) of the National
                                           report and the negative declaration in                  submitted on July 18, 2017, as meeting                Technology Transfer and Advancement
                                           the form of implementation plan                         the applicable requirements of the Clean              Act of 1995 (15 U.S.C. 272 note) because
                                           revisions as required by federal                        Air Act and the federal Regional Haze                 this action does not involve technical
                                           regulations. The progress report                        Rule, as set forth in 40 CFR 51.308(g).               standards; and
                                                                                                   The EPA has determined that the                          • does not provide the EPA with the
                                           addresses the federal Regional Haze
                                                                                                   existing regional haze SIP is adequate to             discretionary authority to address, as
                                           Rule requirements under the Clean Air
                                                                                                   meet the state’s visibility goals and                 appropriate, disproportionate human
                                           Act to submit a report describing
                                                                                                   requires no substantive revision at this              health or environmental effects, using
                                           progress in achieving reasonable
                                                                                                   time, as set forth in 40 CFR 51.308(h).               practicable and legally permissible
                                           progress goals established for regional
                                                                                                   We have also determined that Oregon                   methods, under Executive Order 12898
                                           haze and a determination of the
                                                                                                   fulfilled the requirements in 40 CFR                  (59 FR 7629, February 16, 1994).
                                           adequacy of the state’s existing plan
                                                                                                   51.308(i) regarding state coordination                   The SIP is not approved to apply on
                                           addressing regional haze.
                                                                                                   with Federal Land Managers.                           any Indian reservation land and is also
                                           DATES: This final rule is effective June                                                                      not approved to apply in any other area
                                           18, 2018.                                               IV. Statutory and Executive Order                     where the EPA or an Indian tribe has
                                           ADDRESSES: The EPA has established a                    Reviews                                               demonstrated that a tribe has
                                           docket for this action under Docket ID                    Under the Clean Air Act, the                        jurisdiction. In those areas of Indian
                                           No. EPA–R10–OAR–2017–0482. All                          Administrator is required to approve a                country, the rule does not have tribal
                                           documents in the docket are listed on                   SIP submission that complies with the                 implications as specified by Executive
                                           the https://www.regulations.gov                         provisions of the Clean Air Act and                   Order 13175 (65 FR 67249, November 9,
                                           website. Although listed in the index,                  applicable federal regulations. 42 U.S.C.             2000).
                                           some information is not publicly                        7410(k); 40 CFR 52.02(a). Thus, in                       The Congressional Review Act, 5
                                           available, e.g., CBI or other information               reviewing SIP submissions, the EPA’s                  U.S.C. 801 et seq., as added by the Small
                                           the disclosure of which is restricted by                role is to approve state choices,                     Business Regulatory Enforcement
                                           statute. Certain other material, such as                provided that they meet the criteria of               Fairness Act of 1996, generally provides
                                           copyrighted material, is not placed on                  the Clean Air Act. Accordingly, this                  that before a rule may take effect, the
                                           the internet and is publicly available                  action merely approves state law as                   agency promulgating the rule must
                                           only in hard copy form. Publicly                        meeting federal requirements and does                 submit a rule report, which includes a
amozie on DSK3GDR082PROD with RULES




                                           available docket materials are available                not impose additional requirements                    copy of the rule, to each House of the
                                           at https://www.regulations.gov, or                      beyond those imposed by state law. For                Congress and to the Comptroller General
                                           please contact the person identified in                 that reason, this action:                             of the United States. The EPA will
                                           the FOR FURTHER INFORMATION CONTACT                       • Is not a ‘‘significant regulatory                 submit a report containing this action
                                           section for additional availability                     action’’ subject to review by the Office              and other required information to the
                                           information.                                            of Management and Budget under                        U.S. Senate, the U.S. House of


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Document Created: 2018-05-17 00:51:00
Document Modified: 2018-05-17 00:51:00
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective on May 17, 2018.
ContactCDR Amanda Myers, 703-697-1311.
FR Citation83 FR 22852 
RIN Number0703-AA96
CFR AssociatedAlimony; Child Support; Claims; Military Personnel and Wages

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