[Federal Register Volume 59, Number 171 (Tuesday, September 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21046]


[[Page Unknown]]

[Federal Register: September 6, 1994]


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DEPARTMENT OF DEFENSE

Department of the Army

32 CFR Part 516

 

Litigation

AGENCY: Office of the Army Staff Judge Advocate General, DOD.

ACTION: Final rule; correction.

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SUMMARY: This action corrects errors contained in 32 CFR Part 516, 
Litigation published in the Federal Register on July 27, 1994 (59 FR 
38236).

DATES: Corrections are effective September 6, 1994.

ADDRESSES: Office of the Judge Advocate General, ATTN: Litigation 
Division, 901 North Stuart St., Arlington, VA 22203-1837.

FOR FURTHER INFORMATION CONTACT:
Major Kelly Wheaton, (703) 696-1638.

Executive Order 12291 and Regulatory Flexibility Act

    Under EO 12291 this final rule was declared non-major. It also does 
not have a significant impact on small entities as defined in the 
Regulatory Flexibility Act.

Paperwork Reduction Act

    This final rule does not contain new reporting or recordkeeping 
subject to the Paperwork Reduction Act.

List of Subjects in 32 CFR Part 516

    Litigation, military personnel, government employees.

    For the reasons set out in the preamble, 32 CFR Part 516 is 
corrected to read as follows:

PART 516--LITIGATION

    1. The authority for Part 516 continues to read as follows:

    Authority: 5 USC 552, 10 USC 218, 1037, 1089, 1552, 1553, 2036; 
18 USC 219, 3401; 28 USC 50, 513, 515, 543; 31 USC 3729; 41 USC 51; 
42 USC 290, 2651; and 43 USC 666.

    2. On page 38237, in the second column, in Sec. 516.4, paragraph 
(b) is corrected to read as set forth below.
    3. On the same page, in the third column, in Sec. 516.4, paragraph 
(i) is corrected to read as set forth below.
    4. On page 38238, in the second column, in Sec. 516.4, paragraph 
(o) is corrected to read as set forth below:


Sec. 516.4  Responsibilities.

* * * * *
    (b) The Judge Advocate General (TJAG). Subject to the ultimate 
control of litigation by DOJ (including the various U.S. Attorney 
Offices), and to the general oversight of litigation by the Army 
General Counsel, TJAG is responsible for litigation in which the Army 
has an interest except with respect to proceedings addressed in 
paragraph (i) of this section, only TJAG (or Chief, Litigation 
Division) will communicate to DOJ the army's position with regard to 
settlement of a case.
* * * * *
    (i) Legal Representatives of the Chief of Engineers. The Office of 
Chief Counsel, attorneys assigned thereto, and other attorneys 
designated by the Chief Counsel will maintain direct liaison with DOJ 
and represent DA in litigation and administrative proceedings a rising 
from the navigation, civil works, Clean Water Act 404 permit authority, 
environmental response activities, and real property functions of the 
U.S. Army Corps of Engineers.
* * * * *
    (o) Chief, Environmental Law Division, USALSA. The Chief, 
Environmental Law Division, attorneys assigned thereto, and other 
attorneys designated by the Chief, ELD, will maintain direct liaison 
with DOJ and represent DA in all environmental and natural resources 
civil litigation and administrative proceedings involving missions and 
functions of DA, its major and subordinate commands, installations 
presently or previously managed by DA, and other sites or issues in 
which DA has a substantial interest, except as otherwise specifically 
provided in this part.
* * * * *


Sec. 365.5  [Correctly designated as Sec. 516.5].

    5. On page 38238, in the second column, Sec. 365.5 is correctly 
designated as Sec. 516.5.
    6. On page 38239, in the third column, in Sec. 516.9, paragraph (b) 
is corrected to read as follows:


Sec. 516.9  Service of criminal process within the United States.

* * * * *
    (b) Requests for witnesses or evidence in criminal proceedings. See 
subpart G to this part.
    7. On page 38239, in the first column, in Sec. 516.10, paragraph 
(b) is corrected to read as follows:


Sec. 516.10  Service of civil process within the United States.

* * * * *
    (b) Request for witnesses or evidence in civil proceedings. See 
subpart G to this part.
* * * * *
Kenneth L. Denton,
Army Federal Register Liaison Officer.
[FR Doc. 94-21046 Filed 9-2-94; 8:45 am]
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