[Federal Register Volume 65, Number 203 (Thursday, October 19, 2000)]
[Rules and Regulations]
[Pages 62618-62619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26791]


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DEPARTMENT OF DEFENSE

Department of the Navy

32 CFR Part 734

RIN 0703-AA67


Garnishment of Pay of Naval Military and Civilian Personnel for 
Collection of Child Support and Alimony

AGENCY: Department of the Navy, DOD.

ACTION: Final rule.

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SUMMARY: The Department of the Navy is updating its regulation on 
garnishment of pay of naval military and civilian personnel for 
collection of child support and alimony. This amendment reflects 
changes to the Marine Corps provision on receipt of legal process and 
other administrative changes.

DATES: Effective October 19, 2000.

ADDRESSES: Office of the Judge Advocate General (Code 13), 1322 
Patterson Ave. SE., Suite 3000, Washington Navy Yard, DC 20374-5066.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander James L. Roth, 
JAGC, U.S. Navy, Head, Regulations and Legislation Branch, 
Administrative Law Division, Office of the Judge Advocate General (Code 
13), 1322 Patterson Ave. SE., Suite 3000, Washington Navy Yard, DC 
20374-5066, (703)604-8200.

SUPPLEMENTARY INFORMATION: Pursuant to the authority cited below, the 
Department of the Navy amends 32 CFR Part 734. This amendment updates 
information on legal process brought against a Marine Corps member for 
the enforcement of a legal obligation to provide child support or 
alimony payments. Additionally, administrative changes were made to 
change reference to ``Marine Corps Manual'' to ``MCO 5800.16A, Marine 
Corps Manual on Legal Administration (LEGADMINMAN)'' on order to more 
accurately describe the manual. It has been determined that invitation 
of public comment on this amendment would be impracticable and 
unnecessary, and it is therefore not required under the public 
rulemaking provisions of 32 CFR Part 336 or Secretary of the Navy 
Instruction 5720.45. Interested persons, however, are invited to 
comment in writing on this amendment. All written comments received 
will be considered in making subsequent amendments or revisions of 32 
CFR Part 734, or the instructions on which they are based. Changes may 
be initiated on the basis of comments received. Written comments should 
be addressed to Lieutenant Commander James L. Roth, JAGC, U.S. Navy, 
Head, Regulations and Legislation Branch, Administrative Law Division, 
Office of the Judge Advocate General (Code 13), 1322 Patterson Ave. 
SE., Suite 3000, Washington Navy Yard, DC 20374-5066. It has been 
determined that this final rule is not a ``significant regulatory 
action'' as defined in Executive Order 12866.

Executive Order 13132, Federalism

    It has been determined that this rule does not have sufficient 
Federalism implications to warrant the preparation of a Federalism 
Assessment. The provisions contained in this rule will have little or 
no direct effect on States or local governments.

Regulatory Flexibility Act

    This rule will not have a significant economic impact on a 
substantial number of small entities for purposes of the Regulatory 
Flexibility Act (5 U.S.C. Chapter 6).

Paperwork Reduction Act

    This rule does not impose collection of information requirements 
for purposes of the Paperwork Reduction Act (44 U.S.C. Chapter 35, 5 
CFR Part 1320).

[[Page 62619]]

List of Subjects in 32 CFR Part 734

    Alimony, Child support, Military personnel.

    For the reasons set forth in the preamble, amend part 734 of title 
32 of the Code of Federal Regulations as follows:

PART 734--GARNISHMENT OF PAY OF NAVAL MILITARY AND CIVILIAN 
PERSONNEL FOR COLLECTION OF CHILD SUPPORT AND ALIMONY

    1. The authority citation for 32 CFR part 734 continues to read as 
follows:

    Authority: 42 U.S.C. 659 (Social Security Act, sec. 459 added by 
Pub. L. 93-647, part B, sec. 101(a), 88 Stat. 2357, as amended by 
the Tax Reform and Simplification Act of 1977, Pub. L. 95-30, title 
V, sec. 502, 91 Stat. 157).

    2. In Sec. 734.3, revise paragraph (a)(2) to read as follows:


Sec. 734.3  Service of Process.

    (a) * * *
    (2) Marine Corps members. 42 U.S.C. 659 provides that pay of a 
servicemember, active duty or retired, shall be subject to legal 
process brought for the enforcement against such member of legal 
obligations to provide child support or alimony payments. ``Legal 
process'' means any writ, order, summons, or other similar process in 
the nature of garnishment. Upon receipt of such legal process, it will 
be forwarded directly to: Defense Finance and Accounting Service, 
Cleveland Center, Garnishment Operations Directorate (DFAS-CL/L), P.O. 
Box 998002, Cleveland, Ohio 44199-8002. The letter of transmittal will 
state the date of service and method by which service was made. 
Detailed instructions for disbursing officers and commanding officers 
are contained in DFAS-KC 7220.31-R, chapter 7.
* * * * *


Secs. 734.4 and 734.5  [Amended]

    3. In 32 CFR part 734, remove the words ``Marine Corps Manual'' and 
add, in their place, the words ``MCO 5800.16A, Marine Corps Manual for 
Legal Administration (LEGADMINMAN)'' in the following places:
    a. Section 734.4(a)(3).
    b. Section 734.5.

    Dated: October 10, 2000.
C.G. Carlson,
Major, U.S. Marine Corps, Alternate Federal Register Liaison Officer.
[FR Doc. 00-26791 Filed 10-18-00; 8:45 am]
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