[Federal Register Volume 69, Number 25 (Friday, February 6, 2004)]
[Proposed Rules]
[Pages 5797-5799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2427]


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SELECTIVE SERVICE SYSTEM

32 CFR Parts 1602, 1605, 1609 and 1656

RIN 3240-AA01


Alternative Service Worker Appeals of Denied Job Reassignments

AGENCY: Selective Service System.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Selective Service System (SSS) proposes to amend its 
regulations regarding the procedures for conscientious objectors, who 
have been placed in the Alternative Service Program as Alternative 
Service Workers (ASW), to appeal denied requests for job reassignments 
during a military draft. Civilian Review Boards (CRB), whose sole 
responsibility is to decide ASW appeals of denied job reassignments, 
would be abolished with their responsibilities transferred to the more 
numerous District Appeal Boards (DAB). Under existing regulations, the 
sole responsibility of DABs is to decide appeals of local board 
classification decisions. This organization change is necessary to 
ensure a more efficient and economical administration of the SSS. Its 
primary intended effect is to eliminate the administrative costs of 
maintaining separate appeal boards for ASWs without adversely impacting 
on the Agency's ability to expeditiously decide appeals of denied job 
reassignments or appeals of local board classification decisions. A 
secondary intended effect is to improve customer service to ASWs during 
a military draft.

DATES: Comments must be received on or before April 6, 2004.

ADDRESSES: You may submit comments by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov Follow the instructions for submitting comments.
     E-mail: [email protected]
     Mail: Rudy G. Sanchez, Jr., Office of the 
General Counsel, Selective Service System, Arlington, VA 22209-2425.

FOR FURTHER INFORMATION CONTACT:

[[Page 5798]]

    Technical Information: Thomas J. Hornada, (703) 605-4074; Mary B. 
Lawson, (703) 605-4077.
    Legal Information: Rudy G. Sanchez, Jr., (703) 605-4012.

SUPPLEMENTARY INFORMATION:

Background

    These proposed amendments to Selective Service regulations are 
published pursuant to section 13(b) of the Military Selective Service 
Act (MSSA), 50 U.S.C. App. 463(b), and Executive Order 11623. The 
regulations implement the MSSA (50 U.S.C. App. 451 et seq.), which 
authorizes the President to create and establish within the Selective 
Service System civilian local boards, civilian appeal boards, and such 
other civilian agencies, including agencies of appeal, as may be 
necessary to carry out its functions [50 U.S.C. App. 460(b)(3)]. 
Executive Order 11623 delegates to the Director of Selective Service 
the authority to prescribe the necessary rules and regulations to carry 
out the provisions of the MSSA.
    Under existing regulations, 48 Civilian Review Boards (CRB) have 
been established to decide appeals of denied requests for job 
reassignments made by conscientious objectors who have been placed in 
the Alternative Service Program as Alternative Service Workers (ASW). 
The sole function of CRBs is to decide such appeals during a military 
draft. A determination has been made that maintaining CRBs is 
unnecessary for the Selective Service to carry out its functions.

Discussion of Proposal

    It is proposed that the 48 CRBs be abolished with their 
responsibilities transferred to the 96 DABs, which are currently solely 
responsible for deciding appeals of local board classification 
decisions during a military draft. This conversion would have three 
significant benefits. First, it would eliminate the unnecessary 
administrative costs of maintaining separate boards for ASW appeals of 
denied job reassignments. Second, it would result in more frequent pre-
mobilization training of board members on the requirements for deciding 
ASW appeals. Finally, customer service to ASWs would be improved by 
doubling the number of locations for them to appeal denied job 
reassignments. It has been determined that the proposed rule changes 
would not result in a significant increase in the workload of DABs, and 
its primary responsibility of deciding appeals of local board decisions 
would be unimpeded. If necessary to accommodate an unexpectedly high 
workload during a draft, the number of members on a DAB could be 
increased to create separate panels thereof.
    To implement the proposed conversion, the following parts and 
sections in 32 CFR Chapter XVI must be amended: Sec. 1602 .11--To 
change the definition of ``District Appeal Board'' to include the 
ability to act on cases in accordance with part 1656 (Alternative 
Service); Sec. 1605.24--To give DABs jurisdiction to decide appeals of 
denied job reassignments; Sec. 1609.1--To remove members of ``civilian 
review boards'' as uncompensated positions within Selective Service; 
Sec. 1656.1--To remove the definition of ``Civilian Review Board'' and 
renumber the section's definitions accordingly; Sec. 1656.3--To remove 
the paragraph establishing CRBs, and renumber the paragraphs 
accordingly; Sec. 1656.13--To remove paragraph ``e'', which requires 
the establishment of CRBs, and to re-letter the section's paragraphs 
accordingly; Sec. 1656.18--To amend paragraph ``c'' for conformity of 
citations therein to the re-lettering of paragraphs in Sec. 1656.13; 
Finally, throughout part 1656 several sections must be amended to 
remove the words, ``Civilian Review Board'', and add the words, 
``District Appeal Board'' in their place.

Matters of Proposed Rule Making Procedure

    In promulgating these proposed amendments to Selective Service 
regulations, I have adhered to the regulatory philosophy and the 
applicable principles of regulation set forth in section 1 of Executive 
Order 12866, Regulatory Planning and Review. The proposed amendments 
have not been reviewed by the Office of Management and Budget under 
that Executive Order, as they are not deemed ``significant'' 
thereunder.
    Pursuant to the requirements of the Regulatory Flexibility Act 
(Pub. L. 96-354, 94 Stat. 1164, 5 U.S.C. 601-612), I have determined 
that the proposed amendments do not have a significant economic impact 
on a substantial number of small entities.
    The Paperwork Reduction Act (44 U.S.C. chapter 35) does not apply 
because this rule does not contain an information collection 
requirement that requires approval of the Office of Management and 
Budget.
    Interested persons are invited to submit written comments on the 
proposed rule changes. All written comments received in response to 
this notice of proposed rulemaking will be available for public 
inspection in the Office of the General Counsel from 8:30 a.m. to 3:30 
a.m., Monday through Friday, excluding legal holidays.

List of Subjects in 32 CFR Parts 1602, 1605, 1609, and 1656

    Selective Service System.

    For the reasons stated in the preamble, the Selective Service 
System proposes to amend 32 CFR parts 1602, 1605, 1609, and 1656 as 
follows:

PART 1602--DEFINITIONS

    1. The authority citation for part 1602 continues to read as 
follows:

    Authority: Military Selective Service Act (50 U.S.C. App. 451 et 
seq.); E.O. 11623.

    2. Revise Sec. 1602.11 to read as follows:


Sec. 1602.11  District appeal board.

    A district appeal board or a panel thereof of the Selective Service 
System is a group of not less than three civilian members appointed by 
the President to act on cases of registrants in accord with the 
provisions of parts 1651 and 1656 of this chapter.

PART 1605--SELECTIVE SERVICE SYSTEM ORGANIZATION

    1. The authority citation for part 1605 continues to read as 
follows:

    Authority: Military Selective Service Act (50 U.S.C. App. 451 et 
seq.); E.O. 11623.

    2. Amend Sec. 1605.24 by redesignating the introductory text, 
paragraph (a), paragraph (b), and paragraph (c) as paragraph (a) 
introductory text, paragraph (a)(1), paragraph (a)(2) and paragraph 
(a)(3), respectively, and by adding paragraph (b) to read as follows:


Sec. 1605.24  Jurisdiction.

* * * * *
    (b) The district appeal board shall have jurisdiction to review and 
to affirm or change any Alternative Service Office Manager decision 
appealed to it by an Alternative Service Worker pursuant to part 1656 
of this chapter.

PART 1609--UNCOMPENSATED PERSONNEL

    1. The authority citation for part 1609 continues to read as 
follows:

    Authority: Military Selective Service Act (50 U.S.C. App. 451 et 
seq.); E.O. 11623.

    2. Amend Sec. 1609.1 by revising the first sentence to read as 
follows:


Sec. 1609.1  Uncompensated positions.

    Members of local boards, district appeal boards, and all other 
persons volunteering their services to assist in the administration of 
the Selective Service Law shall be uncompensated. * * *

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PART 1656--ALTERNATIVE SERVICE

    1. The authority citation for part 1656 continues to read as 
follows:

    Authority: Military Selective Service Act (50 U.S.C. App. 451 et 
seq.); E.O. 11623.

    2. Amend part 1656, Alternative Service, to remove the words 
``Civilian Review Board'' and add, in their place, the words ``District 
Appeal Board'', in the following places:
    a. Section 1656.11(b)(4)
    b. Section 1656.13(d) and (f) and (g) and (h)
    c. Section 1656.18(c)


Sec. 1656.1  [Amended]

    3. Amend Sec. 1656.1 to remove paragraph (b)(6) and redesignate 
paragraphs (b)(7) through (14) as paragraphs (b)(6) through (13).


Sec. 1656.3  [Amended]

    4.-5. Amend Sec. 1656.3 to remove paragraph (a)(10) and redesignate 
paragraphs (a)(11) through (13) as paragraphs (a)(10) through (12).


Sec. 1656.13  [Amended]

    6.-7. Amend Sec. 1656.13 by removing paragraph (e) and by 
redesignating paragraphs (f) through (h) as paragraphs (e) through (g).


Sec. 1656.18  [Amended]

    8. Amend Sec. 1656.18(c) by revising the phrase ``Sec. 1656.13(c) 
or (g)'' to read ``Sec. 1656.13(c) or (f)''.

    Dated: January 28, 2004.
Lewis C. Brodsky,
Acting Director of Selective Service.
[FR Doc. 04-2427 Filed 2-5-04; 8:45 am]
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