[Federal Register Volume 69, Number 74 (Friday, April 16, 2004)]
[Rules and Regulations]
[Pages 20542-20544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8606]


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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: Final rule.

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SUMMARY: The Selective Service System (SSS) amends 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, are abolished 
with their responsibilities transferred to District Appeal Boards 
(DAB). This organizational 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.

EFFECTIVE DATE: April 16, 2004.

FOR FURTHER INFORMATION CONTACT: Rudy G. Sanchez, Jr., Office of the 
General Counsel, Selective Service System, 1515 Wilson Blvd., 
Arlington, VA 22209-2425. 703-605-4012.

SUPPLEMENTARY INFORMATION:

Proposed Rule and Public Comment

    The proposed amendments to Selective Service Regulations were 
published for public comment in the Federal Register on February 6, 
2004 (69 FR 5797). No comments were received. The proposed amendments 
to Selective Service regulations will become a final rule.

[[Page 20543]]

Background

    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) were 
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 was to decide such appeals during a military draft. Selective 
Service determined that maintaining CRBs was unnecessary for it to 
carry out its functions because their responsibilities could be 
transferred to the 96 DABs, which had previously been solely 
responsible for deciding appeals of local board classification 
decisions during a military draft. The conversion will not result in a 
significant increase in the workload of DABs, and their primary 
responsibility of deciding appeals of local board decisions will be 
unimpeded. If it becomes 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.
    This conversion will have three significant benefits. First, it 
will eliminate the unnecessary administrative costs of maintaining 
separate boards for ASW appeals of denied job reassignments. Second, it 
will result in more frequent pre-mobilization training of board members 
on the requirements for deciding ASW appeals. Finally, customer service 
to ASWs during a military draft will be improved by doubling the number 
of locations for them to appeal denied job reassignments. In view of 
the foregoing, CRBs are abolished with their responsibilities 
transferred to DABs.

Implementation

    To implement the conversion, the following parts and sections in 32 
CFR chapter XVI are amended:
    Section 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);
    Section 1605.24--To give DABs jurisdiction to decide appeals of 
denied job reassignment requests;
    Section 1609.1--To remove members of ``civilian review boards'' as 
uncompensated positions within Selective Service;
    Section 1656.1--To remove the definition of ``Civilian Review 
Board'', and renumber the section's definitions accordingly;
    Section 1656.3--To remove the paragraph establishing CRBs, and 
renumber the paragraphs accordingly;
    Section 1656.13--To remove paragraph ``e'', which requires the 
establishment of CRBs, and to re-letter the section's paragraphs 
accordingly;
    Section 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 are amended to 
remove the words, ``Civilian Review Board'', and add the words, 
``District Appeal Board'' in their place.

Matters of Rule Making Procedure

    In promulgating these 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. These 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 certify that the 
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.

Certificate

    Whereas, on February 6, 2004, the Director of Selective Service 
published a Notice of Proposed Amendments of Selective Service 
Regulations at 69 FR 5797; and whereas such publication complied with 
the publication requirement of section 13(b) of the Military Selective 
Service Act [50 U.S.C. App. 463(b)] in that more than 30 days have 
elapsed subsequent to such publication during which period the public 
was given an opportunity to submit comments; and whereas I certify that 
I have requested the view of officials named in section 2(a) of 
Executive Order 11623 and none of them has timely requested that the 
matter be referred to the President for decision.
    Therefore, by virtue of the authority vested in me by the Military 
Selective Service Act, as amended, (50 U.S.C. App. 451 et seq.) and 
Executive Order 11623 of October 12, 1971, the Selective Service 
Regulations constituting a portion of Chapter XVI of Title 32 of the 
Code of Federal Regulations, are hereby amended, as stated below.

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

    Selective Service System.

0
For the reasons stated in the preamble, the Selective Service System 
amends 32 CFR parts 1602, 1605, 1609, and 1656 as follows:

PART 1602--DEFINITIONS

0
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.

0
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 accordance with the 
provisions of parts 1651 and 1656 of this chapter.

PART 1605--SELECTIVE SERVICE SYSTEM ORGANIZATION

0
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.


0
2. Amend Sec.  1605.24 by redesignating the introductory text and 
paragraphs (a), (b), and (c) as paragraph (a) introductory text and 
paragraphs (a)(1), (2) and (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.

[[Page 20544]]

PART 1609--UNCOMPENSATED PERSONNEL

0
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.


0
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. * * *

PART 1656--ALTERNATIVE SERVICE

0
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.

PART 1656--[AMENDED]

0
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. Sec. 1656.11(b)(4)
    b. Sec. 1656.13(d), (f), (g), and (h)
    c. Sec. 1656.18(c)


Sec.  1656.1  [Amended]

0
3. Amend Sec.  1656.1 by removing paragraph (b)(6) and redesignating 
paragraphs (b)(7) through (14) as paragraphs (b)(6) through (13).


Sec.  1656.3  [Amended]

0
4.-5. Amend Sec.  1656.3 by removing paragraph (a)(10) and 
redesignating paragraphs (a)(11) through (13) as paragraphs (a)(10) 
through (12).


Sec.  1656.13  [Amended]

0
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]

0
8. Amend Sec.  1656.18(c) by revising the phrase ``Sec.  1656.13(c) or 
(g)'' to read ``Sec.  1656.13(c) or (f)''.

Lewis C. Brodsky,
Acting Director of Selective Service.
[FR Doc. 04-8606 Filed 4-15-04; 8:45 am]
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