[Federal Register Volume 69, Number 74 (Friday, April 16, 2004)]
[Rules and Regulations]
[Pages 20541-20542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8630]


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DEPARTMENT OF DEFENSE

Department of the Navy

32 CFR Part 727

RIN 0703-AA73


Legal Assistance

AGENCY: Department of the Navy, DOD.

ACTION: Final rule.

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SUMMARY: The Department of the Navy is amending its regulations 
concerning the provision of legal assistance to military members and 
other persons eligible for legal assistance to reflect recent changes 
to Chapter VII of the Manual of the Judge Advocate General (JAGMAN).

DATES: Effective April 16, 2004.

FOR FURTHER INFORMATION CONTACT: LCDR Jason Baltimore, Personnel Law 
Branch, Administrative Law Division (Code 13), Office of the Judge 
Advocate General, 1322 Patterson Avenue SE., Suite 3000, Washington 
Navy Yard, DC 20374-5066, (703) 604-8208.

SUPPLEMENTARY INFORMATION: Pursuant to the authority cited below, the 
Department of the Navy amends 32 CFR part 727. This amendment provides 
notice that the Judge Advocate General of the Navy has made 
administrative corrections to the Legal Assistance regulations found in 
Chapter XII of the JAGMAN. It has been determined that invitation of 
public comment on this amendment would be impractical and unnecessary, 
and is therefore not required under the public rule-making provisions 
of 32 CFR parts 336 and 701. However, interested persons 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 727, or the instructions on which they are based. It has been 
determined that this final rule is not a major rule within the criteria 
specified in Executive Order 12866, as amended by Executive Order 
13258, and does not have substantial impact on the public. This 
submission is a statement of policy and as such can be effective upon 
publication in the Federal Register.

Matters of Regulatory Procedure

Executive Order 12866, Regulatory Planning and Review

    This rule does not meet the definition of ``significant regulatory 
action'' for purposes of Executive Order 12866, as amended by Executive 
Order 13258.

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).

List of Subjects in 32 CFR Part 727

    Legal Assistance.


0
For the reasons set forth in the preamble, the Department of the Navy 
amends 32 CFR Part 727 to read as follows:

PART 727--LEGAL ASSISTANCE

0
1. Section 727.5 is revised to read as follows:


Sec.  727.5  Persons eligible for assistance.

    Legal assistance shall be available to members of the Armed Forces 
of the United States and their dependents, and military personnel of 
allied nations serving in the United States, its territories or 
possessions. Legal assistance is intended primarily for the benefit of 
active duty personnel during active service, including reservists (and 
members of the National Guard) on active duty for 30 days or more. As 
resources permit, legal assistance may be extended to retired military 
personnel, their dependents, survivors of members of the Armed Forces 
who would be eligible were the service member alive, reservists on 
active duty for single periods of 29 days or less, members of Reserve 
Components following release from active duty under

[[Page 20542]]

a call or order to active duty for more than 30 days issued under a 
mobilization authority (as determined by the Secretary of Defense), for 
a period of time that begins on the date of the release and is not less 
than twice the length of the period served on active duty under that 
call or order to active duty, and in overseas areas, civilians, other 
than local-hire employees, who are in the employ of, serving with, or 
accompanying the U.S. Armed Forces, and their dependents, when and if 
the workload of the office renders such service feasible, and other 
persons authorized by the Judge Advocate General of the Navy.

    Dated: April 5, 2004.
J.T. Baltimore,
Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, 
Alternate Federal Register Liaison Officer.
[FR Doc. 04-8630 Filed 4-15-04; 8:45 am]
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