[Federal Register Volume 70, Number 51 (Thursday, March 17, 2005)]
[Rules and Regulations]
[Pages 12966-12967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-5288]


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DEPARTMENT OF DEFENSE

Department of the Navy

32 CFR Part 725

RIN 0703-AA76


Release of Official Information for Litigation Purposes and 
Testimony by Department of the Navy Personnel

AGENCY: Department of the Navy, DOD.

ACTION: Final rule.

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SUMMARY: The Secretary of the Navy's sole delegate for service of 
process, the Navy General Counsel, is changing the address where the 
service of process documents shall be delivered. This action is being 
taken in order to streamline the service process and expedite legal 
response on behalf of the Department of the Navy.

DATES: Effective March 17, 2005.

FOR FURTHER INFORMATION CONTACT: LT Samuel Wartell, Administrative 
Assistant, Office of the Navy General Counsel, 1000 Navy Pentagon, 
Washington, DC 20350-1000, 703-614-4473.

SUPPLEMENTARY INFORMATION: Pursuant to the authority cited below, the 
Office of the General Counsel, Department of the Navy, amends 32 CFR 
part 725. DOD Directive 5530.1 stipulates that the General Counsel is 
the sole delegate of the Secretary of the Navy for service of process 
in the Department of the Navy. This amendment provides notice that the 
General Counsel wishes to update the address given for this procedure 
in order to expedite the legal response on behalf of the Department of 
the Navy. 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 
725, 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 of 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 725

    Courts, Government employees.


0
For the reasons set forth in the preamble, the Department of the Navy 
revises 32 CFR 725.6 (d)(D)(iii) to read as follows:

PART 725--RELEASE OF OFFICIAL INFORMATION FOR LITIGATION PURPOSES 
AND TESTIMONY BY DEPARTMENT OF THE NAVY PERSONNEL


Sec.  725.6  Authority to determine and respond.

* * * * *
    (d) * * *
    (D) * * *
    (iii) Documents. 10 U.S.C. 7861 provides that the Secretary of the 
Navy has custody and charge of all DON

[[Page 12967]]

books, records, and property. Under DOD Directive 5530.1,6 
the Secretary of the Navy's sole delegate for service of process is the 
General Counsel of the Navy. See CFR 257.5(c). All process for such 
documents shall be served upon the General Counsel at the Department of 
the Navy, Office of the General Counsel, Navy Litigation Office, 720 
Kennon Street SE, Bldg 36 Room 233, Washington Navy Yard, DC 20374-
5013, 202-685-7039, who will refer the matter to the proper delegate 
for action.
* * * * *

    Dated: March 11, 2005.
I.C. Le Moyne Jr.,
Lieutenant, Judge Advocate General's Corps, U.S. Navy, Alternate 
Federal Register Liaison Officer.
[FR Doc. 05-5288 Filed 3-16-05; 8:45 am]
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