[Federal Register Volume 72, Number 90 (Thursday, May 10, 2007)]
[Proposed Rules]
[Pages 26576-26578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-8793]


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DEPARTMENT OF DEFENSE

Department of the Army

32 CFR Part 571

[Docket No. USA-2007-0017]
RIN 0702-AA57


Recruiting and Enlistments

AGENCY: Department of the Army, DoD.

ACTION: Proposed rule; request for comments.

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SUMMARY: The Department of the Army has revised its regulation that 
prescribes policies and procedures concerning recruiting and enlistment 
into the Regular Army and Reserve Components.

DATES: Consideration will be given to all comments received by July 9, 
2007.

ADDRESSES: You may submit comments, identified by 32 CFR Part 571, 
Docket No. USA-2007-0017 and or RIN 0702-AA57, by any of the following 
methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Federal Docket Management System Office, 1160 
Defense Pentagon, Washington, DC 20301-1160.
    Instructions: All submissions received must include the agency name 
and docket number or Regulatory Information Number (RIN) for this 
Federal Register document. The general policy for comments and other 
submissions from members of the public is to make these submissions 
available for public viewing on the Internet at http://www.regulations.gov as they are received without change, including any 
personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Charles Tench, (703) 695-7520.

SUPPLEMENTARY INFORMATION:

A. Background

    The Administrative Procedure Act, as amended by the Freedom of 
Information Act, requires publication of certain policies and 
procedures and other information concerning the Department of the Army 
in the Federal Register. The policies and procedures covered by this 
part fall into that category. The Army has changed the publications and 
policies, thus requiring the rules in the Federal Register to be 
updated.

B. Regulatory Flexibility Act

    The Department of the Army has determined that the Regulatory 
Flexibility Act does not apply because the proposed rule does not have 
a significant economic impact on a

[[Page 26577]]

substantial number of small entities within the meaning of the 
Regulatory Flexibility Act, 5 U.S.C. 601-612.

C. Unfunded Mandates Reform Act

    The Department of the Army has determined that the Unfunded 
Mandates Reform Act does not apply because the proposed rule does not 
include a mandate that may result in estimated costs to State, local, 
or tribal governments in the aggregate, or the private sector, of $100 
million or more.

D. National Environmental Policy Act

    The Department of the Army has determined that the National 
Environmental Policy Act does not apply because the proposed rule does 
not have an adverse impact on the environment.

E. Paperwork Reduction Act

    The Department of the Army has determined that the Paperwork 
Reduction Act does not apply because the proposed rule does not involve 
collection of information from the public.

F. Executive Order 12630 (Government Actions and Interference With 
Constitutionally Protected Property Rights)

    The Department of the Army has determined that Executive Order 
12630 does not apply because the proposed rule does not impair private 
property rights.

G. Executive Order 12866 (Regulatory Planning and Review)

    The Department of the Army has determined that, according to the 
criteria defined in Executive Order 12866, this proposed rule is not a 
significant regulatory action. As such, the proposed rule is not 
subject to Office of Management and Budget review under section 6(a)(3) 
of the Executive Order.

H. Executive Order 13045 (Protection of Children From Environmental 
Health Risk and Safety Risks)

    The Department of the Army has determined that, according to the 
criteria defined in Executive Order 13045, this proposed rule does not 
apply.

I. Executive Order 13132 (Federalism)

    The Department of the Army has determined that, according to the 
criteria defined in Executive Order 13132, this proposed rule does not 
apply because it will not have a substantial effect on the States, on 
the relationship between the national government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government.

Alphonsa D. Green,
Chief, Recruiting Policy Branch.

List of Subjects in 32 CFR Part 571

    Military personnel.

    For reasons stated in the preamble, the Department of the Army 
proposes to revise 32 CFR part 571 to read as follows:

PART 571--RECRUITING AND ENLISTMENTS

Subpart A--Recruiting and Enlistment Eligibility
Sec.
571.1 General.
571.2 Basic qualifications for enlistment.
571.3 Waiver enlistment criteria.
571.4 Periods of enlistment.
571.5 Enlistment options.
Subpart B--[Reserved]

    Authority: 10 U.S.C. 504, 505, 509, 513, 520, 3262.

Subpart A--Recruiting and Enlistment Eligibility


Sec.  571.1  General.

    (a) Purpose. This part gives the qualifications for men and women 
enlisting in the Regular Army (RA) or Reserve Components (RC). The 
procedures simplify and standardize the processing of recruited 
applicants. The applicant's ability to meet all requirements or 
exceptions will determine eligibility. This includes obtaining 
prescribed waivers.
    (b) References--(1) Required Publications. (i) AR 601-210, Active 
and Reserve Components Enlistment Program. (Cited in Sec. Sec.  571.2, 
571.3, and 571.5).
    (ii) AR 40-501, Standards of Medical Fitness. (Cited in Sec. Sec.  
571.2 and 571.3).
    (iii) AR 600-9, The Army Weight Control Program. (Cited in 
Sec. Sec.  571.2 and 571.3).
    (2) Related Publications. (i) DOD Directive 1304.26, Qualifications 
for Enlistment, Appointment, and Induction.
    (ii) Army Retention Program.
    (c) Definitions. The following definitions apply to this part:
    (1) Enlistment. Voluntary contract (DD Form 4) for military service 
that creates military status as an enlisted member of the Regular Army 
or a Reserve Component. This includes enlistment of both non-prior 
service and prior service personnel.
    (2) Reenlistment. The second or subsequent voluntary enrollment in 
the Regular Army or a Reserve Component as an enlisted member.
    (3) United States Army. The Regular Army, Army of the United States 
(AUS), Army National Guard of the United States (ARNGUS), and the 
United States Army Reserve (USAR).
    (4) Regular Army (RA). The Regular Army is the component of the 
Army that consists of persons whose continuous service on active duty 
in both peace and war is contemplated by law and of retired members of 
the Regular Army.
    (5) Prior Service (PS). For persons enlisting in the RA, those who 
have 180 days or more of active duty in any component; or, for persons 
enlisting in a Reserve Component, those who have 180 days of active 
duty in any component of the armed forces and who have been awarded an 
MOS; or former members of an armed forces academy who did not graduate 
and who served 180 days or more.
    (6) Non-Prior Service (NPS). Those persons who have never served in 
any component of the armed forces or who have served less than 180 days 
of active duty as a member of any component of the armed forces. 
Reserve Component applicants must not have been awarded an MOS; or have 
enlisted illegally while underage and been separated for a void 
enlistment; or be a former member of a service academy who did not 
graduate and who served fewer than 180 days; or have completed ROTC and 
served only Active Duty for Training as an officer.
    (7) Delayed Entry Program (DEP). A program in which Soldiers may 
enlist and are assigned to a United States Army Reserve (USAR) Control 
Group until they enlist in the Regular Army. The Commanding General, 
United States Army Recruiting Command (USAREC) is authorized by 10 
U.S.C. 513 to organize and administer DEP.


Sec.  571.2  Basic qualifications for enlistment.

    (a) Age requirements for non-prior service and prior service 
personnel are defined in AR 601-210.
    (b) Applicants must meet citizenship requirements as defined in AR 
601-210.
    (c) Non-prior and prior service applicants must meet medical 
fitness standards prescribed in AR 40-501. Height and weight standards 
for non-prior service personnel AR 40-501 and in AR 600-9 for prior 
service personnel.
    (d) Education standards, dependency criteria, and trainability 
requirements are prescribed in AR 601-210.


Sec.  571.3  Waiver enlistment criteria.

    (a) Waiver criteria--(1) All persons who process applicants for 
enlistment in the Army use the utmost care to procure qualified 
personnel. Eligibility

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of personnel for enlistment will be based upon their ability to meet 
all requirements, including procurement of prescribed waivers.
    (2) Applicants applying for moral or medical waivers will document 
their waiver requests, as prescribed by AR 601-210 or AR 40-501.
    (3) The approval authorities for various types of waiver requests 
are set forth in AR 601-210. Commanders at levels below the approval 
authority may disapprove waivers for applicants who do not meet 
prescribed standards and who do not substantiate a meritorious case.
    (4) Unless otherwise stated in AR 601-210, waivers are valid for 6 
months.
    (b) Nonwaiver medical, moral, and administrative disqualifications 
are defined in AR 601-210.


Sec.  571.4  Periods of enlistment.

    Enlistments are authorized for periods of 2, 3, 4, 5, 6, 7, or 8 
years.


Sec.  571.5  Enlistment options.

    Personnel who enlist in the Regular Army for 2 or more years may 
select certain initial assignments or classifications, provided they 
meet the criteria set forth in AR 601-210 and valid Army requirements 
exist for the assignments and skills.

Subpart B--[Reserved]

 [FR Doc. E7-8793 Filed 5-9-07; 8:45 am]
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