[Federal Register Volume 81, Number 181 (Monday, September 19, 2016)]
[Rules and Regulations]
[Pages 64061-64063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22408]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 66

[Docket ID: DOD-2011-OS-0099]
RIN 0790-AI78


Qualification Standards for Enlistment, Appointment, and 
Induction

AGENCY: Office of the Under Secretary of Defense for Personnel and 
Readiness, DoD.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rule updates policies and responsibilities for basic 
entrance qualification standards for enlistment, appointment, and 
induction into the Armed Forces and delegates the authority to specify 
certain standards to the Secretaries of the Military Departments. It 
establishes the age, aptitude, character/conduct, citizenship, 
dependents, education, medical, physical fitness, and other 
disqualifying conditions that are causes for rejection from military 
service. Other standards may be prescribed in the event of mobilization 
or national emergency. This rule sets standards designed to ensure that 
individuals under consideration for enlistment, appointment, and/or 
induction are able to perform military duties successfully, and to 
select those who are the most suitable for Service life.

DATES: Effective Date: This rule is effective on October 19, 2016.

FOR FURTHER INFORMATION CONTACT: Dennis J. Drogo, (703) 697-9268.

SUPPLEMENTARY INFORMATION: 

Public Comments and Responses

    On March 27, 2015 (80 FR 16269-16277), the Department of Defense 
published an interim final rule titled ``Qualification Standards for 
Enlistment, Appointment, and Induction'' for a 60-day public comment 
period. The comment period ended on May 26, 2015. Three public comments 
were received. This section addresses those comments.
    Comment 1: ``Abstain: the area were I live is not for emergency 
personnel conducting business that should be known as unwanted 
security.''
    Response: The Department of Defense thanks the commenter for the 
comment. No changes were made to the final rule as a result.
    Comment 2: A 16-year veteran of the Air Force is in favor of having 
a qualified Armed Service to serve our country but, the commenter 
thinks interviews should be a part of the

[[Page 64062]]

entrance process. The commenter says that being able to meet the 
proposed criteria does not guarantee a qualified member of the Armed 
Forces.
    Response: Prospective recruits are thoroughly vetted, to include 
multiple interviews at various stages of the entrance process, prior to 
taking the oath of service. No changes were made to the final rule.
    Comment 3: A male 40 years of age asked for help understanding why 
multiple recruiters in his area are stating that the current cut off 
age for non-prior service (NPS) is 39 for some Reserve and Guard 
branches. The commenter states that recruiters sent him away due to him 
being too old.
    Response: This part as further implemented by Department of Defense 
Instruction 1304.26, ``Qualification Standards for Enlistment, 
Appointment, and Induction,'' provides the Department of Defense's 
minimum acceptable standards for military Service. The Services can 
establish more restrictive standards based on the needs and 
requirements of that specific Service. The difference between these two 
sets of standards explains the challenges faced by the writer of this 
comment. No changes were made to the final rule.
    Although no changes were made to the final rule based on public 
comments received, a few edits were made due to reorganization, to 
provide clarification in the definition of ``Dependent'' and the waiver 
process, and to fix some grammatical issues.

Executive Summary

I. Purpose of This Regulatory Action

    This rule updates policies and responsibilities for basic entrance 
qualification standards for enlistment, appointment, and induction into 
the Armed Forces and delegates the authority to specify certain 
standards to the Secretaries of the Military Departments.

II. Summary of the Major Provisions of This Regulatory Action

    This regulatory action establishes age, aptitude, character/
conduct, citizenship, dependents, education, medical, physical fitness, 
and other disqualifying conditions that are causes for rejection from 
military service. Other standards may be prescribed in the event of 
mobilization or national emergency. This regulatory action also sets 
standards designed to ensure that individuals under consideration for 
enlistment, appointment, and/or induction are able to perform military 
duties successfully and to select those who are the most suitable for 
Service life; and removes provisions related to homosexual conduct.

III. Costs and Benefits of This Regulatory Action

    Administrative costs are negligible. The benefit of publishing this 
final rule is that it establishes standards to ensure that those who 
are enlisted, appointed, or inducted are the best qualified to complete 
their prescribed training and the best able to adapt to the military 
life. Failure to maintain these standards would result in a high 
attrition of personnel and would significantly increase training costs. 
The success of today's All-volunteer military is dependent on this 
policy.

Regulatory Procedures

Executive Order 12866, ``Regulatory Planning and Review'' and Executive 
Order 13563, ``Improving Regulation and Regulatory Review''

    Executive Orders 13563 and 12866 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distribute impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This final rule has not been designated a ``significant 
regulatory action'' under section 3(f) of Executive Order 12866.

Public Law 104-4, ``Unfunded Mandates Reform Act'' (2 U.S.C. Ch. 25)

    Section 1532 of title 2, United States Code requires agencies to 
assess anticipated costs and benefits before issuing any rule whose 
mandates require spending in any 1 year of $100 million in 1995 
dollars, updated annually for inflation. In 2014, that threshold is 
approximately $141 million. This rule will not mandate any requirements 
for State, local, or tribal governments, nor will it affect private 
sector costs.

Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)

    The Department of Defense certifies that this final rule is not 
subject to the Regulatory Flexibility Act (5 U.S.C. 601) because it 
would not, if promulgated, have a significant economic impact on a 
substantial number of small entities. Therefore, the Regulatory 
Flexibility Act, as amended, does not require us to prepare a 
regulatory flexibility analysis.

Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)

    It has been certified that 32 CFR part 66 does not impose 
additional reporting or recordkeeping requirements under the Paperwork 
Reduction Act of 1995. The following existing clearances will be 
utilized:

0701-0101--``Air Force ROTC College Scholarship Application''
0701-0150--``Air Force Recruiting Information Support System--Total 
Forces (AFRISS-TF)''
0702-0073--``U.S. Army ROTC 4-year College Scholarship Application''
0702-0111--``Army ROTC Referral Information''
0703-0020--``Enlistee Financial Statement''
0704-0006--``Request for Verification of Birth''
0704-0173--``Record of Military Processing--Armed Forces of the 
United States''
0704-0413--``Medical Screening of Military Personnel''
0704-0415, ``Application for Department of Defense Common Access 
Card--DEERS Enrollment''

    The Department will continue to review its processes to identify 
collection instruments and consider how these collection tools may be 
improved and make revisions accordingly. The Department welcomes 
comments on how you think we can improve on our information collection 
activities.

Executive Order 13132, ``Federalism''

    Executive Order 13132 establishes certain requirements that an 
agency must meet when it promulgates a proposed rule (and subsequent 
final rule) that imposes substantial direct requirement costs on State 
and local governments, preempts State law, or otherwise has Federalism 
implications. This final rule will not have a substantial effect on 
State and local governments.

List of Subjects in 32 CFR Part 66

    Armed forces, Qualification standards.

    Accordingly, the interim final rule published at 80 FR 16269-16277 
on March 27, 2015 is adopted as a final rule with the following 
changes:

PART 66--[AMENDED]

0
1. The authority citation for part 66 continues to read as follows:

    Authority:  10 U.S.C. 504, 505, 520, 532, 12102, 12201, and 
12205.

0
2. Amend Sec.  66.3 by revising paragraphs (2) and (3) of the 
definition of ``Dependent'' to read as follows:

[[Page 64063]]

Sec.  66.3   Definitions.

* * * * *
    Dependent.
* * * * *
    (2) An unmarried step-child under the age of 18 living with the 
applicant.
    (3) An unmarried biological child or unmarried adopted child of the 
applicant under the age of 18.
* * * * *

0
3. Amend Sec.  66.5 by:
0
a. Revising paragraph (a).
0
b. Removing paragraph (c) and redesignating paragraph (d) as paragraph 
(c).
    The revision reads as follows:


Sec.  66.5  Responsibilities.

    (a) Under the authority, direction, and control of the Under 
Secretary of Defense for Personnel and Readiness (USD(P&R)), the 
Assistant Secretary of Defense for Manpower and Reserve Affairs 
(ASD(M&RA)):
    (1) Acts as an advisor to the USD(P&R) on the Reserve enlistment 
and appointment standards.
    (2) Acts as an advisor to the USD(P&R) on the height and weight 
requirements of the standards in Sec.  66.6.
    (3) Ensures the U.S. Military Entrance Processing Command assists 
the Military Services in implementing the standards in Sec.  66.6.
* * * * *


Sec.  66.6   [Amended]

0
4. Amend Sec.  66.6 by:
0
a. In paragraph (b)(2)(ii), adding the words ``,when not operating as a 
Service under the Navy'' after ``The Secretary of Defense (or the 
Secretary of Homeland Security for the Coast Guard.''
0
b. In paragraph (b)(3)(ii), removing ``Bearers of alternative 
credential'' and adding in its place ``Bearers of an alternative 
credential.''
0
c. In paragraph (b)(8)(iii), adding a comma after the words 
``conviction'' and ``adjudication.''
0
d. In paragraph (b)(8)(vi)(A), removing ``(OPM)'' and adding in its 
place ``(Office of Personnel Management (OPM)).''
0
e. In paragraph (b)(9)(ii), removing the comma after ``The MEPS Chief 
Medical Officer.''


Sec.  66.7   [Amended]

0
5. Amend Sec.  66.7 by:
0
a. At the end of paragraph (a) introductory text, adding the sentence 
``The waiver procedure is not automatic, and approval is based on each 
individual case.''
0
b. In paragraph (a)(3), adding the sentence ``Waivers are not 
authorized for cases noted in Sec.  66.6(b)(8)(iii).'' at the end of 
the paragraph.
0
c. In paragraph (b)(1), removing ``State or federal jurisdiction'' and 
adding in its place ``the appropriate State or federal jurisdiction.''

    Dated: September 13, 2016.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2016-22408 Filed 9-16-16; 8:45 am]
 BILLING CODE 5001-06-P