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Federal Register / Vol. 72, No.

133 / Thursday, July 12, 2007 / Proposed Rules 38039

conduct that consists only of lascivious DATES: Interested parties should submit Public Law 96–354, ‘‘Regulatory
exhibition of the genitals or pubic area written comments on or before Flexibility Act’’ (5 U.S.C. 601)
of a person, and contains no other September 10, 2007.
It has been determined that this rule
sexually explicit conduct, whose
ADDRESSES: You may submit comments, is not subject to the Regulatory
original production date was prior to
identified by docket number and or RIN Flexibility Act (5 U.S.C. 601) because it
July 27, 2006.
number and title, by any of the would not, if promulgated, have a
4. Amend § 75.6 by adding a new
following methods: significant economic impact on a
sentence at the end of paragraph (a) and
substantial number of small entities.
revising paragraph (b)(2), to read as • Federal eRulemaking Portal: http://
This rule * * *.
follows: www.regulations.gov. Follow the
instructions for submitting comments. Public Law 95–511, ‘‘Paperwork
§ 75.6 Statement describing location of Reduction Act’’ (44 U.S.C. Chapter 35)
books and records. • Mail: Federal Docket Management
System Office, 1160 Defense Pentagon, It has been certified that 32 CFR part
(a) * * * In this paragraph, the term
Washington, DC 20301–1160. 903 does not impose any reporting or
‘copy’ includes every page of a Web site
on which a visual depiction of an actual Instructions: All submissions received recordkeeping requirements under the
human being engaged in actual sexually must include the agency name and Paperwork Reduction Act of 1995 (44
explicit conduct appears. docket number or Regulatory U.S.C. Chapter 35).
(b) * * * Information Number (RIN) for this
Federalism (Executive Order 13132)
(2) The date of original production of Federal Register document. The general
the matter; and, policy for comments and other It has been certified that 32 CFR part
submissions from members of the public 903 does not have federalism
* * * * *
is to make these submissions available implications, as set forth in Executive
5. Amend § 75.8 by revising paragraph
for public viewing on the Internet at Order 13132. This rule does not have
(d) to read as follows:
http://www.regulations.gov as they are substantial direct effects on:
§ 75.8 Location of the statement. received without change, including any (1) The States;
* * * * * personal identifiers or contact (2) The relationship between the
(d) A computer site or service or Web information. National Government and the States; or
address containing a digitally- or (3) The distribution of power and
FOR FURTHER INFORMATION CONTACT: Mr. responsibilities among the various
computer-manipulated image, digital
Scotty Ashley at (703) 695–3594, levels of government.
image, or picture, shall contain the
scotty.Ashley@pentagon.af.mil.
required statement on every page of a List of Subjects in 32 CFR Part 903
Web site on which a visual depiction of SUPPLEMENTARY INFORMATION:
an actual human being engaged in Military academy, Military personnel.
actual sexually explicit conduct Executive Order 12866, ‘‘Regulatory
Therefore, for the reasons set forth in
appears. Planning and Review’’
the preamble, 32 CFR part 903 is
* * * * * It has been determined that 32 CFR proposed to be revised to read as
Dated: July 5, 2007. part 903 is not a significant regulatory follows:
Alberto R. Gonzales, action. This rule does not:
PART 903—AIR FORCE ACADEMY
Attorney General. (1) Have an annual effect on the PREPARATORY SCHOOL
[FR Doc. E7–13500 Filed 7–11–07; 8:45 am] economy of $100 million or more or
BILLING CODE 4410–14–P
adversely affect in a material way the Sec.
economy, a sector of the economy, 903.1 Mission and responsibilities.
productivity, competition, jobs, the 903.2 Eligibility requirements.
environment, public health or safety, or 903.3 Selection criteria.
DEPARTMENT OF DEFENSE 903.4 Application process and procedures.
state, local, or tribal governments or 903.5 Reserve enlistment procedures.
Department of the Air Force communities; 903.6 Reassignment of Air Force members
(2) Create a serious inconsistency or to become cadet candidates at the
32 CFR Part 903 otherwise interfere with an action taken Preparatory School.
or planned by another agency; 903.7 Reassignment of cadet candidates
[Docket No. USAF–2007–0001] who graduate from the Preparatory
(3) Materially alter the budgetary School with an appointment to U.S. Air
RIN: 0701–AA72 impact of entitlements, grants, user fees, Force Academy (USAFA).
or loan programs, or the rights and 903.8 Cadet candidate disenrollment.
Air Force Academy Preparatory School obligations of the recipients thereof; or 903.9 Cadet records and reassignment
(4) Raise novel legal or policy issues forms.
AGENCY: DoD, USAF. 903.10 Information collections, records, and
ACTION: Proposed rule. arising out of legal mandates, the
forms or information management tools
President’s priorities, or the principles (IMTS).
SUMMARY: This proposed rule tells how set forth in this Executive Order.
Authority: 5 U.S.C. 301, 10 U.S.C. 8013,
to apply for the Air Force Academy Unfunded Mandates Reform Act (Sec. and 10 U.S.C. 9331 (except as otherwise
Preparatory School. It also explains the
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202, Pub. L. 104–4) noted).


procedures for selection, disenrollment,
and assignment. This rule has been It has been certified the 32 CFR part Note: This part is derived from AFI 36–
2021, September 12, 2006. Part 806 of this
updated to identify USAFA’s revised 903 does not contain a Federal Mandate chapter states the basic policies and
mission statement and the authority, that may result in the expenditure by instructions governing the disclosure of
add responsibilities, new selection State, local and tribal governments, in records and tells members of the public what
criteria, and updates of associated Air aggregate, or by the private sector, of they must do to inspect or obtain copies of
Force Instructions. $100 million or more in any one year. the material referenced herein.

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38040 Federal Register / Vol. 72, No. 133 / Thursday, July 12, 2007 / Proposed Rules

§ 903.1 Mission and responsibilities. copies of orders to MPF on the date of 1786, through the MPF to: Headquarters
(a) Mission. To motivate, prepare, and inprocessing. USAFA Admission Selections (HQ
evaluate selected candidates in an (4) 10th Mission Support Squadron USAFA/RRS), 2304 Cadet Drive, USAF
educational, military, moral, and Military Personnel (10 MSS/DPM): Academy CO 80840–5025. The
physical environment, to perform (i) Ensures Regular and Reserve Air endorsement must include a
successfully and enhance diversity at Force personnel reassigned to the HQ comprehensive statement of the
USAFA. USAFA/PL enter with the highest grade applicant’s character, ability, and
(b) Responsibilities: they had achieved as of their date of motivation to become a career officer.
(1) Superintendent, USAFA (HQ enrollment and retain their date of rank Verify statements in applications
USAFA/CC). Ensures adequate oversight or effective date. regarding service component, length of
of HQ USAFA/PL activities, (ii) Maintains records on Cadet service, and date of birth from official
administration, and resources. Means of Candidates. records.
oversight include but are not limited to: (iii) Processes separation orders for (iii) Notify HQ USAFA/RR
(i) United States Air Force Academy non-prior service members who immediately on determining that an
Instruction (USAFAI) 36–3502, USAFA complete the HQ USAFA/PL and accept applicant is no longer recommended for
Assessment Board. an appointment to a U.S. Service selection to the HQ USAFA/PL.
(ii) The Preparatory School Advisory Academy. (7) Unit commanders of Regular or
Committee, as established in USAFAI (iv) Prepares discharge orders for non- Reserve members of the Army, Navy, or
36–2013, Superintendent’s Preparatory prior service members who are Marine Corps and unit commanders of
School Advisory Committee of the disenrolled or do not accept Army or Air National Guard members:
USAF Academy Preparatory School. appointment to a U.S. Service Academy. (i) Accept letters of application to the
(iii) Annual Assessment, as (v) Issues ID cards. HQ USAFA/PL from unit personnel.
established in Department of Defense (5) Headquarters USAFA Admissions (ii) Complete an endorsement for all
(DoD) Directive 1322.22, Service (HQ USAFA/RR): applicants who meet the eligibility
Academies. (i) Notifies cadet candidates of their requirements. Include in the
(iv) Audits, Eagle Looks, and Unit acceptance into HQ USAFA/PL. endorsement a comprehensive
Compliance Inspections. Includes an accept-or-decline form with statement of the applicant’s character,
(v) Special reviews and investigations acceptance letter and asks cadet ability, and motivation to become a
as directed by HQ USAF. candidates to return the form as soon as career officer. Verify statements in
(vi) USAFA Board of Visitors (BoV). possible. applications regarding service
(2) HQ USAFA/PL Commander: (ii) Issues ‘‘Invitation to Travel’’ component, length of service, and date
(i) Ensures the education and training letters to all accepted cadet candidates of birth from official records. Send the
programs satisfy the school’s mission. (including civilians, reservist and endorsement and letter of application to
(ii) Informs HQ USAFA/RR of members of other services) inviting HQ USAFA/RRS, 2304 Cadet Drive,
candidates’ names, including essential them to travel to the HQ USAFA/PL, USAF Academy CO 80840–5025.
categories, when each class enters. enlist in the Air Force Reserve (if (iii) Ensure that each applicant
(iii) Administers the disenrollment necessary), and attend the HQ USAFA/ receives a release from active duty to
process. Notifies the Headquarters PL. attend the HQ USAFA/PL before
USAFA Superintendent (HQ USAFA/ (iii) Sends a notice to non-selected sending the endorsement. In order to
CC), and HQ USAFA/RR of all service personnel and their servicing facilitate the accession of a National
disenrollments. Military Personnel Flight (MPF). Note: Guard (Air or Army) member into
(iv) Responsible, along with ARPC, for The Air Force does not typically notify USAFA or HQ USAFA/PL, a DD Form
administering the oath of enlistment on civilian applicants of their non- 368, Request for Conditional Release, or
the date of inprocessing. The effective selection. AF Form 1288, Application for Ready
date of enlistment is the date the (iv) Provides 10 MSS/DPMA with the Reserve Assignment, should be
applicant took the oath. name, grade, social security number, accomplished and forwarded to the
(3) Air Reserve Personnel Center mailing address, and unit of assignment losing Military Personnel Flight (MPF)
(ARPC): for reassignment of all applicants on Air service for out-processing. Once the
(i) Receives DD Form 1966, Record of Force active duty who are accepted into member has enlisted, the 10 MSS/DPM
Military Processing—Armed Forces of HQ USAFA/PL. will contact the losing MPF. A copy of
the United States, from select (v) Sends DODMERB a data file listing the DD Form 4 and orders will be
candidates upon inprocessing. all applicants that need a medical provided to the losing ANG MPF by fax.
(ii) Reviews the DD Form 1966 for examination. DODMERB uses the data In turn, the losing MPF will project the
completion/acceptance. file to schedule necessary exams. member’s record in MilPDS based on
(iii) Completes the DD Form 4, (6) Unit commanders of all Regular the gaining PAS provided by the 10
Enlistment/Reenlistment Document and Reserve Component Air Force MSS/DPM.
Armed Forces of the United States, if personnel applying to the HQ USAFA/ (iv) Notify HQ USAFA/RR
DD Form 1966 is in order. PL: immediately on determining that an
(iv) Responsible, along with USAFA/ (i) Review each applicant’s completed applicant is no longer recommended for
PL, for administering the oath of AF Form 1786, Application for selection to the HQ USAFA/PL.
enlistment on the date of inprocessing. Appointment to the United States Air
The effective date of enlistment is the Force Academy Under Quota Allotted to § 903.2 Eligibility requirements.
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date the applicant took the oath. Enlisted Members of the Regular and (a) For admission to the HQ USAFA/
(v) Publishes reserve orders placing Reserve Components of the Air Force, PL, applicants must be:
applicant on active duty for the purpose and determine if the applicant meets (1) At least 17 and no more than 22
of attending Preparatory school. eligibility requirements. years old by 1 July of the year of
Preparatory school determines the date (ii) Forward an endorsement of all admission.
of call to active duty (usually date applicants who meet eligibility (2) A citizen or permanent resident of
administered the oath). ARPC provides requirements, together with AF Form the United States able to obtain

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Federal Register / Vol. 72, No. 133 / Thursday, July 12, 2007 / Proposed Rules 38041

citizenship (or Secretary of Defense (2) Take and pass a medical Headquarters by 31 January for
waiver allowed by 10 U.S.C. 532(f)) by evaluation administered through the nomination.
projected commissioning date. Department of Defense Medical (e) HQ USAFA/RR automatically
(3) Unmarried and have no Evaluation Review Board (DODMERB). considers civilian candidates for
dependents. (3) Have an acceptable academic admission who have a nomination to
(4) Of high moral character. record as determined by HQ USAFA/ the USAFA, but were not selected.
Applicants must have no record of RR. Each applicant must furnish a
Uniform Code of Military Justice § 903.5 Reserve enlistment procedures.
certified transcript from each high
convictions or civil offenses beyond school or civilian preparatory school (a) Civilians admitted to the HQ
minor violations; no history of drug or attended. Applicants should send USAFA/PL take the oath of enlistment
alcohol abuse; and no prior behaviors, transcripts to HQ USAFA/RR, 2304 on the date of their initial in-processing
activities, or associations incompatible Cadet Drive, Suite 200, USAF Academy, at the HQ USAFA/PL. Their effective
with USAF standards. CO 80840–5025. date of enlistment is the date they take
(5) Medically qualified for (4) Take the Candidate Fitness this oath.
appointment to the U.S. Air Force Assessment. (b) Civilians who enlist for the
Academy (USAFA). (b) HQ USAFA/RR oversees the purpose of attending the HQ USAFA/PL
(6) A member of the armed services or holistic review of each viable will be awarded the rank of E–1. These
eligible to enlist in the U.S. Air Force candidate’s record by a panel. This cadet candidates are entitled to the
Reserve. holistic review may include monthly student pay at the same rate as
(b) Normally, applicants must not consideration of factors that would USAFA cadets according to United
have previously attended college on a enhance diversity at USAFA, such as States Code Title 37, Section 203.
full-time basis or attended a U.S. unique academic abilities, language
Service Academy or a U.S. Service § 903.6 Reassignment of Air Force
skills, demonstrated leadership skills, members to become cadet candidates at
Academy Preparatory School. The foreign cultural knowledge, athletic the Preparatory School.
Headquarters USAFA Registrar’s Office prowess, flying aptitude, uncommon life
(HQ USAFA/RR) determines an USAFA Prepatory School Enrollment
experiences, demonstrated moral or for members selected from operational
applicant’s status in this regard. physical courage or other performance-
(c) Every applicant must be an active Air Force: Selected Regular Air Force
based factors. members at technical training schools
candidate in the USAFA admissions
(c) HQ USAFA/RR also examines remain there in casual status until the
program, normally through one of
reports and records that indicate an earliest reporting date for the HQ
following:
(1) Nominated by a source specified applicant’s aptitude, achievement, or USAFA/PL. Students must not leave
in public law. ability to graduate from the HQ USAFA/ their training school without
(2) Identified by the USAFA as PL in the selection process. coordinating with HQ USAFA/RR.
fulfilling institutional needs. (d) HQ USAFA/RR includes
(d) Members of the Air Force Reserve Preparatory School selection guidelines § 903.7 Reassignment of cadet candidates
in the ‘‘Criteria and Procedures for Air who graduate from the Preparatory School
or Air National Guard (ANG) must agree with an appointment to USAFA.
to active duty service if admitted to the Force Academy Appointment, Class of
HQ USAFA/PL. Admitted ANG 20XX’’ (Contract) and submits for USAFA Cadet Enrollment for Cadet
personnel first transfer to the Air Force Superintendent approval. Candidates who graduate from the
Reserves before leaving their place of (e) For members of the Armed Forces Prepatory School with an appointment
residence and being called to active and the National Guard, HQ USAFA/RR to the USAFA:
duty. also considers letters of (a) The Air Force releases cadet
(e) Regular and reserve members of recommendation from applicants’ unit candidates entering the USAFA from
the Armed Forces and the National commanders. active duty and reassigns them to active
Guard must have completed basic duty as Air Force Academy cadets,
§ 903.4 Application process and effective on their date of entry into the
training. procedures.
(f) Regular members of the Armed USAFA in accordance with one of these
Forces must have at least 1 year (a) Regular and Reserve members of authorities:
retainability when they enter the HQ the Air Force must send their (1) The Department of Air Force letter
USAFA/PL. applications to: HQ USAFA/RR, 2304 entitled Members of the Armed Forces
Cadet Drive, Suite 200, USAF Academy, Appointed to a Service Academy, 8 July
§ 903.3 Selection criteria. CO 80840–5025, no later than 31 1957.
(a) Cadet candidates for the HQ January for admission the following (2) Title 10, United States Code,
USAFA/PL are selected on the basis of summer. Those otherwise nominated to Sections 516 and 523. Air Force
demonstrated character, test scores, the Air Force Academy, must complete Instruction (AFI) 36–3208,
medical examination, prior academic all steps of admissions by 15 April. Administrative Separation of Airmen.
record, recommendation of the (b) Regular and Reserve members of (b) The Air Force discharges active
organization commander (if prior the Air Force must complete AF Form Reserve cadet candidates who enlisted
service), and other similar reports or 1786 and submit it to their unit for the purpose of attending the HQ
records. USAFA is authorized to make commander. USAFA/PL in accordance with AFI 36–
selections IAW SECAF guidance (c) Regular and Reserve members of 3208 and reassigns them to active duty
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including but not limited to selection the Army, Navy, or Marine Corps, as as Air Force Academy cadets, effective
from among enlisted personnel and well as members of the National Guard, on their date of entry into the USAFA.
recruited athletes. Each applicant must: must submit a letter of application
(1) Achieve satisfactory scores on the through their unit commander. § 903.8 Cadet candidate disenrollment.
Scholastic Aptitude Test (SAT) or the (d) Civil Air Patrol (CAP) cadets send (a) In accordance with AFI 36–3208,
American College Testing Program their applications to HQ USAFA/RR and the Commander, HQ USAFA/PL, may
(ACT). must apply to CAP National disenroll a student who:

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38042 Federal Register / Vol. 72, No. 133 / Thursday, July 12, 2007 / Proposed Rules

(1) Fails to meet and maintain HQ one of the other Service Academies to (including individuals who otherwise
USAFA/PL educational, military, HQ Air Force Personnel Center (HQ do not have VA eligibility for such care
character, or physical fitness standards. AFPC) for processing. and services).
(2) Fails to demonstrate adaptability DATES: Comment Date: Comments must
and suitability for participation in § 903.10 Information collections, records,
and forms or information management tools be received on or before September 10,
USAFA educational, military, character, (IMTS). 2007.
or physical training programs.
(a) Information Collections. No ADDRESSES: Written comments may be
(3) Displays unsatisfactory conduct.
(4) Fails to meet statutory information collections are created by submitted through http://
requirements for admission to the this publication. www.Regulations.gov; by mail or hand-
USAFA, for example: (b) Records. Ensure that all records delivery to the Director, Regulations
(i) Marriage or acquiring legal created as a result of processes Management (00REG), Department of
dependents. prescribed in this publication are Veterans Affairs, 810 Vermont Ave.,
(ii) Medical disqualification. maintained in accordance with AFMAN NW., Room 1068, Washington, DC
(iii) Refusal to serve as a 37–123, Management of Records, and 20420; or by fax to (202) 273–9026.
commissioned officer in the U.S. Armed disposed of in accordance with the Air Comments should indicate that they are
Forces. Force Records Disposition Schedule submitted in response to ‘‘RIN 2900–
(5) Requests disenrollment. (RDS) located at https:// AM40—Provision of Hospital Care and
(b) The HQ USAFA/PL commander webrims.amc.af.mil. Medical Services During Certain
may also disenroll a student when it is (c) Forms or IMTs (Adopted and Disasters or Emergencies.’’ Copies of
determined that the student’s retention Prescribed). comments received will be available for
is not in the best interest of the (1) Adopted Forms or IMTs: AF IMT public inspection in the Office of
Government. 847, Recommendation for Change of Regulation Policy and Management,
(c) The military personnel flight (10 Publication. AF Form 1288, Application Room 1063B, between the hours of 8
MSS/DPM) processes Regular Air Force for Ready Reserve Assignment, AF Form a.m. and 4:30 p.m., Monday through
members for reassignment if: 1786, Application for Appointment to Friday (except holidays). Please call
(1) They are disenrolled from the HQ the USAF Academy Under Quota (202) 273–9515 for an appointment. In
USAFA/PL. Allotted to Enlisted Members of the addition, during the comment period,
(2) They fail to obtain or accept an Regular and Reserve Components of the comments may be viewed online in
appointment to a U.S. Service Academy. Air Force, DD Form 4, Enlistment/ http://www.Regulations.gov through the
(d) The Air Force reassigns Air Force Reenlistment Document—Armed Forces Federal Docket Management System
Reserve cadet candidates who are of the United States, DD Form 368, (FDMS).
disenrolled from the HQ USAFA/PL or Request for Conditional Release, and DD FOR FURTHER INFORMATION CONTACT:
who fail to obtain or accept an Form 1966, Record of Military Tony A. Guagliardo, Director, Business
appointment to an U.S. Service Processing—Armed Forces of the United Policy, Chief Business Office (163),
Academy in either of two ways under States. Veterans Health Administration,
AFI 36–3208: (2) Prescribed Forms or IMTs: No Department of Veterans Affairs, 810
(1) Discharges them from the United forms or IMTs are prescribed by this Vermont Avenue, NW., Washington, DC
States Air Force without any further publication. 20420, (202) 254–0384. (This is not a
military obligation if they were called to toll free number.)
Bao-Anh Trinh,
active duty solely to attend the HQ
Air Force Federal Register Liaison Officer, SUPPLEMENTARY INFORMATION: This
USAFA/PL.
Department of the Air Force. document proposes to amend the VA
(2) Releases them from active duty
[FR Doc. E7–13250 Filed 7–11–07; 8:45 am] ‘‘Medical’’ regulations in 38 CFR part 17
and reassigns them to the Air Force
BILLING CODE 5001–05–P by adding a new § 17.86 and by making
Reserve Personnel Center if they were
technical amendments in § 17.102. As
released from Reserve units to attend
indicated in paragraph (a) of proposed
the HQ USAFA/PL.
(e) The National Guard (Army or Air DEPARTMENT OF VETERANS § 17.86, this proposed rule would
Force) releases cadet candidates from AFFAIRS implement the provisions of Public Law
active duty and reassigns them to their 107–287, the VA Emergency
State Adjutant General. 38 CFR Part 17 Preparedness Act of 2002, regarding
(f) The Air Force reassigns Regular hospital care and medical services
RIN 2900–AM40 provided to individuals responding to,
and Reserve personnel from other
Services back to their unit of origin to involved in, or otherwise affected by
Provision of Hospital Care and Medical
complete any prior service obligation if: certain disasters or emergencies
Services During Certain Disasters or
(1) They are disenrolled from the HQ (including individuals who otherwise
Emergencies
USAFA/PL. do not have VA eligibility for such care
(2) They fail to obtain or accept an AGENCY: Department of Veterans Affairs and services). These provisions are
appointment to the USAFA. (VA). codified as 38 U.S.C. 1785.
ACTION: Proposed rule. Paragraphs (b) and (c) of proposed
§ 903.9 Cadet records and reassignment § 17.86 would reflect the provisions of
forms. SUMMARY: The Department of Veterans 38 U.S.C. 1785, which provide that
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(a) Headquarters USAFA Cadet Affairs (VA) proposes to establish during and immediately following a
Personnel (HQ USAFA/DPY) maintains regulations regarding the provision of disaster or emergency VA may furnish
records of cadet candidates who enter hospital care and medical services hospital care and medical services to
the USAFA until they are commissioned under the VA Emergency Preparedness individuals (including those who
or disenrolled. Act of 2002 to individuals responding otherwise do not have VA eligibility for
(b) 10 MSS/DPM will send records of to, involved in, or otherwise affected by such care and services) responding to,
Regular Air Force personnel who enter certain disasters or emergencies involved in, or otherwise affected by:

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