Compliance With Court Orders by Personnel and Command Sponsored Family Members
| Published date | 14 October 2020 |
| Citation | 85 FR 64966 |
| Record Number | 2020-21793 |
| Section | Rules and Regulations |
| Court | Army Department |
Federal Register, Volume 85 Issue 199 (Wednesday, October 14, 2020)
[Federal Register Volume 85, Number 199 (Wednesday, October 14, 2020)]
[Rules and Regulations]
[Page 64966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21793]
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DEPARTMENT OF DEFENSE
Department of the Army
32 CFR Part 589
[Docket ID: USA-2020-HQ-0009]
RIN 0702-AB10
Compliance With Court Orders by Personnel and Command Sponsored
Family Members
AGENCY: Department of the Army, DoD.
ACTION: Final rule.
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SUMMARY: This final rule removes DoD's regulation concerning policies
on compliance with court orders by DoD employees and DoD Members. The
purpose of the DoD Instruction on which this rule is based is to
provide internal guidance to DoD Components on cooperation with law
enforcement agencies. Although civil authorities, who may be considered
the public for rule-making purposes, may request support from DoD, this
rule neither confers a benefit not otherwise provided for in statute
nor imposes a burden on civil authorities. Further, the rule does not
limit DoD assistance to qualifying entities in a way that is
inconsistent with the statutory framework. Therefore, this part can be
removed from the CFR.
DATES: This rule is effective on October 14, 2020.
FOR FURTHER INFORMATION CONTACT: Ms. Mary Sturm, 703-697-5290, email:
[email protected].
SUPPLEMENTARY INFORMATION: It has been determined that publication of
this CFR part removal for public comment is impracticable, unnecessary,
and contrary to public interest since it is based on removing DoD
internal policies and procedures that are publicly available on the
Department's issuance website. The rule was published November 8, 1990
(55 FR 47042). This rule contained internal policy included in DoD
Directive 5525.09 concerning DoD cooperation with courts and federal,
state, and local officials in enforcing court orders pertaining to
military personnel and DoD employees serving outside the United States,
as well as their command sponsored family members. The current rule
conveys internal Army policy and implementation in Army Regulation (AR)
190-9, where it is the policy of the Department of the Army to
cooperate with civilian authorities unless the best interest of the
Army will be prejudiced. AR 630-10 provides the personnel management
policies and procedures on the surrender of soldiers to civilian
authorities.
DoD internal guidance will continue to be published in AR 190-9,
``Absentee Deserter Apprehension Program and Surrender of Military
Personnel to Civilian Law Enforcement Agencies''; and AR 630-10,
``Absence without Leave, Desertion and Administration of Personnel
Involved in Civilian Court Proceedings,'' which are available at
https://www.armypubs.army.mil.
The rule does not place a burden on the public and therefore does
not provide a burden reduction or cost savings by its repeal.
This rule is not significant under Executive Order (E.O.) 12866,
``Regulatory Planning and Review.'' Therefore, E.O. 13771, ``Reducing
Regulation and Controlling Regulatory Costs,'' does not apply.
List of Subjects in 32 CFR Part 589
Courts, Government employees.
PART 589--[REMOVED]
0
Accordingly, by the authority of 5 U.S.C. 301, 32 CFR part 589 is
removed.
Brenda S. Bowen,
Army Federal Register Liaison Officer.
[FR Doc. 2020-21793 Filed 10-13-20; 8:45 am]
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