Support for Non-Federal Entities Authorized To Operate on DoD Installations, 19411-19413 [E7-7247]

Download as PDF 19411 Proposed Rules Federal Register Vol. 72, No. 74 Wednesday, April 18, 2007 This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. DEPARTMENT OF DEFENSE Office of the Secretary FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: [DOD–2006–OS–0107] Executive Order 12866, ‘‘Regulatory Planning and Review’’ RIN 0790–AI18 Support for Non-Federal Entities Authorized To Operate on DoD Installations Department of Defense. ACTION: Proposed rule. rmajette on PROD1PC67 with PROPOSALS AGENCY: SUMMARY: This rule establishes policy and assigns responsibilities under DoD Directive 5124.8 for standardizing support to Non-Federal entities authorized to operate on DoD installations. Designates the Secretary of Army as the DoD executive agent for: Support to Boy Scout and Girl Scout local councils and organizations in areas outside of the United States; support for the national Boy Scout jamboree; the annual DoD audit of the American Red Cross (ARC) accounts and the subsequent report to Congress; and necessary ARC deployment support. It also designates the Secretary of the Air Force as the DoD Executive Agent for conducting the Armed Forces Entertainment program. It will have minimal impact on the public. DATES: Comments must be received by June 18, 2007. Do not submit comments directly to the point of contact or mail your comments to any address other than what is shown below. Doing so will delay the posting of the submission. ADDRESSES: You may submit comments, identified by docket number and or RIN number and title, by any of the following methods: • Federal eRulemaking Portal: https:// 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 15:14 Apr 17, 2007 Pam Crespi 703–602–5004. 32 CFR Part 213 VerDate Aug<31>2005 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 https://regulations.gov as they are received without change, including any personal identifiers or contact information. Jkt 211001 This proposed regulatory action is not a significant regulatory action, as defined by Executive Order 12866 and does not: (1) Have an annual effect to the economy of $100 million or more or adversely affect in a material way the economy; a section of the economy; productivity; competition; jobs; the environment; public health or safety; or State, local, or tribal governments or communities; (2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another Agency; (3) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs, or the rights and obligations of recipients thereof; or (4) Raise novel legal or policy issues arising out of legal mandates, the President’s priorities, or the principles set forth in this Executive Order. Unfunded Mandates Reform Act (Sec. 202, Pub. L. 104–4) The proposed regulatory action does not contain a Federal mandate that may result in the expenditure by State, local and tribal governments, in aggregate, or by the private sector, of $100 million or more in any one year. Public Law 96–354, ‘‘Regulatory Flexibility Act’’ (5 U.S.C. 601) The proposed regulatory action 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. The rule establishes policy and assigns executive agent responsibilities but taken cumulatively, those changes would not have a significant impact on a substantial number of small entities. PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 Public Law 96–511, ‘‘Paperwork Reduction Act’’ (44 U.S.C. Chapter 35) The proposed regulatory action does impose reporting or recordkeeping requirements under the Paperwork Reduction Act of 1995. Executive Order 13132, ‘‘Federalism’’ The proposed regulatory action does not have federalism implications, as set forth in Executive Order 13132. This rule does not have substantial direct effects on: (1) The States; (2) The relationship between the National Government and the States; or (3) The distribution of power and responsibilities among the various levels of government. List of Subjects in 32 CFR Part 213 Federal buildings and facilities. Accordingly, 32 CFR part 213 is proposed to be added to read as follows: PART 213—SUPPORT FOR NONFEDERAL ENTITIES AUTHORIZED TO OPERATE ON DOD INSTALLATIONS Sec. 213.1 213.2 213.3 213.4 213.5 Purpose. Applicability and scope. Definition. Policy. Responsibilities Authority: 10 U.S.C. 2554 and 2606. § 213.1 Purpose. This part: (a) Authorizes 32 CFR part 212. (b) Establishes policy and assigns responsibilities under DoD Directive 5124.8 1 for standardizing support to non-Federal entities authorized to operate on DoD installations. (c) Designates the Secretary of the Army as the DoD Executive Agent (DoD EA) according to DoD Directive 5101.1: 2 (1) For DoD support to the Boy Scouts of America (BSA) and Girl Scouts of the United States of America (GSUSA) local councils and organizations in areas outside of the United States 10 U.S.C. 2606. DoD support will also cover the periodic national jamboree according to 10 U.S.C. 2606.3 1 Copies may be obtained at https://www.dtic.mil/ whs/directives/. 2 Copies may be obtained at https://www.dtic.mil/ whs/directives/. 3 A Federal district judge has ruled that support to BSA under section 2554 of Reference (g) is E:\FR\FM\18APP1.SGM Continued 18APP1 19412 Federal Register / Vol. 72, No. 74 / Wednesday, April 18, 2007 / Proposed Rules (2) To perform the annual audit of the American Red Cross (ARC) accounts and to prepare and submit the annual report to Congress according to 36 U.S.C. 300110. (3) To provide the ARC with the necessary deployment support. (d) Designates the Secretary of the Air Force as the DoD EA responsible for conducting the Armed Forces Entertainment (AFE) program. § 213.2 Applicability and scope. This part: (a) Applies to the Office of the Secretary of Defense, the Military Departments, the Chairman of the Joint Chiefs of Staff, the Combatant Commands, the Office of the Inspector General of the Department of Defense, the Defense Agencies, the DoD Field Activities, and all other organizational entities within the Department of Defense (hereafter referred to collectively as the ‘‘DoD Components’’) and non-Federal entities authorized to operate on DoD installations. (b) Shall not revise, modify, or rescind any Memorandum of Understanding (MOU) between a non-Federal entity and the U.S. Government or the Department of Defense or their implementing arrangements in existence as of the effective date of this Directive. Additionally, the Directive shall not revise, modify, or rescind any MOU between the Department of Justice (DoJ) and the Department of Defense that is in existence as of the effective date of this Directive. Any such agreements shall, as they expire, come up for renewal, or as circumstances otherwise permit, be revised to conform to this Directive and any implementing guidance. (c). Does not apply to banks or credit unions addressed in DoD Directive 1000.11 4 or the Civil Air Patrol according to 10 U.S.C. 2554. § 213.3 Definition. rmajette on PROD1PC67 with PROPOSALS Non-federal entities. A non-Federal entity is generally a self-sustaining, nonFederal person or organization, established, operated, and controlled by any individual(s) acting outside the scope of any official capacity as officers, employees, or agents of the Federal Government. This Directive addresses only those entities that may operate on DoD installations with the express unconstitutional, and has enjoined the Department of Defense from providing future support under that statute. The Department of Defense is appealing that order. However, unless the order is overturned on appeal, the Department of Defense cannot provide any support to BSA using this statute. Contact your local legal office for further guidance. 4 Copies may be obtained at https://www.dtic.mil/ whs/directives/. VerDate Aug<31>2005 15:14 Apr 17, 2007 Jkt 211001 consent of the installation commander or higher authority under applicable regulations. Non-Federal entities may include elements of state, interstate, Indian tribal, and local government, as well as private organizations. § 213.4 Policy. It is DoD policy that: (a) DoD support for non-Federal entities shall be in accordance with relevant statutes as well as DoD 5500.7– R.5 In accordance with DoD 5500.7–R and to avoid preferential treatment, DoD support should be uniform, recognizing that non-Federal entity support of Service members and their families can be important to their welfare. (b) Under DoD Directive 5124.8 procedures shall be established as Instructions and agreements for the operation of non-Federal entities on DoD installations and for the prohibition of official sanction, endorsement, or support by the DoD Components and officials, except as authorized by DoD 5500.7–R and applicable law. Instructions and agreements must be compatible with the primary mission of the Department and provide for Congressionally authorized support to non-Federal entities on DoD installations. (c) In accordance with DoD 5500.7–R, installation commanders or higher authority may authorize, in writing, logistical support for events, including fundraising events, sponsored by nonFederal entities covered by this part. (d) Installation commanders or higher authority may coordinate with nonFederal entities in order to support appropriated or nonappropriated fund activities on DoD installations, so long as the support provided by the nonFederal entities does not compete with appropriated or nonappropriated fund activities. (e) Non-Federal entities are not entitled to sovereign immunity and the privileges given to Federal entities and instrumentalities. § 213.5 Responsibilities. (a) The Principal Deputy Under Secretary of Defense for Personnel and Readiness (PDUSD(P&R)), under the Under Secretary of Defense for Personnel and Readiness, shall: (1) Be responsible for implementing all policy matters and Office of the Secretary of Defense oversight of nonFederal entities on DoD installations. (2) Develop procedures and execute any necessary agreements to implement 5 Copies may be obtained at https://www.dtic.mil/ whs/directives/. PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 policy for the operation of non-Federal entities on DoD installations. (3) Assign responsibilities to the DoD Components to accomplish specific oversight and administrative responsibilities with respect to nonFederal entities operating on DoD installations. (4) Oversee the activities of the designated DoD EA, assessing the need for continuation, currency, effectiveness, and efficiency of the DoD EA according to 10 U.S.C. 2554. Make recommendations for establishment of additional DoD EA assignments and arrangements as necessary. (b) The Secretary of the Army, as the designated DoD EA, and according to 10 U.S.C. 2554, shall: (1) Perform the audit of the annual ARC accounts and prepare and submit the annual report according to 36 U.S.C. 300110 and this part. (2) Coordinate support to the BSA and GSUSA according to DoD Instruction 1015.9 6 and this part. (3) Provide necessary deployment support to ARC according to an approved DoD and ARC MOU. Initially, the Army will cover costs, except those paid by the ARC. The Army will then be reimbursed, upon its request, by the entity directly benefiting from the ARC support. (4) Designate a point of contact to coordinate matters regarding the DoD EA responsibilities, functions, and authorities. (c) The Secretary of the Air Force, as the designated DoD EA with responsibility for conducting the AFE program, shall administer the AFE program according to 10 U.S.C. 2554, DoD Instruction 1330.13,7 and this part to include the following: (1) Annually determine with the other DoD Components and the PDUSD (P&R) the scope of the program. (2) Budget, fund, and maintain accountability for approved appropriated fund expenses. Develop and implement supplemental guidance to identify allowable expenses and reimbursements. (3) Provide centralized services for selecting, declining, scheduling, and processing entertainment groups for overseas. (4) Designate a point of contact to coordinate matters regarding the DoD EA responsibilities, functions, and authorities. 6 Copies may be obtained at https://www.dtic.mil/ whs/directives/. 7 Copies may be obtained at https://www.dtic.mil/ whs/directives/. E:\FR\FM\18APP1.SGM 18APP1 Federal Register / Vol. 72, No. 74 / Wednesday, April 18, 2007 / Proposed Rules Dated: April 11, 2007. L.M. Bynum, Alternate OSD Federal Register Liaison Officer, DoD. [FR Doc. E7–7247 Filed 4–17–07; 8:45 am] BILLING CODE 5001–06–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [EPA–R05–OAR–2006–0305; FRL–8301–8] Determination of Attainment, Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Indiana; Redesignation of the South BendElkhart 8-Hour Nonattainment Area to Attainment for Ozone Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: SUMMARY: On May 30, 2006, the Indiana Department of Environmental Management (IDEM) submitted a request for EPA approval of a redesignation of St. Joseph and Elkhart Counties to attainment of the 8-hour ozone National Ambient Air Quality Standard (NAAQS) and of an ozone maintenance plan for St. Joseph and Elkhart Counties as a revision to the Indiana State Implementation Plan (SIP). Today, EPA is proposing to approve Indiana’s request and corresponding SIP revision. EPA is also proposing to approve the Volatile Organic Compounds (VOC) and Nitrogen Oxides (NOX) Motor Vehicle Emission Budgets (MVEBs) for these Counties, as supported by the ozone maintenance plan for this area, for purposes of transportation conformity determinations. Comments must be received on or before May 18, 2007. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R05– OAR–2006–0305, by one of the following methods: • www.regulations.gov: Follow the on-line instructions for submitting comments. • E-mail: mooney.john@epa.gov. • Fax: (312) 886–5824. • Mail: John M. Mooney, Chief, Criteria Pollutant Section, Air Programs Branch (AR–18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. • Hand Delivery: John M. Mooney, Chief, Criteria Pollutant Section, Air Programs Branch (AR–18J), U.S. Environmental Protection Agency, 77 rmajette on PROD1PC67 with PROPOSALS DATES: VerDate Aug<31>2005 15:14 Apr 17, 2007 Jkt 211001 West Jackson Boulevard, Chicago, Illinois. Such deliveries are only accepted during the Regional Office’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. The Regional Office’s official hours of operation are Monday through Friday, 8:30 AM to 4:30 PM, excluding Federal holidays. Instructions: Direct your comments to Docket ID No. EPA–R05–OAR–2006– 0305. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at https:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI, or otherwise protected, through www.regulations.gov or e-mail. The www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through www.regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters and any form of encryption, and should be free of any defects or viruses. Docket: All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hardcopy. Publicly available docket materials are available either electronically in www.regulations.gov or in hardcopy at the Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. It is recommended that you telephone PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 19413 Steven Rosenthal, Environmental Engineer, at (312) 886–6052, before visiting the Region 5 office. FOR FURTHER INFORMATION CONTACT: Steven Rosenthal, Environmental Engineer, Criteria Pollutant Section, Air Programs Branch (AR–18), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886–6052, doty.edward@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean the EPA. This supplementary information section is arranged as follows: I. What Action Is EPA Proposing to Take? II. What Is the Background for This Action? III. What Are the Criteria for Redesignation to Attainment? IV. What Are EPA’s Analyses of the State’s Requests and What Are the Bases for EPA’s Proposed Action? V. Has Indiana Adopted Acceptable Motor Vehicle Emissions Budgets for the End of the 14-Year Maintenance Plan Which Can Be Used To Support Transportation Conformity Determinations? VI. What Is the Effect of EPA’s Proposed Action? VII. Statutory and Executive Order Reviews I. What Action is EPA Proposing to Take? We are proposing to take several related actions for St. Joseph and Elkhart Counties. First, we are proposing to determine that St. Joseph and Elkhart Counties have attained the 8-hour ozone NAAQS based on air quality for the period of 2003 through 2005. Second, we are proposing to approve Indiana’s ozone maintenance plan for St. Joseph and Elkhart Counties as a revision of the Indiana SIP. The maintenance plan is designed to keep St. Joseph and Elkhart Counties in attainment of the 8-hour ozone standard through 2020. As supported by and consistent with the ozone maintenance plan, we are also proposing to approve the 2020 VOC and NOX MVEBs for St. Joseph and Elkhart Counties for transportation conformity purposes. Finally, we are proposing to approve the request from the State of Indiana to change the designation of St. Joseph and Elkhart Counties from nonattainment to attainment of the 8-hour ozone NAAQS. We have determined that the State and St. Joseph and Elkhart Counties have met the requirements for redesignation to attainment under section 107(d)(3)(E) of the Clean Air Act (CAA). E:\FR\FM\18APP1.SGM 18APP1

Agencies

[Federal Register Volume 72, Number 74 (Wednesday, April 18, 2007)]
[Proposed Rules]
[Pages 19411-19413]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-7247]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 72, No. 74 / Wednesday, April 18, 2007 / 
Proposed Rules

[[Page 19411]]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 213

[DOD-2006-OS-0107]
RIN 0790-AI18


Support for Non-Federal Entities Authorized To Operate on DoD 
Installations

AGENCY: Department of Defense.

ACTION: Proposed rule.

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SUMMARY: This rule establishes policy and assigns responsibilities 
under DoD Directive 5124.8 for standardizing support to Non-Federal 
entities authorized to operate on DoD installations. Designates the 
Secretary of Army as the DoD executive agent for: Support to Boy Scout 
and Girl Scout local councils and organizations in areas outside of the 
United States; support for the national Boy Scout jamboree; the annual 
DoD audit of the American Red Cross (ARC) accounts and the subsequent 
report to Congress; and necessary ARC deployment support. It also 
designates the Secretary of the Air Force as the DoD Executive Agent 
for conducting the Armed Forces Entertainment program. It will have 
minimal impact on the public.

DATES: Comments must be received by June 18, 2007. Do not submit 
comments directly to the point of contact or mail your comments to any 
address other than what is shown below. Doing so will delay the posting 
of the submission.

ADDRESSES: You may submit comments, identified by docket number and or 
RIN number and title, by any of the following methods:
     Federal eRulemaking Portal: https://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 https://regulations.gov 
as they are received without change, including any personal identifiers 
or contact information.

FOR FURTHER INFORMATION CONTACT: Pam Crespi 703-602-5004.

SUPPLEMENTARY INFORMATION:

Executive Order 12866, ``Regulatory Planning and Review''

    This proposed regulatory action is not a significant regulatory 
action, as defined by Executive Order 12866 and does not:
    (1) Have an annual effect to the economy of $100 million or more or 
adversely affect in a material way the economy; a section of the 
economy; productivity; competition; jobs; the environment; public 
health or safety; or State, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another Agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs, or the rights and obligations of 
recipients thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
this Executive Order.

Unfunded Mandates Reform Act (Sec. 202, Pub. L. 104-4)

    The proposed regulatory action does not contain a Federal mandate 
that may result in the expenditure by State, local and tribal 
governments, in aggregate, or by the private sector, of $100 million or 
more in any one year.

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

    The proposed regulatory action 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. The rule establishes policy and assigns executive agent 
responsibilities but taken cumulatively, those changes would not have a 
significant impact on a substantial number of small entities.

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

    The proposed regulatory action does impose reporting or 
recordkeeping requirements under the Paperwork Reduction Act of 1995.

Executive Order 13132, ``Federalism''

    The proposed regulatory action does not have federalism 
implications, as set forth in Executive Order 13132. This rule does not 
have substantial direct effects on:
    (1) The States;
    (2) The relationship between the National Government and the 
States; or
    (3) The distribution of power and responsibilities among the 
various levels of government.

 List of Subjects in 32 CFR Part 213

    Federal buildings and facilities.

    Accordingly, 32 CFR part 213 is proposed to be added to read as 
follows:

PART 213--SUPPORT FOR NON-FEDERAL ENTITIES AUTHORIZED TO OPERATE ON 
DOD INSTALLATIONS

Sec.
213.1 Purpose.
213.2 Applicability and scope.
213.3 Definition.
213.4 Policy.
213.5 Responsibilities

     Authority: 10 U.S.C. 2554 and 2606.


Sec.  213.1  Purpose.

This part:

    (a) Authorizes 32 CFR part 212.
    (b) Establishes policy and assigns responsibilities under DoD 
Directive 5124.8 \1\ for standardizing support to non-Federal entities 
authorized to operate on DoD installations.
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    \1\ Copies may be obtained at https://www.dtic.mil/whs/
directives/.
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    (c) Designates the Secretary of the Army as the DoD Executive Agent 
(DoD EA) according to DoD Directive 5101.1: \2\
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    \2\ Copies may be obtained at https://www.dtic.mil/whs/
directives/.
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    (1) For DoD support to the Boy Scouts of America (BSA) and Girl 
Scouts of the United States of America (GSUSA) local councils and 
organizations in areas outside of the United States 10 U.S.C. 2606. DoD 
support will also cover the periodic national jamboree according to 10 
U.S.C. 2606.\3\
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    \3\ A Federal district judge has ruled that support to BSA under 
section 2554 of Reference (g) is unconstitutional, and has enjoined 
the Department of Defense from providing future support under that 
statute. The Department of Defense is appealing that order. However, 
unless the order is overturned on appeal, the Department of Defense 
cannot provide any support to BSA using this statute. Contact your 
local legal office for further guidance.

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[[Page 19412]]

    (2) To perform the annual audit of the American Red Cross (ARC) 
accounts and to prepare and submit the annual report to Congress 
according to 36 U.S.C. 300110.
    (3) To provide the ARC with the necessary deployment support.
    (d) Designates the Secretary of the Air Force as the DoD EA 
responsible for conducting the Armed Forces Entertainment (AFE) 
program.


Sec.  213.2  Applicability and scope.

This part:

    (a) Applies to the Office of the Secretary of Defense, the Military 
Departments, the Chairman of the Joint Chiefs of Staff, the Combatant 
Commands, the Office of the Inspector General of the Department of 
Defense, the Defense Agencies, the DoD Field Activities, and all other 
organizational entities within the Department of Defense (hereafter 
referred to collectively as the ``DoD Components'') and non-Federal 
entities authorized to operate on DoD installations.
    (b) Shall not revise, modify, or rescind any Memorandum of 
Understanding (MOU) between a non-Federal entity and the U.S. 
Government or the Department of Defense or their implementing 
arrangements in existence as of the effective date of this Directive. 
Additionally, the Directive shall not revise, modify, or rescind any 
MOU between the Department of Justice (DoJ) and the Department of 
Defense that is in existence as of the effective date of this 
Directive. Any such agreements shall, as they expire, come up for 
renewal, or as circumstances otherwise permit, be revised to conform to 
this Directive and any implementing guidance.
    (c). Does not apply to banks or credit unions addressed in DoD 
Directive 1000.11 \4\ or the Civil Air Patrol according to 10 U.S.C. 
2554.
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    \4\ Copies may be obtained at https://www.dtic.mil/whs/
directives/.
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Sec.  213.3  Definition.

    Non-federal entities. A non-Federal entity is generally a self-
sustaining, non-Federal person or organization, established, operated, 
and controlled by any individual(s) acting outside the scope of any 
official capacity as officers, employees, or agents of the Federal 
Government. This Directive addresses only those entities that may 
operate on DoD installations with the express consent of the 
installation commander or higher authority under applicable 
regulations. Non-Federal entities may include elements of state, 
interstate, Indian tribal, and local government, as well as private 
organizations.


Sec.  213.4  Policy.

It is DoD policy that:

    (a) DoD support for non-Federal entities shall be in accordance 
with relevant statutes as well as DoD 5500.7-R.\5\ In accordance with 
DoD 5500.7-R and to avoid preferential treatment, DoD support should be 
uniform, recognizing that non-Federal entity support of Service members 
and their families can be important to their welfare.
---------------------------------------------------------------------------

    \5\ Copies may be obtained at https://www.dtic.mil/whs/
directives/.
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    (b) Under DoD Directive 5124.8 procedures shall be established as 
Instructions and agreements for the operation of non-Federal entities 
on DoD installations and for the prohibition of official sanction, 
endorsement, or support by the DoD Components and officials, except as 
authorized by DoD 5500.7-R and applicable law. Instructions and 
agreements must be compatible with the primary mission of the 
Department and provide for Congressionally authorized support to non-
Federal entities on DoD installations.
    (c) In accordance with DoD 5500.7-R, installation commanders or 
higher authority may authorize, in writing, logistical support for 
events, including fundraising events, sponsored by non-Federal entities 
covered by this part.
    (d) Installation commanders or higher authority may coordinate with 
non-Federal entities in order to support appropriated or 
nonappropriated fund activities on DoD installations, so long as the 
support provided by the non-Federal entities does not compete with 
appropriated or nonappropriated fund activities.
    (e) Non-Federal entities are not entitled to sovereign immunity and 
the privileges given to Federal entities and instrumentalities.


Sec.  213.5  Responsibilities.

    (a) The Principal Deputy Under Secretary of Defense for Personnel 
and Readiness (PDUSD(P&R)), under the Under Secretary of Defense for 
Personnel and Readiness, shall:
    (1) Be responsible for implementing all policy matters and Office 
of the Secretary of Defense oversight of non-Federal entities on DoD 
installations.
    (2) Develop procedures and execute any necessary agreements to 
implement policy for the operation of non-Federal entities on DoD 
installations.
    (3) Assign responsibilities to the DoD Components to accomplish 
specific oversight and administrative responsibilities with respect to 
non-Federal entities operating on DoD installations.
    (4) Oversee the activities of the designated DoD EA, assessing the 
need for continuation, currency, effectiveness, and efficiency of the 
DoD EA according to 10 U.S.C. 2554. Make recommendations for 
establishment of additional DoD EA assignments and arrangements as 
necessary.
    (b) The Secretary of the Army, as the designated DoD EA, and 
according to 10 U.S.C. 2554, shall:
    (1) Perform the audit of the annual ARC accounts and prepare and 
submit the annual report according to 36 U.S.C. 300110 and this part.
    (2) Coordinate support to the BSA and GSUSA according to DoD 
Instruction 1015.9 \6\ and this part.
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    \6\ Copies may be obtained at https://www.dtic.mil/whs/
directives/.
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    (3) Provide necessary deployment support to ARC according to an 
approved DoD and ARC MOU. Initially, the Army will cover costs, except 
those paid by the ARC. The Army will then be reimbursed, upon its 
request, by the entity directly benefiting from the ARC support.
    (4) Designate a point of contact to coordinate matters regarding 
the DoD EA responsibilities, functions, and authorities.
    (c) The Secretary of the Air Force, as the designated DoD EA with 
responsibility for conducting the AFE program, shall administer the AFE 
program according to 10 U.S.C. 2554, DoD Instruction 1330.13,\7\ and 
this part to include the following:
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    \7\ Copies may be obtained at https://www.dtic.mil/whs/
directives/.
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    (1) Annually determine with the other DoD Components and the PDUSD 
(P&R) the scope of the program.
    (2) Budget, fund, and maintain accountability for approved 
appropriated fund expenses. Develop and implement supplemental guidance 
to identify allowable expenses and reimbursements.
    (3) Provide centralized services for selecting, declining, 
scheduling, and processing entertainment groups for overseas.
    (4) Designate a point of contact to coordinate matters regarding 
the DoD EA responsibilities, functions, and authorities.


[[Page 19413]]


     Dated: April 11, 2007.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, DoD.
 [FR Doc. E7-7247 Filed 4-17-07; 8:45 am]
BILLING CODE 5001-06-P
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