Procedures and Support for Non-Federal Entities Authorized To Operate on Department of Defense (DoD) Installations, 56021-56025 [E7-19446]
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Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Proposed Rules
which the employee was being paid
immediately before transfer to the
international organization, or if pay has
been adjusted under § 352.314(c), at not
less than the adjusted pay level.
(d) The period of separation caused by
the employment of the employee with
the international organization and the
period necessary to effect reemployment
are creditable service for all appropriate
civil service employment purposes.
(e) An employee who elected to retain
Federal retirement coverage while
employed by the international
organization and has made all deposits
required for such coverage may make
contributions to the TSP which he or
she missed as a result of the service
with the international organization, and
receive make-up agency contributions
and lost earnings on the agency
contributions, consistent with
applicable TSP requirements.
§ 352.312
When to apply.
An employee may apply for
reemployment, in writing, either before
or after separation from the
international organization. If the
employee applies before separation, the
30-day period prescribed in § 352.311
begins either with the date of the
application or 30 days before the
employee’s date of separation from the
international organization, whichever is
later. If the employee applies for
reemployment after separation, the
application must be received by the
employing agency no later than 90 days
after separation from the international
organization.
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§ 352.313
appeal.
Failure to reemploy and right of
(a) When an agency fails to reemploy
an employee within 30 days of receiving
the employee’s application, it must
notify the employee, in writing, of the
reasons and of the employee’s right to
appeal to the Merit Systems Protection
Board under the provisions of the
Board’s regulations. The agency must
comply with the provisions of § 1201.21
of this title.
(b) If the agency fails to reach and
issue a decision to the employee within
30 days from the date of the application
for reemployment, the employee is
entitled to appeal the agency’s failure to
issue a decision to the Merit Systems
Protection Board under the provisions
of the Board’s regulations.
(c) An employee may submit an
appeal, alleging that the agency has
failed to comply with any of the other
provisions of sections 3343 and 3581–
3584 of title 5, United States Code, or
of this part, to the Merit Systems
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Protection Board under the provisions
of the Board’s regulations.
§ 352.314 Consideration for promotion and
pay increases.
(a) The employing agency must
consider an employee who is detailed or
transferred to an international
organization for all promotions for
which the employee would be
considered if not absent. A promotion
based on this consideration is effective
on the date it would have been effective
if the employee were not absent.
(b) When the position of an employee
who is absent on detail or transfer to an
international organization is upgraded
during the employee’s absence, the
employing agency must place the
employee in the upgraded position.
(c) The employing agency must
consider an employee who is detailed or
transferred to an international
organization from an ungraded pay
system for all pay increases for which
the employee would be considered if
not absent. An increase is effective on
the date it would have been effective if
the employee were not absent.
[FR Doc. E7–19447 Filed 10–1–07; 8:45 am]
BILLING CODE 6325–39–P
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 212
[DoD–2006–OS–0041; 0790–AB04]
Procedures and Support for NonFederal Entities Authorized To Operate
on Department of Defense (DoD)
Installations
Department of Defense.
Proposed rule.
AGENCY:
ACTION:
SUMMARY: This rule proposed to update
responsibilities and procedures to
define and reestablish a framework for
non-Federal entities (NFEs) (previously
called private organizations) authorized
to operate on DoD installations.
Requires heads of DoD Components to
conduct periodic reviews of facilities,
programs, services, and membership
provisions of NFEs operating on DoD
installations and authorizes installation
commanders or higher authority to
determine if an NFE detracts from DoD
programs and to eliminate duplication.
Identifies those NFEs having statutory
authorization for particular support and
restates DoD policy on sponsorship of
NFEs by DoD personnel acting in an
official capacity, specifically as it
applies to chartering Boy Scout
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56021
organizations authorized to operate on
DoD installations.
DATES: Comments must be received by
December 3, 2007.
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’’
It has been determined that 32 CFR
part 123 is not a significant regulatory
action. The rule 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)
It has been certified that this rule 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)
It has been certified that this rule is
not subject to the Regulatory Flexibility
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Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Proposed Rules
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
makes some changes in the regulation
and updates some references 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)
It has been certified that this rule does
impose reporting or recordkeeping
requirements under the Paperwork
Reduction Act of 1995. The reporting
and recordkeeping requirements have
been submitted to OMB for review.
Executive Order 13132, ‘‘Federalism’’
It has been certified that this rule 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 212
Armed forces, Foreign relations,
Statistics, Taxes.
Accordingly, 32 CFR part 212 is
proposed to be revised to read as
follows:
PART 212—PROCEDURES AND
SUPPORT FOR NON-FEDERAL
ENTITIES AUTHORIZED TO OPERATE
ON DEPARTMENT OF DEFENSE (DOD)
INSTALLATIONS
Sec.
212.1 Purpose.
212.2 Applicability.
212.3 Definitions.
212.4 Policy.
212.5 Responsibilities.
212.6 Procedures.
Appendix A to Part 212–Non-Federal Entities
Having Statutory Authorization for
Particular Support
§ 212.1
Purpose.
This part updates responsibilities and
procedures to define and reestablish a
framework for non-Federal entities
authorized to operate on DoD
installations.
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§ 212.2
Applicability.
(a) This part applies to:
(1) 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
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Field Activities, and all other
organizational entities within the
Department of Defense (hereafter
referred to collectively as the ‘‘DoD
Components’’).
(2) Non-Federal entities authorized to
operate on DoD installations.
(b) This part shall not apply to:
(1) Military relief societies.
(2) Banks or credit unions according
to DoD Directive 1000.11.1
(3) Support provided under
Innovative Readiness Training
according to DoD Directive 1100.20.2
§ 212.3
Definitions.
(a) Non-Federal Entities. A nonFederal entity is generally a selfsustaining, non-Federal organization,
incorporated or unincorporated. This
Instruction addresses only those entities
that operate on DoD installations with
the express consent of the installation
commander or higher authority.
Membership of these organizations
consists of individuals acting
exclusively outside the scope of any
official capacity as officers, employees,
or agents of the Federal Government.
Non-Federal entities may include
elements of State, interstate, Indian
tribal, and local governments as well as
private organizations.
(b) United States. As used in this part,
the 50 States, the District of Columbia,
the Commonwealth of Puerto Rico, the
Commonwealth of the Northern
Marianas Islands, the U.S. Virgin
Islands, Guam, American Samoa,
Johnston Atoll, Kingman Reef, Midway
Island, Nassau Island, Palmyra Island,
Wake Island, and any other territory or
possession of the United States, and
associated navigable waters, including
the territorial seas.
(c) DoD Installation. A location,
facility, or activity owned, leased,
assigned to, controlled, or occupied by
a DoD Component.
§ 212.4
Policy.
It is DoD policy that procedures be
established for the operation of nonFederal entities on DoD installations to
prevent official sanction, endorsement,
or support by the DoD Components
except as authorized in DoD 5500.7–R 3
and applicable law. Non-Federal entities
are not entitled to sovereign immunity
and privileges accorded to Federal
entities and instrumentalities. The DoD
Components shall take action to
preclude unauthorized expenditures of
appropriated funds, commissary
1 Copies may be obtained at https://www.dtic.mil/
whs/directives/.
2 See footnote 1 to § 212.2(b)(2).
3 See footnote 1 to § 212.2(b)(2).
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surcharge, or nonappropriated funds
(NAF) in support of these organizations.
§ 212.5
Responsibilities.
(a) The Principal Deputy Under
Secretary of Defense for Personnel and
Readiness, under the authority and
guidance of the Under Secretary of
Defense for Personnel and Readiness,
shall be responsible for implementing
policy and oversight of non-Federal
entities on DoD installations.
(b) The Heads of the DoD Components
shall:
(1) Implement this part.
(2) Be aware of all non-Federal
entities operating under their
jurisdiction.
(3) Conduct reviews to ensure
installation commanders periodically
review facilities, programs, and services
provided by non-Federal entities
operating on DoD installations. Also,
installation commanders will review
membership provisions and the original
purpose for which each organization
was originally approved. Substantial
changes to those original conditions
shall necessitate further review,
documentation, and approval for
continued permission to operate on the
installation.
§ 212.6
Procedures.
(a) To prevent the appearance of
official sanction or support by the
Department of Defense:
(1) Non-Federal entities may not use
the seals, logos, or insignia of the
Department of Defense or any DoD
Component, DoD organizational unit, or
DoD installation on organization
letterhead, correspondence, titles, or in
association with organization programs,
locations, or activities.
(2) Non-Federal entities operating on
DoD installations may use the name or
abbreviation of the Department of
Defense, a DoD Component,
organizational unit, or installation in its
name provided that its status as a nonFederal entity is apparent and
unambiguous and there is no
appearance of official sanction or
support by the Department of Defense.
The following applies:
(i) The non-Federal entity must have
approval from the head of the
appropriate DoD organization before
using the name or abbreviation.
(ii) Any use of the name or
abbreviation of a DoD Component,
organizational unit, or installation must
not mislead members of the public to
assume a non-Federal entity is an
organizational unit of the Department of
Defense.
(iii) A non-Federal entity must
prominently display the following
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disclaimer on all print and electronic
media mentioning the entity’s name
confirming that the entity is not a part
of the Department of Defense: ‘‘THIS IS
A NON-FEDERAL ENTITY. IT IS NOT
A PART OF THE DEPARTMENT OF
DEFENSE OR ANY OF ITS
COMPONENTS AND IT HAS NO
GOVERNMENTAL STATUS.’’ This
disclaimer must also be provided in
appropriate oral communications and
public announcements when the name
of the entity is used.
(b) Activities of non-Federal entities
covered by this Instruction shall not in
any way prejudice or discredit the DoD
Components or other Federal
Government Agencies.
(c) Installation commanders shall
approve written agreements that
indicate permission to operate on the
installation and any logistical support
that will be provided. DoD personnel
acting in an official capacity will not
execute any charter that will serve as
the legal basis for the non-Federal
entity. The nature, function, and
objectives of a non-Federal entity
covered by this Instruction shall be
delineated in a written constitution, bylaws, charter, articles of agreement, or
other authorization documents before
receiving approval from the installation
commander to operate on the
installation. That documentation shall
also include:
(1) Description of eligible membership
in the non-Federal entity.
(i) No person because of race, color,
creed, sex, age, disability, or national
origin shall be unlawfully denied
membership, unlawfully excluded from
participation, or otherwise subjected to
unlawful discrimination by any nonFederal entity or other private
organization covered by this part.
(ii) Installation commanders will
distribute information on procedures for
individuals to follow when they suspect
unlawful discrimination by the
organization.
(2) Designation of management
responsibilities, including the
accountability for assets, satisfaction of
liabilities, disposition of any residual
assets on dissolution, and other
documentation that shows responsible
financial management.
(3) A certification indicating that
members understand they are
personally liable if the assets of the nonFederal entity are insufficient to
discharge all liabilities.
(4) Guidance relating to professional
scouting organizations operating at U.S.
military installations located overseas
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can be found in DoD Instruction
1015.9.4
(i) In accordance with DoD 5500.7–R,
DoD personnel acting in an official
capacity shall not execute charters that
serve as the legal basis for the creation
of Boy Scouts organizations (including
Boy Scouts, Cub Scout Packs, or
Venturer Crews).
(ii) While such chartering is not
allowed, nothing in this part is intended
to preclude DoD support to Boy Scouts
authorized by other DoD Instructions, to
preclude Boy Scouts activities on DoD
installations, or to preclude DoD
personnel in their personal capacity
from sponsoring Boy Scouts
organizations. Existing charters
executed by DoD personnel in their
official capacity shall be terminated, or
amended to substitute sponsorship by
an appropriate individual, volunteer,
groups or organization, consistent with
DoD policy.5
(d) A non-Federal entity covered by
this part shall not offer programs or
services on DoD installations that
compete with appropriated or NAF
activities, but may, when specifically
authorized, supplement those activities.
(1) Installation commanders, or higher
authorities, will determine if the
services of a non-Federal entity conflict
with or detract from local DoD
programs. The cognizant commander
has discretionary authority over the
operations of non-Federal entities on
DoD installations. Commanders are
authorized to eliminate duplication of
services, particularly when these
services compete with the installation’s
revenue-generating activities.
(2) Background checks are required
for employees and volunteers of nonFederal entities who have contact with
children under the age of 18 in DoD
operated, contracted, or communitybased programs, which are used to
supplement or expand child care or
youth services, according to DoD
Instruction 1402.5.6
(e) Non-Federal entities covered by
this part shall be self-sustaining,
primarily through dues, contributions,
service charges, fees, or special
assessment of members. There shall be
no financial assistance to such an entity
from a NAF Instrumentality (NAFI) in
the form of contributions, repairs,
services, dividends, or other donations
of money or other assets. Fundraising
4 See
footnote 1 to § 212.2(b)(2).
mandated by ‘‘Partial Settlement
Agreement Between Plaintiffs and Secretary
Rumsfield’’, United States District Court for the
Northern District of Illinois, Eastern Division, No.
1999 CV 02424 (Eugene Winkler, et al., v. Chicago
School Reform Board of Trustees, et al.)
6 See footnote 1 to § 212.2(b)(2).
5 Paragraph
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56023
and membership drives are governed by
DoD 5500.7–R.
(f) Non-Federal entities are not
entitled to DoD support. However,
support may be provided when it is
consistent with the military mission of
the DoD Component concerned. Such
support may be provided only when it
can be offered within the capability of
the installation commander without
detriment to the commander’s ability to
fulfill the military mission and when it
is permitted under applicable Status of
Forces Agreements. The DoD
Components may provide logistical
support to non-Federal entities with
appropriated funds according to DoD
5500.7–R and applicable law. NAFI
funds or assets shall not be directly or
indirectly transferred to non-Federal
entities according to DoD Instruction
1015.14 7 (Reference (h)).
(g) Personal and professional
participation in non-Federal entities by
DoD employees is governed by DoD
5500.7–R. DoD personnel acting in an
official capacity will not execute
charters that serve as the legal basis for
any non-Federal entity or other private
organization.
(h) Neither appropriated fund
activities nor NAFIs may assert any
claim to the assets, or incur or assume
any obligation, of any non-Federal
entity covered by this Instruction,
except as may arise out of contractual
relationships. Property shall not be
abandoned on the installation by a nonFederal entity and may only be acquired
by the DoD installation by purchase or
through donation.
(i) The non-Federal entity shall have
adequate insurance, as defined by the
DoD Component concerned, to protect
against liability and property damage
claims or other legal actions that may
arise due to its activities, its acting
members, or the operation of its
equipment or devices. The DoD
Components will not assume liability
(through insurance or other means) for
any activities or assets of non-Federal
entities.
(j) Non-Federal entities shall comply
with applicable fire and safety
regulations, environmental laws, local,
State, and Federal tax codes; and any
other applicable statutes or regulations.
(k) Income shall not accrue to
individual members of a non-Federal
entity except through wages and salaries
as employees of the non-Federal entity
or as award recognition for services
rendered to the non-Federal entity or
military community. This prohibition is
not meant to preclude operation of
investment clubs, in which the
7 See
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footnote 1 to § 212.2(b)(1).
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investment of members’ personal funds
result in a return on investment directly
and solely to the individual members.
(l) Employees of non-Federal entities
are not employees of the United States
or of an instrumentality of the United
States. Applicable laws on labor
standards for employment shall be
observed, including worker’s
compensation insurance. Employees of
non-Federal entities shall not
participate in NAF employee benefit
programs based upon their affiliation
with the non-Federal entity.
(m) Non-Federal entities that have
statutory authorization for particular
support are listed at Appendix A to this
part.
(n) Certain unofficial activities
conducted on DoD installations do not
need formal authorization because of
the limited scope of their activities.
Examples are office coffee funds, flower
funds, and similar small, informal
activities and funds. The DoD
Components shall establish the basis
upon which such informal activities and
funds shall operate.
Appendix A to Part 212—Non-Federal
Entities Having Statutory Authorization
for Particular Support
Many non-Federal entities have statutory
and/or Department authorization for
particular support. Most are listed as follows:
Non-federal entity
Authority
Certain banks and credit unions ..............................................................
United Service Organizations ...................................................................
Labor organizations ..................................................................................
Combined Federal Campaign ..................................................................
American Registry of Pathology ...............................................................
Henry M. Jackson Foundation for the Advancement of Military Medicine
American National Red Cross ..................................................................
Boy Scouts Jamborees 11 .........................................................................
Girl Scouts International Events (Transportation) ....................................
Shelter for Homeless ................................................................................
National Military Associations; Assistance at National Conventions .......
National Veterans’ Organizations (Beds and Barracks) ..........................
United Seamen’s Service Organization ...................................................
Scouting: Cooperation and Assistance in Foreign Areas ........................
Civil Air Patrol ...........................................................................................
Assistance for certain youth and charitable organizations ......................
Presidential Inaugural Ceremonies ..........................................................
Specified Sporting Events (Olympics) ......................................................
Fire Protection Agreements ......................................................................
Armed Services Young Men’s Christian Association ...............................
The Military Department of each State and territory ................................
12 United States Code (U.S.C.) 1770.
36 U.S.C. 220101.
Memorandum of Understanding (MOU).
5 U.S.C. Chapter 71.
DoD 1400.25–M, 8 subchapter 711.
E.O. 12353.
5 CFR 950.
DoD Directive 5035.1.9
DoD Instruction 5035.5.10
10 U.S.C. 177.
10 U.S.C. 178.
10 U.S.C. 2552.
10 U.S.C. 2602.
Secretary of the Army Memorandum.
MOU.
10 U.S.C. 2554.
10 U.S.C. 2555.
DoD Instruction 1015.14.
10 U.S.C. 2556.
10 U.S.C. 2558.
DoD Directive 5410.18.12
DoD Instruction 5410.19.13
10 U.S.C. 2551.
10 U.S.C. 2604.
MOU.
10 U.S.C. 2606.
DoD Instruction 1015.14.
10 U.S.C. 9441.
10 U.S.C. 9442.
36 U.S.C. 40301.
32 U.S.C. 508.
DoD Directive 1100.20.
10 U.S.C. 2553
10 U.S.C. 2564.
DoD Directive 2000.15.14
42 U.S.C. 1856.
10 U.S.C. 2012.
10 U.S.C. 4744.
32 U.S.C. 508.
MOU.
32 U.S.C. 101
8 See
footnote 1 to § 212.2(b)(2).
footnote 1 to § 212.2(b)(2).
10 See footnote 1 to § 212.2(b)(2).
11 A Federal district judge has ruled that support to the Boy Scouts under 10 U.S.C. § 2554 is unconstitutional, and has enjoined DoD from providing future support under that statute. DoD has appealed that order. Unless the order is overturned on appeal, DoD cannot provide any support
to the Boy Scouts using this statute. Contact your local legal office for further guidance.
12 See footnote 1 to § 212.2(b)(2).
13 See footnote 1 to § 212.2(b)(2).
14 See footnote 1 to § 212.2(b)(2).
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9 See
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Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Proposed Rules
September 26, 2007.
L.M. Bynum,
Alternate OSD Federal Register Liaison
Officer, DoD.
[FR Doc. E7–19446 Filed 10–1–07; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. CGD08–07–023]
RIN 1625–AA09
Drawbridge Operation Regulations;
Milhomme Bayou, Stephensville, LA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
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ACTION:
SUMMARY: The Coast Guard proposes to
change the regulation governing the
operation of the Stephensville Bridge
across Milhomme Bayou, mile 12.2, at
Stephensville, St. Martin Parish,
Louisiana. Currently the bridge opens
on signal, but due to the minimal
waterway traffic, the bridge owner
requested this change. The proposed
rule will require the draw of the bridge
to open on signal if at least one hour of
advance notice is given. During the
advance notice period, the draw shall
open on less than one hour notice for an
emergency, and shall open on demand
should a temporary surge in waterway
traffic occur.
DATES: Comments and related material
must reach the Coast Guard on or before
December 3, 2007.
ADDRESSES: You may mail comments
and related material to Commander
(dpb), Eighth Coast Guard District, 500
Poydras Street, New Orleans, Louisiana
70130–3310. The Commander, Eighth
Coast Guard District, Bridge
Administration Branch maintains the
public docket for this rulemaking.
Comments and material received from
the public, as well as documents
indicated in this preamble as being
available in the docket, will become part
of this docket and will be available for
inspection or copying at the Bridge
Administration office between 7 a.m.
and 3 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Bart
Marcules, Bridge Administration
Branch, telephone (504) 671–2128.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in
this rulemaking by submitting
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comments and related material. If you
do so, please include your name and
address, identify the docket number for
this rulemaking [CGD08–07–023],
indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. Please submit all comments
and related material in an unbound
format, no larger than 81⁄2 by 11 inches,
suitable for copying. If you would like
to know they reached us, please enclose
a stamped, self-addressed postcard or
envelope. We will consider all
comments and material received during
the comment period. We may change
this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public
meeting. You may submit a request for
a meeting by writing to Commander,
Eighth Coast Guard District, Bridge
Administration Branch at the address
under ADDRESSES explaining why one
would be beneficial. If we determine
that one would aid this rulemaking, we
will hold one at a time and place
announced by a later notice in the
Federal Register.
Background and Purpose
St. Martin Parish has requested that
the operating regulation on the
Stephensville Bridge be changed in
order to operate the bridge more
efficiently. The Stephensville Bridge
locate on Milhomme Bayou at mile 12.2
in Stephensville, St. Martin Parish,
Louisiana has a vertical clearance of 5.8
feet above mean high water, elevation
3.5 feet Mean Sea Level (MSL) in the
closed position and unlimited in the
open position. The Stephensville Bridge
opens on signal as required by 33 CFR
117.5, and this operating schedule has
been in effect since 2002 when the
current bridge replaced an existing
bridge in the area. The previous bridge’s
operating schedule was, ‘‘shall open on
signal; except that, from 10 p.m. to 6
a.m. the draw shall open on signal if at
least two hours notice is given. During
the advance notice period, the draw
shall open on less than two hours notice
for an emergency and shall open on
demand should a temporary surge in
waterway traffic occur.’’
Since the completion of the current
bridge, the waterway traffic has been
minimal and during the past twelve
months an average of 5 boats per day
have requested an opening. Most of the
boats requesting openings are
commercial vessels consisting of
tugboats with barges and shrimp
trawlers that routinely transit this
waterway and are able to give advance
notice.
PO 00000
Frm 00007
Fmt 4702
Sfmt 4702
56025
Concurrent with the publication of
the Notice of Proposed Rulemaking, a
Test Deviation [CGD08–07–022], has
been issued to allow St. Martin Parish
to test the proposed schedule and to
obtain data and public comments. The
test period will be in effect during the
entire Notice of Proposed Rulemaking
comment period. The Coast Guard will
review the logs of the drawbridge and
evaluate public comments from this
Notice of Proposed Rulemaking and the
above referenced Temporary Deviation
to determine if a permanent special
drawbridge operating regulation is
warranted.
The Test Deviation allows the draw of
the Stephensville Bridge to open on
signal if at least one hour of advance
notice is given. During the advance
notice period, the draw shall open on
less than one hour notice for an
emergency and shall open on demand
should a temporary surge in waterway
traffic occur.
Discussion of Proposed Rule
The proposed rule change to 33 CFR
part 117 would require that a one hour
advance notice be given for St. Martin
parish to open the Stephensville Bridge.
Presently and historically the waterway
has minimal waterway traffic and the
bridge owner could use the tenders
more efficiently if at least one hour
notice is required. During emergencies,
the bridge owner will open the bridge as
soon as possible and open on demand
when a surge in waterway traffic occurs.
Regulatory Evaluation
This proposed rule is not a
‘‘significant regulatory action’’ under
section 3(f) of Executive Order 12866,
Regulatory Planning and Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of that Order. The Office
of Management and Budget has not
reviewed it under that Order. It is not
‘‘significant’’ under the regulatory
policies and procedures of the
Department of Homeland Security.
We expect the economic impact of
this proposed rule to be so minimal that
a full Regulatory Evaluation is
unnecessary.
A special regulation existed on the
replaced bridge and the Coast Guard did
not receive complaints regarding the
drawbridge operating schedule during
the many years that bridge was operated
under a special regulation. The current
and historical waterway traffic is very
minimal with an average of 5 signals to
open a day and most signals come from
commercial vessels able to schedule an
opening. The bridge is also only
requiring a one hour advance notice,
E:\FR\FM\02OCP1.SGM
02OCP1
]]>Agencies
[Federal Register Volume 72, Number 190 (Tuesday, October 2, 2007)]
[Proposed Rules]
[Pages 56021-56025]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19446]
=======================================================================
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 212
[DoD-2006-OS-0041; 0790-AB04]
Procedures and Support for Non-Federal Entities Authorized To
Operate on Department of Defense (DoD) Installations
AGENCY: Department of Defense.
ACTION: Proposed rule.
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SUMMARY: This rule proposed to update responsibilities and procedures
to define and reestablish a framework for non-Federal entities (NFEs)
(previously called private organizations) authorized to operate on DoD
installations. Requires heads of DoD Components to conduct periodic
reviews of facilities, programs, services, and membership provisions of
NFEs operating on DoD installations and authorizes installation
commanders or higher authority to determine if an NFE detracts from DoD
programs and to eliminate duplication. Identifies those NFEs having
statutory authorization for particular support and restates DoD policy
on sponsorship of NFEs by DoD personnel acting in an official capacity,
specifically as it applies to chartering Boy Scout organizations
authorized to operate on DoD installations.
DATES: Comments must be received by December 3, 2007.
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''
It has been determined that 32 CFR part 123 is not a significant
regulatory action. The rule 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)
It has been certified that this rule 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)
It has been certified that this rule is not subject to the
Regulatory Flexibility
[[Page 56022]]
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 makes some changes in the regulation and updates some
references 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)
It has been certified that this rule does impose reporting or
recordkeeping requirements under the Paperwork Reduction Act of 1995.
The reporting and recordkeeping requirements have been submitted to OMB
for review.
Executive Order 13132, ``Federalism''
It has been certified that this rule 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 212
Armed forces, Foreign relations, Statistics, Taxes.
Accordingly, 32 CFR part 212 is proposed to be revised to read as
follows:
PART 212--PROCEDURES AND SUPPORT FOR NON-FEDERAL ENTITIES
AUTHORIZED TO OPERATE ON DEPARTMENT OF DEFENSE (DOD) INSTALLATIONS
Sec.
212.1 Purpose.
212.2 Applicability.
212.3 Definitions.
212.4 Policy.
212.5 Responsibilities.
212.6 Procedures.
Appendix A to Part 212-Non-Federal Entities Having Statutory
Authorization for Particular Support
Sec. 212.1 Purpose.
This part updates responsibilities and procedures to define and
reestablish a framework for non-Federal entities authorized to operate
on DoD installations.
Sec. 212.2 Applicability.
(a) This part applies to:
(1) 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'').
(2) Non-Federal entities authorized to operate on DoD
installations.
(b) This part shall not apply to:
(1) Military relief societies.
(2) Banks or credit unions according to DoD Directive 1000.11.\1\
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\1\ Copies may be obtained at https://www.dtic.mil/whs/
directives/.
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(3) Support provided under Innovative Readiness Training according
to DoD Directive 1100.20.\2\
---------------------------------------------------------------------------
\2\ See footnote 1 to Sec. 212.2(b)(2).
---------------------------------------------------------------------------
Sec. 212.3 Definitions.
(a) Non-Federal Entities. A non-Federal entity is generally a self-
sustaining, non-Federal organization, incorporated or unincorporated.
This Instruction addresses only those entities that operate on DoD
installations with the express consent of the installation commander or
higher authority. Membership of these organizations consists of
individuals acting exclusively outside the scope of any official
capacity as officers, employees, or agents of the Federal Government.
Non-Federal entities may include elements of State, interstate, Indian
tribal, and local governments as well as private organizations.
(b) United States. As used in this part, the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth
of the Northern Marianas Islands, the U.S. Virgin Islands, Guam,
American Samoa, Johnston Atoll, Kingman Reef, Midway Island, Nassau
Island, Palmyra Island, Wake Island, and any other territory or
possession of the United States, and associated navigable waters,
including the territorial seas.
(c) DoD Installation. A location, facility, or activity owned,
leased, assigned to, controlled, or occupied by a DoD Component.
Sec. 212.4 Policy.
It is DoD policy that procedures be established for the operation
of non-Federal entities on DoD installations to prevent official
sanction, endorsement, or support by the DoD Components except as
authorized in DoD 5500.7-R \3\ and applicable law. Non-Federal entities
are not entitled to sovereign immunity and privileges accorded to
Federal entities and instrumentalities. The DoD Components shall take
action to preclude unauthorized expenditures of appropriated funds,
commissary surcharge, or nonappropriated funds (NAF) in support of
these organizations.
---------------------------------------------------------------------------
\3\ See footnote 1 to Sec. 212.2(b)(2).
---------------------------------------------------------------------------
Sec. 212.5 Responsibilities.
(a) The Principal Deputy Under Secretary of Defense for Personnel
and Readiness, under the authority and guidance of the Under Secretary
of Defense for Personnel and Readiness, shall be responsible for
implementing policy and oversight of non-Federal entities on DoD
installations.
(b) The Heads of the DoD Components shall:
(1) Implement this part.
(2) Be aware of all non-Federal entities operating under their
jurisdiction.
(3) Conduct reviews to ensure installation commanders periodically
review facilities, programs, and services provided by non-Federal
entities operating on DoD installations. Also, installation commanders
will review membership provisions and the original purpose for which
each organization was originally approved. Substantial changes to those
original conditions shall necessitate further review, documentation,
and approval for continued permission to operate on the installation.
Sec. 212.6 Procedures.
(a) To prevent the appearance of official sanction or support by
the Department of Defense:
(1) Non-Federal entities may not use the seals, logos, or insignia
of the Department of Defense or any DoD Component, DoD organizational
unit, or DoD installation on organization letterhead, correspondence,
titles, or in association with organization programs, locations, or
activities.
(2) Non-Federal entities operating on DoD installations may use the
name or abbreviation of the Department of Defense, a DoD Component,
organizational unit, or installation in its name provided that its
status as a non-Federal entity is apparent and unambiguous and there is
no appearance of official sanction or support by the Department of
Defense. The following applies:
(i) The non-Federal entity must have approval from the head of the
appropriate DoD organization before using the name or abbreviation.
(ii) Any use of the name or abbreviation of a DoD Component,
organizational unit, or installation must not mislead members of the
public to assume a non-Federal entity is an organizational unit of the
Department of Defense.
(iii) A non-Federal entity must prominently display the following
[[Page 56023]]
disclaimer on all print and electronic media mentioning the entity's
name confirming that the entity is not a part of the Department of
Defense: ``THIS IS A NON-FEDERAL ENTITY. IT IS NOT A PART OF THE
DEPARTMENT OF DEFENSE OR ANY OF ITS COMPONENTS AND IT HAS NO
GOVERNMENTAL STATUS.'' This disclaimer must also be provided in
appropriate oral communications and public announcements when the name
of the entity is used.
(b) Activities of non-Federal entities covered by this Instruction
shall not in any way prejudice or discredit the DoD Components or other
Federal Government Agencies.
(c) Installation commanders shall approve written agreements that
indicate permission to operate on the installation and any logistical
support that will be provided. DoD personnel acting in an official
capacity will not execute any charter that will serve as the legal
basis for the non-Federal entity. The nature, function, and objectives
of a non-Federal entity covered by this Instruction shall be delineated
in a written constitution, by-laws, charter, articles of agreement, or
other authorization documents before receiving approval from the
installation commander to operate on the installation. That
documentation shall also include:
(1) Description of eligible membership in the non-Federal entity.
(i) No person because of race, color, creed, sex, age, disability,
or national origin shall be unlawfully denied membership, unlawfully
excluded from participation, or otherwise subjected to unlawful
discrimination by any non-Federal entity or other private organization
covered by this part.
(ii) Installation commanders will distribute information on
procedures for individuals to follow when they suspect unlawful
discrimination by the organization.
(2) Designation of management responsibilities, including the
accountability for assets, satisfaction of liabilities, disposition of
any residual assets on dissolution, and other documentation that shows
responsible financial management.
(3) A certification indicating that members understand they are
personally liable if the assets of the non-Federal entity are
insufficient to discharge all liabilities.
(4) Guidance relating to professional scouting organizations
operating at U.S. military installations located overseas can be found
in DoD Instruction 1015.9.\4\
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\4\ See footnote 1 to Sec. 212.2(b)(2).
---------------------------------------------------------------------------
(i) In accordance with DoD 5500.7-R, DoD personnel acting in an
official capacity shall not execute charters that serve as the legal
basis for the creation of Boy Scouts organizations (including Boy
Scouts, Cub Scout Packs, or Venturer Crews).
(ii) While such chartering is not allowed, nothing in this part is
intended to preclude DoD support to Boy Scouts authorized by other DoD
Instructions, to preclude Boy Scouts activities on DoD installations,
or to preclude DoD personnel in their personal capacity from sponsoring
Boy Scouts organizations. Existing charters executed by DoD personnel
in their official capacity shall be terminated, or amended to
substitute sponsorship by an appropriate individual, volunteer, groups
or organization, consistent with DoD policy.\5\
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\5\ Paragraph mandated by ``Partial Settlement Agreement Between
Plaintiffs and Secretary Rumsfield'', United States District Court
for the Northern District of Illinois, Eastern Division, No. 1999 CV
02424 (Eugene Winkler, et al., v. Chicago School Reform Board of
Trustees, et al.)
---------------------------------------------------------------------------
(d) A non-Federal entity covered by this part shall not offer
programs or services on DoD installations that compete with
appropriated or NAF activities, but may, when specifically authorized,
supplement those activities.
(1) Installation commanders, or higher authorities, will determine
if the services of a non-Federal entity conflict with or detract from
local DoD programs. The cognizant commander has discretionary authority
over the operations of non-Federal entities on DoD installations.
Commanders are authorized to eliminate duplication of services,
particularly when these services compete with the installation's
revenue-generating activities.
(2) Background checks are required for employees and volunteers of
non-Federal entities who have contact with children under the age of 18
in DoD operated, contracted, or community-based programs, which are
used to supplement or expand child care or youth services, according to
DoD Instruction 1402.5.\6\
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\6\ See footnote 1 to Sec. 212.2(b)(2).
---------------------------------------------------------------------------
(e) Non-Federal entities covered by this part shall be self-
sustaining, primarily through dues, contributions, service charges,
fees, or special assessment of members. There shall be no financial
assistance to such an entity from a NAF Instrumentality (NAFI) in the
form of contributions, repairs, services, dividends, or other donations
of money or other assets. Fundraising and membership drives are
governed by DoD 5500.7-R.
(f) Non-Federal entities are not entitled to DoD support. However,
support may be provided when it is consistent with the military mission
of the DoD Component concerned. Such support may be provided only when
it can be offered within the capability of the installation commander
without detriment to the commander's ability to fulfill the military
mission and when it is permitted under applicable Status of Forces
Agreements. The DoD Components may provide logistical support to non-
Federal entities with appropriated funds according to DoD 5500.7-R and
applicable law. NAFI funds or assets shall not be directly or
indirectly transferred to non-Federal entities according to DoD
Instruction 1015.14 \7\ (Reference (h)).
---------------------------------------------------------------------------
\7\ See footnote 1 to Sec. 212.2(b)(1).
---------------------------------------------------------------------------
(g) Personal and professional participation in non-Federal entities
by DoD employees is governed by DoD 5500.7-R. DoD personnel acting in
an official capacity will not execute charters that serve as the legal
basis for any non-Federal entity or other private organization.
(h) Neither appropriated fund activities nor NAFIs may assert any
claim to the assets, or incur or assume any obligation, of any non-
Federal entity covered by this Instruction, except as may arise out of
contractual relationships. Property shall not be abandoned on the
installation by a non-Federal entity and may only be acquired by the
DoD installation by purchase or through donation.
(i) The non-Federal entity shall have adequate insurance, as
defined by the DoD Component concerned, to protect against liability
and property damage claims or other legal actions that may arise due to
its activities, its acting members, or the operation of its equipment
or devices. The DoD Components will not assume liability (through
insurance or other means) for any activities or assets of non-Federal
entities.
(j) Non-Federal entities shall comply with applicable fire and
safety regulations, environmental laws, local, State, and Federal tax
codes; and any other applicable statutes or regulations.
(k) Income shall not accrue to individual members of a non-Federal
entity except through wages and salaries as employees of the non-
Federal entity or as award recognition for services rendered to the
non-Federal entity or military community. This prohibition is not meant
to preclude operation of investment clubs, in which the
[[Page 56024]]
investment of members' personal funds result in a return on investment
directly and solely to the individual members.
(l) Employees of non-Federal entities are not employees of the
United States or of an instrumentality of the United States. Applicable
laws on labor standards for employment shall be observed, including
worker's compensation insurance. Employees of non-Federal entities
shall not participate in NAF employee benefit programs based upon their
affiliation with the non-Federal entity.
(m) Non-Federal entities that have statutory authorization for
particular support are listed at Appendix A to this part.
(n) Certain unofficial activities conducted on DoD installations do
not need formal authorization because of the limited scope of their
activities. Examples are office coffee funds, flower funds, and similar
small, informal activities and funds. The DoD Components shall
establish the basis upon which such informal activities and funds shall
operate.
Appendix A to Part 212--Non-Federal Entities Having Statutory
Authorization for Particular Support
Many non-Federal entities have statutory and/or Department
authorization for particular support. Most are listed as follows:
------------------------------------------------------------------------
Non-federal entity Authority
------------------------------------------------------------------------
Certain banks and credit unions........ 12 United States Code (U.S.C.)
1770.
United Service Organizations........... 36 U.S.C. 220101.
Memorandum of Understanding
(MOU).
Labor organizations.................... 5 U.S.C. Chapter 71.
DoD 1400.25-M, \8\ subchapter
711.
Combined Federal Campaign.............. E.O. 12353.
5 CFR 950.
DoD Directive 5035.1.\9\
DoD Instruction 5035.5.\10\
American Registry of Pathology......... 10 U.S.C. 177.
Henry M. Jackson Foundation for the 10 U.S.C. 178.
Advancement of Military Medicine.
American National Red Cross............ 10 U.S.C. 2552.
10 U.S.C. 2602.
Secretary of the Army
Memorandum.
MOU.
Boy Scouts Jamborees \11\.............. 10 U.S.C. 2554.
Girl Scouts International Events 10 U.S.C. 2555.
(Transportation).
DoD Instruction 1015.14.
Shelter for Homeless................... 10 U.S.C. 2556.
National Military Associations; 10 U.S.C. 2558.
Assistance at National Conventions.
DoD Directive 5410.18.\12\
DoD Instruction 5410.19.\13\
National Veterans' Organizations (Beds 10 U.S.C. 2551.
and Barracks).
United Seamen's Service Organization... 10 U.S.C. 2604.
MOU.
Scouting: Cooperation and Assistance in 10 U.S.C. 2606.
Foreign Areas.
DoD Instruction 1015.14.
Civil Air Patrol....................... 10 U.S.C. 9441.
10 U.S.C. 9442.
36 U.S.C. 40301.
Assistance for certain youth and 32 U.S.C. 508.
charitable organizations.
DoD Directive 1100.20.
Presidential Inaugural Ceremonies...... 10 U.S.C. 2553
Specified Sporting Events (Olympics)... 10 U.S.C. 2564.
DoD Directive 2000.15.\14\
Fire Protection Agreements............. 42 U.S.C. 1856.
Armed Services Young Men's Christian 10 U.S.C. 2012.
Association.
10 U.S.C. 4744.
32 U.S.C. 508.
MOU.
The Military Department of each State 32 U.S.C. 101
and territory.
------------------------------------------------------------------------
\8\ See footnote 1 to Sec. 212.2(b)(2).
\9\ See footnote 1 to Sec. 212.2(b)(2).
\10\ See footnote 1 to Sec. 212.2(b)(2).
\11\ A Federal district judge has ruled that support to the Boy Scouts
under 10 U.S.C. Sec. 2554 is unconstitutional, and has enjoined DoD
from providing future support under that statute. DoD has appealed
that order. Unless the order is overturned on appeal, DoD cannot
provide any support to the Boy Scouts using this statute. Contact your
local legal office for further guidance.
\12\ See footnote 1 to Sec. 212.2(b)(2).
\13\ See footnote 1 to Sec. 212.2(b)(2).
\14\ See footnote 1 to Sec. 212.2(b)(2).
[[Page 56025]]
September 26, 2007.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, DoD.
[FR Doc. E7-19446 Filed 10-1-07; 8:45 am]
BILLING CODE 5001-06-P
