Support for Non-Federal Entities Authorized To Operate on DoD Installations, 56011-56013 [E7-19449]
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Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Rules and Regulations
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India bilateral collaboration in hightechnology trade.
Authorization VEU is intended to
further streamline U.S.-India trade in
dual-use technologies. It will authorize
the export, reexport and transfer of
certain controlled U.S. technology
without a license to end-users engaged
in civilian end-uses in India who have
demonstrated their ability to use
sensitive items responsibly. As India
continues to demonstrate its
commitment to harmonize its export
controls with those of the major
multilateral control regimes, BIS
anticipates that more end-users and
items will be approved for
Authorization VEU.
This final rule amends paragraph (b)
of section 748.15 of the EAR to add
India as an eligible destination for
exports, reexports and transfers of dualuse items under Authorization VEU.
Since August 21, 2001, the Export
Administration Act has been in lapse
and the President, through Executive
Order 13222 of August 17, 2001 (3 CFR,
2001 Comp., p. 783 (2002)), as extended
most recently by the Notice of August
15, 2007 (72 FR 46137, August 16,
2007), has continued the EAR in effect
under the International Emergency
Economic Powers Act. BIS continues to
carry out the provisions of the Act, as
appropriate and to the extent permitted
by law, pursuant to Executive Order
13222.
Rulemaking
1. This final rule has been determined
to be not significant for purposes of
Executive Order 12866.
2. Notwithstanding any other
provision of law, no person is required
to respond to nor be subject to a penalty
for failure to comply with a collection
of information, subject to the
requirements of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.) (PRA), unless that collection of
information displays a currently valid
Office of Management and Budget
(OMB) Control Number. This regulation
involves collections previously
approved by the OMB under control
number 0694–0088, ‘‘Multi-Purpose
Application’’, which carries a burden
hour estimate of 58 minutes to prepare
and submit form BIS–748; and for
recordkeeping, reporting and review
requirements in connection with
Authorization Validated End-User,
which carries an estimated burden of 30
minutes per submission. This rule is
expected to result in a decrease in
license applications submitted to BIS.
Total burden hours associated with the
Paperwork Reduction Act and Office
and Management and Budget control
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number 0694–0088 are not expected to
increase significantly as a result of this
rule.
3. This rule does not contain policies
with Federalism implications as that
term is defined under Executive Order
13132.
4. The provisions of the
Administrative Procedure Act requiring
notice of proposed rulemaking, the
opportunity for public participation,
and a delay in effective date, are
inapplicable because this regulation
involves a military and foreign affairs
function of the United States (5 U.S.C.
553(a)(1)). Further, no other law
requires that a notice of proposed
rulemaking and an opportunity for
public comment be given for this final
rule. Because a notice of proposed
rulemaking and an opportunity for
public comment are not required to be
given for this rule under the
Administrative Procedure Act or by any
other law, the analytical requirements of
the Regulatory Flexibility Act (5 U.S.C.
601 et seq.) are not applicable.
Therefore, this regulation is issued in
final form. Although there is not formal
comment period, public comments on
this regulation are welcome on a
continuing basis. Comments should be
submitted to Sheila Quarterman,
Regulatory Policy Division, Bureau of
Industry and Security, Department of
Commerce, P.O. Box 273, Washington,
DC 20044.
List of Subjects in 15 CFR Part 748
Administrative practice and
procedure, Exports, Reporting and
recordkeeping requirements.
Accordingly, part 748 of the Export
Administration Regulations (15 CFR
Parts 730–799) is amended as follows:
I
PART 748—[AMENDED]
1. The authority citation for 15 CFR
Part 748 continues to read as follows:
I
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767,
3 CFR, 1996 Comp., p. 228; E.O. 13222, 66
FR 44025, 3 CFR, 2001 Comp., p. 783; Notice
of August 3, 2006, 71 FR 44551 (August 7,
2006); Notice of August 15, 2007, 72 FR
46137 (August 16, 2007).
2. Section 748.15 is amended by
adding paragraph (b)(2) to read as
follows:
I
§ 748.15
(VEU).
Authorization Validated End-User
*
*
*
(b) * * *
(2) India.
*
*
*
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*
*
*
*
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56011
Dated: September 25, 2007.
Christopher A. Padilla,
Assistant Secretary for Export
Administration.
[FR Doc. E7–19359 Filed 10–1–07; 8:45 am]
BILLING CODE 3510–33–P
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
Department of Defense.
Final rule.
AGENCY:
ACTION:
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. It designates the Secretary
of the 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: Effective Date: This rule is
effective November 1, 2007.
FOR FURTHER INFORMATION CONTACT: Pam
Crespi, 703–602–5004.
SUPPLEMENTARY INFORMATION: On April
18, 2007 (72 FR 19411) the Department
of Defense published a proposed rule for
public comment. No comments were
received.
Executive Order 12866, ‘‘Regulatory
Planning and Review’’
This 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;
E:\FR\FM\02OCR1.SGM
02OCR1
56012
Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Rules and Regulations
(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 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 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.
Executive Order 13132, ‘‘Federalism’’
The 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.
I Accordingly, 32 CFR part 213 is
added to read as follows:
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PART 213—SUPPORT FOR NONFEDERAL ENTITIES AUTHORIZED TO
OPERATE ON DOD INSTALLATIONS
Purpose.
Applicability and scope.
Definition.
Policy.
Responsibilities.
Authority: 10 U.S.C. 2554 and 2606.
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15:26 Oct 01, 2007
Jkt 214001
Purpose.
(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.
(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.
1000.11 3 or the Civil Air Patrol
according to 10 U.S.C. 2554, 2606 and
9441.
§ 213.3
Definition.
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
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.
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
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 4. 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
1 Copies may be obtained at https://www.dtic.mil/
whs/directives/.
2 Copies may be obtained at https://www.dtic.mil/
whs/directives/.
Public Law 96–511, ‘‘Paperwork
Reduction Act’’ (44 U.S.C. Chapter 35)
The regulatory action does impose
reporting or recordkeeping requirements
under the Paperwork Reduction Act of
1995.
Sec.
213.1
213.2
213.3
213.4
213.5
§ 213.1
3 Copies may be obtained at https://www.dtic.mil/
whs/directives/.
4 Copies may be obtained at https://www.dtic.mil/
whs/directives/.
§ 213.2
PO 00000
Applicability and scope.
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Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Rules and Regulations
privileges given to Federal entities and
instrumentalities.
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§ 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
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 and
2606. 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 and 2606, 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 5 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
and 2606, DoD Instruction 1330.13 6,
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.
5 Copies may be obtained at https://www.dtic.mil/
whs/directives/.
6 Copies may be obtained at https://www.dtic.mil/
whs/directives/.
VerDate Aug<31>2005
15:26 Oct 01, 2007
Jkt 214001
(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.
Dated: September 26, 2007.
L.M. Bynum,
Alternate OSD Federal Register Liaison
Officer, DoD.
[FR Doc. E7–19449 Filed 10–1–07; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[CGD05–07–095]
Drawbridge Operation Regulations;
Atlantic Intracoastal Waterway (AIWW),
at Scotts Hill, NC
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
ACTION:
SUMMARY: The Commander, Fifth Coast
Guard District, has approved a
temporary deviation from the
regulations governing the operation of
the Figure Eight Swing Bridge, at AIWW
mile 278.1, at Scotts Hill, NC. Beginning
November 1, 2007, until January 31,
2008, this deviation allows the
drawbridge to remain closed-tonavigation each day from 6:30 p.m. to 6
a.m., from 9 a.m. to 11 a.m., and from
1 p.m. to 4 p.m., to facilitate
sandblasting and painting operations. In
addition, commercial vessel openings
will be provided at night if at least three
hours notice is given by calling (910)
686–0635 or via marine radio on
Channel 13.
DATES: This deviation is effective from
6:30 p.m. on November 1, 2007 to 6 a.m.
on January 31, 2008.
ADDRESSES: Materials referred to in this
document are available for inspection or
copying at Commander (dpb), Fifth
Coast Guard District, Federal Building,
1st Floor, 431 Crawford Street,
Portsmouth, VA 23704–5004 between 8
a.m. and 4 p.m., Monday through
Friday, except Federal holidays. The
telephone number is (757) 398–6222.
PO 00000
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56013
Commander (dpb), Fifth Coast Guard
District maintains the public docket for
this temporary deviation.
Gary
S. Heyer, Bridge Management Specialist,
Fifth Coast Guard District, at (757) 398–
6629.
FOR FURTHER INFORMATION CONTACT:
The
Figure Eight Swing Bridge has a vertical
clearance in the closed position to
vessels of 20 feet, above mean high
water (MHW). Also, the vertical
clearance in this location is limited to
85 feet, above MHW, by the overhead
power line.
The Figure Eight Homeowners
Association (the bridge owner) has
requested a temporary deviation from
the current operating regulations set out
in 33 CFR 117.821(a)(3) to close the
drawbridge to navigation to facilitate
sandblasting, cleaning and painting of
the bridge superstructure.
To facilitate this operation, the Figure
Eight Swing Bridge will be maintained
in the closed-to-navigation position
each day beginning November 1, 2007,
until January 31, 2008, from 6:30 p.m.
to 6 a.m., from 9 a.m. to 11 a.m., and
from 1 p.m. to 4 p.m. In addition,
commercial vessel openings will be
provided at night if at least three hours
notice is given by calling (910) 686–
0635 or via marine radio on Channel 13.
At all other times, the drawbridge will
operate in accordance with 33 CFR
117.821(a)(3). In accordance with 33
CFR 117.35(e), the drawbridge must
return to its regular operating schedule
immediately at the end of the
designated time period. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
We have analyzed this temporary
deviation under Commandant
Instruction M16475.lD and Department
of Homeland Security Management
Directive 5100.1, which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f). The
environmental impact that this
temporary deviation will have is
minimal because of the drawbridge
being closed to vessels to perform
routine repair and maintenance will not
result in a change in functional use, or
an impact on a historically significant
element or setting.
SUPPLEMENTARY INFORMATION:
Dated: September 21, 2007.
Waverly W. Gregory, Jr.,
Chief, Bridge Administration Branch, Fifth
Coast Guard District.
[FR Doc. E7–19414 Filed 10–1–07; 8:45 am]
BILLING CODE 4910–15–P
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02OCR1
]]>Agencies
[Federal Register Volume 72, Number 190 (Tuesday, October 2, 2007)]
[Rules and Regulations]
[Pages 56011-56013]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19449]
=======================================================================
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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: Final rule.
-----------------------------------------------------------------------
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. It designates the
Secretary of the 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: Effective Date: This rule is effective November 1, 2007.
FOR FURTHER INFORMATION CONTACT: Pam Crespi, 703-602-5004.
SUPPLEMENTARY INFORMATION: On April 18, 2007 (72 FR 19411) the
Department of Defense published a proposed rule for public comment. No
comments were received.
Executive Order 12866, ``Regulatory Planning and Review''
This 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;
[[Page 56012]]
(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 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 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 regulatory action does impose reporting or recordkeeping
requirements under the Paperwork Reduction Act of 1995.
Executive Order 13132, ``Federalism''
The 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.
0
Accordingly, 32 CFR part 213 is 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.
(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.
---------------------------------------------------------------------------
\1\ Copies may be obtained at https://www.dtic.mil/whs/
directives/.
---------------------------------------------------------------------------
(c) Designates the Secretary of the Army as the DoD Executive Agent
(DoD EA) according to DoD Directive 5101.1: \2\
---------------------------------------------------------------------------
\2\ Copies may be obtained at https://www.dtic.mil/whs/
directives/.
---------------------------------------------------------------------------
(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.
(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 \3\ or the Civil Air Patrol according to 10 U.S.C.
2554, 2606 and 9441.
---------------------------------------------------------------------------
\3\ Copies may be obtained at https://www.dtic.mil/whs/
directives/.
---------------------------------------------------------------------------
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 \4\. 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.
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\4\ 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
[[Page 56013]]
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 and 2606. 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 and 2606, 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 \5\ and this part.
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\5\ 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 and 2606, DoD Instruction 1330.13
\6\, and this part to include the following:
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\6\ 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.
Dated: September 26, 2007.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, DoD.
[FR Doc. E7-19449 Filed 10-1-07; 8:45 am]
BILLING CODE 5001-06-P
