2246 Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Rules and Regulations 

Regulatory Flexibility Certification 

Under the Regulatory Flexibility Act 

of 1980 (5 U.S.C. 605(b)), the NRC 

certifies that this rule will not, if issued, 

have a significant economic impact on 

a substantial number of small entities. 

This direct final rule affects only 

nuclear power plant licensees and TN. 

These entities do not fall within the 

scope of the definition of ‘‘small 

entities’’ set forth in the Regulatory 

Flexibility Act or the size standards 

established by the NRC (10 CFR 2.810). 

Backfit Analysis 

The NRC has determined that the 

backfit rule (10 CFR 72.62) does not 

apply to this direct final rule because 

this amendment does not involve any 

provisions that would impose backfits 

as defined in 10 CFR Chapter 1. 

Therefore, a backfit analysis is not 

required. 

Congressional Review Act 

Under the Congressional Review Act 

of 1996, the NRC has determined that 

this action is not a major rule and has 

verified this determination with the 

Office of Information and Regulatory 

Affairs, OMB. 

List of Subjects in 10 CFR Part 72 

Administrative practice and 

procedure, Hazardous waste, Nuclear 

materials, Occupational safety and 

health, Radiation protection, Reporting 

and recordkeeping requirements, 

Security measures, Spent fuel, 

Whistleblowing. 

For the reasons set out in the 

preamble and under the authority of the 

Atomic Energy Act of 1954, as amended; 

the Energy Reorganization Act of 1974, 

as amended; the Nuclear Waste Policy 

Act of 1982, as amended; and 5 U.S.C. 

552 and 553; the NRC is adopting the 

following amendments to 10 CFR Part 

72. 

PART 72—LICENSING 

REQUIREMENTS FOR THE 

INDEPENDENT STORAGE OF SPENT 

NUCLEAR FUEL, HIGH-LEVEL 

RADIOACTIVE WASTE, AND 

REACTOR-RELATED GREATER THAN 

CLASS C WASTE 

■ 1. The authority citation for Part 72 

continues to read as follows: 

Authority: Secs. 51, 53, 57, 62, 63, 65, 69, 

81, 161, 182, 183, 184, 186, 187, 189, 68 Stat. 

929, 930, 932, 933, 934, 935, 948, 953, 954, 

955, as amended, sec. 234, 83 Stat. 444, as 

amended (42 U.S.C. 2071, 2073, 2077, 2092, 

2093, 2095, 2099, 2111, 2201, 2232, 2233, 

2234, 2236, 2237, 2238, 2282); sec. 274, Pub. 

L. 86–373, 73 Stat. 688, as amended (42 

U.S.C. 2021); sec. 201, as amended, 202, 206, 

88 Stat. 1242, as amended, 1244, 1246 (42 

U.S.C. 5841, 5842, 5846); Pub. L. 95–601, sec. 

10, 92 Stat. 2951 as amended by Pub. L. 102– 

486, sec. 7902, 106 Stat. 3123 (42 U.S.C. 

5851); sec. 102, Pub. L. 91–190, 83 Stat. 853 

(42 U.S.C. 4332); secs. 131, 132, 133, 135, 

137, 141, Pub. L. 97–425, 96 Stat. 2229, 2230, 

2232, 2241, sec. 148, Pub. L. 100–203, 101 

Stat. 1330–235 (42 U.S.C. 10151, 10152, 

10153, 10155, 10157, 10161, 10168); sec. 

1704, 112 Stat. 2750 (44 U.S.C. 3504 note); 

sec. 651(e), Pub. L. 109–58, 119 Stat. 806–10 

(42 U.S.C. 2014, 2021, 2021b, 2111). 

Section 72.44(g) also issued under secs. 

142(b) and 148(c), (d), Pub. L. 100–203, 101 

Stat. 1330–232, 1330–236 (42 U.S.C. 

10162(b), 10168(c), (d)). Section 72.46 also 

issued under sec. 189, 68 Stat. 955 (42 U.S.C. 

2239); sec. 134, Pub. L. 97–425, 96 Stat. 2230 

(42 U.S.C. 10154). Section 72.96(d) also 

issued under sec. 145(g), Pub. L. 100–203, 

101 Stat. 1330–235 (42 U.S.C. 10165(g)). 

Subpart J also issued under secs. 2(2), 2(15), 

2(19), 117(a), 141(h), Pub. L. 97–425, 96 Stat. 

2202, 2203, 2204, 2222, 2244 (42 U.S.C. 

10101, 10137(a), 10161(h)). Subparts K and L 

are also issued under sec. 133, 98 Stat. 2230 

(42 U.S.C. 10153) and sec. 218(a), 96 Stat. 

2252 (42 U.S.C. 10198). 

■ 2. In § 72.214, Certificate of 

Compliance 1030 is revised to read as 

follows: 

§ 72.214 List of approved spent fuel 

storage casks. 

* * * * * 

Certificate Number: 1030. 

Initial Certificate Effective Date: 

January 10, 2007. 

Amendment Number 1 Effective Date: 

March 29, 2011. 

SAR Submitted by: Transnuclear, Inc. 

SAR Title: Final Safety Analysis 

Report for the NUHOMS ® HD 

Horizontal Modular Storage System for 

Irradiated Nuclear Fuel. 

Docket Number: 72–1030. 

Certificate Expiration Date: January 

10, 2027. 

Model Number: NUHOMS ® HD– 

32PTH. 

* * * * * 

Dated at Rockville, Maryland, this 13th day 

of December 2010. 

For the Nuclear Regulatory Commission. 

R.W. Borchardt, 

Executive Director for Operations. 

[FR Doc. 2011–642 Filed 1–12–11; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 185 

[DoD–2008–OS–0085; RIN 0790–AI34] 

Defense Support of Civil Authorities 

(DSCA) 

AGENCY: Department of Defense. 

ACTION: Final rule. 

SUMMARY: This final rule establishes 

policy and assigns responsibilities for 

DSCA, supplements regulations 

regarding military support for civilian 

law enforcement, and sets forth policy 

guidance for the execution and 

oversight of DSCA when requested by 

civil authorities and approved by the 

appropriate Department of Defense 

(DoD) authority, or as directed by the 

President, within the United States, 

including the District of Columbia, the 

Commonwealth of Puerto Rico, the U.S. 

Virgin Islands, Guam, American Samoa, 

the Commonwealth of the Northern 

Mariana Islands, and any territory or 

possession of the United States or any 

political subdivision thereof. Legislative 

changes over the years have made the 

existing guidance outdated and 

inconsistent with current law and the 

current organizational structure of the 

Department of Defense. This final rule 

will facilitate civil authorities’ access to 

the support they are seeking from the 

Department by establishing updated 

policy guidance and assigning the 

correct responsibilities within the 

Department for Defense Support of Civil 

Authorities in response to requests for 

assistance for domestic emergencies, 

designated law enforcement support, 

special events, and other domestic 

activities. 

DATES: Effective Date: This rule is 

effective February 14, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Colonel Brent Feick, 703–697–5415. 

SUPPLEMENTARY INFORMATION: The 

Department of Defense published a 

proposed rule on December 4, 2008 (73 

FR 73896–73900). Eighty-four 

comments were received and are 

addressed below: 

Comment: Thirty-nine of the 84 

public comments question the 

Constitutionality of the Department of 

Defense supporting civil authorities 

domestically. Example: DOD–2008– 

0085–006 ‘‘The U.S. Constitution 

outlines the use of military force within 

our borders. We don’t need this. We 

need leaders who have respect for our 

Constitution and our Liberty.’’ 

Response: The rule has been 

thoroughly reviewed by attorneys at 

several levels of the Departments of 

Defense, Justice, and Homeland Security 

and found not to violate any provisions 

of the Constitution. The Department of 

Defense (DoD) has historically been 

requested by civil authorities to provide 

support or assistance during various 

types of man-made or natural disasters, 

support for special events such as the 

National Political Conventions, the 


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Group of Eight Summit, the 

Inauguration, the Olympics, the Special 

Olympics, the United Nations General 

Assembly, and even support to law 

enforcement to help quell civil 

disobedience and restore public order, 

such as the Los Angeles Riots in 1992. 

Each of these support missions is 

conducted consistent with the 

Constitution, applicable law, and 

National policy. This rule sets forth DoD 

policy guidance for the execution and 

oversight of Defense Support of Civil 

Authorities when support or assistance 

is requested by civil authorities. The 

rule, by itself, provides no new, 

separate, or independent authority to 

the President, the Secretary of Defense, 

or anyone else in the Department of 

Defense. 

Comment: Sixteen of the 84 public 

comments asserted that the rule was in 

violation of the Posse Comitatus Act 

(Title 18, United States Code, Section 

1385). Example: DOD–2008–0085–010 

‘‘The Defense Support of Civil 

Authorities Plan is a violation of Posse 

Comitatus and will sink this once great 

country to the level of a third world 

dictatorship. The DOD should be 

fighting for individual freedom in the 

US, not helping to extinguish it.’’ 

Response: The rule has been 

thoroughly reviewed by attorneys at 

several levels of the Departments of 

Defense, Justice, and Homeland Security 

and found not to violate any current 

law, including the Posse Comitatus Act. 

Comment: Eight of the 84 public 

comments asserted that the rule was 

inconsistent with the Second 

Amendment to the Constitution. 

Example: DOD–2008–0085–054 ‘‘This 

proposed regulation is an 

unconstitutional infringement on 

Second Amendment rights. It also gives 

excessive power to the U.S. Military to 

serve as an internal police force.’’ 

Response: The rule has been 

thoroughly reviewed by attorneys at 

several levels of the Departments of 

Defense, Justice, and Homeland Security 

and found not to violate any provisions 

of the Constitution, including the 

Second Amendment. There is no 

attempt to usurp civilian authority or 

use the military as an internal police 

force. The rule sets forth policy 

guidance for the execution and 

oversight of defense support of civilian 

authorities when requested by civil 

authorities. 

Comment: Seven of the 84 public 

comments asserted that National Guard 

forces were sufficient to fill this support 

or assistance role under the direction of 

respective Governors. Example: DOD– 

2008–0085–002 ‘‘There is no reason to 

involve the forces of the United States 

military when each state already has 

National Guard units which can fill this 

role and are under the direction of the 

Governor. I’m a big supporter of a strong 

US military for the protection of our 

country from outside threats. This 

redundancy is not only unwarranted, it 

runs against the principles of our 

founding fathers.’’ 

Response: The National Guard, when 

in Federal service or funded by the 

Department of Defense and in 

coordination with the Governors, is a 

vital component of Defense Support of 

Civil Authorities. In the Department of 

Defense’s Strategy for Homeland 

Defense and Civil Support, there is a 

focused reliance on the Reserve 

Components to support and assist civil 

authorities. Individual state National 

Guard units are more capable and better 

equipped and resourced than during 

any time in their history. But each state 

National Guard cannot be manned, 

equipped, trained, and resourced to 

meet the needs of every conceivable 

contingency operation. Most states are 

part of Regional or National Emergency 

Management Assistance Compacts, 

which permit the Governor of one state 

to commit that state’s resources to 

support another state. This process 

works very well during localized 

emergencies or disasters, but mutual aid 

support between states is not as efficient 

during special events or incidents other 

than localized major disasters and 

emergencies. In the event of multiple, 

near simultaneous, geographically 

dispersed terrorist attacks in the United 

States, or the rapid spread of a 

pandemic, it is unknown if Governors 

would release their National Guard 

capabilities to support another state or 

a Federal Agency if there is a chance 

that resources would be needed in their 

home states. Many emergencies, 

disasters, or events affect more than one 

state. It is not realistic to expect Federal 

Departments or Agencies to coordinate 

requests for assistance or support with 

multiple States, Commonwealths, and 

Territories. Finally, there are some 

capabilities that are available only in the 

Active Duty military force or in DoD. 

Comment: Five of the 84 public 

comments asserted that it was the 

military’s role to protect against foreign 

threats only. Example: DOD–2008– 

0085–020 ‘‘This proposal is ridiculous 

and in violation of the Constitution. If 

this is a need that must be met, use the 

funding it would require and invest it in 

civil law enforcement and emergency 

services. The military is for defending 

us from foreign aggressors.’’ 

Response: The rule has been 

thoroughly reviewed by attorneys at 

several levels of the Departments of 

Defense, Justice, and Homeland Security 

and found not to violate any provisions 

of the Constitution. Additionally, a 

number of statutes provide specific 

authority for DSCA. This rule sets forth 

DoD policy guidance for the execution 

and oversight of defense support of civil 

authorities. There are no provisions for 

the DoD components to take over what 

is inherently a civilian responsibility, 

but rather provisions for providing 

support or assistance when requested. 

Comment: Five of the 84 public 

comments asserted that the proposed 

rule was too broad and gave the military 

or the President too much power. 

Example: DOD–2008–OS–0085–0036 ‘‘I 

am opposed to this government 

regulation ‘Defense Support of Civil 

Authorities’. It gives power to the 

military to assume civilian law 

enforcement at the behest of the 

president with no restriction on this 

power. This is unconstitutional! This 

document is too broad and clearly states 

that the military can intervene at the 

request of civil authorities OR by 

presidential executive order. This is a 

very dangerous rule to individual 

freedom!’’ 

Response: This rule sets forth DoD 

policy guidance for the execution and 

oversight of Defense Support of Civil 

Authorities when support or assistance 

is requested by civil authorities. The 

rule, by itself, provides no new, 

separate, or independent authority to 

the President, the Secretary of Defense, 

or anyone else in the Department of 

Defense. 

Comment: Four of the 84 public 

comments asserted that the rule violated 

or erodes the 10th Amendment to the 

Constitution. Example: DOD–2008–OS– 

0085–17 ‘‘There is no Constitutional 

basis for any portion of this proposed 

regulation. Leaving the deployment of 

our military within our own borders to 

assist with undefined domestic issues to 

the whims of the President is dangerous, 

adds undue stress on the office, and 

severely erodes the rights afforded to the 

states under the 10th Amendment.’’ 

Response: This rule sets forth DoD 

policy guidance for the execution and 

oversight of Defense Support of Civil 

Authorities when support or assistance 

is requested by civil authorities. The 

rule, by itself, provides no new, 

separate, or independent authority, nor 

does it violate, restrict, or erode the 

rights afforded to the states under the 

10th Amendment. This rule enables 

civil authorities (See Joint Publication 

1–02) 1 to request and receive support or 


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assistance from the Department of 

Defense. 

Comment: Three of the 84 public 

comments expressed concern over the 

inclusion of ‘‘special events’’ in the rule. 

Example: DOD–2008–OS–0085–0019 

‘‘The role of the US military is to protect 

us from foreign threats. This regulation 

is overbroad in that it would allow the 

use of the US military to suppress any 

kind of gathering. As an example, 

consider the Rainbow gatherings, 50– 

60,000 people exercising their right to 

gather on public lands. Under this 

regulation, the military could be called 

in to quash this. This regulation 

essentially guts the constitution. 

Because of clauses like ‘special events’ 

and ‘other domestic activities’ are broad, 

they could be interpreted to allow 

military intervention in any special 

event, such as concerts, parades, 

demonstrations, religious conventions, 

gun shows, political events, etc. This 

regulation establishes de facto marshal 

(military) law. Narrowing this regulation 

to state ‘in response to insurrections 

only’ would be constitutional. I am 

adamantly opposed to this rule.’’ 

Response: The rule sets forth policy 

guidance for the execution and 

oversight of defense support of civilian 

authorities when requested by civil 

authorities. In addition to providing 

capabilities to assist and support 

civilian authorities during emergencies 

or in response to major disasters, DoD 

is often asked by civilian authorities to 

provide support and assistance for 

planned special events. As noted in the 

Glossary, a special event is an 

international or domestic event, contest, 

activity, or meeting, which by its very 

nature, or by specific statutory or 

regulatory authority, may require 

security, safety, and/or other logistical 

support or assistance from the 

Department of Defense. Congress has 

granted to the Secretary of Defense the 

authority to approve DoD support and 

assistance for certain specific events 

such as the Presidential inaugural, the 

Boy Scout Jamboree, and certain 

sporting competitions. Each specific 

authorization establishes necessary 

oversight and controls. DoD support 

during other special events, such as the 

Presidential nominating conventions, 

such as the United Nations General 

Assembly, Super Bowls, and the Group 

of Eight Economic Summit, are in 

reality, DoD supporting other civil 

authorities like the United States Secret 

Service, which is authorized under 18 

U.S.C. 3056, when directed by the 

President, to plan, coordinate, and 

implement security operations at special 

events. DoD support at such events is 

generally in support of other federal 

agencies, such as the Federal Bureau of 

Investigation, as well as state and local 

entities such as the Colorado Office of 

Homeland Security, or the San Diego 

Police Department. DoD has very 

limited authority to deploy DoD 

resources in support of event organizers. 

In addition to the comments received 

above, the following has been included 

in the final rule based on internal 

comments received on the 

corresponding DoD instruction: 

Provisions regarding the ‘‘emergency 

authority’’ of responsible DoD officials 

and commanders to use military forces 

if necessary to prevent loss of life or 

wanton destruction of property or to 

restore governmental functions and 

public order under specified conditions. 

These provisions were included to bring 

this rule into consistency with the 

authorities in DoD Directives 3025.12 

and 5525.5, as well as 32 CFR part 

215.4. 

Regulatory Procedures 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ 

It has been certified that 32 CFR part 

185 does not: 

(1) Have an annual effect on 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 tribunal 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. 

Sec. 202, Public Law 104–4, ‘‘Unfunded 

Mandates Reform Act’’ 

It has been certified that 32 CFR part 

185 does not contain a Federal mandate 

that may result in the expenditure by 

State, local, and tribunal 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 32 CFR part 

185 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. 

This rule establishes policy and assigns 

responsibilities within DoD for DSCA, 

supplements regulations regarding 

military support for civilian law 

enforcement, and sets forth policy 

guidance for the execution and 

oversight of DSCA when requested by 

civil authorities and approved by the 

appropriate DoD authority, or as 

directed by the President. Therefore, it 

is not expected that small entities will 

be affected because there will be no 

economically significant regulatory 

requirements placed upon them. 

Public Law 96–511, ‘‘Paperwork 

Reduction Act’’ (44 U.S.C. Chapter 35) 

It has been certified that 32 CFR part 

185 does not impose reporting or 

recordkeeping requirements under the 

Paperwork Reduction Act of 1995. 

Executive Order 13132, ‘‘Federalism’’ 

It has been certified that 32 CFR part 

185 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 185 

Armed forces, Civil defense. 

Accordingly, the Department of 

Defense revises 32 CFR part 185 to read 

as follows: 

PART 185—DEFENSE SUPPORT OF 

CIVIL AUTHORITIES (DSCA) 

Sec. 

185.1 Purpose. 

185.2 Applicability and scope. 

185.3 Definitions. 

185.4 Policy. 

185.5 Responsibilities. 

Authority: Legal authority includes, 10 

U.S.C. sections 113, 331–335, 371–382, 2553, 

2554, 2555, and 2564; 31 U.S.C. 1535–1536 

(Economy Act); 42 U.S.C. section 5121 et seq. 

(Robert T. Stafford Disaster Relief and 

Emergency Assistance Act, as amended 

(Stafford Act)); and Public Law 94–524, as 

amended (Presidential Protection Assistance 

Act of 1976). 

§ 185.1. Purpose. 

This part: 

(a) Establishes policy and assigns 

responsibilities for DSCA, also referred 

to as civil support. 

(b) Supplements the regulations (in 

DoD Directive 5525.5) 1 required by 

section 375 of title 10, United States 


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3Available by downloading at http:// 

www.dtic.mil/whs/directives/corres/pdf/ 

200015p.pdf. 

4Available by downloading at http:// 

www.dtic.mil/whs/directives/corres/pdf/ 

302512p.pdf. 

5Available by downloading at http:// 

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510046p.pdf. 

6Available by downloading at http:// 

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100017p.pdf. 

7Available by downloading at http:// 

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524001p.pdf. 

8Available by downloading at http:// 

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524001r.pdf. 

9Available by downloading at http:// 

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541018p.pdf. 

10Available by downloading at http:// 

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541019p.pdf. 

11 Document is classified and copies maybe 

requested by contacting USD(I), USDI.pubs@osd.mil 

12Available by downloading at http:// 

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302501m.pdf. 

13Available by downloading at http:// 

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110020p.pdf. 

14Available by downloading at http:// 

www.dtic.mil/doctrine/new_pubs/jp1_02.pdf. 

Code (U.S.C.), regarding military 

support for civilian law enforcement. 

(c) Sets forth policy guidance for the 

execution and oversight of DSCA when 

requested by civil authorities or by 

qualifying entities and approved by the 

appropriate DoD official, or as directed 

by the President, within the United 

States, including the District of 

Columbia, the Commonwealth of Puerto 

Rico, the U.S. Virgin Islands, Guam, 

American Samoa, the Commonwealth of 

the Northern Mariana Islands, and any 

territory or possession of the United 

States or any political subdivision 

thereof. 

(d) Authorizes immediate response 

authority for providing DSCA, when 

requested. 

(e) Authorizes emergency authority 

for the use of military force, under dire 

situations, as described in § 185.4(i) of 

this part. 

§ 185.2. Applicability and scope. 

This part: 

(a) Applies to the Office of the 

Secretary of Defense, the Military 

Departments, the Office of the Chairman 

of the Joint Chiefs of Staff and the Joint 

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’’). 

(b) Applies to the Army National 

Guard and the Air National Guard 

(hereafter referred to collectively as the 

‘‘National Guard’’) personnel when 

under Federal command and control. 

Also applies to National Guard 

personnel when the Secretary of 

Defense determines that it is appropriate 

to employ National Guard personnel in 

title 32, U.S.C., status to fulfill a request 

for DSCA, the Secretary of Defense 

requests the concurrence of the 

Governors of the affected States, and 

those Governors concur in the 

employment of National Guard 

personnel in such a status. 

(c) Applies to all DSCA (except the 

specific forms of DSCA listed in 

paragraph (d) of this section), including 

but not limited to: 

(1) Mutual or automatic aid, also 

known as reciprocal fire protection 

agreements (see chapter 15A of title 42 

U.S.C.). 

(2) DoD fire and emergency services 

programs (see DoD Instruction 

6055.06) 2. 

(3) Support of special events in 

accordance with applicable laws and 

DoD policy (see DoD Directive 

2000.15) 3. 

(4) United States Army Corps of 

Engineers (USACE) activities as the DoD 

Coordinating and Primary Agency for 

Emergency Support Function #3, Public 

Works and Engineering, of the National 

Response Framework. 

(5) Defense support to civilian law 

enforcement agencies (see DoDD 

3025.12 4 and DoD Directive 5525.5). 

(d) Does not apply to the following: 

(1) Support in response to foreign 

disasters provided in accordance with 

DoD Directive 5100.46 5. 

(2) Joint investigations conducted by 

the Inspector General of the Department 

of Defense, the Defense Criminal 

Investigative Service, and the military 

criminal investigative organizations 

with civil law enforcement agencies on 

matters within their respective 

jurisdictions using their own forces and 

equipment. 

(3) Detail of DoD personnel to duty 

outside the Department of Defense in 

accordance with DoD Instruction 

1000.17 6. 

(4) Counternarcotics operations 

conducted under the authority of 

section 1004 of Public Law 101–510 

(1991). 

(5) Support provided by the USACE 

when accomplishing missions and 

responsibilities under the authority of 

section 701n of title 33, U.S.C. and 

Executive Order 12656. 

(6) Assistance provided by DoD 

intelligence and counterintelligence 

components in accordance with DoD 

Directive 5240.01 7, Executive Orders 

12333 and 13388, DoD 5240.1–R 8, and 

other applicable laws and regulations. 

(7) Military community relations 

programs and activities administered by 

the Assistant Secretary of Defense for 

Public Affairs (see DoD Directive 

5410.18 9 and DoD Instruction 

5410.19 10). 

(8) Sensitive support in accordance 

with DoD Directive S–5210.36 11. 

(9) Activities performed by the Civil 

Air Patrol in support of civil authorities 

or qualifying entities when approved by 

the Air Force as auxiliary missions in 

accordance with section 9442 of title 10, 

U.S.C. and DoD 3025.1–M 12 except as 

restricted by § 185.4(j) of this part. 

(10) Innovative readiness training 

(formerly called ‘‘civil-military 

cooperative action programs’’) (see DoD 

Directive 1100.20) 13. 

§ 185.3. Definitions. 

Civil Authorities. See Joint 

Publication 1–02 14. 

Civil Disturbances. See Joint 

Publication 1–02. 

Defense Domestic Crisis Manager. The 

lead DoD official responsible for DoD’s 

domestic crisis management response, 

ensuring the information needs and 

other requirements of the Secretary of 

Defense are met, and developing, 

coordinating, and overseeing the 

implementation of DoD policy for crisis 

management to ensure DoD capability to 

develop and execute options to prevent, 

mitigate, or respond to a potential or 

actual domestic crisis. The Assistant 

Secretary of Defense for Homeland 

Defense and Americas’ Security Affairs 

(ASD(HD&ASA)) serves as the Defense 

Domestic Crisis Manager. 

Defense Support of Civil Authorities 

(DSCA). Support provided by U.S. 

Federal military forces, DoD civilians, 

DoD contract personnel, DoD 

Component assets, and National Guard 

forces (when the Secretary of Defense, 

in coordination with the Governors of 

the affected States, elects and requests 

to use those forces in title 32, U.S.C., 

status) in response to requests for 

assistance from civil authorities for 

domestic emergencies, law enforcement 

support, and other domestic activities, 

or from qualifying entities for special 

events. Also known as civil support. 

Direct Liaison. An authority for 

Federal military forces to consult with, 


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coordinate with, and respond to State 

authorities (including National Guard 

units and personnel operating in Title 

32 status or in State Active Duty status) 

or Federal civilian authorities in the 

tactical-level execution of assigned 

tasks, pursuant to an order by the 

Secretary of Defense or the President to 

provide support to those authorities. 

Emergency Authority. A Federal 

military commander’s authority, in 

extraordinary emergency circumstances 

where prior authorization by the 

President is impossible and duly 

constituted local authorities are unable 

to control the situation, to engage 

temporarily in activities that are 

necessary to quell large-scale, 

unexpected civil disturbances because 

(1) such activities are necessary to 

prevent significant loss of life or wanton 

destruction of property and are 

necessary to restore governmental 

function and public order or (2) duly 

constituted Federal, State, or local 

authorities are unable or decline to 

provide adequate protection for Federal 

property or Federal governmental 

functions. 

Federal Military Forces. Army, Navy, 

Marine Corps and Air Force personnel 

(including Reserve Component 

personnel) on Federal active duty and 

National Guard personnel when under 

Federal command and control. 

Immediate Response Authority. A 

Federal military commander’s, DoD 

Component Head’s, and/or responsible 

DoD civilian official’s authority 

temporarily to employ resources under 

their control, subject to any 

supplemental direction provided by 

higher headquarters, and provide those 

resources to save lives, prevent human 

suffering, or mitigate great property 

damage in response to a request for 

assistance from a civil authority, under 

imminently serious conditions when 

time does not permit approval from a 

higher authority within the United 

States. Immediate response authority 

does not permit actions that would 

subject civilians to the use of military 

power that is regulatory, prescriptive, 

proscriptive, or compulsory. State 

immediate response is addressed in 

§ 185.4(h) of this part. 

Qualifying Entity. A nonGovernmental organization to which the 

Department of Defense may provide 

assistance for special events by virtue of 

statute, regulation, policy, or other 

approval by the Secretary of Defense or 

his or her authorized designee. 

Responsible DoD Civilian. For 

purposes of DSCA, the Head of a DoD 

Component or other DoD civilian 

official who has authority over DoD 

assets that may be used for a DSCA 

response. 

Special Event. An international or 

domestic event, contest, activity, or 

meeting, which by its very nature, or by 

specific statutory or regulatory 

authority, may warrant security, safety, 

and/or other logistical support or 

assistance from the Department of 

Defense. 

Total Force. See DoD Directive 

1200.17 15. 

§ 185.4. Policy. 

It is DoD policy that: 

(a) This part shall be implemented 

consistent with national security 

objectives and military readiness. 

(b) Unless expressly stated otherwise, 

the provisions of this part should not be 

construed to rescind any existing 

authorities of the Heads of DoD 

Components, commanders, and/or 

responsible DoD civilians to provide 

DSCA in accordance with existing laws, 

DoD issuances, and Secretary of 

Defense-approved orders. 

(c) DSCA is initiated by a request for 

DoD assistance from civil authorities or 

qualifying entities or is authorized by 

the President or Secretary of Defense. 

(d) All requests for DSCA shall be 

written, and shall include a 

commitment to reimburse the 

Department of Defense in accordance 

with the Stafford Act, Economy Act, or 

other authorities except requests for 

support for immediate response, and 

mutual or automatic aid, in accordance 

with § 185.4(g) and (m) of this part. 

Unless approval authority is otherwise 

delegated by the Secretary of Defense, 

all DSCA requests shall be submitted to 

the office of the Executive Secretary of 

the Department of Defense. For 

assistance provided according to 

§ 185.4(g) of this part, civil authorities 

shall be informed that oral requests for 

assistance in an emergency must be 

followed by a written request that 

includes an offer to reimburse the 

Department of Defense at the earliest 

available opportunity. States also must 

reimburse the United States Treasury in 

accordance with section 9701 of title 31, 

U.S.C. Support may be provided on a 

non-reimbursable basis only if required 

by law or if both authorized by law and 

approved by the appropriate DoD 

official. 

(e) All requests from civil authorities 

and qualifying entities for assistance 

shall be evaluated for: 

(1) Legality (compliance with laws). 

(2) Lethality (potential use of lethal 

force by or against DoD Forces). 

(3) Risk (safety of DoD Forces). 

(4) Cost (including the source of 

funding and the effect on the DoD 

budget). 

(5) Appropriateness (whether 

providing the requested support is in 

the interest of the Department). 

(6) Readiness (impact on the 

Department of Defense’s ability to 

perform its primary mission). 

(f) DSCA plans shall be compatible 

with the National Response Framework; 

the National Incident Management 

System; all contingency plans for 

operations in the locations listed in 

§ 185.1(c) of this part; and any other 

national plans (approved by the 

President or Secretary of Defense) or 

DoD issuances governing DSCA 

operations. DSCA planning will 

consider command and control options 

that will emphasize unity of effort, and 

authorize direct liaison if authorized by 

the Secretary of Defense. 

(g) Federal military commanders, 

Heads of DoD Components, and/or 

responsible DoD civilian officials 

(hereafter referred to collectively as 

‘‘DoD officials’’) have immediate 

response authority as described in this 

part. In response to a request for 

assistance from a civil authority, under 

imminently serious conditions and if 

time does not permit approval from 

higher authority, DoD officials may 

provide an immediate response by 

temporarily employing the resources 

under their control, subject to any 

supplemental direction provided by 

higher headquarters, to save lives, 

prevent human suffering, or mitigate 

great property damage within the 

United States. Immediate response 

authority does not permit actions that 

would subject civilians to the use of 

military power that is regulatory, 

prescriptive, proscriptive, or 

compulsory. 

(1) The DoD official directing a 

response under immediate response 

authority shall immediately notify the 

National Joint Operations and 

Intelligence Center (NJOIC), through the 

chain of command, of the details of the 

response. The NJOIC will inform 

appropriate DoD Components to 

including the geographic Combatant 

Command. 

(2) An immediate response shall end 

when the necessity giving rise to the 

response is no longer present (e.g., when 

there are sufficient resources available 

from State, local, and other Federal 

agencies to respond adequately and that 

agency or department has initiated 

response activities) or when the 

initiating DoD official or a higher 

authority directs an end to the response. 

The DoD official directing a response 


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17Available by downloading at http:// 

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18Available by downloading at http:// 

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19Available by downloading at http:// 

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under immediate response authority 

shall reassess whether there remains a 

necessity for the Department of Defense 

to respond under this authority as soon 

as practicable but, if immediate 

response activities have not yet ended, 

not later than 72 hours after the request 

of assistance was received. 

(3) Support provided under 

immediate response authority should be 

provided on a cost-reimbursable basis, 

where appropriate or legally required, 

but will not be delayed or denied based 

on the inability or unwillingness of the 

requester to make a commitment to 

reimburse the Department of Defense. 

(h) The authority of State officials is 

recognized to direct a State immediate 

response using National Guard 

personnel under State command and 

control (including personnel in a title 

32, U.S.C. (hereafter referred to as ‘‘Title 

32’’) status) in accordance with State 

law, but National Guard personnel will 

not be placed in or extended in Title 32 

status to conduct State immediate 

response activities. 

(i) Federal military commanders are 

provided emergency authority under 

this part. Federal military forces shall 

not be used to quell civil disturbances 

unless specifically authorized by the 

President in accordance with applicable 

law (e.g., chapter 15 of title 10, U.S.C.) 

or permitted under emergency 

authority, as described below (See DoD 

Directive 3025.12 16 and DoD Directive 

5525.5 17.) In these circumstances, those 

Federal military commanders have the 

authority, in extraordinary emergency 

circumstances where prior authorization 

by the President is impossible and duly 

constituted local authorities are unable 

to control the situation, to engage 

temporarily in activities that are 

necessary to quell large-scale, 

unexpected civil disturbances because: 

(1) Such activities are necessary to 

prevent significant loss of life or wanton 

destruction of property and are 

necessary to restore governmental 

function and public order, or, 

(2) When duly constituted Federal, 

State, or local authorities are unable or 

decline to provide adequate protection 

for Federal property or Federal 

governmental functions. Federal action, 

including the use of Federal military 

forces, is authorized when necessary to 

protect the Federal property or 

functions. 

(j) Except for immediate response and 

emergency authority as described in 

§ 185.4(g) and § 185.4(i) of this part, 

only the Secretary of Defense may 

approve requests from civil authorities 

or qualifying entities for Federal 

military support for: 

(1) Defense assistance in responding 

to civil disturbances (requires 

Presidential authorization) in 

accordance with DoD Directive 3025.12. 

(2) Defense response to CBRNE events 

(see DoD Instruction 2000.18) 18. 

(3) Defense assistance to civilian law 

enforcement organizations, except as 

authorized in DoD Directive 5525.5. 

(4) Assistance in responding with 

assets with potential for lethality. This 

support includes loans of arms; vessels 

or aircraft; or ammunition. It also 

includes assistance under section 382 of 

title 10, U.S.C., and section 831 of title 

18, U.S.C.; all support to 

counterterrorism operations; and all 

support to civilian law enforcement 

authorities in situations where a 

confrontation between civilian law 

enforcement and civilian individuals or 

groups is reasonably anticipated. 

(k) Federal military forces employed 

for DSCA activities shall remain under 

Federal military command and control 

at all times. 

(l) Special event support to a 

qualifying entity shall be treated as 

DSCA. 

(m) All requests for DSCA mutual and 

automatic aid via the DoD Fire & 

Emergency Services programs shall be 

in accordance with DoD Instruction 

6055.06. 

(n) DSCA is a total force mission (see 

DoD Directive 1200.17). 

(o) No DoD unmanned aircraft 

systems (UAS) will be used for DSCA 

operations, including support to 

Federal, State, local, and tribal 

government organizations, unless 

expressly approved by the Secretary of 

Defense. Use of armed UAS for DSCA 

operations is not authorized. (See DoD 

Directive 5240.01, Executive Orders 

12333 and 13388, and DoD 5240.1–R.) 

(p) Direct liaison between DoD 

Components and the States should 

occur only when time does not permit 

compliance with § 185.5(m)(1) of this 

part. In each such instance, the Chief, 

National Guard Bureau, will be 

informed of the direct liaison. 

§ 185.5 Responsibilities. 

(a) The Under Secretary of Defense for 

Policy (USD(P)) shall: 

(1) Coordinate DSCA policy with 

other Federal departments and agencies, 

State agencies, and the DoD 

Components, as appropriate. 

(2) Establish DoD policy governing 

DSCA. 

(b) The Assistant Secretary of Defense 

for Homeland Defense and Americas’ 

Security Affairs (ASD(HD&ASA)), under 

the authority, direction, and control of 

the USD(P) shall: 

(1) Serve as the principal civilian 

advisor to the Secretary of Defense and 

the USD(P) for DSCA. 

(2) Serve as the Defense Domestic 

Crisis Manager. 

(3) As delegated by the Secretary of 

Defense in accordance with DoD 

Directive 5111.13 19, serve as approval 

authority for requests for assistance 

from civil authorities or qualifying 

entities sent to the Secretary of Defense, 

except for those items retained in 

§ 185.4(j) and (o) of this part, or 

delegated to other officials. This 

authority may not be delegated further 

than the Principal Deputy Assistant 

Secretary of Defense for Homeland 

Defense and Americas’ Security Affairs. 

When carrying out this authority, the 

ASD(HD&ASA) shall: 

(i) Coordinate requests with the 

Chairman of the Joint Chiefs of Staff, the 

Commanders of the Combatant 

Commands with DSCA responsibilities 

in the matter, and Military Department 

Secretaries and other DoD officials as 

appropriate. 

(ii) Immediately notify the Secretary 

of Defense of the use of this authority. 

(4) Develop, coordinate, and oversee 

the implementation of DoD policy for 

DSCA plans and activities, including: 

(i) Requests for assistance during 

domestic crises, emergencies, or civil 

disturbances. 

(ii) Domestic consequence 

management. 

(iii) Coordination or consultation, as 

appropriate, with the Department of 

Homeland Security and other Federal 

agencies on the development and 

validation of DSCA requirements. 

(iv) DoD support for national special 

security events. 

(v) DoD support for national and 

international sporting events, in 

accordance with section 2564 of title 10, 

U.S.C. 

(vi) Direct the fullest appropriate 

dissemination of information relating to 

all aspects of DSCA, using all approved 

media and in accordance with DoD 

Directive 8320.02 20. 

(5) Exercise staff cognizance over DoD 

Directive 5525.5. 

(c) The Assistant Secretary of Defense 

for Special Operations and Low 


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Intensity Conflict and Interdependent 

Capabilities, under the authority, 

direction, and control of the USD(P), 

shall support planning by the Defense 

Domestic Crisis Manager during DSCA 

operations, as required. 

(d) The Under Secretary of Defense 

(Comptroller)/Chief Financial Officer 

shall: 

(1) Establish policies and procedures 

to ensure timely reimbursement to the 

Department of Defense for reimbursable 

DSCA activities. 

(2) Assist in management of statutory 

resources for DSCA in support of 

appropriate international and domestic 

sporting events. 

(e) The Under Secretary of Defense for 

Personnel and Readiness (USD(P&R)) 

shall identify, monitor, and oversee the 

development of integrated DSCA 

training capabilities and the integration 

of these training capabilities into 

exercises and training to build, sustain, 

and assess DSCA readiness in 

accordance with DoD Directive 

1322.18 21. 

(f) The Assistant Secretary of Defense 

for Health Affairs (ASD(HA)), under the 

authority, direction, and control of the 

USD(P&R), as the principal advisor to 

the Secretary of Defense for all DoD 

health policy shall: 

(1) Provide guidance and support for 

all domestic crisis situations or 

emergencies that require health or 

medical-related DSCA to 

ASD(HD&ASA). 

(2) Exercise authority in accordance 

with section 300hh–11 of title 42, 

U.S.C., and according to DoD Directive 

6010.22 22, for participation in the 

National Disaster Medical System. 

(g) The Assistant Secretary of Defense 

for Reserve Affairs, under the authority, 

direction, and control of USD(P&R), 

shall provide recommendations, 

guidance, and support on the use of the 

Reserve Components to perform DSCA 

missions to ASD(HD&ASA). 

(h) The Under Secretary of Defense for 

Acquisition, Technology, and Logistics 

(USD(AT&L)) shall establish policies 

and procedures, in coordination with 

ASD(HD&ASA), to implement DSCA 

requirements for DoD Fire and 

Emergency Services programs and 

mutual or automatic aid that may be 

part of that program. 

(i) The Heads of the DoD Components 

shall: 

(1) Direct that any DSCA-related DoD 

issuances, concept plans, interagency 

agreements, and memorandums of 

understanding or agreement with 

external agencies are in full compliance 

with this part. 

(2) Direct Component compliance 

with financial management guidance 

related to support provided for DSCA 

operations, including guidance related 

to tracking costs and seeking 

reimbursement. 

(3) When approved by the Secretary of 

Defense, plan, program, and budget for 

DSCA capabilities in accordance with 

law, policy, and assigned missions. 

(j) The Secretaries of the Military 

Departments in addition to the 

responsibilities in § 185.5(i) of this part, 

shall: 

(1) Establish the necessary policies 

and procedures to ensure the 

appropriate personnel are trained to 

execute DSCA plans as directed by the 

Secretary of Defense. 

(2) Direct that requests for 

reimbursement of actual DSCA 

expenditures (performance of work or 

services, payments to contractors, or 

delivery from inventory) begin within 

30 calendar days after the month in 

which performance occurred. Final 

billing invoices shall be submitted to 

supported departments and agencies 

within 90 calendar days of the 

termination of the supported event. 

(k) The Chairman of the Joint Chiefs 

of Staff in addition to the 

responsibilities in § 185.5(i) of this part, 

shall: 

(1) Advise the Secretary of Defense on 

the effects of requests for DSCA on 

national security and military readiness. 

(2) Identify available resources for 

support in response to DSCA requests 

and release related orders when 

approved by the Secretary of Defense. 

(3) Incorporate DSCA into joint 

training and exercise programs in 

consultation with the USD(P&R), the 

Chief, National Guard Bureau (NGB), 

and appropriate officials from the 

Department of Homeland Security and 

other appropriate Federal departments 

and agencies. 

(4) Advocate for needed DSCA 

capabilities. 

(l) The Commanders of Combatant 

Commands with DSCA responsibilities, 

in addition to the responsibilities in 

§ 185.5(i) of this part and in accordance 

with the Unified Command Plan shall: 

(1) In coordination with the Chairman 

of the Joint Chiefs of Staff, plan and 

execute DSCA operations in their areas 

of responsibility in accordance with this 

part, the Unified Command Plan and the 

Global Force Management 

Implementation Guidance. 

(2) In coordination with the Chairman 

of the Joint Chiefs of Staff, incorporate 

DSCA into joint training and exercise 

programs in consultation with the 

Department of Homeland Security, other 

appropriate Federal departments and 

agencies, and the NGB. 

(3) Advocate for needed DSCA 

capabilities and requirements through 

the Joint Requirements Oversight 

Council, subject to § 185.5(i) of this part, 

and the planning, programming, 

budgeting, and execution process. 

(4) Work closely with subordinate 

commands to ensure that they are 

appropriately reimbursed for DSCA in 

accordance with § 185.5(j) of this part. 

(5) Exercise Training Readiness 

Oversight (TRO) over assigned Reserve 

Component forces when not on active 

duty or when on active duty for training 

in accordance with DoD Instruction 

1215.06 23. 

(m) The Chief, NGB, under the 

authority, direction, and control of the 

Secretary of Defense, normally through 

the Secretary of the Army and the 

Secretary of the Air Force, shall: 

(1) Serve as the channel of 

communications for all matters 

pertaining to the National Guard 

between DoD Components and the 

States in accordance with DoD Directive 

5105.77 24. 

(2) Annually assess the readiness of 

the National Guard of the States to 

conduct DSCA activities and report on 

this assessment to the Secretaries of the 

Army and the Air Force; the USD(P&R), 

ASD(HD&ASA), and ASD(RA); and, 

through the Chairman of the Joint Chiefs 

of Staff, to the Secretary of Defense and 

appropriate Combatant Commanders. 

(3) Report National Guard support of 

civil authorities or qualifying entities 

when using Federal resources, 

equipment, and/or funding to the 

NJOIC. 

(4) Serve as an advisor to the 

Combatant Commanders on National 

Guard matters pertaining to the 

combatant command missions, and 

support planning and coordination for 

DSCA activities as requested by the 

Chairman of the Joint Chiefs of Staff or 

the Combatant Commanders. 

(5) Ensure that National Guard 

appropriations are appropriately 

reimbursed for DSCA activities. 

(6) Advocate for needed DSCA 

capabilities. 

(7) Develop and promulgate, in 

accordance with DoD Directive 5105.77 

and in coordination with the Secretaries 

of the Army and Air Force and the 


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ASD(HD&ASA), guidance regarding this 

part as it relates to National Guard 

matters. 

Dated: December 22, 2010. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. 2011–620 Filed 1–12–11; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 199 

[DoD–2009–HA–0051] 

RIN 0720–AB31 

TRICARE; Coverage of National 

Cancer Institute (NCI) Sponsored 

Phase I Studies 

AGENCY: Office of the Secretary, DoD. 

ACTION: Final rule. 

SUMMARY: This final rule adds coverage 

of National Cancer Institute (NCI) 

sponsored Phase I studies for certain 

beneficiaries. The NCI sponsored 

clinical treatment trials are conducted 

in a series of steps called phases. Phase 

I trials are the first studies conducted in 

people. They evaluate how a new drug 

should be given (by mouth, injected into 

the blood, or injected into the muscle), 

how often, and what dose is safe. 

DATES: Effective Date: This rule is 

effective February 14, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Commander James Ellzy, TRICARE 

Management Activity, Office of the 

Chief Medical Officer, telephone (703) 

681–0064. 

SUPPLEMENTARY INFORMATION: 

A. Background 

This final rule adds the coverage of a 

subset of National Cancer Institute (NCI) 

sponsored Phase I trials for certain 

TRICARE patients. The NCI sponsored 

clinical treatment trials are conducted 

in a series of steps called phases. Phase 

I trials are the first studies conducted in 

people. They evaluate how a new drug 

should be given (by mouth, injected into 

the blood, or injected into the muscle), 

how often, and what dose is safe. A 

Phase I trial usually enrolls only a small 

number of patients, sometimes as few as 

a dozen. A Phase II trial continues to 

test the safety of the drug, and begins to 

evaluate how well the new drug works. 

Phase II studies usually focus on a 

particular type of cancer. A Phase III 

trial tests a new drug, a new 

combination of drugs, or a new surgical 

procedure in comparison to the current 

standard. A participant will usually be 

assigned to the standard group or the 

new group at random. Phase III trials 

often enroll large numbers of people and 

may be conducted at many doctors’ 

offices, clinics, and cancer centers 

nationwide. 

This final rule adds coverage only of 

NCI sponsored Phase I trials with 

clinical or pre-clinical data providing a 

reasonable expectation that the 

treatment will be at least as effective as 

the non-investigational alternative. 

Additionally, only those TRICARE 

patients for whom standard treatment 

has been or would be ineffective, does 

not exist, or there is no superior noninvestigational treatment alternative, 

would be eligible for these additional 

trials. TRICARE has covered NCI 

sponsored Phase II and III trials since 

1996. The NCI estimates that Phase I 

trial participants represent about 3.4 

percent of overall Phase II and III 

participants combined. Based on the 

history of Department of Defense 

participation in these studies, it is 

estimated that there would be a 

maximum of 1,000 new patients 

annually enrolling in Phase I trials. It is 

estimated that the net cost to TRICARE 

of adding Phase I treatment trials will 

increase costs by 12.8 percent of the 

total gross costs (approximately 

$150,000 in FY09). Currently, ten States 

mandate coverage of at least some Phase 

I trials. 

B. Public Comments 

The DoD published a proposed rule 

on June 22, 2009 (74 FR 29435–29436). 

One set of comments was received on 

the proposed rule. The sole commenter 

strongly supported the proposed rule 

and urged the DoD to make it final. We 

agree with this recommendation and 

have not made any modifications to the 

proposed rule. 

C. Regulatory Procedures 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ 

Section 801 of Title 5, United States 

Code (U.S.C.), and Executive Order 

(E.O.) 12866 requires certain regulatory 

assessments and procedures for any 

major rule or significant regulatory 

action, defined as one that would result 

in an annual effect of $100 million or 

more on the national economy, or which 

would have other substantial impacts. It 

has been certified that this rule is not an 

economically significant rule; however, 

it is a regulatory action which has been 

reviewed by the Office of Management 

and Budget as required under the 

provisions of E.O. 12866. 

Sec. 202, Public Law 104–4, ‘‘Unfunded 

Mandates Reform Act’’ 

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) 

The Regulatory Flexibility Act (RFA) 

requires each Federal agency prepare, 

and make available for public comment, 

a regulatory flexibility analysis when 

the agency issues a regulation which 

would have a significant impact on a 

substantial number of small entities. 

This final rule will not significantly 

affect a substantial number of small 

entities for purposes of the RFA. 

Public Law 96–511, ‘‘Paperwork 

Reduction Act’’ (44 U.S.C. Chapter 35) 

This rule will not impose additional 

information collection requirements on 

the public under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3511). 

Executive Order 13132, ‘‘Federalism’’ 

This final rule has been examined for 

its impact under E.O. 13132 and it does 

not contain policies that have 

federalism implications that would have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government; therefore, 

consultation with State and local 

officials is not required. 

List of Subjects in 32 CFR Part 199 

Claims, Dental Health, Health Care, 

Health Insurance, Individuals with 

Disabilities, Military Personnel. 

■ Accordingly, 32 CFR, Part 199 is 

amended as follows: 

PART 199—[AMENDED] 

■ 1. The authority citation for Part 199 

continues to read as follows: 

Authority: 5 U.S.C. 301; 10 U.S.C. Chapter 

55. 

■ 2. Section 199.4 is amended by: 

■ A. Redesignating paragraphs 

(e)(26)(ii)(B)(2), (3) and (4) as paragraphs 

(e)(26)(ii)(B)(3), (4) and (5); 

■ B. Adding a sentence to the 

introductory text in paragraph 

(e)(26)(ii)(B); 

■ C. Revising paragraph 

(e)(26)(ii)(B)(1)(ii); 

■ D. Revising paragraph 

(e)(26)(ii)(B)(1)(iv); 


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