72766 Federal Register / Vol. 75, No. 227 / Friday, November 26, 2010 / Proposed Rules 

(85) API MPMS Chapter 11—Physical 

Properties Data, Section 1— 

Temperature and Pressure Volume 

Correction Factors for Generalized 

Crude Oils, Refined Products, and 

Lubricating Oils; May 2004, Addendum 

1 September 2007, Product No. H11013; 

incorporated by reference at 

§ 250.1202(a)(3), (g); 

(86) API MPMS, Chapter 12— 

Calculation of Petroleum Quantities, 

Section 2—Calculation of Petroleum 

Quantities Using Dynamic Measurement 

Methods and Volumetric Correction 

Factors, Part 3—Proving Reports; First 

Edition, October 1998; reaffirmed 2009, 

Product No. H12023; incorporated by 

reference at § 250.1202(a)(3), (g); 

(87) API MPMS, Chapter 12— 

Calculation of Petroleum Quantities, 

Section 2—Calculation of Petroleum 

Quantities Using Dynamic Measurement 

Methods and Volumetric Correction 

Factors, Part 4—Calculation of Base 

Prover Volumes by the Waterdraw 

Method, First Edition, December 1997; 

reaffirmed 2009, Order No. H12042; 

incorporated by reference at 

§ 250.1202(a)(3), (g); 

(88) API MPMS, Chapter 12— 

Calculation of Petroleum Quantities, 

Section 2—Calculation of Petroleum 

Quantities Using Dynamic Measurement 

Methods and Volumetric Correction 

Factors, Part 5—Calculation of Base 

Prover Volume by Master Meter 

Method; First Edition, September 2001; 

reaffirmed October 2006, Product No. 

H12025; incorporated by reference at 

§ 250.1202(a)(3), (g); 

(89) API MPMS, Chapter 21—Flow 

Measurement Using Electronic Metering 

Systems, Section 2—Electronic Liquid 

Volume Measurement Using Positive 

Displacement and Turbine Meters; First 

Edition, June 1998; Order No H21021; 

incorporated by reference at 

§ 250.1202(a)(3); 

(90) API MPMS, Chapter 21—Flow 

Measurement Using Electronic Metering 

Systems, Addendum to Section 2—Flow 

Measurement Using Electronic Metering 

Systems, Inferred Mass; First Edition, 

August 2000; reaffirmed February 2006; 

Order No. H2102A; incorporated by 

reference at § 250.1203(b)(4); 

(91) API RP 86, Recommended 

Practice for Measurement of Multiphase 

Flow; First Edition, September 2005; 

Product No. G08601; incorporated by 

reference at § 250.1201, § 250.1202 

(a)(3), and § 250.1203(a)(2). 

* * * * * 

(l) American Gas Association (AGA 

Reports), 400 North Capitol Street, NW., 

Suite 450, Washington, DC 20001, 

http://www.aga.org; phone: (202) 824– 

7000; 

(1) AGA Report No. 7—Measurement 

of Natural Gas by Turbine Meters; 

Revised February 2006; AGA Catalog 

No. XQ0601; incorporated by reference 

at § 250.1203(a)(2); 

(2) AGA Report No. 9—Measurement 

of Gas by Multipath Ultrasonic Meters; 

Second Edition, April 2007; AGA 

Catalog No. XQ0701; incorporated by 

reference at § 250.1203(a)(2); 

(3) AGA Report No. 10—Speed of 

Sound in Natural Gas and Other Related 

Hydrocarbon Gases; May 2003; AGA 

Catalog No. XQ0310; incorporated by 

reference at § 250.1203(a)(2). 

[FR Doc. 2010–29645 Filed 11–24–10; 8:45 am] 

BILLING CODE 4310–MR–W–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[DoD–2009–OS–0039] 

RIN 0790–AI55 

32 CFR Part 183 

Defense Support to Special Events 

AGENCY: Department of Defense. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule 

establishes procedures and assigns 

responsibilities for Special Events, sets 

forth procedural guidance for the 

execution of Special Events support 

when requested by civil authorities or 

qualifying entities and approved by the 

appropriate 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 

other territory or possession of the 

United States or any political 

subdivision thereof and elsewhere if 

properly approved. 

DATES: Comments must be received by 

January 25, 2011. 

ADDRESSES: You may submit comments, 

identified by docket number and or RIN 

number and title, by any of the 

following methods: 

• Federal Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Federal Docket Management 

System Office, 1160 Defense Pentagon, 

OSD Mailroom 3C843, 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 

http://www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: 

Ms. Carol Corbin, 703–693–8392. 

SUPPLEMENTARY INFORMATION: 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ 

It has been certified that 32 CFR part 

183 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. 

Section 202, Pub. L. 104–4, ‘‘Unfunded 

Mandates Reform Act’’ 

It has been certified that 32 CFR part 

183 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 1 year. 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C. 601) 

It has been certified that 32 CFR part 

183 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 procedures and 

assigns responsibilities within DoD for 

Special Events in support of civil and 

non-governmental entities; 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 

183 does not impose reporting or 

recordkeeping requirements under the 

Paperwork Reduction Act of 1995. 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 75, No. 227 / Friday, November 26, 2010 / Proposed Rules 72767 

Executive Order 13132, ‘‘Federalism’’ 

It has been certified that 32 CFR part 

183 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 183 

Armed forces, Special events. 

Accordingly, 32 CFR part 183 is 

proposed to be added to read as follows: 

PART 183—DEFENSE SUPPORT OF 

SPECIAL EVENTS 

Sec. 

183.1 Purpose. 

183.2 Applicability and scope. 

183.3 Definitions. 

183.4 Policy. 

183.5 Responsibilities. 

183.6 Procedures. 

Authority: 2 U.S.C. 1966, 2 U.S.C. 1970, 

10 U.S.C. 372–374, 10 U.S.C. 377, 10 U.S.C. 

2012, 10 U.S.C. 2553–2555, 10 U.S.C. 2564, 

18 U.S.C. 3056, 31 U.S.C. 1535–1536, 32 

U.S.C. 502, 32 U.S.C. 508, Public Law 94– 

524, and Section 5802 of Public Law 104– 

208, as amended. 

§ 183.1 Purpose. 

This part: 

(a) Establishes DoD policy, assigns 

responsibilities, and provides 

procedures for support of civil 

authorities and qualifying entities 

during the conduct of special events. 

This support will be referred to as 

‘‘support to special events.’’ 

(b) Implements provisions of DoD 

Directive 5111.1 (see http:// 

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

511101p.pdf); Deputy Secretary of 

Defense Memorandum, ‘‘Delegations of 

Authority,’’ November 30, 2006 (see 

http://www.dtic.mil/whs/directives/ 

corres/dir3.html); title 2, United States 

Code (U.S.C.) 1966; title 2 U.S.C. 1970; 

title 10 U.S.C. 372–374; title 10 U.S.C. 

377; title 10 U.S.C. 2012; title 10 U.S.C. 

2553–2555; title 10 U.S.C. 2564; title 18 

U.S.C. 1385; title 18 U.S.C. 3056; title 31 

U.S.C. 1535–1536; title 32 U.S.C. 502; 

title 32 U.S.C. 508; Public Law 94–524; 

Section 5802 of Public Law 104–208, as 

amended; and title 32, Code of Federal 

Regulations (CFR) part 185 addressing 

matters pertaining to Defense Support of 

Civil Authorities (DSCA) for special 

events and qualifying entities. 

§ 183.2 Applicability and scope. 

This part applies to the Office of the 

Secretary of Defense (OSD), 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 in the 

Department of Defense (hereafter 

referred to collectively as the ‘‘DoD 

Components’’). 

§ 183.3 Definitions. 

These terms and definitions are for 

the purpose of this part only. 

Civil authorities. Defined in 

Joint Publication 1–02 (see http:// 

www.dtic.mil/doctrine/ 

dod_dictionary/). 

Integrated Federal Support Overview 

(IFSO). A collaborative effort of the 

Special Events Working Group. The 

purpose of the Integrated Federal 

Support Overview is to inform the 

Secretary of Homeland Security and 

other appropriate senior Federal 

officials, including the Federal 

coordinator for the special event, of all 

the Federal activities and support in 

preparation for and execution of a 

special event. The IFSO facilitates the 

Federal coordinator’s ability to lead a 

unified coordination group initially in 

case of an incident to support the 

Secretary of Homeland Security’s 

incident management responsibilities. It 

also educates Federal interagency 

partners on Federal resources 

committed to the special event. 

National special security event 

(NSSE). By definition, an NSSE is an 

Incident of National Significance as 

defined by the National Response Plan. 

These national or international events, 

occurrences, contests, activities, or 

meetings, which, by virtue of their 

profile or status, represent a significant 

target for deliberate attack; or, they can 

be the result of natural disasters or other 

emergency conditions, and therefore 

warrant additional preparation, 

planning, and mitigation efforts. The 

U.S. Secret Service (USSS), Federal 

Bureau of Investigation (FBI), and 

Federal Emergency Management Agency 

(FEMA) serve as the Federal agencies 

with lead responsibilities for NSSEs; 

other Federal agencies, including the 

Department of Defense, may provide 

support to the NSSE if authorized by 

law. 

NSSE Executive Steering Committee. 

This group is established when the 

Secretary, DHS designates a specific 

event to be a NSSE. The group, led by 

the USSS, is comprised of Federal, state 

and local public safety and security 

officials, whose primary responsibility 

is to coordinate and develop a specific 

security plan for the designated NSSE. 

Qualifying entity. A nonGovernmental organization to which the 

Department of Defense may provide 

assistance by virtue of statute, 

regulation, policy, or other approval by 

the Secretary of Defense or his or her 

authorized designee. 

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. Event status is not determined 

by DoD and support may be requested 

by either civil authorities or non 

governmental entities. Support provided 

may be reimbursable. 

Special event working group. A single 

forum designed to ensure 

comprehensive and coordinated Federal 

interagency awareness of, and 

appropriate support to, special events. 

The Special Event Working Group is cochaired by representatives from the 

Department of Homeland Secuirty 

(DHS) (including the USSS and FEMA) 

and the FBI, and comprises 

representatives from over 40 Federal 

departments and agencies, including the 

Departments of Defense, Homeland 

Security, Justice, State, Energy, Labor, 

Health & Human Services, and 

Commerce and from the Office of the 

Director of National Intelligence and the 

Environmental Protection Agency. The 

Department of Defense representative on 

the Special Event Working Group is 

designated by the Assistant Secretary of 

Defense for Homeland Defense and 

Americas’ Security Affairs 

(ASD(HD&ASA)). The Special Event 

Working Group develops the Special 

Events Awareness Report on an annual 

basis. 

§ 183.4 Policy. 

It is DoD policy that: 

(a) Support to special events is a 

subset of DSCA. 

(b) DoD capabilities may be used to 

provide support for international and 

domestic special events as authorized 

by law or DoD policy. DoD resources in 

support of special events may be 

provided only after the resources of all 

other relevant governmental and nongovernmental entities are determined 

not to be available, unless there is a 

statutory exception or DoD is the only 

source of specialized capabilities. DoD 

support should not be provided if use of 

commercial enterprises would be more 

appropriate. 

(c) The Department may support such 

events with personnel, equipment, and 

services in accordance with applicable 

laws, regulations, and interagency 


srobinson on DSKHWCL6B1PROD with PROPOSALS
72768 Federal Register / Vol. 75, No. 227 / Friday, November 26, 2010 / Proposed Rules 

agreements. Most support shall be 

provided on a non-interference basis 

with careful consideration given to 

effects on readiness and current 

operations. 

(d) DoD security and safety-related 

support for an event shall have priority 

over logistics assistance; however, 

logistics assistance may be provided if 

deemed appropriate and necessary, 

consistent with authorizing statutes and 

applicable policy guidance. 

(e) Funding for special events is 

subject to the following: 

(1) DoD may receive separate funding 

or authority to provide support to 

specific special events. 

(2) Support to special events for 

which the Department of Defense does 

not receive appropriations or for which 

DoD funds are not available for such 

support must be approved by the 

Secretary of Defense and must be 

provided on a reimbursable basis in 

accordance with title 10 U.S.C. 372–374; 

title 10 U.S.C. 377; title 10 U.S.C. 2012; 

title 10 U.S.C. 2553–2555; title 10 U.S.C. 

2564; or title 31 U.S.C. 1535–1536, or 

other applicable statutes. 

(3) Reimbursement for DoD support 

provided to civilian law enforcement 

agencies during special events is 

required, in accordance with title 10 

U.S.C. 377, unless the Secretary of 

Defense elects to waive reimbursement 

after determining that the support: 

(i) Is provided in the normal course of 

military training or operations, or 

(ii) Results in a benefit to the 

personnel providing the support that is 

substantially equivalent to that which 

would otherwise be obtained from 

military operations or training. 

(4) Security and safety of special 

events are responsibilities shared by 

Federal, State, and local authorities. If 

Federal funds will be provided to State 

or local authorities to offset the costs of 

enhanced security and public safety for 

special events and if State or local 

officials request the employment of 

National Guard personnel in a Federal 

pay status, States shall be encouraged to 

use those funds to employ those 

National Guard personnel in a State pay 

status or to reimburse the Department of 

Defense for costs related to the 

employment of the National Guard 

personnel in a Federal pay status. 

(f) DoD Components shall provide 

support to civil authorities or qualifying 

entities for special events only as 

authorized in this part. This does not 

apply to installation commanders or 

heads of DoD Components providing 

localized support to a special event 

under the auspices of community 

relations, public outreach, or 

recruitment efforts pursuant to DoD 

Directive 5410.18 (see http:// 

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

541018p.pdf) and DoD Instruction 

5410.19 (see http://www.dtic.mil/whs/ 

directives/corres/pdf/541019p.pdf) or 

other similar authority. 

(g) DoD support to special events that 

includes support to civilian law 

enforcement officials must comply with 

DoD Directive 5525.5 (see http:// 

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

552505p.pdf). 

§ 183.5 Responsibilities. 

(a) The Under Secretary of Defense for 

Policy (USD(P)) shall establish policy 

for and facilitate the interagency 

coordination of special events with 

Federal, State, and local agencies; and 

qualifying entities and the DoD 

Components, as required. 

(b) The ASD(HD&ASA), under the 

authority, direction, and control of the 

USD(P), shall: 

(1) In coordination with the Chairman 

of the Joint Chiefs of Staff (CJCS), 

oversee the management and 

coordination of DoD support to special 

events including, without limitation, 

events covered under Title 10 U.S.C. 

2564. 

(2) Serve as the principal civilian 

advisor to the Secretary of Defense and 

the USD(P) on DoD support to special 

events. 

(3) In accordance with DoD Directive 

5111.13 (see http://www.dtic.mil/whs/ 

directives/corres/pdf/511113p.pdf), 

approve requests for assistance from 

civil authorities and qualifying entities 

for DoD support to special events. Such 

requests shall be coordinated with 

appropriate offices in the OSD, the 

CJCS, and the heads of appropriate DoD 

Components. The ASD(HD&ASA) will 

immediately notify the Secretary of 

Defense when this authority is 

exercised. 

(4) Coordinate, or consult on, special 

event support policy with other Federal 

departments and agencies, as 

appropriate. 

(5) Develop, coordinate, and oversee 

the implementation of DoD support to 

special events for the Department of 

Defense. 

(6) Through the CJCS, monitor the 

activation, deployment, and 

employment of DoD personnel, 

facilities, and other resources involved 

in DoD support to special events. 

(7) Coordinate DoD support to special 

events with the General Counsel of the 

Department of Defense (GC, DoD) and 

the Under Secretary of Defense 

(Comptroller)/Chief Financial Officer 

(USD(C)/CFO). 

(8) Ensure information relating to all 

aspects of special events receives the 

broadest possible dissemination using 

all approved media as appropriate and 

in coordination with the Assistant 

Secretary of Defense for Public Affairs 

(ASD(PA)). 

(9) Represent DoD regarding special 

events to other Federal departments and 

agencies, State and local authorities, 

and qualifying entities, including 

designating the DoD representatives for 

the working groups identified in 

§ 183.6(b) of this part. 

(10) Manage, in conjunction with the 

USD(C)/CFO, the Support for 

International Sporting Competitions 

(SISC) Defense Account. 

(11) In accordance with section 5802 

of Public Law 104–208, as amended, 

submit notification to the congressional 

defense committees of the Department’s 

plans to obligate funds in the SISC 

Defense Account. 

(12) In accordance with title 10 U.S.C. 

2564 submit an annual report to 

Congress, no later than January 30 of 

each year following a year in which the 

Secretary of Defense provides assistance 

under title 10 U.S.C. 2564, detailing 

DoD support to certain sporting 

competitions. 

(c) The Under Secretary of Defense for 

Personnel and Readiness (USD(P&R)) 

shall coordinate on DoD support to 

special events and, in coordination with 

the CJCS, provide advice regarding the 

effect the requested support will have 

on readiness and military operations. 

(d) The USD(C)/CFO shall: 

(1) Coordinate on DoD support to 

special events and provide advice 

regarding the effect on the DoD budget 

and financial resources. 

(2) Maintain the SISC account in 

conjunction with the ASD(HD&ASA). 

(e) The Under Secretary of Defense for 

Acquisition, Technology, and Logistics 

(USD(AT&L)) shall coordinate on DoD 

support to special events that includes 

logistical support. 

(f) The GC, DoD shall coordinate and 

provide legal counsel on DoD support to 

special events. 

(g) The ASD(PA) shall provide policy 

guidance and review, coordinate, and 

approve requests for ceremonial and 

entertainment support for special events 

in accordance with DoD Directives 

5122.05 (see http://www.dtic.mil/whs/ 

directives/corres/pdf/512205p.pdf) and 

5410.18 and DoD Instruction 5410.19. 

(h) The Executive Secretary of the 

Department of Defense shall: 

(1) Act as the initial point of contact 

for the Department of Defense 

pertaining to requests addressed to the 

Secretary of Defense, Deputy Secretary 

of Defense, or the Executive Secretary 

for DoD support for special events. 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 75, No. 227 / Friday, November 26, 2010 / Proposed Rules 72769 

(2) Upon receipt of such a request for 

DoD support to a special event, 

determine who within the Department 

has the lead action on the Request for 

Assistance (RFA). Determine if the RFA 

is for a single capability for which a 

DoD Component is the office of primary 

responsibility (OPR) or serves as a DoD 

Executive Agent; and if so, forward the 

request to that DoD Component for 

action and notify ASD(HD&ASA) and 

the CJCS. All RFAs will be distributed 

to the ASD(HD&ASA) and the CJCS. 

(i) The CJCS shall: 

(1) Provide planning guidance to DoD 

Components for all special events for 

which DoD support may require the 

employment of military forces or 

centralized command and control. 

(2) Review all requests for DoD 

support to special events, and, in 

coordination with the USD(P&R), 

provide advice on the effect the 

requested support will have on 

readiness and military operations. 

(3) Prepare, staff, and issue orders and 

messages on DoD support to special 

events that has been approved by 

authorized DoD officials. 

(4) Issue guidance to the Combatant 

Commanders on the implementation of 

this part. 

(5) Process requests for DoD support 

to special events. 

(6) Maintain sufficient staff to manage 

the day-to-day operational aspects of 

DoD support to special events. 

(i) Establish and operate a system for 

delivering DoD assets to authorized 

recipients and for recovering loaned 

assets at the conclusion of the event. 

(ii) Ensure the civil authorities and 

qualifying entities authorized to accept 

DoD assets provide a surety bond or 

other suitable insurance protection to 

cover the cost of lost, stolen, or damaged 

DoD property. 

(iii) Plan and program for the lifecycle replacement of special events 

equipment procured under title 10 

U.S.C. 372–374; title 10 U.S.C. 377; title 

10 U.S.C. 2012; title 10 U.S.C. 2553– 

2555; and title 10 U.S.C. 2564. 

(iv) When necessary, procure goods 

and services through contracting. 

(8) Administer the expenditure of 

appropriated funds, and ensure that 

DoD is reimbursed for its DoD support 

to special events when required by law 

or DoD policy. 

(i) With the assistance of DoD 

Components, provide cost estimates of 

DoD support to a special event that is 

under consideration for approval. 

(ii) Upon approval, administer the 

execution of funding for DoD support to 

special events. 

(iii) At the conclusion of DoD support 

to a special event, collect and provide 

a financial accounting for all DoD funds 

expended in support of that special 

event. 

(9) Establish and maintain effective 

liaison with DoD Components for the 

timely exchange of information about 

special event projects. 

(10) Provide other support to special 

events as directed. 

(j) The Heads of the DoD Components 

shall: 

(1) Designate and maintain an OPR for 

special events or a special events 

coordinator and provide that OPR 

designation and contact information to 

the CJCS within 60 days of the 

publication of this part; and provide 

updates to OPR designation and contact 

information within 30 days of a change. 

(2) Provide personnel, equipment, and 

support to special events as directed. 

(3) Ensure personnel supporting 

special events comply with applicable 

antiterrorism and force protection 

training and standards. 

(4) Provide other support to special 

events as directed. 

(k) The Chief, National Guard Bureau 

(NGB), under the authority, direction, 

and control of the Secretary of Defense 

through the Secretary of the Army and 

the Secretary of the Air Force, shall: 

(1) Serve as the channel of 

communication between: 

(i) The Secretary of Defense and the 

heads of the DoD Components 

(including the Secretary of the Army 

and the Secretary of the Air Force), and 

(ii) The States on all matters 

pertaining to National Guard 

involvement in DoD support to special 

events. 

Note to paragraph (k)(1): Direct liaison 

between the entities in paragraphs (j)(1)(i) 

and (j)(1)(ii) of this section should occur only 

in an emergency when time does not permit 

compliance with this part. In each such 

instance, the Chief, NGB, should be informed 

of the communication. 

(2) Annually assess the readiness of 

the National Guard of the States to 

participate in DoD support to special 

events, and report on this assessment to 

the Secretary of Defense, the Secretaries 

of the Army and the Air Force, the 

USD(P&R), the ASD(HD&ASA), the 

Assistant Secretary of Defense for 

Reserve Affairs, the CJCS, and 

appropriate Combatant Commanders. 

(3) Participate in the Joint Staff 

capability-based planning and 

assessments, the Joint Capabilities 

Integration and Development System, 

and the DoD planning, programming, 

budgeting and execution assessment for 

all actions pertaining to National Guard 

participation in DoD support to special 

events. 

(4) Facilitate and deconflict the 

planning and use of National Guard 

forces among the States to ensure that 

adequate and balanced forces are 

available and responsive for DoD special 

event support, consistent with national 

security objectives and priorities. 

§ 183.6 Procedures. 

(a) General Provisions. (1) This 

section provides the basic procedures 

for DoD support to special events. 

(2) As appropriate, amplifying 

procedures regarding DoD support to 

special events shall be published 

separately and maintained by the Office 

of the ASD(HD&ASA) and released as 

needed in the most effective medium 

consistent with DoD Directive 8320.02 

(see http://www.dtic.mil/whs/directives/ 

corres/pdf/832002p.pdf). 

(b) Special Event Process. 

(1) Engagement. 

(i) Engagement may be initiated by the 

Department of Defense, civil authorities, 

or qualifying entities. If the initial 

engagement is not a written RFA, 

representatives from ASD(HD&ASA) 

and the Joint Staff will confer to 

determine actual requirements. 

(ii) Engagement may involve 

informational briefings and meetings 

between DoD representatives and 

special event organizers, civil 

authorities, or qualifying entities. These 

informal engagements may result in 

non-DoD entities submitting an RFA to 

the Executive Secretary of the 

Department of Defense, requesting DoD 

support for a special event. 

(iii) Once an RFA is received, it will 

be sent to ASD(HD&ASA) and the CJCS 

simultaneously for staffing and 

recommendation. Additional 

engagement with the requestor may be 

required to quantify the scope and 

magnitude of the support requested. 

(2) Planning. 

(i) The direction and focus of DoD 

special-event-planning will depend on 

the nature of the event and scope and 

magnitude of the support requested or 

anticipated. International events may 

require additional planning, procedures, 

and coordination with the government 

of the host country. 

(ii) For NSSEs and events that may 

require the employment of military 

forces or centralized command and 

control, the CJCS will issue a planning 

order, requesting a Combatant 

Commander to initiate planning and 

notify potential supporting commands/ 

organizations and the Chief, NGB, as 

appropriate. When possible, established 

CJCS-directed planning procedures will 

be used for the Combatant Commander 

to provide an assessment and request for 

forces. 


srobinson on DSKHWCL6B1PROD with PROPOSALS
72770 Federal Register / Vol. 75, No. 227 / Friday, November 26, 2010 / Proposed Rules 

(A) The NSSE designation process 

generally is initiated by a formal written 

request to the Secretary of Homeland 

Security by the State or local 

government hosting the event. In other 

situations where the event is Federally 

sponsored, an appropriate Federal 

official will make the request. 

(B) Once the request is received by the 

DHS, the USSS will send an NSSE 

questionnaire to the responsible host 

official for completion. The request, 

completed questionnaires, and other 

supporting information are reviewed by 

the NSSE Working Group, including the 

DoD member of the NSSE Working 

Group, which provides a 

recommendation to the Secretary of 

Homeland Security regarding NSSE 

designation. 

(C) The Secretary of Homeland 

Security makes the final determination 

to designate an event as an NSSE 

pursuant to Homeland Security 

Presidential Directive 7 (see http:// 

www.dhs.gov/xabout/laws/ 

gc_1214597989952.shtm). Once an 

event is designated an NSSE, certain 

other Federal departments and agencies 

have statutory duties and 

responsibilities. 

(iii) There are numerous events where 

DoD support should be anticipated and 

a planning order issued to the 

appropriate Combatant Commander. 

These include, but are not limited to: 

(A) The President’s State of the Union 

Address or other addresses to a Joint 

Session of Congress. 

(B) Annual meetings of the United 

Nations General Assembly. 

(C) National Presidential nominating 

conventions. 

(D) Presidential inaugural activities. 

(E) International summits or meetings. 

(F) State funerals. 

(G) The National Boy Scout Jamboree. 

(H) Certain international or domestic 

sporting competitions. 

(iv) There are other events that the 

Department of Defense supports that do 

not involve the assignment of military 

forces or centralized command and 

control by Combatant Commanders, 

which include planning requirements 

by the host organizations. These 

include, but are not limited to: 

(A) Military Department or Servicesponsored events, such as: 

(1) The Marine Corps Marathon. 

(2) The Army 10-Miler. 

(3) Navy Fleet Weeks. 

(4) Installation or Joint Service Open 

Houses. 

(5) Service or Joint Air Shows. 

(B) Community relations activities 

authorized in accordance with DoD 

Directive 5122.05 and DoD Instruction 

5410.19. 

(v) DoD may provide support to 

certain sporting events that are included 

under subsection (c) of section 2564 of 

title 10 U.S.C. by providing technical, 

contracting, and specialized equipment 

support. These events may be funded by 

title 10 U.S.C. 2564 and include: 

(A) The Special Olympics. 

(B) The Paralympics. 

(C) Sporting events sanctioned by the 

United States Olympic Committee 

(USOC) through the Paralympic Military 

Program. 

(D) Any international or domestic 

paralympic sporting event that are held 

in the United States or its territories that 

is governed by the International 

Paralympic Committee and sanctioned 

by the USOC for which: 

(1) Participation exceeds 100 amateur 

athletes; and 

(2) At least 10 percent of the athletes 

participating in the sporting event are 

members or former members of the 

armed forces. 

(3) At least 10 percent of the athletes 

participating in the sporting event are 

either members or former members of 

military services who are participating 

in the sporting event based upon an 

injury or wound incurred in the line of 

duty in the armed force or veterans who 

are participating in the sporting event 

based upon a service-connected 

disability. 

(vi) Planning for DoD support to the 

Olympics and certain other sporting 

events requires additional 

considerations. 

(A) Subsections (a) and (b) of section 

2564 of title 10 U.S.C. authorize the 

Secretary of Defense to provide 

assistance for the Olympics and certain 

other sporting events. Unless the event 

meets the specific requirements stated 

in paragraph (b)(2)(v) of this section, the 

Attorney General must certify that DoD 

security and safety assistance is 

necessary to meet essential security and 

safety needs of the event. 

(B) The Department, led by the 

ASD(HD&ASA), will collaborate with 

the CJCS, the Department of Justice, 

including the FBI, and other appropriate 

DoD Components and Federal 

departments or agencies, usually as part 

of a Joint Advisory Committee (JAC), to 

provide a recommendation to the 

Attorney General on what categories of 

support the Department of Defense may 

be able to provide to meet essential 

security and safety needs of the event. 

(C) Support other than safety and 

security may be authorized for sporting 

events, but only to the extent that: 

(1) Such needs cannot reasonably be 

met by a source other than the 

Department of Defense. 

(2) Such assistance does not adversely 

affect military preparedness. 

(3) The requestor of such assistance 

agrees to reimburse to the Department of 

Defense, in accordance with the 

provisions of title 10 U.S.C. 372–374, 

title 10 U.S.C. 377, title 10 U.S.C. 2012, 

title 10 U.S.C. 2553–2555, title 10 U.S.C. 

2564 and other applicable provisions of 

law. 

(vii) Types of support that the 

Department of Defense can provide 

include, but are not limited to: 

(A) Aviation. 

(B) Communications (e.g., radios, 

mobile telephones, signal integrators); 

(C) Security (e.g., magnetometers, 

closed-circuit televisions, perimeter 

alarm systems, undercarriage inspection 

devices). 

(D) Operations and Command Centers 

(e.g., design and configuration, video 

walls). 

(E) Explosive Ordnance Detection and 

Disposal (technical advice, Explosive 

Ordnance Disposal teams, Explosive 

Detector Dog, dog teams). 

(F) Logistics (transportation, 

temporary facilities, food, lodging). 

(G) Ceremonial support (in 

coordination with the ASD(PA)). 

(H) Chemical, biological, radiological, 

and nuclear threat identification, 

reduction, and response capabilities. 

(I) Incident response capabilities (in 

coordination with the Department of 

Justice, the DHS, the Department of 

Health and Human Services, and in 

consultation with appropriate State and 

local authorities). 

(viii) DoD personnel support to 

special events is provided using a total 

force employment concept that may 

include Active Duty Reserve 

Component military personnel 

(including National Guard forces 

performing duty pursuant to title 32 

U.S.C. 502, DoD civilian personnel, and 

DoD contractor personnel. 

(A) National Guard personnel 

conducting support to special events 

while on State Active Duty, or in a 

militia status, at the direction of their 

Governor or Adjutant General, are not 

considered to be providing DoD support 

to special events. 

(B) This part does not limit or affect 

DoD and National Guard personnel 

volunteering to support special events 

during their non-duty time. This 

volunteer support is not considered as 

part of DoD support to special events. 

Volunteers are prohibited from 

obligating or using DoD resources to 

support a special event while in a 

volunteer status except as authorized by 

separate statute or authority. 

(3) Coordination. (i) Coordination of 

DoD support to special events will 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 75, No. 227 / Friday, November 26, 2010 / Proposed Rules 72771 

likely take place simultaneously with 

engagement and planning; operate 

across the full spectrum of strategic, 

operational, and tactical levels; and 

occur internally among DoD 

Components and externally with 

supported civil authorities and 

qualifying entities. 

(A) Policy coordination between the 

Department of Defense and other 

Federal departments is the 

responsibility of ASD(HD&ASA). Other 

DoD Components may send 

representatives to these meetings with 

the prior concurrence of 

ASD(HD&ASA). Standing Departmentallevel special events coordination 

meetings include: 

(1) USSS-led NSSE Working Group. 

(2) DHS-led Special Events Working 

Group. 

(3) Department of State, Bureau of 

Diplomatic Security-led International 

Sporting Event Group. 

(B) Coordination Below the Strategic 

Level. (1) Coordination within the 

Department is led by the ASD(HD&ASA) 

and is facilitated by the CJCS for the 

Combatant Commands and other Joint 

Commands and by other DoD 

Component Heads for their constituent 

elements. 

(2) The CJCS will work with the 

Service Chiefs, Chief NGB, and the 

heads of DoD Components when subject 

matter expertise is needed for the event 

organizers. This will be based upon 

location and other criteria, as needed. 

(ii) Inputs to the DHS-produced 

Integrated Federal Support 

Overview(IFSO) will be solicited by the 

CJCS and sent to the ASD(HD&ASA) for 

consolidation and deconfliction prior to 

final submission to DHS. DoD 

Component Heads not tasked by the 

Joint Staff will submit their input 

directly to ASD(HD&ASA). 

(iii) RFAs for DoD support will adhere 

to the following: 

(A) An RFA for DoD support to a 

special event may be made by Federal, 

State, or local civil authorities, or by 

other qualifying entities. 

(B) RFAs will be in writing and 

addressed to the Secretary of Defense, 

the Deputy Secretary of Defense or the 

Executive Secretary of the Department 

of Defense, 1000 Defense, Pentagon, 

Washington, DC 20301–1000. 

Components who receive RFAs directly 

from the requestor will immediately 

forward them to the Executive Secretary 

for disposition, distribution, and 

tracking. 

(C) The Executive Secretary will 

determine who within the Department 

has the lead action on the RFA. At a 

minimum, the RFA will be distributed 

to the ASD(HD&ASA) and the CJCS. If 

the RFA is for a single capability that a 

Component is the OPR or for which has 

Executive Agency. The Executive 

Secretary will send the RFA to that 

Component for action, and will provide 

an information copy to the 

ASD(HD&ASA) and the CJCS. 

(D) Vetting of RFAs will be in 

accordance with DoD’s Global Force 

Management process and consistent 

with criteria published in 32 CFR part 

185. 

(E) Unless directed otherwise, the 

Executive Secretary will communicate 

the Department’s decision on support to 

a special event to the requesting 

authorities. 

(4) Execution. Execution of DoD 

support to special events is a shared 

responsibility. The scope and 

magnitude of the support being 

provided will determine the OPR and 

level of execution. 

(i) When joint military forces or 

centralized command and control of 

DoD support to a special event are 

anticipated or required, a Combatant 

Commander shall be identified as the 

Supported Commander in a properly 

approved order issued by the CJCS. The 

designated Combatant Command shall 

be the focal point for execution of DoD 

support to that special event with other 

DoD Components in support. Reporting 

requirements shall be in accordance 

with the properly approved order issued 

by the CJCS and standing business 

practices. 

(ii) When there are no military forces 

required and no need for centralized 

command and control, DoD support to 

special events shall be executed by the 

CJCS or the head of a DoD Component, 

as designated in a properly approved 

order or message issued by the CJCS. 

Oversight of DoD support will be 

provided by the ASD(HD&ASA). 

(5) Recovery. (i) Durable, non-unit 

equipment, procured by the Department 

of Defense to support a special event, 

shall be retained by the CJCS for use 

during future events in accordance with 

§ 183.5(h)(7) of this part. 

(ii) An After-Action Report shall be 

produced by the Combatant Command 

or OPR and sent to ASD(HD&ASA) and 

the CJCS within 60 days of completion 

of the event. 

Dated: November 15, 2010. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. 2010–29764 Filed 11–24–10; 8:45 am] 

BILLING CODE 5001–06–P 

LIBRARY OF CONGRESS 

Copyright Office 

37 CFR Part 201 

[Docket No. RM 2010–5] 

Gap in Termination Provisions 

AGENCY: Copyright Office, Library of 

Congress. 

ACTION: Notice of proposed rulemaking; 

request for comments. 

SUMMARY: The Copyright Office is 

proposing to amend its regulations 

governing notices of termination of 

certain grants of transfers and licenses 

of copyright under section 203 of the 

Copyright Act of 1976. The amendments 

are intended to clarify the recordation 

practices of the Copyright Office 

regarding the content of section 203 

notices of termination and the 

timeliness of their service and 

recordation, including a clarification 

that the Office will accept for 

recordation under section 203 a notice 

of termination of a grant agreed to before 

January 1, 1978 as long as the work that 

is the subject of the grant was not 

created before 1978. Whether such 

notices of termination fall within the 

scope of section 203 will ultimately be 

a matter to be resolved by the courts. 

DATES: Comments on the Notice of 

Proposed Rulemaking and Requests for 

Comments are due on or before 

December 27, 2010. 

ADDRESSES: The Copyright Office 

strongly prefers that comments be 

submitted electronically. A comment 

page containing a comment form is 

posted on the Copyright Office Web site 

at http://www.copyright.gov/docs/ 

termination. The Web site interface 

requires submitters to complete a form 

specifying name and organization, as 

applicable, and to upload comments as 

an attachment via a browse button. To 

meet accessibility standards, all 

comments must be uploaded in a single 

file in either the Adobe Portable 

Document File (PDF) format that 

contains searchable, accessible text (not 

an image); Microsoft Word; 

WordPerfect; Rich Text Format (RTF); or 

ASCII text file format (not a scanned 

document). The maximum file size is 6 

megabytes (MB). The name of the 

submitter and organization should 

appear on both the form and the face of 

the comments. All comments will be 

posted publicly on the Copyright Office 

Web site exactly as they are received, 

along with names and organizations. If 

electronic submission of comments is 

not feasible, please contact the 


srobinson on DSKHWCL6B1PROD with PROPOSALS