This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

69777 

Vol. 79, No. 226 

Monday, November 24, 2014 

DEPARTMENT OF THE INTERIOR 

Bureau of Safety and Environmental 

Enforcement 

30 CFR Part 250 

[Docket ID: BSEE–2014–0001; 15XE1700DX 

EX1SF0000.DAQ000 EEEE500000] 

RIN 1014–AA22 

Oil and Gas and Sulphur Operations 

on the Outer Continental Shelf (OCS); 

Helideck and Aviation Fuel Safety for 

Fixed Offshore Facilities 

AGENCY: Bureau of Safety and 

Environmental Enforcement (BSEE), 

Interior. 

ACTION: Extension of comment period 

for an advance notice of proposed 

rulemaking (ANPR). 

SUMMARY: BSEE is extending the public 

comment period on the ANPR on 

Helideck and Aviation Fuel Safety for 

Fixed Offshore Facilities, which was 

published in the Federal Register on 

September 24, 2014 (79 FR 57008). The 

original public comment period would 

end on November 24, 2014. However, 

BSEE has received a request from an 

offshore oil and gas industry association 

to extend the comment period. The 

BSEE has reviewed the extension 

request and determined that a 30-day 

comment period extension—to 

December 24, 2014—is appropriate. 

DATES: Written comments must be 

received by the extended due date of 

December 24, 2014. The BSEE may not 

fully consider comments received after 

this date. 

ADDRESSES: You may submit comments 

on the rulemaking by any of the 

following methods. Please use the 

Regulation Identifier Number (RIN) 

1014–AA22 as an identifier in your 

message. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. In the entry titled 

Enter Keyword or ID, enter BSEE–2014– 

0001 then click search. Follow the 

instructions to submit public comments 

and view supporting and related 

materials available for this rulemaking. 

The BSEE may post all submitted 

comments. 

• Mail or hand-carry comments to the 

Department of the Interior (DOI); Bureau 

of Safety and Environmental 

Enforcement; Attention: Regulations and 

Standards Branch; 381 Elden Street, 

HE3313; Herndon, Virginia 20170–4817. 

Please reference ‘‘Oil and Gas and 

Sulphur Operations in the Outer 

Continental Shelf—Helideck and 

Aviation Fuel Safety for Fixed Offshore 

Facilities, 1014–AA22’’ in your 

comments and include your name and 

return address. 

• Public Availability of Comments— 

Before including your address, phone 

number, email address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

FOR FURTHER INFORMATION CONTACT: 

Ralph Colleli, Regulations and 

Standards Branch, 703–787–1831, email 

address: regs@bsee.gov. 

SUPPLEMENTARY INFORMATION: The BSEE 

published an ANPR on Helideck and 

Aviation Fuel Safety for Fixed Offshore 

Facilities on September 24, 2014 (79 FR 

57008). The BSEE is seeking comments 

on improving safety for operations 

related to helicopters and helidecks on 

fixed offshore facilities. Specifically, 

BSEE invites comments on whether to 

incorporate in its regulations certain 

industry and/or international standards 

for design, construction, and 

maintenance of offshore helidecks, as 

well as standards for aviation fuel 

quality, storage and handling. The BSEE 

also invites comments on whether it 

should incorporate existing standards, 

with or without modifications, and/or 

develop and propose new government 

regulatory standards for safety of 

helidecks and aviation fuel systems on 

OCS facilities. The BSEE also seeks 

information on past accidents or other 

incidents involving helidecks, 

helicopters, or aviation fuel on or near 

fixed OCS facilities. After publication of 

the ANPR, BSEE received a request from 

an oil and gas industry group asking 

BSEE to extend the comment period on 

the ANPR by 60 days. Although BSEE 

does not agree that a 60-day extension 

is appropriate, BSEE is extending its 

original 60-day comment period by an 

additional 30 days to provide additional 

time for review of and comment on the 

ANPR. Accordingly, written comments 

must be submitted by the extended due 

date of December 24, 2014. The BSEE 

may not fully consider comments 

received after this date. 

Dated: November 18, 2014. 

David E. Haines II, 

Deputy Assistant Secretary, Land and 

Minerals Management. 

[FR Doc. 2014–27761 Filed 11–21–14; 8:45 am] 

BILLING CODE 4310–VH–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 252 

[Docket ID: DOD–2012–OS–0170] 

RIN 0790–AI98 

Professional U.S. Scouting 

Organization Operations at U.S. 

Military Installations Overseas 

AGENCY: Under Secretary of Defense for 

Personnel and Readiness, DoD. 

ACTION: Proposed rule. 

SUMMARY: This rule updates policy and 

outlines fiscal and logistical support the 

DoD may provide to qualified scouting 

organizations operating on U.S. military 

installations overseas based on 

Executive Order 12715, Support of 

Overseas Scouting Activities for 

Military Dependents and appropriate 

statute as discussed below. It is DoD 

policy to cooperate with and assist 

qualified scouting organizations in 

establishing and providing facilities and 

services, within available resources, at 

locations outside the United States to 

support DoD personnel and their 

families. 

DATES: Comments must be received by 

January 23, 2015. 

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. 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
69778 Federal Register / Vol. 79, No. 226 / Monday, November 24, 2014 / Proposed Rules 

• Mail: Federal Docket Management 

System Office, 4800 Mark Center Drive, 

East Tower, Suite 02G09, Alexandria 

VA 22350–3100. 

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: Mr. 

Chris Wright, 703–588–0172. 

SUPPLEMENTARY INFORMATION: 

Executive Summary 

I. Purpose of the Regulatory Action 

This rule proposes that support 

provided by DoD is documented in a 

written agreements and signed by the 

appropriate regional combatant 

commander. Also, it would require 

installation-specific support and 

services to be based on a written 

agreement and signed by the installation 

commander or designee. These 

agreements will replace the need for 

these organizations to submit individual 

articles of incorporation, written 

constitutions, charters, or articles of 

agreement to gain approval from the 

installation commander to operate on 

the installation. In addition to Executive 

Order 12715, Title 10 of the United 

States Code specifies the DoD’s 

authority to issue rules in this area. 

Title 10, U.S.C., section 2606 states: 

The Secretary may collaborate with 

qualified scouting organizations in 

establishing and providing facilities and 

services for members of the armed 

forces and their dependents, and 

civilian employees of the Department of 

Defense and their dependents, at 

locations outside the United States. 

Qualified scouting organizations may be 

furnished support such as some 

transportation support, available office 

space, warehousing, utilities, supplies 

and a means of communication, without 

charge. The Secretary may reimburse a 

qualified scouting organizations for all 

or part of the pay of an employee of that 

organization for any period during 

which the employee was performing 

services, however any such 

reimbursement may not be made from 

appropriated funds. Employees of a 

qualified scouting organization will not 

be considered to be employees of the 

United States, and the term ‘‘qualified 

scouting organization’’ means the Girl 

Scouts of the United States of America 

and the Boy Scouts of America. 

Title 10, U.S.C., section 2554 states: 

The Secretary of Defense is authorized 

to lend to the Boy Scouts of America, for 

the use and accommodation of Scouts, 

Scouters, and officials who attend any 

national or world Boy Scout Jamboree, 

items such as cots, blankets, 

commissary equipment, flags, 

refrigerators, and other equipment and 

without reimbursement. Additionally, 

expendable medical supplies and 

services, as may be necessary or useful 

to the extent that items are in stock and 

items or services are available, can be 

provided at no expense to the United 

States Government for the delivery, 

return, rehabilitation, or replacement of 

such items. Before delivering such 

property, the Secretary of Defense will 

take good and sufficient bond for the 

safe return of such property in good 

order and condition, and the whole 

without expense to the United States. 

The Secretary of Defense is also 

authorized to provide, without expense 

to the United States Government, 

transportation from the United States or 

military commands overseas, and 

return, on vessels of the Military Sealift 

Command or aircraft of the Air Mobility 

Command for Boy Scouts, Scouters, and 

officials certified by the Boy Scouts of 

America, as representing the Boy Scouts 

of America at any national or world Boy 

Scout Jamboree to the extent that such 

transportation will not interfere with the 

requirements of military operations. The 

Secretary of Defense shall take from the 

Boy Scouts of America, a good and 

sufficient bond for the reimbursement to 

the United States, of the actual costs of 

transportation. If a Boy Scout Jamboree 

is held on a military installation, the 

Secretary of Defense may provide 

personnel services and logistical 

support at the military installation in 

addition to the support previously 

stated. Other departments of the Federal 

Government are authorized, under such 

regulations as may be prescribed by the 

Secretary thereof, to provide to the Boy 

Scouts of America equipment and other 

services under the same conditions and 

restrictions prescribed in the preceding 

subsections for the Secretary of Defense. 

The Secretary of Defense shall provide 

at least the same level of support for a 

national or world Boy Scout Jamboree as 

was provided for the preceding national 

or world Boy Scout Jamboree. The 

Secretary of Defense may waive all 

support if it determines that providing 

the support would be detrimental to the 

national security of the United States. 

Title 10, U.S.C., section 2555 

provides: The Secretary of Defense is 

authorized to provide, without expense 

to the United States Government, 

transportation from the United States or 

military commands overseas, and 

return, on vessels of the Military Sealift 

Command or aircraft of the Air Mobility 

Command for Girl Scouts and officials 

certified by the Girl Scouts of the United 

States of America at any International 

World Friendship Event or Troops on 

Foreign Soil meeting which is endorsed 

and approved by the National Board of 

Directors of the Girl Scouts of the 

United States of America and is 

conducted outside of the United States. 

Support is also authorized for United 

States citizen delegates coming from 

outside of the United States to triennial 

meetings of the National Council of the 

Girl Scouts of the United States of 

America, and for the equipment and 

property of Girl Scouts and officials, to 

the extent that such transportation will 

not interfere with the requirements of 

military operations. Before furnishing 

any transportation, the Secretary of 

Defense shall take from the Girl Scouts 

of the United States of America a good 

and sufficient bond for the 

reimbursement to the United States by 

the Girl Scouts of the United States of 

America, of the actual costs of 

transportation furnished. Amounts paid 

to the United States to reimburse it for 

the actual costs of transportation 

furnished will be credited to the current 

applicable appropriations or funds to 

which such costs were charged and 

shall be available for the same purposes 

as such appropriations or funds. 

Executive Order 12715, May 3, 1990, 

55 FR 19051, discusses the cooperation 

and assistance authorized by section 

2606(a) of title 10, and requires the 

Secretary of Defense to issue regulations 

concerning support. 

II. Summary of the Major Provisions of 

the Regulatory Action in Question 

This rule discusses the types of 

support DoD installation commanders 

are authorized to provide, ensures 

appropriated fund (APF) and nonappropriated fund (NAF) assets are used 

correctly, and requires the cost of the 

support provided to be shared by each 

of the Military Services in proportion to 

benefits derived by their members from 

overseas scouting programs. 

III. Costs and Benefits 

Program costs are less than $700,000 

per year, consisting primarily of 

salaries, transportation costs, and 

supplies to support scouting programs 

that directly complement and improve 

quality of life programming for military 

families overseas. 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 226 / Monday, November 24, 2014 / Proposed Rules 69779 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ and Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review’’ 

Executive Orders 13563 and 12866 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distribute impacts, and equity). 

Executive Order 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This rule has been 

designated a ‘‘significant regulatory 

action,’’ although not economically 

significant, under section 3(f) of 

Executive Order 12866. Accordingly, 

the rule has been reviewed by the Office 

of Management and Budget (OMB). 

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

Mandates Reform Act’’ 

Section 202 of the Unfunded 

Mandates Reform Act of 1995 (UMRA) 

(Pub. L. 104–4) requires agencies assess 

anticipated costs and benefits before 

issuing any rule whose mandates 

require spending in any 1 year of $100 

million in 1995 dollars, updated 

annually for inflation. In 2014, that 

threshold is approximately $141 

million. This proposed rule will not 

mandate any requirements for State, 

local, or tribal governments, nor will it 

affect private sector costs. 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C. 601) 

This rule will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

Public Law 96–511, ‘‘Paperwork 

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

This rule does not impose reporting or 

recordkeeping requirements under the 

Paperwork Reduction Act of 1995. 

Executive Order 13132, ‘‘Federalism’’ 

DoD has determined this proposed 

rule would not have federalism 

implications under Executive Order 

13132. It does not have a substantial 

direct effect 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. 

List of Subjects in 32 CFR Part 252 

Military installations, Military 

personnel, Scout organizations. 

Accordingly 32 CFR part 252 is 

proposed to be added to read as follows: 

PART 252—PROFESSIONAL U.S. 

SCOUTING ORGANIZATION 

OPERATIONS AT U.S. MILITARY 

INSTALLATIONS OVERSEAS 

Sec. 

252.1 Purpose. 

252.2 Applicability. 

252.3 Definitions. 

252.4 Policy. 

252.5 Responsibilities. 

252.6 Procedures. 

Authority: Executive Order 12715, 10 

U.S.C. 2606, 2554, and 2555. 

§ 252.1 Purpose. 

This part updates policy and outlines 

fiscal and logistical support that the 

DoD may provide to qualified scouting 

organizations operating on U.S. military 

installations overseas. 

§ 252.2 Applicability. 

This part 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 DoD (referred to collectively in this 

part as ‘‘the DoD Components’’). 

§ 252.3 Definitions. 

These terms and their definitions are 

for the purposes of this part. 

DoD personnel and their families. 

Members of the Military Services and 

their family members and DoD civilian 

employees and their family members. 

Military Services. The Army, Navy, 

Air Force, and Marine Corps. 

Qualified scouting organization. The 

Girl Scouts of the United States of 

America (GSUSA) and the Boy Scouts of 

America (BSA). 

Sponsored organization or sponsored 

council. Scouting organizations or 

councils authorized to operate as 

scouting affiliates on military 

installations. 

§ 252.4 Policy. 

It is DoD policy to cooperate with and 

assist qualified scouting organizations 

in establishing and providing facilities 

and services, within available resources, 

at locations outside the United States to 

support DoD personnel and their 

families in accordance with 10 U.S.C. 

2606, 2554, and 2555 and Executive 

Order 12715, ‘‘Support of Overseas 

Scouting Activities for Military 

Dependents’’. 

§ 252.5 Responsibilities. 

(a) The Under Secretary of Defense for 

Personnel and Readiness (USD(P&R)) 

oversees development and 

implementation of this part. 

(b) DoD Component Heads. The DoD 

Component heads implement this part 

and comply with its provisions. 

(c) Secretary of the Army. In addition 

to the responsibilities in paragraph (b) 

of this section and acting as the DoD 

Executive Agent for DoD support to the 

BSA and GSUSA local councils and 

organizations in areas outside of the 

United States in accordance with DoD 

Directive 1000.26E, ‘‘Support for NonFederal Entities Authorized to Operate 

on DoD Installations’’ (available at 

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

corres/pdf/100026p.pdf), the Secretary 

of the Army: 

(1) Makes policy determinations in 

coordination with the other Military 

Department Secretaries regarding topics 

including, but not limited to, support 

that: 

(i) DoD installation commanders are 

authorized to provide to the scouting 

program and personnel. 

(ii) The scouting organization 

provides to DoD. 

(2) Ensures accountability for 

appropriated fund (APF) and nonappropriated fund (NAF) assets used in 

the support of qualified scouting 

organizations. 

(3) Provides input for and works with 

the scouting organizations in 

establishing the extent and scope of the 

annual scouting programs in support of 

DoD personnel and their families within 

the parameters established in this part 

and available resources. 

(4) Ensures that the cost of the 

support provided is shared by each of 

the Military Services in proportion to 

benefits derived by their members from 

scouting programs overseas. 

§ 252.6 Procedures. 

(a) General Guidance. (1) Support 

provided by DoD and services provided 

by qualified scouting organizations is 

documented in a written agreement and 

signed by the appropriate regional 

combatant commander. Installationspecific support and services are 

documented in a written agreement and 

signed by the installation commander. 

This agreement replaces the need for 

qualified scouting organizations to 

submit individual articles of 

incorporation, written constitutions, 

charters, or articles of agreement to gain 

approval from the installation 

commander to operate on the 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
69780 Federal Register / Vol. 79, No. 226 / Monday, November 24, 2014 / Proposed Rules 

installation as required by DoD 

Instruction 1000.15, ‘‘Procedures and 

Support for Non-Federal Entities 

Authorized to Operate on DoD 

Installations’’ (available at http://

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

100015p.pdf). 

(2) Overseas installation commanders 

may authorize DoD support for qualified 

scouting organizations outside the 

United States when: 

(i) Support is permitted under 

international agreements with the host 

nation, if applicable. 

(ii) Support is permitted pursuant to 

law and DoD issuances. 

(iii) Such support is within the 

capabilities of their respective 

installations. 

(iv) Providing such support will not 

impede fulfillment of the military 

mission. 

(3) Committees composed of 

representatives of the Military Services 

will be formed to review annual 

qualified scouting organization budget 

requirements. 

(4) Overseas scouting committees will 

provide the overseas scouting 

organizations with information on the 

scouting requirements of DoD personnel 

and will monitor and evaluate the 

scouting organizations’ efforts to satisfy 

those requirements. 

(5) Funds raised by the scouting 

organizations, as a non-Federal entity, 

cannot be commingled with NAF funds 

and will be made available for annual 

audits. 

(6) Employees of a qualified scouting 

organization are not considered to be 

U.S. employees, nor an instrumentality 

of the United States for the purpose of 

benefits or entitlements. 

(i) APF is not used to reimburse their 

salaries and benefits. 

(ii) They are not entitled to participate 

in the NAF retirement fund. 

(iii) Serving in those positions does 

not constitute NAF employment credit 

or produce rehire priority. 

(7) These organizations generally are 

not covered under the terms of United 

States’ Status of Forces or other relevant 

agreements with host nations. 

(i) Questions regarding whether 

employees of the scouting organization 

are covered under such agreements 

should be referred to the legal office 

servicing the applicable command. 

Applicability of any relevant agreements 

would be addressed with the host 

nation only by the applicable command, 

and not the organization. 

(ii) To the extent the organization is 

not covered under any relevant 

agreement, host nation laws apply. In all 

cases, the host nation will determine the 

scope and extent of the applicability of 

host nation laws to these employees. 

(b) Funding Guidance. (1) Any APF 

and NAF support provided will be 

programmed and approved on an 

annual basis by the DoD Components. 

NAF support is authorized for youth 

activities programs in accordance with 

DoD Instruction 1015.15, 

‘‘Establishment, Management, and 

Control of Nonappropriated Fund 

Instrumentalities and Financial 

Management of Supporting Resources’’ 

(available at http://www.dtic.mil/whs/

directives/corres/pdf/101515p.pdf) and 

for qualified scouting organizations in 

accordance with paragraph (b)(5) of this 

section. 

(2) APF may be used in conjunction 

with overseas scouting organizations. 

The following services may be provided 

on a non-reimbursable basis: 

(i) Transportation of executive 

personnel (to include household goods 

and baggage) of qualified scouting 

organizations: 

(A) When on invitational travel 

orders. 

(B) To and from overseas assignments. 

(C) While providing scouting support 

to DoD personnel and their families. 

Transportation of supplies of qualified 

scouting organizations necessary to 

provide such support may also be 

provided. 

(ii) Office space where regular 

meetings can be conducted, and space 

for recreational activities. 

(iii) Warehousing. 

(iv) Utilities. 

(v) Means of communication. 

(3) DoD may provide the following 

additional support to scouting 

executives assigned overseas: 

(i) Pursuant to section API 3.18 of 

DoD 4525.6–M, ‘‘Department of Defense 

Postal Manual’’ (available at http://

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

452506m.pdf), access to use Military 

Services postal services is authorized. 

(ii) Pursuant to section 4.3.2.2.2 of 

Department of Defense Education 

Activity Regulation 1342.13, ‘‘Eligibility 

Requirements for Education of 

Elementary and Secondary School-age 

Dependents in Overseas Areas’’ 

(available at http://www.dodea.edu/

Offices/Regulations/index.cfm), access 

to DoD Dependents Schools (overseas) 

may be provided on a space-available, 

tuition-paying basis. 

(iii) Pursuant to DoD Instruction 

1000.11, ‘‘Financial Institutions on DoD 

Installations’’ (available at http://

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

100011p.pdf), use of military banking 

facilities operated under DoD contracts 

is authorized. 

(iv) Pursuant to DoD Instruction 

1015.10, ‘‘Military Morale, Welfare, and 

Recreation (MWR) Programs’’ (available 

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

corres/pdf/101510p.pdf), the use of 

morale, welfare, and recreation 

programs may be provided. 

(v) Pursuant to DoD Instruction 

1000.13, ‘‘Identification (ID) Cards for 

Members of the Uniformed Services, 

Their Dependents, and Other Eligible 

Individuals’’ (available at http://

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

100013p.pdf), medical care in 

uniformed services facilities on a spaceavailable basis at rates specified in 

uniformed services instructions, with 

charges collected locally, is authorized. 

(vi) Pursuant to Office of Management 

and Budget Circular A–45, ‘‘Rental and 

Construction of Government Quarters’’ 

(available at http://

www.whitehouse.gov/omb/circulars_

a045) and subparagraph 2.c(1)(e) of DoD 

4165.63–M, ‘‘DoD Housing 

Management’’ (available at http://

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

416563m.pdf), when DoD-sponsored 

civilian personnel serving DoD military 

installations at foreign locations cannot 

obtain suitable housing in the vicinity of 

an installation, they and their families 

may occupy DoD housing on a rental 

basis. The Military Service determines 

the priority of such leasing actions. 

These civilians are required to pay the 

established rental rate in accordance 

with DoD 4165.63–M and Military 

Service guidance. 

(vii) Pursuant to DoD Instruction 

1330.17, ‘‘Armed Forces Commissary 

Operations’’ (available at http://

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

133017p.pdf), overseas installation 

commanders or Secretaries of the 

Military Departments may extend 

commissary access through official 

support agreements. 

(viii) Pursuant to DoD Instruction 

1330.21, ‘‘Armed Forces Exchange 

Regulations’’ (available at http://

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

133021p.pdf), the Secretaries of the 

Military Departments may grant Armed 

Forces Exchange deviations with regard 

to authorized patron privileges for 

individuals or classes and groups of 

persons at specific installations when 

based on alleviating individual 

hardships. 

(4) NAF may be used in conjunction 

with qualified scouting organizations to: 

(i) Reimburse for salaries and benefits 

of employees of those organizations for 

periods during which their professional 

scouting employees perform services in 

overseas areas in direct support of DoD 

personnel and their families. 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 226 / Monday, November 24, 2014 / Proposed Rules 69781 

1Postal Accountability and Enhancement Act 

(PAEA), Pub. L. 10–435, 120 Stat. 3198 (2006). 

2 Docket No. RM2007–1, Order Establishing 

Ratemaking Regulations for Market Dominant and 

Competitive Products, October 29, 2007 (Order No. 

43). 

3 Docket No. RM2007–1, Order Proposing 

Regulations to Establish a System of Ratemaking, 

August 15, 2007, at 2 (Order No. 26). 

4The Commission also observed there were 

implicit exclusions as well, such as updates that 

might be governed by other rules such as changes 

to rates and fees. Id. 

(ii) Reimburse travel to and from 

official meetings of the overseas 

scouting committee upon approval from 

the appropriate combatant commander. 

(5) The total amount of NAF support 

for the scouting program must not 

exceed 70 percent of the total cost of the 

scouting program. 

Dated: November 18, 2014. 

Aaron Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2014–27665 Filed 11–21–14; 8:45 am] 

BILLING CODE 5001–06–P 

POSTAL REGULATORY COMMISSION 

39 CFR Part 3020 

[Docket No. RM2015–6; Order No. 2250] 

Changes or Corrections to Mail 

Classification Schedule 

AGENCY: Postal Regulatory Commission. 

ACTION: Proposed rulemaking. 

SUMMARY: The Commission is proposing 

rules addressing changes and 

corrections to the Mail Classification 

Schedule (MCS). The proposed rules 

establish separate procedures for 

material changes in services offered in 

connection with products and 

corrections to product descriptions. The 

primary purposes of the proposed rules 

are to ensure that the MCS accurately 

describes the current product offerings 

of the Postal Service and to ensure 

compliance with the relevant statutory 

provisions when material changes to 

product offerings are made. The 

Commission invites public comment on 

the proposals. 

DATES: Comments are due: December 

24, 2014. Reply comments are due: 

January 8, 2015. 

ADDRESSES: Submit comments 

electronically via the Commission’s 

Filing Online system at http://

www.prc.gov. Those who cannot submit 

comments electronically should contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section by 

telephone for advice on filing 

alternatives. 

FOR FURTHER INFORMATION CONTACT: 

David A. Trissell, General Counsel, at 

202–789–6820. 

SUPPLEMENTARY INFORMATION: 

Regulatory History 

72 FR 63662, November 9, 2007. 

Table of Contents 

I. Introduction 

II. Background 

III. Proposed Rules 

IV. Explanation of Proposed Rules 

V. Comments Requested 

VI. Ordering Paragraphs 

I. Introduction 

With this Notice of Proposed 

Rulemaking, the Commission requests 

comments and suggestions on proposed 

rules regarding requests to change or 

correct the Mail Classification Schedule 

(MCS). 

The primary purposes of this 

rulemaking are to ensure that the MCS 

accurately describes the current product 

offerings of the Postal Service and to 

ensure compliance with the relevant 

provisions of title 39 of the United 

States Code when material changes to 

product offerings are made. The 

proposed rules also are intended to 

provide the Commission with additional 

flexibility to ensure that the Postal 

Service is filing under the appropriate 

subpart of part 3020 of title 39 of the 

Code of Federal Regulations. 

After the passage of the Postal 

Accountability and Enhancement Act 

(PAEA) in 2006,1 the Commission 

issued regulations to implement PAEA’s 

modern system of rate regulation, 

including regulations on the procedures 

to follow in changing the product lists 

and MCS.2 In proposing the modern 

system of rate regulation, the 

Commission cautioned that the intent is 

that these regulations provide a 

reasonable starting point and that will 

they evolve over time.3

As the Postal Service and Commission 

have used the current regulatory scheme 

to make modifications to the product 

lists and changes to the MCS, a 

procedural gap has been identified. 

Remedying this procedural gap should 

make the process operate better. 

The current regulations have not 

satisfactorily addressed MCS changes 

that are more significant than minor 

corrections to the MCS but do not rise 

to the level of a product list 

modification. In these cases, the current 

regulations regarding the filing 

requirements sometimes do not provide 

the Commission with sufficient 

information to make the necessary 

determination as to whether an MCS 

change is appropriate. As a result, the 

Commission has undertaken additional 

questioning during the proceedings, 

leading to the expenditure of additional 

resources by the Commission, the Postal 

Service, and other interested persons. 

The use of this additional inquiry 

process in such cases has also 

complicated the Commission’s review. 

These regulations are designed to 

clarify and streamline the process by 

specifying that the Postal Service 

provide all of the necessary information 

for the Commission to make its 

determination on such requests at the 

outset of the proceeding. 

II. Background 

The Commission is charged with 

maintaining accurate product lists. See 

39 U.S.C. 3642. In Docket No. RM2007– 

1, the Commission promulgated rules 

establishing the MCS as the vehicle for 

presenting the product lists with 

necessary descriptive content. Order No. 

26 at 85. Those rules are codified at 39 

CFR part 3020. Subpart A describes the 

contents of the MCS and provides for its 

publication in the Federal Register. 

Subparts B, C, and D specify the 

procedures whereby the Postal Service, 

mail users, and the Commission may 

seek to modify the product lists in the 

MCS. Subpart E specifies procedures 

that allow the Postal Service to update 

provisions of the MCS with minimal 

Commission review. Order No. 26 at 97. 

Subpart F establishes that size and 

weight limitations appear in the MCS 

and provides procedures for Postal 

Service updates to those limits. 

This proposed rulemaking concerns 

subpart E. In its order proposing the 

rules that are codified at part 3020, the 

Commission explained that subpart E 

requires the Postal Service to ensure 

that product descriptions in the MCS 

accurately reflect the current offerings of 

Postal Service products and services. Id. 

The Commission accordingly proposed 

procedures whereby the Postal Service 

could submit corrections to product 

descriptions so that the Commission 

could update the MCS. Id. The 

Commission recognized that there are 

inherent limits in the scope or 

magnitude of an update allowable under 

subpart E. It indicated that updates that 

would modify the market dominant or 

the competitive product lists are 

specifically excluded from subpart E.4

The Commission concluded that a 

proposed update may not change the 

nature of a service to such an extent that 

it effectively creates a new product or 

eliminates an existing product. Id. 

In comments on the proposed rules, 

McGraw-Hill and Valpak expressed 


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