Federal Register / Vol. 77, No. 74 / Tuesday, April 17, 2012 / Rules and Regulations 22671 

Export Information (EEI) must be the 

same as the foreign consignee or enduser of record named at the time of 

import; 

(3) A stated in § 126.1 of this 

subchapter, the temporary import must 

not be from or on behalf of a proscribed 

country, area, or person listed in that 

section unless an exception has been 

granted in accordance with § 126.3 of 

this subchapter; and 

(4) The foreign exporter must not 

require documentation of U.S. 

Government approval of the temporary 

import. If the foreign exporter requires 

documentation for a temporary import 

that qualifies for an exemption under 

this subchapter, the U.S. importer will 

not be able to claim the exemption and 

is required to obtain a DSP–61 

Application/License for Temporary 

Import of Unclassified Defense Articles. 

* * * * * 

■ 8. Section 123.25 is amended by 

revising paragraph (b) to read as follows: 

§ 123.25 Amendments to licenses. 

* * * * * 

(b) The following types of 

amendments to a license will be 

considered: Addition of U.S. freight 

forwarder or U.S. consignor; change due 

to an obvious typographical error; 

change in source of commodity; and 

change of foreign intermediate 

consignee if that party is only 

transporting the equipment and will not 

process (e.g., integrate, modify) the 

equipment. For changes in U.S. dollar 

value see § 123.23. 

* * * * * 

Dated: April 6, 2012. 

Rose E. Gottemoeller, 

Acting Under Secretary, Arms Control and 

International Security, Department of State. 

[FR Doc. 2012–9081 Filed 4–16–12; 8:45 am] 

BILLING CODE 4710–25–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 183 

[DOD–2009–OS–0039; RIN 0790–AI55] 

Defense Support to Special Events 

AGENCY: Department of Defense. 

ACTION: Final rule. 

SUMMARY: This 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: This rule is effective May 17, 

2012. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Carol Corbin, 571–256–8319. 

SUPPLEMENTARY INFORMATION: The 

Department of Defense published a 

proposed rule on November 26, 2010 

(75 FR 72767–72771). One comment 

was received and addressed below: 

Comment: ‘‘This comment pertains to 

Page 72770, Section A(iiii)G reference to 

DOD support to the ‘‘National Boy Scout 

Jamboree’’. Recommend that DOD not 

support this event. The Boy Scouts of 

America are an organization that 

discriminates based on sex, sexual 

orientation, and religion. DOD support 

is contrary to policies of state 

governments and the federal 

government. Material support is against 

the general principle of separation of 

church and state and the important 

elements of the constitution of the 

United States. DOD support essentially 

demonstrates an ‘‘establishment of 

religion’’ and is contrary to antidiscrimination policys [sic].’’ 

Response: The Department of Defense 

has valid statutory authority, 10 U.S.C. 

2554, for providing support to the Boy 

Scout jamboree. 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ and Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory 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 tribal governments or 

communities; 

(2) Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency; 

(3) Materially alter the budgetary 

impact of entitlements, grants, user fees, 

or loan programs, or the rights and 

obligations of recipients thereof; or 

(4) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in these Executive Orders. 

Sec. 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 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 et seq.) 

It has been certified that 32 CFR part 

183 is not subject to the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) 

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. 

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 

added to subchapter I 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. 1385, 18 U.S.C. 3056, 31 U.S.C. 

1535–1536, 32 U.S.C. 502, 32 U.S.C. 508, 

Pub. L. 94–524, and Section 5802 of Pub. L. 

104–208, as amended. 

§ 183.1. Purpose. 

This part: 


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(a) Establishes DoD policy, assigns 

responsibilities, and provides 

procedures for support of civil 

authorities and qualifying entities 

during the conduct of special events in 

accordance with the authority in DoD 

Directive (DoDD) 5111.1 (see http:// 

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

511101p.pdf) and the Deputy Secretary 

of Defense Memorandum, ‘‘Delegations 

of Authority,’’ November 30, 2006 

(available by written request to Deputy 

Secretary of Defense, 1010 Defense 

Pentagon, Washington, DC 20301–1010). 

This support will be referred to as 

‘‘support of special events.’’ 

(b) Implements provisions of DoDD 

5111.1; the Deputy Secretary of Defense 

Memorandum, ‘‘Delegations of 

Authority,’’ November 30, 2006; title 2, 

United States Code (U.S.C.), sections 

1966 and 1970; title 10, U.S.C., sections 

372–374, 377, 2012, 2553–2555, and 

2564; title 18, U.S.C. sections 1385 and 

3056; title 31, U.S.C., sections 1535– 

1536; title 32, U.S.C., sections 502 and 

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, 

including support for qualifying 

entities. 

§ 183.2. Applicability and scope. 

(a) Applies to the Office of the 

Secretary of Defense (OSD), the Military 

Departments, the Office of the Chairman 

of the Joint Chiefs of Staff (CJCS) 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, National Guard personnel 

providing support of special events in 

title 32, U.S.C., status, and all other 

organizational entities in DoD 

(hereinafter referred to collectively as 

the ‘‘DoD Components’’). 

(b) Does not apply to installation 

commanders or Heads of DoD 

Components providing localized 

support to a special event solely under 

the auspices of community relations, 

public outreach, or recruitment efforts 

pursuant to DoDD 5410.18 (see http:// 

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

541018p.pdf) and DoD Instruction 

(DoDI) 5410.19 (see http://www.dtic.mil/ 

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

or other similar authority. 

§ 183.3. Definitions. 

Unless otherwise noted, 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/new_pubs/ 

jp1_02.pdf.) 

Integrated Federal Support Overview 

(IFSO). A collaborative effort of the 

Special Events Working Group. The 

purpose of the IFSO 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). An event of national 

significance as determined by the 

Secretary of Homeland Security. These 

national or international events, 

occurrences, contests, activities, or 

meetings, which, by virtue of their 

profile or status, represent a significant 

target, and therefore warrant additional 

preparation, planning, and mitigation 

efforts. The USSS, FBI, and FEMA are 

the Federal agencies with lead 

responsibilities for NSSEs; other Federal 

agencies, including DoD, may provide 

support to the NSSE if authorized by 

law. 

NSSE Executive Steering Committee. 

Established when the Secretary of 

Homeland Security designates a specific 

event to be an NSSE. The group, led by 

the USSS, comprises 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 other logistical support or 

assistance from the Department of 

Defense. Event status is not determined 

by the Department of Defense, 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 DHS 

(including the USSS and FEMA) and the 

FBI, and comprises representatives from 

more than 40 Federal departments and 

agencies, including the Department of 

Defense, the Departments of Homeland 

Security, Justice, State, Energy, Labor, 

Health and Human Services, and 

Commerce, 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)). 

§ 183.4. Policy. 

It is DoD policy that: 

(a) DoD capabilities may be used to 

provide support for international and 

domestic special events as authorized 

by law and 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 the Department of 

Defense is the only source of specialized 

capabilities. DoD support should not be 

provided if use of commercial 

enterprises would be more appropriate. 

(b) DoD Components shall provide 

support to civil authorities or qualifying 

entities for special events only as 

authorized in this part. 

(c) The Department of Defense may 

support such events with personnel, 

equipment, and services in accordance 

with applicable laws, regulations, and 

interagency agreements. Most support 

shall be provided on a non-interference 

basis, with careful consideration given 

to effects on readiness and current 

operations. Support for National Special 

Security Events (NSSEs) shall be in 

accordance with National Security 

Presidential Directive-46/Homeland 

Security Presidential Directive-15, 

Annex II. 

(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 applicable statutes and 

policy guidance. 

(e) Funding for special events is 

subject to the following: 

(1) The Department of Defense may 

receive separate funding or authority to 

provide support to specific special 

events. 


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(2) Support of 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., 

sections 377, 2553–2555, and 2564; title 

31, U.S.C., sections 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) The DoD will provide support to 

NSSEs in accordance with HSPD 15/ 

NSPD 46, as authorized by law and 

policy. 

(5) 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 support of special events that 

includes support to civilian law 

enforcement officials must comply with 

DoDD 5525.5 (see http://www.dtic.mil/ 

whs/directives/corres/pdf/552505p.pdf). 

(g) DoD support of special events that 

includes support to civilian intelligence 

officials must comply with DoD 5240.1– 

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

directives/corres/pdf/524001r.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 CJCS, 

oversee the management and 

coordination of DoD support of special 

events including events covered under 

title 10, U.S.C., section 2564. 

(2) Serve as the principal civilian 

advisor to the Secretary of Defense and 

the USD(P) on DoD support of special 

events. 

(3) In accordance with DoDD 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 of special events. Such 

requests shall be coordinated with 

appropriate offices within OSD, with 

the CJCS, and with the heads of 

appropriate DoD Components. The 

ASD(HD&ASA) will immediately notify 

the Secretary of Defense and the USD(P) 

when this authority is exercised. 

(4) Coordinate, or consult on, special 

event support policy with other Federal 

departments and agencies (which may 

include the Department of Homeland 

Security (DHS), the Federal Bureau of 

Investigation (FBI), the U.S. Secret 

Service (USSS), and the Federal 

Emergency Management Agency 

(FEMA)) and with other qualifying 

entities as appropriate. 

(5) Develop, coordinate, and oversee 

the implementation of DoD support of 

special events. 

(6) Through the CJCS, monitor the 

activation, deployment, and 

employment of DoD personnel, 

facilities, and other resources involved 

in DoD support of special events. 

(7) Coordinate DoD support of special 

events with the General Counsel of the 

Department of Defense (GC, DoD) and 

the Under Secretary of Defense 

(Comptroller)/Chief Financial Officer, 

Department of Defense (USD(C)/CFO). 

(8) Coordinate with the Assistant 

Secretary of Defense for Public Affairs 

(ASD(PA)) to ensure that information 

relating to DoD support of special events 

receives appropriate dissemination 

using all approved media. 

(9) Represent the Department of 

Defense regarding special events to 

other Federal departments and agencies, 

State and local authorities, and 

qualifying entities, including 

designating the Department of Defense 

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, 

notify the congressional defense 

committees of DoD 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 

Department 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 of 

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 of 

special events, and provide advice 

regarding the effect on the DoD budget 

and on DoD financial resources. 

(2) Maintain the SISC Defense 

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 

logistical support of special events. 

(f) The GC, DoD shall coordinate and 

provide legal counsel on DoD support of 

special events. 

(g) The ASD(PA) shall provide policy 

guidance and review, coordinate, and 

approve requests for ceremonial and 

entertainment support for special events 

covered by this part, in accordance with 

DoDD 5410.18 (see http://www.dtic.mil/ 

whs/directives/corres/pdf/541018p.pdf), 

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

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

and DoDD 5122.05 (see http:// 

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

512205p.pdf). 

(h) The Heads of the DoD Components 

shall: 

(1) Designate and maintain an office 

of primary responsibility (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. Changes to OPR 

designation and contact information 

shall be provided to the CJCS within 30 

days of the change. 

(2) Provide personnel, equipment, and 

support of special events as directed. 

(3) Ensure that personnel supporting 

special events comply with applicable 

antiterrorism and force protection 

training and standards. 

(4) Provide other support of special 

events as directed. 

(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 of special events and, in 

coordination with the USD(P&R), 


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provide advice on the effect that the 

requested support will have on 

readiness and military operations. 

(3) Prepare, staff, and issue orders and 

messages on DoD support of 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 

of special events. 

(6) Maintain sufficient staff to manage 

the day-to-day operational aspects of 

DoD support of special events. 

(7) Manage and maintain equipment 

that is procured to support DoD 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. 2553, 2554, and 2564. 

(iv) Procure goods and services 

through contracting, when necessary 

and authorized by law. 

(8) Administer the expenditure of 

appropriated funds, and ensure that the 

Department of Defense is reimbursed for 

its support of special events when 

required by law or DoD policy. 

(i) With the assistance of the 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 of 

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 of special 

events as directed. 

(j) 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 

communications for all matters 

pertaining to the National Guard 

between DoD Components and the 

States in accordance with DoDD 5105.77 

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

corres/pdf/510577p.pdf). 

(2) Report National Guard special 

event support of civil authorities or 

qualifying entities when using Federal 

resources, equipment, or funding to the 

National Joint Operations and 

Intelligence Center. 

(3) Serve as an advisor to the 

Combatant Commanders on National 

Guard matters pertaining to the 

combatant command missions, and 

support planning and coordination for 

DoD support of special events as 

requested by the CJCS or the Combatant 

Commanders. 

(4) Ensure that National Guard 

appropriations are appropriately 

reimbursed for special event activities. 

(5) Advocate for needed special event 

capabilities. 

(6) Develop, in accordance with DoDD 

5105.77 and in coordination with the 

Secretaries of the Army and Air Force 

and the ASD(HD&ASA), guidance 

regarding this part as it relates to 

National Guard matters. 

§ 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 

request for assistance (RFA), 

representatives of the 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 DoD Executive Secretary, requesting 

DoD support for a special event. 

(iii) Once an RFA is received, it will 

be sent to the 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 National Special Security 

Events (NSSEs) and events that may 

require the employment of military 

forces and centralized command and 

control, the CJCS will issue a planning 

order requesting a Combatant 

Commander to initiate planning and 

notify potential supporting commands 

or 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. 

(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 

DHS, the USSS and the FBI 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 

(which includes a non-voting DoD 

member), 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.gpo.gov/fdsys/pkg/PPP-2003- 

book2/pdf/PPP-2003-book2-docpg1739.pdf). 

(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 


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Federal Register / Vol. 77, No. 74 / Tuesday, April 17, 2012 / Rules and Regulations 22675 

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 DoDI 

5410.19. 

(v) The Department of Defense 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 

the SISC Defense Account pursuant to 

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) Other international or domestic 

Paralympic sporting events that are held 

in the United States or its territories, 

governed by the International 

Paralympic Committee, and sanctioned 

by the USOC: 

(1) For which participation exceeds 

100 amateur athletes. 

(2) In which at least 10 percent of the 

athletes participating in the sporting 

event are either members or former 

members of U.S. Military Services who 

are participating in the sporting event 

based upon an injury or wound incurred 

in the line of duty 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 of Defense, 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 the Department of 

Defense, in accordance with the 

provisions of title 10 U.S.C. 377, 2553– 

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

1536; 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, DHS, the Department of Health 

and Human Services, and in 

consultation with appropriate State and 

local authorities). 

(viii) DoD personnel support of 

special events is provided using a total 

force sourcing solution that may include 

Active Duty and Reserve Component 

military personnel, DoD civilian 

personnel, and DoD contractor 

personnel. The Department of Defense 

also may decide to respond to requests 

for assistance by approving, with the 

consent of the Governor(s) concerned, 

National Guard forces performing duty 

pursuant to title 32 U.S.C. 502. 

(A) National Guard personnel 

conducting support of special events 

while on State active duty, at the 

direction of their Governor or Adjutant 

General, are not considered to be 

providing DoD support of special 

events. 

(B) This part does not limit or affect 

Department of Defense and National 

Guard personnel volunteering to 

support special events during their nonduty time. This volunteer support is not 

considered as part of DoD support of 

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 of special events will 

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 at the 

departmental level between the 

Department of Defense and other 

Federal departments or agencies is the 

responsibility of the ASD(HD&ASA). 

Other DoD Components may send 

representatives to these meetings with 

the prior concurrence of the 

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 within the 

Department of Defense 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. 

(C) The CJCS will work with the 

Military Service Chiefs, the Chief of the 

National Guard Bureau, 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 the 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 

qualifying entities. 

(B) RFAs will be in writing and 

addressed to the Secretary of Defense, 

the Deputy Secretary of Defense, or the 


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22676 Federal Register / Vol. 77, No. 74 / Tuesday, April 17, 2012 / Rules and Regulations 

DoD Executive Secretary, 1000 Defense, 

Pentagon, Washington, DC 20301–1000. 

DoD Components who receive RFAs 

directly from the requestor will 

immediately forward them to the DoD 

Executive Secretary for disposition, 

distribution, and tracking. 

(C) At a minimum, the RFA will be 

distributed to the ASD(HD&ASA) and 

the CJCS for staffing and 

recommendation. If the RFA is for a 

single capability for which a DoD 

Component is the OPR or serves as a 

DoD Executive Agent, the RFA is sent to 

that Component for action with an 

information copy provided to the 

ASD(HD&ASA) and the CJCS. 

(D) Vetting of RFAs will be in 

accordance with the DoD Global Force 

Management process and consistent 

with criteria published in DoD 8260.03– 

M, Volume 2 (see http://www.dtic.mil/

whs/directives/corres/pdf/826003m_

vol2.pdf). 

(E) Heads of DoD Components will 

consult with the DoD Executive 

Secretary on which DoD official will 

communicate DoD special event support 

decisions to the requesting authorities. 

(4) Execution. Execution of DoD 

support of 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 may 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 joint military 

forces required and there is no need for 

centralized command and control, DoD 

support of 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). 

(iii) As described in the Joint Action 

Plan for Developing Unity of Effort, 

when Federal military forces and State 

military forces are employed 

simultaneously in support of civil 

authorities in the United States, 

appointment of a dual-status 

commander is the usual and customary 

command and control arrangement. 

Appointment of a dual-status 

commander requires action by the 

President and the appropriate Governor 

(or their designees). 

(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(i)(7) of this part. 

(ii) An after-action report shall be 

produced by the Combatant Command 

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

and the CJCS within 60 days of 

completion of the event. 

Dated: April 6, 2012. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. 2012–9148 Filed 4–16–12; 8:45 am] 

BILLING CODE 5001–06–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2008–0359; FRL–9639–5] 

Revisions to the Arizona State 

Implementation Plan, Pinal County Air 

Quality Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing a limited 

approval and limited disapproval of a 

revision to the Pinal County Air Quality 

Control District portion of the Arizona 

State Implementation Plan (SIP). This 

action was proposed in the Federal 

Register on June 18, 2001 and concerns 

particulate matter (PM) emissions from 

stationary sources. Under authority of 

the Clean Air Act as amended in 1990 

(CAA or the Act), this action 

simultaneously approves a local rule 

that regulates these emission sources 

and directs Arizona to correct rule 

deficiencies. 

DATES: Effective Date: This rule is 

effective on May 17, 2012. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2008–0359 for 

this action. Generally, documents in the 

docket for this action are available 

electronically at http:// 

www.regulations.gov or in hard copy at 

EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed at 

http://www.regulations.gov, some 

information may be publicly available 

only at the hard copy location (e.g., 

copyrighted material, large maps, multivolume reports), and some may not be 

available in either location (e.g., 

confidential business information 

(CBI)). To inspect the hard copy 

materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Christine Vineyard, EPA Region IX, 

(415) 947–4125, 

vineyard.christine@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. Proposed Action 

On June 18, 2001 (66 FR 32783), EPA 

proposed a limited approval and limited 

disapproval of the following rule that 

was submitted for incorporation into the 

Arizona SIP. 

Local agency Rule No. Rule title Adopted Submitted 

PCAPCD ........... 5–24–1032 Federal Enforceable Minimum Standard of Performance-Process 

Particulate Emissions.

02/22/95 11/27/95 

We proposed a limited approval 

because we determined that this rule 

improves the SIP and is largely 

consistent with the relevant CAA 

requirements. We simultaneously 

proposed a limited disapproval because 

some rule provisions conflict with 

section 110 and part D of the Act. These 

provisions include the following: 

1. The rule enforceability is limited, 

because it does not contain periodic 

monitoring requirements. 

2. The rule does not state the test 

method for PM. 

3. The rule allows discretion of the 

Control Officer to determine whether 

the manner of control of fugitive 

emissions is satisfactory. 


wreier-aviles on DSK5TPTVN1PROD with RULES