21256 Federal Register / Vol. 78, No. 69 / Wednesday, April 10, 2013 / Rules and Regulations 

(i) Antidumping or countervailing 

duty investigations. All submissions of 

factual information to value factors of 

production under § 351.408(c) in an 

antidumping investigation, or to 

measure the adequacy of remuneration 

under § 351.511(a)(2) in a countervailing 

duty investigation, are due no later than 

30 days before the scheduled date of the 

preliminary determination; 

(ii) Administrative review, new 

shipper review, or changed 

circumstances review. All submissions 

of factual information to value factors 

under § 351.408(c), or to measure the 

adequacy of remuneration under 

§ 351.511(a)(2), are due no later than 30 

days before the scheduled date of the 

preliminary results of review; and 

(iii) Expedited antidumping review. 

All submissions of factual information 

to value factors under § 351.408(c) are 

due on a date specified by the Secretary. 

(iv) Rebuttal, clarification, or 

correction of factual information 

submitted to value factors under 

§ 351.408(c) or to measure the adequacy 

of remuneration under § 351.511(a)(2). 

An interested party is permitted one 

opportunity to submit publicly available 

information to rebut, clarify, or correct 

such factual information submitted 

pursuant to § 351.408(c) or 

§ 351.511(a)(2) 10 days after the date 

such factual information is served on 

the interested party. An interested party 

may not submit additional, previously 

absent-from-the-record alternative 

surrogate value information under this 

subsection. Additionally, all factual 

information submitted under this 

subsection must be accompanied by a 

written explanation identifying what 

information already on the record of the 

ongoing proceeding the factual 

information is rebutting, clarifying, or 

correcting. Information submitted to 

rebut, clarify, or correct factual 

information submitted pursuant to 

§ 351.408(c) will not be used to value 

factors under § 351.408(c). 

(4) Factual information placed on the 

record of the proceeding by the 

Department. The Department may place 

factual information on the record of the 

proceeding at any time. An interested 

party is permitted one opportunity to 

submit factual information to rebut, 

clarify, or correct factual information 

placed on the record of the proceeding 

by the Department by a date specified 

by the Secretary. 

(5) Factual information not directly 

responsive to or relating to paragraphs 

(c)(1)–(4) of this section). Paragraph 

(c)(5) applies to factual information 

other than that described in 

§ 351.102(b)(21)(i)–(iv). The Secretary 

will reject information filed under 

paragraph (c)(5) that satisfies the 

definition of information described in 

§ 351.102(b)(21)(i)–(iv) and that was not 

filed within the deadlines specified 

above. All submissions of factual 

information under this subsection are 

required to clearly explain why the 

information contained therein does not 

meet the definition of factual 

information described in 

§ 351.102(b)(21)(i)–(iv), and must 

provide a detailed narrative of exactly 

what information is contained in the 

submission and why it should be 

considered. The deadline for filing such 

information will be 30 days before the 

scheduled date of the preliminary 

determination in an investigation, or 14 

days before verification, whichever is 

earlier, and 30 days before the 

scheduled date of the preliminary 

results in an administrative review, or 

14 days before verification, whichever is 

earlier. 

(i) Upon receipt of factual information 

under this subsection, the Secretary will 

issue a memorandum accepting or 

rejecting the information and, to the 

extent practicable, will provide written 

notice stating the reasons for rejection. 

(ii) If the Secretary accepts the 

information, the Secretary will issue a 

schedule providing deadlines for 

submission of factual information to 

rebut, clarify or correct the factual 

information. 

[FR Doc. 2013–08227 Filed 4–9–13; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 226 

[DOD–2012–OS–0041] 

RIN 0790–AI88 

Shelter for the Homeless 

AGENCY: Office of the Under Secretary of 

Defense for Acquisition, Technology, 

and Logistics, DoD. 

ACTION: Direct final rule with request for 

comments. 

SUMMARY: The Department of Defense is 

updating current policies and 

procedures for the Defense Shelter for 

the Homeless Program. This direct final 

rule makes nonsubstantive changes to 

the existing rule for this program. The 

amendments correct the authority 

citation throughout the text, update 

organizational titles, and move 

procedures from the policy section into 

a separate procedures section. This rule 

is being published as a direct final rule 

as the Department of Defense does not 

expect to receive any adverse 

comments, and so a proposed rule is 

unnecessary. 

DATES: The rule is effective on June 19, 

2013 unless comments are received that 

would result in a contrary 

determination. Comments will be 

accepted on or before June 10, 2013. 

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, 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. 

Randy Wagner, 703–571–9081. 

SUPPLEMENTARY INFORMATION: 

Direct Final Rule and Significant 

Adverse Comments 

DoD has determined this rulemaking 

meets the criteria for a direct final rule 

because it involves nonsubstantive 

changes dealing with DoD’s 

management of its Shelter for the 

Homeless Program. DoD expects no 

opposition to the changes and no 

significant adverse comments. However, 

if DoD receives a significant adverse 

comment, the Department will 

withdraw this direct final rule with 

publication in the Federal Register. A 

significant adverse comment is one that 

explains: (1) Why the direct final rule is 

inappropriate, including challenges to 

the rule’s underlying premise or 

approach; or (2) why the direct final 

rule will be ineffective or unacceptable 

without a change. In determining 

whether a comment necessitates 

withdrawal of this direct final rule, DoD 

will consider whether it warrants a 

substantive response in a notice and 

comment process. 

Executive Summary 

I. Purpose of the Regulatory Action 

a. The Department of Defense is 

updating current policies and 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 78, No. 69 / Wednesday, April 10, 2013 / Rules and Regulations 21257 

procedures for the Defense Shelter for 

the Homeless Program. 

b. 10 U.S.C. 2556. 

II. Summary of the Major Provisions of 

the Regulatory Action in Question 

The amendments correct the authority 

citation throughout the text, update 

organizational titles, and move 

procedures from the policy section into 

a separate procedures section. 

III. Costs and Benefits 

There is no cost to the public. The 

costs to the Department of Defense for 

implementation of the authorities under 

this rule will include the administrative 

costs to process a request and the cost 

of the services provided incident to the 

furnishing of a shelter. The benefit is 

that homeless individuals will have 

shelter. 

Regulatory Procedures 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ and Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review’’ 

It has been certified that 32 CFR part 

226 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, Public Law 104–4, ‘‘Unfunded 

Mandates Reform Act’’ 

It has been certified that 32 CFR part 

226 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) 

It has been certified that 32 CFR part 

226 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. 

Public Law 96–511, ‘‘Paperwork 

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

It has been certified that this 

amendment rule for 32 CFR part 226 

does not impose additional reporting or 

recordkeeping requirements under the 

Paperwork Reduction Act of 1995. 

Executive Order 13132, ‘‘Federalism’’ 

It has been certified that this rule 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 226 

Armed forces, Federal buildings and 

facilities, Homeless, Intergovernmental 

relations. 

Accordingly, 32 CFR part 226 is 

amended as follows. 

PART 226—AMENDED 

■ 1. The authority citation for part 226 

is revised to read as follows: 

Authority: 10 U.S.C. 2556 

■ 2. Section 226.1 is revised to read as 

follows: 

§ 226.1 Purpose. 

This part implements 10 U.S.C. 2556 

by establishing DoD policy, assigning 

responsibilities, and prescribing 

procedures for providing shelter for the 

homeless on military installations. 

§ 226.5 [Removed] 

■ 3. Remove § 226.5. 

§§ 226.3 and 226.4 [Redesignated as 

§§ 226.4 and 226.5] 

■ 4. Redesignate §§ 226.3 and 226.4 as 

§§ 226.4 and 226.5 respectively. 

■ 5. Newly redesignated 226.4 is 

amended: 

■ a. By revising the section heading; 

■ b. By adding introductory text; 

■ c. By revising paragraph (a); 

■ d. In paragraph (b) by revising ‘‘10 

U.S.C. 2546’’ to read ‘‘10 U.S.C. 2556’’; 

■ e. In paragraph (c) by removing from 

the second sentence ‘‘under the Shelter 

for the Homeless Program’’ and adding 

in its place ‘‘by this program’’ and 

adding a third sentence; 

■ f. In paragraph (d) introductory text by 

revising ‘‘10 U.S.C. 2546’’ to read ‘‘10 

U.S.C. 2556’’; and 

■ g. In paragraph (d)(6) by revising ‘‘10 

U.S.C. 2546’’ to read ‘‘10 U.S.C. 2556’’ 

and removing ‘‘and this part’’ from the 

end of the paragraph. 

The revisions and addition read as 

follows: 

§ 226.4 Procedures. 

It is DoD policy that: 

(a) Shelters for the homeless may be 

established on military installations. 

* * * * * 

(c) * * * Shelter and incidental 

services provided under this part may 

be provided without reimbursement. 

* * * * * 

■ 6. Amend newly redesignated § 226.5: 

■ a. By revising paragraph (a); 

■ b. In paragraph (b) by revising 

‘‘Assistance Secretary’’ to read ‘‘Under 

Secretary’’; 

■ c. By revising paragraph (c)(2); 

■ d. In paragraph (c)(4) by removing 

‘‘Shelter for the Homeless’’ and revising 

‘‘10 U.S.C. 2546 and this part’’ to read 

‘‘10 U.S.C. 2556’’; and 

■ e. In paragraph (d)(3) by revising 

‘‘DASD(I)’’ to read ‘‘DUSD(I&E).’’ 

The revisions read as follows: 

§ 226.5 Responsibilities. 

(a) The Deputy Under Secretary of 

Defense (Installations and Environment) 

(DUSD(I&E)), under the authority, 

direction and control of the Under 

Secretary of Defense for Acquisition, 

Technology, and Logistics, shall 

administer the program and issue such 

supplemental guidance as is necessary. 

* * * * * 

(c) * * * 

(2) Appoint a senior manager to 

monitor the program within the 

Department and to provide any 

assistance that may be required to the 

Office of the Deputy Under Secretary of 

Defense (Installations and Environment) 

(ODUSD(I&E)). Such official, after 

consultation with the ODUSD(I&E), 

shall approve or disapprove all requests 

to establish a shelter in accordance with 

10 U.S.C. 2556 and this part. 

* * * * * 

Dated: February 1, 2013. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. 2013–03420 Filed 4–9–13; 8:45 am] 

BILLING CODE 5001–06–P 

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