Federal Register / Vol. 79, No. 180 / Wednesday, September 17, 2014 / Proposed Rules 55679 

(iii) Lockheed Service Bulletin 382–57–82, 

Revision 2, including Appendices A and B, 

dated February 15, 2007. 

(2) This paragraph restates paragraph (m) 

of AD 2011–09–03, Amendment 39–16665 

(76 FR 22311, April 21, 2011). This 

paragraph provides credit for actions 

required by paragraphs (g), (h), (i), (j), and (k) 

of this AD, if those actions were performed 

before May 26, 2011 (the effective date of AD 

2011–09–03), using Lockheed Service 

Bulletin 382–57–82, Revision 3, including 

Appendixes A, B, and C, dated April 25, 

2008. 

(3) This paragraph provides credit for 

actions required by paragraphs (g), (h), (i), (j), 

(k), (m), (n), and (o) of this AD, if those 

actions were performed before the effective 

date of this AD using Lockheed Service 

Bulletin 382–57–82, including Appendices 

A, B, and C, Revision 5, dated August 12, 

2010. 

(q) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Atlanta Aircraft 

Certification Office, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

In accordance with 14 CFR 39.19, send your 

request to your principal inspector or local 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the ACO, send it to the 

attention of the person identified in 

paragraph (r)(2) of this AD. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/

certificate holding district office. 

(3) AMOCs approved for AD 2011–09–03, 

Amendment 39–16665 (76 FR 22311, April 

21, 2011), are approved as AMOCs for the 

corresponding provisions of this AD. 

(r) Related Information 

(1) For more information about this AD, 

contact Carl Gray, Aerospace Engineer, 

Airframe Branch, ACE–117A, FAA, Atlanta 

Aircraft Certification Office (ACO), 1701 

Columbia Avenue, College Park, Georgia 

30337; phone: 404–474–5554; fax: 404–474– 

5606; email: carl.w.gray@faa.gov. 

(2) For information about AMOCs, contact 

Hal Horsbough, Aerospace Engineer, 

Airframe Branch, ACE–117A, FAA, Atlanta 

Aircraft Certification Office (ACO), 1701 

Columbia Avenue, College Park, Georgia 

30337; phone: 404–474–5554; fax: 404–474– 

5606; email: hal.horsbough@faa.gov. 

(3) For service information identified in 

this AD, contact Lockheed Martin 

Corporation/Lockheed Martin Aeronautics 

Company, Airworthiness Office, Dept. 6A0M, 

Zone 0252, Column P–58, 86 S. Cobb Drive, 

Marietta, GA 30063; telephone 770–494– 

5444; fax 770–494–5445; email ams.portal@

lmco.com; Internet http:// 

www.lockheedmartin.com/ams/tools/ 

TechPubs.html. You may view this 

referenced service information at the FAA, 

Transport Airplane Directorate, 1601 Lind 

Avenue SW., Renton, WA. For information 

on the availability of this material at the 

FAA, call 425–227–1221. 

Issued in Renton, Washington, on 

September 9, 2014. 

Jeffrey E. Duven, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2014–22149 Filed 9–16–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 238 

[Docket ID: DOD–2012–OS–0075] 

RIN 0790–AI90 

DoD Assistance to Non-Government, 

Entertainment-Oriented Media 

Productions 

AGENCY: Office of the Assistant to the 

Secretary of Defense for Public Affairs, 

DoD. 

ACTION: Proposed rule. 

SUMMARY: This rule establishes policy, 

assigns responsibilities, and prescribes 

procedures for DoD assistance to nonGovernment entertainment media 

productions such as feature motion 

pictures, episodic television programs, 

documentaries, and computer-based 

games. This rule provides for oversight 

of production assistance decisions at 

centralized and senior levels of DoD to 

ensure consistency of approach among 

DoD and Service components with 

respect to support for entertainment 

media productions, including 

documentaries. 

DATES: Comments must be received by 

November 17, 2014. 

ADDRESSES: You may submit comments, 

identified by docket number and or 

Regulatory Information Number (RIN) 

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, 

2nd floor, East Tower, Suite 02G09, 

Alexandria VA 22350–3100. 

Instructions: All submissions received 

must include the agency name and 

docket number or 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: 

Philip M. Strub, (703) 695–2936. 

SUPPLEMENTARY INFORMATION: 

Executive Summary 

I. Purpose 

This rule is being published to seek 

comment on DOD’s updated policy for 

support to entertainment-oriented 

media productions, including 

documentaries. The increased and 

higher-level oversight is required to 

eliminate inconsistencies and 

ambiguities in guidance for and 

supervision of DoD activities to ensure 

common standards are met in providing 

support, and that production support is 

appropriate. The rule also includes two 

DoD Production Assistance Memoranda 

(PAM) as samples. These memoranda 

explain the terms under which DoD 

provides assistance to production 

companies for projects that have been 

approved for DoD support. 

II. Summary of the Major Provisions of 

This Regulatory Action 

(a) This rule includes documentaries 

within the category of non-government, 

entertainment-oriented media 

productions and requires approval of 

production assistance for such 

entertainment-oriented media 

productions at the DoD level vice the 

Service level. 

(b) This rule includes two sample 

DoD Production Assistance Memoranda 

(PAMs), one for documentary 

productions and one for all other 

entertainment media productions. This 

rule also assigns the authority for 

signing both types of agreements to the 

Assistant to the Secretary of Defense for 

Public Affairs (ATSD(PA)), or the 

ATSD(PA)’s designee. 

(c) This rule addresses how military 

personnel may appear in entertainment 

media. This rule requires the written 

permission of the Assistant to the 

Secretary of Defense for Public Affairs 

(or his/her designee) in order for active 

duty military personnel to serve as 

actors in significant roles and in roles 

beyond the scope of their normal duties. 

III. Costs and Benefits of This 

Regulatory Action 

First, the support and assistance to 

non-government entertainment media 

productions will be at no additional cost 

to the government and taxpayers. Once 

DoD has agreed with a production 

company to provide production 

assistance and the parties have signed a 

Production Assistance Memorandum, 

operations, and maintenance, supply 

and equipment costs incurred by DoD 

(collectively) as a direct consequence of 


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providing support will be reimbursed by 

the non-government entertainment 

production company. Additionally, the 

sample production assistance 

memoranda provide for the production 

company to indemnify and hold 

harmless the DoD for claims arising 

from the production company’s 

possession or use of DoD property or 

other assistance in connection with the 

production. Support to non-government 

entertainment media may be provided 

based on a number of factors: whether 

the production presents a reasonably 

realistic depiction of the Military 

Services and the DoD, whether the 

production is informational and 

considered likely to contribute to public 

understanding of the Military Services 

and the DoD, or whether the production 

may benefit Military Service recruiting 

and retention programs. 

Regulatory Procedures 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ and Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review’’ 

We have consulted with the Office of 

Management and Budget (OMB) and 

determined this NPRM meets the 

criteria for a significant regulatory 

action under Executive Order 12866, as 

supplemented by Executive Order 

13563, and was subject to OMB review. 

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 to 

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 document 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) 

We certify this proposed rule will not 

have a significant economic impact on 

a substantial number of small entities 

because the entities who receive 

production assistance are those who 

affirmatively request it, and therefore, 

interact with DoD solely on a voluntary 

basis. Therefore, the Regulatory 

Flexibility Act, as amended, does not 

require us to prepare a regulatory 

flexibility analysis. 

Public Law 96–511, ‘‘Paperwork 

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

This proposed rule does not create 

any new or affect any existing 

collections, and therefore, does not 

require OMB approval under the 

Paperwork Reduction Act. 

Executive Order 13132, ‘‘Federalism’’ 

Executive Order 13132 establishes 

certain requirements that an agency 

must meet when it promulgates a 

proposed rule (and subsequent final 

rule) that imposes substantial direct 

requirement costs on State and local 

governments, preempts State law, or 

otherwise has Federalism implications. 

This document will not have a 

substantial effect on State and local 

governments. 

List of Subjects in 32 CFR Part 238 

Entertainment; Media productions; 

Documentaries. 

■ For the reasons set forth in the 

preamble, DoD proposes to add 32 CFR 

part 238 to read as follows: 

PART 238—DoD ASSISTANCE TO 

NON-GOVERNMENT, 

ENTERTAINMENT-ORIENTED MEDIA 

PRODUCTIONS 

Sec. 

238.1 Purpose. 

238.2 Applicability. 

238.3 Policy. 

238.4 Responsibilities. 

238.5 Procedures. 

Appendix A to Part 238—Sample Production 

Assistance Memorandum 

Appendix B to Part 238—Sample 

Documentary Production Assistance 

Memorandum 

Authority: 31 U.S.C. 9701. 

§ 238.1 Purpose. 

This part establishes policy, assigns 

responsibilities, and prescribes 

procedures for DoD assistance to nonGovernment entertainment media 

productions such as feature motion 

pictures, episodic television programs, 

documentaries, and electronic games. 

§ 238.2 Applicability. 

This part: 

(a) Applies to the Office of the 

Secretary of Defense, the Military 

Departments, the Office of the Chairman 

of the Joint Chiefs of Staff and the Joint 

Staff, the combatant commands, the 

Office of the Inspector General of the 

Department of Defense, the Defense 

Agencies, the DoD Field Activities, and 

all other organizational entities within 

the Department of Defense (referred to 

collectively in this part as the ‘‘DoD 

Components’’). 

(b) Does not apply to productions that 

are intended to inform the public of fastbreaking or developing news stories. 

§ 238.3 Definitions. 

Unless otherwise noted, this term and 

its definition are for the purposes of this 

part. 

Assistance (as in ‘‘DoD Assistance to 

Non-Government, EntertainmentOriented Media Productions’’). The 

variety of support that the DoD can 

provide. The assistance ranges from 

supplying technical advice during script 

development, to allowing access to 

military installations for production. 

§ 238.4 Policy. 

It is DoD policy that: 

(a) DoD assistance may be provided to 

an entertainment media production, to 

include fictional portrayals, when 

cooperation of the producers with the 

Department of Defense benefits the 

Department of Defense, or when such 

cooperation would be in the best 

interest of the Nation based on whether 

the production: 

(1) Presents a reasonably realistic 

depiction of the Military Services and 

the Department of Defense, including 

Service members, civilian personnel, 

events, missions, assets, and policies; 

(2) Is informational and considered 

likely to contribute to public 

understanding of the Military Services 

and the Department of Defense; or 

(3) May benefit Military Service 

recruiting and retention programs. 

(b) DoD assistance to an 

entertainment-oriented media 

production will not deviate from 

established DoD safety and 

environmental standards, nor will it 

impair the operational readiness of the 

Military Services. Diversion of 

equipment, personnel, and material 

resources will be kept to a minimum. 

(c) The production company will 

reimburse the Government for any 

expenses incurred as a result of DoD 

assistance rendered in accordance with 

the procedures in this part. 

(d) Official activities of Service 

personnel in assisting the production; 

use of official DoD property, facilities, 

and material; and employment of 

Service members in an off-duty, nonofficial status will be in accordance with 

the procedures in this part. 

(e) Footage shot with DoD assistance 

and official DoD footage released for a 

specific production will not be reused 

for or sold to other productions without 

Department of Defense approval. 

§ 238.5 Responsibilities. 

(a) The Assistant to the Secretary of 

Defense for Public Affairs (ATSD (PA)) 


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will serve as the sole authority for 

approving DoD assistance, including 

DoD involvement in marketing and 

publicity, to non-Government 

entertainment-oriented media. The 

ATSD (PA) will make DoD 

commitments, in consultation with the 

Heads of the Military Components, only 

after: 

(1) The script, treatment, or narrative 

description is found to qualify in 

accordance with the general principles 

in § 238.4(a) of this part. 

(2) The support requested is 

determined to be feasible. 

(3) For episodic television, motion 

pictures, and other nondocumentary 

entertainment media productions, the 

producer has an acceptable public 

exhibition agreement with a recognized 

exhibition entity (i.e., studio or 

network), and the capability to complete 

the production (i.e., completion bond or 

other industry-recognized guarantor of 

completion, such as the commitment of 

a major studio or other source of 

financial commitment). For 

documentaries, the producer has 

indicated a clear capability to complete 

the production. 

(b) The Heads of the Military 

Components will develop procedures 

for implementing this part and will 

ensure that the requirements of this part 

are met. 

§ 238.6 Procedures. 

(a) General. (1) The producer will be 

required to sign a written Production 

Assistance Memorandum (see 

Appendices A and B for sample 

memoranda), explaining the terms 

under which DoD’s production 

assistance is provided, with the 

designee of the Assistant to the 

Secretary of Defense for Public Affairs, 

and may be required to post advance 

payment or a letter of credit issued by 

a recognized financial institution to 

cover the estimated costs before 

receiving DoD assistance. 

(2) Official activities of Service 

members in assisting the production 

must be within the scope of normal 

military activities. On-duty service 

members and DoD civilians are 

prohibited from serving as actors, such 

as by speaking filmmaker-invented, or 

scripted dialogue, unless approved in 

writing by the (ATSD(PA)) or his or her 

designee. With the exception of 

assigned project officer(s) and technical 

advisor(s), Service members and DoD 

civilians will not be assigned to perform 

functions outside the scope of their 

normal duties. 

(3) Official personnel services and 

DoD material will not be employed in 

such a manner as to compete directly 

with commercial and private 

enterprises. DoD assets may be provided 

when similar civilian assets are not 

reasonably available. 

(4) The production company may hire 

Service members in an off-duty, nonofficial status to perform as extras or 

actors in minor roles, etc., provided 

there is no conflict with any existing 

Service regulation. In such cases, 

contractual arrangements are solely 

between those individuals and the 

production company; however, payment 

should be consistent with current 

industry standards. The producer is 

responsible for resolving any disputes 

with unions governing the hiring of 

non-union actors and extras. Service 

members accepting such employment 

will comply with the standards of 

conduct in DoD Directive 5500.07, 

‘‘Standards of Conduct’’ (available at 

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

corres/pdf/550007p.pdf). The Heads of 

the Components may assist the 

production company in publicizing the 

opportunity for employment and in 

identifying appropriate personnel. 

(5) The production company will 

restore all Government property and 

facilities used in the production to the 

same or better condition as when they 

were made available for the company’s 

use. This includes cleaning the site and 

removing trash. 

(6) The DoD project officer, described 

in paragraph (b)(3) of this section, may 

make DoD motion and still media 

archival materials available when a 

production qualifies for assistance in 

accordance with the general principles 

in § 238.4(a) of this part. 

(b) Specific procedures—(1) Script 

development and review. (i) Before a 

producer officially submits a project to 

the Office of the Assistant to the 

Secretary of Defense for Public Affairs 

(OATSD(PA)), the Military Components 

are authorized to assist entertainmentoriented media producers, scriptwriters, 

etc., in their efforts to develop a script 

that might ultimately qualify for DoD 

assistance. Such activities could include 

guidance, suggestions, answers to 

research queries for technical research, 

and interviews with technical experts. 

However, the Military Departments 

providing such assistance are required 

to coordinate with and update OATSD 

(PA) of the status of such projects. 

Military Components will refrain from 

making commitments and rendering 

official DoD opinions until first 

coordinating through appropriate 

channels to obtain OATSD (PA) 

concurrence in such actions. 

(ii) Production company officials 

requesting DoD assistance will submit a 

completed script (or a treatment or 

narrative description for 

documentaries), along with a list of 

desired support. If a definitive list is not 

available when the script is initially 

submitted, requirements should be 

stated in general terms at the outset. 

However, no DoD commitment will be 

made until the detailed list of support 

requested has been reviewed and 

deemed to be feasible. 

(iii) OATSD (PA) will coordinate the 

review of scripts, treatment, or narrative 

description submitted for production 

assistance consideration. The 

coordinated review will include each 

Military Service depicted in the script. 

Although no commitment for assisting 

in the production is implied, OATSD 

(PA) may provide, or authorize the 

Military Services to provide, further 

guidance and suggestions for changes 

that might resolve problems that would 

prevent DoD assistance. 

(2) Production assistance notification. 

Upon reviewing the recommendations 

of the Military Components concerned, 

the ATSD (PA) will determine whether 

a given production meets the DoD 

criteria for support and if the support 

requested is feasible. If both 

requirements are satisfied, the ATSD 

(PA) will notify in writing the 

production company concerned, 

advising it that the Department of 

Defense has approved DoD production 

assistance and identifying the DoD 

project officer tasked with representing 

the Department of Defense throughout 

the production process. On a case-bycase basis, the ATSD (PA) may choose 

to delegate the responsibility of signing 

the Production Assistance 

Memorandum on behalf of DoD to the 

designated DoD project officer or other 

DoD official responsible for 

coordinating production assistance. If 

so, this decision would be included in 

the notification letter. If production 

assistance is approved for only a portion 

of the proposed project, the written 

notification shall clearly describe the 

portion(s) approved. If assistance is not 

approved, ATSD (PA) or the ATSD 

(PA)’s designee will send a letter to the 

production company stating reasons for 

disapproval. 

(3) Role of the DoD project officer. (i) 

When production assistance has been 

approved, the Military Components will 

assign a project officer (commissioned, 

non-commissioned, or civilian) who 

will be designated by OATSD (PA) as 

the principal DoD liaison to the 

production company. The DoD project 

officer will at a minimum: 

(A) Act as liaison between the 

production company and the Secretaries 

of the Military Departments and 

maintain contact with OATSD (PA) 


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through appropriate channels. In this 

regard, the project officer will serve as 

the central coordinator for billing the 

producer and monitoring payments to 

the Government. (See paragraph (d) of 

this section for billing procedures.) 

(B) Advise the production company 

on technical aspects and arrange for 

information necessary to ensure 

reasonably accurate and authentic 

portrayals of the Department of Defense. 

(C) Maintain liaison with units and 

commands providing assistance to 

ensure timely arrangements consistent 

with the approved support. 

(D) Coordinate with installations or 

commands that intend to provide 

support to the production to ensure that 

no material assistance is provided 

before a Production Assistance 

Memorandum is signed by both DoD 

and the production company. 

(E) When DoD assistance to the 

production requires the production 

company to reimburse the Government 

for additional expenses, develop an 

estimate of expenses based on the 

assistance requested, and ensure that 

these are reflected in the Production 

Assistance Memorandum. 

(F) Coordinate with each installation 

or command providing assets to the 

production to ensure the production 

company receives accurate and prompt 

statements of charges assessed by the 

Government and that the Government 

receives sufficient payment for any 

additional expenses incurred to support 

the production. 

(G) For project officers assigned to a 

documentary or a non-documentary 

television series, maintain close liaison 

with the producer(s) and writers in 

developing story outlines. All story 

ideas considered for further 

development by the production 

company should be submitted to 

OATSD (PA) to provide the earliest 

opportunity for appraisal. 

(ii) When considered to be in the best 

interest of the Department of Defense, 

the assigned project officer may provide 

‘‘on-scene’’ assistance to the production 

company. Military or civilian technical 

advisor(s) may also be required. In such 

cases: 

(A) Assignment will be at no 

additional cost to the Government. The 

production company will assume 

payment of such items as travel (air, 

rental car, reimbursement for fuel, etc.) 

and per diem (lodging, food and 

incidentals). 

(B) Assignment should be for the 

length of time required to meet 

preproduction requirements through 

completion of photography. When 

feasible, assignment may be extended to 

cover post-production stages and site 

clean-up. 

(iii) Additional project officer 

responsibilities, when considered to be 

in the best interest of the Department of 

Defense, will include: 

(A) Supervising the use of DoD 

equipment, facilities, and personnel. 

(B) Attending pertinent preproduction 

and production conferences, being 

available during rehearsals to provide 

technical advice, and being present 

during filming of all scenes pertinent to 

the Department of Defense. 

(C) Ensuring proper selection of 

locations, appropriate uniforms, awards 

and decorations, height and weight 

standards, grooming standards, insignia, 

and set dressing applicable to the 

military aspects of the production. This 

applies to active duty members as well 

as paid civilian actors. 

(D) Arranging for appropriate 

technical advisers to be present when 

highly specialized military technical 

expertise is required. 

(E) Ensuring that the production 

adheres to the agreed-upon script and 

list of support to be provided. 

(F) Authorizing minor deviations from 

the approved script or list of support to 

be provided, so long as such deviations 

are feasible, consistent with the safety 

standards, and in keeping with the 

approved story line. All other deviations 

shall be referred for approval to OATSD 

(PA) through appropriate channels. 

(G) In accordance with the Production 

Assistance Memorandum, providing 

notice of non-compliance, and when 

necessary, suspending assistance when 

action by the production company is 

contrary to stipulations governing the 

project and suspension is in the best 

interest of the Department of Defense 

until the matter is resolved locally or by 

referral to OATSD (PA). 

(H) Attending the approval screening 

of the production, unless the Military 

Department concerned, OATSD (PA), 

and the production company mutually 

agree otherwise. 

(I) Determining whether the 

production company will need to obtain 

the written consent of DoD personnel 

who may be recorded, photographed, or 

filmed by the production company, 

including when the production 

company uses the personally identifying 

information (PII) of DoD personnel. The 

likeness of DoD personnel in any 

imagery is included in the meaning of 

PII. If the recording or imagery captures 

medical treatment being performed on 

DoD personnel, the project officer shall 

require the production company to gain 

written consent from such DoD 

personnel. In the case of DoD personnel 

who are deceased or incapacitated, the 

project officer shall require the 

production company to gain written 

consent from the next of kin of the 

deceased or incapacitated DoD 

personnel. 

(c) Production company procedures— 

(1) Review of productions. When DoD 

assistance has been provided to a nondocumentary production, the 

production company must arrange for 

an official DoD screening in 

Washington, DC, or at another location 

agreeable to OATSD (PA), before the 

production is publicly exhibited. This 

review should be early, but at a stage in 

editing when changes can be 

accommodated, to allow the Department 

of Defense to confirm military 

sequences conform to the agreed upon 

script. For documentary productions, 

the production company will provide to 

the DoD project officer and the DoD 

designee(s) responsible for coordinating 

production assistance a digital video 

(DVD) of military-themed photography 

and the roughly edited version of the 

production at a stage in editing when 

changes can be accommodated. In 

addition to confirming that the military 

sequences conform to the agreed upon 

script, treatment, or narrative, this 

review will also serve to preclude 

release or disclosure of sensitive, 

security-related, or classified 

information; and to ensure that the 

privacy of DoD personnel is not 

violated. Should DoD determine that 

material in the production compromises 

any of the preceding concerns, DoD will 

alert the production company of the 

material, and the production company 

will remove the material from the 

production. 

(2) Credit titles. The production 

company will place a credit in the end 

titles immediately above the ‘‘Special 

Thanks’’ section (if any) that states 

‘‘Special Thanks to the United States 

Department of Defense,’’ with no less 

than one clear line above and one clear 

line below such credit acknowledging 

the DoD assistance provided. Such 

acknowledgment(s) will be in keeping 

with industry customs and practices, 

and will be of the same size and font 

used for other similar credits in the end 

titles. 

(3) Requests for promotional 

assistance. Pursuant to DoD Directive 

5122.05, ‘‘Assistant Secretary of Defense 

for Public Affairs’’ (available at http://

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

512205p.pdf), the ATSD(PA) is the final 

authority for military participation in 

public events, including participation in 

promotional events for entertainment 

media productions. The production 

company will forward requests for 

promotional assistance to OATSD(PA) 


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in sufficient detail to permit a complete 

evaluation. 

(4) Publicity photos and promotional 

material. The production company will 

provide DoD with copies of all 

promotional and marketing materials 

(e.g., electronic press kits, one-sheets, 

and television advertisements) for 

internal information and historical 

purposes in documenting DoD 

assistance to the production. 

(5) Copies of completed production. 

The production company will provide, 

in a format to be specified in the 

Production Assistance Memorandum, 

copies of the completed production to 

DoD for briefings and for historical 

purposes. 

(d) Billing procedures. Pursuant to 31 

U.S.C. 9701, production companies will 

reimburse the Government for 

additional expenses incurred as a result 

of DoD assistance. 

(1) Each installation or Military 

Component will provide the production 

company with individual statements of 

charges assessed for providing assets to 

assist in the production. Unless agreed 

otherwise, statements should be 

presented to the production company 

within 45 days from the last day of the 

month in which filming and/or 

photography is completed to ensure 

prompt and complete accounting of 

charges for DoD assistance. 

(2) The production company will be 

billed for only those expenses that are 

considered to be additional expenses to 

the Government. In accordance with 

paragraph (b)(3)(i)(A) of this section, the 

assigned project officer will serve as the 

central coordinator for submitting 

statements to the producer and 

monitoring receipt of payment to the 

Government. Items for which the costs 

may be reimbursed to the Government 

include: 

(i) Petroleum, oil, and lubricants for 

equipment used. 

(ii) Depot maintenance for equipment 

used. 

(iii) Cost incurred in diverting or 

moving equipment. 

(iv) Lost or damaged equipment. 

(v) Expendable supplies. 

(vi) Travel and per diem (unless paid 

directly to the Service member when 

authorized under 31 U.S.C. 1353). 

(vii) Civilian overtime. 

(viii) Commercial power or other 

utilities for facilities kept open beyond 

normal duty hours or when the 

production company’s consumption of 

utilities is significant, based on average 

usage rates. 

(ix) Should the production company 

not comply with requested clean-up 

required by production, project officer 

will require production company to hire 

a cleaning company. Should the 

production company not provide for the 

necessary clean-up, it shall reimburse 

the Government for any additional 

expenses incurred by the Government in 

performing such clean-up. 

(3) The production company will be 

required to reimburse the Government 

for all flying hours related to production 

assistance, including takeoffs, landings, 

and ferrying aircraft from military 

locations to filming sites, except when 

such missions coincide with and can be 

considered legitimate operational and 

training missions. The production 

company will be required to reimburse 

the Government for all steaming days 

related to production assistance, 

including all costs (tugs, harbor pilots 

and port costs) required to move ships 

from military locations to filming sites, 

except when such missions coincide 

with and can be considered legitimate 

operational and training missions. 

These reimbursements will be 

calculated at the current DoD User 

Rates. 

(4) In cases where provision of 

support provides a significant benefit to 

DoD, the production company will not 

be required to reimburse the 

Government for military or civilian 

manpower (except for civilian overtime) 

when such personnel are officially 

assigned to assist in the production. 

However, this limitation does not apply 

to Reserve Component personnel 

assigned in an official capacity, because 

such members are called to active duty 

at additional cost to the Government to 

perform the assigned mission. 

Reimbursement for Reserve Component 

personnel in an official capacity will be 

at composite standard pay and 

reimbursement rates for military 

personnel published annually by the 

Under Secretary of Defense 

(Comptroller)/DoD Chief Financial 

Officer. 

(5) Normal training and operational 

missions that would occur regardless of 

DoD assistance to a particular 

production are not considered to be 

chargeable to the production company. 

(6) Beyond actual operational 

expenses, imputed rental charges 

ordinarily will not be levied for use of 

structures or equipment. 

(7) The production company will 

provide proof of adequate industry 

standard liability insurance, naming 

DoD as an additional insured entity 

prior to the commencement of 

production involving DoD. The 

production company will maintain, at 

its sole expense, insurance in such 

amounts and under such terms and 

conditions as may be required by DoD 

to protect its interests in the property 

involved. 

Appendix A to Part 238—Sample 

Production Assistance Memorandum 

U.S. DEPARTMENT OF DEFENSE 

PRODUCTION ASSISTANCE 

MEMORANDUM 

DoD-[enter number]-[enter year] 

The United States Department of Defense 

(DoD), acting on behalf of the United States 

of America, hereby expresses its intent, 

subject to the provisions herein, to provide 

to [enter name of production entity], 

hereinafter referred to as the ‘‘production 

company,’’ the assistance itemized in this 

Production Assistance Memorandum 

(Memorandum) in conjunction with the 

production of a [enter type of production; 

e.g., feature motion picture, television series] 

known at this time as [enter title of 

production or episode]. This Memorandum 

expresses the terms under which DoD 

intends to provide assistance. This 

Memorandum does not authorize the 

obligation of any United States funding, nor 

should it be construed as a contract, grant, 

cooperative agreement, other transaction, or 

any other form of procurement agreement. 

LIST OF MILITARY RESOURCES 

REQUESTED TO BE PROVIDED IN 

SUPPORT OF PRODUCTION [or ‘‘see 

Attachment 1’’] The DoD will make 

reasonable efforts to provide the assistance 

requested in the request for production 

assistance, to the extent approved by DoD, 

and subject to the limitations contained 

herein. 

This Memorandum is subject to revocation 

due to non-compliance with the terms 

herein, with the possible consequence of a 

temporary suspension or permanent 

withdrawal of the use of some or all of the 

military resources identified to assist this 

project. In the event of dispute, the 

production company will be given a written 

notice of non-compliance by the DoD project 

officer. The production company will have a 

72-hour cure period after receipt of written 

notice of non-compliance. DoD may 

temporarily suspend support until the noncompliance has been cured or the 72-hour 

cure period has expired. After the cure 

period has expired, DoD may permanently 

withdraw its support for the production. If 

such Memorandum is either suspended or 

terminated, the sole right of the Production 

Company to appeal such decision is to the 

DoD designee responsible for coordinating 

production assistance for entertainment 

media operations (‘‘DoD Director of 

Entertainment Media’’). The requirements in 

Department of Defense Instruction 5410.16 

shall apply to this Memorandum. 

It is understood between DoD and the 

production company that: 

1. The DoD project officer, [enter name of 

project officer], is the official DoD 

representative responsible for ensuring that 

the terms of this Memorandum are met. The 

DoD project officer or his or her designee will 

be present each day the U.S. military is being 

portrayed, photographed, or otherwise 

involved in any aspect of [enter title of 


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production]. The DoD project officer is the 

military technical advisor, and all military 

coordination must go through him or her. 

The production company will consult with 

the DoD project officer in all phases of preproduction, production, and post-production 

that involves or depicts the U.S. military. 

2. The production company will cast 

actors, extras, doubles, and stunt personnel 

portraying Service members who conform to 

individual Military Service regulations 

governing age, height and weight, uniform, 

grooming, appearance, and conduct 

standards. DoD reserves the right to suspend 

support in the event that disagreement 

regarding the military aspects of these 

portrayals cannot be resolved in negotiation 

between the production company and DoD 

within the 72-hour cure period. The DoD 

project officer will provide written guidance 

specific to each Military Service being 

portrayed. 

3. DoD has approved production assistance 

as in the best interest of DoD, based on the 

[enter date] version of the script to the extent 

agreed upon by DoD [, and as further 

described by llll]. The production 

company must obtain, in advance, DoD 

concurrence for any subsequent changes 

proposed to the military depictions made to 

either the picture or the sound portions of the 

production before these changes are 

undertaken. 

4. The operational capability and readiness 

of the Military Components will not be 

impaired. Unforeseen contingencies affecting 

national security or other emergency 

circumstances such as disaster relief may 

temporarily or permanently preclude the use 

of military resources. In these circumstances, 

DoD will not be liable, financially or 

otherwise, for any resulting negative impact 

or prejudice to the production caused by the 

premature withdrawal or change in support 

to the production company. 

5. There will be no deviation from 

established DoD safety and conduct 

standards. The DoD project officer or his or 

her designee will coordinate such standards 

and compliance therewith. DoD will provide 

the production company advance notice of 

such safety or conduct standards upon 

request. 

6. All DoD property or facilities damaged, 

used, or altered by the production company 

in connection with the production will be 

restored by the production company to the 

same or better condition, cleaned and free of 

trash, normal wear and tear excepted, as 

when they were made available for the 

production company’s use. 

7. The production company will reimburse 

the U.S. Government for any additional 

expenses incurred as a result of the 

assistance rendered for the production of 

[enter title of production]. The estimated 

amount will be detailed and included (e.g., 

‘‘see Attachment 2,’’ etc.). Unless otherwise 

agreed upon, the production company agrees 

to post advance payment or a letter of credit 

in the amount estimated to comprise the total 

additional DoD expenses or deposit such 

funds that may be reasonably necessary. The 

payment or letter of credit will be submitted 

to the military component(s) designated to 

provide the assistance, or to another DoD 

agency, as deemed appropriate by DoD. 

a. DoD agrees to provide statements of 

charges assessed by each installation or DoD 

component providing assets to assist in the 

production within 45 days from the last day 

of the month in which filming is completed. 

b. The production company will be 

charged for only those expenses that are 

considered to be additional costs to DoD in 

excess of those that would otherwise have 

been incurred, including, but not limited to 

fuel, resultant depot maintenance, 

expendable supplies, travel and per diem, 

civilian overtime, and lost or damaged 

equipment. 

c. If the final aggregate of such costs and 

charges is less than previously anticipated, 

DoD agrees to remit the exact amount of the 

difference of any funds posted within 45 

days from the last day of the month in which 

filming is completed. 

8. The production company will be 

charged for the travel, lodging, per diem, and 

incidental expenses for the DoD project 

officer, the DoD Director of Entertainment 

Media or his or her designee, and any other 

assigned military technical and safety 

advisor(s) whose presence may be required 

by DoD. For each of these individuals, the 

production company will provide: 

a. Round-trip air transportation and ground 

transfers to the production location(s) at 

which there is a military portrayal or 

involvement, at times deemed appropriate by 

the DoD project officer and DoD Director of 

Entertainment Media. 

b. A full-size vehicle (with fuel and with 

loss, damage, and collision automobile 

insurance paid for by the production 

company) for his or her personal use during 

the filming, including for his or her stay at 

the production location(s). If parking at the 

location(s) is not available, transportation to 

and from the lodging location to the 

production site will be provided. 

c. Hotel accommodations equivalent to 

those provided to the production company’s 

crew. 

d. A dedicated, on-location trailer room or 

other comparable work space with full 

Internet access, desk, seating, and en-suite 

toilet. 

9. By approving DoD production assistance 

for [enter title of production], DoD hereby 

provides a general release to the production 

company for the use of any and all 

photography and sound recordings of any 

and all Service members, equipment, and 

real estate, subject to the limitations in this 

Memorandum (e.g. Paragraphs 12–13). 

10. As a condition of DoD assistance, the 

production company will: 

a. Indemnify and hold harmless DoD, its 

agencies, officers, and employees against any 

claims (including claims for personal injury 

and death, damage to property, and 

attorneys’ fees) arising from the production 

company’s possession or use of DoD property 

or other assistance in connection with this 

production of [enter title of production], to 

include pre-production, post-production, and 

DoD-provided orientation or training. This 

provision will not in any event require 

production company to indemnify or hold 

harmless DoD, its agencies, officers and or 

employees from or against any claims arising 

from defects in DoD property or negligence 

on the part of DoD, its agencies, officers, or 

employees. 

b. Provide proof of adequate industry 

standard liability insurance, naming DoD as 

an additional insured entity prior to the 

commencement of production involving 

DoD. The production company will maintain, 

at its sole expense, insurance in such 

amounts and under such terms and 

conditions as may be required by DoD to 

protect its interests in the property involved. 

c. Not carry onto DoD property any nonprescription narcotic, hallucinogenic, or 

other controlled substance; or alcoholic 

beverage without prior coordination with the 

DoD project officer or his or her designee. 

d. Not carry onto DoD property any real or 

prop firearms, weapons, explosives, or any 

special effects devices or equipment that 

cause or simulate explosions, flashes, flares, 

fire, loud noises, etc., without the prior 

approval of the DoD project officer and the 

supporting installation. 

e. Allow DoD public affairs personnel 

access to the production site(s) to conduct 

still and motion photography of DoD 

personnel and assets that are directly 

supporting the filming, and to allow DoD the 

use of production company-generated 

publicity and marketing materials, such as 

production stills and electronic press kits. 

These materials may be used to show DoD 

viewers how DoD is assisting in the 

production; such materials may be viewed by 

the general public if posted on an open DoD 

Web site or released on ‘‘The Pentagon 

Channel’’ or other publicly-accessible media 

source. Therefore, no DoD personnel will 

photograph actual filming, talent, or sets 

without the prior approval of the production 

company. 

11. The production company will provide 

the DoD project officer with whatever 

internal communications equipment it is 

supplying to production company crew 

members to communicate on the set during 

production of military-themed sequences. 

The production company will also supply 

the DoD project officer with earphones to 

monitor military-themed dialogue and other 

sound recording during these periods. 

12. The production company will screen 

for the DoD project officer and the DoD 

Director of Entertainment Media, or their 

designees, the roughly edited version of the 

production at a stage in editing when 

changes can be accommodated to allow DoD 

to confirm the military sequences conforms 

to the agreed script treatment, or narrative 

description; to preclude release or disclosure 

of sensitive, security-related, or classified 

information; and to ensure that the privacy 

of DoD personnel is not violated. Should DoD 

determine that material in the production 

compromises any of the preceding concerns, 

DoD will alert the production company of the 

material, and the production company will 

remove the material from the production. 

The production company will bear the travel, 

lodging, per diem, and incidental expenses 

incurred in transporting the DoD project 

officer and the DoD Director of Entertainment 

Media, or their designees, to the location 

where the screening is held. 

13. No photography or sound recordings 

made with DoD assistance and no DoD 


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photography and sound recordings released 

for this production will be reused or sold for 

use in other productions without DoD 

approval. The foregoing will not prohibit the 

production company from exploiting the 

production in any and all ancillary markets, 

now known or hereafter devised (including, 

without limitation, television, web content, 

home video and theme parks) or from using 

clips in promotional material relative thereto. 

14. The production company will also 

provide an official DoD screening of the 

completed production in Washington, D.C., 

prior to public exhibition. An alternative 

screening location may be authorized by 

DoD, in negotiation with the production 

company. In this case, the production 

company will pay the travel and lodging 

expenses incidental to the attendance at the 

screening of the DoD project officer and the 

Director of Entertainment Media or their 

designees. 

15. The production company will place a 

credit in the end titles immediately above the 

‘‘Special Thanks’’ section (if any), 

substantially in the form of ‘‘Special Thanks 

to the United States Department of Defense,’’ 

with no less than one clear line above and 

one clear line below such credit 

acknowledging the DoD assistance provided. 

Such acknowledgment(s) will be in keeping 

with industry customs and practices, and 

will be of the same size and font used for 

other similar credits in the end titles. 

16. The production company will provide 

DoD with five copies of all promotional and 

marketing materials (e.g., electronic press 

kits, one-sheets, and television 

advertisements) for internal information and 

historical purposes in documenting DoD 

assistance to the production. 

17. The production company will provide 

a minimum of ten digital video (DVD) copies 

of the completed production to DoD for 

internal briefings and for historical purposes, 

by overnight shipment to arrive the day 

following the first domestic airing or 

commercial distribution of the production. 

DoD will not exhibit these DVDs publicly or 

copy them; however, DoD is allowed to use 

short clips from them in official 

presentations by Service members and DoD 

civilian personnel who were directly 

involved in providing DoD assistance, for the 

sole purpose of illustrating DoD support to 

the production. However, DoD is prohibited 

from making these clips available to any 

other party for any other purpose. 

18. Official activities of DoD personnel in 

assisting the production must be within the 

scope of normal military activities, with the 

exception of the DoD project officer and 

assigned official technical advisor(s), whose 

activities must be consistent with their 

authorized additional duties. DoD personnel 

in an off-duty, non-official status may be 

hired by the production company to perform 

as actors, extras, etc., provided there is no 

conflict with existing Service or Department 

regulations. In such cases, these conditions 

apply: 

a. Contractual agreements are solely 

between those individuals and the 

production company; however, they should 

be consistent with industry standards. 

b. The DoD project officer will ensure that 

DoD personnel will comply with standards of 

conduct regulations in accepting 

employment. 

c. The production company is responsible 

for any disputes with unions governing the 

hiring of non-union actors or extras. 

19. The production company may make 

donations or gifts in-kind to morale, welfare, 

and recreation programs of the military 

unit(s) involved; however, donations of this 

kind are not at all required, and are not in 

any manner a consideration in the 

determination of whether or not a production 

should receive DoD assistance. These 

donations must be coordinated through the 

DoD project officer and must comply with 

law and DoD policies. 

20. The undersigned parties warrant that 

they have the authority to enter into this 

Memorandum and that the consent of no 

other party is necessary to effectuate the full 

and complete satisfaction of the provisions 

contained herein. 

21. This Memorandum consists of [enter 

number] pages including [enter number of 

attachment(s)]. Each page will be initialed by 

the undersigned DoD and production 

company representatives. 

FOR THE DEPARTMENT OF DEFENSE 

lllllllllllllllllllll

Signature and Date 

Name of DoD Representative: 

lllllllllllllllllllll

Title and Address 

FOR [ENTER PRODUCTION COMPANY] 

lllllllllllllllllllll

Signature and Date 

Name of Production Company 

Representative: 

lllllllllllllllllllll

Title and Address 

Appendix B to Part 238—Sample 

Production Assistance Memorandum 

U.S. DEPARTMENT OF DEFENSE 

DOCUMENTARY PRODUCTION 

ASSISTANCE MEMORANDUM 

DoD-[enter number]-[enter year] 

The United States Department of Defense 

(DoD), acting on behalf of the United States 

of America, hereby expresses its intent, 

subject to the provisions herein, to provide 

to [enter name of production entity], 

hereinafter referred to as the ‘‘production 

company,’’ the assistance itemized in this 

Production Assistance Memorandum 

(Memorandum) in conjunction with the 

production of a documentary known at this 

time as [enter title of the production]. This 

Memorandum expresses the terms under 

which DoD intends to provide assistance. 

This Memorandum does not authorize the 

obligation of any United States funding, nor 

should it be construed as a contract, grant, 

cooperative agreement, other transaction, or 

any other form of procurement agreement. 

LIST OF MILITARY RESOURCES 

REQUESTED TO BE PROVIDED IN 

SUPPORT OF PRODUCTION [or ‘‘see 

Attachment 1’’] The DoD will make 

reasonable efforts to provide the assistance 

requested in the request for DoD 

documentary assistance, to the extent 

approved by DoD, and subject to the 

limitations contained herein. 

This Memorandum is subject to revocation 

due to non-compliance with the terms 

herein, with the possible consequence of a 

temporary suspension or permanent 

withdrawal of the use of some or all of the 

military resources identified to assist this 

project. In the event of dispute, the 

production company will be given a written 

notice of non-compliance by the DoD project 

officer. The production company will have a 

72-hour cure period after receipt of written 

notice of non-compliance. DoD may 

temporarily suspend support until the noncompliance has been cured or the 72-hour 

cure period has expired. After the cure 

period has expired, DoD may permanently 

withdraw its support for the production. If 

such Memorandum is either suspended or 

terminated, the sole right of the Production 

Company to appeal such decision is to the 

DoD designee responsible for coordinating 

assistance for documentary productions. The 

requirements in Department of Defense 

Instruction 5410.16 shall apply to this 

Memorandum. 

It is understood between DoD and the 

production company that: 

1. The DoD project officer, [enter name of 

project officer and contact information], is 

the official DoD representative responsible 

for ensuring that the terms of this 

Memorandum are met. The DoD project 

officer is the military technical advisor, and 

all military coordination must go through 

him or her. The production company will 

consult with the DoD project officer in all 

phases of pre-production, production, and 

post-production that involves or depicts the 

U.S. military. The local unit/installation 

public affairs officer, or a designated official, 

may serve as the official onsite DoD 

representative for this project and will act as 

the interface between the film crew and 

military units providing both filming and 

logistical support. 

2. DoD has approved production assistance 

as in the best interest of DoD, based on the 

[enter date] version of the script, treatment, 

or narrative description to the extent agreed 

upon by DoD [and as further described by 

llll]. The production company must 

obtain, in advance, DoD concurrence for any 

subsequent changes proposed to the military 

depictions made to either the picture or the 

sound portions of the production before these 

changes are undertaken. 

3. The operational capability and readiness 

of the Military Components will not be 

impaired. Unforeseen contingencies affecting 

national security or other emergency 

circumstances such as disaster relief may 

temporarily or permanently preclude the use 

of military resources. In these circumstances, 

DoD will not be liable, financially or 

otherwise, for any resulting negative impact 

or prejudice to the production caused by the 

premature withdrawal or change in support 

to the production company. 

4. There will be no deviation from 

established DoD safety and conduct 

standards. The DoD project officer, or his or 

her designee, will coordinate such standards 

and compliance therewith. DoD will provide 

the production company advance notice of 


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such safety or conduct standards upon 

request. 

5. All DoD property or facilities damaged, 

used or altered by the production company 

in connection with the production will be 

restored by the production company to the 

same or better condition, cleaned and free of 

trash, normal wear and tear excepted, as 

when they were made available for the 

production company’s use. 

6. The production company will reimburse 

the U.S. Government for any additional 

expenses incurred as a result of the 

assistance rendered for the production of 

[enter title of production]. The estimated 

amount will be detailed and included in this 

Memorandum or as an attachment to it. 

7. The production company will be 

charged for only those expenses that are 

considered to be additional costs to DoD in 

excess of those that would otherwise have 

been incurred, including, but not limited to 

fuel, resultant depot maintenance, 

expendable supplies, travel and per diem, 

civilian overtime, and lost or damaged 

equipment. 

8. The production company will be 

charged for the travel, lodging, per diem, and 

incidental expenses for the DoD project 

officer, the DoD documentary officer, or his 

or her designee, and any other assigned 

military technical and safety advisor(s) 

whose presence may be required by DoD. For 

each of these individuals, the production 

company will provide: 

a. Round-trip air transportation and ground 

transfers to the production location(s) at 

which there is a military portrayal or 

involvement, at times deemed appropriate by 

the DoD project officer and the DoD 

documentary officer. 

b. Hotel accommodations equivalent to 

those provided to the production company’s 

crew. 

9. By approving DoD production assistance 

for [enter title of production], DoD hereby 

provides a general release to the production 

company for the use of any and all 

photography and sound recordings of any 

and all Service members, equipment, and 

real estate, subject to the limitations in this 

Memorandum (e.g., including, but not 

limited to, Paragraphs 11–14). 

10. As a condition of DoD assistance, the 

production company will: 

a. Indemnify and hold harmless the DoD, 

its agencies, officers, and employees against 

any claims (including claims for personal 

injury and death, damage to property, and 

attorneys’ fees) arising from the production 

company’s possession or use of DoD property 

or other assistance in connection with this 

production of [enter title of production]. This 

provision will not in any event require 

production company to indemnify or hold 

harmless the DoD, its agencies, officers, or 

employees from or against any claims arising 

from defects in DoD property or negligence 

on the part of DoD, its agencies, officers, or 

employees. 

b. Provide proof of adequate industry 

standard liability insurance, naming DoD as 

an additional insured entity prior to the 

commencement of production involving 

DoD. The production company will maintain, 

at its sole expense, insurance in such 

amounts and under such terms and 

conditions as may be required by DoD to 

protect its interests in the property involved. 

c. Not carry onto DoD property any nonprescription narcotic, hallucinogenic, or 

other controlled substance or alcoholic 

beverage without prior coordination with the 

DoD project officer or his or her designee. 

d. Not carry onto DoD property any real or 

prop firearms, weapons, explosives, or any 

special effects devices or equipment that 

cause or simulate explosions, flashes, flares, 

fire, loud noises, etc., without the prior 

approval of the DoD project officer and the 

supporting installation. 

e. Allow DoD public affairs personnel 

access to the production site(s) to conduct 

still and motion photography of DoD 

personnel and assets that are directly 

supporting the filming, and to allow DoD the 

use of production company-generated 

publicity and marketing materials. These 

materials are may be used to show DoD 

viewers how DoD is assisting in the 

production; such materials may be viewed by 

the general public if posted on an open DoD 

Web site or on ‘‘The Pentagon Channel’’ or 

other publicly-accessible media source. 

Therefore, no DoD personnel will photograph 

actual filming without the prior approval of 

the production company. 

11. The production company will screen 

for the DoD project officer, and the DoD 

documentary officer, or their designees, the 

roughly edited version of the production at 

a stage in editing when changes can be 

accommodated to allow DoD to confirm the 

military sequences conforms to the agreedupon script, treatment, or narrative 

description; to preclude release or disclosure 

of sensitive, security-related, or classified 

information; and to ensure that the privacy 

of DoD personnel is not violated. Should DoD 

determine that material in the production 

compromises any of the preceding concerns, 

DoD will alert the production company of the 

material, and the production company will 

remove the material from the production. 

12. If the recording or imagery to be used 

in the production captures medical treatment 

being performed on DoD personnel, the 

project officer shall require the production 

company to gain written consent from such 

DoD personnel. In the case of DoD personnel 

who are deceased or incapacitated, the 

project officer shall require the production 

company to gain written consent from the 

next of kin of the deceased or incapacitated 

DoD personnel. 

13. All Department of Defense uniformed 

and civilian personnel who are photographed 

or sound recorded by the documentary 

production company are considered to be on 

duty and are precluded from receiving any 

compensation from the production company 

or any other party as a result of their 

appearance in the production or subsequent 

authorized productions, or as a result of the 

use of their name, likeness, life story or other 

rights for any purpose. Military personnel in 

an off-duty, non-official status may be hired 

by the production company to perform as 

actors, extras, etc., provided there is no 

conflict with existing Service regulations. In 

such cases, these conditions apply: 

a. Contractual agreements are solely 

between those individuals and the 

production company; however, they should 

be consistent with industry standards. 

b. The DoD project officer will ensure that 

DoD personnel will comply with standards of 

conduct regulations in accepting 

employment. 

c. The production company is responsible 

for any disputes with unions governing the 

hiring of non-union actors or extras. 

14. No photography or sound recordings 

made with DoD assistance and no DoD 

photography and sound recordings released 

for this production will be reused or sold for 

use in other productions without DoD 

approval. The foregoing will not prohibit the 

production company from exploiting the 

production in any and all ancillary markets, 

now known or hereafter devised (including, 

without limitation, television, web content, 

home video and theme parks) or from using 

clips in promotional material relative thereto. 

15. The production company will identify 

any and all re-enactments in the production 

by placing the word ‘‘RE-ENACTMENT ‘‘on 

the screen, in a legible format and of a legible 

size, for either the duration of the reenactment or at the beginning of the reenactment for a period of not less than 3 

seconds and reappearing every subsequent 10 

seconds for a period of 3 seconds until 

complete. This activity will occur for every 

instance of a re-enactment in the production. 

16. The production company will place a 

credit in the end titles immediately above the 

‘‘Special Thanks’’ section (if any) 

substantially in the form of ‘‘Special Thanks 

to the United States Department of Defense,’’ 

with no less than one clear line above and 

one clear line below such credit 

acknowledging the DoD assistance provided. 

Such acknowledgment(s) will be in keeping 

with industry customs and practices, and 

will be of the same size and font used for 

other similar credits in the end titles. 

17. The production company will provide 

a minimum of five digital video (DVD) copies 

of the completed production within seven 

working days of initial broadcast to DoD, for 

internal briefings and for historical purposes. 

DoD will not exhibit these DVDs publicly or 

copy them; however, DoD is allowed to use 

short clips from them in official 

presentations by Service members and DoD 

civilian personnel who were directly 

involved in providing DoD assistance, for the 

sole purpose of illustrating DoD support to 

the production. However, DoD is prohibited 

from making these clips available to any 

other party for any other purpose. 

18. The undersigned parties warrant that 

they have the authority to agree to the terms 

of this Memorandum and that the consent of 

no other party is necessary to effectuate the 

full and complete satisfaction of the 

provisions contained herein. 

19. This Memorandum consists of [enter 

number] pages including [enter number of 

attachment(s)]. Each page will be initialed by 

the undersigned DoD and production 

company representatives. 

FOR THE DEPARTMENT OF DEFENSE 

lllllllllllllllllllll

Signature and Date 

Name of DoD Representative: 

lllllllllllllllllllll

Title and Address 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 180 / Wednesday, September 17, 2014 / Proposed Rules 55687 

1The original version of the bill did provide for 

certain permanent exemptions, including for library 

browsing, reverse engineering, and other activities, 

Continued 

FOR [ENTER PRODUCTION COMPANY] 

lllllllllllllllllllll

Signature and Date 

Name of Production Company 

Representative: 

lllllllllllllllllllll

Title and Address 

Dated: September 11, 2014. 

Aaron Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2014–22030 Filed 9–16–14; 8:45 am] 

BILLING CODE 5001–06–P 

LIBRARY OF CONGRESS 

U.S. Copyright Office 

37 CFR Part 201 

[Docket No. 2014–07] 

Exemption to Prohibition on 

Circumvention of Copyright Protection 

Systems for Access Control 

Technologies 

AGENCY: U.S. Copyright Office, Library 

of Congress. 

ACTION: Notice of inquiry and request for 

petitions. 

SUMMARY: The United States Copyright 

Office is initiating the sixth triennial 

rulemaking proceeding under the Digital 

Millennium Copyright Act, concerning 

possible exemptions to the Act’s 

prohibition against circumvention of 

technological measures that control 

access to copyrighted works. The 

Copyright Office invites written 

petitions for proposed exemptions from 

interested parties. Unlike in previous 

rulemakings, the Office is not requesting 

the submission of complete legal and 

factual support for such proposals at the 

outset of the proceeding. Instead, in this 

first step of the process, parties seeking 

an exemption may submit a petition 

setting forth specified elements of the 

proposed exemption, as explained in 

this notice. After receiving petitions for 

proposed exemptions, the Office will 

consider the petitions, group and/or 

consolidate related and overlapping 

proposals, and issue a notice of 

proposed rulemaking setting forth the 

list of proposed exemptions for further 

consideration. The notice of proposed 

rulemaking will invite full legal and 

evidentiary submissions and provide 

further guidance as to the types of 

evidence that may be expected or useful 

vis-a`-vis particular proposals, with the 

aim of producing a well-developed 

administrative record. 

The Office believes that the 

adjustments it is making to its process, 

as discussed in this notice, will enhance 

public understanding of the rulemaking 

process, including its legal and 

evidentiary requirements, and facilitate 

more effective participation in the 

triennial proceeding. 

DATES: Written petitions for proposed 

exemptions must be received no later 

than November 3, 2014. 

ADDRESSES: Each proposal for an 

exemption should be submitted as a 

separate petition. The Copyright Office 

strongly prefers that petitions for 

proposed exemptions be submitted 

electronically. See the SUPPLEMENTARY

INFORMATION section below for 

information about the content and 

format requirements for petitions. A 

petition submission page and a template 

petition form will be posted on the 

Copyright Office Web site at http:// 

www.copyright.gov/1201/. To meet 

accessibility standards, all petitions 

must be uploaded in a single file in 

either the Portable Document File (PDF) 

format that contains searchable, 

accessible text (not an image); Microsoft 

Word; WordPerfect; Rich Text Format 

(RTF); or ASCII text file format (not a 

scanned document). The maximum file 

size is 6 megabytes (MB). The name of 

the submitter (and organization) should 

appear on both the form and the face of 

the comments. Petitions will be posted 

publicly on the Copyright Office Web 

site in the form they are received, along 

with the name of the submitter or 

organization. If electronic submission is 

not feasible, please contact the 

Copyright Office at 202–707–8350 for 

special instructions. 

FOR FURTHER INFORMATION CONTACT: 

Jacqueline C. Charlesworth, General 

Counsel and Associate Register of 

Copyrights, by email at 

jcharlesworth@loc.gov or by telephone 

at 202–707–8350; Sarang V. Damle, 

Special Advisor to the General Counsel, 

by email at sdam@loc.gov or by 

telephone at 202–707–8350; or Stephen 

Ruwe, Attorney-Advisor, by email at 

sruwe@loc.gov or by telephone at 202– 

707–8350. 

SUPPLEMENTARY INFORMATION: As 

contemplated by 17 U.S.C. 1201(a)(1), 

the U.S. Copyright Office is initiating a 

proceeding to determine whether there 

are any classes of copyrighted works for 

which noninfringing uses are, or in the 

next three years are likely to be, 

adversely affected by the prohibition on 

circumvention of technological 

measures that control access to 

copyrighted works. The Office invites 

submission of petitions for proposed 

exemptions, the requirements for which 

are described in part IV.B.1 below. 

I. Background 

In 1998, Congress enacted the Digital 

Millennium Copyright Act (‘‘DMCA’’) to 

implement certain provisions of the 

WIPO Copyright Treaty and WIPO 

Performances and Phonograms Treaty. 

See generally Public Law 105–304, 112 

Stat. 2860 (1998). The DMCA governs 

many aspects of the digital marketplace 

for copyrighted works by establishing ‘‘a 

wide range of rules . . . for electronic 

commerce’’ and ‘‘defin[ing] whether 

consumers and businesses may engage 

in certain conduct, or use certain 

devices, in the course of transacting 

electronic commerce.’’ Report of the H. 

Comm. on Commerce on the Digital 

Millennium Copyright Act of 1998, H.R. 

Rep. No. 105–551, pt. 2, at 22 (1998) 

(‘‘Commerce Comm. Report’’). 

Among other things, title I of the 

DMCA, which added a new chapter 12 

to title 17 of the U.S. Code, prohibits 

circumvention of technological 

measures employed by or on behalf of 

copyright owners to protect access to 

their works (also known as ‘‘access 

controls’’). Specifically, section 

1201(a)(1)(A) provides in pertinent part 

that ‘‘[n]o person shall circumvent a 

technological measure that effectively 

controls access to a work protected 

under [title 17].’’ Under the statute, to 

‘‘circumvent a technological measure’’ 

means ‘‘to descramble a scrambled 

work, to decrypt an encrypted work, or 

otherwise to avoid, bypass, remove, 

deactivate, or impair a technological 

measure, without the authority of the 

copyright owner.’’ 17 U.S.C. 

1201(a)(3)(A). A technological measure 

that ‘‘effectively controls access to a 

work’’ is one that ‘‘in the ordinary 

course of its operation, requires the 

application of information, or a process 

or a treatment, with the authority of the 

copyright owner, to gain access to the 

work.’’ 17 U.S.C. 1201(a)(3)(B). In 

enacting this prohibition, Congress 

noted that technological protection 

measures can ‘‘support new ways of 

disseminating copyrighted materials to 

users, and to safeguard the availability 

of legitimate uses of those materials by 

individuals.’’ Staff of House Comm. on 

the Judiciary, 105th Cong., Section-bySection Analysis of H.R. 2281 as passed 

by the United States House of 

Representatives on August 4, 1998, at 6 

(Comm. Print 1998) (‘‘House Manager’s 

Report’’). 

As originally drafted, the prohibition 

in section 1201(a)(1)(A) did not provide 

for an exemption process.1 The House of 


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