This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

19411 

Vol. 72, No. 74 

Wednesday, April 18, 2007 

1Copies may be obtained at http://www.dtic.mil/ 

whs/directives/. 

2Copies may be obtained at http://www.dtic.mil/ 

whs/directives/. 

3A Federal district judge has ruled that support 

to BSA under section 2554 of Reference (g) is 

Continued 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 213 

[DOD–2006–OS–0107] 

RIN 0790–AI18 

Support for Non-Federal Entities 

Authorized To Operate on DoD 

Installations 

AGENCY: Department of Defense. 

ACTION: Proposed rule. 

SUMMARY: This rule establishes policy 

and assigns responsibilities under DoD 

Directive 5124.8 for standardizing 

support to Non-Federal entities 

authorized to operate on DoD 

installations. Designates the Secretary of 

Army as the DoD executive agent for: 

Support to Boy Scout and Girl Scout 

local councils and organizations in areas 

outside of the United States; support for 

the national Boy Scout jamboree; the 

annual DoD audit of the American Red 

Cross (ARC) accounts and the 

subsequent report to Congress; and 

necessary ARC deployment support. It 

also designates the Secretary of the Air 

Force as the DoD Executive Agent for 

conducting the Armed Forces 

Entertainment program. It will have 

minimal impact on the public. 

DATES: Comments must be received by 

June 18, 2007. Do not submit comments 

directly to the point of contact or mail 

your comments to any address other 

than what is shown below. Doing so 

will delay the posting of the submission. 

ADDRESSES: You may submit comments, 

identified by docket number and or RIN 

number and title, by any of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Federal Docket Management 

System Office, 1160 Defense Pentagon, 

Washington, DC 20301–1160. 

Instructions: All submissions received 

must include the agency name and 

docket number or Regulatory 

Information Number (RIN) for this 

Federal Register document. The general 

policy for comments and other 

submissions from members of the public 

is to make these submissions available 

for public viewing on the Internet at 

http://regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: Pam 

Crespi 703–602–5004. 

SUPPLEMENTARY INFORMATION: 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ 

This proposed regulatory action is not 

a significant regulatory action, as 

defined by Executive Order 12866 and 

does not: 

(1) Have an annual effect to 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 this Executive Order. 

Unfunded Mandates Reform Act (Sec. 

202, Pub. L. 104–4) 

The proposed regulatory action 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) 

The proposed regulatory action 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. The rule 

establishes policy and assigns executive 

agent responsibilities but taken 

cumulatively, those changes would not 

have a significant impact on a 

substantial number of small entities. 

Public Law 96–511, ‘‘Paperwork 

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

The proposed regulatory action does 

impose reporting or recordkeeping 

requirements under the Paperwork 

Reduction Act of 1995. 

Executive Order 13132, ‘‘Federalism’’ 

The proposed regulatory action 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 213 

Federal buildings and facilities. 

Accordingly, 32 CFR part 213 is 

proposed to be added to read as follows: 

PART 213—SUPPORT FOR NONFEDERAL ENTITIES AUTHORIZED TO 

OPERATE ON DOD INSTALLATIONS 

Sec. 

213.1 Purpose. 

213.2 Applicability and scope. 

213.3 Definition. 

213.4 Policy. 

213.5 Responsibilities 

Authority: 10 U.S.C. 2554 and 2606. 

§ 213.1 Purpose. 

This part: 

(a) Authorizes 32 CFR part 212. 

(b) Establishes policy and assigns 

responsibilities under DoD Directive 

5124.8 1 for standardizing support to 

non-Federal entities authorized to 

operate on DoD installations. 

(c) Designates the Secretary of the 

Army as the DoD Executive Agent (DoD 

EA) according to DoD Directive 5101.1: 2

(1) For DoD support to the Boy Scouts 

of America (BSA) and Girl Scouts of the 

United States of America (GSUSA) local 

councils and organizations in areas 

outside of the United States 10 U.S.C. 

2606. DoD support will also cover the 

periodic national jamboree according to 

10 U.S.C. 2606.3


rmajette on PROD1PC67 with PROPOSALS
19412 Federal Register / Vol. 72, No. 74 / Wednesday, April 18, 2007 / Proposed Rules 

unconstitutional, and has enjoined the Department 

of Defense from providing future support under that 

statute. The Department of Defense is appealing that 

order. However, unless the order is overturned on 

appeal, the Department of Defense cannot provide 

any support to BSA using this statute. Contact your 

local legal office for further guidance. 

4Copies may be obtained at http://www.dtic.mil/ 

whs/directives/. 

5Copies may be obtained at http://www.dtic.mil/ 

whs/directives/. 

6Copies may be obtained at http://www.dtic.mil/ 

whs/directives/. 

7Copies may be obtained at http://www.dtic.mil/ 

whs/directives/. 

(2) To perform the annual audit of the 

American Red Cross (ARC) accounts 

and to prepare and submit the annual 

report to Congress according to 36 

U.S.C. 300110. 

(3) To provide the ARC with the 

necessary deployment support. 

(d) Designates the Secretary of the Air 

Force as the DoD EA responsible for 

conducting the Armed Forces 

Entertainment (AFE) program. 

§ 213.2 Applicability and scope. 

This part: 

(a) Applies to the Office of the 

Secretary of Defense, the Military 

Departments, the Chairman of the Joint 

Chiefs of 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 (hereafter referred to 

collectively as the ‘‘DoD Components’’) 

and non-Federal entities authorized to 

operate on DoD installations. 

(b) Shall not revise, modify, or rescind 

any Memorandum of Understanding 

(MOU) between a non-Federal entity 

and the U.S. Government or the 

Department of Defense or their 

implementing arrangements in existence 

as of the effective date of this Directive. 

Additionally, the Directive shall not 

revise, modify, or rescind any MOU 

between the Department of Justice (DoJ) 

and the Department of Defense that is in 

existence as of the effective date of this 

Directive. Any such agreements shall, as 

they expire, come up for renewal, or as 

circumstances otherwise permit, be 

revised to conform to this Directive and 

any implementing guidance. 

(c). Does not apply to banks or credit 

unions addressed in DoD Directive 

1000.11 4 or the Civil Air Patrol 

according to 10 U.S.C. 2554. 

§ 213.3 Definition. 

Non-federal entities. A non-Federal 

entity is generally a self-sustaining, nonFederal person or organization, 

established, operated, and controlled by 

any individual(s) acting outside the 

scope of any official capacity as officers, 

employees, or agents of the Federal 

Government. This Directive addresses 

only those entities that may operate on 

DoD installations with the express 

consent of the installation commander 

or higher authority under applicable 

regulations. Non-Federal entities may 

include elements of state, interstate, 

Indian tribal, and local government, as 

well as private organizations. 

§ 213.4 Policy. 

It is DoD policy that: 

(a) DoD support for non-Federal 

entities shall be in accordance with 

relevant statutes as well as DoD 5500.7–

R.5 In accordance with DoD 5500.7–R 

and to avoid preferential treatment, DoD 

support should be uniform, recognizing 

that non-Federal entity support of 

Service members and their families can 

be important to their welfare. 

(b) Under DoD Directive 5124.8 

procedures shall be established as 

Instructions and agreements for the 

operation of non-Federal entities on 

DoD installations and for the 

prohibition of official sanction, 

endorsement, or support by the DoD 

Components and officials, except as 

authorized by DoD 5500.7–R and 

applicable law. Instructions and 

agreements must be compatible with the 

primary mission of the Department and 

provide for Congressionally authorized 

support to non-Federal entities on DoD 

installations. 

(c) In accordance with DoD 5500.7–R, 

installation commanders or higher 

authority may authorize, in writing, 

logistical support for events, including 

fundraising events, sponsored by nonFederal entities covered by this part. 

(d) Installation commanders or higher 

authority may coordinate with nonFederal entities in order to support 

appropriated or nonappropriated fund 

activities on DoD installations, so long 

as the support provided by the nonFederal entities does not compete with 

appropriated or nonappropriated fund 

activities. 

(e) Non-Federal entities are not 

entitled to sovereign immunity and the 

privileges given to Federal entities and 

instrumentalities. 

§ 213.5 Responsibilities. 

(a) The Principal Deputy Under 

Secretary of Defense for Personnel and 

Readiness (PDUSD(P&R)), under the 

Under Secretary of Defense for 

Personnel and Readiness, shall: 

(1) Be responsible for implementing 

all policy matters and Office of the 

Secretary of Defense oversight of nonFederal entities on DoD installations. 

(2) Develop procedures and execute 

any necessary agreements to implement 

policy for the operation of non-Federal 

entities on DoD installations. 

(3) Assign responsibilities to the DoD 

Components to accomplish specific 

oversight and administrative 

responsibilities with respect to nonFederal entities operating on DoD 

installations. 

(4) Oversee the activities of the 

designated DoD EA, assessing the need 

for continuation, currency, 

effectiveness, and efficiency of the DoD 

EA according to 10 U.S.C. 2554. Make 

recommendations for establishment of 

additional DoD EA assignments and 

arrangements as necessary. 

(b) The Secretary of the Army, as the 

designated DoD EA, and according to 10 

U.S.C. 2554, shall: 

(1) Perform the audit of the annual 

ARC accounts and prepare and submit 

the annual report according to 36 U.S.C. 

300110 and this part. 

(2) Coordinate support to the BSA and 

GSUSA according to DoD Instruction 

1015.9 6 and this part. 

(3) Provide necessary deployment 

support to ARC according to an 

approved DoD and ARC MOU. Initially, 

the Army will cover costs, except those 

paid by the ARC. The Army will then 

be reimbursed, upon its request, by the 

entity directly benefiting from the ARC 

support. 

(4) Designate a point of contact to 

coordinate matters regarding the DoD 

EA responsibilities, functions, and 

authorities. 

(c) The Secretary of the Air Force, as 

the designated DoD EA with 

responsibility for conducting the AFE 

program, shall administer the AFE 

program according to 10 U.S.C. 2554, 

DoD Instruction 1330.13,7 and this part 

to include the following: 

(1) Annually determine with the other 

DoD Components and the PDUSD (P&R) 

the scope of the program. 

(2) Budget, fund, and maintain 

accountability for approved 

appropriated fund expenses. Develop 

and implement supplemental guidance 

to identify allowable expenses and 

reimbursements. 

(3) Provide centralized services for 

selecting, declining, scheduling, and 

processing entertainment groups for 

overseas. 

(4) Designate a point of contact to 

coordinate matters regarding the DoD 

EA responsibilities, functions, and 

authorities. 


rmajette on PROD1PC67 with PROPOSALS
Federal Register / Vol. 72, No. 74 / Wednesday, April 18, 2007 / Proposed Rules 19413 

Dated: April 11, 2007. 

L.M. Bynum, 

Alternate OSD Federal Register Liaison 

Officer, DoD. 

[FR Doc. E7–7247 Filed 4–17–07; 8:45 am] 

BILLING CODE 5001–06–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R05–OAR–2006–0305; FRL–8301–8] 

Determination of Attainment, Approval 

and Promulgation of Implementation 

Plans and Designation of Areas for Air 

Quality Planning Purposes; Indiana; 

Redesignation of the South BendElkhart 8-Hour Nonattainment Area to 

Attainment for Ozone 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: On May 30, 2006, the Indiana 

Department of Environmental 

Management (IDEM) submitted a 

request for EPA approval of a 

redesignation of St. Joseph and Elkhart 

Counties to attainment of the 8-hour 

ozone National Ambient Air Quality 

Standard (NAAQS) and of an ozone 

maintenance plan for St. Joseph and 

Elkhart Counties as a revision to the 

Indiana State Implementation Plan 

(SIP). Today, EPA is proposing to 

approve Indiana’s request and 

corresponding SIP revision. EPA is also 

proposing to approve the Volatile 

Organic Compounds (VOC) and 

Nitrogen Oxides (NOX) Motor Vehicle 

Emission Budgets (MVEBs) for these 

Counties, as supported by the ozone 

maintenance plan for this area, for 

purposes of transportation conformity 

determinations. 

DATES: Comments must be received on 

or before May 18, 2007. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05–

OAR–2006–0305, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• E-mail: mooney.john@epa.gov. 

• Fax: (312) 886–5824. 

• Mail: John M. Mooney, Chief, 

Criteria Pollutant Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

• Hand Delivery: John M. Mooney, 

Chief, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois. Such deliveries are only 

accepted during the Regional Office’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office’s official hours of 

operation are Monday through Friday, 

8:30 AM to 4:30 PM, excluding Federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2006–

0305. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI, or otherwise 

protected, through www.regulations.gov 

or e-mail. The www.regulations.gov 

Web site is an ‘‘anonymous access’’

system, which means EPA will not 

know your identity or contact 

information unless you provide it in the 

body of your comment. If you send an 

e-mail comment directly to EPA without 

going through www.regulations.gov, 

your e-mail address will be 

automatically captured and included as 

part of the comment that is placed in the 

public docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters and any 

form of encryption, and should be free 

of any defects or viruses. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hardcopy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hardcopy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays. It is 

recommended that you telephone 

Steven Rosenthal, Environmental 

Engineer, at (312) 886–6052, before 

visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Steven Rosenthal, Environmental 

Engineer, Criteria Pollutant Section, Air 

Programs Branch (AR–18), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6052, 

doty.edward@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. This supplementary 

information section is arranged as 

follows: 

I. What Action Is EPA Proposing to Take? 

II. What Is the Background for This Action? 

III. What Are the Criteria for Redesignation 

to Attainment? 

IV. What Are EPA’s Analyses of the State’s 

Requests and What Are the Bases for 

EPA’s Proposed Action? 

V. Has Indiana Adopted Acceptable Motor 

Vehicle Emissions Budgets for the End of 

the 14-Year Maintenance Plan Which 

Can Be Used To Support Transportation 

Conformity Determinations? 

VI. What Is the Effect of EPA’s Proposed 

Action? 

VII. Statutory and Executive Order Reviews 

I. What Action is EPA Proposing to 

Take? 

We are proposing to take several 

related actions for St. Joseph and 

Elkhart Counties. First, we are 

proposing to determine that St. Joseph 

and Elkhart Counties have attained the 

8-hour ozone NAAQS based on air 

quality for the period of 2003 through 

2005. Second, we are proposing to 

approve Indiana’s ozone maintenance 

plan for St. Joseph and Elkhart Counties 

as a revision of the Indiana SIP. The 

maintenance plan is designed to keep 

St. Joseph and Elkhart Counties in 

attainment of the 8-hour ozone standard 

through 2020. As supported by and 

consistent with the ozone maintenance 

plan, we are also proposing to approve 

the 2020 VOC and NOX MVEBs for St. 

Joseph and Elkhart Counties for 

transportation conformity purposes. 

Finally, we are proposing to approve the 

request from the State of Indiana to 

change the designation of St. Joseph and 

Elkhart Counties from nonattainment to 

attainment of the 8-hour ozone NAAQS. 

We have determined that the State and 

St. Joseph and Elkhart Counties have 

met the requirements for redesignation 

to attainment under section 107(d)(3)(E) 

of the Clean Air Act (CAA). 


rmajette on PROD1PC67 with PROPOSALS