32616 Federal Register / Vol. 63, No. 114 / Monday, June 15, 1998 /Rules and Regulations

procedures in the State, to authorize

stream buffer zone variances for coal

refuse disposal activities only where

such activities will not cause or

contribute to the violation of applicable

State or Federal water quality standards,

and will not adversely affect water

quality and quantity, or other

environmental resources of the stream.

(xxx) By July 1, 1998, Pennsylvania

shall amend the Pennsylvania program,

or provide a written description of an

amendment together with a timetable

for enactment which is consistent with

established administrative or legislative

procedures in the State, to clarify, in the

regulations to be developed to

implement the provisions of section 6.2

of the Coal Refuse Disposal Act (as is

required by Section 3.2(b) of the Coal

Refuse Disposal Act), that preexisting

discharges that are encountered must be

treated to the State effluent standards at

Chapter 90, subchapter D at 90.102.

(yyy) By July 1, 1998, Pennsylvania

shall amend the Pennsylvania program,

or provide a written description of an

amendment together with a timetable

for enactment which is consistent with

established administrative or legislative

procedures in the State, to clarify that

Subsection 6.2(h) of the Coal Refuse

Disposal Act pertains to preexisting

discharges that are not encountered′.

(zzz) By July 1, 1998, Pennsylvania

shall amend the Pennsylvania program,

or provide a written description of an

amendment together with a timetable

for enactment which is consistent with

established administrative or legislative

procedures in the State, to be no less

effective than 30 CFR 816.116(b)(5), by

limiting the application of the

revegetation standards under Subsection

6.2(k) of its Coal Refuse Disposal Act, to

areas that were previously disturbed by

mining and that were not reclaimed to

the State reclamation standards.

(aaaa) By July 1, 1998, Pennsylvania

shall amend the Pennsylvania program,

or provide a written description of an

amendment together with a timetable

for enactment which is consistent with

established administrative or legislative

procedures in the State, to clarify that

under Subsection 6.2(1) of its Coal

Refuse Disposal Act, a special

authorization for coal refuse disposal

operations will not be granted, when

such an authorization would result in

the site being reclaimed to lesser

standards than could be achieved if the

moneys paid into the Fund, as a result

of a prior forfeiture on the area, were

used to reclaim the site to the standards

approved in the original permit under

which the bond moneys were forfeited.

(bbbb) By July 1, 1998, Pennsylvania

shall amend the Pennsylvania program,

or provide a written description of an

amendment together with a timetable

for enactment which is consistent with

established administrative or legislative

procedures in the State, by adding

implementing rules no less effective

than 30 CFR 785.13, and no less

stringent than SMCRA Section 711 and

which clarify that experimental

practices are only approved as part of

the normal permit approval process and

only for departures from the

environmental protection performance

standards, and that each experimental

practice receive the approval of the

Secretary.

[FR Doc. 98–15762 Filed 6–12–98; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 212

[DoD Instruction 1000.15]

RIN 0790–AG53

Private Organizations on DoD

Installations

AGENCY: Assistant Secretary of Defense

for Force Management Policy, DoD.

ACTION: Final rule.

SUMMARY: The revision of this part will

ensure that private organizations

operating on DoD installations do so in

accordance with parameters established

for their authorization and support.

Private organizations are self-sustaining,

non-Federal entities which operate on

DoD installations outside the scope of

any official capacity as officers,

employees, or agents of the Federal

Government.

EFFECTIVE DATE: October 23, 1997.

FOR FURTHER INFORMATION CONTACT:

Martin S. Thomas III, LTC, USA, (703)

614–3112.

SUPPLEMENTARY INFORMATION: The

Department of Defense published a

proposed rule on February 24, 1998 (63

FR 9167). No material comments were

received.

Executive Order 12866, ‘‘Regulatory

Planning and Review’’

I, Francis M. Rush, Jr., Acting

Assistant Secretary of Defense for Force

Management Policy, hereby determine

that 32 CFR part 212 is not a significant

regulatory action. The rule does not:

(1) Have an annual effect on the

economy of $100 million or more or

adversely affect in a material way the

economy; a sector 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.

Public Law 96–354, ‘‘Regulatory

Flexibility Act’’ (5 USC 601)

I, Frank M. Rush, Jr., Acting Assistant

Secretary of Defense for Force

Management Policy, hereby certify that

this rule 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 primary effect of this rule will not

be on small businesses, but on private

organizations operating on DoD

installations as the procedures for their

authorization and support have been

redefined and reestablished in this final

rule.

Public Law 104–13, ‘‘Paperwork

Reduction Act of 1995’’ (44 USC

Chapter 35)

I, Francis M. Rush, Jr., Acting

Assistant Secretary of Defense for Force

Management Policy, hereby certify that

32 CFR part 212 does not impose any

reporting or recordkeeping requirements

under the Paperwork Reduction Act of

1995 (44 U.S.C. 3501 et seq.).

List of Subjects in 32 CFR Part 212

DoD installations, Federal building

and facilities, Private organizations.

Accordingly, 32 CFR part 212 is

revised to read as follows:

PART 212—PRIVATE ORGANIZATIONS

ON DOD INSTALLATIONS

Sec.

212.1 Reissuance and purpose.

212.2 Applicability.

212.3 Definitions.

212.4 Policy.

212.5 Responsibilities.

212.6 Procedures.

Authority: 5 U.S.C. 301.

§ 212.1 Reissuance and purpose.

This part:

(a) Revises 32 CFR part 212.
Federal Register / Vol. 63, No. 114 / Monday, June 15, 1998 /Rules and Regulations 32617

1Copies may be obtained, if needed, from the

National Technical Information Service (NTIS),

5285 Port Royal Road, Springfield, VA 22161. 2See footnote to § 212.1(b).

(b) Implements policy in DoD

Directive 5124.5.1

(c) Updates responsibilities and

procedures to define and reestablish

parameters for private organizations

located on DoD installations for their

authorization and support.

§ 212.2 Applicability.

This part applies to:

(a) The Office of the Secretary of

Defense (OSD), the Military

Departments, the Chairman of the Joint

Chiefs of Staff, the Combatant

Commands, the Defense Agencies, and

DoD Field Activities (hereafter referred

to collectively as the ‘‘DoD

Components’’).

(b) Private organizations authorized to

operate on DoD installations.

§ 212.3 Definitions.

(a) DoD Installation. A location,

facility, or activity owned, leased,

assigned to, controlled, or occupied by

a DoD Component.

(b) Private Organizations. Selfsustaining and non-Federal entities,

incorporated or unincorporated, which

are operated on DoD installations with

the written consent of the installation

commander or higher authority, by

individuals acting exclusively outside

the scope of any official capacity as

officers, employees, or agents of the

Federal Government.

§ 212.4 Policy.

It is DoD policy under DoD Directive

5124.5 that procedures be established

for the operation of private

organizations on DoD installations to

prevent the official sanction,

endorsement, or support by DoD

Components except as in 32 CFR part

84. Private organizations are not entitled

to sovereign immunity and privileges

accorded to Federal entities and

instrumentalities. Private organizations

are not Federal entities and are not to

be treated as such, in order to avoid

conflicts of interest and unauthorized

expenditures of appropriated,

commissary surcharge, or

nonappropriated funds.

§ 212.5 Responsibilities.

(a) The Assistant Secretary of Defense

for Force Management Policy, under the

Under Secretary of Defense for

Personnel and Readiness, shall be

responsible for all policy matters and

OSD oversight for the monitoring of

private organizations on DoD

installations.

(b) The Heads of the DoD Components

shall implement this part, shall be kept

aware of all private organizations

located on installations under their

jurisdictions, and ensure that periodic

reviews of private organizations are

conducted to:

(1) Ensure for each such private

organization that the membership

provisions and purposes on the basis of

which the organization was permitted

on the installation continue to apply,

thereby justifying continuance on the

installation. Substantial changes to

those conditions shall necessitate

further review, documentation, and

approval for continued permission to

remain on the installation.

(2) Furnish reports to the Assistant

Secretary of Defense for Force

Management Policy on private

organizations covered by this part as

required.

§ 212.6 Procedures.

(a) To prevent the appearance of an

official sanction or support by the

Department of Defense, a private

organization covered by this part shall

not utilize the following in its title or

letterhead:

(1) The name or seal of the

Department of Defense or the acronym

‘‘DoD.’’

(2) The name, abbreviation, or seal of

any DoD Component or instrumentality.

(3) The seal, insignia, or other

identifying device of the local

installation.

(4) Any other name, abbreviation,

seal, logo, insignia, or the like, used by

any DOD Component to identify any of

its programs, locations, or activities.

(b) Activities of private organizations

covered by this part shall not in any

way prejudice or discredit the DoD

Components or the other Agencies of

the Federal Government.

(c) The nature, function, and

objectives of a private organization

covered by this part shall be delineated

in a written constitution, by-laws,

charter, articles of agreement, or other

authorization documents acceptable to

the head of the DoD installation. That

documentation shall also include:

(1) Description of membership

eligibility in the private organization.

(2) Designation of management

responsibilities, to include the

accountability for assets, satisfaction of

liabilities, disposition of any residual

assets on dissolution, and other matters

that show responsible financial

management.

(3) Documentation indicating an

understanding by all members as to

whether they are personally liable if the

assets are insufficient to discharge all

liabilities.

(d) A private organization covered by

this part that offers programs or services

similar to either appropriated or

nonappropriated fund activities on a

DoD installation shall not compete with,

but may, when specifically authorized

in the approval document, supplement

those activities.

(e) Private organizations covered by

this part shall be self-sustaining,

primarily through dues, contributions,

service charges, fees, or special

assessment of members. There shall be

no financial assistance to a private

organization from a nonappropriated

fund instrumentality in the form of

contributions, repairs, services,

dividends, or other donations of money

or other assets. Fundraising and

membership drives are governed by 32

CFR part 84.

(f) The DoD Components may provide

logistical support to private

organizations with appropriated Federal

Government resources in accordance

with 32 CFR part 84. In conformance

with DoD Directive 1015.1,2

nonappropriated fund instrumentalities

funds or assets shall not be directly or

indirectly transferred to private

organizations.

(g) Personal and professional

participation in private organizations by

DoD employees is governed by 32 CFR

part 84.

(h) Neither appropriated fund

activities nor nonappropriated fund

instrumentalities may assert any claim

to the assets, or incur or assume any

obligation of any private organization

covered by this part except as may arise

out of contractual relationships.

Property abandoned by a private

organization on its disestablishment or

departure from the installation, or

donated by it to the installation, may be

acquired by the DoD installation under

the terms of applicable agreements,

statutes, and DoD policy.

(i) Adequate insurance, as defined by

the Service concerned, shall be secured

by the organization to protect against

public liability and property damage

claims or other legal actions that may

arise as a result of activities of the

organization or one or more of its

members acting in its behalf, or the

operation of any equipment, apparatus

or device under the control and

responsibility of the private

organization.

(j) Private organizations shall be

responsible for ensuring applicable fire

and safety regulations, environmental

laws, local, state, and Federal tax codes,
32618 Federal Register / Vol. 63, No. 114 / Monday, June 15, 1998 /Rules and Regulations

3See footnote to § 212.1(b).

4See footnote to § 212.1(b).

5See footnote to § 212.1(b).

6See footnote to § 212.1(b).

and any other applicable statutes and

regulations are complied within the

operation of the private organization.

(k) Income shall not accrue to

individual members except through

wages and salaries as employees of the

private organization or as award

recognition for service rendered to the

private organization or military

community. The head of a DoD

installation concerned may approve the

operation of private organizations, such

as investment clubs, in which the

investment of members’ personal funds

result in a return on investment directly

and solely to the individual members.

(l) No person because of race, color,

creed, sex, age, disability or national

origin shall be unlawfully denied

membership, unlawfully excluded from

participation, or otherwise subjected to

unlawful discrimination by any private

organization on a DoD installation

covered by this part. DoD installations

will publicly disseminate information

on procedures for individuals to follow

at the local installation when unlawful

discrimination by private organizations

is suspected.

(m) Applicable laws on labor

standards for employment shall be

observed.

(n) This part does not apply to the

following organizations, which are

governed by DoD Directives and

Instructions as referenced:

(1) Scouting organizations operating

at U.S. military installations located

overseas (DoD Instruction 1015.9).3

(2) American National Red Cross (DoD

Directive 1330.5).4

(3) United Service Organizations, Inc.

(DoD Directive 1330.12).5

(4) United Seamen’s Service (DoD

Directive 1330.16).6

(5) Financial Institutions on DoD

Installations (32 CFR part 231).

(o) Certain unofficial activities may be

conducted on DoD installations, but

need not be formally authorized because

of the limited scope of their activities,

membership or funds. Examples are

office coffee funds, flower funds, and

similar small, informal activities and

funds. DoD Components shall establish

the basis upon which such informal

activities and funds shall operate.

Dated: June 9, 1998.

Patricia L. Toppings,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 98–15808 Filed 6–12–98; 8:45 am]

BILLING CODE 5000–04–M

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 234

Conduct on the Pentagon Reservation

AGENCY: Department of Defense,

Washington Headquarters Services.

ACTION: Final rule.

SUMMARY: This document revises DoD

policy concerning conduct on the

Pentagon Reservation. The revisions are

intended to ensure that DoD regulations

are consistent with the statutory

authority on which they are based, and

to promote the safer, more efficient, and

more secure operation of the Pentagon

Reservation.

EFFECTIVE DATE: June 15, 1998.

FOR FURTHER INFORMATION CONTACT:

Thomas R. Brooke, Office of General

Counsel, Washington Headquarters

Services, 1155 Defense Pentagon Room

1D197, Washington, DC 20301–1155,

telephone (703) 693–7374.

SUPPLEMENTARY INFORMATION: On

January 8, 1996, the Department of

Defense published an interim final rule

in the Federal Register (61 FR 541).

Comments from the public were invited,

but none were received. In the two years

since the interim final rule was

published, the Department has

identified six sections requiring minor

changes and has recognized the need to

add one additional section.

The first change is the combination of

the definitions of firearm and weapon in

§ 234.1. Because there is no functional

reason to keep the definitions separate,

they have been combined under the

definition of weapon.

The second change is the

incorporation of § 234.3 into § 234.17.

Section 234.17 is the main provision

addressing the use of vehicles on the

Pentagon Reservation. As such, it is the

natural place for the regulations to note

that, in general, traffic and the use of

vehicles are governed by state law. Also,

to remove any ambiguity as to the

application of state traffic laws, the

following sentence has been added:

‘‘Violating a provision of State law is

prohibited.’’

The third change is the amendment of

the language of § 234.8. The interim

language is awkward in that it reads in

part, ‘‘[D]amage to []private property is

prohibited.’’ The meaning of the

provision is conveyed more

straightforwardly in the final version,

which prohibits ‘‘destroying or

damaging private property.’’ Also, the

word ‘‘willfully’’ has been added to

distinguish between intentional and

accidental acts. This distinction is

consistent with the statutory authority

for the regulations, which provides a

criminal penalty only for willful

violations of the regulations. Finally, the

section’s prohibition against the

‘‘creation of any hazard to persons or

things’’ has been deleted because the

subject is already addressed in the

previous section, at § 234.7(d).

The fourth change is an amendment

to the language of § 234.10. Because

certain implements used for

construction and other lawful purposes

fall under this regulation’s definition of

‘‘weapons,’’ paragraph (b) of that

section, has been amended to allow the

exemption of weapons used in support

of a ‘‘security, law enforcement, or other

lawful purpose.’’

The fifth change, for the sake of

clarity and accuracy, is the replacement

of the word ‘‘use’’ in § 234.11, referring

to alcoholic beverages, with the term

‘‘consumption.’’

The sixth change, to remove any

ambiguity as to the application of

certain parking-related Department of

Defense regulations and state laws, is

the addition of the following clause in

§ 234.18, which addresses the

enforcement of parking regulations:

‘‘violating such provisions is

prohibited.’’

Finally, a new § 234.5 has been

added. Section 40b.3 of the former

regulations governing conduct at the

Pentagon required compliance with

official signs and the lawful directions

of police officers. The provision

covering directions from police officers

was incorporated into the interim final

version of § 234.6, but the officials signs

provision was mistakenly left out of the

interim final regulations. The final

version of § 234.5 restores that

provision. The language of the section is

almost identical to the General Services

Administration official signs provision

found at 41 CFR part 101–20.304.

It has been certified that this rule is

not a significant rule as defined under

section 3(f)(1) through 3(f)(4) of

Executive Order 12866. Further, it has

been certified that this rule will not

have a significant economic impact on

a substantial number of small entities

because it affects only those entities and

persons who are on the Pentagon

Reservation. Finally, it has been

certified that this rule does not impose

any reporting or recordkeeping

requirements under the Paperwork

Reduction Act of 1995.

List of Subjects in 32 CFR Part 234

Alcohol abuse, Drug testing, Federal

buildings and facilities, Security

measures, Traffic regulations.