28050 Federal Register / Vol. 60, No. 103 / Tuesday, May 30, 1995 / Rules and Regulations

subject to the AOC provisions, to read

‘‘R645–301–553.500 through R645–301–

553.540’’ and correcting the crossreferenced provisions in the phrase

‘‘R645–301–553.650 through R645–301–

553.653’’ to read ‘‘R645–301–553.650

through R645–301–553.651.’’

[FR Doc. 95–13156 Filed 5–26–95; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 216

Military Recruiting at Institutions of

Higher Education

AGENCY: Office of the Secretary, DoD.

ACTION: Interim rule.

SUMMARY: The Department of Defense

adopts this interim rule to implement

the ‘‘National Defense Authorization

Act for Fiscal Year 1995. It updates

policy, procedures, and responsibilities

for identifying and taking action against

any institution of higher education that

has a policy of denying, or, that

effectively prevents, the Secretary of

Defense from obtaining for military

recruiting purposes: Entry to campuses,

access to students on campuses, or

access to student directory information.

No funds available to the Department of

Defense (DoD) may be provided by grant

or contract to any such institution. The

new law allows no basis for waivers.

DATES: This interim rule is effective on

May 30, 1995. Written comments on this

rule must be received by July 31, 1995.

ADDRESSES: Forward comments to the

Director for Accession Policy, Office of

the Assistant Secretary of Defense for

Force Management Policy, 4000 Defense

Pentagon, Washington, DC 20301–4000.

FOR FURTHER INFORMATION CONTACT:

Ronald G. Liveris, (703) 697–9268.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

This interim rule is not a ‘‘significant

regulatory action,’’ as defined by

Executive Order 12866. The Department

of Defense believes that it will 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 our of legal

mandates, the President’s priorities, or

the principles set forth in Executive

Order 12866.

Regulatory Flexibility Act of 1980 (5

U.S.C. 605(b))

This interim rule will not have a

significant adverse impact on a

substantial number of small entities.

Paperwork Reduction Act of 1980 (44

U.S.C., Chapter 35)

This interim rule will not impose any

additional reporting or record keeping

requirements under the Paperwork

Reduction Act.

List of Subjects in 32 CFR Part 216

Armed Forces, Colleges and

universities, Recruiting personnel.

Accordingly, 32 CFR part 216 is

revised to read as follows:

PART 216—MILITARY RECRUITING AT

INSTITUTIONS OF HIGHER

EDUCATION

Sec.

216.1 Purpose.

216.2 Applicability.

216.3 Definitions.

216.4 Responsibility.

Appendix A to part 216—Sample Letter of

Inquiry

Authority: 10 U.S.C. 503 note.

§ 216.1 Purpose.

This part implements section 558,

The National Defense Authorization Act

for Fiscal Year 1995, Pub. L. 103–337

(See 10 U.S.C. section 503 note). It

updates policy and responsibilities for

identifying and taking action regarding

institutions of higher education that

either have a policy of denying or

effectively bar military recruiting

personnel from entry to their campuses,

or from access to student directory

information.

§ 216.2 Applicability.

This part applies to the Office of the

Secretary of Defense, the Military

Departments, the Chairman of the Joint

Chiefs of Staff, the Unified and

Specified Combatant Commands, the

Uniformed Services University of

Health Sciences (USUHS), the Defense

Agencies, and DoD Field Activities

(hereafter referred to collectively as ‘‘the

DoD Components’’). The term ‘‘Military

Services,’’ as used herein, refers to the

Army, the Navy, the Air Force, and the

Marine Corps.

§ 216.3 Definitions.

(a) Directory information. Referring to

a student means the student’s name,

address, telephone listing, date and

place of birth, level of education,

degrees received, and the most recent

previous educational institution

enrolled in by student.

(b) Institution of higher education. A

domestic college, university, or subelement of a university providing postsecondary school courses of study,

including foreign campuses of such

institutions. This includes junior

colleges, community colleges, and

institutions providing courses leading to

undergraduate and post-graduate

degrees. The term ‘‘institution of higher

education’’ does not include entities

that operate exclusively outside the

United States, its territories, and

possessions.

(c) Student. An individual who is 17

years of age or older and enrolled in an

institution of higher education.

§ 216.4 Policy.

(a) Under section 558 of the National

Defense Authorization Act for Fiscal

Year 1995, no funds available to the

Department of Defense (DoD) may be

provided by grant or contract to any

institution of higher education that

either has a policy of denying or that

effectively prevents the Secretary of

Defense from obtaining, for military

recruiting purposes, entry to campuses

or access to students on campuses or

access to directory information

pertaining to students. This prohibition

on use of DoD funds applies only to subelements of an institution of higher

education that are determined to have

such a policy or practice.

(b) An evaluation to determine

whether an institution of higher

education has a policy of denying, or is

effectively preventing, the Secretary of

Defense from obtaining entry to the

campuses, access to students on

campuses, or access to student directory

information shall be undertaken when:

(1) Military recruiting personnel

cannot obtain permission to recruit on

the premises of the institution or when

they are refused directory information.

Military recruiting personnel shall

accommodate an institution’s

reasonable preferences as to times and

places for scheduling on-campus

recruiting, provided that any such

restrictions are not based on the policies

or practices of the Department of

Defense and the Military Services are

provided entry to the campus and

access to students on campus and

directory information; or

(2) The institution is unwilling to

declare in writing as a prerequisite to an
Federal Register / Vol. 60, No. 103 / Tuesday, May 30, 1995 / Rules and Regulations 28051

education and training award that the

institution does not have a policy of

denying, and that it does not effectively

prevent, the Secretary of Defense from

obtaining for military recruiting

purposes entry to campuses or access to

students on campuses, or access to

student directory information.

(3) The institution does not accept

terms or conditions of a DoD contract or

grant specified under § 216.5(b)(2).

(c) A determination that military

recruiting personnel are denied access

will not be made when the institution:

(1) Excludes all employers from

recruiting on the premises of the

institution.

(2) Permits employers to recruit on

the premises of the institution only in

response to an expression of student

interest, and the institution:

(i) Provides the Military Services with

the same opportunities to inform the

students of military recruiting activities

as are available to other employers.

(ii) Certifies that too few students

have expressed an interest to warrant

accommodating military recruiters,

applying the same criteria that are

applicable to other employers.

(3) In the case of not providing any

directory information, certifies that this

information is not collected by the

institution.

(4) In the case of not providing

directory information for specific

students, certifies that each student

concerned (or his or her parent, in the

case of a 17-year old) has formally

requested the institution to withhold

providing this information from military

recruiting personnel for military

recruiting purposes.

§ 216.5 Responsibilities.

(a) The Assistant Secretary of Defense

for Force Management Policy, under the

Under Secretary of Defense for

Personnel and Readiness, shall:

(1) Not later than 30 days after receipt

of the name(s) of institutions of higher

education under §§ 216.5(d)(2) and

216.5(e)(1):

(i) Make a final determination about

the eligibility of each such institution to

receive funds available to the

Department of Defense by grant or

contract under section 558 of the

National Defense Authorization Act for

Fiscal Year 1995 and this part.

(ii) Notify each institution determined

under § 216.5(a)(1)(i), that it is ineligible

to receive DoD funds under section 558

and this part. This notification shall

reflect the basis of this determination.

(iii) Disseminate the names of

institutions of higher education

identified under § 215.5(a)(1)(i), to all

DoD Components and to the General

Services Administration (GSA) for

inclusion in the Federal list of parties

excluded from Federal procurement or

nonprocurement programs.

(iv) Inform each institution identified

under § 216.5(d)(2), or § 216.5(e)(1), that

its eligibility to receive DoD funds may

be restored upon the institution

providing sufficient new information to

enable the Assistant Secretary of

Defense for Force Management Policy

(ASD(FMP)) to determine that the

institution provides entry to its

campus(es), access to students on the

campus(es), and access to directory

information on students.

(2) Not later than 45 days after receipt

of an institution’s request to restore its

eligibility:

(i) Determine whether the institution

is qualified to receive DoD funds under

section 558 of the National Defense

Authorization Act for Fiscal Year 1995

and this part.

(ii) Inform the institution of this

determination.

(iii) Provide the DoD Components and

GSA with the name of this institution if

its eligibility has been restored.

(3) Provide policy and procedures to:

(i) Cease education and training

awards of DoD funds (other than those

made by procurement grant or contract

subject to § 216.5(b)(1)) to institutions

identified under § 216.5(a)(1)(i).

(ii) Identify institutions unwilling to

declare in writing, as a prerequisite to

such an award of DoD funds for

education and training, that the

institution does not have a policy of

denying and that it does not effectively

prevent the Secretary of Defense from

obtaining for military recruiting

purposes: entry to campuses, access to

students on campuses, or access to

student directory information.

(b) The Under Secretary of Defense for

Acquisition and Technology shall

establish policy and procedures to:

(1) Deny DoD grant and contract

awards to all institutions identified

under § 216.5 (a)(1)(i).

(2) Include appropriate terms or

conditions in DoD grants and contracts

awarded to institutions of higher

education, to make payments under

such awards contingent upon the

institution’s not being one so identified.

(c) The Under Secretary of Defense

(Comptroller)/Chief Financial Officer

shall implement procedures to stop

payment of DoD funds through

contracts, grants, and other applicable

agreements made by the DoD or other

Federal Agencies to applicable

institutions identified under

§ 216.5(a)(1)(i).

(d) The Secretaries of the Military

Departments shall:

(1) Identify institutions that, by policy

or practice, deny military recruiting

personnel entry to the campus(es) of

those institutions, access to students, or

access to student directory information.

When repeated requests to schedule

recruiting visits or to obtain student

directory information are unsuccessful,

the Military Service concerned shall

seek written confirmation of the

institution’s present policy from the

head of the institution through a letter

of inquiry. The sample letter in

enclosure 1 shall be followed as closely

as possible. If written confirmation

cannot be obtained, oral policy

statements or attempts to obtain such

statements from an appropriate official

of the institution shall be documented.

(2) Evaluate the responses to the letter

of inquiry and of such other evidence

obtained in accordance with this Part as

may be appropriate and submit to the

ASD(FMP) the names and addresses of

institutions of higher education that are

recommended to be declared ineligible

to receive funds available to the

Department of Defense under section

558 of the National Defense

Authorization Act for Fiscal Year 1995

and this Part. Full documentation shall

be furnished to the ASD(FMP) for each

such institution, including the

institution’s formal response to the

letter of inquiry, or oral response or

evidence showing attempts to obtain

written confirmation or an oral

statement of the institution’s policies.

(e) The Heads of the DoD Components

shall:

(1) Provide the ASD(FMP) with the

names and addresses of institutions:

(i) Identified as a result of

implementing policies and procedures

promulgated under § 216.5(a)(3)(ii).

(ii) that do not accept terms or

conditions of a DoD grant or contract

specified under § 215.5(b)(2).

(2) Take immediate action to deny

DoD funds to institutions identified

under § 216.5(a)(1)(i) and to restore

eligibility of institutions identified

under § 216.5(a)(2)(i).

Appendix A to Part 216—Sample Letter of

Inquiry

Dr. John Doe

President

XYZ College

Anywhere, USA 12345–0123

Dear Dr. Doe: I understand that military

recruiting personnel are unable to recruit on

the campus of XYZ College and have been

refused directory information on XYZ

College students for military recruiting by

official policy of the College. Section 558 of

Public Law 103–337, the National Defense

Authorization Act for Fiscal Year 1995,

October 5, 1994, which is codified at 10

U.S.C. section 503 note, prohibits grant and
28052 Federal Register / Vol. 60, No. 103 / Tuesday, May 30, 1995 / Rules and Regulations

contract awards of DoD funds to any

institution of higher education that has a

policy of denying, or that effectively denies,

military recruiting personnel entry to

campuses, access to students on campuses, or

access to directory information on students.

DoD Directive 1322.13, ‘‘Military Recruiting

at Institutions of Higher Education,’’ codified

at 32 CFR part 216, implements section 558.

A copy of section 558 and DoD Directive

1322.13 is enclosed.

Under DoD Directive 1322.13, this letter

provides you an opportunity to clarify your

institution’s policy on military recruiting on

the campus of XYZ College. In this regard, I

request the official written policy of the

institution about visits of civilian employers

(public or private) and military recruiting

personnel to the campus for recruiting

college students, and access to directory

information on students.

Based on this information, a determination

shall be made by the Assistant Secretary of

Defense for Force Management Policy as to

your institution’s eligibility to receive DoD

funds by grant or contract. Should it be

determined that XYZ College is not qualified

to receive such funds, all current programs

requiring payment to XYZ College shall be

stopped, and it shall be ineligible to receive

future payments of DoD funds through

grants, contracts, and other applicable

agreements.

I regret that this action may have to be

taken. Successful recruiting requires that the

Department’s recruiters have reasonable

access to students on the campuses of

colleges and universities, and at the same

time to have effective relationships with the

officials and student bodies of these

institutions. I hope it will be possible for

military recruiters to schedule recruiting

visits at XYZ College in the near future. I am

available to answer any questions.

Sincerely,

Enclosures

Dated: May 22, 1995.

L.M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 95–13176 Filed 5–26–95; 8:45 am]

BILLING CODE 5000–04–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 9

[FRL–5211–8]

OMB Approval Numbers Under the

Paperwork Reduction Act

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Technical amendment.

SUMMARY: In compliance with the

Paperwork Reduction Act (PRA), this

technical amendment amends the table

in 40 CFR part 9 that displays the Office

of Management and Budget (OMB)

control numbers issued under the PRA.

This technical amendment amends the

table of OMB control numbers to

include the OMB control number for the

information collection requirements in

the rule entitled ‘‘Mandatory Patent

Licenses Under Section 308 of the Clean

Air Act.’’

EFFECTIVE DATE: This final rule is

effective June 29, 1995.

FOR FURTHER INFORMATION CONTACT:

Thomas Eagles, Office of Policy

Analysis and Review (Mail Code 6103),

Office of Air and Radiation, U.S.

Environmental Protection Agency, 401

M Street SW., Washington, DC 20460.

Telephone: (202) 260–5585.

SUPPLEMENTARY INFORMATION: EPA is

today amending the table of currently

approved information collection request

(ICR) control numbers issued by OMB

for various EPA regulations. Today’s

amendment updates the table to display

accurately the information requirements

promulgated under the rule entitled

‘‘Mandatory Patent Licenses Under

Section 308 of the Clean Air Act’’ which

appeared in the Federal Register on

December 30, 1994 (59 FR 67636–9).

The affected regulation is codified at 40

CFR part 95.

EPA will continue to present OMB

control numbers in a consolidated table

format to be codified in 40 CFR part 9

of the Agency’s regulations. The table

lists the CFR section numbers with

reporting and recordkeeping

requirements, and the current OMB

control numbers. This display of the

OMB control numbers and its

subsequent codification in the Code of

Federal Regulations satisfies the

requirements of the Paperwork

Reduction Act (44 U.S.C. 3501 et seq.)

and OMB’s implementing regulations at

5 CFR 1320.

A final rule entitled ‘‘Mandatory

Patent Licenses Under Section 308 of

the Clean Air Act’’ was published in the

Federal Register on December 30, 1994.

Notice of the ICR for this rule was

previously published for comment on

August 29, 1994 (59 FR 44392). OMB

approved the ICR on October 3, 1994.

The OMB approval of the ICR and the

associated OMB control number were

published in the Federal Register on

December 30, 1994 (59 FR 67637). As a

result, EPA finds that there is ‘‘good

cause’’ under section 553(b)(B) of the

Administrative Procedure Act (5 U.S.C.

553(b)(B)) to amend the table of OMB

control numbers without prior notice

and comment. Due to the technical

nature of the table, further notice and

comment would be unnecessary.

List of Subjects in 40 CFR Part 9

Reporting and recordkeeping

requirements.

Dated: May 19, 1995.

Carol M. Browner,

Administrator.

For the reasons set out in the

preamble, chapter 1, title 40 of the Code

of Federal Regulations, is amended as

follows:

PART 9—[AMENDED]

In part 9:

The authority citation for part 9

continues to read as follows:

Authority: 7 U.S.C. 135 et seq., 136–136y;

15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671;

21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33

U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318,

1321, 1326, 1330, 1342, 1344, 1345 (d) and

(e), 1361; E.O. 11735, 38 FR 21243, 3 CFR,

1971–1975 Comp. p. 973; 42 U.S.C. 241,

242b, 243, 246, 300f, 300g, 300g–1, 300g–2,

300g–3, 300g–4, 300g–5, 300g–6,300j–1,

300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq.,

6901–6992k, 7401–7671q, 7542, 9601–9657,

11023, 11048.

Section 9.1 is amended by adding a

new heading and a new entry to the

table under the new heading to read as

follows:

§ 9.1 OMB approvals under the Paperwork

Reduction Act.

* * * * *

40 CFR citation OMB control No.

* * * * *

Mandatory Patent Licenses:

* * * * *

95.2 ....................................... 2060–0307

* * * * *

[FR Doc. 95–13151 Filed 5–26–95; 8:45 am]

BILLING CODE 6560–50–M

40 CFR Part 51

[AD–FRL–5211–6]

RIN 2060–AE33

Preparation, Adoption, and Submittal

of State Implementation Plans; Test

Method 205, Appendix M

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: The purpose of this rule is to

add a test method which would be used

to verify the performance and accuracy

of gas dilution systems during a field

test. The test method is entitled,