Federal Register / Vol. 60, No. 68 / Monday, April 10, 1995 / Proposed Rules 18049

review with no determination as to

impacts from underground mining.

D. Enforcement in Maryland

By letter to Maryland dated December

13, 1994, OSM requested information

from Maryland that would help OSM

decide which approach to take in

Maryland to implement the new

requirements of section 720(a) of

SMCRA and the implementing Federal

regulations (Administrative Record No.

MD 570.0). By letter dated March 29,

1995, Maryland responded to this OSM

request (Administrative Record No. MD

570.1).

Maryland stated that four

underground coal mines were active in

Maryland after October 24, 1992.

Maryland indicated that existing State

program provisions at Maryland Natural

Resources Article 7, Subtitle 5A, § 7–

5A–05.1, § 7–5A–05.2 and COMAR

08.20.13.09B, 08.20.13.09C are adequate

State counterparts to section 720(a) of

SMCRA and the implementing Federal

regulations. Maryland explained that it

will enforce these State program

provisions in accordance with Maryland

Natural Resources Article 7 effective

October 24, 1992. Maryland has

investigated eight citizen complaints

alleging subsidence-caused structural

damage or water supply loss or

contamination as a result of

underground mining operations

conducted after October 24, 1992. To

date, Maryland has made

determinations that the single structural

damage complaint was unrelated to

subsidence and that two water supply

complaints were not impacted by the

mining operations. In the five other

water supply complaints Maryland

determined the water supplies were

impacted by underground mining and

the mining company satisfactorily

replaced these supplies.

II. Public Comment Procedures

OSM is requesting public comment to

assist OHM in making its decision on

which approach to use in Pennsylvania

and Maryland to implement the

underground coal mine performance

standards of section 720(a) of SMCRA,

the implementing Federal regulations,

and any counterpart State provisions.

A. Written Comments

Written comments should be specific,

pertain only to the issues addressed in

this notice, and include explanations in

support of the commenter’s

recommendations. Comments received

after the time indicated under ‘‘DATES’’

or at locations other than the Harrisburg

Field Office will not necessarily be

considered in OSM’s final decision or

included in the Administrative Record.

B. Public Hearing

Persons wishing to speak at the public

hearing should contact the person listed

under FOR FURTHER INFORMATION

CONTACT by 4:00 p.m., E.D.T. on April

25, 1995. The location and time of the

hearing will be arranged with those

persons requesting the hearing. If no one

requests an opportunity to testify at the

public hearing, the hearing will not be

held.

Filing of a written statement at the

time of the hearing is requested as it

will greatly assist the transcriber.

Submission of written statements in

advance of the hearing will allow OSM

officials to prepare adequate responses

and appropriate questions.

The public hearing will continue on

the specified date until all persons

scheduled to speak have been heard.

Persons in the audience who have not

been scheduled to speak, and who wish

to do so, will be heard following those

who have been scheduled. The hearing

will end after all persons scheduled to

speak and persons present in the

audience who wish to speak have been

heard.

Any disabled individual who has

need for a special accommodation to

attend a public hearing should contact

the individual listed under FOR FURTHER

INFORMATION CONTACT.

C. Public Meeting.

If only a few persons request an

opportunity to speak at a hearing, a

public meeting, rather than a public

hearing, may be held. Persons wishing

to meet with OSM representatives to

discuss recommendations on how OSM

and Pennsylvania and Maryland should

implement the provisions of section

720(a) of SMCRA, the implementing

Federal regulations, and/or the

counterpart State provisions, may

request a meeting by contacting the

person listed under FOR FURTHER

INFORMATION CONTACT. All such meetings

will be open to the public and, if

possible, notices of meetings will be

posted at the locations listed under

ADDRESSES. A written summary of each

meeting will be made a part of the

Administrative Record.

Dated: April 4, 1995.

David G. Simpson,

Acting Assistant Director, Eastern Support

Center.

[FR Doc. 95–8753 Filed 4–7–95; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 247

[RIN 0790–AG16]

Department of Defense Newspapers

and Civilian Enterprise Publications

AGENCY: Office of the Secretary of

Defense, DoD.

ACTION: Proposed rule.

SUMMARY: This rule revises and provides

DoD policy and updates procedures to

meet changed circumstances for

publishing DoD internal command

information newspapers and civilian

enterprise publications. It has minimal

impact on some civilian printers who

are contracted to print the publications.

DATES: Written comments on this

proposed rule must be received by June

9, 1995.

ADDRESSES: Forward comments to

American Forces Information Service,

Attn: Print Media Policy, 601 N. Fairfax

St., Alexandria, Virginia 22314–2007.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Colonel Frank Theising,

USA, (703) 274–4868.

SUPPLEMENTARY INFORMATION:

Executive Order 12866, ‘‘Regulatory

Planning and Review’’

It has been determined that 32 CFR

part 247 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 U.S.C. 601)

It has been certified 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.
18050 Federal Register / Vol. 60, No. 68 / Monday, April 10, 1995 / Proposed Rules

Public Law 96–511, ‘‘Paperwork

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

It has been certified that 32 CFR part

247 does not impose any reporting or

recordkeeping requirements under the

Paperwork Reduction Act of 1980 (44

U.S.C. 3501–3520).

List of Subjects in 32 CFR part 247

Defense Communications,

Government publications, Newspapers

and Magazines.

Accordingly, 32 CFR part 247 is

proposed to be revised to read as

follows:

PART 247—DEPARTMENT OF

DEFENSE NEWSPAPERS AND

CIVILIAN ENTERPRISE

PUBLICATIONS

Sec.

247.1 Purpose.

247.2 Applicability.

247.3 Definitions.

247.4 Policy.

247.5 Responsibilities.

247.6 Procudures.

247.7 Information requirements.

Appendix A to part 247—Funded

Newspapers

Appendix B to part 247—CE Publications

Appendix C to part 247—Mailing of DoD

Newspapers, CE Guides, and

Installation Maps; Sales and

Distribution of Non-DoD Publications

Appendix D to part 247—AFIS Print Media

Directorate

Appendix E to part 247—DoD Command

Newspaper Review System

Appendix F to part 247—Deputy Secretary

of Defense Policy Memorandum

Authority: 10 U.S.C. 121 and 133.

§ 247.1 Purpose.

This part implements 32 CFR part 372

and implements policy, assigns

responsibilities, and prescribes

procedures concerning authorized DoD

Appropriated Funded (APF) and

Civilian Enterprise (CE) newspapers, CE

guides, and installation maps in support

of the DoD Internal Information

Program.

§ 247.2 Applicability.

This part:

(a) Applies to the Office of the

Secretary of Defense (OSD), the Military

Departments, the Chairman of the Joint

Chiefs of Staff, the Unified Combatant

Commands, the Defense Agencies, and

the 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, the

Marine Corps, and includes the Coast

Guard when operating as a Military

Service in the Navy.

(b) Does not apply to the Stars and

Stripes (S&S) newspapers and business

operations. S&S guidance is provided in

32 CFR part 246.

(c) The term Commander, as used in

this part, also means Heads of the DoD

Components.

§ 247.3. Definitions.

Civilian Enterprise (CE) guides and

installation maps. Authorized

publications containing advertising that

are prepared and published under

contract with commercial publishers.

The right to circulate the advertising in

these publications to the DoD

readership constitutes contractual

consideration to pay for these DoD

publications. The publications become

the property of the command,

installation, or intended recipient upon

delivery in accordance with terms of the

contract. Categories of these

publications are:

(1) Guides. Publications that provide

DoD personnel with information about

the mission of their command; the

availability of command, installation, or

community services; local geography;

historical background; and other

information. These publications may

include installation telephone

directories at the discretion of the

commander; however, separate CE

telephone directories are not authorized.

(2) Installation Maps. Publications

designed for orientation of new arrivals

or for visitors.

DoD newspapers. Authorized,

unofficial publications, serving as part

of the commander’s internal information

program, that support DoD command

internal communication requirements.

Usually, they are distributed weekly or

monthly. DoD newspapers contain most,

if not all, of the following elements to

communicate with the intended DoD

readership: command, military

department, and DoD news and features;

commanders’ comments; letters to the

editor; editorials; commentaries;

features; sports; entertainment items;

morale, welfare, and recreation news

and announcements; photography; line

art; and installation and local

community news and announcements.

DoD newspapers do not necessarily

reflect the official views of, or

endorsement of content by, the

Department of Defense.

(1) CE newspapers. Newspapers

published by commercial publishers

under contract with the DoD

Components or their subordinate

commands. The commander or public

affairs office provides oversight and

final approval authority for the news

and editorial content of the paper.

Authorized news and information

sources include the Office of the

Assistant to the Secretary of Defense for

Public Affairs (OATSD(PA)), AFIS, the

Military Departments, their subordinate

levels of command, and other

Government Agencies. CE contractor

personnel may provide material for use

in the newspaper if approved by the

commander or public affairs officer

(PAO), as the commander’s

representative. These newspapers

contain advertising sold by the

commercial publisher on the same basis

as for CE guides and installation maps

and may contain supplements or inserts.

They become the property of the

command, installation, or intended

recipient upon deliver in accordance

with terms of the contract.

(2) Funded newspapers. Newspapers

published by the DoD Components or

their subordinate commands using

appropriated funds. The editorial

content of these newspapers is prepared

by the internal information section of

the public affairs staff or other internal

sources. Usually, these newspapers are

printed by the Government Printing

Office (GPO) or under GPO contract in

accordance with Government printing

regulations. 32 CFR part 397 specifies

DPS as the sole DoD conduit to the GPO.

(3) Overseas Unified Command (UC)

newspapers. Newspapers published for

overseas audiences approved by the

Assistant to the Secretary of Defense for

Public Affairs (ATSD(PA)) to provide

world, U.S., and regional news from

commercial sources, syndicated

columns, editorial cartoons, and

applicable U.S. Government,

Department of Defense, Component, and

subordinate command news and

information.

(4) News bulletin and summaries.

Publications of deployed or isolated

commands and ships compiled from

national and international news and

opinion obtained from authorized

sources. News bulletins or summaries

may be authorized by the next higher

level of command when no daily

English language newspapers are readily

available.

Inserts. A flier, circular, or

freestanding advertisement placed

within the folds of the newspaper. No

disclaimer or other labeling is required.

Option. A unilateral right in a contract

by which, for a specified time, the

Government may elect to acquire

additional supplies or services called for

by the contract, or may elect to extend

the term of the contract.

Organizational Terms

(1) Command. A unit or units, an

organization, or an area under the

command of one individual. It includes
Federal Register / Vol. 60, No. 68 / Monday, April 10, 1995 / Proposed Rules 18051

1Copies may be obtained, at cost, from the

National Technical Information Service, 5285 Pat

Royal Road, Springfield, VA 22161.

organizations headed by senior civilians

that require command internal

information-type media.

(2) DoD Components. See § 247.2(a).

(3) Installation. A DoD facility or ship

that serves as the base for one or more

commands. Media covered by this

Instruction may serve the command

communication needs of one or several

commands located at one installation.

(4) Major command. A designated

command such as the Air Mobility

Command or the Army Forces

Command that serves as the

headquarters for subordinate commands

or installations that have the same or

related missions.

(5) Subordinate levels. Lower levels of

command.

Supplements. Features, advertising

sections, or morale, welfare and

recreation sections printed with or

inserted into publications for

redistribution. Supplements must be

labeled ‘‘Supplement to the (name of

newspaper).’’ Editorial content in

supplements is subject to approval by

the commander or the PAO as his or her

agent.

§ 247.4 Policy.

It is DoD policy that:

(a) A free flow of news and

information shall be provided to all DoD

personnel without censorship or news

management. The calculated

withholding of news unfavorable to the

Department of Defense is prohibited.

(b) News coverage and other editorial

content in DoD newspapers and

publications shall be factual and

objective. News and headlines shall be

selected using the dictates of good taste.

Morbid, sensational, or alarming details

not essential to factual reporting shall be

avoided.

(c) DoD newspapers shall distinguish

between fact and opinion, both of which

may be part of a news story. When an

opinion is expressed, the person or

source shall be identified. Accuracy and

balance in coverage are paramount.

(d) DoD newspapers shall distinguish

between editorials (command position)

and commentaries (personal opinion) by

clearly identifying them as such.

(e) News content in DoD newspapers

shall be based on releases, reports, and

materials provided by the DoD

components and their subordinate

levels, DoD newspaper staff members,

and other government agencies. DoD

newspapers shall credit sources of all

material other than local, internal

sources. This includes, but is not

limited to, Military Department news

sources, American Forces Information

Service, and command news releases.

(f) DoD newspapers may contain

articles of local interest to installation

personnel produced outside official

channels (e.g., stringers, local

organizations), provided that the

author’s permission has been obtained,

the source is credited, and they do not

otherwise violate this part.

(g) DoD newspapers normally shall

not be authorized the use of commercial

news and opinion sources, such as

Associated Press (AP), United Press

International (UPI), New York Times,

etc., except as stated in this paragraph

and the following paragraph. The use of

such sources is beyond the scope of the

mission of command or installation

newspapers and puts them in direct

competition with commercial

newspapers. The use of such sources

may be authorized for a specific DoD

newspaper by the cognizant DoD

Component only when other sources of

national and international news and

opinion are not available.

(h) Overseas Unified Command (UC)

newspapers published outside the

United States may purchase or contract

for and carry news stories, features,

syndicated columns, and editorial

cartoons from commercial services or

sources. A balanced selection of

commercial news or opinion shall

appear in the same issue and same page,

whenever possible, but in any case, over

a reasonable time period. Selection of

commercial news sources, syndicated

columns, and editorial cartoons to be

purchased or contracted for shall be

approved by the UC Commanders.

Overseas UC newspapers, news

bulletins, and news summaries

authorized to carry national and world

news may include coverage of U.S.

political campaign news from

commercial news sources. Presentation

of such political campaign news shall be

made on a balanced, impartial, and

nonpartisan basis.

(i) The masthead of all DoD

newspapers, guides, and installation

maps shall contain the following

disclaimer printed in type no smaller

than 6-point: ‘‘This (DoD newspaper/

guide or installation map) is an

authorized publication for members of

the Department of Defense. Contents of

(name of the DoD newspaper/this guide/

this installation map) are not necessarily

the official views of, or endorsed by, the

U.S. Government, the Department of

Defense, or (the name of the publishing

DoD component).’’

(j) The masthead of DoD CE

newspapers, guides, and installation

maps shall contain the following

statements in addition to that contained

in paragraph (i) of this section:

(1) ‘‘Published by (name), a private

firm in no way connected with the

(Department of Defense/the U.S. Army/

the U.S. Navy/the U.S. Air Force/the

U.S. Marine Corps) under exclusive

written contract with (DoD Component

or subordinate level).’’

(2) ‘‘The appearance of advertising in

this publication, including inserts or

supplements, does not constitute

endorsement by the (Department of

Defense/the U.S. Army/ the U.S. Navy/

the U.S. Air Force/the U.S. Marine

Corps), or (name of commercial

publisher) of the products or services

advertised.’’

(3) ‘‘Everything advertised in this

publication shall be made available for

purchase, use, or patronage without

regard to race, color, religion, sex,

national origin, age, marital status,

physical handicap, political affiliation,

or any other nonmerit factor of the

purchaser, user, or patron.’’ If a

violation or rejection of this equal

opportunity policy by an advertiser is

confirmed, the publisher shall refuse to

print advertising from that source until

the violation is corrected.

(k) DoD newspapers, guides, and

installation maps shall not contain

campaign news, partisan discussions,

cartoons, editorials, or commentaries

dealing with political campaigns,

candidates, or issues. DoD CE

newspapers, guides, and installation

maps shall not carry paid political

advertisements for a candidate, party, or

which advocate a particular position on

a political issue. This includes those

advertisements advocating a position on

any proposed DoD policy or policy

under review.

(l) DoD newspapers shall support the

Federal Voting Assistance Program by

carrying factual information about

registration and voting laws, especially

those on absentee voting requirements

of the various States, the District of

Columbia, Puerto Rico, and U.S.

territories and possessions. DoD

newspapers shall use voting materials

provided by the Director, Federal Voting

Assistance Program; the OSD; and the

Military Departments. Such information

is designed to encourage DoD personnel

to register as voters and to exercise their

right to vote as outlined in 32 CFR part

46.

(m) DoD newspapers and CE guides

shall comply with DoD Instruction

1100.13 1 pertaining to polls, surveys,

and straw votes.

(1) The DoD Components and

subordinate levels may authorize polls
18052 Federal Register / Vol. 60, No. 68 / Monday, April 10, 1995 / Proposed Rules

2See footnote 1 to section 247.4(m).

3See footnote 1 to section 247.4(m).

4See footnote 1 to section 247.4(m).

on matters of local interest, such as

soldier of the week, and favorite athlete.

(2) A DoD newspaper, guide, or

installation map shall not conduct a

poll, a survey, or a straw vote relating

to a political campaign or issue.

(3) Opinion surveys must be in

compliance with Military Service

regulations.

(n) DoD newspapers will support

officially authorized fund-raising

campaigns (e.g., Combined Federal

Campaign (CFC)) within the Department

of Defense in accordance with DoD

Directive 5035.1.2 News coverage of the

campaign will not discuss monetary

goals, quotas, competition or tallies of

solicitation between or among agencies.

To avoid any appearance of

endorsement, features and news

coverage will discuss the campaign in

general and not address specific

agencies within the CFC.

(o) DoD newspapers, guides, or

installation maps shall not:

(1) Contain any material that implies

that the DoD Components or their

subordinate levels endorse or favor a

specific commercial product,

commodity or service.

(2) Subscribe, even at no cost, to a

commercial or feature wire or other

service whose primary purpose is the

advertisement or promotion of

commercial products, commodities, or

services.

(3) Carry any advertisement that

violates or rejects DoD equal

opportunity policy. (See paragraph (j)(3)

of this section).

(p) All commercial advertising,

including advertising supplements,

shall be clearly identifiable as such.

Paid advertorials and advertising

supplements may be included but must

be clearly labeled as advertising and

readily distinguishable from editorial

content.

(q) Alteration of official photographic

and video imagery will comply with the

Deputy Secretary of Defense policy

memorandum, subject: Alteration of

Official Photographic and Video

Imagery, December 9, 1994, (Appendix

F of this part).

(r) Commercial sponsors of Armed

Forces Professional Entertainment

Program events and morale, welfare and

recreation events may be mentioned

routinely with other pertinent facts in

news stories and announcements in

DoD newspapers. (See DoD Instructions

1330.13 3 and 1015.2.4

(s) Book, radio, television, movie,

travel, and other entertainment reviews

may be carried if written objectively and

if there is no implication of

endorsement by the Department of

Defense or any of its Components or

their subordinate levels.

(t) All printing using appropriated

funds will be obtained in accordance

with 32 CFR part 397.

§ 247.5 Responsibilities.

(a) The Assistant to the Secretary of

Defense for Public Affairs, consistent

with 32 CFR part 375, shall:

(1) Develop policies and provide

guidance on the administration of the

DoD Internal Information Program.

(2) Provide policy and operational

direction to the Director, AFIS.

(3) Monitor and evaluate overall

mission effectiveness within the

Department of Defense for matters under

this part.

(b) The Director, American Forces

Information Service, shall:

(1) Develop and oversee the

implementation of policies and

procedures pertaining to the

management, content, and publication

of DoD newspapers, guides, and

installation maps.

(2) Serve as DoD point of contact with

the Joint Committee on Printing,

Congress of the United States, for

matters under this Instruction.

(3) Serve as the DoD point of contact

in the United States for UC newspaper

matters.

(4) Provide guidance to the UCs,

Military Departments, and other DoD

Components pertaining to DoD

newspapers and CE publications.

(5) Monitor effectiveness of business

and financial operations of DoD

newspapers and provide business

counsel and assistance, as appropriate.

(6) Sponsor a DoD Interservice

Newspaper Committee composed of

representatives of the Military

Departments to coordinate DoD

command or installation newspaper

matters.

(7) Provide a press service for jointService news and information for use by

authorized DoD newspaper editors.

(c) The Secretaries of the Military

Departments shall:

(1) Provide policy guidance and

assistance to the Department’s

newspapers and CE publications.

(2) Encourage the use of CE

newspapers when they are the most

cost-effective means of fulfilling the

command communication requirement.

(3) Ensure that adequate resources are

available to support authorized internal

information products under this part.

(4) Designate a member of their public

affairs staff to serve on the DoD

Interservice Newspaper Committee.

(5) Ensure all printing obtained with

appropriated funds complies with 32

CFR part 397.

(d) The Commanders of Unified

Combatant (UC) Commands shall:

(1) Publish UC newspapers, if

authorized. In discharging this

responsibility, the UC Commander shall

ensure that policy, direction, resources,

and administrative support are

provided, as required, to produce a

professional quality newspaper to

support the command mission.

(2) Ensure that the UC newspaper is

prepared to support U.S. forces in the

command area during contingencies and

armed conflict.

§ 247.6 Procedures.

(a) General. (1) National security

information shall be protected in

accordance with 32 CFR parts 159 and

159a.

(2) Specific items of internal

information of interest to DoD personnel

and their family members prepared for

publications in DoD newspapers,

guides, or installation maps may be

made available to requesters in the

information can be released as provided

in 32 CFR parts 285 and 286.

(3) Editorial policies of DoD

newspapers, guides, and installation

maps shall be designed to improve the

ability of DoD personnel to execute the

missions of the Department of Defense.

(4) DoD editors of publications

covered under this part shall conform to

applicable policies, regulations, and

laws involving libel, photographic

image alteration, copyright,

classification of information, and U.S.

Government printing and postal

regulations.

(5) DoD newspapers, guides, and

installation maps shall comply with 32

CFR part 310 regarding the DoD privacy

program.

(b) Establishment of DoD newspapers.

(1) Commanders are authorized to

establish Funded newspapers

(Appendix A to this part) or CE

newspapers (Appendix B to this part)

when:

(i) A valid internal information

mission requirement exists.

(A) Command or installation

newspapers provide the commander a

primary means of communicating

mission-essential information to

members of the command. They provide

feedback through such forums as letters

to the editor columns. This alerts the

commander to the emotional status and

state of DoD knowledge of the

command. The newspaper is used as a

return conduit for command

information to improve attitudes and

increase knowledge.
Federal Register / Vol. 60, No. 68 / Monday, April 10, 1995 / Proposed Rules 18053

(B) News and feature treatment on

individuals and organizational elements

of the command provides a crossfeed of

DoD information, which improves

internal cooperation and mission

performance. Recognition of excellence

in individual or organizational

performance motivates and sets forth

expected norms for mission

accomplishment.

(C) The newspaper improves morale

by quelling rumors, and keeping

members informed on DoD information

that will affect their futures. It provides

information and assistance to family

members, which improve their spirits

and thereby the effectiveness of their

military service and/or civilian member.

The newspaper encourages participation

in various positive leisure-time

activities to improve morale and deter

alcohol abuse and other pursuits that

impair their ability to perform.

(D) The newpaper provides

information to make command members

aware of the hazards of the abuse of

drugs and other substances, and of the

negative impact that substance abuse

has on readiness.

(E) CE newspapers provide

advertisements that guide command

members to outlets where they may

fulfill their purchasing needs. A byproduct of this commercial contact in

increased installation-community

communication, which enhances

mutual support.

(F) The newspaper increases

organizational cohesiveness and

effectiveness by providing a visual

representation of the essence of the

command itself.

(G) Good journalistic practices are

vital, but are not an end unto

themselves. They are the primary means

to enhance receptivity of command

communication through the newspaper.

(H) The newspaper exists to facilitate

accomplishment of the command or

installation mission. That is the only

basis for the expenditure of DoD

resources to produce them.

(ii) A newspaper is determined by the

commander and the next higher level of

command to be the most cost-effective

means of fulfilling the command

internal communication requirement.

(2) The use of appropriated funds is

authorized to establish a Funded

newspaper if a CE newspaper is not

feasible. The process of establishing a

newspaper must include an

investigation of the feasibility of

publishing under the CE concept. This

investigation must include careful

consideration of the potential for real or

apparent conflict of interest. If

publishing under the CE concept is

determined to be feasible, commanders

must ensure that they have obtained

approval to establish the newspaper

before authorizing their representatives

to negotiate a contract with a CE

publisher.

(3) DoD newspapers are mission

activities. The use of nonappropriated

funds for any aspect of their operations

is not authorized.

(4) Appropriated funds shall not be

used to pay any part of the commercial

publisher’s costs incurred in publishing

a CE publication.

(5) Only one DoD newspaper is

authorized for each command or

installation.

(i) If a newspaper is required at an

installation where more than one

command or headquarters is collocated,

the host commander shall be

responsible for publication of one

funded or CE newspaper for all. The

host command shall provide balanced

and sufficient coverage of the other

commands, their personnel, and

activities in that locality. These

commands, or headquarters, shall assist

the staff of the host newspaper with

coverage. If required by unusual

circumstance, a commander other than

the host may publish the single

authorized newspaper when the

majority of affected organizations

concur.

(ii) This provision is not intended to

prohibit the headquarters of a

geographically dispersed command that

receives its local coverage in the host

installation newspaper from publishing

a command-wide newspaper; nor is it

intended to prohibit a command that

has information needs that are

significantly different from the majority

of the host installation audience from

publishing a separate newspaper, when

authorized by the designated approving

authority. (See Appendix E to this part).

(iii) Establishment of CE Guides and

Installation Maps. When valid

communication requirements exist,

publications in this category may be

established by the commander, if

feasible. (See Appendix B to this part)

Only one CE guide and installation map

is authorized for each command or

installation. The requirements of

paragraph (b)(4) of this section, apply to

CE guides and installation maps. These

publications shall be approved by the

next higher level. Approval authorities

shall exercise care not to overburden

community advertisers.

(iv) Use of trademark. The DoD

Components and their subordinate

levels shall trademark—State, Federal,

or both—the names of their newspapers,

guides, and installation maps, when

possible.

(v) Use of recycled products. The

public affairs office shall, whenever

possible, based on contractual

agreements, use recycled paper for

publications covered under this part.

(vi) Mailing requirements and sales

and distribution of non-DoD

publications. See appendix C to this

part.

(vii) AFIS print media directorate. See

appendix D to this part.

(viii) DoD command newspaper

review system. See appendix E to this

part.

(6) When, in the opinion of the

Assistant to the Secretary of Defense for

Public Affairs, or the UC Commander, a

UC newspaper is needed, establishment

shall be directed by the Secretary of

Defense. Both appropriated and

nonappropriated funds may be used in

the publication of overseas UC

newspapers.

§ 247.7 Information requirements.

The biennial reporting requirement

contained in this part has been assigned

Report Control Symbol DD–PA(BI) 1638.

Appendix A to Part 247—Funded

Newspapers

A. Purpose. Funded newspapers support

the command communication requirements

of the DoD Components and their

subordinate commands. Normally, printing is

accomplished by a commercial printer under

contract or in government printing facilities

in accordance with 32 CFR part 397. The

editorial content of these newspapers and

distribution are accomplished by the

contracting command. Overseas, Funded

newspapers are authorized to be printed

under contract with the S&S. Where printing

by S&S is not feasible because of distance or

other factors, Funded newspapers may be

printed by other means. These are evaluated

on a case-by-case basis with the cognizant

DPS office.

B. Name. The name of the publication may

include the name of the command or

installation, or, the name of the command or

installation may appear separately in the

nameplate (flag). The emblem of the

command or installation may be included in

the nameplate, also. When possible, the DoD

Components and their subordinate levels

shall trademark the names of their

publications, as stated in § 247.5(d).

C. Masthead. The masthead shall include

the names of the commanding officer and the

PAO, the names and editorial titles of the

staff of the newspaper, and the mailing

address and telephone number of the

editorial staff, in addition to that required in

subsection § 247.4(i).

D. News and editorial materials. The

commander and the public affairs staff shall

generate and select news, information,

photographs, editorial, and other materials to

be used. Authorized news and information

sources include the Office of the Assistant to

the Secretary of Defense for Public Affairs

(OATSD(PA)), AFIS, the Military
18054 Federal Register / Vol. 60, No. 68 / Monday, April 10, 1995 / Proposed Rules

Departments, their subordinate levels of

command, and other Government Agencies.

Civilian community service news and

announcements of benefit to personnel

assigned to the command or installation and

their family members may also be used.

Photographic images used will be in

compliance with § 247.4(r).

E. Assignment of personnel. Military and

DoD civilian personnel may not be assigned

to duty at the premises of the contract printer

to perform any job functions that are part of

the business activities or contractual

responsibilities of the contract printer.

Members of the public affairs staff who

produce editorial content may work on the

premises as liaison and monitor to specify

and coordinate layout and other production

details provided for in the command contract

with the contract printer. A member of the

public affairs staff shall review proof copy to

prevent mistakes.

F. Funding. The expense of publishing and

distributing Funded newspapers is charged

to appropriated funds of the publishing

command.

G. Printing. Printing of a funded newspaper

shall be handled in accordance with 32 CFR

part 397 in conjunction with public affairs as

the office of primary interest.

H. Distribution. Funded newspapers may

be distributed through official channels.

Appropriated funds and manpower may be

used for distribution of Funded newspapers,

as required.

I. Advertising. Funded newspapers shall

not carry commercial advertising. As a

service, the Funded newspaper may carry

nonpaid listings of personally owned items

and services for sale by members of the

command. Noncommercial news stories and

announcements concerning nonappropriated

fund activities and commissaries may be

published in funded newspapers.

J. Employment and gratuities. DoD

personnel shall not accept employment by or

gratuities from GPO-contracted printers

under contract to print funded newspapers.

To avoid a conflict of interest, employment

of spouses and minor children of DoD

personnel by a contract printer shall be in

accordance with the 32 CFR part 84.

Appendix B to part 247—CE

Publications

A. Purpose. CE publications consist of DoD

newspapers, guides, and installation maps.

They support command internal

communications. The commander or public

affairs office provides oversight and final

approval authority for the news and editorial

content of the publication. CE publishers sell

advertising to cover costs and secure

earnings, print the publications, and may

make all or part of the distribution.

Periodically, CE publishers compete for

contracts to publish these publications.

Neither appropriated nor nonappropriated

funds shall be used to pay for any part of a

CE publisher’s costs incurred in publishing a

CE publication.

B. Name. The name of the publication may

include the name of the command or

installation, or the name of the command or

installation may appear separately in the

nameplate (flag). The emblem of the

command or installation may also be

included in the nameplate. When possible,

the DoD components and their subordinates

shall trademark the names of their

publications, as stated in § 247.6(d).

C. Masthead. The masthead shall include

the following in addition to that required in

§ 247.4(i) and (j). ‘‘The editorial content of

this publication is the responsibility of the

(name of command or installation) Public

Affairs Office.’’ The names of the

commanding officer and PAO, the names and

editorial titles of the staff assigned the duty

of preparing the editorial content, and the

office address and telephone number of the

editorial staff shall be listed in the masthead

of DoD newspapers, but is not required in CE

guides and installation maps. The names of

the publisher and employees of the publisher

may be listed separately.

D. News and editorial materials. The

commander or the public affairs office shall

provide oversight and final approval

authority for news, information, photographs,

editorial, and other materials to be used in

a CE publication in the space allotted for that

purpose by written contract with the

commercial publisher. Authorized news and

information sources include the OATSD(PA),

AFIS, the Military Departments and their

subordinate levels of command, and other

Government Agencies. CE contractor

personnel may provide material for use in the

publication if approved by the commander or

PAO, as the commander’s representative.

Commercial news and opinion sources, such

as AP, UPI, New York Times, etc., are not

normally authorized for use in DOD

newspapers except as stated in § 247.4(q).

The paper may publish community service

news and announcements of the civilian

community for the benefit of command or

installation personnel and their families.

Imagery used will be in compliance with

§ 247.4(r).

E. Assignment of personnel. Neither

military nor DOD civilian personnel shall be

assigned to duty at the premises of the CE

publisher. Neither military nor DOD civilian

personnel shall perform any job functions

that are part of the business activities or

contractual responsibilities of the CE

publisher either at the contractor’s facility or

the Government facility. The PAO and staff

who produce the non-advertising content of

the CE publication may perform certain

installation liaison functions on publisher

premises including monitoring and

coordinating layout and design and other

publishing details set forth in the contract to

ensure the effective presentation of

information. One or more members of the

public affairs staff shall review proof copy to

prevent mistakes. Newspaper text-editingsystem pagination and copy terminals owned

by the CE publisher may be placed in the

command or installation public affairs office

under contractual agreement for use by the

public affairs staff to coordinate layout and

ensure that the preparation of editorial

material is performed in such a way as to

enhance the efficiency and effectiveness of

the printing and publication functions

performed by the CE publisher. All costs of

these terminals shall be borne by the CE

newspaper publishers who shall retain title

to the equipment and full responsibility for

any damage to or loss of such equipment.

The relationship between the public affairs

staff and employees of the CE contractor is

that of Government employees working with

employees of a private contractor.

Supervision of CE employees; that is, the

responsibility to rate performance, set rate of

pay, grant vacation time, exercise discipline,

assign day-to-day administrative tasks, etc.,

remains with the CE publisher. Any

modification of the contract must be made by

the responsible contracting officer. Public

affairs staff members must be aware that

employees of the contractor are not

employees of the government and should be

treated accordingly.

F. Distribution of CE publications

1. A funded newspaper shall not be

distributed as an insert to a CE newspaper,

unless provided for in the CE contract, nor

shall a CE newspaper be distributed as an

insert to a funded newspaper.

2. Supplements clearly labeled as such,

and advertising inserts, may be inserted into

and distributed with a CE newspaper.

3. The commercial publisher of a CE

publication shall make as much of the

distribution to the intended readership as

possible. CE publications may be distributed

through official channels.

4. Except as authorized by the next higher

headquarters for special situations or

occasions (such as an installation open

house), CE newspapers shall not be

distributed outside the intended DOD

audience and retirees, which includes family

members. The CE publisher may provide

complete copies of each specific issue of a CE

publication to an advertiser whose

advertisement is carried therein.

5. The CE publisher of a CE newspaper will

provide the appropriate number of news

racks determined by the installation

commander for publication distribution. CE

publishers are responsible for maintenance of

these racks.

6. CE guides and installation maps may be

delivered in bulk quantities to the

appropriate installation offices to distribute

these publications through official channels

as necessary.

G. Responsibilities Regarding Advertising

1. Only the CE publisher shall use the

space agreed upon for advertising. While the

editorial content of the publication is

completely controlled by the installation, the

advertising section, including its content, is

the responsibility of the CE publisher. The

public affairs staff, however, retains the

responsibility to review advertisements

before they are printed.

2. Any decision by a CE publisher to accept

or reject an advertisement is final. The PAO

may discuss with a publisher their decision

not to run an advertisement, but cannot

substitute his judgment for that of the

publisher.

3. Before each issue of a CE publication is

printed, the public affairs staff shall review

advertisements to identify any that are

contrary to law or to DOD or Military Service

regulations, including this part, or that may

pose a danger or detriment to DOD personnel
Federal Register / Vol. 60, No. 68 / Monday, April 10, 1995 / Proposed Rules 18055

1 Copies may be obtained, at cost, from the

National Technical Information Service, 5285 Port

Road, Springfield, VA 22161.

2See footnote 1 to section 4. of this Appendix.

or their family members, or that interfere

with the command or installation missions.

It is in the command’s best interest to

carefully apply DOD and Service regulations

and request exclusion of only those

advertisements that are clearly in violation of

this part. If any such advertisements are

identified, the public affairs office shall

obtain a legal coordination of the proposed

exclusion. After coordination, the public

affairs office shall request, in writing if

necessary, that the commercial publisher

delete any such advertisements. If the

publisher prints the issue containing the

objectionable advertisement(s), the

commander may prohibit distribution in

accordance with DOD Directive 1325.61.

4. DoD Directives 1325.6 gives the

commander authority to prohibit distribution

on the installation of a CE publication

containing advertising he or she determines

likely to promote a situation leading to

potential riots or other disturbances, or when

the circulation of such advertising may

present a danger to loyalty, discipline or

morale of personnel. Each commander shall

determine whether particular advertisements

to be placed by the publisher in a CE

publication serving the command or

installation may interfere with successful

mission performance. Some considerations in

this decision are the local situation, the

content of the proposed advertisement, and

the past performance of the advertiser. Prior

to making a determination to prohibit

distribution of a CE newspaper, the

commander shall obtain a legal coordination.

5. CE publications may carry paid and

nonpaid advertising of the products and

services of nonappropriated fund activities

and commissaries, if allowed by DoD and

Military Service regulations. (See DoD

Instruction 1015.2.) 2

6. Bingo games and lotteries conducted by

a commercial organization whose primary

business is conducting lotteries may not be

advertised in CE publications. Non-lottery

activities (such as dining at a restaurant or

attending a musical performance) of a

commercial organization whose primary

business in conducting lotteries may be

advertised in CE publications. Exceptions are

allowed for authorized State lotteries,

lotteries conducted by a not-for-profit

organization or a governmental organization,

or conducted as a promotional activity by a

commercial organization and clearly

occasional and ancillary to the primary

business of that organization. An exception

also pertains to any gaming conducted by an

Indian tribe under 25 U.S.C. 2720. See

section D. of Appendix C to this part.

H. CE Guides and Maps

1. The name of the publication may

include the name and emblem of the

command or installation.

2. At the discretion of the commander, an

installation telephone directory may be

included as a section of a CE guide. The

telephone section shall be integral to the

guide, not separable, and part of the guide

contract specifications. Separate CE

telephone directories are not authorized.

Required communication security

information shall be printed on the first page

of the telephone section and not on the cover

of the guide. The cover of the guide may

notify users that the publication contains the

telephone directory.

3. CE contracts for guides and maps shall

establish firm directory dates and shall

contain provisions to ensure distribution is

controlled by the command. Delivery dates

may vary for guides and maps to make them

more attractive to advertisers. The contract

provisions shall specify delivery dates.

I. Employment and gratuities. DoD

personnel involved with CE contracts shall

not accept employment by or gratuities from

a CE publisher. To avoid a conflict of

interest, employment of spouses and minor

children of DoD personnel by a contract

publisher shall be in accordance with 32 CFR

part 84.

J. Contracting for a CE Publication

1. General. The DoD Components and their

subordinate commands are authorized to

contract in writing the CE publications. The

underlying premise of the CE concept is that

the DoD Components and their subordinate

commands will save money by transferring

certain publishing and distribution functions

to a commercial publisher selected through a

competitive process. The CE publication is

printed and delivered to the command,

installation, or its readership in accordance

with the terms of a written contract. Oral

contracts are not acceptable. The right to sell

and circulate advertising to the complete

readership in the CE publication provides the

publisher revenue to cover costs and secure

earnings. The command or installation

guarantees first publication and distribution

of locally-produced editorial content in the

publication. The publication becomes the

property of the command, installation, or

intended reader upon delivery in accordance

with terms of the contract.

2. Contracting process. Whether a first time

initiative to establish CE publication or a

recompetition of an existing CE contract, the

process must start with advance planning as

to the nature of the command’s requirements,

the contracting strategy, and the market of

potential advertisers and competitors for the

job. The CE contract solicitation and the

contract itself must contain a statement of

work that describes in legally sufficient detail

the Government’s requirements and the

conditions and restrictions under which the

contractor will perform. The cognizant

contracting office of the CE contracting action

shall be the contracting office which

normally provides contracting support to the

command for service contracts and other

procurements of a general nature which are

above the simplified shall purchase

threshold. The contracting officer shall

combine the statement of work with

appropriate contractual terms and

conditions, using 48 CFR chapter I and II as

guides, although CE contracts are not subject

to the FAR or DFARS, because they do not

involve the expenditure of appropriated

funds. The resulting solicitation and contract

shall completely identify the rights and

obligations of both parties. Proposals shall be

solicited from all known commercial

publishers who could potentially become the

CE contractor. Upon evaluation of the

competing proposals by the Source Selection

Advisory Committee (SSAC) and selection of

a winner by the selecting official, the CE

contract shall be awarded by the contracting

officer. The CE contract shall not require the

contractor to pay money to the command or

to provide goods, services, or other

consideration not directly related to the CE

publication. In the event that only one offer

is received, the SSAC may recommend to the

selecting official that no award be made or

that the contracting officer enter into

negotiations with the sole offeror to obtain

the best possible service and product of the

Government.

3. Statement of Work (SOW). The SOW

should be written to have the CE contractor

perform as many of the publishing and

distribution functions as practical to generate

maximum savings to the Department of

Defense. In so doing, care must be taken to

balance Government requirements with a

realistic view of the advertising revenue

potential so as to achieve a contract that is

commercially viable. The command’s

internal information needs shall be

paramount. Some of the key issues that shall

be addressed in the SOW follow:

a. A general description of the scope of the

proposed contract including the name and

nature of the publication involved; for

example, weekly newspaper, annual guide

and installation map. Normally, guides and

installation maps are included in the same

contract.

b. A description of editorial content to be

carried; e.g., news, features, supplements,

and factual information, along with

provisions addressing the possible inclusion

of contractor-furnished advertising

supplements for newspapers, provided any

such supplement shall have the prior

approval of the commander.

c. A description of the rules for the

inclusion of advertising in the publication.

This provision shall specify that the

commander’s representative shall have the

authority to specify newspaper advertising

layout when required to enhance

communications’ effectiveness of the

publication and shall require the contractor

to notify advertisers of the requirements in

§ 247.4(i) and (j). The Military Departments

will coordinate a standard set of ratios of

advertising-to-editorial copy for multiples of

pages for run of the publication advertising

in CE newspapers that will be included in all

DoD Component regulations supplementing

this part. The recommended annual average

is a ratio of 60/40. Inserts and advertising

supplements will not count in the total ad to

copy ratio; however, the commander may

prohibit the distribution of supplemental

advertising deemed excessive. Contract

provisions shall be formulated to prohibit the

amount of advertising a publisher sells from

forcing the contracting command or

installation public affairs staff to produce

editorial content exceeding that required for

the command internal communication

mission of the newspaper.
18056 Federal Register / Vol. 60, No. 68 / Monday, April 10, 1995 / Proposed Rules

3Copies may be obtained, at cost, from the

Superintendent of Documents, U.S. Government

Printing Office, Washington, DC 20402

d. A provision substantially as follows:

‘‘The contractor agrees not to enter into any

exclusive advertising agreement with any

firm, broker, or individual for the purpose of

selling advertising associated with this

contract.’’

e. A description of the CE contractor’s

responsibilities for distribution of the

newspaper. This provision should address

such matters as contractor furnishing of news

racks along with contractor responsibility for

maintenance of these racks.

f. A description of contractor-owned and/

or contractor-furnished equipment such as

text editing, copy terminals, and modems

determined to be required to coordinate

layout and ensure that the preparation of

editorial material is performed in such a way

as to enhance the efficiency and effectiveness

of the publication process.

g. A description of contractor-furnished

editorial support services determined to be

required. Such description must be in terms

of the end product required; e.g.,

photography service and/or writer services,

and not as a requirement to make available

certain contractor personnel. In day-to-day

performance and administration of the CE

contract, contractor personnel performing

such support services shall not be treated in

any way as though they are Government

employees.

h. A provision that the use, where

economically feasible, of recycled paper for

internal products will be a consideration for

awarding the contract, as stated in § 247.6(e).

i. SOW’s and REP’s for CE newspapers

shall specify standard newsprint, recyclable,

subject to requirements of applicable laws

and regulations.

4. Contract provisions. The CE concept is

based on an exception to the Government

Printing and Binding Regulations 3 published

by the Congressional Joint Committee on

Printing. While CE contracts are not subject

to the FAR (48 CFR chapter I) or the DFARS

(48 CFR chapter II), the FAR contains many

clauses that are useful in protecting the

interests of the Government. The following

clauses may be helpful in obtaining the best

possible CE publication:

a. Status of FAR clause. To clarify the

status of FAR clauses appearing in CE

contracts, the following clause shall be

included in all new CE contracts: ‘‘The (name

of DoD installation/unit/organization) is an

element of the United States Government.

This agreement is a United States

Government contract authorized under the

provisions of Department of Defense

Instruction 5120.4 as an exception to the

Government Printing and Binding

Regulations published by the Congressional

Joint Committee on Printing. Although this

contract is not subject to the Federal

Acquisition Regulation (FAR) or the Defense

FAR Supplement (DFARS), FAR clauses

useful in protecting the interests of the

Government and implementing those

provisions required by law are included in

this contract.’’

b. Option clause. Insert a clause

substantially the same as the following to

extend the term of the CE publisher contract:

(1) ‘‘The Government may extend the term

of this contract by written notice to the

contractor within [insert in the clause the

period of time in which the contracting

officer has to exercise the option]; provided

that the Government shall give the contractor

a preliminary written notice of its intent to

exercise the option at least 60 days before the

contract expires. The preliminary notice does

not commit the government to exercise the

option.’’ In the case of base closure or

realignment the publisher has the right to

request a renegotiation of the contract.

(2) ‘‘If the Government exercises the

option, the extended contract shall be

considered to include this option provision.’’

(3) ‘‘The total duration of this contract,

including the exercise of any options under

this clause, shall not exceed 6 years.’’

c. Default clause. Insert the following

clause in solicitations and contracts:

(1) ‘‘The Government may, by written

notice of default to the contractor, terminate

this contract in whole or in part if the

contractor fails to:

(a) Deliver the CE publications in the

quantities required or to perform the services

within the time specified in this contract or

any extension;

(b) Make progress, so as to endanger

performance of this contract;

(c) Perform any of the other provisions of

this contract.’’

(2) ‘‘If the Government terminates this

contract in whole or in part, it may acquire,

under the terms and in the manner the

contracting officer considers appropriate,

supplies or services similar to those

terminated. However, the contractor shall

continue the work not terminated.’’

(2) ‘‘The rights and remedies of the

Government in this clause are in addition to

any other rights and remedies provided by

law or under this contract.’’

d. Termination for convenience of the

Government. Insert the following clause in

solicitations and contracts:

‘‘The contracting officer, by written notice,

may terminate this contract, in whole or in

part if the services contracted for are no

longer required by the Government, or when

it is in the Government’s interest, such as

with installation closures. Any such

termination shall be at no cost to the

Government.’’ The Government will use its

best efforts to mitigate financial hardship on

the publisher.

5. Term of contract. CE contracts may be

entered into for an initial period of up to 2

years, and may contain options to extend the

contract for one or more additional periods

of 1 or 2 years duration. The total period of

the contract, including options, shall not

exceed 6 years, after which the contract must

be recompeted.

6. Exercise of options. Under normal

circumstances, when the contractor is

performing satisfactorily, options for

additional periods of performance should be

exercised. However, the exercise of the

option is the exclusive right of the

Government, and decisions not to exercise

the option, or to test the market before option

exercise, are within the contracting officer’s

discretion working in concert with the PAO

and other command officials.

7. Modification of the contract. Any

changes to the SOW or other terms and

conditions of the contract shall be made by

written contract modification signed by both

parties.

8. SSAC. The commander shall appoint an

SSAC. The committee shall participate in the

development of the Source Selection Plan

(SSP) before the solicitation of proposals,

evaluate proposals, and recommend a source

to the selecting official. Since cost is not a

factor in the evaluation, award will be based

on technical proposals, the offeror’s

experience and/or qualifications, and past

performance.

a. The SSAC shall consist of a minimum

of five voting members: a chairperson, who

shall be a senior member of the command;

senior representatives from public affairs and

printing; and a minimum of two other

functional specialists with skills relevant to

the selection process. Each SSAC shall have

non-voting legal and contracting advisors to

assist in the selection process.

b. In arriving at is recommendations, the

SSAC shall follow the SSP and avail itself of

all relevant information, including the

proposals submitted, independently derived

data regarding offerors’ performance records,

the results of on-site surveys of offerors’

facilities, where feasible, and in appropriate

cases, personal presentations by offerors.

c. The work of the SSAC must be

coordinated with the contracting officer to

ensure that the process is objective and fair.

All communications between the offerors and

the Government shall be through the

contracting officer. No member of the SSAC

or the selecting official shall communicate

directly with any offeror regarding the source

selection.

d. In cases where a losing competitor

requests a debriefing from the contracting

officer, members of the SSAC may be called

upon to participate so as to give the losing

competitor the most thorough explanation

practical as to why its proposal was not

successful. No information regarding

competitors’ proposals shall be discussed

with the unsuccessful offerors during

debriefings, discussions, or negotiations.

9. SSP. A SSP (see sample SSP at

attachment 1 to this Appendix) must be

developed early in the planning process to

serve as a guide for the personnel involved

and ensure a fair and objective process and

a successful outcome. The contracting officer

is primarily responsible for development of

the SSP, in coordination with the PAO and

other members of the SSAC. Ideally, the SSP

should be completed and approved prior to

issuance of the solicitation; it must be

completed and approved before the receipt of

proposals.

10. Evaluation criteria and proposal

requirements. The solicitation must specify,

in relative order of importance, the factors

the Government will consider in selecting the

most advantageous proposal. In addition, the

solicitation must specify the types of

information the proposal must contain to be

properly evaluated. These two aspects of the

solicitation must closely parallel one another.
Federal Register / Vol. 60, No. 68 / Monday, April 10, 1995 / Proposed Rules 18057

The contracting officer is primarily

responsible for development of these two

solicitation provisions, in coordination with

the PAO, legal counsel, and members of the

SSAC.

a. Evaluation criteria for award. Drawing

upon the SSP, this feature of the solicitation

must advise offerors what factors the

Government will consider in evaluating

proposals and the relative importance of each

factor. The attached SSP (attachment 1 to this

enclosure) provides an example of criteria

that might be used. Note that under the

‘‘Services and/or Items Offered’’ factor,

paragraph E.2.b. of attachment 1 to this

appendix, it is necessary to list and indicate

the relative importance of services and/or

items above the minimum requirements of

the SOW that the command would consider

desirable and that, if offered, will enhance

the offeror’s evaluation standing. The offer of

services and/or items not listed in the

evaluation criteria shall not be considered in

the evaluation of proposals, but may be

accepted in the contract award if deemed

valuable to the Government, PROVIDED the

service and/or item involved is directly

related to producing the publication and not

in violation of any other statue or regulation.

Examples of items that cannot be considered

during the evaluation process are; press kits,

laminated maps, economic development

reports, or other separate publications not an

integral part of the CE newspaper, guide, or

installation map.

b. Proposal requirements. This provision of

the solicitation must describe the specific

and general types of information necessary to

be submitted as part of the proposal to be

evaluated. Offerors shall be notified that

unnecessarily elaborate proposals are not

desired.

Attachment 1 to Appendix B to part 247–SSP

A. Introduction

1. The objectives of this plan are:

a. To ensure an impartial, equitable, and

thorough evaluation of all offerors’ proposals

in accordance with the evaluation criteria

presented in the request for proposals (RFP).

b. To ensure that the contracting officer is

provided technical evaluation findings of the

SSAC in such a manner that selection of the

offer most advantageous to the Government

is ensured.

c. To document clearly and thoroughly all

aspects of the evaluation and decision

process to provide effective debriefings to

unsuccessful offerors, to respond to legal

challenges to the selection, and to ensure

adherence to evaluation criteria.

2. This plan will be used to select a CE

contractor for publication of the llllll

newspaper (CE guide or installation map)

and will:

a. Give each SSAC member a clear

understanding of his or her responsibilities

as well as a complete overview of the

evaluation process.

b. Establish a well-balanced evaluation

structure, equitable and uniform scoring

procedures, and a thorough and accurate

appraisal of all considerations pertinent to

the negotiated contracting process.

c. Provide the selecting official with

meaningful findings that are clearly

presented and founded on the collective,

independent judgment of technical and

managerial experts.

d. Ensure identification and selection of a

contractor whose final proposal offers

optimum satisfaction of the Government’s

technical and managerial requirements as

expressed in the RFP.

e. Serve as part of the official record for the

evaluation process.

B. Organization and Staffing

1. The SSAC will consist of the

Chairperson and a minimum of four other

voting committee members plus the nonvoting advisors to the SSAC.

2. The SSAC committee members are:

Name Position

Chairperson.

Member.

Member.

Member.

Member.

Legal Advisor.1

Contract Advisor.1

1 Non-voting members.

C. Responsibilities

1. Selecting Official:

a. Approves the SSP.

b. Reviews the evaluation and findings of

the SSAC.

c. Considers the SSAC’s recommendation

of award.

d. Selects the successful offeror.

2. Chairperson of the Source Selection

Advisory Committee (C/SSAC):

a. Reviews the SSP.

b. Approves membership of the SSAC.

c. Analyzes the evaluation and findings of

the SSAC and applies weights to the

evaluation results.

d. Approves the SSAC report for

submission to the selecting official.

3. Contracting Officer:

a. Is responsible for the proper and

efficient conduct of the entire source

selection process encompassing solicitation,

evaluation, selection, and contract award.

b. Provides SSAC and the selecting official

with guidance and instructions to conduct

the evaluation and selection process.

c. Receives proposals submitted and makes

them available to the SSAC, taking necessary

precautions to ensure against premature or

unauthorized disclosure of source selection

information.

4. SSAC members shall:

a. Familiarize themselves with the RFP and

SSP.

b. Provide a fair and impartial review and

evaluation of each proposal against the

solicitation requirements and evaluation

criteria.

c. Provide written documentation

substantiating their evaluations to include

strengths, weaknesses, and any deficiencies

of each proposal.

5. Legal advisor:

a. Reviews RFP and SSP for form and

legality.

b. Advises the SSAC members of their

duties and responsibilities, regarding

procurement integrity issues and

confidentiality requirements.

c. Participate in SSAC meetings and

provide legal advice as required.

d. Provides legal review of all documents

supporting the selection decision to ensure

legal sufficiency and consistency with the

evaluation criteria in the RFP and SSP.

e. Advises the selecting official on the

legality of the selection decision.

D. Administrative Instructions

1. Evaluation overview. The advisory

committee will operate with maximum

flexibility. Collective discussion by

evaluators at committee meetings of their

evaluation findings is permitted in the

interchange of viewpoints regarding

strengths, weaknesses, and deficiencies noted

in the proposals relating to evaluation items.

Evaluators will not suggest or disclose

numerical scores or other information

regarding the relative standing of offerors

outside of committee meetings.

2. Evaluation procedure. The evaluation of

offers is based on good judgment and a

thorough knowledge of the guidelines and

criteria applicable to each evaluation factor.

a. Numerical scoring is merely reflective of

the composite findings of the SSAC. The

evaluation scoring system is used as a tool to

assist the Chairperson of the SSAC in

determining the proposal most advantageous

to the Government.

b. The most important documents

supporting the contract award will be the

findings, conclusions, and reports of the

SSAC.

3. Safeguarding data. The sensitivity of the

proceedings and documentation require

stringent and special safeguards throughout

the evaluation process:

a. Inadvertent release of information could

be a source of considerable misunderstanding

and embarrassment to the Government. It is

imperative, therefore, for all members of the

SSAC to avoid any unauthorized disclosures

of information pertaining to this evaluation.

Evaluation participants will observe the

following rules:

(1) All offeror and evaluation materials will

be secured when not in use (i.e., during

breaks, lunch, and at the end of the day).

(2) All attempted communications by

offeror’s representatives shall be directed to

the contracting officer. No communications

between members of the SSAC or the

selecting official and offerors regarding the

contract award or evaluation is permitted

except when called upon under the

provisions of paragraph J.8.d, of Appendix B

to this part.

(3) Neither SSAC members or the selecting

official shall disclose anything pertaining to

the source selection process to any offeror

except as authorized by the contracting

officer.

(4) Neither SSAC members or the selecting

official shall discuss the substantive issues of

the evaluation with any unauthorized

individual, even after award of the contract.

E. Technical evaluation procedures

1. Evaluation process. Proposals will be

evaluated based on the following criteria as

indicated in section M of the solicitation: The
18058 Federal Register / Vol. 60, No. 68 / Monday, April 10, 1995 / Proposed Rules

(1 Discussions of strengths, weaknesses, and

deficiencies should reference the specific

evaluation factor involved to ensure that proposals

are evaluated only against the criterion set forth in

the RFP, to facilitate debriefings, and to provide an

effective defense to any challenges regarding the

legality of the selection process.)

1Copies may be obtained, at cost, from the

National Technical Information Service, 5285 Port

Royal Road, Springfield, VA 22161.

2See footnote 1 to section A. of this Appendix.

evaluation worksheet (attachment 2 to this

appendix) shall be used to score the technical

factors. Using the technical evaluation

worksheet, each member of the SSAC will

independently review each proposal and

assign an appropriate number of points to

each factor being considered. Point scores for

each factor will range from ‘‘0’’ to ‘‘5’’ based

on the committee member’s evaluation of the

proposal. Upon completion of individual

evaluations, the group will meet in

committee with the Chairperson and arrive at

a single numeric score for each factor in the

proposal.

2. Criteria. An example of applicable

evaluation criteria and their relative order of

importance are listed below in paragraphs

E.2.a. through d of this appendix. Criteria

and weights are provided as an example

only. The SSAC must determine its own

weighting factors tailored to meet the needs

of the particular CE publication and describe

the relative weights assigned in the RFP; e.g.,

‘‘Evaluation factors are listed in descending

order of importance; criteria #1 is twice as

important as criteria #2,’’ etc.

a. Technical and production capability.

Scores will range from ‘‘0’’ (unacceptable), to

‘‘5’’ (exhibits state-of-the-art, award winning,

or clearly superior technical ability to

produce the required newspaper, guide, or

installation map). Factors to be considered

for newspaper contracts include: level of

automation; compatibility of automation with

existing PAO automation (unless other

automation is provided); printing capability;

production equipment; physical plant

(capabilities); and driving distance to the

plant. Similar factors may be considered for

guides and installation maps.

b. Services and/or items offered. Scores

will range from ‘‘0’’ (unacceptable), to ‘‘5’’

(the offer of equipment, such as automation

equipment; or services, such as editorial or

photographic services as set forth in the

contract solicitation that will greatly enhance

the newspaper and/or its production).

Factors to be considered for newspapers

include: offer of automation equipment and

the quality and amount of equipment offered;

the quality and amount of services offered;

the usefulness of the services and/or items to

the public affairs office in enhancing the

newspaper; the impact of the services and/or

items on other parts of the contract. Similar

factors may be considered for guides and

installation maps. The offer of equipment or

services not specifically related to producing

the publication will not result in the

assignment of a higher score.

c. Past performance record. Scores will

range from ‘‘0’’ (no experience in newspaper,

guide, or installation map publishing and/or

unsatisfactory, previous performance), to ‘‘5’’

(long-term, highly successful experience

publishing similar newspapers, guides, or

installation maps). Factors to be considered

include: demonstrated ability to

unsuccessfully produce a CE or similar

publication; demonstrated printing ability

(types of printing, history of newspaper,

guide, or installation map printing);

demonstrated success in contract

performance in a timely and responsive

manner; demonstrated capability to sell

advertising and successfully recoup

publication costs.

d. Management approach. Scores will

range from ‘‘0’’ (approach unacceptable), to

‘‘5’’ (proposal demonstrates a sound and

innovative approach to interfacing with the

PAO and managing the CE publication

operation). Factors to be considered include:

The offeror’s proposed approach to:

(1) Interfacing with the PAO staff.

(2) Controlling the quality and timeliness

of the finished product.

(3) Sale of ads of the type that enhance the

publication’s image in the community and

with the readership at large.

(4) Ensuring that contractor’s personnel are

properly supervised and managed.

3. Weighting factors. Points will be

assigned to the final score of each factor in

a proposal as determined by multiplying the

score assigned (e.g., ‘‘0,’’ ‘‘1,’’ ‘‘2,’’ ‘‘3,’’ ‘‘4,’’

or ‘‘5’’) by the relative weight of the

individual criterion as indicated:

Factor

Relative

weight

(percent)

Maximum

points

Criterion 1 ......................... 40 200

Criterion 2 ......................... 30 150

Criterion 3 ......................... 20 100

Criterion 4 ......................... 10 50

500

(Example Only):

Criterion 1 Score 5

(5×40) Total Points .... 200

Criterion 1 Score 4

(4×30) Total Points .... 120

Criterion 1 Score 3

(3×20) Total Points .... 60

Criterion 1 Score 2

(2×10) Total Points .... 20

400

4. Report of findings and

recommendations. After the SSAC has

completed final evaluation of proposals and

all weighting has been completed, the

committee will prepare a written report of its

findings and recommendations, setting forth

the consensus of the committee and its

composites scores (Sample at attachment 3 to

this Appendix). The Chairperson will sign

the report to confirm its accuracy and his

agreement with the recommendation. All

copies of proposals and evaluation

worksheets will be returned to the

contracting officer.

Attachment 2 to Appendix B to Part 247—

Sample Evaluation Worksheet

Contractor lllllllllllllll

Evaluator llllllllllllllll

Date llllllllllllllllll

Evaluation Criteria and Scores (Range 0–5

Points for Each)

1. Technical and production capability:

lllllllllllllllllllll

2. Services and items offered:

lllllllllllllllllllll

3. Past performance record:

lllllllllllllllllllll

4. Management approach:

lllllllllllllllllllll 1Narrative Discussion:

Strengths

Weaknesses

Deficiencies

Attachment 3 to Appendix B to Part 247—

Sample Memorandum for Selecting Official

Subject: Evaluation of Proposals RFP No.

lllll

1. All proposals received in response to

subject RFP have been evaluated by the

Source Selection Advisory Committee

(SSAC). The results and comments are listed

below.

a. Offeror’s proposals were rated as

follows:

Offeror Name

Numerical Score

b. Summary Narrative Comments.

(This section of the report shall be a

summary of the individual strengths and

weaknesses in each proposal, along with any

deficiencies that are susceptible to being

cured through written or oral discussions

with the offeror, as noted by the SSC

evaluators. This summary should be

supported by detailed narratives contained

on the individual evaluator’s worksheets.)

2. Recommendation.

lllllllllllllllllllll

Chairperson, SSAC

Appendix C to Part 247—Mailing of

DoD Newspapers, CE Guides, and

Installation Maps; Sales and

Distribution of Non-DoD Publications

A. Policy. It is DoD policy that mailing

costs shall be kept at a minimum consistent

with timeliness and applicable postal

regulations. (See DoD Instruction 4525.7 1

and DoD 4525.8–M 2 Responsible officials

shall consult with appropriate postal

authorities to obtain resolution of specific

problems.

B. Definition. DoD appropriated fund

postage includes all means of paying postage

using funds appropriated for the Department

of Defense. These means include meter

imprints and stamps, permits imprints,

postage stamps, and other means authorized

by the U.S. Postal Service.

C. Use of appropriated fund postage.

1. DoD appropriated fund postage shall be

used only for:

a. Mailing copies to satisfy mandatory

distribution requirements.

b. Mailing copies to other public affairs

offices for administrative purposes.

c. Mailing copies to headquarters in the

chain of command.

d. Bulk mailings of DoD newspapers to

subordinate units for distribution to members

of the units.
Federal Register / Vol. 60, No. 68 / Monday, April 10, 1995 / Proposed Rules 18059

e. Mailing information copies to other U.S.

Government Agencies, Members of Congress,

libraries, hospitals, schools, and depositories.

f. Mailing of an individual copy of a DoD

newspaper or CE publication in response to

an unsolicited request from a private person,

firm, or organization, if such response is in

the best interest of the DoD Component or its

subordinate levels of command.

g. Mailing copies of DoD newspapers,

guides, or installation maps to incoming DoD

personnel and their families to orient them

to their new command, installation, and

community.

2. DoD appropriated fund postage shall not

be used for mailing:

a. To the general readership of DoD

newspaper, guides, and installation maps,

unless specifically excepted in this part.

b. By a CE publisher.

c. CE publications other than newspapers

in bulk. (See paragraph C.1.d. of this section).

3. Generally, DoD newspapers and CE

publications shall be mailed as second class

Requester Publication Rate, third-class bulk,

or third- or fourth-class mail.

D. Legal prohibitions. Compliance with 18

U.S.C., 1302 and 1307 is mandatory. 18 USC

Section 1302 prohibits the mailing of

publications containing advertisements of

any type of lottery or scheme that is based

on lot or chance. 18 USC 1307 authorizes

exceptions pertaining to authorized State

lotteries, lotteries conducted by a not-forprofit organization or a governmental

organization, or conducted as a promotional

activity by a commercial organization and

clearly occasional and ancillary to the

primary business of that organization. An

exception also pertains to any gaming

conducted by an Indian tribe under 25 U.S.C.

2720. Lottery is defined as containing the

following three elements:

1. Prize (whatever items of value are

offered in the particular game).

2. Chance (random selection of numbers to

produce a winning combination).

3. Consideration (requirement to pay a fee

to play).

E. Review of mailing and distribution

effectiveness

1. Mailing and distribution lists shall be

reviewed annually to determine distribution

effectiveness and continuing need of each

recipient to receive the publication.

2. Distribution techniques, target

audiences, readers-per-copy ratios, and use of

the U.S. Postal Service to ensure the most

economical use of mail services consistent

with timeliness shall be revalidated annually.

F. Non-DoD publications. A commander

shall afford reputable distributors of other

publications the opportunity to sell or give

away publications at the activity he or she

commands in accordance with DoD Directive

1325.6. Such publications shall not be

distributed through official channels. These

publications may be made available through

subscription paid for by the recipient or

placed in specific general use areas

designated by the commander, such as the

foyers of open messes or exchanges. They

will be placed only in stands or racks

provided by the responsible publisher. The

responsible publisher will maintain the stand

or rack to present a neat and orderly

appearance. Subscriptions paid for by a

recipient may be home-delivered by the

commercial distributor in installation

residential areas.

Appendix D to Part 247—AFIS Print

Media Directorate

A. General. The Print Media Directorate

(AFIS–PM), an element of AFIS, develops,

publishes, procures, and distributes a variety

of print media products that support DoDwide programs and policies for targeted

audiences throughout the DoD community.

Products include the following:

1. Press and Art Pack, a weekly package of

camera-ready articles, photographs, and art

distributed principally to DoD newspaper

editors containing articles addressing several

of the DoD internal information plan subject

areas.

2. DEFENSE magazine, a bimonthly

periodical featuring articles authored by

senior military and civilian officials on DoD

programs and policies. An annual almanac

edition highlights DoD’s organization.

3. Defense Billboard, a monthly poster

featuring topics of particular interest to

junior Military Service members, but

applicable to general DoD audiences.

4. Pamphlets, booklets, and other posters

covering a variety of joint interest

information topics.

5. AFIS–PM also posts the Press and Art

Pack and selected feature stories on Army,

Navy, Air Force, Coast Guard, and

OATSD(PA) computer bulletin boards. PAOs

and editors may download text and art in a

form readily usable for word processing or

desktop publishing.

B. Use of materials published by print

media directorate. With the exception of

copyrighted matter, all materials published

by AFIS–PM may be reproduced or adapted

for use by DoD newspaper editors as

appropriate. When AFIS–PM material is

edited or revised, accuracy and conformance

to DoD policy and accepted standards of

good taste will be maintained. Due to the

policy-oriented nature of DEFENSE magazine

contents, particular care shall be taken to

preserve the original context, tone, and

meaning of any material adapted, revised, or

edited from this publication.

C. Eligible activities. The following

activities are eligible to receive the above

listed AFIS–PM products:

1. All authorized DoD newspapers.

2. Headquarters of the DoD Components

and their subordinate commands.

3. Proponent offices of DoD periodicals

published by the DoD Components.

4. AFRTS networks and outlets.

5. Isolated commands and detachments at

which DoD newspapers are not readily

available.

D. Procedures.

1. The Press and Art Pack is mailed

directly to requesting eligible organizations.

Requests should be forwarded directly to:

American Forces Information Service,

Director of Print Media, 601 North Fairfax

Street, Room 230, Alexandria, VA 22314–

2007.

2. Requests shall include name and address

of newspaper or activity, frequency of

publication, whether the requesting

newspaper is funded or CE, and a sample

copy of the publication.

3. Notification of changes of address,

newspaper title, or other status shall be

forwarded immediately to the address in

paragraph D.1. of this Appendix.

4. All other AFIS–PM materials should be

requisitioned through the Military Service’s

or organization’s publications distribution

system.

Appendix E to Part 247—DoD

Command Newspaper Review System

A. Purpose. The purpose of the DoD

command newspaper review system is to

assist commanders in establishing and

maintaining cost-effective internal

communications essential to mission

accomplishment. The system also enables

internal information managers to assess the

cost and effective use of resources devoted to

command newspapers and to provide

requested reports.

B. Policy. DoD newspapers shall be

reviewed and reported biennially. The

review process is not intended to replace

day-to-day quality assurance procedures or

established critique programs.

C. Approving authorities.

1. The ASD(PA) shall be the approving

authority for newspapers published by the

DoD Components and designated Unified

Combatant Commands, less the Military

Departments.

2. Within the Military Departments, the

Secretary or a designated representative shall

be the approving authority. This authority

shall be delegated no lower than the major

command or equivalent level.

D. Review criteria.

1. Each newspaper shall be evaluated on

the basis of mission essentiality,

communication effectiveness, costeffectiveness, and compliance with

applicable regulations.

2. In implementing the requirement that

only one newspaper is authorized at each

installation, any competing needs of an

installation and its tenant commands shall be

considered in accordance with § 247.6(b)(5)

(i) and (ii).

E. OSD command and newspaper review

board.

The OSD Command Newspaper Review

Board shall be chaired by the Director, AFIS.

Members shall be senior personnel

representing functional areas of the

command communication process (public

affairs, editorial, design and layout,

production, etc.). Members shall be drawn

from OSD and Defense Agencies, nominated

by office and agency heads at the invitation

of the chair. A technical advisory panel of

relevant specialities (printing, postal,

distribution, contracting, legal, etc.) may be

established at the discretion of the chair. The

primary purpose of this board is to review

requests for the publication of new

newspapers, but at the direction of the

chairperson, could expand their purpose to

review other areas of the program.

1. Recommendations may include the

establishment, disestablishment, or

continuance of a newspaper; changes in

volume, frequency, format, or paper stock;

and cost reduction measures.
18060 Federal Register / Vol. 60, No. 68 / Monday, April 10, 1995 / Proposed Rules

2. Recommendations shall have the

concurrence of two-thirds of the voting board

members.

F. Military department command

newspaper review. Military Departments

shall establish appropriate procedures to

accomplish command newspaper review and

reporting requirements.

G. Appeals. Appeals shall be made within

30 calendar days of the approving authority’s

decision if publishing activities have new

information to present. Representatives of a

publishing activity may make presentations

to a board and respond to questions during

open sessions of the board.

H. Reporting requirements

1. The DOD Components (less the Military

Departments) shall forward, by January 31 of

each even numbered year, the information

indicated at attachment 1 to this Appendix

for each newspaper published, and six recent

copies of the newspaper to: Director,

American Forces Information Service, Attn:

Print Media Plans and Policy, 601 North

Fairfax Street, Alexandria, VA 22314–2007.

Requests for approval of new newspapers

may be submitted at any time, using the

format at attachment 1 to this Appendix.

2. No later than April 15 of each evennumbered year, the Secretary (or designee) of

each Military Department shall forward to

the OATSD(PA) (ATTN: Director, AFIS) a

report of the Military Department’s review of

newspapers. A cover memorandum shall

include summary data on total number of

newspapers, number eliminated, and total

cost for the year being reported, along with

a listing of the information indicated at

attachment 1 of this appendix.

3. One information copy of each issue of

all DOD newspapers shall be forwarded on

publication date to the address in paragraph

H.1. of this Appendix.

4. Information copies of CE newspaper

contracts shall be forwarded to the address in

paragraph H.1. of this section, upon request.

5. Administrative Instructions shall be

issued by the Director, AFIS, for the annual

review and reporting of newspapers.

Attachment 1 to Appendix E to Part 247—

Request for Continuation and/or

Establishment of DOD Newspapers

As required by section H. of this appendix,

the following information shall be provided

biennially regarding newspaper published by

the DOD Components (less Military

Departments), and when requesting approval

for a new newspaper:

A. Name of newspaper.

B. Publishing command and mailing

address.

C. Printing arrangement:

1. Government equipment.

2. Government contract with commercial

printer.

3. CE contract with commercial publisher

(give name, mailing address, and phone

number of commercial publisher).

D. Automation capabilities (desktop

publishing, computer bulletin board, etc.)

E. Frequency and number of issues per

year.

F. Number of copies printed and estimated

readership.

G. Paper size (metro, tabloid, or magazine/

newsletter) and average number of pages per

issue.

H. Size of newspaper staff, listed as full

time, part time, and contractor-provided.

I. Annual costs of:

1. Editorial and administrative.

2. Supply and equipment.

3. Printing (funded only).

4. Distribution and mailing.

5. Staff transportation.

J. Attach six recent copies of the

newspaper.

K. For requests for approval of new

newspapers: Provide a comprehensive

statement of the necessity for the newspaper

including, if a tenant command, why host

installation newspaper does not serve the

needs of the requestor’s audience. Attach six

recent copies of newspapers published by the

host and any other tenants.

Attachment 2 to Appendix E to Part 247—

Military Department Newspaper Data

As required by section H.2. of this

appendix, the following information shall be

provided biennially regarding each

newspaper published by the Military

Departments:

A. Name of newspaper.

B. Publishing command and mailing

address.

C. Printing arrangement:

1. Government equipment.

2. Government contract with commercial

printer.

3. CE contract (give name, mailing address,

and phone number of commercial publisher).

D. Automation capabilities (desktop

publishing, computer bulletin board, etc.)

E. Frequency and number of issues per

year.

F. Number of copies per issue and

estimated readership.

G. Paper size (metro, tabloid, or magazine/

newsletter) and average number of pages per

issues.

H. Size of newspaper staff, listed as full

time, part time, and contractor-provided.

I. Annual costs:

1. Editorial and administrative.

2. Supply and equipment.

3. Printing (funded newspaper only).

4. Distribution and mailing.

5. Staff transportation.

Appendix F to Part 247—Deputy

Secretary of Defense Policy

Memorandum

The Deputy Secretary of Defense

Memorandum for Secretaries of the Military

Departments: Chairman of the Joint

Chiefs of Staff, Under Secretaries of

Defense, Director, Defense Research and

Engineering, Assistant Secretaries of

Defense, General Counsel of the

Department of Defense, Inspector

General of the Department of Defense,

Director, Operational Test and

Evaluation, Assistants to the Secretary of

Defense, Director, Administration and

Management, Directors of the Defense

Agencies, Directors of DoD Field

Activities

Subject: Alteration of Official Photographic

and Video Imagery

Photographic and video imagery has

become an essential tool of decision makers

at every level of command and in every

theater of military operations. Mission

success and ultimately the lives of our men

and women in uniform depend on this

imagery being complete, timely, and, above

all, highly accurate. Anything that weakens

or casts doubt on the credibility of this

imagery within or outside the Department of

Defense will not be tolerated.

The emergence of digital technology has

significantly increased the capability of

altering photographic and video imagery.

This capability represents a potential threat

to the credibility of Defense imagery. Since

current Federal Regulations and DoD

Directives do not specifically address the

deliberate alteration of official photographic

records, I believe guidance is required. I am

providing this guidance by establishing the

following as Department of Defense policy on

the alteration of official photographic and

video imagery:

a. The alteration of official Defense imagery

by persons acting for or on behalf of the

Department of Defense is prohibited except

as outlined below:

(1) Photographic techniques common to

traditional darkrooms and digital imaging

stations such as dodging, burning, color

balancing, spotting, and contrast adjustment

that are used to achieve the accurate

recording of an event or object are not

considered alterations.

(2) Photographic and video image

enhancement, exploitation, and simulation

techniques used in support of unique

cartography, geodesy, intelligence, medical,

RDT&E, scientific, and training requirements

are authorized if they do not misrepresent the

subject of the original image.

(3) The obvious masking of portions of a

photographic image in support of specific

security or criminal investigation

requirements is authorized.

(4) The use of cropping, editing, or

enlargement to selectively isolate, link, or

display a portion of a photographic or video

image is not considered alteration. However,

cropping, editing or image enlargement

which has the effect of misrepresenting the

facts or circumstances of the event or object

as originally recorded constitutes a

prohibited alteration.
Federal Register / Vol. 60, No. 68 / Monday, April 10, 1995 / Proposed Rules 18061

(5) The digital conversion and compression

of photographic and video imagery are

authorized.

(6) Photographic and video postproduction enhancement, including

animation, digital simulation, graphics, and

special effects, used for dramatic or narrative

effect in education, recruiting, safety and

training illustrations, publications, or

productions is authorized under either of the

following conditions:

(a) the enhancement does not misrepresent

the subject of the original image, or;

(b) it is clearly and readily apparent from

the context or from the content of the image

or accompanying text that the enhanced

image is not intended to be an accurate

representation of any actual event.

b. Official Defense imagery includes all

photographic and video images, regardless of

the medium in which they are acquired,

stored, or displayed, that are recorded or

produced by persons acting for or on behalf

of Department of Defense activities,

functions, or missions.

My intent with the above policy is to

ensure the absolute credibility of official DoD

photographic and video imagery within and

outside the Department of Defense.

This memorandum is effective

immediately. A DoD Directive incorporating

the substance of this memorandum shall be

issued within 90 days.

John Deutsch

Dated: March 30, 1995.

L.M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 95–8239 Filed 4–7–95; 8:45 am]

BILLING CODE 5000–04–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD09–95–008]

Drawbridge Operation Regulations;

Chicago River, IL

AGENCY: Coast Guard, DOT.

ACTION: Notice of intent to form a

negotiated rulemaking committee;

request for public comment and

membership.

SUMMARY: The Coast Guard intends to

form a negotiated rulemaking committee

to develop regulations governing the

operation of drawbridges over the

Chicago River in Chicago, Illinois for the

passage of recreational vessels. The

Coast Guard will establish the

committee under the provisions of the

Negotiated Rulemaking Act of 1990 and

the Federal Advisory Committee Act.

DATES: Comments and nominations for

membership must be received on or

before May 8, 1995.

ADDRESSES: Comments and nominations

for membership should be sent to Mr.

Robert Bloom, Chief, Bridge Branch,

Ninth Coast Guard District, 1240 East

Ninth Street, Cleveland, Ohio, or may be

delivered to room 2083D at the same

address between 8 a.m. and 3 p.m.,

Monday through Friday, except Federal

holidays. The telephone number is (216)

522–3993. Comments will become part

of the docket and will be available for

inspection or copying at room 2083D, at

the same address between 8 a.m. and 3

p.m., Monday through Friday, except

Federal holidays.

SUPPLEMENTARY INFORMATION:

Drafting Information

The principal person involved in

drafting this document are Mr. Robert

Bloom, Chief, Bridge Branch, and

Commander James M. Collin, District

Legal Officer, Ninth Coast Guard

District, Cleveland, Ohio.

Background

On April 18, 1994 (59 FR 18298), the

Coast Guard issued an amendment to its

regulation for drawbridge operations on

the Chicago River (33 CFR 117.391). The

amendment replaced on-demand

drawbridge openings for recreational

vessels, except during rush hour

periods, with significant restrictions on

openings, flotilla specifications and

advance notice requirements. Prior

temporary deviations to the regulations,

permitted under 33 CFR 117.43, also

had restricted drawbridge openings.

On September 26, 1994, the Coast

Guard’s action was rescinded by the

United States District Court for the

District of Columbia in the Court’s order

in the case of Crowley’s Yacht Yard, Inc.

Plaintiff v. Federico Pen ́ a, Secretary,

United States Department of

Transportation, Defendant (C.A. No.

94–1152 SSH), which also reinstated the

previous regulation.

In response to the Court’s action and

to obtain data for a new regulatory

initiative, the District Commander

issued a temporary deviation to the

regulations for the period from October

11, 1994 to December 5, 1994 and

received public comments through

January 15, 1995. The deviation also

permitted only limited weekday

openings, required advance notice for

openings, and included flotilla

specifications.

On February 10, 1995, the District

Commander authorized a 90 day

deviation for the period for April 15,

1995 through July 14, 1995, request

written comments, and scheduled a

public hearing (60 FR 8941, February

16, 1995). That deviation, described in

the Federal Register notice, would have

required twenty-four hour notice for all

openings, but did not restrict the timing

of openings, except to exclude the rush

hour periods recognized in the

regulations currently in force. Based on

all information available, including the

written comments received to date and

the presentations made at the public

hearing held on March 9, 1995 in

Chicago, the District Commander has

revised the deviation and a notice of the

revisions is published in this issue of

the Federal Register. This revised

deviation authorizes limited openings

on specified weekdays with advance

notice, as well as weekend openings.

The traditional notice and comment

rulemaking process, augmented by the

procedures for deviations, has not

generated a permenant and acceptable

resolution to the issue of drawbridge

openings on the Chicago River.

Therefore, the Coast Guard intends to

form a negotiated rulemaking committee

as an alternative process to produce an

acceptable and enduring amendment to

33 CFR 117.391. Negotiated rulemaking

does not guarantee success. If, for any

reason, the Coast Guard is unable to

convene a negotiated rulemaking

committee, or if the committee is unable

to reach a consensus on the content of

a proposed rule, the Coast Guard will

taken action to publish a Notice of

Proposed Rulemaking (NPRM) to

initiate a traditional notice and

comment rulemaking. The Coast

Guard’s goal is to publish a NPRM in

July and a final rule by September 14,

1995.

Regulatory Negotiation

In 1990, Congress passed the

Negotiated Rulemaking Act of 1990

(Pub. L. 101–648) (Reg-Neg Act) to

establish a framework under which

federal agencies could conduct

negotiated rulemaking. Negotiated

rulemaking is an adjunct to, and not a

substitute for, the traditional notice and

comment procedure described in the

Administrative Procedure Act (5 U.S.C.

551 et seq.) for developing regulations.

The Reg-Neg Act encourages federal

agencies to consider bringing together

representatives of all affected interests

to resolve issues through negotiation.

Negotiated rulemaking allows

participants to focus less on individual

positions and enables them to cooperate

to develop a regulation that best

incorporates all interests.

The Coast Guard and other

administrations in the Department of

Transportation has used negotiated

rulemaking successfully. These prior

experiences demonstrate that interested

parties working together indeed are able