Federal Register / Vol. 73, No. 197 / Thursday, October 9, 2008 / Rules and Regulations 59505 

(d) * * * 

(1) * * * 

(iv) Eligible dependents of a member 

described in paragraph (d)(1)(i) or 

paragraph (d)(1)(ii) of this section when 

the member is not enrolled in the 

program and the member meets at least 

one of the conditions in paragraphs 

(d)(1)(iv)(A) through (C) of this section. 

Already enrolled members must satisfy 

any remaining enrollment commitment 

prior to enrollment of dependents 

becoming effective under this 

paragraph, at which time the 

dependent-only enrollment will 

continue on a voluntary basis as 

specified in paragraph (d)(4) of this 

section. * * * 

* * * * * 

(4) * * * 

(ii) Enrollment period for enhanced 

benefits. The initial enrollment period 

for enhanced benefit coverage described 

in paragraph (f)(2) of this section shall 

be established by the Director, TMA, or 

designee, to be a period of not less than 

12 months and not more than 24 

months. The initial enrollment period 

shall be followed by renewal enrollment 

periods of up to 12 months as long as 

the enrollee chooses to continue 

enrollment and remains eligible. An 

enrollee who chooses not to continue 

enrollment upon completion of an 

enrollment period may re-enroll at any 

time. However, an enrollee who is 

disenrolled from the TRDP before 

completion of an initial or subsequent 

enrollment period for reasons other than 

those in paragraphs in (d)(5)(ii)(A) and 

(B) of this section shall incur a lockout 

period of 12 months before reenrollment can occur. Former enrollees 

who re-enroll following a lockout period 

or following a period of disenrollment 

after completion of an enrollment 

period must comply with all provisions 

that apply to new enrollees, including a 

new enrollment commitment. 

(5) * * * 

(ii) Voluntary termination. All 

enrollee requests for termination of 

TRDP coverage before the completion of 

an enrollment period shall be submitted 

to the TRDP contractor for 

determination of whether the enrollee 

qualifies to be disenrolled under 

paragraphs (d)(5)(ii)(A) or (B) of this 

section. 

(A) Enrollment grace period. 

Regardless of the reason, TRDP coverage 

shall be cancelled, or otherwise 

terminated, upon request from an 

enrollee if the request is received by the 

TRDP contractor within 30 calendar 

days following the enrollment effective 

date and there has been no use of TRDP 

benefits under the enrollment during 

that period. If such is the case, the 

enrollment is voided and all premium 

payments are refunded. However, use of 

benefits during this 30-day enrollment 

grace period constitutes acceptance by 

the enrollee of the enrollment and the 

enrollment period commitment. In this 

case, a request for termination of 

enrollment under paragraph (d)(5)(ii)(A) 

of this section will not be honored, and 

premiums will not be refunded. 

(B) Extenuating circumstances. Under 

limited circumstances, TRDP enrollees 

shall be disenrolled by the contractor 

before the completion of an enrollment 

period commitment upon request by an 

enrollee if the enrollee submits written, 

factual documentation that 

independently verifies that one of the 

following extenuating circumstances 

occurred during the enrollment period. 

In general, the circumstances must be 

unforeseen and long-term and must 

have originated after the effective date 

of TRDP coverage. 

(1) The enrollee is prevented by a 

serious medical condition from being 

able to utilize TRDP benefits, 

(2) The enrollee would suffer severe 

financial hardship by continuing TRDP 

enrollment; or 

(3) Any other circumstances which 

the Secretary considers appropriate. 

(C) Effective date of voluntary 

termination. For cases determined to 

qualify for disenrollment under the 

grace period provisions in paragraph 

(d)(5)(ii)(A) of this section, enrollment is 

completely nullified effective from the 

beginning date of coverage. For cases 

determined to qualify for disenrollment 

under the extenuating circumstances 

provisions in paragraph (d)(5)(ii)(B) of 

this section, the effective date of 

disenrollment is the first of the month 

following the contractor’s initial 

determination on the disenrollment 

request or the first of the month 

following the last use of TRDP benefits 

under the enrollment, whichever is 

later. 

(D) Appeal process for denied 

voluntary enrollment termination. An 

enrollee has the right to appeal the 

contractor’s determination that a 

disenrollment request does not qualify 

under paragraphs (d)(5)(ii)(A) or (B) of 

this section. The enrollee may appeal 

that determination by submitting a 

written appeal to the TMA, Office of 

Appeals and Hearings, with a copy of 

the contractor’s determination notice 

and relevant documentation supporting 

the disenrollment request. This appeal 

must be received by TMA within 60 

days of the date on the contractor’s 

determination notice. The burden of 

proof is on the enrollee to establish 

affirmatively by substantial evidence 

that the enrollee qualifies to be 

disenrolled under paragraphs 

(d)(5)(ii)(A) or (B) of this section. TMA 

will issue written notification to the 

enrollee and the contractor of its appeal 

determination within 60 days from the 

date of receipt of the appeal request. 

That determination is final. 

* * * * * 

(e) * * * 

(2) Effects of failure to make premium 

payments. Failure to make premium 

payments will result in the enrollee’s 

disenrollment from the TRDP and a 

lockout period of 12 months. Following 

this period of time, eligible individuals 

will be able to re-enroll. 

* * * * * 

(k) Appeal procedures. All levels of 

appeal established by the contractor 

shall be exhausted prior to an appeal 

being filed with the TMA. Procedures 

comparable to those established for 

appeal of benefit determinations under 

§ 199.10 of this part shall apply together 

with the procedures for appeal of 

voluntary disenrollment determinations 

described in paragraph (d)(5)(ii)(D) of 

this section. 

* * * * * 

Dated: September 30, 2008. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. E8–24001 Filed 10–8–08; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 212 

[DoD–2006–OS–0041; 0790–AI35] 

Procedures and Support for NonFederal Entities Authorized To Operate 

on Department of Defense (DoD) 

Installations 

AGENCY: Department of Defense. 

ACTION: Final rule. 

SUMMARY: This rule updates 

responsibilities and procedures to 

define and reestablish a framework for 

non-Federal entities (NFEs) (previously 

called ‘‘private organizations’’) 

authorized to operate on DoD 

installations. It requires the Heads of 

DoD Components to conduct periodic 

reviews of facilities, programs, services, 

and membership provisions of NFEs 

operating on DoD installations and 

authorizes installation commanders or 

higher authority to determine if an NFE 

detracts from DoD programs and to 

eliminate duplication. The rule also 


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59506 Federal Register / Vol. 73, No. 197 / Thursday, October 9, 2008 / Rules and Regulations 

1Copies of unclassified DoD Directives, 

Instructions, Publications, and Administrative 

Instructions may be obtained at http:// 

www.dtic.mil/whs/directives/. 

identifies those NFEs having statutory 

authorization for particular support and 

restates DoD policy on sponsorship of 

NFEs by DoD personnel acting in an 

official capacity, specifically as it 

applies to chartering Boy Scout 

organizations authorized to operate on 

DoD installations. 

DATES: Effective Date: This rule is 

effective November 10, 2008. 

FOR FURTHER INFORMATION CONTACT: Pam 

Crespi, 703–602–5004. 

SUPPLEMENTARY INFORMATION: The 

Department of Defense published a 

proposed rule on October 2, 2007 (72 FR 

56021–56025). Comments were received 

from the Boy Scouts of America. 

Comments: (1) Footnote 11 should be 

deleted as the district court ruling was 

reversed; (2) Other provisions of the 

Support Our Scouts Act make clear that 

Boy Scouts and certain other youth 

organizations are entitled to the same 

support from Federal agencies that they 

have traditionally received; and (3) 

Clarify support may be provided to 

groups that are non-traditional affiliates 

of the Boy Scouts such as the Exploring/ 

Learning for Life Programs. 

Response: (1) Footnote 11 has been 

deleted; (2) Support for Youth 

Organizations and the authorities 

Section 1058 of Public Law 109–163 

(Note to Section 301 of title 5 U.S.C.) 

and Section 8126 of Public Law 109– 

148 (Note to Section 101 of title 10 

U.S.C. and Section 301 of title 5 U.S.C.) 

were added to Appendix A that lists the 

Non-Federal Entities Having Statutory 

Authorization For Particular Support; 

and (3) section 212.6(c)(4)(2) has been 

revised to read ‘‘* * * DoD support to 

Boy Scouts or their official affiliates 

* * *’’ 

Also, minor administrative 

amendments have been made in this 

final rule to bring it into consistency 

with 32 CFR part 213. 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ 

This regulatory action is not a 

significant regulatory action, as defined 

by Executive Order 12866 and does not: 

(1) Have an annual effect to the 

economy of $100 million or more or 

adversely affect in a material way the 

economy; a section of the economy; 

productivity; competition; jobs; the 

environment; public health or safety; or 

State, local, or tribal governments or 

communities; 

(2) Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another Agency; 

(3) Materially alter the budgetary 

impact of entitlements, grants, user fees, 

or loan programs, or the rights and 

obligations of recipients thereof; or 

(4) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in this Executive Order. 

Unfunded Mandates Reform Act (Sec. 

202, Pub. L. 104–4) 

This regulatory action does not 

contain a Federal mandate that may 

result in the expenditure by State, local 

and tribal governments, in aggregate, or 

by the private sector, of $100 million or 

more in any one year. 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C. 601) 

This regulatory action is not subject to 

the Regulatory Flexibility Act (5 U.S.C. 

601) because it would not, if 

promulgated, have a significant 

economic impact on a substantial 

number of small entities. The rule 

establishes policy and assigns executive 

agent responsibilities but taken 

cumulatively, those changes would not 

have a significant impact on a 

substantial number of small entities. 

Public Law 96–511, ‘‘Paperwork 

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

This regulatory action does impose 

reporting or recordkeeping requirements 

under the Paperwork Reduction Act of 

1995. 

Executive Order 13132, ‘‘Federalism’’ 

This regulatory action does not have 

federalism implications, as set forth in 

Executive Order 13132. This rule does 

not have substantial direct effects on: 

1. The States; 

2. The relationship between the 

National Government and the States; or 

3. The distribution of power and 

responsibilities among the various 

levels of government. 

List of Subjects in 32 CFR Part 212 

Armed forces, Foreign relations, 

Statistics, Taxes. 

■ Accordingly, 32 CFR part 212 is 

revised to read as follows: 

PART 212—PROCEDURES AND 

SUPPORT FOR NON-FEDERAL 

ENTITIES AUTHORIZED TO OPERATE 

ON DEPARTMENT OF DEFENSE (DOD) 

INSTALLATIONS 

Sec. 

212.1 Purpose. 

212.2 Applicability. 

212.3 Definitions. 

212.4 Policy. 

212.5 Responsibilities. 

212.6 Procedures. 

Appendix A to Part 212—Non-Federal 

Entities Having Statutory Authorization 

for Particular Support 

Authority: 5 U.S.C. 301; 10 U.S.C. 2554; 10 

U.S.C. 2606; and 36 U.S.C. 300110 

§ 212.1 Purpose. 

This part: 

(a) Implements 32 CFR part 213. 

(b) Updates responsibilities and 

procedures to define and reestablish a 

framework for non-Federal entities 

authorized to operate on Department of 

Defense (DoD) installations. 

§ 212.2 Applicability. 

(a) This part applies to: 

(1) The Office of the Secretary of 

Defense, the Military Departments, the 

Office of the Chairman of the Joint 

Chiefs of Staff and the Joint Staff, the 

Combatant Commands, the Office of 

Inspector General of the Department of 

Defense, the Defense Agencies, the DoD 

Field Activities, and all other 

organizational entities within the 

Department of Defense (hereafter 

referred to collectively as the ‘‘DoD 

Components’’). 

(2) Non-Federal entities authorized to 

operate on DoD installations. 

(b) This part shall not apply to: 

(1) Military relief societies. 

(2) Banks or credit unions according 

to 32 CFR part 230. 

(3) Support provided under 

Innovative Readiness Training 

according to DoD Directive 1100.20.1

§ 212.3 Definitions. 

DoD installation: As used in this 

instruction, a base, camp, post, station, 

yard, center, homeport facility for any 

ship, or other activity under the 

jurisdiction of the Department of 

Defense, including any leased facility 

or, in the case of an activity in a foreign 

country, under the operational control 

of the Department of Defense. This term 

does not include any facility used 

primarily for civil works, rivers and 

harbor projects, or flood control 

projects. 

Non-Federal entities. A self-sustaining 

organization, incorporated or 

unincorporated, that is not an agency or 

instrumentality of the Federal 

government. This part addresses only 

those entities that operate on DoD 

installations with the express consent of 

the installation commander or higher 

authority. Membership of these 

organizations consists of individuals 

acting exclusively outside the scope of 


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Federal Register / Vol. 73, No. 197 / Thursday, October 9, 2008 / Rules and Regulations 59507 

any official capacity as officers, 

employees, or agents of the Federal 

Government. Non-Federal entities 

include a State, interstate, Indian tribal, 

or local government, as well as private 

organizations. 

United States. As used in this part, 

the 50 States, the District of Columbia, 

the Commonwealth of Puerto Rico, the 

Commonwealth of the Northern Mariana 

Islands, the U.S. Virgin Islands, Guam, 

American Samoa, Johnston Atoll, 

Kingman Reef, Midway Island, Nassau 

Island, Palmyra Island, Wake Island, 

and any other territory or possession of 

the United States, and associated 

navigable waters, including the 

territorial seas. 

§ 212.4 Policy. 

It is DoD policy, consistent with 32 

CFR part 213, that procedures be 

established for the operation of nonFederal entities on DoD installations to 

prevent official sanction, endorsement, 

or support by the DoD Components 

except as authorized in DoD 5500.7–R 

and applicable law. The Department 

recognizes that non-Federal entity 

support of Service members and their 

families can be important to their 

welfare. Non-Federal entities are not 

entitled to sovereign immunity and 

privileges accorded to Federal agencies 

and instrumentalities. The DoD 

Components shall take action to 

preclude unauthorized expenditures of 

appropriated funds, commissary 

surcharge, or nonappropriated funds 

(NAF) in support of these organizations. 

§ 212.5 Responsibilities. 

(a) The Principal Deputy Under 

Secretary for Personnel and Readiness, 

under the Under Secretary of Defense 

for Personnel and Readiness and in 

coordination with the Deputy Under 

Secretary of Defense for Installations 

and Environment and subject to DoD 

Directive 4165.6, shall be responsible 

for implementing policy and oversight 

of non-Federal entities on DoD 

installations. 

(b) The Heads of the DoD Components 

shall: 

(1) Implement this part. 

(2) Be aware of all non-Federal 

entities operating on installations under 

their jurisdiction. 

(3) Conduct reviews to ensure 

installation commanders periodically 

review facilities, programs, and services 

provided by non-Federal entities 

operating on DoD installations. 

Installation commanders will also 

review membership provisions and the 

original purpose for which each 

organization was originally approved. 

Substantial changes to those original 

conditions shall necessitate further 

review, documentation, and approval 

for continued permission to operate on 

the installation. 

§ 212.6 Procedures. 

(a) To prevent the appearance of 

official sanction or support by the 

Department of Defense: 

(1) Non-Federal entities may not use 

the seals, logos, or insignia of the 

Department of Defense or any DoD 

Component, DoD organizational unit, or 

DoD installation on organization 

letterhead, correspondence, titles, or in 

association with organization programs, 

locations, or activities. 

(2) Non-Federal entities operating on 

DoD installations may use the name or 

abbreviation of the Department of 

Defense, a DoD Component, 

organizational unit, or installation in its 

name provided that its status as a nonFederal entity is apparent and 

unambiguous and there is no 

appearance of official sanction or 

support by the Department of Defense. 

The following applies: 

(i) The non-Federal entity must have 

approval from the appropriate DoD 

organization whose name or 

abbreviation is to be used before using 

the name or abbreviation. 

(ii) Any use of the name or 

abbreviation of a DoD Component, 

organizational unit, or installation must 

not mislead members of the public to 

assume a non-Federal entity is an 

organizational unit of the Department of 

Defense. 

(iii) A non-Federal entity must 

prominently display the following 

disclaimer on all print and electronic 

media mentioning the entity’s name 

confirming that the entity is not a part 

of the Department of Defense: ‘‘THIS IS 

A NON-FEDERAL ENTITY. IT IS NOT 

A PART OF THE DEPARTMENT OF 

DEFENSE OR ANY OF ITS 

COMPONENTS AND IT HAS NO 

GOVERNMENTAL STATUS.’’ This 

disclaimer must also be provided in 

appropriate oral communications and 

public announcements when the name 

of the entity is used. 

(b) Activities of non-Federal entities 

covered by this part shall not in any 

way prejudice or discredit the DoD 

Components or other Federal 

Government agencies. 

(c) Subject to DoD Directive 4165.6 as 

it relates to real property, installation 

commanders shall approve written 

agreements that indicate permission to 

operate on the installation and any 

logistical support that will be provided. 

DoD personnel acting in an official 

capacity will not execute any charter 

that will serve as the legal basis for the 

non-Federal entity. The nature, 

function, and objectives of a nonFederal entity covered by this part shall 

be delineated in articles of 

incorporation, a written constitution, 

bylaws, charters, articles of agreement, 

or other authorization documents before 

receiving approval from the installation 

commander to operate on the 

installation. That documentation shall 

also include: 

(1) Description of eligible membership 

in the non-Federal entity. 

(i) No person because of race, color, 

creed, sex, age, disability, or national 

origin shall be unlawfully denied 

membership, unlawfully excluded from 

participation, or otherwise subjected to 

unlawful discrimination by any nonFederal entity or other private 

organization covered by this part. 

(ii) Installation commanders will 

distribute information on procedures for 

individuals to follow when they suspect 

unlawful discrimination by the 

organization. 

(2) Designation of management 

responsibilities, including the 

accountability for assets, satisfaction of 

liabilities, disposition of any residual 

assets on dissolution, and other 

documentation that shows responsible 

financial management. 

(3) A certification indicating that 

members understand they are 

personally liable, as provided by law, if 

the assets of the non-Federal entity are 

insufficient to discharge all liabilities. 

(4) Guidance relating to professional 

scouting organizations operating at U.S. 

military installations located overseas 

can be found in DoD Instruction 1015.9. 

(i) In accordance with DoD 5500.7–R, 

which contains a policy on sponsorship 

of non-Federal entities by DoD 

personnel acting in an official capacity, 

DoD personnel acting in an official 

capacity shall not execute charters that 

serve as the legal basis for the creation 

of Boy Scouts organizations (including 

Boy Scouts, Cub Scout Packs, or 

Venturer Crews). 

(ii) In accordance with U.S. District 

Court for the Northern District of 

Illinois, Eastern Division, Decision No. 

1999 CV 02424, while such chartering is 

not allowed, nothing in this part is 

intended to preclude, if otherwise 

authorized by law or regulation, DoD 

support to Boy Scouts or their official 

affiliates; Boy Scouts activities on DoD 

installations; or sponsorship of Boy 

Scout organizations by DoD personnel 

in their personal capacity. Existing 

charters executed by DoD personnel in 

their official capacity shall be 

terminated or amended to substitute 

sponsorship by an appropriate 

individual, volunteer, group, or 


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2Paragraph mandated by ‘‘Partial Settlement 

Agreement Between Plaintiffs and Secretary 

Rumsfeld’’, United States District Court for the 

Northern District of Illinois, Eastern Division, No. 

1999 CV 02424 (Eugene Winkler, et al., v. Chicago 

School Reform Board of Trustees, et al.) 

organization, consistent with DoD 

policy.2

(d) A non-Federal entity covered by 

this part shall not offer programs or 

services on DoD installations that 

compete with appropriated or NAF 

activities, but may, when specifically 

authorized, supplement those activities. 

(1) Installation commanders, or higher 

authorities if the installation 

commander has not been delegated such 

authority, will determine if the services 

of a non-Federal entity conflict with or 

detract from local DoD programs. The 

cognizant commander has discretionary 

authority over the operations of nonFederal entities on DoD installations. 

Commanders are authorized to 

eliminate duplication of services, 

particularly when these services 

compete with the installation’s revenuegenerating activities. 

(2) Background checks are required 

for employees and volunteers of nonFederal entities who have contact with 

children under the age of 18 in DoDoperated, -contracted, or communitybased programs that are used to 

supplement or expand child care or 

youth services, according to DoD 

Instruction 1402.5. 

(e) Non-Federal entities covered by 

this part shall be self-sustaining, 

primarily through dues, contributions, 

service charges, fees, or special 

assessment of members. There shall be 

no financial assistance to such an entity 

from a NAF Instrumentality (NAFI) in 

the form of contributions, repairs, 

services, dividends, or other donations 

of money or other assets. Fundraising 

and membership drives are governed by 

DoD 5500.7–R. 

(f) Non-Federal entities are not 

entitled to DoD support. However, 

support may be provided when it is 

consistent with and supportive of the 

military mission of the DoD Component 

concerned. Such support may be 

provided only when it can be offered 

within the capability of the installation 

commander without detriment to the 

commander’s ability to fulfill the 

military mission, and when it is 

permitted under applicable Status of 

Forces Agreements. The DoD 

Components may provide logistical 

support to non-Federal entities with 

appropriated funds to the extent 

authorized by DoD 5500.7–R and 

applicable law. NAFI funds or assets 

shall not be directly or indirectly 

transferred to non-Federal entities 

according to DoD Instruction 1015.15. 

(g) Personal and professional 

participation in non-Federal entities by 

DoD employees is governed by DoD 

5500.7–R. DoD personnel acting in an 

official capacity will not execute 

charters that serve as the legal basis for 

any non-Federal entity or other private 

organization. 

(h) Neither appropriated fund 

activities nor NAFIs may assert any 

claim to the assets, or incur or assume 

any obligation, of any non-Federal 

entity covered by this part, except as 

may arise out of contractual 

relationships or as provided by law. 

Property shall not be abandoned on the 

installation by a non-Federal entity and 

may only be acquired by the DoD 

installation by purchase or through 

donation agreed to by the Department of 

Defense. 

(i) The non-Federal entity shall have 

adequate insurance, as defined by the 

DoD Component concerned, to protect 

against liability and property damage 

claims or other legal actions that may 

arise due to its activities, those of its 

members, or the operation of its 

equipment or devices. The DoD 

Components will not assume liability 

(through insurance or other means) for 

any activities or assets of non-Federal 

entities. 

(j) Non-Federal entities shall comply 

with applicable fire and safety 

regulations; environmental laws; local, 

State, and Federal tax codes; and any 

other applicable statutes or regulations. 

(k) Income from a non-Federal entity 

or its activities shall not accrue to 

individual members of a non-Federal 

entity except through wages and salaries 

as employees of the non-Federal entity 

or as award recognition for services 

rendered to the non-Federal entity or 

military community. This prohibition is 

not meant to preclude operation of 

investment clubs, in which the 

investment of members’ personal funds 

result in a return on investment directly 

and solely to the individual members. 

(l) Employees of non-Federal entities 

are not employees of the United States 

or of an instrumentality of the United 

States. Applicable laws on labor 

standards for employment shall be 

observed, including worker’s 

compensation insurance. Employees of 

non-Federal entities shall not 

participate in NAF employee benefit 

programs based upon their affiliation 

with the non-Federal entity. 

(m) Non-Federal entities that have 

statutory authorization for particular 

support are listed at Appendix A to this 

part. 

(n) Certain unofficial activities 

conducted on DoD installations do not 

need formal authorization because of 

the limited scope of their activities. 

Examples are office coffee funds, flower 

funds, and similar small, informal 

activities and funds. The DoD 

Components shall establish the basis 

upon which such informal activities and 

funds shall operate. 

Appendix A to Part 212—Non-Federal 

Entities Having Statutory Authorization 

for Particular Support 

NON-FEDERAL ENTITIES HAVING STATUTORY AUTHORIZATION FOR PARTICULAR SUPPORT

Non-Federal entity Authority 

Certain banks and credit unions .............................................................. Chapter 1770 of title 12, United States Code (U.S.C.). 

Title 32, Code of Federal Regulations (CFR), part 230. 

United Service Organization ..................................................................... Section 220101 of title 36, U.S.C. 

Title 32, CFR, part 213. 

Memorandum of Understanding (MOU) between DoD and the United 

Service Organization. 

Labor organizations .................................................................................. Title 5, U.S.C., Chapter 71. 

DoD 1400.25–M, subchapter 711. 

Combined Federal Campaign .................................................................. Executive Order 12353. 

Title 5, CFR, part 950. 

DoD Instruction 5035.1. 

DoD Instruction 5035.5. 

American Registry of Pathology ............................................................... Section 177 of title 10 U.S.C. 

Henry M. Jackson Foundation for the Advancement of Military Medicine Section 178 of title 10 U.S.C. 


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NON-FEDERAL ENTITIES HAVING STATUTORY AUTHORIZATION FOR PARTICULAR SUPPORT—Continued 

Non-Federal entity Authority 

American National Red Cross .................................................................. Section 2552 of title 10 U.S.C. 

Section 2602 of title 10 U.S.C. 

Secretary of The Army Memorandum. ‘‘Support to the Red Cross During Times of Conflict’’. 

Title 32, CFR, part 213. 

MOU between the Department of Justice and American Red Cross. 

Boy Scouts Jamborees ............................................................................ Section 2554 of title 10 U.S.C.

Girl Scouts International Events (Transportation) .................................... Section 2555 of title 10 U.S.C. 

DoD Instruction 1015.9. 

Shelter for Homeless ................................................................................ Section 2556 of title 10 U.S.C. 

National Military Associations; Assistance at National Conventions ....... Section 2558 of title 10 U.S.C. 

DoD Directive 5410.18. 

DoD Instruction 5410.19. 

National Veterans’ Organizations (Beds and Barracks) .......................... Section 2551 of title 10 U.S.C. 

United Seamen’s Service Organization ................................................... Section 2604 of title 10 U.S.C. 

Title 32, CFR, part 213. 

Scouting: Cooperation and Assistance in Foreign Areas ........................ Section 2606 of title 10 U.S.C. 

DoD Instruction 1015.9. 

Civil Air Patrol ........................................................................................... Section 9441 of title 10 U.S.C. 

Section 9442 of title 10 U.S.C. 

Section 40301 of title 36 U.S.C. 

Assistance for certain youth and charitable organizations ...................... Section 508 of title 32 U.S.C. 

DoD Directive 1100.20. 

Presidential Inaugural Ceremonies .......................................................... Section 2553 of title 10 U.S.C. 

Specified Sporting Events (Olympics) ...................................................... Section 2564 of title 10 U.S.C. 

DoD Directive 2000.15. 

Fire Protection Agreements ...................................................................... Section 1856 of title 42 U.S.C. et seq. 

Armed Services Young Men’s Christian Association ............................... Section 2012 of title 10 U.S.C. 

Section 2648 of title 10 U.S.C. 

Section 508 of title 32, U.S.C. 

MOU between DoD and the Armed Services YMCA. 

Support for Youth Organizations .............................................................. Section 1058 of Public Law 109–163 (Note to Section 301 of title 5 

U.S.C.). 

Section 8126 of Public Law 109–148 (Note to Section 101 of title 10 

U.S.C. and Section 301 of title 5 U.S.C.). 

Dated: September 30, 2008. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. E8–23970 Filed 10–8–08; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–0246] 

RIN 1625–AA00 

Safety Zone; BWRC Annual 

Thanksgiving Regatta; Lake Moolvalya, 

Parker, AZ 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone on the 

navigable waters of Lake Moolvalya 

region on the lower Colorado River in 

support of the Bluewater Resort and 

Casino Annual Thanksgiving Regatta. 

This safety zone is necessary to provide 

for the safety of the participants, crew, 

spectators, participating vessels, and 

other vessels and users of the waterway. 

Persons and vessels are prohibited from 

entering into, transiting through, or 

anchoring within this safety zone unless 

authorized by the Captain of the Port, or 

his designated representative. 

DATES: This rule is effective from 6 a.m. 

on November 28, 2008 through 6 p.m. 

on November 30, 2008. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2008–0246 and are 

available online at http:// 

www.regulations.gov, selecting the 

Advanced Docket Search option on the 

right side of the screen, inserting USCG– 

XXXX–XXXX in the Docket ID box, 

pressing Enter, and then clicking on the 

item in the Docket ID column. This 

material is also available for inspection 

or copying at two locations: the Docket 

Management Facility (M–30), U.S. 

Department of Transportation, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays and the U.S. 

Coast Guard Sector San Diego, 2710 N. 

Harbor Drive, San Diego, CA 92101 

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

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call Petty Officer Kristen Beer, 

USCG, Waterways Management, U.S. 

Coast Guard Sector San Diego at (619) 

278–7233. If you have questions on 

viewing the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On June 11, 2008, we published a 

notice of proposed rulemaking (NPRM) 

entitled Safety zone; BWRC Annual 

Thanksgiving Regatta; Lake Moolvalya, 

Parker, Arizona in the Federal Register 

(73 FR 33028). We received no letters 

commenting on the proposed rule. No 

public meeting was requested, and none 

was held. 


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