        DEPARTMENT OF TRANSPORTATION
        Federal Transit Administration
        49 CFR Part 611
        [Docket No. FTA-2010-0009]
        RIN 2132-AB02
        Major Capital Investment Projects

          AGENCY:
          Federal Transit Administration (FTA), DOT.

          ACTION:
          Public meetings on ANPRM.

          SUMMARY:

          This document announces the dates, times, and locations of outreach sessions concerning the Advance Notice of Proposed Rulemaking (ANPRM) for FTA's New Starts and Small Starts programs. Presentations delivered at these meetings will describe the provisions of the ANPRM issued by the Federal Transit Administration (FTA). Further outreach sessions, if scheduled, will be announced in a subsequent Federal Register notice.

          DATES:

            See
            SUPPLEMENTARY INFORMATION section for meeting dates.

          ADDRESSES:

            See
            SUPPLEMENTARY INFORMATION section for meeting locations.

          FOR FURTHER INFORMATION CONTACT:
          Elizabeth Day, Office of Planning and Environment, (202) 366-5159; for questions of a legal nature, Christopher Van Wyk, Office of Chief Counsel, (202) 366-1733. FTA is located at 1200 New Jersey Avenue, SE., Washington, DC 20590. Office hours are from 9 a.m. to 5:30 p.m., EST, Monday through Friday, except Federal holidays.

        SUPPLEMENTARY INFORMATION:

        FTA announced the time and location of its first two outreach meetings with the ANPRM published on June 3, 2010 (75 FR 31383), noting that additional meetings would be announced in subsequent Federal Register notices. The meetings listed below are additional outreach sessions that will provide a forum for FTA staff to make oral presentations on the ANPRM and for participants to ask questions. Additionally, the sessions are intended to encourage interested parties and stakeholders to submit their comments directly to the official docket per the instructions found in the June 3, 2010 ANPRM. Further outreach sessions, if scheduled, will be announced in a subsequent Federal Register notice.
        I. Meetings

          Information on the public outreach session meeting dates and addresses follows:

        1. Tuesday, June 29, 2010, 9 a.m.-1 p.m., CST, 165 East Ontario Street, Chicago, IL 60611 (Courtyard Marriott Magnificent Mile Hotel, Ontario Ballroom).
        2. Wednesday, June 30, 2010, 9 a.m.-1 p.m., PST, 299 Second Street, San Francisco, CA 94105 (Courtyard Marriott San Francisco Downtown Hotel, Rincon Hill Ballroom).
        3. Monday, July 12, 2010, 9 a.m.-1 p.m., CST, 300 Reunion Blvd, Dallas, TX 75207 (Hyatt Regency Dallas Hotel, Reunion Ballroom F).
        4. Thursday, July 15, 2010, 9 a.m.-1 p.m., EST, 525 New Jersey Ave, NW., Washington, DC 20001 (Washington Court Hotel, Atrium Ballroom).
        II. Comment Format
        Meeting attendees will have an opportunity to pose questions to the speakers and to the group as a whole. It is the responsibility of individuals who wish for their comments to become part of the official public record to submit their comments directly to the official docket for the rulemaking. Instructions for doing so can be found in the June 3rd ANPRM.
        III. Registration

        Registration is not required in order to attend one of these public meetings. But in order to ensure adequate space and handouts, participants are encouraged to register for the outreach sessions at the Web sites that follow each city name: Chicago (http://www.regonline.com/NewStartsANPRMOutreachChicago); San Francisco (http://www.regonline.com/NewStartsANPRMOutreachSanFrancisco); Dallas (http://www.regonline.com/NewStartsANPRMOutreachDallas); Washington, DC (http://www.regonline.com/NewStartsANPRMOutreachWashingtonDC).
        IV. Special Accommodations
        All locations are ADA-accessible. Individuals attending a meeting who are hearing or visually impaired and have special requirements, or requiring special assistance, may obtain this by calling Elizabeth Day at (202) 366-5159.

          Issued in Washington, DC, June 8, 2010.
          Scott A. Biehl,
          Deputy Chief Counsel.

      [FR Doc. 2010-14169 Filed 6-14-10; 8:45 am]
      BILLING CODE 4910-57-P


        DEPARTMENT OF HEALTH AND HUMAN SERVICES
        45 CFR Part 46
        Proposed Waiver of the Applicability of Certain Provisions of Department of Health and Human Services Regulations for the Protection of Human Subjects for Department of Health and Human Services Epidemiologic Research Involving Prisoners as Subjects

          AGENCY:
          Office for Human Research Protections, Office of Public Health and Science, Office of the Secretary, Department of Health and Human Services.

          ACTION:
          Proposed notice of waiver.

          SUMMARY:

          The Department of Health and Human Services (DHHS) is proposing to waive the applicability of certain provisions of Subpart C of 45 CFR part 46, the DHHS regulations for the protection of human subjects, to specific types of epidemiological research involving prisoners as subjects. Subpart C, entitled Additional DHHS Protections Pertaining to Biomedical and Behavioral Research Involving Prisoners as Subjects, sets forth specific requirements for any research involving prisoners that is conducted or supported by DHHS. Pursuant to 45 CFR 46.101(i), the Secretary of Health and Human Services proposes waiving the applicability of 45 CFR 46.305(a)(1) and 46.306(a)(2) to allow DHHS to conduct or support certain important and necessary epidemiologic research that presents no more than minimal risk and no more than inconvenience to prisoner-subjects.

          DATES:
          Comments on the proposed waiver must be received on or before November 6, 2002.

          ADDRESSES:

          Comments must be sent to: Irene Stith-Coleman, Ph.D., Office for Human Research Protections (OHRP), The Tower Building, 1101 Wootton Parkway, Suite 200, Rockville, MD 20852. Telephone 301-496-7005. E-mail istithco@osophs.dhhs.gov. The Department invites written comments on the proposed waiver.

          FOR FURTHER INFORMATION CONTACT:

          Irene Stith-Coleman, Ph.D., Office for Human Research Protections (OHRP), The Tower Building, 1101 Wootton Parkway, Suite 200, Rockville, MD 20852. Telephone 301-496-7005. E-mail istithco@osophs.dhhs.gov. Interested persons may obtain a copy of the current regulations for protection of human subjects, including subpart C, at http://ohrp.osophs.dhhs.gov/humansubjects/guidance/45cfr46.htm.

        SUPPLEMENTARY INFORMATION:
        Proposed Waiver
        Pursuant to 45 CFR 46.101(i), the Secretary of Health and Human Services (HHS) proposes waiving the applicability of 45 CFR 46.305(a)(1) and 46.306(a)(2) for certain research conducted or supported by DHHS. In specific, for DHHS conducted or supported research involving epidemiologic studies (1) in which the sole purposes are (i) to describe the prevalence or incidence of a disease by identifying all cases, or (ii) to study potential risk factor associations for a disease, and (2) where the institution responsible for the conduct of the research certifies to the Office for Human Research Protections (OHRP), acting on behalf of the Secretary, that the Institutional Review Board (IRB) approved the research and fulfilled its duties under 45 CFR 46.305(a)(2)-(7) and determined and documented that (i) the research presents no more than minimal risk and no more than inconvenience to the prisoner-subjects, and (ii) prisoners are not a particular focus of the research, the Secretary of DHHS proposes waiving the requirements in sections 46.305(a)(1) and 46.306(a)(2) that the IRB and the Secretary determine that the research involves one of the categories of research permissible under 45 CFR 46.306(a)(2).
        Background
        DHHS conducts or supports certain epidemiologic studies in which the purposes are: (1) to describe the prevalence or incidence of a disease by identifying all cases, and (2) to study potential risk factor associations for a disease. For most such studies, the IRB determines that the research at issue involves no more than minimal risk and no more than inconvenience to the subjects. The human participants in this type of public health research may include prisoners in the study population. State health agencies are most commonly the conduits for this kind of research.

        Subpart C of the DHHS regulations, set forth in 45 CFR 46.301 et seq., defines four categories of research that may involve prisoners. Sections 45 CFR 46.305(a)(1) and 46 306(a)(2) require that IRBs and the Secretary, respectively, determine that research involving prisoners represent one of these four categories. The first three, paragraphs (i), (ii), and (iii) of 46.306(a)(2), require that the research target either (i) the causes, effects, or processes of incarceration and of criminal behavior; (ii) the prison as an institution or prison life; or (iii) conditions particularly affecting prisoners as a class. The fourth, paragraph (iv) of 46.306(a)(2), permits research on practices which have the intent and reasonable probability of improving the health or well-being of the prisoner-subject. Certain epidemiologic studies conducted or supported by the DHHS do not fall into any of these four categories. Instead, the research focuses on a particular condition or disease which might affect prisoners as it would anyone else in the population.
        An example of an epidemiological study that would be permitted under the proposed waiver is one in which all persons with HIV, but with none of the known risk factors for HIV, are asked to participate in a study involving an interview, review of medical records, and collection of a blood specimen. The purpose of the study is to determine other potential risk factors for HIV. All states with mandatory HIV reporting laws report these cases to the Centers for Disease Control and Prevention (CDC). Each person who meets the study definition would be asked to participate, and prisoners could well be members of the potential study group.
        The range of studies to which the proposed waiver would apply includes chronic diseases, injuries, and environmental health. This type of research uses epidemiologic methods (such as interviews and collection of biologic specimens) that entails no more than minimal risk to the subjects.
        The specific type of epidemiological research conducted by DHHS and subject to the proposed waiver involves no more than minimal risk and no more than inconvenience to the human subject participants. The proposed waiver would allow DHHS to conduct or support a type of minimal risk research that does not now fall within the categories set out in 45 CFR 46.306(a)(2).
        Periodic Review
        If implemented, a periodic review of the ways in which DHHS implements the proposed waiver would be conducted by OHRP to determine the adequacy of the waiver in meeting its intended need or if adjustments to the waiver might be necessary and appropriate.

          Dated: September 9, 2002.
          Eve E. Slater,
          Assistant Secretary for Health.
          Approved: September 26, 2002.
          Tommy G. Thompson,
          Secretary, Department of Health and Human Services.

      [FR Doc. 02-25205 Filed 10-4-02; 8:45 am]
      BILLING CODE 4150-28-P


        LIBRARY OF CONGRESS
        Copyright Office
        37 CFR Part 202
        [Docket No. 2016-03]
        Mandatory Deposit of Electronic-Only Books: Extension of Comment Period

          AGENCY:
          U.S. Copyright Office, Library of Congress.

          ACTION:
          Notice of proposed rulemaking; extension of comment period.

          SUMMARY:

          The U.S. Copyright Office is further extending the deadline for the submission of written comments in response to its April 16, 2018 notice of proposed rulemaking, regarding revisions to its regulations to finalize a 2010 interim rule regarding mandatory deposit of electronic-only works, and to make electronic-only books published in the United States subject to the mandatory deposit requirements if they are affirmatively demanded by the Office.

          DATES:
          The comment period for the notice of proposed rulemaking, published on April 16, 2018 at 83 FR 16269, is extended by an additional forty-five days. Comments must be made in writing and must be received in the U.S. Copyright Office no later than July 16, 2018.

          ADDRESSES:

          For reasons of government efficiency, the Copyright Office is using the regulations.gov system for the submission and posting of public comments in this proceeding. All comments are therefore to be submitted electronically through regulations.gov. Specific instructions for submitting comments are available on the Copyright Office website at https://www.copyright.gov/rulemaking/ebookdeposit/. If electronic submission of comments is not feasible due to lack of access to a computer and/or the internet, please contact the Office for special instructions using the contact information below.

          FOR FURTHER INFORMATION CONTACT:

          Cindy P. Abramson, Assistant General Counsel, by email at ciab@loc.gov or John R. Riley at jril@loc.gov. Both can be reached by telephone at 202-707-8350.

        SUPPLEMENTARY INFORMATION:
        On April 16, 2018, the U.S. Copyright Office issued a proposed rulemaking making revisions to its regulations to finalize a 2010 interim rule regarding mandatory deposit of electronic-only works, and to make electronic-only books published in the United States subject to the mandatory deposit requirements if they are affirmatively demanded by the Office.1
           The Office invited public comment on the notice of proposed rulemaking. To ensure that members of the public have sufficient time to respond, and to ensure that the Office has the benefit of a complete record, the Office is extending the submission deadline by an additional forty-five days. Written comments now are due no later than July 16, 2018.

            1 83 FR 16269 (April 16, 2018).

          Dated: May 11, 2018.
          Sarang V. Damle,
          General Counsel and Associate Register of Copyrights.

      [FR Doc. 2018-10421 Filed 5-15-18; 8:45 am]
       BILLING CODE 1410-30-P


        DEPARTMENT OF HOMELAND SECURITY
        48 CFR Part 3036
        [Docket No. DHS-2007-0024]
        RIN 1601-AA44
        Department of Homeland Security Acquisition Regulation; One-Step Turnkey Design-Build Contracts for United States Coast Guard (HSAR Case 2007-002)

          AGENCY:
          Department of Homeland Security.

          ACTION:
          Proposed rule with requests for comments.

          SUMMARY:
          The Department of Homeland Security (DHS) is proposing to amend the Department of Homeland Security Acquisition Regulation (HSAR) to incorporate the delegation of turnkey design-build authority from the Secretary of Homeland Security to the United States Coast Guard. The rule is necessary to implement changes resulting from section 205 of Public Law 109-241.

          DATES:
          Submit comments by August 13, 2007.

          ADDRESSES:

          You may submit comments, identified by Docket Number DHS-2007-0024, by one of the following methods:
          • Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.
          • E-mail: Kathy.Strouss@dhs.gov. Include the docket number in the subject line of the message.
          • Mail: Department of Homeland Security, Office of the Chief Procurement Officer, Acquisition Policy and Legislation, ATTN: Kathy Strouss, 245 Murray Drive, Bldg. 410 (RDS), Washington, DC 20528.

          FOR FURTHER INFORMATION CONTACT:
          Kathy Strouss, Department of Homeland Security, Office of the Chief Procurement Officer, Acquisition Policy, (202) 447-5300.

        SUPPLEMENTARY INFORMATION:

          I. Public Participation
          II. Background and Purpose
          III. Discussion of Proposed Rule
          IV. Regulatory Analyses
          A. Executive Order 12866 Assessment
          B. Regulatory Flexibility Act
          C. Unfunded Mandates Reform Act
          D. Paperwork Reduction Act
          E. Executive Order 13132: Federalism
          F. Executive Order 12630: Governmental Actions and Interference With Constitutionally Protected Property Rights
          G. Executive Order 12988: Civil Justice Reform
          H. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks
          I. Executive Order 13175:  Consultation and Coordination With Indian Tribal Governments
          J. Executive Order 13211: Energy Effects
          K. National Environmental Policy Act

        I. Public Participation
        DHS invites interested persons to participate in this rulemaking by submitting written data, views, or arguments on all aspects of the proposed rule. DHS also invites comments that relate to the economic, environmental, or federalism affects that might result from this proposed rule. Comments that will provide the most assistance to DHS in developing these procedures will reference a specific portion of the proposed rule, explain the reason for any recommended change, and include data, information, or authority that support such recommended change.

          Instructions: All submissions received must include the agency name and docket number for this rulemaking. All comments received will be posted without change to http://www.regulations.gov, including any personal information provided.

        You may submit your comments and material by one of the methods specified in the ADDRESSES section. Please submit your comments and material by only one means. If you submit them by mail, submit them in an unbound format, no larger than 8.5 by 11 inches, suitable for copying and electronic filing. If you want DHS to acknowledge receipt of comments by mail, include with your comments a self-addressed, stamped postcard that includes the docket number for this rulemaking. We will stamp the date on the postcard and mail it to you.

          Docket: For access to the docket to read background documents or comments received, go to http://www.regulations.gov.

        II. Background and Purpose

        Currently, the Federal Acquisition Regulation (FAR) provides for Two-Phase Design-Build Selection Procedures. These procedures are used when the Government determines it is appropriate to combine design and construction in a single contract with one contractor. See 48 CFR 36.3, “Two-Phase Design-Build Selection Procedures.” Since the FAR does not allow for consideration of cost or price related factors until the second phase, the Two-Phase procedures require proposal evaluation at two separate points. See 48 CFR 36.303-2(b)). The existing two-phase selection procedures, whether one solicitation for both phases or two solicitations issued sequentially, require evaluation of technical approach and technical qualifications in phase one and evaluation of technical factors (such as design concepts or proposed solutions and price) in phase two. These procedures result in substantial completion time for both interested firms and the Government.
        The proposed rule amends the HSAR to allow for one-step turnkey design-build contracting for United States Coast Guard facilities. This one-step design-build contracting method results in a single contractor for both design and construction services. The one-step turnkey selection procedures for design-build consist of a single price and technical evaluation for a single, firm fixed-price contract with one contractor. This approach, which works well for less complex facilities' construction projects requiring little design, provides for shortened procurement and execution stages when compared to the existing two-phase selection procedures.
        III. Discussion of Proposed Rule
        The proposed rule adds a new section and subpart to the HSAR at 48 CFR 3036.104-90. DHS is amending the HSAR to implement changes resulting from section 205 of Public Law 109-241 (regarding one-step turnkey selection procedures for design-build contracts of the United States Coast Guard) and to incorporate the delegation of turnkey design-build authority from the Secretary of Homeland Security to the United States Coast Guard.
        IV. Regulatory Analyses
        A. Executive Order 12866 Assessment

        This proposed rule is not a “significant regulatory action” under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. The proposed rule reduces proposal submittal requirements for Design-Build contracts through a one-step turnkey selection process and, therefore, will not result in any additional cost to the government or private sector.
        B. Regulatory Flexibility Act
        Under the Regulatory Flexibility Act (5 U.S.C. 601-612), DHS has considered whether this proposed rule would have a significant economic impact on a substantial number of small entities. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000.
        The less complex one-step turnkey selection procedures under this proposed rule would encourage small businesses to participate in the source selection process being implemented for United States Coast Guard Design-Build contracts. Therefore, the Department of Homeland Security certifies under 5 U.S.C. 605(b) that this proposed rule would not have a significant economic impact on a substantial number of small entities. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a written comment to the contact information previously identified in this proposed rule. In your comment, explain why you think it qualifies and how and to what degree this rule would economically affect it.
        C. Unfunded Mandates Reform Act
        The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble.
        D. Paperwork Reduction Act
        This proposed rule would call for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
        E. Executive Order 13132: Federalism
        A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this proposed rule under that Order and have determined that it does not have implications for federalism.
        F. Executive Order 12630:  Governmental Actions and Interference with Constitutionally Protected Property Rights
        This proposed rule would not affect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights.
        G. Executive Order 12988:  Civil Justice Reform
        This proposed rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden.
        H. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks
        We have analyzed this proposed rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children.
        I. Executive Order 13175:  Consultation and Coordination With Indian Tribal Governments
        This proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.
        J. Executive Order 13211:  Energy Effects
        We have analyzed this proposed rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a “significant energy action” under that order because it is not a “significant regulatory action” under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy.
        K. National Environmental Policy Act
        The Department of Homeland Security considered the proposed rule under Management Directive 5100.1, Environmental Planning Program, that provides DHS the implementing policy for complying with the National Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f). DHS has determined that this rulemaking would not individually or cumulatively have a significant effect on the human environment and, therefore, neither an environmental assessment nor an environmental impact statement is required. This rulemaking is among the category of actions included in Categorical Exclusion A3 for promulgation of rules of an administrative or procedural nature.

           List of Subjects in 48 CFR Part 3036
          Government procurement.

          Dated: July 10, 2007.
          Elaine C. Duke,
          Chief Procurement Officer.

        Accordingly, DHS proposes to amend 48 CFR part 3036 as follows:
        1. The authority citation for 48 CFR part 3036 continues to read as follows:

          Authority:
          41 U.S.C. 418b(a) and (b).

          PART 3036—CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
          2. Add subpart 3036.1 to read as follows:

            Subpart 3036.1 General

              3036.104
              Policy.

              3036.104-90
              Authority for one-step turn-key design-build contracting for the United States Coast Guard (USCG).
              The Head of the Contracting Activity (HCA) of the U.S. Coast Guard may use one-step turnkey selection procedures to enter into fixed-price design-build contracts in accordance with 14 U.S.C. 677.

       [FR Doc. E7-13646 Filed 7-12-07; 8:45 am]
      BILLING CODE 4410-10-P


        DEPARTMENT OF TRANSPORTATION
        Research and Special Programs Administration
        49 CFR Parts 172, 173, 174, 175, 176, 177, and 178
        [Docket No. RSPA-04-17167 (Notice No. 04-02)]
        Regulatory Flexibility Act Section 610 and Plain Language Reviews

          AGENCY:
          Research and Special Programs Administration (RSPA), DOT.

          ACTION:
          Notice of regulatory review; request for comments.

          SUMMARY:
          RSPA requests comments on the economic impact of its regulations on small entities. As required by the Regulatory Flexibility Act and as published in DOT's Semi-Annual Regulatory Agenda, we are analyzing the rules applicable to the transportation of explosives and of hazardous materials in cylinders to identify requirements that may have a significant economic impact on a substantial number of small entities. We also request comments on ways to make these regulations easier to read and understand.

          DATES:
          Comments must be received by June 1, 2004.

          ADDRESSES:

          Address written comments to the Dockets Management System, U.S. Department of Transportation, Room PL-401, 400 Seventh Street, SW., Washington, DC 20590-0001. Identify the docket number RSPA-04-17167 at the beginning of your comments and submit two copies. If you want to receive confirmation of receipt of your comments, include a self-addressed, stamped postcard. You can also submit comments by e-mail by accessing the Dockets Management System on the Internet at http://dms.dot.gov. or by fax to (202) 366-3753.

          The Dockets Management System is located on the Plaza Level of the Nassif Building at the Department of Transportation at the above address. You can review public dockets there between the hours of 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. In addition, you can review comments by accessing the Dockets Management System at http://dms.dot.gov.

          Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT”s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477) or you may visit http://dms.dot.gov.

          FOR FURTHER INFORMATION CONTACT:
          Susan Gorsky, Office of Hazardous Materials Standards, Research and Special Programs Administration, U.S. Department of Transportation, telephone (202) 366-8553; or Donna O'Berry, Office of Chief Counsel, Research and Special Programs Administration, U.S. Department of Transportation, telephone (202) 366-4400.

        SUPPLEMENTARY INFORMATION:
        I. Section 610 of the Regulatory Flexibility Act
        A. Background and Purpose
        Section 610 of the Regulatory Flexibility Act of 1980 (Pub. L. 96-354), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), requires agencies to conduct periodic reviews of rules that have a significant economic impact on a substantial number of small business entities. The purpose of the review is to determine whether such rules should be continued without change, amended, or rescinded, consistent with the objectives of applicable statutes, to minimize any significant economic impact of the rules on a substantial number of such small entities.
        B. Review Schedule
        The Department of Transportation (DOT) published its Semiannual Regulatory Agenda on December 9, 2002, listing in Appendix D (67 FR 74799) those regulations that each operating administration will review under section 610 during the next 12 months. Appendix D also contains DOT's 10-year review plan for all of its existing regulations.
        The Research and Special Programs Administration (RSPA, we) has divided its Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) into 10 groups by subject area. Each group will be reviewed once every 10 years, undergoing a two-stage process—an Analysis Year and Section 610 Review Year. For purposes of the review announced in this notice, the Analysis year began in December 2002, coincident with the Fall 2002 publication of the Semiannual Regulatory Agenda, and will conclude in the fall of 2003.
        During the Analysis Year, we will analyze each of the rules in a given year's group to determine whether any rule has a significant impact on a substantial number of small entities and, thus, requires review in accordance with section 610 of the Regulatory Flexibility Act. In each fall's Regulatory Agenda, we will publish the results of the analyses we completed during the previous year. For rules that have a negative finding, we will provide a short explanation. For parts, subparts, or other discrete sections of rules that do have a significant impact on a substantial number of small entities, we will announce that we will be conducting a formal section 610 review during the following 12 months.

        The section 610 review will determine whether a specific rule should be revised or revoked to lessen its impact on small entities. We will consider: (1) The continued need for the rule; (2) the nature of complaints or comments received from the public; (3) the complexity of the rule; (4) the extent to which the rule overlaps, duplicates, or conflicts with other federal rules or with state or local government rules; and (5) the length of time since the rule has been evaluated or the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule. At the end of the Review Year, we will publish the results of our review.
        The following table shows the 10-year analysis and review schedule:

          RSPA Section 610 Review Plan—1999-2009

            Title
            Regulation
            Analysis year

            Review year

            Incident reports
            §§ 171.15 and 171.16
            1988
            N/A

            Hazmat safety procedures
            Parts 106 and 107
            1999
            N/A

            General Information, Regulations, and Definitions
            Part 171

            Carriage by Rail and Highway
            Parts 174 and 177
            2000
            N/A

            Carriage by Vessel
            Part 176
            2001
            N/A

            Radioactive Materials
            Parts 172, 173, 174, 175, 176, 177, 178
            2002
            2003

            Explosives
            Parts 172, 173, 174, 176, 177
            2003
            2004

            Cylinders
            Parts 172, 173, 174, 176, 177, 178, 180

            Shippers—General Requirements for Shipments and Packagings
            Part 173
            2004
            2005

            Specifications for Non-bulk Packagings
            Part 178
            2005
            2006

            Training and planning grants
            Part 110

            Specifications for Bulk Packagings
            Parts 178, 179, 180
            2006
            2007

            Hazardous Materials Table, Special Provisions, Hazardous Materials Communications, Emergency Response Information, and Training Requirements
            Part 172
            2007
            2008

            Carriage by Aircraft
            Part 175

        C. Regulations Under Analysis
        During Year 6 (2003-2004), the Analysis Year, we will conduct a preliminary assessment of the rules in 49 CFR Parts 172, 173, 174, 176, 177, 178, and 180 applicable to explosives transportation and to the transportation of hazardous materials in cylinders. The review will include the following parts and subparts applicable to the transportation of explosives:

            Subpart
            Title

              Part 172

            Subpart B
            Table of Hazardous Materials and Special Provisions.

            Subpart C
            Shipping Papers.

            Subpart D
            Marking.

            Subpart E
            Labeling.

            Subpart F
            Placarding.

              Part 173

            Subpart C
            Definitions, Classification, and Packaging for Explosives.

              Part 174

            Subpart E
            Class 1 (Explosive) Materials.

              Part 176

            Subpart G
            Detailed Requirements for Class 1 (Explosive) Materials.

              Part 177

            Subpart B:
            Loading and Unloading:

            § 177.835
            Class 1 (explosive) Materials.

        The review will include the following parts and subparts applicable to the transportation of hazardous materials in cylinders:

            Subpart
            Title

              Part 172

            Subpart B
            Table of Hazardous Materials and Special Provisions.

            Subpart C
            Shipping Papers.

            Subpart D
            Marking.

            Subpart E
            Labeling.

            Subpart F
            Placarding.

              Part 173

            Subpart B:

            § 173.40
            General packaging requirements for toxic materials packaged in cylinders.

            Subpart E
            Non-bulk Packaging for Hazardous Materials Other than Class 1 and Class 7.

            Subpart G
            Gases; Preparation and Packaging.

              Part 174

            Subpart F
            Detailed Requirements for Class 2 (Gases) Materials.

              Part 176

            Subpart H
            Detailed Requirements for Class 2 (Compressed Gas) Materials.

              Part 177

            Subpart B:
            Loading and Unloading:

            § 177.840
            Class 2 (gases) Materials

            § 177.841
            Division 6.1 (poisonous) and Division 2.3 (poisonous gas) materials.

              Part 178

            Subpart C
            Specifications for Cylinders.

              Part 180

            Subpart C
            Qualification, Maintenance, and Use of Cylinders.

        We are seeking comments on whether any requirements for explosives transportation or the transportation of hazardous materials in cylinders in Parts 172, 173, 174, 176, 177, and 178 have a significant impact on a substantial number of small entities. “Small entities” include small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations under 50,000. If your business or organization is a small entity and if any of the transportation requirements applicable to the transportation of explosives or cylinders in Parts 172, 173, 174, 176, 177, and 178 has a significant economic impact on your business or organization, please submit a comment explaining how and to what degree these rules affect you, the extent of the economic impact on your business or organization, and why you believe the economic impact is significant.
        II. Plain Language
        A. Background and Purpose
        Plain language helps readers find requirements quickly and understand them easily. Examples of plain language techniques include:
        (1) Undesignated center headings to cluster related sections within subparts.
        (2) Short words, sentences, paragraphs, and sections to speed up reading and enhance understanding.
        (3) Sections as questions and answers to provide focus.
        (4) Personal pronouns to reduce passive voice and draw readers into the writing.
        (5) Tables to display complex information in a simple, easy-to-read format.
        For an example of a rule drafted in plain language, you can refer to RSPA's final rule entitled “Revised and Clarified Hazardous Materials Safety Rulemaking and Program Procedures,” which was published June 25, 2002 (67 FR 42948). This final rule revised and clarified the hazardous materials safety rulemaking and program procedures by rewriting 49 CFR Part 106 and Subpart A of Part 107 in plain language and creating a new part 105 that contains definitions and general procedures.
        B. Review Schedule
        In conjunction with our section 610 reviews, we will be performing plain language reviews of the HMR over a 10-year period on a schedule consistent with the section 610 review schedule. Thus, our review of requirements in Parts 172, 173, 174, 176, 177, and 178 applicable to the transportation of explosives and of hazardous materials in cylinders will also include a plain language review to determine if the regulations can be reorganized and/or rewritten to make them easier to read, understand, and use. We encourage interested persons to submit draft regulatory language that clearly and simply communicates regulatory requirements, and other recommendations, such as putting information in tables or consolidating regulatory requirements, that may make the regulations easier to use.

          Issued in Washington, DC on February 23, 2004 under authority delegated in 49 CFR Part 106.
          Robert A. McGuire,
          Associate Administrator for Hazardous Materials Safety Research and Special Programs Administration.

      [FR Doc. 04-4401 Filed 2-27-04; 8:45 am]
      BILLING CODE 4910-60-P


        DEPARTMENT OF DEFENSE
        Office of the Secretary
        32 CFR Part 71
        [Docket ID: DOD-2013-OS-0181]
        RIN 0790-AJ13
        Eligibility Requirements for Minor Dependents To Attend DoD Domestic Dependent Elementary and Secondary Schools (DDESS)

          AGENCY:
          Under Secretary of Defense for Personnel and Management, DoD.

          ACTION:
          Proposed rule.

          SUMMARY:
          This proposed rule updates policy and procedures for minor dependents attending schools operated by DOD pursuant to 10 U.S.C. 2164. The proposed rule outlines procedures for eligibility, application and enrollment in DOD schools and describes procedures for reimbursement of educational services. This proposed rule discusses provision for the elementary and secondary education to minor dependents of members of the armed forces and civilian employees of the Federal Government residing within the United States (including the territories, commonwealths, and possessions of the United States).

          DATES:
          Comments must be received by July 8, 2016.

          ADDRESSES:
          You may submit comments, identified by docket number and/or RIN number and title, by any of the following methods:
          • Federal Rulemaking Portal:
            http://www.regulations.gov. Follow the instructions for submitting comments.

            Mail: Department of Defense, Office of the Deputy Chief Management Officer, Directorate of Oversight and Compliance, 4800 Mark Center Drive, Mailbox #24, Alexandria, VA 22350-1700.

            Instructions: All submissions received must include the agency name and docket number or Regulatory Information Number (RIN) for this Federal Register document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at http://www.regulations.gov as they are received without change, including any personal identifiers or contact information.

          FOR FURTHER INFORMATION CONTACT:
          Marsha Jacobson, 571-372-1900.

        SUPPLEMENTARY INFORMATION:
        The Federal government has provided educational services to the dependent children of Federal employees residing on Federal military installations under various legal authorities and Federal statutes since 1820. In 1950, schools were established on military installations under section 6 of Public Law 81-874, Impact Aid Act (codified at 20 U.S.C. 241). In 1994, Congress repealed Public Law 81-874 and passed Public Law 103-337, the FY1995 National Defense Authorization Act (codified at 10 U.S.C. 2164), creating the Domestic Dependent and Elementary and Secondary Schools (DDESS). Under 10 U.S.C. 2164, the Department of Defense operates approximately 65 elementary and secondary schools on federal installations in the United States and its territories, possessions, and commonwealths.
        Since the passage of 10 U.S.C. 2164 in 1994, Congress has passed a number of minor changes to the statute's eligibility provisions in order to provide DDESS with the flexibility to meet developing real-world contingencies. While the overall student enrollment in DDESS schools has declined in recent years as a result of the reductions in the military force, the statutory changes have minimally expanded eligibility to certain categories of personnel.

        These categories of personnel include the dependents of military personnel killed in combat-related operations (i.e., fallen soldiers); the dependents of wounded and injured military personnel receiving medical care at military hospitals on installations with DDESS schools (i.e. wounded warriors); and to students enrolled in an overseas DoD school who have been required to depart the overseas location as a result of an evacuation order. Given the overall decline in student enrollment associated with the reduction of the military force, there are no additional costs associated with this rulemaking which only reflects the statutory changes to student eligibility.
        Childhood education is essential, and DoD is determined to provide primary and secondary education for dependent children of members of the armed forces and civilian employees of the Federal Government residing on military installations.
        This proposed rule updates the eligibility requirements and the policy and procedures for minor dependents attending schools operated by DOD pursuant to 10 U.S.C. 2164. The proposed rule outlines procedures for eligibility, application, and enrollment in DOD schools and describes procedures for reimbursement of educational services. The proposed rule applies to schools (prekindergarten through grade 12) operated by the Department of Defense within the United States (including the territories, commonwealths, and possessions of the United States).

        This proposed rule also describes procedures for participation of eligible dependents in the DoDEA Virtual School (i.e., DoDEA's on-line school).
        Costs and Benefits:
        The total operating costs for the DDESS schools for FY15 is $383.1M. Relative to the baseline of the Department of Defense Instruction 1342.26 where policies and responsibilities for enrollment of certain dependents in arrangements operated by or entered into by the Department of Defense pursuant to 10.U.S.C. 2164 are specified, the incremental costs associated with increasing the eligibility criteria is expected to be zero. This program is not a transfer program since the education of these dependents would not be assumed by the state governments where these military installations are located. The benefits of providing a tuition free education to certain dependents of members of the armed forces and civilian employees on military installations in the United States (including the territories, commonwealths, and possessions of the United States) remain the same.
        Regulatory Procedures
        Executive Order 12866, “Regulatory Planning and Review” and Executive Order 13563, “Improving Regulation and Regulatory Review”
        Executive Orders 13563 and 12866 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distribute impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This proposed rule has been designated a “significant regulatory action,” although not economically significant, under section 3(f) of Executive Order 12866. Accordingly, the proposed rule has been reviewed by the Office of Management and Budget (OMB) under the requirements of these Executive orders.
        Section 202, Public Law 104-4, “Unfunded Mandates Reform Act”
        Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 104-4) requires agencies assess anticipated costs and benefits before issuing any rule whose mandates require spending in any 1 year of $100 million in 1995 dollars, updated annually for inflation. In 2014, that threshold is approximately $141 million. This proposed rule will not mandate any requirements for State, local, or tribal governments, nor will it affect private sector costs.
        Public Law 96-354, “Regulatory Flexibility Act” (5 U.S.C. 601)
        The Department of Defense certifies that this proposed 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. Therefore, the Regulatory Flexibility Act, as amended, does not require us to prepare a regulatory flexibility analysis.
        Public Law 96-511, “Paperwork Reduction Act” (44 U.S.C. Chapter 35)
        Section 71.6(f) of this proposed rule contains information collection requirements. DoD has submitted the following proposal to OMB under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). Comments are invited on: (1) Whether the proposed collection of information is necessary for the proper performance of the functions of DoD, including whether the information will have practical utility; (2) the accuracy of the estimate of the burden of the proposed information collection; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) ways to minimize the burden of the information collection on respondents, including the use of automated collection techniques or other forms of information technology.

          Title: Eligibility Requirements for Minor Dependents to Attend DoD Domestic Dependent Elementary and Secondary Schools (DDESS).

          Type of Request: New.

          Number of Respondents: 23,000.

          Responses per Respondent: 1.

          Annual Responses: 23,000.

          Average Burden per Response: 15 minutes.

          Annual Burden Hours: 5.750.

          Needs and Uses: Department of Defense Instruction 1342.26 establishes policy and assigns responsibilities for enrollment of certain dependents in arrangements operated by or entered into by the Department of Defense pursuant to 10 U.S.C. 2164. Pursuant to this legislation, the Secretary of Defense is authorized to enter into arrangements to provide for the elementary and secondary education of certain members of the armed forces and civilian employees of the Federal Government residing within the United States (including the territories, commonwealths, and possessions of the United States). Authority to operate these schools or arrangements has been delegated by the Secretary of Defense to the Department of Defense Education Activity (DoDEA) Domestic Dependent Elementary and Secondary Schools (DDESS). The operating statute, 10 U.S.C. 2164, requires (1) students to be dependents of members of the armed forces or dependents of civilian employees of the Federal government residing on a military installation in the United States (including territories, commonwealths, and possessions of the United States or (2) students to be dependents of members of the armed forces or dependents of civilian employees of the Federal government residing in a territory, commonwealth, or possession of the United States but not on a military installation. In order to determine eligibility for enrollment it is necessary for the agency collect information from each sponsor to prove dependency, employment and residential status on a school year basis.

          Affected Public: Individuals or Households.

          Frequency: On Occasion.

          Respondent's Obligation: Required to Obtain or Retain Benefits.

          OMB Desk Officer: Jasmeet Seehra.

        Written comments and recommendations on the proposed information collection should be sent to Jasmeet Seehra, DoD Desk Officer, at Oira_submission@omb.eop.gov, with a copy to the Department of Defense Education Activity, 4800 Mark Center Drive, Alexandria, VA 22350. Comments can be received from 30 to 60 days after the date of this notice, but comments to OMB will be most useful if received by OMB within 30 days after the date of this notice.
        You may also submit comments, identified by docket number and title, by the following method:
        * Federal eRulemaking Portal:
          http://www.regulations.gov. Follow the instructions for submitting comments.

          Instructions: All submissions received must include the agency name, docket number and title for this Federal Register document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at http://www.regulations.gov as they are received without change, including any personal identifiers or contact information.
        To request more information on this proposed information collection or to obtain a copy of the proposal and associated collection instruments, please write to Marsha Jacobson, Department of Defense Education Activity, 4800 Mark Center Drive, Alexandria, VA 22350.
        Executive Order 13132, “Federalism”
        Executive Order 13132 establishes certain requirements that an agency must meet when it promulgates a proposed rule (and subsequent final rule) that imposes substantial direct requirement costs on State and local governments, preempts State law, or otherwise has federalism implications. This proposed rule will not have a substantial effect on State and local governments.

          List of Subjects in 32 CFR Part 71
          Aid to families with dependent children, Elementary and secondary education, Minors.

        Accordingly, 32 CFR part 71 is proposed to be added to read as follows:

          PART 71—ELIGIBILITY REQUIREMENTS FOR MINOR DEPENDENTS TO ATTEND DOD DOMESTIC DEPENDENT ELEMENTARY AND SECONDARY SCHOOLS (DDESS)

            Sec.
            71.1
            Purpose.
            71.2
            Applicability.
            71.3
            Definitions.
            71.4
            Policy.
            71.5
            Responsibilities.
            71.6
            Procedures.

            Authority:
            5 U.S.C. 2103, 10 U.S.C. 2164, 31 U.S.C. 1535.

            § 71.1
            Purpose.
            This part establishes policy assigns responsibilities for enrollment in arrangements (as defined in § 71.3) operated by or entered into by the DoD in accordance with DoD Directive 1342.20 and 10 U.S.C. 2164.

            § 71.2
            Applicability.
            This part applies to:
            (a) The Office of the Secretary of Defense, the Military Departments (including the Coast Guard at all times, including when it is a Service in the Department of Homeland Security by agreement with that Department), the Office of the Chairman of the Joint Chiefs of Staff and the Joint Staff, the Combatant Commands, the Office of the Inspector General of the Department of Defense, the Defense Agencies, the DoD Field Activities, and all other organizational entities within the DoD (referred to collectively in this part as the “DoD Components”).
            (b) Arrangements operated by or entered into by the DoD within the United States (including the territories, commonwealths, and possessions of the United States).
            (c) Dependent children of active duty military members (as defined in § 71.3) and civilian employees of the Federal Government enrolled or seeking enrollment in arrangements.
            (d) Dependent children of members of a foreign armed force assigned to and residing on a U.S. military installation enrolled or seeking enrollment in arrangements.
            (e) Dependent children of employees of the American Red Cross residing in Puerto Rico enrolled or seeking enrollment in DDESS arrangements in Puerto Rico.
            (f) Non-DoD federal agencies seeking enrollment of dependent children of full-time employees in arrangements on an agency reimbursable basis as determined by the Secretary of Defense.

            § 71.3
            Definitions.
            These terms and their definitions are for the purposes of this part.

              Active duty military member. A member of the Military Services who has been ordered to:
            (1) Active duty for at least 365 consecutive days in accordance with 10 U.S.C. 2164 or title 14, U.S.C.; or
            (2) Full-time National Guard duty for at least 365 consecutive days in accordance with title 32, U.S.C.

              Arrangement. Actions taken by the Secretary of Defense to provide education to dependent children of active duty military members and civilian employees of the Federal Government pursuant to DoD Directive 1342.20 and 10 U.S.C. 2164, through either DDESS arrangements or DDESS special arrangements.

              Combat-related operation. An operation in which members of the Military Services are or may become involved in military actions, operations, or hostilities against an enemy of the United States or against an opposing military force.

              DDESS arrangement. A school operated by the DoD pursuant to DoD Directive 1342.20 and 10 U.S.C. 2164 and provides a free public education for eligible children. This does not include the DoDEA Virtual School.

              DDESS special arrangement. An agreement made pursuant to 10 U.S.C. 2164 and DoD Directive 1342.20 between the DoD and a local educational agency where a school or a school system operated by the local educational agency provides educational services to eligible dependent children of active duty military members and full time DoD civilian employees. Arrangements result in partial or total federal funding to the education agency for the educational services provided.

              Dependent child. An unmarried child under the age of 21, who resides with the sponsor and:
            (1) Is the child of the sponsor, including an adopted child or step-child (but not after the divorce of the member from the stepchild's natural parent);
            (2) Has been placed in the sponsor's home by a local, State, or foreign government placement agency or a government-approved process, provided the sponsor produces a document from such an agency establishing the fact of relationship and the effective date of the relationship;
            (3) The sponsor has acknowledged, in writing, that the child is a full-time resident in the sponsor's household, the sponsor is providing more than one-half of the child's support, and the sponsor accepts financial and educational responsibility for the child as if the child were the sponsor's natural or legally adopted child; or
            (4) Has been placed in the custody of the sponsor by a court of competent jurisdiction in the United States and:
            (i) Is dependent on the sponsor for more than one-half of the person's support.
            (ii) Is not a dependent of any sponsor in accordance with any other part of this definition.

              DoDEA Virtual School: A virtual school operated by the Department of Defense in accordance with DoD Directive 1342.20 and 10 U.S.C. 2164 to provide a free public education for eligible dependent children using an online platform.

              Good cause. Consistent with the national interest, as approved by the Secretary of Defense. Such cause would permit the continued enrollment of a dependent child in a DDESS arrangement in situations such as when the child has only 1 year of school remaining or other such meritorious situations.

              Injured. To suffer physical harm or damage to a part of one's body. Any harm or damage that is done or sustained. A condition caused by trauma, such as fracture, wound, sprain, dislocation, concussion, or compression. Also, an injury includes conditions resulting from extremes of temperatures or prolonged exposure. Acute poisonings resulting from exposure to a toxic or poisonous substance are also classed as injuries.

              Line of duty. A finding after all available information has been reviewed that determines an injury, illness, or disease was incurred or aggravated while in an authorized duty status and was not due to gross negligence or misconduct of the member.

              Professional, excepted service employee. An excepted service employee, as defined in 5 U.S.C. 2103, who holds a valid license or certificate from governmental agency or professional body attesting to professional proficiency or knowledge (e.g., teacher, counselor, administrator, nurse, professional engineer, psychologist, media specialist, therapist) as certified by the agency.

              Sponsor. An active duty military member or civilian employee of the Federal Government seeking to enroll a dependent child in an arrangement.

            § 71.4
            Policy.
            It is DoD policy that arrangements are operated or entered into in accordance with 10 U.S.C. 2164. Enrollment is limited to eligible dependent children of active duty military members, DoD civilian employees, members of a foreign armed force, and certain employees of the American Red Cross residing in Puerto Rico, or non-DoD federal agencies seeking enrollment of dependent children of full-time employees in arrangements on an agency reimbursable basis as determined by the Secretary of Defense.

            § 71.5
            Responsibilities.
            (a) The Under Secretary of Defense for Personnel and Readiness (USD(P&R)) ensures that the DDESS program fosters optimum communication on matters relating to DoDEA eligibility requirements for DDESS within DoDEA and the Military Departments.
            (b) Under the authority, direction, and control of the USD(P&R), the Assistant Secretary of Defense for Readiness and Force Management (ASD(R&FM)) monitors compliance with this part.
            (c) Under the authority, direction, and control of the ASD(R&FM), the Director, DoD Education Activity (DoDEA):
            (1) Makes determinations of eligibility for enrollment in arrangements. Decisions by the Director, DoDEA, on requests to enroll dependents in arrangements in accordance with this part are final.
            (2) Monitors implementation and compliance with this part.
            (3) Ensures arrangements allow only those students authorized by this part to enroll in arrangements.

            § 71.6
            Procedures.
            (a) In compliance with paragraph (f) of this section, DDESS arrangements within the United States will:
            (1) Provide a tuition-free education to the dependent children of:
            (i) Active duty military members residing in permanent living quarters for any part of the school year on a military installation served by a DDESS arrangement.
            (ii) Full-time civilian DoD employees residing in permanent living quarters for any part of the school year on a military installation served by a DDESS arrangement.
            (iii) A deceased member of the Military Services who died in the line of duty in a combat-related operation. The operation must have been designated as combat-related by the Secretary of Defense and the dependent children must reside on or near a military installation served by a DDESS arrangement.
            (iv) A member of a foreign armed force residing in permanent living quarters for any part of the school year on a military installation served by a DDESS arrangement.
            (v) Active duty military members occupying temporary housing, regardless of whether the housing is on federal property, when the Secretary of Defense has determined that the circumstances justify extending the enrollment authority to include the dependents, including:
            (A) When adequate living quarters are unavailable on the military installation to which the active duty military member is assigned. Eligibility in accordance with this provision extends only to dependent children of active duty military members assigned by official orders to a military installation served by a DDESS arrangement.
            (B) While the active duty military member is wounded, ill or injured. Eligibility in accordance with this provision extends only to dependent children of active duty military members assigned by official orders to a military installation served by a DDESS arrangement.
            (vi) Active duty military members and federal employees overseas whose enrolled dependents have been evacuated and relocated within a reasonable commuting distance of an arrangement in accordance with the criteria set forth in subsection (k) of 10 U.S.C. 2164.
            (2) Provide education on an agency-reimbursable basis to dependent children of full-time civilian employees of non-DoD federal agencies residing in permanent living quarters for any part of the school year on a military installation served by a DDESS arrangement.
            (b) In compliance with paragraph (f) of this section, DDESS special arrangements within the United States will:
            (1) Provide a tuition-free education to the dependent children of:
            (i) Active duty military members residing in permanent living quarters for any part of the school year on a military installation served by a DDESS special arrangement.
            (ii) Full-time civilian DoD employees residing in permanent living quarters for any part of the school year on a military installation served by a DDESS special arrangement.
            (iii) A deceased member of the Military Services who died in the line of duty in a combat-related operation. The operation must have been designated as combat-related by the Secretary of Defense and the dependent children must reside on a military installation served by a DDESS special arrangement.
            (iv) A member of a foreign armed force residing in permanent living quarters for any part of the school year on a military installation served by a DDESS special arrangement.
            (2) Provide education on an agency reimbursable basis to dependent children of full-time civilian employees of non-DoD federal agencies residing in permanent living quarters for any part of the school year on a military installation served by a DDESS special arrangement.
            (c) In compliance with paragraph (f) of this section, DDESS arrangements within a territory, commonwealth, or possession of the United States will:
            (1) Provide a tuition-free education to dependent children of:
            (i) Active duty military members residing in permanent living quarters for any part of the school year on a military installation served by a DDESS arrangement.

            (ii) Full-time civilian DoD employees residing in permanent living quarters for any part of the school year on a military installation served by a DDESS arrangement.
            (iii) A deceased member of the Military Services who died in the line of duty in a combat-related operation. The operation must have been designed as combat-related by the Secretary of Defense and the dependent children must reside on or near a military installation served by a DDESS arrangement.
            (iv) A member of a foreign armed force residing in permanent living quarters for any part of the school year on any military installation served by a DDESS arrangement.
            (v) Active duty military members stationed or home-ported in a territory, commonwealth, or possession of the United States and not residing in permanent living quarters on a military installation. Eligibility in accordance with this provision extends only to dependent children of active duty military members assigned by official orders to a military installation served by a DDESS arrangement.
            (vi) Full-time civilian DoD employees, not residing in permanent living quarters on a military installation, who are subject by policy and practice to transfer or reassignment to a location where English is the language of instruction in the schools normally attended by dependent children of federal personnel. Dependents in this category may not be enrolled in the DDESS arrangement for more than 5 consecutive school years, unless:
            (A) The Secretary of Defense, for good cause (as defined in § 71.3), extends the period; or
            (B) Admission is granted based on eligibility in accordance with paragraph (c)(1)(vii) of this section.
            (vii) Full-time, professional, excepted service employees (as defined in § 71.3) of the DDESS arrangement not residing in permanent quarters on a military installation.
            (viii) Active duty military members, whose dependents reside on or off any military installation served by a DDESS arrangement with the dependents' designated location being in a territory, commonwealth, or possession of the United States, and who are assigned to:
            (A) A remote location;
            (B) A dependents' restricted unaccompanied tour of duty; or
            (C) Unusually arduous sea duty.
            (2) Provide education on an agency reimbursable basis to dependent children of:
            (i) Full-time civilian employees of the non-DoD federal agencies residing in permanent living quarters for any part of the school year on a military installation served by a DDESS arrangement.
            (ii) Full-time civilian employees of the United States Immigration and Customs Enforcement and the United States Customs and Border Protection residing in Puerto Rico.
            (iii) Full-time civilian employees of non-DoD federal agencies not residing in permanent living quarters on a military installation, who are subject by policy and practice to transfer or reassignment to a location where English is the language of instruction in the schools normally attended by dependent children of federal personnel, when the Secretary of Defense determines that the circumstances of such living arrangements justify extending the enrollment authority to include the dependents. Dependents in this category may not be enrolled in the DDESS arrangement for more than 5 consecutive school years, unless the Secretary of Defense extends the period for good cause.
            (iv) Full-time employees of the American Red Cross residing in Puerto Rico and performing emergency services on behalf of active duty military members.
            (d) In compliance with paragraph (f) of this section, DDESS special arrangements within a territory, commonwealth, or possession of the United States will:
            (1) Provide a tuition-free education to dependent children of:
            (i) Active duty military members residing in permanent living quarters for any part of the school year on a military installation served by a DDESS special arrangement.
            (ii) Full-time civilian DoD employees residing in permanent living quarters for any part of the school year on a military installation served by a DDESS special arrangement.
            (iii) A deceased member of the Military Services who died in the line of duty in a combat-related operation. The operation must have been designated as combat-related by the Secretary of Defense and the dependent children must live in an area served by a DDESS special arrangement.
            (iv) A member of a foreign armed force residing in permanent living quarters for any part of the school year on any military installation served by a DDESS special arrangement.
            (v) Active duty military members stationed or home-ported in a territory, commonwealth, or possession of the United States and not residing in permanent living quarters on a military installation. Eligibility in accordance with this provision extends only to dependent children of active duty military members assigned by official orders to an area served by a DDESS special arrangement.
            (vi) Full-time civilian DoD employees, not residing in permanent living quarters on a military installation but residing in an area served by a DDESS special arrangement, who are subject by policy and practice to transfer or reassignment to a location where English is the language of instruction in the schools normally attended by dependent children of federal personnel. Dependents in this category may not be enrolled in the DDESS special arrangement for more than 5 consecutive school years, unless the Secretary of Defense, for good cause, extends the period.
            (vii) Active duty military members, whose dependents' reside in the area served by a DDESS special arrangement, with the dependents' designated location being in a territory, commonwealth, or possession of the United States who are assigned to:
            (A) A remote location,
            (B) A dependents' restricted unaccompanied tour of duty, or
            (C) Unusually arduous sea duty.
            (2) Provide education on an agency-reimbursable basis to dependent children of:
            (i) Full-time civilian employees of non-DoD federal agencies residing in permanent living quarters for any part of the school year on any military installation served by a DDESS special arrangement.
            (ii) Full-time civilian employees of the United States Immigration and Customs Enforcement and the United States Customs and Border Protection residing in Puerto Rico.
            (e) In compliance with paragraph (f) of this section, the DoDEA Virtual School shall:
            (1) Provide a tuition-free education to eligible dependent children currently enrolled in DDESS arrangements in accordance with paragraphs (a) and (c) of this section.
            (2) Provide coursework on a tuition paying basis to dependent children of members of the Military Services on active duty who:
            (i) Are enrolled in an elementary or secondary school operated by a local education agency (LEA) or other accredited educational program in the United States, and
            (ii) Who immediately prior to such enrollment, were enrolled in an elementary or secondary school operated by the Department of Defense Dependents School (DoDDS).
            (f) Procedures for application and enrollment:

            (1) Application for enrollment will be made to the arrangement to which admission is sought. The active duty military member or civilian employee sponsoring the dependent child(ren) must provide proof of status upon which the requested admission is based. DDESS reserves the right to request additional information, should it be deemed necessary to make a determination of eligibility.
            (2) Eligibility based on residency on a military installation may be established by:
            (i) Actual residence in permanent quarters on a military installation served by an arrangement; or
            (ii) Written affirmation provided by the installation family housing manager that the sponsor has applied for and will be able to occupy permanent quarters on the military installation within 90 school days (or 180 school days if an exception for the installation has been approved by the Secretary of Defense) after the sponsor reports to the new duty station. Enrollment occurring pursuant to this paragraph obligates the sponsor to accept permanent quarters on the military installation when available and offered or the dependent child's eligibility to attend the arrangement terminates.
            (3) Eligibility for dependent children of full-time employees of the Federal Government, will be established in accordance with these provisions:
            (i) The sponsor seeking enrollment will provide proof of full-time employment with the Federal Government, or the agency employing the civilian sponsor will provide a written statement confirming the sponsor's position meets the eligibility requirements.
            (ii) The written statement must be signed by the agency's Director of Personnel or principal administrative officer at its main headquarters.
            (iii) Federal government employees residing in a territory, commonwealth, or possession of the United States seeking to continue the enrollment of their dependent(s) in a DDESS arrangement for more than 5 consecutive years pursuant to paragraph (a)(1)(v)(C), (c)(2)(iii), or (d)(1)(vi) of this section must submit a request for an exception to policy. The request must be made in writing and submitted through the employee's agency to the Director, DDESS, for consideration. The request must be received by the Director, DDESS before the start of the school year for which the exception is requested and must provide information showing that in the interest of the dependent's educational well-being, good cause exists for granting the exception. Reimbursement shall be obtained when required 10 U.S.C. 2164 (c)(2)(B).
            (4) The sponsor seeking enrollment of a dependent child in the DoDEA Virtual School under paragraph (e)(2) of this section shall provide proof that:
            (i) The dependent is currently enrolled in an elementary or secondary school operated by an LEA or other accredited educational program in the United States;
            (ii) Immediately prior to enrollment in the LEA or other accredited educational program, the dependent was enrolled in an elementary or secondary school operated by DoDDS;
            (iii) The LEA or other accredited educational program does not offer the requested coursework or extenuating circumstances exist to justify enrolling the dependent in the DoDEA Virtual School; and
            (iv) The course(s) through the DoDEA Virtual School are taken for credit, or extenuating circumstances exist to justify enrolling the dependent in the DoDEA Virtual School.
            (g) The Secretary of Defense may permit a currently enrolled student to continue:
            (1) For the remainder of the year, if the status of the sponsor of a currently enrolled student changes so that the dependent child would no longer be eligible for enrollment in an arrangement.
            (2) Beyond the current school year in a DDESS arrangement notwithstanding a change in the status of the sponsor which would otherwise terminate eligibility for good cause. Requests for continuation of enrollment, beyond the end of the school year, for good cause, must be in writing and submitted to the Director, DDESS. A good cause authorization for continued enrollment will cover only one school year at a time.
            (h) Procedures for reimbursement of educational services:
            (1) All non-DoD federal agencies whose employees enroll a dependent in an arrangement pursuant to 10 U.S.C. 2164 will reimburse the DoD for the cost of educational services provided on a school year basis.
            (2) The non-DoD federal agency will certify school-aged dependents for their employees no later than May 1st each year for the following school year.
            (3) DoDEA resource management (RM) will publish the ensuing school year's educational services tuition rates on or before May 31st each year.
            (4) Each June, upon receipt of an official list of eligible employees and their school-aged dependents from the DDESS arrangement, DDESS RM will send each agency a tuition reimbursement notification letter for the entire upcoming school year. Tuition reimbursement payments from the agencies will be due by August of that school year for the first grading period and due by October for the remaining grading periods. These educational services are considered severable and subject to the provisions of 31 U.S.C. 1535, also known and referred to in this part as the “Economy Act”.
            (5) At the beginning of each fiscal year, DoDEA RM allocates a portion of the agency's annual tuition reimbursement authority to DDESS, which grants explicit permission to collect and retain tuition reimbursements that directly offset agency operating expenses for providing educational services.
            (6) Federally funded agencies are required to establish an interagency agreement with DDESS. This agreement serves as the authority for the Defense Finance and Accounting Service (DFAS) to centrally bill or transfer funds between the ordering agency and the provider of educational services based on DDESS tuition collection billings and refunds. DFAS will process reimbursable payment transactions via the Intra-Governmental Payment and Collection system.
            (i) Procedures for payment of tuition for educational services provided by DoDEA Virtual School
            (1) All members of the Military Services on active duty seeking to enroll dependents in the DoDEA Virtual School pursuant to paragraph (e)(2) of this section will pay tuition to the Department of Defense for the cost of the educational services provided.
            (2) Tuition is based on the average market rate for virtual courses offered to the public in the U.S.
            (3) DoDEA RM will publish the ensuing school year's educational services tuition rates on or before May 31st of each year.
            (4) Tuition must be paid prior to enrollment.
            (5) Tuition payments are reimbursable up to three weeks after enrollment in the DoDEA Virtual School on a pro-rated basis.

            Dated: May 4, 2016.
            Aaron Siegel,
            Alternate OSD Federal Register Liaison Officer, Department of Defense.

      [FR Doc. 2016-10821 Filed 5-6-16; 8:45 am]
       BILLING CODE 5001-06-P