[Federal Register Volume 78, Number 69 (Wednesday, April 10, 2013)]
[Rules and Regulations]
[Pages 21256-21257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-03420]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 226

[DOD-2012-OS-0041]
RIN 0790-AI88


Shelter for the Homeless

AGENCY: Office of the Under Secretary of Defense for Acquisition, 
Technology, and Logistics, DoD.

ACTION: Direct final rule with request for comments.

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SUMMARY: The Department of Defense is updating current policies and 
procedures for the Defense Shelter for the Homeless Program. This 
direct final rule makes nonsubstantive changes to the existing rule for 
this program. The amendments correct the authority citation throughout 
the text, update organizational titles, and move procedures from the 
policy section into a separate procedures section. This rule is being 
published as a direct final rule as the Department of Defense does not 
expect to receive any adverse comments, and so a proposed rule is 
unnecessary.

DATES: The rule is effective on June 19, 2013 unless comments are 
received that would result in a contrary determination. Comments will 
be accepted on or before June 10, 2013.

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: Federal Docket Management System Office, 4800 Mark 
Center Drive, East Tower, Suite 02G09, Alexandria, VA 22350-3100.
    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: Mr. Randy Wagner, 703-571-9081.

SUPPLEMENTARY INFORMATION:

Direct Final Rule and Significant Adverse Comments

    DoD has determined this rulemaking meets the criteria for a direct 
final rule because it involves nonsubstantive changes dealing with 
DoD's management of its Shelter for the Homeless Program. DoD expects 
no opposition to the changes and no significant adverse comments. 
However, if DoD receives a significant adverse comment, the Department 
will withdraw this direct final rule with publication in the Federal 
Register. A significant adverse comment is one that explains: (1) Why 
the direct final rule is inappropriate, including challenges to the 
rule's underlying premise or approach; or (2) why the direct final rule 
will be ineffective or unacceptable without a change. In determining 
whether a comment necessitates withdrawal of this direct final rule, 
DoD will consider whether it warrants a substantive response in a 
notice and comment process.

Executive Summary

I. Purpose of the Regulatory Action

    a. The Department of Defense is updating current policies and

[[Page 21257]]

procedures for the Defense Shelter for the Homeless Program.
    b. 10 U.S.C. 2556.

II. Summary of the Major Provisions of the Regulatory Action in 
Question

    The amendments correct the authority citation throughout the text, 
update organizational titles, and move procedures from the policy 
section into a separate procedures section.

III. Costs and Benefits

    There is no cost to the public. The costs to the Department of 
Defense for implementation of the authorities under this rule will 
include the administrative costs to process a request and the cost of 
the services provided incident to the furnishing of a shelter. The 
benefit is that homeless individuals will have shelter.

Regulatory Procedures

Executive Order 12866, ``Regulatory Planning and Review'' and Executive 
Order 13563, ``Improving Regulation and Regulatory Review''

    It has been certified that 32 CFR part 226 does not:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy; a 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 
these Executive Orders.

Sec. 202, Public Law 104-4, ``Unfunded Mandates Reform Act''

    It has been certified that 32 CFR part 226 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)

    It has been certified that 32 CFR part 226 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.

Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)

    It has been certified that this amendment rule for 32 CFR part 226 
does not impose additional reporting or recordkeeping requirements 
under the Paperwork Reduction Act of 1995.

Executive Order 13132, ``Federalism''

    It has been certified that this rule 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 226

    Armed forces, Federal buildings and facilities, Homeless, 
Intergovernmental relations.

    Accordingly, 32 CFR part 226 is amended as follows.

PART 226--AMENDED

0
1. The authority citation for part 226 is revised to read as follows:

    Authority: 10 U.S.C. 2556


0
2. Section 226.1 is revised to read as follows:


Sec.  226.1  Purpose.

    This part implements 10 U.S.C. 2556 by establishing DoD policy, 
assigning responsibilities, and prescribing procedures for providing 
shelter for the homeless on military installations.


Sec.  226.5  [Removed]


0
3. Remove Sec.  226.5.


Sec. Sec.  226.3 and 226.4  [Redesignated as Sec. Sec.  226.4 and 
226.5]


0
4. Redesignate Sec. Sec.  226.3 and 226.4 as Sec. Sec.  226.4 and 226.5 
respectively.
0
5. Newly redesignated 226.4 is amended:
0
a. By revising the section heading;
0
b. By adding introductory text;
0
c. By revising paragraph (a);
0
d. In paragraph (b) by revising ``10 U.S.C. 2546'' to read ``10 U.S.C. 
2556'';
0
e. In paragraph (c) by removing from the second sentence ``under the 
Shelter for the Homeless Program'' and adding in its place ``by this 
program'' and adding a third sentence;
0
f. In paragraph (d) introductory text by revising ``10 U.S.C. 2546'' to 
read ``10 U.S.C. 2556''; and
0
g. In paragraph (d)(6) by revising ``10 U.S.C. 2546'' to read ``10 
U.S.C. 2556'' and removing ``and this part'' from the end of the 
paragraph.
    The revisions and addition read as follows:


Sec.  226.4  Procedures.

    It is DoD policy that:
    (a) Shelters for the homeless may be established on military 
installations.
* * * * *
    (c) * * * Shelter and incidental services provided under this part 
may be provided without reimbursement.
* * * * *

0
6. Amend newly redesignated Sec.  226.5:
0
a. By revising paragraph (a);
0
b. In paragraph (b) by revising ``Assistance Secretary'' to read 
``Under Secretary'';
0
c. By revising paragraph (c)(2);
0
d. In paragraph (c)(4) by removing ``Shelter for the Homeless'' and 
revising ``10 U.S.C. 2546 and this part'' to read ``10 U.S.C. 2556''; 
and
0
e. In paragraph (d)(3) by revising ``DASD(I)'' to read ``DUSD(I&E).''
    The revisions read as follows:


Sec.  226.5  Responsibilities.

    (a) The Deputy Under Secretary of Defense (Installations and 
Environment) (DUSD(I&E)), under the authority, direction and control of 
the Under Secretary of Defense for Acquisition, Technology, and 
Logistics, shall administer the program and issue such supplemental 
guidance as is necessary.
* * * * *
    (c) * * *
    (2) Appoint a senior manager to monitor the program within the 
Department and to provide any assistance that may be required to the 
Office of the Deputy Under Secretary of Defense (Installations and 
Environment) (ODUSD(I&E)). Such official, after consultation with the 
ODUSD(I&E), shall approve or disapprove all requests to establish a 
shelter in accordance with 10 U.S.C. 2556 and this part.
* * * * *

    Dated: February 1, 2013.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2013-03420 Filed 4-9-13; 8:45 am]
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