/Vol. 78, No. 71/Friday, April 12, 2013/Rules and Regulations
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or loan programs, or the rights andobligations of recipients thereof; or(4) Raise novel legal or policy issuesarising out of legal mandates, thePresident’s priorities, or the principlesset forth in these Executive Orders.
Sec. 202, Pub. L. 104–4, ‘‘Unfunded Mandates Reform Act’’
It has been certified that 32 CFR part182 does not contain a Federal mandatethat may result in the expenditure byState, local, and Tribal governments, inaggregate, or by the private sector, of $100 million or more in any 1 year.
Public Law 96–354, ‘‘Regulatory Flexibility Act’’ (5 U.S.C. 601)
It has been certified that 32 CFR part182 is not subject to the RegulatoryFlexibility Act (5 U.S.C. 601) because itwould not, if promulgated, have asignificant economic impact on asubstantial number of small entities.This rule establishes procedures andassigns responsibilities within DoD forassisting civilian law enforcementagencies, therefore, it is not expectedthat small entities will be affected because there will be no economicallysignificant regulatory requirementsplaced upon them.
Public Law 96–511, ‘‘Paperwork Reduction Act’’ (44 U.S.C. Chapter 35)
It has been certified that 32 CFR part182 does not impose reporting orrecordkeeping requirements under thePaperwork Reduction Act of 1995.
Executive Order 13132, ‘‘Federalism’’
It has been certified that 32 CFR part182 does not have federalismimplications, as set forth in ExecutiveOrder 13132. This rule does not havesubstantial direct effects on:(1) The States;(2) The relationship between thenational government and the States; or(3) The distribution of power andresponsibilities among the variouslevels of Government.
List of Subjects in 32 CFR Part 182
Armed forces, Law enforcement.Accordingly, 32 CFR part 182 isadded to read as follows:
PART 182—DEFENSE SUPPORT OFCIVILIAN LAW ENFORCEMENTAGENCIES
Sec.182.1Purpose.182.2Applicability and scope.182.3Definitions.182.4Policy.182.5Responsibilities.182.6Procedures.
10 U.S.C. 113, 331–334, 371–382, 2576, and 2667; 14 U.S.C. 141; 16 U.S.C.23, 78, 593, and 1861; 18 U.S.C. 112, 351,831, 1116, 1385, and 1751; 22 U.S.C. 408,461–462; 25 U.S.C.180; 31 U.S.C. 1535; 42U.S.C. 97, 1989, and 5121–5207; 50 U.S.C.1621–1622; and Public Law 94–524.
This part:(a) Establishes DoD policy, assignsresponsibilities, and providesprocedures for DoD support to Federal,State, Tribal, and local civilian lawenforcement agencies, includingresponses to civil disturbances withinthe United States, including the Districtof Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands,Guam, American Samoa, theCommonwealth of the Northern MarianaIslands, and any territory or possessionof the United States or any otherpolitical subdivision thereof inaccordance with 32 CFR part 185.(b) Prescribes the regulations required by 10 U.S.C. 375.
§182.2Applicability and scope.
This part:(a) Applies to the Office of theSecretary of Defense (OSD), the MilitaryDepartments, the Office of the Chairmanof the Joint Chiefs of Staff and the JointStaff, the Combatant Commands, theDefense Agencies, the DoD FieldActivities, and all other organizationalentities within the Department of Defense (hereafter referred tocollectively as the ‘‘DoD Components’’).(b) Applies to the Office of theInspector General of the Department of Defense (IG, DoD) only to the extent thatthis part does not conflict with any of the duties and responsibilities assignedto the IG, DoD pursuant to section 8(g)of Appendix, title 5, U.S.C. (also knownas ‘‘The Inspector General Act of 1978,as amended’’).(c) Governs all DoD Componentplanning for and participation inDefense support of civilian lawenforcement activities, includingdomestic emergencies and civildisturbance operations (CDO) (formerlyreferred to as ‘‘military assistance forcivil disturbances’’).(d) Applies to National Guard (NG)personnel only in title 10, U.S.C., statusonly.(e) Applies to civilian employees of the DoD Components and the activitiesof DoD contractors performed in supportof the DoD Components.(f) Does not apply to:(1) Counternarcotics activities.(2) Assistance to foreign lawenforcement officials.(3) The Defense Intelligence andCounterintelligence Components, exceptwhen providing assistance to civilianlaw enforcement activities inaccordance with paragraph 2.6. of Executive Order 12333 and Procedure12 of DoD 5240.1–R.
(4) Requests for sensitive support,which are governed by DoD Directive S–5210.36.
(5) NG personnel in State active dutyor title 32, U.S.C., status.(6) Maritime Homeland SecurityOperations, defined as time-criticalrequests by the United States CoastGuard for short duration (less than 48hours) DoD support in countering animmediate maritime security threat, thatare governed by the DoD-Department of Homeland Security Memorandum of Agreement for Department of DefenseSupport to the United States CoastGuard for Maritime Homeland Security.(7) Aircraft piracy operationsconducted pursuant to title 10, U.S.C.
The following definitions apply tothis part:
Those elected andappointed officers and employees whoconstitute the government of the UnitedStates, the governments of the 50 States,the District of Columbia, theCommonwealth of Puerto Rico, U.S.possessions and territories, and politicalsubdivisions thereof.
Group acts of violence and disorder prejudicial topublic law and order.
Civilian law enforcement official.
Anofficer or employee of a civilian Federal,State, local, and tribal law enforcementagency with responsibility forenforcement of the laws within thejurisdiction of that agency.
Federal militaryofficers and enlisted personnel andcivilian employees of the Department of Defense.
Emergenciesaffecting the public welfare andoccurring within the 50 states, Districtof Columbia, Commonwealth of PuertoRico, U.S. possessions and territories, orany political subdivision thereof, as aresult of enemy attack, insurrection,civil disturbance, earthquake, fire, flood,or other public disasters or equivalentemergencies that endanger life andproperty or disrupt the usual process of government. Domestic emergenciesinclude civil defense emergencies, civildisturbances, major disasters, andnatural disasters.
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