80_FR_9705 80 FR 9669 - National Language Service Corps (NLSC)

80 FR 9669 - National Language Service Corps (NLSC)

DEPARTMENT OF DEFENSE
Office of the Secretary

Federal Register Volume 80, Issue 36 (February 24, 2015)

Page Range9669-9673
FR Document2015-03567

This rule establishes in the Code of Federal Regulations the National Language Services Corps (NLSC) by describing the program and its responsibilities per the January 2013 National Defense Authorization Act which authorized the Secretary of Defense to establish the NLSC as a permanent organization. The NLSC responds to federal agencies' needs for language skills in emergencies or surge requirements. Once a federal agency identifies a need, NLSC members are advised of the potential assignment. If an individual is interested and available, they go through a screening and selection process as discussed in the rule. The decision to use NLSC rests with the requesting agency and support agreements must be established before work can begin.

Federal Register, Volume 80 Issue 36 (Tuesday, February 24, 2015)
[Federal Register Volume 80, Number 36 (Tuesday, February 24, 2015)]
[Proposed Rules]
[Pages 9669-9673]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-03567]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 251

[Docket ID: DOD-2014-OS-0058]
RIN 0790-AJ28


National Language Service Corps (NLSC)

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

ACTION: Proposed rule.

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SUMMARY: This rule establishes in the Code of Federal Regulations the 
National Language Services Corps (NLSC) by describing the program and 
its responsibilities per the January 2013 National Defense 
Authorization Act which authorized the Secretary of Defense to 
establish the NLSC as a

[[Page 9670]]

permanent organization. The NLSC responds to federal agencies' needs 
for language skills in emergencies or surge requirements. Once a 
federal agency identifies a need, NLSC members are advised of the 
potential assignment. If an individual is interested and available, 
they go through a screening and selection process as discussed in the 
rule. The decision to use NLSC rests with the requesting agency and 
support agreements must be established before work can begin.

DATES: Comments must be received by April 27, 2015.

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: John Demboski, 571-256-0654.

SUPPLEMENTARY INFORMATION: 

Executive Summary

I. Purpose of the Regulatory Action

    a. Purpose. NLSC may support DoD or other U.S. departments or 
agencies, in need of foreign language services, with requirements of 
less than 1 year. The NLSC will provide capable, federally-hired 
individuals to rapidly respond to critical national needs and assist 
DoD and other U.S. departments and agencies with surge or emergency 
requirements.
    b. Succinct statement of legal authority for the regulatory action.
    Authority: Applicable authorities include: 5 U.S.C. 3109 which 
authorizes the employment of experts and consultants on a temporary or 
intermittent basis; 18 U.S.C. 202 which defines ``special Government 
employee;'' 31 U.S.C. 1535 which authorizes the head of an agency or 
major organizational unit within an agency to place an order with a 
major organizational unit within the same agency or another agency for 
services; 50 U.S.C. 1913 which authorized the Secretary of Defense to 
establish and maintain the National Language Service Corps.

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

    The major provisions of this regulatory action include:
    a. Outlining NLSC membership criteria, member recruitment, 
appointment, and activation.
    b. Describing eligibility requirements for federal employees to 
participate in NLSC.

III. Costs and Benefits

    The Department of Defense and other federal departments and 
agencies have benefited from NLSC support utilizing high-level language 
skills of members not otherwise available to meet their organizations' 
short-term, immediate needs. The NLSC has established a means to access 
and maintain contact with citizens who are highly skilled in foreign 
languages. Since initial efforts in fiscal year 2007, the average 
annual cost to build, pilot and fully operationalize the NLSC has been 
$6.3 million. Current membership includes more than 5,000 members with 
skills in 315 foreign languages and dialects ready to serve national 
needs when called upon. Members hired to support missions have included 
the self-employed, retirees or students just entering the workforce, 
who proudly want to serve their nation. NLSC provides an opportunity to 
earn wages using their high-level language skills. As of June 2014, 
NLSC members have provided more than 28,000 hours of highly skilled 
foreign language support to 34 federal agencies and departments and 
their components.

SUPPLEMENTARY INFORMATION: 

Background

    In 2003, Congress tasked the Defense Language and National Security 
Education Office (DLNSEO), then known as the National Security 
Education Program (NSEP), with exploring the feasibility of 
establishing an organization of Americans with skills in critical 
languages that would serve in times of emergency or national need. NSEP 
prepared a feasibility study and follow-up planning that led to 
Congressional action in 2006. In the 2007 National Defense 
Authorization Act, the U.S. Congress included language directing the 
Secretary of Defense to initiate a pilot program that established a 
Civilian Linguist Reserve Corps. The government has since renamed that 
organization as the NLSC.
    In January 2013, President Barack Obama signed the National Defense 
Authorization Act which authorized the Secretary of Defense to 
establish the NLSC as a permanent organization. The NLSC operates under 
this authority with DLNSEO as its parent agency. DLNSEO provides 
strategic direction and programmatic oversight to the Military 
Departments, Defense field activities and the Combatant Commands on 
present and future requirements related to language, regional 
expertise, and culture.
    The NLSC does not offer permanent full-time or part-time jobs. The 
NLSC responds to federal agencies' needs for language skills in 
emergencies or surge requirements. For this reason, the NLSC does not 
maintain any postings or offer any job location services. Once a 
federal agency identifies a need, NLSC members are advised of the 
potential assignment. If an individual is interested and available, 
they go through a screening and selection process as discussed in this 
rule. The decision to use NLSC rests with the requesting agency and 
support agreements must be established before support can begin.
    The NLSC's charter is to provide short-term surge capability or to 
fill short term recurrent support that other existing capabilities 
cannot reasonably fill. Members have filled requirements that range 
from 15 minutes on the phone to 60 days in the field. If needed/
desired, it is possible for members to provide recurrent, short term 
support, such as for periodic exercises for up to approximately six 
months (130 work days or 1,040 hours, whichever comes first) in the 
member's service year.
    The NLSC uses the Federal Interagency Language Roundtable 
Proficiency Guidelines (http://govtilr.org/Skills/ILRscale1.htm) (the 
``ILR Scale'') in speaking, reading, and listening as a basis for 
determining eligibility for Membership. The NLSC's goal is 3/3/3 
proficiency (speaking/reading/listening) in at least one foreign 
language and in English.
    Initial non-English language proficiency is assessed by asking all 
NLSC applicants to complete a series of self-assessments to provide an 
indication of where they fall on the ILR scale. Members of the NLSC 
will normally undergo formal proficiency testing to verify the self-
assessments prior to participating in an assignment. Several factors 
may require formal proficiency testing, including the need for the NLSC 
and requesting agencies to

[[Page 9671]]

have formally-tested members available for assignments.
    Initial English language assessment will not normally be conducted 
for applicants who graduated from an accredited high school and spent 
at least three years in the US while attending high school. If an 
individual did not do so, he or she may be asked to undergo the same 
self-assessment process as for non-English language skills. Finally, a 
number of members may be asked to undergo formal proficiency testing in 
English.

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 rule has been designated a ``significant regulatory 
action,'' although not economically significant, under section 3(f) of 
Executive Order 12866. Accordingly, the rule has been reviewed by the 
Office of Management and Budget (OMB).

Sec. 202, Pub. L. 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 document 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 251.6(c)(1)-(c)(3) of this proposed rule contain 
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: (a) 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; (b) the accuracy of the estimate of the burden of 
the proposed information collection; (c) ways to enhance the quality, 
utility, and clarity of the information to be collected; and (d) ways 
to minimize the burden of the information collection on respondents, 
including the use of automated collection techniques or other forms of 
information technology.
    Type of Request: Reinstatement.

Existing OMB Control Number: 0704-0449, ``National Language Service 
Corps.''

    Title: DD Form 2932, ``National Language Service Corps 
Application''
    Number of Respondents: 1,500.
    Responses per Respondent: 1.
    Annual Responses: 1,500.
    Average Burden per Response: 18 minutes.
    Annual Burden Hours: 450 hours.
    Needs and Uses: Verification and mission-related use.
    Title: DD Form 2933, ``National Language Service Corps (NLSC) 
Detailed Skills Self-Assessment''
    Number of Respondents: 1,000.
    Responses per Respondent: 1.
    Annual Responses: 1,000.
    Average Burden per Response: 18 minutes.
    Annual Burden Hours: 300 hours.
    Needs and Uses: Verification and mission-related use.
    Title: DD Form 2934, ``National Language Service Corps (NLSC) 
Global Skills Self-Assessment''
    Number of Respondents: 1,000.
    Responses per Respondent: 1.
    Annual Responses: 1,000.
    Average Burden per Response: 18 minutes.
    Annual Burden Hours: 300 hours.
    Needs and Uses: Verification and mission-related use.
    Title: Phone call to review responses on forms
    Total annual respondents: 1,000.
    Frequency of response: 1.
    Total annual responses: 1,000.
    Burden per response: 10 minutes.
    Total burden hours: 167 hours.
    Needs and Uses: Verification and mission-related use.
    OMB Desk Officer: Jasmeet Seehra.
    Written comments and recommendations on the proposed information 
collection should be sent to Ms. Jasmeet Seehra at the Office of 
Management and Budget, Desk Officer for DoD, Room 10236, New Executive 
Office Building, Washington, DC 20503, with a copy to the National 
Language Service Corps, P.O. Box 12221, Arlington, VA 22219. 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 John Demboski, National Language Service 
Corps, P.O. Box 12221, Arlington, VA 22219; phone number (703) 588-
0868.

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 251

    Foreign languages, Manpower training programs.

    Accordingly 32 CFR part 251 is proposed to be added to read as 
follows:

PART 251--NATIONAL LANGUAGE SERVICE CORPS (NLSC)

Sec.

[[Page 9672]]

251.1 Purpose.
251.2 Applicability.
251.3 Definitions.
251.4 Policy.
251.5 Responsibilities.
251.6 Procedures.

    Authority: 5 U.S.C. 3109, 18 U.S.C. 202, 31 U.S.C. 1535, 50 
U.S.C. 1913.


Sec.  251.1  Purpose.

    This part:
    (a) Implements the responsibilities of the Secretary of Defense in 
50 U.S.C. 1913 by establishing the NLSC program.
    (b) Establishes policy, assigns responsibilities, and provides 
procedures for the management of the NLSC program.
    (c) Assigns responsibility to the National Security Education Board 
(NSEB) to oversee and coordinate the activities of the NLSC (as 
provided and determined by the Secretary of Defense pursuant to 50 
U.S.C. 1903 and 1913 with policy and funding oversight provided by the 
Under Secretary of Defense for Personnel and Readiness (USD(P&R)) in 
accordance with DoD Directive 5124.02, ``Under Secretary of Defense for 
Personnel and Readiness (USD(P&R))'' (available at http://www.dtic.mil/whs/directives/corres/pdf/512402p.pdf).


Sec.  251.2  Applicability.

    This part applies to Office of the Secretary of Defense, the 
Military Departments, the Office of the Chairman of the Joint Chiefs of 
Staff and the Joint Staff, the Combatant Commands, the Office of the 
Inspector General of the Department of Defense, the Defense Agencies, 
the DoD Field Activities, and all other organizational entities in the 
DoD (referred to collectively in this part as ``the DoD Components'') 
and Federal agencies.


Sec.  251.3  Definitions.

    Unless otherwise noted, these terms and their definitions are for 
the purposes of this part.
    Consultant. Defined in 5 CFR part 304.
    Excepted service. Appointments in the excepted service are civil 
service appointments within the Federal Government that do not confer 
competitive status and are excepted from competitive service by or 
pursuant to statute, by the President, or by the Office of Personnel 
Management, and which are not in Senior Executive Service.
    Foreign language. Any language other than English.
    Language proficiency. The U.S. Government relies on the Interagency 
Language Roundtable (ILR) scale to determine language proficiency. 
According to the ILR scale:
    (1) 0 is No Proficiency.
    (2) 0+ is Memorized Proficiency.
    (3) 1 is Elementary Proficiency.
    (4) 1+ is Elementary Proficiency, Plus.
    (5) 2 is Limited Working Proficiency.
    (6) 2+ is Limited Working Proficiency, Plus.
    (7) 3 is General Professional Proficiency.
    (8) 3+ is General Professional Proficiency, Plus.
    (9) 4 is Advanced Professional Proficiency.
    (10) 4+ is Advanced Professional Proficiency, Plus.
    (11) 5 is Functional Native Proficiency.
    Special government employee (SGE). Defined in 18 U.S.C. 202.


Sec.  251.4  Policy.

    It is DoD policy that:
    (a) The NLSC provides DoD, or other U.S. departments or agencies, 
with U.S. citizens with high levels of foreign language proficiency for 
short-term temporary assignments providing foreign language services.
    (b) The NLSC is authorized to employ U.S. citizens as language 
consultants pursuant to 50 U.S.C. 1913, 5 U.S.C. 3109, and 5 CFR part 
304.
    (c) The NLSC is exempt from DoD Instruction 5160.71, ``DoD Language 
Testing Program'' (available at http://www.dtic.mil/whs/directives/corres/pdf/516071_2009_ch1.pdf), such that the NLSC may use tests of 
the Defense Language Proficiency Testing System or may use and develop 
other tests to assess language proficiency for the purpose of employing 
NLSC members as language consultants.
    (d) The NLSC will be available to support DoD or other U.S. 
departments or agencies pursuant to 50 U.S.C. 1913.
    (e) The NLSC will:
    (1) Collect personally identifiable information pursuant to 50 
U.S.C. 1913 from individuals interested in applying for NLSC 
membership.
    (2) Comply with DoD Instruction 8910.01, ``Information Collection 
and Reporting'' (available at http://www.dtic.mil/whs/directives/corres/pdf/891001p.pdf), Volume 2 of DoD Manual 8910.01, ``DoD 
Information Collections Manual: Procedures for DoD Public Information 
Collections'' (available at http://www.dtic.mil/whs/directives/corres/pdf/891001m_vol2.pdf), and 32 CFR part 310.
    (f) Qualified and available members with requested language skills 
hired in accordance with 5 U.S.C. 3109 and 5 CFR part 304 and 
Administrative Instruction 2, ``Employment of Experts and Consultants'' 
(available at http://www.dtic.mil/whs/directives/corres/pdf/ai002p.pdf) 
will be temporarily assigned to government agencies pursuant to 
reimbursable agreements described in 31 U.S.C. 1535.


Sec.  251.5  Responsibilities.

    (a) The USD(P&R):
    (1) Provides overall policy guidance for carrying out the 
responsibilities and duties of the Secretary of Defense in accordance 
with DoD Directive 5124.02 and 50 U.S.C. 1913.
    (2) Ensures appropriate resources are programmed for the 
administration and operation of the NLSC.
    (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)):
    (1) Through the Deputy Assistant Secretary of Defense for 
Readiness:
    (i) Develops processes and polices regarding the NLSC oversight and 
coordination by the NSEB in accordance with 50 U.S.C. 1903 and 1913.
    (ii) Recommends and oversees the establishment and execution of 
policies, programs, and goals to ensure the NLSC supports the readiness 
of the Military Services.
    (iii) Oversees, and monitors compliance with the NLSC programs and 
processes on behalf of the Secretary of Defense to include the 
procedures in Sec.  251.6 of this part.
    (iv) Ensures that functions needed to support the accomplishment of 
the NLSC mission are executed including engagement with DoD Components, 
federal agencies, and State and local governments, to identify language 
needs, assessment of language proficiency of its members, and skill 
sustainment training.
    (v) Determines eligibility for NLSC membership.
    (2) Hosts the annual program review identified in 50 U.S.C. 1913.
    (3) Designates a program manager responsible for overseeing 
implementation of NLSC programs and processes.
    (c) Under the authority, direction, and control of the USD (P&R), 
the Director, Department of Defense Human Resources Activity (DoDHRA):
    (1) Implements procedures and instructions for the appointment of 
NLSC members in support of DoD or other U.S. departments or agencies.
    (2) Authorizes and signs interagency agreements between the NLSC 
and organizations outside of the DoD, and delegates authority to sign 
such agreements as needed.
    (3) Provides administrative support to the NLSC, including actions 
related to

[[Page 9673]]

intra- and inter-agency agreements, the intra- and inter-agency 
transfer of funds, personnel actions, and travel requirements.
    (4) Provides fiscal management and oversight to ensure all funds 
provided for the NLSC are separately and visibly accounted for in the 
DoD budget.
    (d) DoD Components heads ensure that the use of NLSC members is 
considered during exercise and operational planning.


Sec.  251.6  Procedures.

    (a) NLSC purpose. (1) The purpose of the NLSC is to identify and 
provide U.S. citizens with foreign language skills to support DoD or 
other U.S. departments or agencies, in need of foreign language 
services, for requirements of less than 1 year.
    (2) The NLSC will provide capable, federally-hired individuals to 
rapidly respond to critical national needs and assist DoD and other 
U.S. departments and agencies with surge or emergency requirements.
    (b) NLSC membership criteria. NLSC members must:
    (1) Be a U.S. citizen.
    (2) Be at least 18 years of age.
    (3) Have satisfied Selective Service requirements.
    (4) Be proficient in English and any other language.
    (c) NLSC member recruitment. The NLSC program manager will oversee 
recruitment of members. NLSC maintains a registry of individuals who 
have applied or been accepted for membership and responds to requests 
for foreign language services by searching the registry to identify 
individuals who can provide support. NLSC collects applicant 
information through electronically available DD forms (located at the 
DoD Forms Management Program Web site at http://www.dtic.mil/whs/directives/infomgt/forms/formsprogram.htm.) or comparable web-based 
applications:
    (1) DD Form 2932. Contains a brief set of screening questions and 
is used to determine basic eligibility for NLSC membership.
    (2) DD Form 2933. A language screening tool to evaluate the 
applicant's skills with respect to specific tasks. DD Form 2933 is used 
in conjunction with the screening of language skills for entry into the 
NLSC.
    (3) DD Form 2934. Provides an overall assessment of the applicant's 
foreign language ability. DD Form 2934 is also used in conjunction with 
the screening of detailed skills for entry into the NLSC.
    (d) NLSC member appointment as Federal employees. Where applicants 
meet NLSC membership criteria and are matched to foreign language 
services requirements, the NLSC program manager ensures actions are 
initiated to temporarily hire applicants and members for forecasted and 
actual support requests.
    (1) For Federal hiring, members follow excepted service hiring 
policies in accordance with 5 U.S.C. 3109, 5 CFR part 304, and 32 CFR 
part 310, and are appointed as language consultants in advance of 
participating in a support request, in accordance with AI 2.
    (2) An NLSC member who is already employed by a U.S. Government 
agency or is under contract full-time to one agency must receive a 
release from the head of that agency or individual empowered to release 
the employee or contractor before being employed for service within the 
NLSC pursuant to 50 U.S.C. 1913 and must comply with applicable laws 
and regulations regarding compensation. Such requests will be 
coordinated by the NLSC with the department or agency head concerned.
    (3) NLSC members will be appointed on an annual basis pursuant to 5 
U.S.C. 3109, 5 CFR part 304, and 32 CFR part 310 to perform duties as 
language consultants. If serving less than 130 days in a consecutive 
365 day period, they will be considered SGEs as defined in 18 U.S.C. 
202. Concurrent appointments as an SGE may be held with other DoD 
Components or in another federal agency.
    (4) The NLSC program manager will track the number of days each 
NLSC member performed services and the total amount paid to each NLSC 
member within the 365 day period after the NLSC member's appointment.
    (e) NLSC member activation. Activation encompasses all aspects of 
matching and hiring NLSC members to perform short-term temporary 
assignments to provide foreign language services. Under NLSC program 
manager oversight:
    (1) Customer requirements are matched with skills of NLSC members 
and support is requested from DoDHRA to process necessary agreements, 
funding documents, and personnel actions to provide foreign language 
services. In accordance with paragraph (d)(3) of this section, NLSC 
members are temporarily hired as DoD employees.
    (2) NLSC members are prepared for activation. If members are to be 
mobilized out of their home area, travel order requests are initiated. 
During the assignment, action will be taken to coordinate with members 
and clients, and assess success with the requesting agency upon 
completion.
    (3) If duty requires issuance of DoD identification (e.g., Common 
Access Card), such identification will be issued to and maintained by 
activated NSLC members in accordance with Volume 1 of DoD Manual 
1000.13, ``DoD Identification (ID) Cards: ID Card Life-Cycle'' 
(available at http://www.dtic.mil/whs/directives/corres/pdf/100013_vol1.pdf). Upon completion of the assignment, the identification 
will be retrieved in accordance with Volume 1 of DoD Manual 1000.13.
    (4) Upon completion of assignments, DoDHRA will provide post-
assignment support to members and reconcile funding to close project 
orders.

    Dated: February 18, 2015.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2015-03567 Filed 2-23-15; 8:45 am]
BILLING CODE 5001-06-P



                                                                      Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / Proposed Rules                                                 9669

                                                The Boeing Company: Docket No. FAA–                     paragraph, repair using a method approved             method to be approved, the repair must meet
                                                    2015–0246; Directorate Identifier 2014–             in accordance with the procedures specified           the certification basis of the airplane, and the
                                                    NM–187–AD.                                          in paragraph (l) of this AD.                          approval must specifically refer to this AD.
                                                                                                                                                                (4) Except as required by paragraph (i)(1)
                                                (a) Comments Due Date                                   (i) Exceptions to the Service Information             of this AD: If any service information
                                                  We must receive comments by April 10,                    (1) Where Boeing Alert Service Bulletin            contains steps that are identified as RC
                                                2015.                                                   737–53A1339, dated August 12, 2014,                   (Required for Compliance), those steps must
                                                                                                        specifies contacting Boeing for repair                be done to comply with this AD; any steps
                                                (b) Affected ADs                                        instructions: Before further flight, repair           that are not identified as RC are
                                                  None.                                                 using a method approved in accordance with            recommended. Those steps that are not
                                                                                                        the procedures specified in paragraph (l) of          identified as RC may be deviated from using
                                                (c) Applicability
                                                                                                        this AD.                                              accepted methods in accordance with the
                                                   This AD applies to The Boeing Company                   (2) Where Boeing Alert Service Bulletin            operator’s maintenance or inspection
                                                Model 737–300, –400, and –500 series                    737–53A1339, dated August 12, 2014,                   program without obtaining approval of an
                                                airplanes, certificated in any category, as             specifies a compliance time ‘‘after the               AMOC, provided the steps identified as RC
                                                identified in Boeing Alert Service Bulletin             original issue date of this service bulletin,’’       can be done and the airplane can be put back
                                                737–53A1339, dated August 12, 2014.                     this AD requires compliance within the                in a serviceable condition. Any substitutions
                                                (d) Subject                                             specified time after the effective date of this       or changes to steps identified as RC require
                                                                                                        AD.                                                   approval of an AMOC.
                                                  Air Transport Association (ATA) of
                                                America Code 53: Fuselage.                              (j) Optional Preventative Modification                (m) Related Information
                                                (e) Unsafe Condition                                       Modification of an inspection area                    (1) For more information about this AD,
                                                                                                        specified in paragraph (g) of this AD,                contact Wayne Lockett, Aerospace Engineer,
                                                   This AD was prompted by reports of                   including doing open hole and surface HFEC            Airframe Branch, ANM–120S, FAA, Seattle
                                                fatigue cracking found at the left-side and             inspections for cracking of the area to be
                                                right-side upper frame, at station 360                                                                        Aircraft Certification Office (ACO), 1601 Lind
                                                                                                        modified, in accordance with Part 4 of the            Avenue SW., Renton, WA 98057–3356;
                                                between stringer 13 and stringer 14. We are             Accomplishment Instructions of Boeing Alert
                                                issuing this AD to detect and correct fatigue                                                                 phone: 425–917–6447; fax: 425–917–6590;
                                                                                                        Service Bulletin 737–53A1339, dated August            email: wayne.lockett@faa.gov.
                                                cracking of the left-side and right-side upper          12, 2014, except as required by paragraph
                                                frame at station 360 between stringer 13 and                                                                     (2) For service information identified in
                                                                                                        (i)(1) of this AD, terminates the repetitive          this AD, contact Boeing Commercial
                                                stringer 14, which if not corrected, can grow           inspections required by paragraph (g) of this
                                                in size and result in a severed frame, which                                                                  Airplanes, Attention: Data & Services
                                                                                                        AD at the modified location only.                     Management, P. O. Box 3707, MC 2H–65,
                                                could lead to rapid decompression and
                                                reduced structural integrity of the airplane.           (k) Post-Repair and Post-Modification                 Seattle, WA 98124–2207; telephone 206–
                                                                                                        Inspections                                           544–5000, extension 1; fax 206–766–5680;
                                                (f) Compliance                                                                                                Internet https://www.myboeingfleet.com. You
                                                                                                           The post-repair and post-modification
                                                   Comply with this AD within the                                                                             may view this referenced service information
                                                                                                        inspections specified in Tables 4 and 5 of
                                                compliance times specified, unless already                                                                    at the FAA, Transport Airplane Directorate,
                                                                                                        paragraph 1.E., ‘‘Compliance,’’ of Boeing
                                                done.                                                                                                         1601 Lind Avenue SW., Renton, WA. For
                                                                                                        Alert Service Bulletin 737–53A1339, dated
                                                                                                                                                              information on the availability of this
                                                (g) Repetitive Inspections for Cracking                 August 12, 2014, are not required by this AD.
                                                                                                                                                              material at the FAA, call 425–227–1221.
                                                                                                           Note 1 to paragraph (k) of this AD: The
                                                   At the applicable times specified in table           post-repair and post-modification inspections           Issued in Renton, Washington, on February
                                                1 of paragraph 1.E., ‘‘Compliance,’’ of Boeing          specified in Tables 4 and 5 of paragraph 1.E.,        11, 2015.
                                                Alert Service Bulletin 737–53A1339, dated               ‘‘Compliance,’’ of Boeing Alert Service
                                                August 12, 2014, except as required by                                                                        Jeffrey E. Duven,
                                                                                                        Bulletin 737–53A1339, dated August 12,
                                                paragraph (i)(2) of this AD: Do a medium                                                                      Manager, Transport Airplane Directorate,
                                                                                                        2014, may be used in support of compliance
                                                frequency eddy current (MFEC) inspection                                                                      Aircraft Certification Service.
                                                                                                        with section 121.1109(c)(2) or 129.109(b)(2)
                                                for cracking on the left-side and right-side of         of the Federal Aviation Regulations (14 CFR           [FR Doc. 2015–03677 Filed 2–23–15; 8:45 am]
                                                the upper frame at Station 360 between                  121.1109(c)(2) or 14 CFR 129.109(b)(2)).              BILLING CODE 4910–13–P
                                                stringer 13 and stringer 14, in accordance
                                                with Part 2 of the Accomplishment                       (l) Alternative Methods of Compliance
                                                Instructions of Boeing Alert Service Bulletin           (AMOCs)
                                                737–53A1339, dated August 12, 2014. If no                  (1) The Manager, Seattle Aircraft                  DEPARTMENT OF DEFENSE
                                                cracking is found, repeat the inspections at            Certification Office (ACO), FAA, has the
                                                the applicable times specified in Table 1 of            authority to approve AMOCs for this AD, if            Office of the Secretary
                                                paragraph 1.E., ‘‘Compliance,’’ of Boeing               requested using the procedures found in 14
                                                Alert Service Bulletin 737–53A1339, dated               CFR 39.19. In accordance with 14 CFR 39.19,           32 CFR Part 251
                                                August 12, 2014. Accomplishment of the                  send your request to your principal inspector
                                                                                                                                                              [Docket ID: DOD–2014–OS–0058]
                                                actions specified in paragraph (j) of this AD           or local Flight Standards District Office, as
                                                terminates the repetitive inspections required          appropriate. If sending information directly          RIN 0790–AJ28
                                                by this paragraph at the modified area only.            to the manager of the ACO, send it to the
                                                                                                        attention of the person identified in                 National Language Service Corps
                                                (h) Repair
                                                                                                        paragraph (m)(1) of this AD. Information may          (NLSC)
                                                   If any cracking is found during any                  be emailed to: 9–ANM-Seattle-ACO-AMOC-
                                                inspection required by paragraph (g) of this            Requests@faa.gov.                                     AGENCY:  Under Secretary of Defense for
                                                AD: Before further flight, repair the cracking             (2) Before using any approved AMOC,                Personnel and Readiness, DoD.
                                                including doing an open hole high frequency             notify your appropriate principal inspector,          ACTION: Proposed rule.
                                                eddy current (HFEC) inspection for cracking             or lacking a principal inspector, the manager
                                                of the holes, in accordance with Part 3 of the          of the local flight standards district office/
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                                                                                                                                                              SUMMARY:   This rule establishes in the
                                                Accomplishment Instructions of Boeing Alert             certificate holding district office.                  Code of Federal Regulations the
                                                Service Bulletin 737–53A1339, dated August                 (3) An AMOC that provides an acceptable            National Language Services Corps
                                                12, 2014, except as required by paragraph               level of safety may be used for any repair
                                                (i)(1) of this AD. Repair of any crack                  required by this AD if it is approved by
                                                                                                                                                              (NLSC) by describing the program and
                                                terminates the repetitive inspection                    Boeing Commercial Airplanes Organization              its responsibilities per the January 2013
                                                requirements of paragraph (g) of this AD for            Designation Authorization (ODA) that has              National Defense Authorization Act
                                                the repaired area only. If any cracking is              been authorized by the Manager, Seattle               which authorized the Secretary of
                                                found during any inspection required by this            ACO, to make those findings. For a repair             Defense to establish the NLSC as a


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                                                9670                  Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / Proposed Rules

                                                permanent organization. The NLSC                        organizational unit within the same                   Corps. The government has since
                                                responds to federal agencies’ needs for                 agency or another agency for services;                renamed that organization as the NLSC.
                                                language skills in emergencies or surge                 50 U.S.C. 1913 which authorized the                      In January 2013, President Barack
                                                requirements. Once a federal agency                     Secretary of Defense to establish and                 Obama signed the National Defense
                                                identifies a need, NLSC members are                     maintain the National Language Service                Authorization Act which authorized the
                                                advised of the potential assignment. If                 Corps.                                                Secretary of Defense to establish the
                                                an individual is interested and                                                                               NLSC as a permanent organization. The
                                                                                                        II. Summary of the Major Provisions of
                                                available, they go through a screening                                                                        NLSC operates under this authority with
                                                                                                        the Regulatory Action in Question
                                                and selection process as discussed in                                                                         DLNSEO as its parent agency. DLNSEO
                                                the rule. The decision to use NLSC rests                  The major provisions of this                        provides strategic direction and
                                                with the requesting agency and support                  regulatory action include:                            programmatic oversight to the Military
                                                agreements must be established before                     a. Outlining NLSC membership                        Departments, Defense field activities
                                                work can begin.                                         criteria, member recruitment,                         and the Combatant Commands on
                                                DATES: Comments must be received by                     appointment, and activation.                          present and future requirements related
                                                April 27, 2015.                                           b. Describing eligibility requirements              to language, regional expertise, and
                                                ADDRESSES: You may submit comments,
                                                                                                        for federal employees to participate in               culture.
                                                identified by docket number and/or RIN                  NLSC.                                                    The NLSC does not offer permanent
                                                number and title, by any of the                         III. Costs and Benefits                               full-time or part-time jobs. The NLSC
                                                following methods:                                                                                            responds to federal agencies’ needs for
                                                                                                           The Department of Defense and other                language skills in emergencies or surge
                                                   • Federal Rulemaking Portal: http://
                                                                                                        federal departments and agencies have                 requirements. For this reason, the NLSC
                                                www.regulations.gov. Follow the
                                                                                                        benefited from NLSC support utilizing                 does not maintain any postings or offer
                                                instructions for submitting comments.
                                                                                                        high-level language skills of members                 any job location services. Once a federal
                                                   • Mail: Federal Docket Management
                                                                                                        not otherwise available to meet their                 agency identifies a need, NLSC
                                                System Office, 4800 Mark Center Drive,
                                                                                                        organizations’ short-term, immediate                  members are advised of the potential
                                                East Tower, Suite 02G09, Alexandria
                                                                                                        needs. The NLSC has established a                     assignment. If an individual is
                                                VA 22350–3100.
                                                                                                        means to access and maintain contact                  interested and available, they go
                                                   Instructions: All submissions received
                                                                                                        with citizens who are highly skilled in               through a screening and selection
                                                must include the agency name and
                                                                                                        foreign languages. Since initial efforts in           process as discussed in this rule. The
                                                docket number or Regulatory
                                                                                                        fiscal year 2007, the average annual cost             decision to use NLSC rests with the
                                                Information Number (RIN) for this
                                                                                                        to build, pilot and fully operationalize              requesting agency and support
                                                Federal Register document. The general
                                                                                                        the NLSC has been $6.3 million. Current               agreements must be established before
                                                policy for comments and other
                                                                                                        membership includes more than 5,000                   support can begin.
                                                submissions from members of the public
                                                                                                        members with skills in 315 foreign                       The NLSC’s charter is to provide
                                                is to make these submissions available
                                                                                                        languages and dialects ready to serve                 short-term surge capability or to fill
                                                for public viewing on the Internet at
                                                                                                        national needs when called upon.                      short term recurrent support that other
                                                http://www.regulations.gov as they are
                                                                                                        Members hired to support missions                     existing capabilities cannot reasonably
                                                received without change, including any
                                                                                                        have included the self-employed,                      fill. Members have filled requirements
                                                personal identifiers or contact
                                                                                                        retirees or students just entering the                that range from 15 minutes on the
                                                information.
                                                                                                        workforce, who proudly want to serve                  phone to 60 days in the field. If needed/
                                                FOR FURTHER INFORMATION CONTACT:               John     their nation. NLSC provides an                        desired, it is possible for members to
                                                Demboski, 571–256–0654.                                 opportunity to earn wages using their                 provide recurrent, short term support,
                                                SUPPLEMENTARY INFORMATION:                              high-level language skills. As of June                such as for periodic exercises for up to
                                                                                                        2014, NLSC members have provided                      approximately six months (130 work
                                                Executive Summary                                       more than 28,000 hours of highly skilled              days or 1,040 hours, whichever comes
                                                I. Purpose of the Regulatory Action                     foreign language support to 34 federal                first) in the member’s service year.
                                                  a. Purpose. NLSC may support DoD or                   agencies and departments and their                       The NLSC uses the Federal
                                                other U.S. departments or agencies, in                  components.                                           Interagency Language Roundtable
                                                need of foreign language services, with                 SUPPLEMENTARY INFORMATION:                            Proficiency Guidelines (http://
                                                requirements of less than 1 year. The                                                                         govtilr.org/Skills/ILRscale1.htm) (the
                                                NLSC will provide capable, federally-                   Background                                            ‘‘ILR Scale’’) in speaking, reading, and
                                                hired individuals to rapidly respond to                   In 2003, Congress tasked the Defense                listening as a basis for determining
                                                critical national needs and assist DoD                  Language and National Security                        eligibility for Membership. The NLSC’s
                                                and other U.S. departments and                          Education Office (DLNSEO), then                       goal is 3/3/3 proficiency (speaking/
                                                agencies with surge or emergency                        known as the National Security                        reading/listening) in at least one foreign
                                                requirements.                                           Education Program (NSEP), with                        language and in English.
                                                  b. Succinct statement of legal                        exploring the feasibility of establishing                Initial non-English language
                                                authority for the regulatory action.                    an organization of Americans with skills              proficiency is assessed by asking all
                                                  Authority: Applicable authorities                     in critical languages that would serve in             NLSC applicants to complete a series of
                                                include: 5 U.S.C. 3109 which authorizes                 times of emergency or national need.                  self-assessments to provide an
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                                                the employment of experts and                           NSEP prepared a feasibility study and                 indication of where they fall on the ILR
                                                consultants on a temporary or                           follow-up planning that led to                        scale. Members of the NLSC will
                                                intermittent basis; 18 U.S.C. 202 which                 Congressional action in 2006. In the                  normally undergo formal proficiency
                                                defines ‘‘special Government                            2007 National Defense Authorization                   testing to verify the self-assessments
                                                employee;’’ 31 U.S.C. 1535 which                        Act, the U.S. Congress included                       prior to participating in an assignment.
                                                authorizes the head of an agency or                     language directing the Secretary of                   Several factors may require formal
                                                major organizational unit within an                     Defense to initiate a pilot program that              proficiency testing, including the need
                                                agency to place an order with a major                   established a Civilian Linguist Reserve               for the NLSC and requesting agencies to


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                                                                      Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / Proposed Rules                                           9671

                                                have formally-tested members available                  does not require us to prepare a                         Total burden hours: 167 hours.
                                                for assignments.                                        regulatory flexibility analysis.                         Needs and Uses: Verification and
                                                  Initial English language assessment                                                                         mission-related use.
                                                                                                        Public Law 96–511, ‘‘Paperwork
                                                will not normally be conducted for                                                                               OMB Desk Officer: Jasmeet Seehra.
                                                                                                        Reduction Act’’ (44 U.S.C. Chapter 35)                   Written comments and
                                                applicants who graduated from an
                                                accredited high school and spent at least                  Section 251.6(c)(1)–(c)(3) of this                 recommendations on the proposed
                                                three years in the US while attending                   proposed rule contain information                     information collection should be sent to
                                                high school. If an individual did not do                collection requirements. DoD has                      Ms. Jasmeet Seehra at the Office of
                                                so, he or she may be asked to undergo                   submitted the following proposal to                   Management and Budget, Desk Officer
                                                the same self-assessment process as for                 OMB under the provisions of the                       for DoD, Room 10236, New Executive
                                                non-English language skills. Finally, a                 Paperwork Reduction Act (44 U.S.C.                    Office Building, Washington, DC 20503,
                                                number of members may be asked to                       Chapter 35). Comments are invited on:                 with a copy to the National Language
                                                undergo formal proficiency testing in                   (a) Whether the proposed collection of                Service Corps, P.O. Box 12221,
                                                English.                                                information is necessary for the proper               Arlington, VA 22219. Comments can be
                                                                                                        performance of the functions of DoD,                  received from 30 to 60 days after the
                                                Regulatory Procedures                                   including whether the information will                date of this notice, but comments to
                                                Executive Order 12866, ‘‘Regulatory                     have practical utility; (b) the accuracy of           OMB will be most useful if received by
                                                Planning and Review’’ and Executive                     the estimate of the burden of the                     OMB within 30 days after the date of
                                                Order 13563, ‘‘Improving Regulation                     proposed information collection; (c)                  this notice.
                                                and Regulatory Review’’                                 ways to enhance the quality, utility, and                You may also submit comments,
                                                                                                        clarity of the information to be                      identified by docket number and title,
                                                   Executive Orders 13563 and 12866                     collected; and (d) ways to minimize the               by the following method:
                                                direct agencies to assess all costs and                 burden of the information collection on                  • Federal eRulemaking Portal: http://
                                                benefits of available regulatory                        respondents, including the use of                     www.regulations.gov. Follow the
                                                alternatives and, if regulation is                      automated collection techniques or                    instructions for submitting comments.
                                                necessary, to select regulatory                         other forms of information technology.                   Instructions: All submissions received
                                                approaches that maximize net benefits                      Type of Request: Reinstatement.                    must include the agency name, docket
                                                (including potential economic,                                                                                number and title for this Federal
                                                                                                        Existing OMB Control Number: 0704–
                                                environmental, public health and safety                                                                       Register document. The general policy
                                                                                                        0449, ‘‘National Language Service
                                                effects, distribute impacts, and equity).                                                                     for comments and other submissions
                                                                                                        Corps.’’
                                                Executive Order 13563 emphasizes the                                                                          from members of the public is to make
                                                importance of quantifying both costs                      Title: DD Form 2932, ‘‘National                     these submissions available for public
                                                and benefits, of reducing costs, of                     Language Service Corps Application’’                  viewing on the Internet at http://
                                                harmonizing rules, and of promoting                       Number of Respondents: 1,500.                       www.regulations.gov as they are
                                                flexibility. This rule has been                           Responses per Respondent: 1.                        received without change, including any
                                                designated a ‘‘significant regulatory                     Annual Responses: 1,500.                            personal identifiers or contact
                                                action,’’ although not economically                       Average Burden per Response: 18                     information.
                                                significant, under section 3(f) of                      minutes.                                                 To request more information on this
                                                Executive Order 12866. Accordingly,                       Annual Burden Hours: 450 hours.                     proposed information collection or to
                                                the rule has been reviewed by the Office                  Needs and Uses: Verification and                    obtain a copy of the proposal and
                                                of Management and Budget (OMB).                         mission-related use.                                  associated collection instruments,
                                                                                                          Title: DD Form 2933, ‘‘National                     please write to John Demboski, National
                                                Sec. 202, Pub. L. 104–4, ‘‘Unfunded                     Language Service Corps (NLSC) Detailed                Language Service Corps, P.O. Box
                                                Mandates Reform Act’’                                   Skills Self-Assessment’’                              12221, Arlington, VA 22219; phone
                                                                                                          Number of Respondents: 1,000.                       number (703) 588–0868.
                                                   Section 202 of the Unfunded
                                                                                                          Responses per Respondent: 1.
                                                Mandates Reform Act of 1995 (UMRA)                        Annual Responses: 1,000.                            Executive Order 13132, ‘‘Federalism’’
                                                (Pub. L. 104–4) requires agencies assess                  Average Burden per Response: 18
                                                anticipated costs and benefits before                                                                           Executive Order 13132 establishes
                                                                                                        minutes.                                              certain requirements that an agency
                                                issuing any rule whose mandates                           Annual Burden Hours: 300 hours.
                                                require spending in any 1 year of $100                                                                        must meet when it promulgates a
                                                                                                          Needs and Uses: Verification and                    proposed rule (and subsequent final
                                                million in 1995 dollars, updated                        mission-related use.
                                                annually for inflation. In 2014, that                                                                         rule) that imposes substantial direct
                                                                                                          Title: DD Form 2934, ‘‘National                     requirement costs on State and local
                                                threshold is approximately $141                         Language Service Corps (NLSC) Global
                                                million. This document will not                                                                               governments, preempts State law, or
                                                                                                        Skills Self-Assessment’’                              otherwise has Federalism implications.
                                                mandate any requirements for State,                       Number of Respondents: 1,000.
                                                local, or tribal governments, nor will it                                                                     This proposed rule will not have a
                                                                                                          Responses per Respondent: 1.                        substantial effect on State and local
                                                affect private sector costs.                              Annual Responses: 1,000.                            governments.
                                                Public Law 96–354, ‘‘Regulatory                           Average Burden per Response: 18
                                                Flexibility Act’’ (5 U.S.C. 601)                        minutes.                                              List of Subjects in 32 CFR Part 251
                                                                                                          Annual Burden Hours: 300 hours.                       Foreign languages, Manpower training
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                                                  The Department of Defense certifies                     Needs and Uses: Verification and                    programs.
                                                that this proposed rule is not subject to               mission-related use.
                                                the Regulatory Flexibility Act (5 U.S.C.                                                                        Accordingly 32 CFR part 251 is
                                                                                                          Title: Phone call to review responses
                                                601) because it would not, if                                                                                 proposed to be added to read as follows:
                                                                                                        on forms
                                                promulgated, have a significant                           Total annual respondents: 1,000.                    PART 251—NATIONAL LANGUAGE
                                                economic impact on a substantial                          Frequency of response: 1.                           SERVICE CORPS (NLSC)
                                                number of small entities. Therefore, the                  Total annual responses: 1,000.
                                                Regulatory Flexibility Act, as amended,                   Burden per response: 10 minutes.                    Sec.



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                                                9672                  Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / Proposed Rules

                                                251.1     Purpose.                                      determine language proficiency.                       and Consultants’’ (available at http://
                                                251.2     Applicability.                                According to the ILR scale:                           www.dtic.mil/whs/directives/corres/pdf/
                                                251.3     Definitions.                                    (1) 0 is No Proficiency.                            ai002p.pdf) will be temporarily assigned
                                                251.4     Policy.                                         (2) 0+ is Memorized Proficiency.                    to government agencies pursuant to
                                                251.5     Responsibilities.
                                                                                                          (3) 1 is Elementary Proficiency.                    reimbursable agreements described in
                                                251.6     Procedures.
                                                                                                          (4) 1+ is Elementary Proficiency, Plus.             31 U.S.C. 1535.
                                                  Authority: 5 U.S.C. 3109, 18 U.S.C. 202, 31             (5) 2 is Limited Working Proficiency.
                                                U.S.C. 1535, 50 U.S.C. 1913.                              (6) 2+ is Limited Working Proficiency,              § 251.5    Responsibilities.

                                                § 251.1    Purpose.                                     Plus.                                                   (a) The USD(P&R):
                                                                                                          (7) 3 is General Professional                         (1) Provides overall policy guidance
                                                  This part:                                            Proficiency.                                          for carrying out the responsibilities and
                                                  (a) Implements the responsibilities of                  (8) 3+ is General Professional                      duties of the Secretary of Defense in
                                                the Secretary of Defense in 50 U.S.C.                   Proficiency, Plus.                                    accordance with DoD Directive 5124.02
                                                1913 by establishing the NLSC program.                    (9) 4 is Advanced Professional                      and 50 U.S.C. 1913.
                                                  (b) Establishes policy, assigns                       Proficiency.                                            (2) Ensures appropriate resources are
                                                responsibilities, and provides                            (10) 4+ is Advanced Professional                    programmed for the administration and
                                                procedures for the management of the                    Proficiency, Plus.                                    operation of the NLSC.
                                                NLSC program.                                             (11) 5 is Functional Native                           (b) Under the authority, direction, and
                                                  (c) Assigns responsibility to the                     Proficiency.                                          control of the USD(P&R), the Assistant
                                                National Security Education Board                         Special government employee (SGE).                  Secretary of Defense for Readiness and
                                                (NSEB) to oversee and coordinate the                    Defined in 18 U.S.C. 202.                             Force Management (ASD(R&FM)):
                                                activities of the NLSC (as provided and                                                                         (1) Through the Deputy Assistant
                                                determined by the Secretary of Defense                  § 251.4   Policy.                                     Secretary of Defense for Readiness:
                                                pursuant to 50 U.S.C. 1903 and 1913                        It is DoD policy that:                               (i) Develops processes and polices
                                                with policy and funding oversight                          (a) The NLSC provides DoD, or other                regarding the NLSC oversight and
                                                provided by the Under Secretary of                      U.S. departments or agencies, with U.S.               coordination by the NSEB in accordance
                                                Defense for Personnel and Readiness                     citizens with high levels of foreign                  with 50 U.S.C. 1903 and 1913.
                                                (USD(P&R)) in accordance with DoD                       language proficiency for short-term                     (ii) Recommends and oversees the
                                                Directive 5124.02, ‘‘Under Secretary of                 temporary assignments providing                       establishment and execution of policies,
                                                Defense for Personnel and Readiness                     foreign language services.                            programs, and goals to ensure the NLSC
                                                (USD(P&R))’’ (available at http://                         (b) The NLSC is authorized to employ               supports the readiness of the Military
                                                www.dtic.mil/whs/directives/corres/pdf/                 U.S. citizens as language consultants                 Services.
                                                512402p.pdf).                                           pursuant to 50 U.S.C. 1913, 5 U.S.C.                    (iii) Oversees, and monitors
                                                                                                        3109, and 5 CFR part 304.                             compliance with the NLSC programs
                                                § 251.2    Applicability.                                  (c) The NLSC is exempt from DoD                    and processes on behalf of the Secretary
                                                   This part applies to Office of the                   Instruction 5160.71, ‘‘DoD Language                   of Defense to include the procedures in
                                                Secretary of Defense, the Military                      Testing Program’’ (available at http://               § 251.6 of this part.
                                                Departments, the Office of the Chairman                 www.dtic.mil/whs/directives/corres/pdf/                 (iv) Ensures that functions needed to
                                                of the Joint Chiefs of Staff and the Joint              516071_2009_ch1.pdf), such that the                   support the accomplishment of the
                                                Staff, the Combatant Commands, the                      NLSC may use tests of the Defense                     NLSC mission are executed including
                                                Office of the Inspector General of the                  Language Proficiency Testing System or                engagement with DoD Components,
                                                Department of Defense, the Defense                      may use and develop other tests to                    federal agencies, and State and local
                                                Agencies, the DoD Field Activities, and                 assess language proficiency for the                   governments, to identify language
                                                all other organizational entities in the                purpose of employing NLSC members as                  needs, assessment of language
                                                DoD (referred to collectively in this part              language consultants.                                 proficiency of its members, and skill
                                                as ‘‘the DoD Components’’) and Federal                     (d) The NLSC will be available to                  sustainment training.
                                                agencies.                                               support DoD or other U.S. departments                   (v) Determines eligibility for NLSC
                                                                                                        or agencies pursuant to 50 U.S.C. 1913.               membership.
                                                § 251.3    Definitions.                                    (e) The NLSC will:                                   (2) Hosts the annual program review
                                                   Unless otherwise noted, these terms                     (1) Collect personally identifiable                identified in 50 U.S.C. 1913.
                                                and their definitions are for the                       information pursuant to 50 U.S.C. 1913                  (3) Designates a program manager
                                                purposes of this part.                                  from individuals interested in applying               responsible for overseeing
                                                   Consultant. Defined in 5 CFR part                    for NLSC membership.                                  implementation of NLSC programs and
                                                304.                                                       (2) Comply with DoD Instruction                    processes.
                                                   Excepted service. Appointments in                    8910.01, ‘‘Information Collection and                   (c) Under the authority, direction, and
                                                the excepted service are civil service                  Reporting’’ (available at http://                     control of the USD (P&R), the Director,
                                                appointments within the Federal                         www.dtic.mil/whs/directives/corres/pdf/               Department of Defense Human
                                                Government that do not confer                           891001p.pdf), Volume 2 of DoD Manual                  Resources Activity (DoDHRA):
                                                competitive status and are excepted                     8910.01, ‘‘DoD Information Collections                  (1) Implements procedures and
                                                from competitive service by or pursuant                 Manual: Procedures for DoD Public                     instructions for the appointment of
                                                to statute, by the President, or by the                 Information Collections’’ (available at               NLSC members in support of DoD or
                                                Office of Personnel Management, and
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                                                                                                        http://www.dtic.mil/whs/directives/                   other U.S. departments or agencies.
                                                which are not in Senior Executive                       corres/pdf/891001m_vol2.pdf), and 32                    (2) Authorizes and signs interagency
                                                Service.                                                CFR part 310.                                         agreements between the NLSC and
                                                   Foreign language. Any language other                    (f) Qualified and available members                organizations outside of the DoD, and
                                                than English.                                           with requested language skills hired in               delegates authority to sign such
                                                   Language proficiency. The U.S.                       accordance with 5 U.S.C. 3109 and 5                   agreements as needed.
                                                Government relies on the Interagency                    CFR part 304 and Administrative                         (3) Provides administrative support to
                                                Language Roundtable (ILR) scale to                      Instruction 2, ‘‘Employment of Experts                the NLSC, including actions related to


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                                                                      Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / Proposed Rules                                                 9673

                                                intra- and inter-agency agreements, the                 meet NLSC membership criteria and are                   (3) If duty requires issuance of DoD
                                                intra- and inter-agency transfer of funds,              matched to foreign language services                  identification (e.g., Common Access
                                                personnel actions, and travel                           requirements, the NLSC program                        Card), such identification will be issued
                                                requirements.                                           manager ensures actions are initiated to              to and maintained by activated NSLC
                                                  (4) Provides fiscal management and                    temporarily hire applicants and                       members in accordance with Volume 1
                                                oversight to ensure all funds provided                  members for forecasted and actual                     of DoD Manual 1000.13, ‘‘DoD
                                                for the NLSC are separately and visibly                 support requests.                                     Identification (ID) Cards: ID Card Life-
                                                accounted for in the DoD budget.                           (1) For Federal hiring, members                    Cycle’’ (available at http://www.dtic.mil/
                                                  (d) DoD Components heads ensure                       follow excepted service hiring policies               whs/directives/corres/pdf/
                                                that the use of NLSC members is                         in accordance with 5 U.S.C. 3109, 5 CFR               100013_vol1.pdf). Upon completion of
                                                considered during exercise and                          part 304, and 32 CFR part 310, and are                the assignment, the identification will
                                                operational planning.                                   appointed as language consultants in                  be retrieved in accordance with Volume
                                                                                                        advance of participating in a support                 1 of DoD Manual 1000.13.
                                                § 251.6   Procedures.                                   request, in accordance with AI 2.                       (4) Upon completion of assignments,
                                                   (a) NLSC purpose. (1) The purpose of                    (2) An NLSC member who is already                  DoDHRA will provide post-assignment
                                                the NLSC is to identify and provide U.S.                employed by a U.S. Government agency                  support to members and reconcile
                                                citizens with foreign language skills to                or is under contract full-time to one                 funding to close project orders.
                                                support DoD or other U.S. departments                   agency must receive a release from the                  Dated: February 18, 2015.
                                                or agencies, in need of foreign language                head of that agency or individual
                                                                                                                                                              Aaron Siegel,
                                                services, for requirements of less than 1               empowered to release the employee or
                                                                                                                                                              Alternate OSD Federal Register Liaison
                                                year.                                                   contractor before being employed for
                                                                                                                                                              Officer, Department of Defense.
                                                   (2) The NLSC will provide capable,                   service within the NLSC pursuant to 50
                                                                                                                                                              [FR Doc. 2015–03567 Filed 2–23–15; 8:45 am]
                                                federally-hired individuals to rapidly                  U.S.C. 1913 and must comply with
                                                respond to critical national needs and                                                                        BILLING CODE 5001–06–P
                                                                                                        applicable laws and regulations
                                                assist DoD and other U.S. departments                   regarding compensation. Such requests
                                                and agencies with surge or emergency                    will be coordinated by the NLSC with
                                                requirements.                                           the department or agency head                         DEPARTMENT OF HOMELAND
                                                   (b) NLSC membership criteria. NLSC                   concerned.                                            SECURITY
                                                members must:                                              (3) NLSC members will be appointed
                                                   (1) Be a U.S. citizen.                               on an annual basis pursuant to 5 U.S.C.               Coast Guard
                                                   (2) Be at least 18 years of age.                     3109, 5 CFR part 304, and 32 CFR part
                                                   (3) Have satisfied Selective Service                 310 to perform duties as language                     33 CFR Part 165
                                                requirements.                                           consultants. If serving less than 130                 [Docket Number USCG–2014–0300]
                                                   (4) Be proficient in English and any                 days in a consecutive 365 day period,
                                                other language.                                                                                               RIN 1625–AA00
                                                                                                        they will be considered SGEs as defined
                                                   (c) NLSC member recruitment. The                     in 18 U.S.C. 202. Concurrent                          Safety Zones; Fireworks Displays in
                                                NLSC program manager will oversee                       appointments as an SGE may be held                    the Sector Columbia River Captain of
                                                recruitment of members. NLSC                            with other DoD Components or in                       the Port Zone
                                                maintains a registry of individuals who                 another federal agency.
                                                have applied or been accepted for                          (4) The NLSC program manager will                  AGENCY: Coast Guard, DHS.
                                                membership and responds to requests                     track the number of days each NLSC                    ACTION:Supplemental notice of
                                                for foreign language services by                        member performed services and the                     proposed rulemaking.
                                                searching the registry to identify                      total amount paid to each NLSC member
                                                individuals who can provide support.                    within the 365 day period after the                   SUMMARY:    The Coast Guard proposes to
                                                NLSC collects applicant information                     NLSC member’s appointment.                            establish twenty three new fireworks
                                                through electronically available DD                        (e) NLSC member activation.                        display safety zones at various locations
                                                forms (located at the DoD Forms                         Activation encompasses all aspects of                 in the Sector Columbia River Captain of
                                                Management Program Web site at                          matching and hiring NLSC members to                   the Port zone. The Coast Guard
                                                http://www.dtic.mil/whs/directives/                     perform short-term temporary                          previously published a notice of
                                                infomgt/forms/formsprogram.htm.) or                     assignments to provide foreign language               proposed rulemaking with respect to
                                                comparable web-based applications:                      services. Under NLSC program manager                  this proposed rule on June 18, 2014.
                                                   (1) DD Form 2932. Contains a brief set               oversight:                                            This supplemental notice of proposed
                                                of screening questions and is used to                      (1) Customer requirements are                      rulemaking changes the proposed
                                                determine basic eligibility for NLSC                    matched with skills of NLSC members                   regulation in the following respects.
                                                membership.                                             and support is requested from DoDHRA                  First, the Coast Guard proposes to
                                                   (2) DD Form 2933. A language                         to process necessary agreements,                      amend the regulatory text to clarify that
                                                screening tool to evaluate the                          funding documents, and personnel                      the coordinates for all safety zones
                                                applicant’s skills with respect to                      actions to provide foreign language                   addressed by the proposed rule are
                                                specific tasks. DD Form 2933 is used in                 services. In accordance with paragraph                approximate. Second, the Coast Guard
                                                conjunction with the screening of                       (d)(3) of this section, NLSC members are              proposes to make corrections to the
                                                language skills for entry into the NLSC.                temporarily hired as DoD employees.                   location of nine existing and ten new
                                                                                                                                                              fireworks events in the Sector Columbia
tkelley on DSK3SPTVN1PROD with PROPOSALS




                                                   (3) DD Form 2934. Provides an overall                   (2) NLSC members are prepared for
                                                assessment of the applicant’s foreign                   activation. If members are to be                      River Captain of the Port zone. Third,
                                                language ability. DD Form 2934 is also                  mobilized out of their home area, travel              the Coast Guard will be removing a
                                                used in conjunction with the screening                  order requests are initiated. During the              duplicate entry of the Hood River 4th of
                                                of detailed skills for entry into the                   assignment, action will be taken to                   July event.
                                                NLSC.                                                   coordinate with members and clients,                  DATES: Comments and related material
                                                   (d) NLSC member appointment as                       and assess success with the requesting                must be received by the Coast Guard on
                                                Federal employees. Where applicants                     agency upon completion.                               or before March 26, 2015.


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Document Created: 2015-12-18 13:22:58
Document Modified: 2015-12-18 13:22:58
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received by April 27, 2015.
ContactJohn Demboski, 571-256-0654.
FR Citation80 FR 9669 
RIN Number0790-AJ28
CFR AssociatedForeign Languages and Manpower Training Programs

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