81_FR_13815 81 FR 13765 - School Boards for DoD Domestic Dependent Elementary and Secondary Schools (DDESS)

81 FR 13765 - School Boards for DoD Domestic Dependent Elementary and Secondary Schools (DDESS)

DEPARTMENT OF DEFENSE
Office of the Secretary

Federal Register Volume 81, Issue 50 (March 15, 2016)

Page Range13765-13769
FR Document2016-05600

This proposed rule establishes policy, assigns responsibilities, and provides procedures for the establishment and operation of elected school boards for elementary, middle and high schools operated by the DoD Education Activity in the Continental United States and the Territories, Possessions and Commonwealths. Specific direction is given to facilitate compliance with 10 U.S.C. 2164(d), as implemented by DoD Instruction 1342.25, regarding the election of board members, composition, roles and responsibilities, operating procedures and resolution of conflicts.

Federal Register, Volume 81 Issue 50 (Tuesday, March 15, 2016)
[Federal Register Volume 81, Number 50 (Tuesday, March 15, 2016)]
[Proposed Rules]
[Pages 13765-13769]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05600]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 69

[Docket ID: DOD-2014-OS-0006]
RIN 0790-AJ18


School Boards for DoD Domestic Dependent Elementary and Secondary 
Schools (DDESS)

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

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: This proposed rule establishes policy, assigns 
responsibilities, and provides procedures for the establishment and 
operation of elected school boards for elementary, middle and high 
schools operated by the DoD Education Activity in the Continental 
United States and the Territories, Possessions and Commonwealths. 
Specific direction is given to facilitate compliance with 10 U.S.C. 
2164(d), as implemented by DoD Instruction 1342.25, regarding the 
election of board members, composition, roles and responsibilities, 
operating procedures and resolution of conflicts.

DATES: Comments must be received by May 16, 2016.

ADDRESSES: You may submit comments, identified by docket number or 
Regulatory Information Number (RIN) number and title, by any of the 
following methods:
     Federal Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Department of Defense, Office of the Deputy Chief 
Management Officer, Directorate of Oversight and Compliance, Regulatory 
and Audit Matters Office, 9010 Defense Pentagon, Washington, DC 20301-
9010.
    Instructions: All submissions received must include the agency name 
and docket number or RIN for this Federal Register document. The 
general policy

[[Page 13766]]

for comments and other submissions from members of the public is to 
make these submissions available for public viewing on the Internet at 
http://www.regulations.gov as they are received without change, 
including any personal identifiers or contact information.

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

SUPPLEMENTARY INFORMATION: The revisions to this proposed rule will be 
reported in future status updates as part of DoD's retrospective plan 
under Executive Order 13563 completed in August 2011. DoD's full plan 
can be accessed at: http://www.regulations.gov/#!docketDetail;D=DOD-
2011-OS-0036.

Executive Summary

I. Purpose of the Regulatory Action

    a. Purpose. The Department of Defense has many DoD Domestic 
Dependent Elementary and Secondary Schools (DDESS) that require school 
boards to carry out the responsibilities and procedures described in 
this proposed rule.
    b. Succinct statement of legal authority for the regulatory action.
    Congress directed the Secretary of Defense to provide for the 
establishment of school boards at DDESS schools established under the 
authority of 10 U.S.C. 2164. Pursuant to that direction, the Secretary 
of Defense issued DoD Instruction 1342.25, School Boards for Department 
of Defense Domestic Dependent Elementary and Secondary Schools (DDESS), 
dated October 30, 1996. This rule updates and revises the instruction 
in accordance with the changes to 10 U.S.C. 2164.

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

    The major provisions of this regulatory action include:
    a. Providing a list of the duties and responsibilities school board 
members will perform.
    b. Describing the process of voting and electing school board 
members.
    c. Details the school board operating procedures, including written 
agendas, possible removal of school board members by USD(P&R), 
reimbursement for official travel, among other procedures discussed in 
this rule. The vast majority of the duties and responsibilities of 
school board members and the board operating procedures are unchanged, 
but several duties have been revised in accordance with various policy 
changes and legal limitations. In addition, one of the changes is due 
to the statutory change affecting the establishment of school boards in 
Puerto Rico and Guam.

III. Costs and Benefits

    There are no additional costs associated with the implementation of 
this rule. This is a revised rule which provides updated guidance and 
clarification of the language in the statute. The establishment and 
operation of elected school boards for elementary, middle and high 
schools operated by the DoD Education Activity on military 
installations in the United States (including the territories, 
commonwealths, and possessions of the United States) remain the same. 
School Boards are elected by the parents of students attending the DoD 
schools. School Board members do not receive any monetary compensation 
for their services. Board members voluntarily serve as the conduit 
between the parents of students attending the DoD schools and the DoDEA 
District Superintendent who is responsible for overseeing the operation 
of the schools. The costs, if any, are only incidental costs. The rule 
primarily clarifies and updates existing activities with respect to 
School Board operations.

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. It has been determined that this rule is not a significant 
regulatory action. The rule does not: (1) Have an annual effect on the 
economy of $100 million or more or adversely affect in a material way 
the economy; a section of the economy; productivity; competition; jobs; 
the environment; public health or safety; or State, local, or tribal 
governments or communities; (2) Create a serious inconsistency or 
otherwise interfere with an action taken or planned by another Agency; 
(3) Materially alter the budgetary impact of entitlements, grants, user 
fees, or loan programs, or the rights and obligations of recipients 
thereof; or (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
these Executive Orders.
Sec. 202, Public Law 104-4, ``Unfunded Mandates Reform Act''
    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)
    It has been certified that 32 CFR part 69 does not impose reporting 
or recordkeeping requirements under the Paperwork Reduction Act of 
1995.
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 69

    Elementary and secondary education, Government employees, and 
Military personnel.

    Accordingly 32 CFR part 69 is proposed to be revised to read as 
follows:

Sec.
69.1 Purpose.
69.2 Applicability.
69.3 Definitions.
69.4 Policy.
69.5 Responsibilities.
69.6 Procedures.

    Authority: 5 U.S.C. Appendix, 10 U.S.C. 1783 and 2164.


[[Page 13767]]



PART 69--SCHOOL BOARDS FOR DOD DOMESTIC DEPENDENT ELEMENTARY AND 
SECONDARY SCHOOLS (DDESS)


Sec.  69.1  Purpose.

    This part establishes policy, assigns responsibilities, and 
provides procedures for the establishment and operation of elected 
school boards for schools operated by the DoD in accordance with 10 
U.S.C. 2164.


Sec.  69.2  Applicability.

    This part:
    (a) Applies to:
    (1) 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 within the DoD.
    (2) Schools (pre-kindergarten through grade 12) operated by the DoD 
in accordance with DoD Directive 1342.20, ``Department of Defense 
Education Activity (DoDEA)'' (available at http://www.dtic.mil/whs/directives/corres/pdf/134220p.pdf), and 10 U.S.C. 2164 within the 
United States and U.S. territories, possessions, and commonwealths.
    (b) Does not apply to elected school boards established under State 
or local law for DDESS special arrangements.


Sec.  69.3  Definitions.

    Unless otherwise noted, these terms and their definitions are for 
the purposes of this part.
    Arrangements. Actions taken by the Secretary of Defense to provide 
a free public education to dependent children of active duty military 
members and civilian employees of the Federal Government in accordance 
with 10 U.S.C. 2164 through DDESS arrangements or DDESS special 
arrangements.
    DDESS arrangement. An agreement whereby a school operated by the 
DoD under DoD Directive 1342.20 and 10 U.S.C. 2164 provides a free 
public education for eligible children.
    DDESS special arrangement. An agreement made in accordance with 10 
U.S.C. 2164 between the Secretary of Defense, and a local education 
agency whereby a school or a school system operated by the local 
education agency or private education agency provides educational 
services to eligible dependent children of active duty military members 
and full time DoD civilian employees. Arrangements result in partial or 
total federal funding to the local public education agency for the 
educational services provided.
    Parent. The biological father or mother of a child when parental 
rights have not been legally terminated; a person who, by order of a 
court of competent jurisdiction, has been declared the father or mother 
of a child by adoption; the legal guardian of a child; or a person in 
whose household a child resides, provided that such a person stands in 
loco parentis to that child and contributes at least one-half of the 
child's support.
    Quorum. A majority of the total number of school board members 
authorized on the particular school board.
    Special election. A special election is an election that is held 
between the regularly scheduled annual school board elections.


Sec.  69.4  Policy.

    It is DoD policy that:
    (a) Except for the Commonwealth of Puerto Rico (referred to in this 
part as ``Puerto Rico'') and the Territory of Guam (referred to in this 
part as ``Guam''), each DDESS arrangement must have an elected school 
board established and operated in accordance with DoD Directive 1342.20 
and 10 U.S.C. 2164, and this part. One school board may be established 
for all such schools in Puerto Rico and in Guam.
    (b) Because members of DDESS elected school boards, when acting in 
the capacity as a school board member, are not U.S. Government 
employees or members of the military, they may not exercise 
discretionary governmental authority such as taking personnel actions 
or establishing governmental policies, or perform other inherently 
governmental functions.
    (c) The DDESS chain of supervision within DDESS for matters 
relating to DDESS arrangements operated in accordance with DoD 
Directive 1342.20 and 10 U.S.C. 2164 will be from the Director, DDESS, 
to the superintendent of each DDESS arrangement. The superintendent 
will inform the school board of all matters affecting the operation of 
the DDESS arrangement. Direct liaison among the school board, the 
Director, DDESS, and the superintendent is authorized for all matters 
pertaining to the DDESS arrangement.


Sec.  69.5  Responsibilities.

    (a) Under the authority, direction, and control of the Under 
Secretary of Defense for Personnel and Readiness (USD(P&R)), unless 
otherwise directed by statute, Presidential directive, or DoD policy, 
the Assistant Secretary of Defense for Manpower and Reserve Affairs 
(ASD(M&RA)) makes the final decision on all formal appeals to 
directives and other guidance submitted by the school board or 
superintendent.
    (b) Under the authority, direction, and control of the ASD(M&RA), 
the Director, DoD Education Activity (DoDEA), oversees DDESS 
arrangements and ensures implementation of the procedures in Sec.  
69.6.


Sec.  69.6  Procedures.

    (a) Implementation.
    (1) The Director, DDESS, will:
    (i) Oversee the establishment of elected school boards in DDESS 
arrangements, which, pursuant to 10 U.S.C. 2164(d)(6), need not comply 
with the provisions of 5 U.S.C. Appendix, also known and referred to in 
this part as ``The Federal Advisory Committee Act of 1972,'' as 
amended.
    (ii) Monitor compliance by the superintendents and school boards 
with applicable statutory and regulatory requirements and this part. In 
the event of suspected noncompliance, take appropriate action, which 
includes notifying the superintendent and the school board president of 
the affected DDESS arrangement.
    (iii) Determine when the actions of a school board conflict with an 
applicable statute, regulation, or other guidance or when there is a 
conflict in the views of the school board and the superintendent. When 
such conflicts occur, assist the superintendent and the school board in 
resolving them, or direct that such actions be discontinued. Such 
disapprovals must be in writing to the school board and the 
superintendent concerned and must state the specific supporting reason 
or reasons.
    (2) School board members will:
    (i) Participate in the development and oversight of fiscal, 
personnel, and educational policies, procedures, and programs for the 
DDESS arrangement concerned, consistent with this part.
    (ii) Approve agendas and prepare minutes for school board meetings. 
A copy of the approved minutes of school board meetings will be 
forwarded to the Director, DDESS, within 10 working days after the date 
the minutes are approved.
    (iii) Advise the Director, DDESS, in competitively filling any 
superintendent vacancy.
    (A) If the Director, DDESS, decides not to fill a superintendent 
vacancy, or to fill a vacancy through internal reassignment, school 
board members will be provided the opportunity for written comment to 
the Director, DDESS, on this issue and final

[[Page 13768]]

determination will be made by the Director, DDESS.
    (B) If the Director, DDESS, elects to fill a superintendent vacancy 
competitively, each school board in the respective school district may, 
at the school board's discretion, provide one school board 
representative (i.e., the school board president) to participate as a 
member of the DDESS Director's selection panel. The school board 
representative to a selection panel must be either a full-time or 
permanent part-time government employee, a military member, or a member 
of a military family, so that the selection panel will not be 
considered an advisory committee pursuant to the Federal Advisory 
Committee Act and 10 U.S.C. 1783.
    (C) In advising the Director, DDESS, the selection panel will 
provide advice to the Director, DDESS, by reviewing applications for 
the superintendent vacancy, preparing a list of qualified candidates, 
interviewing candidates, and ranking the list of recommended candidates 
for the DDESS Director's selection.
    (iv) Prepare and provide to the Director, DDESS, an annual written 
review of the superintendent's performance based on established 
critical elements. This advisory review may be provided to the 
superintendent or inserted into the final comments of the performance 
review.
    (v) Participate in the development of the district's budget to 
submit to the Director, DDESS, for his or her approval. Oversee the 
approved budget, in conjunction with the superintendent, as appropriate 
for operation of the school arrangement.
    (vi) Invite the superintendent to attend all school board meetings.
    (vii) Provide advice to the superintendent on the operation of the 
schools and the implementation of the approved budget.
    (viii) Channel communications with school employees to the 
superintendent. Refer all applications, complaints, and other 
communications, oral or written, to the superintendent.
    (ix) Participate in the development of school policies, rules, and 
regulations in conjunction with the superintendent, and recommend which 
policies will be reflected in the school policy manual. The school 
policy manual, which will be issued by the superintendent, may include:
    (A) A statement of the school philosophy.
    (B) The roles and responsibilities of school administrative and 
educational personnel.
    (C) Provisions for publishing an annual school calendar.
    (D) Provisions on instructional services, including policies to 
develop and adopt curriculum and textbooks.
    (E) Regulations affecting students, including attendance, grading, 
promotion, retention, and graduation criteria, and the student code of 
rights, responsibilities, and conduct.
    (F) School policy on community relations and non-instructional 
services, including maintenance and custodial services, food services, 
and student transportation.
    (G) School policy and legal limits on financial operations, 
including accounting, disbursing, contracting, and procurement; 
personnel operations, including conditions of employment and labor 
management regulations; and the processing of, and response to, 
complaints.
    (H) Procedures providing for new school board member orientation.
    (I) Any other matters the school board and the superintendent 
determine to be necessary.
    (x) Prepare and submit formal appeals to directives and other 
guidance that, in the view of the school board, adversely impact the 
operation of the DDESS either through the operation and management of 
DDESS or a specific DDESS arrangement in accordance with 10 U.S.C. 
2164.
    (A) Written formal appeals with justification and supporting 
documentation must be submitted by the school board or superintendent 
to the ASD(M&RA).
    (B) The ASD(M&RA) will make the final decision on all formal 
appeals on matters pertaining to his or her charter directive.
    (C) The Director, DDESS, will provide the appealing body a written 
review of the findings relating to the merits of the appeal.
    (D) Formal appeals will be handled expeditiously by all parties to 
minimize any adverse impact on the operation of the DDESS arrangement.
    (xi) Enforce school board operating procedures.
    (b) Composition of the School Board.
    (1) To be a school board member, an individual must be a resident 
of the military installation at which the DDESS arrangement is located 
or, in the case of candidates for school boards in Puerto Rico and 
Guam, be the parent of an eligible child currently enrolled in the 
DDESS arrangement; cannot be employed by the DDESS arrangement; and 
cannot be a registered federal lobbyist.
    (2) The school board will recommend to the Director, DDESS, the 
number of elected school board voting members, which must be no fewer 
than three and no more than nine, depending upon local needs. The 
members of the school board will select by majority vote of the total 
number of school board members authorized at the beginning of each 
official school board term, one member to act as president and another 
to act as vice president.
    (i) The president and vice president will each serve for 1 year.
    (ii) The president will preside over school board meetings and 
provide leadership for related activities and functions.
    (iii) The vice president will serve in the absence of the 
president.
    (iv) If the position of president is vacated for any reason, the 
vice president will assume the position of president until the position 
is either vacated or the next annual/regularly-scheduled school board 
election, whichever occurs first.
    (v) The resulting vacancy in the position of the vice president 
will be filled by the majority vote of all members of the incumbent 
board.
    (3) School board members, with the exception of travel and per diem 
related to official school board business, may not receive compensation 
for their service on the school board.
    (4) School board members may not have any financial interest in any 
company or organization doing business with DDESS. Waivers to this 
restriction may be granted on a case-by-case basis by the Director, 
DDESS, in coordination with the Office of General Counsel of the DoDEA.
    (5) The DDESS arrangement superintendent will serve as a non-voting 
observer to all school board meetings.
    (6) The installation commander will:
    (i) Serve as a non-voting observer to the school board.
    (ii) Convey command concerns to the school board and the 
superintendent and keep the school board and the superintendent 
informed of changes and other matters within the host installation that 
affect school expenditures or operations.
    (c) School Board Electorate. School board members will be elected 
by parents of students who attend the school. Each parent will have one 
vote.
    (d) Election of School Board Members.
    (1) The superintendent, in consultation with the school board, will 
be responsible for developing the plans for nominating school board 
members and conducting the school board election and the special 
election process. The superintendent will

[[Page 13769]]

announce election results within 7 working days of the election.
    (2) The school board will determine a schedule for regular 
elections.
    (i) Parents will have adequate notice of the time and place of the 
election.
    (ii) Military members in a deployed or official tour of duty status 
at the time of the election may use email or other electronic means to 
cast a vote by absentee ballot, provided that the absentee ballot is 
received by the district superintendent prior to the close of the 
scheduled election.
    (iii) The superintendent must not disclose the particular vote of 
any absentee voter.
    (iv) All other votes must be cast in person by secret ballot at the 
time and place of the election.
    (v) The candidates(s) receiving the greatest number of votes will 
be elected as school board member(s).
    (3) Each candidate for school board membership must be nominated in 
writing by a member of the school board electorate. Votes may be cast 
at the time of election for a write-in candidate who has not filed a 
nomination petition if the write-in candidate is qualified to serve in 
the position sought.
    (4) The school board will determine the term of office for elected 
members, not to exceed 3 years, and the limit on the number of 
consecutive terms, if any. If the board fails to set these terms by the 
first day of the first full month of the school year, the terms will be 
set at 3 years, with a maximum of two consecutive terms.
    (5) When there is a sufficient number of school board vacancies 
that result in not having a quorum, a special election must be called 
by the superintendent.
    (i) The nomination and election procedures for a special election 
will be the same as those of regularly scheduled school board 
elections.
    (ii) Individuals elected by special election will serve until the 
next regularly scheduled school board election.
    (iii) Vacancies may occur due to the school board member's 
resignation, death, removal for cause, or transfer, or the 
disenrollment of a school board member's child(ren) from the DDESS 
arrangement.
    (6) The election process will provide staggered terms for board 
members (e.g., on the last day of the last month of each year, the term 
for some board members will expire).
    (e) School Board Operating Procedures.
    (1) The school board must operate from a written agenda at all 
meetings. Matters not placed on the agenda before the start of the 
meeting, but approved by a majority of the school board present, may be 
considered at the ongoing meeting and added to the agenda at that time.
    (2) A majority of the total number of school board members 
authorized will constitute a quorum.
    (3) School board meetings must be conducted a minimum of four times 
a year. The school board president consistent with government-wide 
guidelines concerning the timely announcement of public meetings, 
should notify the school board members and the public of the scheduled 
board meeting not less than 5 calendar days before the meeting is 
scheduled. School board meetings will generally be open to the public. 
Pursuant to 10 U.S.C. 2164(d)(6), a school board need not comply with 
the provisions of the Federal Advisory Committee Act, but may close 
meetings as permitted by the Act.
    (4) The school board will not be bound in any way by any action or 
statement of an individual member or group of members of the board, 
except when such action or statement is approved by a majority of the 
school board members during a meeting.
    (5) Elected school board members may be removed by the USD(P&R), 
for dereliction of duty, malfeasance, or other grounds for cause shown. 
This authority may not be delegated below the level of the ASD(M&RA).
    (i) The school board concerned may recommend such removal with a 
two-thirds majority vote.
    (ii) Before a school board member may be removed, the member must 
be afforded due process, to include written notification of the basis 
for the action, review of the evidence or documentation considered by 
the school board, and an opportunity to respond.

    Dated: March 8, 2016.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2016-05600 Filed 3-14-16; 8:45 am]
 BILLING CODE 5001-06-P



                                                                              Federal Register / Vol. 81, No. 50 / Tuesday, March 15, 2016 / Proposed Rules                                                 13765

                                                      on these figures, we estimate the total                 PART 39—AIRWORTHINESS                                 Los Angeles Aircraft Certification Office,
                                                      cost of this proposed AD on U.S.                        DIRECTIVES                                            FAA, Transport Airplane Directorate, 3960
                                                      operators to be $6,053,000.                                                                                   Paramount Blvd., Lakewood, CA 90712–
                                                                                                              ■ 1. The authority citation for part 39               4137; phone: 562–627–5246; fax: 562–627–
                                                      Authority for This Rulemaking                           continues to read as follows:                         5210; email: joseph.costa@faa.gov.
                                                         Title 49 of the United States Code                       Authority: 49 U.S.C. 106(g), 40113, 44701.          Issued in Burlington, Massachusetts, on
                                                      specifies the FAA’s authority to issue                                                                        March 4, 2016.
                                                      rules on aviation safety. Subtitle I,                   § 39.13   [Amended]
                                                                                                                                                                    Colleen M. D’Alessandro,
                                                      section 106, describes the authority of                 ■ 2. The FAA amends § 39.13 by adding                 Manager, Engine & Propeller Directorate,
                                                      the FAA Administrator. Subtitle VII:                    the following new airworthiness                       Aircraft Certification Service.
                                                      Aviation Programs, describes in more                    directive (AD):                                       [FR Doc. 2016–05704 Filed 3–14–16; 8:45 am]
                                                      detail the scope of the Agency’s                        Honeywell International Inc. (Type                    BILLING CODE 4910–13–P
                                                      authority.                                                 Certificate Previously Held by
                                                         We are issuing this rulemaking under                    AlliedSignal Inc., Garrett Engine
                                                      the authority described in Subtitle VII,                   Division; Garrett Turbine Engine
                                                                                                                 Company; and AiResearch                            DEPARTMENT OF DEFENSE
                                                      Part A, Subpart III, Section 44701:
                                                                                                                 Manufacturing Company of Arizona):
                                                      ‘‘General requirements.’’ Under that                                                                          Office of the Secretary
                                                                                                                 Docket No. FAA–2015–4866; Directorate
                                                      section, Congress charges the FAA with                     Identifier 2015–NE–33–AD.
                                                      promoting safe flight of civil aircraft in                                                                    32 CFR Part 69
                                                      air commerce by prescribing regulations                 (a) Comments Due Date
                                                      for practices, methods, and procedures                    We must receive comments by May 16,                 [Docket ID: DOD–2014–OS–0006]
                                                      the Administrator finds necessary for                   2016.                                                 RIN 0790–AJ18
                                                      safety in air commerce. This regulation                 (b) Affected ADs
                                                      is within the scope of that authority                                                                         School Boards for DoD Domestic
                                                                                                                None.
                                                      because it addresses an unsafe condition                                                                      Dependent Elementary and Secondary
                                                      that is likely to exist or develop on                   (c) Applicability                                     Schools (DDESS)
                                                      products identified in this rulemaking                     This AD applies to Honeywell
                                                      action.                                                 International Inc. (Honeywell) TPE331–3U,             AGENCY:  Under Secretary of Defense for
                                                                                                              –3UW, –5, –5A, –5AB, –5B, –6, –6A, –8, –10,           Personnel and Readiness, DoD.
                                                      Regulatory Findings                                     –10AV, –10GP, –10GT, –10N, –10P, –10R,                ACTION: Proposed rule.
                                                        We determined that this proposed AD                   –10T, –10U, –10UA, –10UF, –10UG,
                                                                                                              –10UGR, –10UR, and –11U model turboprop               SUMMARY:   This proposed rule
                                                      would not have federalism implications                  engines, and TSE331–3U model turboshaft               establishes policy, assigns
                                                      under Executive Order 13132. This                       engines, with a 2nd stage compressor                  responsibilities, and provides
                                                      proposed AD would not have a                            impeller, part number (P/N) 893482–1                  procedures for the establishment and
                                                      substantial direct effect on the States, on             through –5, inclusive, or P/N 3107056–1 or            operation of elected school boards for
                                                      the relationship between the national                   P/N 3107056–2, installed.
                                                                                                                                                                    elementary, middle and high schools
                                                      Government and the States, or on the                    (d) Unsafe Condition                                  operated by the DoD Education Activity
                                                      distribution of power and
                                                                                                                This AD was prompted by the discovery of            in the Continental United States and the
                                                      responsibilities among the various
                                                                                                              cracks in a 2nd stage compressor impeller             Territories, Possessions and
                                                      levels of government.                                   during a routine shop visit. We are issuing           Commonwealths. Specific direction is
                                                        For the reasons discussed above, I                    this AD to prevent failure of the compressor          given to facilitate compliance with 10
                                                      certify this proposed regulation:                       impeller, uncontained part release, damage to         U.S.C. 2164(d), as implemented by DoD
                                                        (1) Is not a ‘‘significant regulatory                 the engine, and damage to the airplane.               Instruction 1342.25, regarding the
                                                      action’’ under Executive Order 12866,                   (e) Compliance                                        election of board members,
                                                        (2) Is not a ‘‘significant rule’’ under                  Comply with this AD within the                     composition, roles and responsibilities,
                                                      the DOT Regulatory Policies and                         compliance times specified, unless already            operating procedures and resolution of
                                                      Procedures (44 FR 11034, February 26,                   done.                                                 conflicts.
                                                      1979),                                                     (1) Remove from service the 2nd stage              DATES: Comments must be received by
                                                        (3) Will not affect intrastate aviation               compressor impeller within 200 cycles-in-             May 16, 2016.
                                                                                                              service after the effective date of the AD, or
                                                      in Alaska to the extent that it justifies                                                                     ADDRESSES: You may submit comments,
                                                                                                              before exceeding 7,000 cycles since last
                                                      making a regulatory distinction, and                    overhaul, whichever occurs later.                     identified by docket number or
                                                        (4) Will not have a significant                                                                             Regulatory Information Number (RIN)
                                                      economic impact, positive or negative,                  (f) Installation Prohibition
                                                                                                                                                                    number and title, by any of the
                                                      on a substantial number of small entities                  After the effective date of this AD, do not        following methods:
                                                      under the criteria of the Regulatory                    install a 2nd stage compressor impeller, part           • Federal Rulemaking Portal: http://
                                                      Flexibility Act.                                        number (P/N) 893482–1 through –5,
                                                                                                              inclusive, or P/N 3107056–1 or P/N
                                                                                                                                                                    www.regulations.gov. Follow the
                                                      List of Subjects in 14 CFR Part 39                      3107056–2 into any engine.                            instructions for submitting comments.
                                                                                                                                                                      • Mail: Department of Defense, Office
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                                                        Air transportation, Aircraft, Aviation                (g) Alternative Methods of Compliance                 of the Deputy Chief Management
                                                      safety, Incorporation by reference,                     (AMOCs)                                               Officer, Directorate of Oversight and
                                                      Safety.                                                    The Manager, Los Angeles Aircraft                  Compliance, Regulatory and Audit
                                                                                                              Certification Office, FAA, may approve                Matters Office, 9010 Defense Pentagon,
                                                      The Proposed Amendment                                  AMOCs for this AD. Use the procedures                 Washington, DC 20301–9010.
                                                                                                              found in 14 CFR 39.19 to make your request.
                                                        Accordingly, under the authority                                                                              Instructions: All submissions received
                                                      delegated to me by the Administrator,                   (h) Related Information                               must include the agency name and
                                                      the FAA proposes to amend 14 CFR part                     (1) For more information about this AD,             docket number or RIN for this Federal
                                                      39 as follows:                                          contact Joseph Costa, Aerospace Engineer,             Register document. The general policy


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                                                      13766                   Federal Register / Vol. 81, No. 50 / Tuesday, March 15, 2016 / Proposed Rules

                                                      for comments and other submissions                      affecting the establishment of school                 mandates, the President’s priorities, or
                                                      from members of the public is to make                   boards in Puerto Rico and Guam.                       the principles set forth in these
                                                      these submissions available for public                                                                        Executive Orders.
                                                                                                              III. Costs and Benefits
                                                      viewing on the Internet at http://
                                                                                                                 There are no additional costs                      Sec. 202, Public Law 104–4, ‘‘Unfunded
                                                      www.regulations.gov as they are
                                                                                                              associated with the implementation of                 Mandates Reform Act’’
                                                      received without change, including any
                                                      personal identifiers or contact                         this rule. This is a revised rule which                  Section 202 of the Unfunded
                                                      information.                                            provides updated guidance and                         Mandates Reform Act of 1995 (UMRA)
                                                                                                              clarification of the language in the                  (Pub. L. 104–4) requires agencies assess
                                                      FOR FURTHER INFORMATION CONTACT:
                                                                                                              statute. The establishment and                        anticipated costs and benefits before
                                                      Marsha Jacobson, 571–372–1900.                          operation of elected school boards for                issuing any rule whose mandates
                                                      SUPPLEMENTARY INFORMATION:    The                       elementary, middle and high schools                   require spending in any 1 year of $100
                                                      revisions to this proposed rule will be                 operated by the DoD Education Activity                million in 1995 dollars, updated
                                                      reported in future status updates as part               on military installations in the United               annually for inflation. In 2014, that
                                                      of DoD’s retrospective plan under                       States (including the territories,                    threshold is approximately $141
                                                      Executive Order 13563 completed in                      commonwealths, and possessions of the                 million. This document will not
                                                      August 2011. DoD’s full plan can be                     United States) remain the same. School                mandate any requirements for State,
                                                      accessed at: http://www.regulations.gov/                Boards are elected by the parents of                  local, or tribal governments, nor will it
                                                      #!docketDetail;D=DOD-2011-OS-0036.                      students attending the DoD schools.                   affect private sector costs.
                                                      Executive Summary                                       School Board members do not receive
                                                                                                                                                                    Public Law 96–354, ‘‘Regulatory
                                                                                                              any monetary compensation for their
                                                      I. Purpose of the Regulatory Action                                                                           Flexibility Act’’ (5 U.S.C. 601)
                                                                                                              services. Board members voluntarily
                                                        a. Purpose. The Department of                         serve as the conduit between the parents                The Department of Defense certifies
                                                      Defense has many DoD Domestic                           of students attending the DoD schools                 that this proposed rule is not subject to
                                                      Dependent Elementary and Secondary                      and the DoDEA District Superintendent                 the Regulatory Flexibility Act (5 U.S.C.
                                                      Schools (DDESS) that require school                     who is responsible for overseeing the                 601) because it would not, if
                                                      boards to carry out the responsibilities                operation of the schools. The costs, if               promulgated, have a significant
                                                      and procedures described in this                        any, are only incidental costs. The rule              economic impact on a substantial
                                                      proposed rule.                                          primarily clarifies and updates existing              number of small entities. Therefore, the
                                                        b. Succinct statement of legal                        activities with respect to School Board               Regulatory Flexibility Act, as amended,
                                                      authority for the regulatory action.                    operations.                                           does not require us to prepare a
                                                                                                                                                                    regulatory flexibility analysis.
                                                        Congress directed the Secretary of                    Regulatory Procedures
                                                      Defense to provide for the establishment                                                                      Public Law 96–511, ‘‘Paperwork
                                                      of school boards at DDESS schools                       Executive Order 12866, ‘‘Regulatory                   Reduction Act’’ (44 U.S.C. Chapter 35)
                                                      established under the authority of 10                   Planning and Review’’ and Executive
                                                                                                              Order 13563, ‘‘Improving Regulation                     It has been certified that 32 CFR part
                                                      U.S.C. 2164. Pursuant to that direction,                                                                      69 does not impose reporting or
                                                      the Secretary of Defense issued DoD                     and Regulatory Review’’
                                                                                                                                                                    recordkeeping requirements under the
                                                      Instruction 1342.25, School Boards for                     Executive Orders 13563 and 12866                   Paperwork Reduction Act of 1995.
                                                      Department of Defense Domestic                          direct agencies to assess all costs and
                                                      Dependent Elementary and Secondary                      benefits of available regulatory                      Executive Order 13132, ‘‘Federalism’’
                                                      Schools (DDESS), dated October 30,                      alternatives and, if regulation is                      Executive Order 13132 establishes
                                                      1996. This rule updates and revises the                 necessary, to select regulatory                       certain requirements that an agency
                                                      instruction in accordance with the                      approaches that maximize net benefits                 must meet when it promulgates a
                                                      changes to 10 U.S.C. 2164.                              (including potential economic,                        proposed rule (and subsequent final
                                                      II. Summary of the Major Provisions of                  environmental, public health and safety               rule) that imposes substantial direct
                                                      the Regulatory Action in Question                       effects, distribute impacts, and equity).             requirement costs on State and local
                                                                                                              Executive Order 13563 emphasizes the                  governments, preempts State law, or
                                                        The major provisions of this                          importance of quantifying both costs                  otherwise has Federalism implications.
                                                      regulatory action include:                              and benefits, of reducing costs, of                   This proposed rule will not have a
                                                        a. Providing a list of the duties and                 harmonizing rules, and of promoting                   substantial effect on State and local
                                                      responsibilities school board members                   flexibility. It has been determined that              governments.
                                                      will perform.                                           this rule is not a significant regulatory
                                                        b. Describing the process of voting                   action. The rule does not: (1) Have an                List of Subjects in 32 CFR Part 69
                                                      and electing school board members.                      annual effect on the economy of $100                    Elementary and secondary education,
                                                        c. Details the school board operating                 million or more or adversely affect in a              Government employees, and Military
                                                      procedures, including written agendas,                  material way the economy; a section of                personnel.
                                                      possible removal of school board                        the economy; productivity; competition;                 Accordingly 32 CFR part 69 is
                                                      members by USD(P&R), reimbursement                      jobs; the environment; public health or               proposed to be revised to read as
                                                      for official travel, among other                        safety; or State, local, or tribal                    follows:
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                                                      procedures discussed in this rule. The                  governments or communities; (2) Create                Sec.
                                                      vast majority of the duties and                         a serious inconsistency or otherwise                  69.1     Purpose.
                                                      responsibilities of school board                        interfere with an action taken or                     69.2     Applicability.
                                                      members and the board operating                         planned by another Agency; (3)                        69.3     Definitions.
                                                      procedures are unchanged, but several                   Materially alter the budgetary impact of              69.4     Policy.
                                                      duties have been revised in accordance                  entitlements, grants, user fees, or loan              69.5     Responsibilities.
                                                      with various policy changes and legal                   programs, or the rights and obligations               69.6     Procedures.
                                                      limitations. In addition, one of the                    of recipients thereof; or (4) Raise novel               Authority: 5 U.S.C. Appendix, 10 U.S.C.
                                                      changes is due to the statutory change                  legal or policy issues arising out of legal           1783 and 2164.



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                                                                                Federal Register / Vol. 81, No. 50 / Tuesday, March 15, 2016 / Proposed Rules                                         13767

                                                      PART 69—SCHOOL BOARDS FOR                               local public education agency for the                  Defense for Manpower and Reserve
                                                      DOD DOMESTIC DEPENDENT                                  educational services provided.                         Affairs (ASD(M&RA)) makes the final
                                                      ELEMENTARY AND SECONDARY                                  Parent. The biological father or                     decision on all formal appeals to
                                                      SCHOOLS (DDESS)                                         mother of a child when parental rights                 directives and other guidance submitted
                                                                                                              have not been legally terminated; a                    by the school board or superintendent.
                                                      § 69.1   Purpose.                                       person who, by order of a court of                       (b) Under the authority, direction, and
                                                        This part establishes policy, assigns                 competent jurisdiction, has been                       control of the ASD(M&RA), the Director,
                                                      responsibilities, and provides                          declared the father or mother of a child               DoD Education Activity (DoDEA),
                                                      procedures for the establishment and                    by adoption; the legal guardian of a                   oversees DDESS arrangements and
                                                      operation of elected school boards for                  child; or a person in whose household                  ensures implementation of the
                                                      schools operated by the DoD in                          a child resides, provided that such a                  procedures in § 69.6.
                                                      accordance with 10 U.S.C. 2164.                         person stands in loco parentis to that
                                                                                                              child and contributes at least one-half of             § 69.6   Procedures.
                                                      § 69.2   Applicability.
                                                                                                              the child’s support.                                     (a) Implementation.
                                                         This part:                                             Quorum. A majority of the total                        (1) The Director, DDESS, will:
                                                         (a) Applies to:                                      number of school board members                           (i) Oversee the establishment of
                                                         (1) Office of the Secretary of Defense,              authorized on the particular school                    elected school boards in DDESS
                                                      the Military Departments, the Office of                 board.                                                 arrangements, which, pursuant to 10
                                                      the Chairman of the Joint Chiefs of Staff                 Special election. A special election is              U.S.C. 2164(d)(6), need not comply with
                                                      and the Joint Staff, the Combatant                      an election that is held between the                   the provisions of 5 U.S.C. Appendix,
                                                      Commands, the Office of the Inspector                   regularly scheduled annual school                      also known and referred to in this part
                                                      General of the Department of Defense,                   board elections.                                       as ‘‘The Federal Advisory Committee
                                                      the Defense Agencies, the DoD Field                                                                            Act of 1972,’’ as amended.
                                                      Activities, and all other organizational                § 69.4   Policy.
                                                                                                                                                                       (ii) Monitor compliance by the
                                                      entities within the DoD.                                   It is DoD policy that:                              superintendents and school boards with
                                                         (2) Schools (pre-kindergarten through                   (a) Except for the Commonwealth of                  applicable statutory and regulatory
                                                      grade 12) operated by the DoD in                        Puerto Rico (referred to in this part as               requirements and this part. In the event
                                                      accordance with DoD Directive 1342.20,                  ‘‘Puerto Rico’’) and the Territory of                  of suspected noncompliance, take
                                                      ‘‘Department of Defense Education                       Guam (referred to in this part as                      appropriate action, which includes
                                                      Activity (DoDEA)’’ (available at http://                ‘‘Guam’’), each DDESS arrangement                      notifying the superintendent and the
                                                      www.dtic.mil/whs/directives/corres/pdf/                 must have an elected school board                      school board president of the affected
                                                      134220p.pdf), and 10 U.S.C. 2164                        established and operated in accordance                 DDESS arrangement.
                                                      within the United States and U.S.                       with DoD Directive 1342.20 and 10
                                                                                                                                                                       (iii) Determine when the actions of a
                                                      territories, possessions, and                           U.S.C. 2164, and this part. One school
                                                                                                                                                                     school board conflict with an applicable
                                                      commonwealths.                                          board may be established for all such
                                                                                                                                                                     statute, regulation, or other guidance or
                                                         (b) Does not apply to elected school                 schools in Puerto Rico and in Guam.
                                                                                                                                                                     when there is a conflict in the views of
                                                      boards established under State or local                    (b) Because members of DDESS
                                                                                                                                                                     the school board and the
                                                      law for DDESS special arrangements.                     elected school boards, when acting in
                                                                                                                                                                     superintendent. When such conflicts
                                                                                                              the capacity as a school board member,
                                                      § 69.3   Definitions.                                                                                          occur, assist the superintendent and the
                                                                                                              are not U.S. Government employees or
                                                        Unless otherwise noted, these terms                                                                          school board in resolving them, or direct
                                                                                                              members of the military, they may not
                                                      and their definitions are for the                                                                              that such actions be discontinued. Such
                                                                                                              exercise discretionary governmental
                                                      purposes of this part.                                                                                         disapprovals must be in writing to the
                                                                                                              authority such as taking personnel
                                                        Arrangements. Actions taken by the                                                                           school board and the superintendent
                                                                                                              actions or establishing governmental
                                                      Secretary of Defense to provide a free                                                                         concerned and must state the specific
                                                                                                              policies, or perform other inherently
                                                      public education to dependent children                                                                         supporting reason or reasons.
                                                                                                              governmental functions.
                                                      of active duty military members and                        (c) The DDESS chain of supervision                    (2) School board members will:
                                                      civilian employees of the Federal                       within DDESS for matters relating to                     (i) Participate in the development and
                                                      Government in accordance with 10                        DDESS arrangements operated in                         oversight of fiscal, personnel, and
                                                      U.S.C. 2164 through DDESS                               accordance with DoD Directive 1342.20                  educational policies, procedures, and
                                                      arrangements or DDESS special                           and 10 U.S.C. 2164 will be from the                    programs for the DDESS arrangement
                                                      arrangements.                                           Director, DDESS, to the superintendent                 concerned, consistent with this part.
                                                        DDESS arrangement. An agreement                       of each DDESS arrangement. The                           (ii) Approve agendas and prepare
                                                      whereby a school operated by the DoD                    superintendent will inform the school                  minutes for school board meetings. A
                                                      under DoD Directive 1342.20 and 10                      board of all matters affecting the                     copy of the approved minutes of school
                                                      U.S.C. 2164 provides a free public                      operation of the DDESS arrangement.                    board meetings will be forwarded to the
                                                      education for eligible children.                        Direct liaison among the school board,                 Director, DDESS, within 10 working
                                                        DDESS special arrangement. An                         the Director, DDESS, and the                           days after the date the minutes are
                                                      agreement made in accordance with 10                    superintendent is authorized for all                   approved.
                                                      U.S.C. 2164 between the Secretary of                                                                             (iii) Advise the Director, DDESS, in
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                                                                                                              matters pertaining to the DDESS
                                                      Defense, and a local education agency                   arrangement.                                           competitively filling any superintendent
                                                      whereby a school or a school system                                                                            vacancy.
                                                      operated by the local education agency                  § 69.5   Responsibilities.                               (A) If the Director, DDESS, decides
                                                      or private education agency provides                      (a) Under the authority, direction, and              not to fill a superintendent vacancy, or
                                                      educational services to eligible                        control of the Under Secretary of                      to fill a vacancy through internal
                                                      dependent children of active duty                       Defense for Personnel and Readiness                    reassignment, school board members
                                                      military members and full time DoD                      (USD(P&R)), unless otherwise directed                  will be provided the opportunity for
                                                      civilian employees. Arrangements result                 by statute, Presidential directive, or DoD             written comment to the Director,
                                                      in partial or total federal funding to the              policy, the Assistant Secretary of                     DDESS, on this issue and final


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                                                      13768                   Federal Register / Vol. 81, No. 50 / Tuesday, March 15, 2016 / Proposed Rules

                                                      determination will be made by the                          (C) Provisions for publishing an                   elected school board voting members,
                                                      Director, DDESS.                                        annual school calendar.                               which must be no fewer than three and
                                                         (B) If the Director, DDESS, elects to                   (D) Provisions on instructional                    no more than nine, depending upon
                                                      fill a superintendent vacancy                           services, including policies to develop               local needs. The members of the school
                                                      competitively, each school board in the                 and adopt curriculum and textbooks.                   board will select by majority vote of the
                                                      respective school district may, at the                     (E) Regulations affecting students,                total number of school board members
                                                      school board’s discretion, provide one                  including attendance, grading,                        authorized at the beginning of each
                                                      school board representative (i.e., the                  promotion, retention, and graduation                  official school board term, one member
                                                      school board president) to participate as               criteria, and the student code of rights,             to act as president and another to act as
                                                      a member of the DDESS Director’s                        responsibilities, and conduct.                        vice president.
                                                      selection panel. The school board                          (F) School policy on community                        (i) The president and vice president
                                                      representative to a selection panel must                relations and non-instructional services,             will each serve for 1 year.
                                                      be either a full-time or permanent part-                including maintenance and custodial                      (ii) The president will preside over
                                                      time government employee, a military                    services, food services, and student                  school board meetings and provide
                                                      member, or a member of a military                       transportation.                                       leadership for related activities and
                                                      family, so that the selection panel will                   (G) School policy and legal limits on              functions.
                                                      not be considered an advisory                           financial operations, including                          (iii) The vice president will serve in
                                                      committee pursuant to the Federal                       accounting, disbursing, contracting, and              the absence of the president.
                                                      Advisory Committee Act and 10 U.S.C.                    procurement; personnel operations,                       (iv) If the position of president is
                                                      1783.                                                   including conditions of employment                    vacated for any reason, the vice
                                                         (C) In advising the Director, DDESS,                 and labor management regulations; and                 president will assume the position of
                                                      the selection panel will provide advice                 the processing of, and response to,                   president until the position is either
                                                      to the Director, DDESS, by reviewing                    complaints.                                           vacated or the next annual/regularly-
                                                      applications for the superintendent                        (H) Procedures providing for new                   scheduled school board election,
                                                      vacancy, preparing a list of qualified                  school board member orientation.                      whichever occurs first.
                                                      candidates, interviewing candidates,                       (I) Any other matters the school board                (v) The resulting vacancy in the
                                                      and ranking the list of recommended                     and the superintendent determine to be                position of the vice president will be
                                                      candidates for the DDESS Director’s                     necessary.                                            filled by the majority vote of all
                                                      selection.                                                 (x) Prepare and submit formal appeals
                                                                                                                                                                    members of the incumbent board.
                                                                                                              to directives and other guidance that, in
                                                         (iv) Prepare and provide to the                                                                               (3) School board members, with the
                                                                                                              the view of the school board, adversely
                                                      Director, DDESS, an annual written                                                                            exception of travel and per diem related
                                                                                                              impact the operation of the DDESS
                                                      review of the superintendent’s                                                                                to official school board business, may
                                                                                                              either through the operation and
                                                      performance based on established                                                                              not receive compensation for their
                                                                                                              management of DDESS or a specific
                                                      critical elements. This advisory review                                                                       service on the school board.
                                                                                                              DDESS arrangement in accordance with
                                                      may be provided to the superintendent                                                                            (4) School board members may not
                                                                                                              10 U.S.C. 2164.
                                                      or inserted into the final comments of                                                                        have any financial interest in any
                                                                                                                 (A) Written formal appeals with
                                                      the performance review.                                                                                       company or organization doing business
                                                                                                              justification and supporting
                                                         (v) Participate in the development of                                                                      with DDESS. Waivers to this restriction
                                                                                                              documentation must be submitted by
                                                      the district’s budget to submit to the                                                                        may be granted on a case-by-case basis
                                                                                                              the school board or superintendent to
                                                      Director, DDESS, for his or her approval.                                                                     by the Director, DDESS, in coordination
                                                                                                              the ASD(M&RA).
                                                      Oversee the approved budget, in                            (B) The ASD(M&RA) will make the                    with the Office of General Counsel of
                                                      conjunction with the superintendent, as                 final decision on all formal appeals on               the DoDEA.
                                                      appropriate for operation of the school                 matters pertaining to his or her charter                 (5) The DDESS arrangement
                                                      arrangement.                                            directive.                                            superintendent will serve as a non-
                                                         (vi) Invite the superintendent to                       (C) The Director, DDESS, will provide              voting observer to all school board
                                                      attend all school board meetings.                       the appealing body a written review of                meetings.
                                                         (vii) Provide advice to the                          the findings relating to the merits of the               (6) The installation commander will:
                                                      superintendent on the operation of the                  appeal.                                                  (i) Serve as a non-voting observer to
                                                      schools and the implementation of the                      (D) Formal appeals will be handled                 the school board.
                                                      approved budget.                                        expeditiously by all parties to minimize                 (ii) Convey command concerns to the
                                                         (viii) Channel communications with                   any adverse impact on the operation of                school board and the superintendent
                                                      school employees to the superintendent.                 the DDESS arrangement.                                and keep the school board and the
                                                      Refer all applications, complaints, and                    (xi) Enforce school board operating                superintendent informed of changes and
                                                      other communications, oral or written,                  procedures.                                           other matters within the host
                                                      to the superintendent.                                     (b) Composition of the School Board.               installation that affect school
                                                         (ix) Participate in the development of                  (1) To be a school board member, an                expenditures or operations.
                                                      school policies, rules, and regulations in              individual must be a resident of the                     (c) School Board Electorate. School
                                                      conjunction with the superintendent,                    military installation at which the                    board members will be elected by
                                                      and recommend which policies will be                    DDESS arrangement is located or, in the               parents of students who attend the
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                                                      reflected in the school policy manual.                  case of candidates for school boards in               school. Each parent will have one vote.
                                                      The school policy manual, which will                    Puerto Rico and Guam, be the parent of                   (d) Election of School Board Members.
                                                      be issued by the superintendent, may                    an eligible child currently enrolled in                  (1) The superintendent, in
                                                      include:                                                the DDESS arrangement; cannot be                      consultation with the school board, will
                                                         (A) A statement of the school                        employed by the DDESS arrangement;                    be responsible for developing the plans
                                                      philosophy.                                             and cannot be a registered federal                    for nominating school board members
                                                         (B) The roles and responsibilities of                lobbyist.                                             and conducting the school board
                                                      school administrative and educational                      (2) The school board will recommend                election and the special election
                                                      personnel.                                              to the Director, DDESS, the number of                 process. The superintendent will


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                                                                              Federal Register / Vol. 81, No. 50 / Tuesday, March 15, 2016 / Proposed Rules                                          13769

                                                      announce election results within 7                      a majority of the school board present,               DEPARTMENT OF THE INTERIOR
                                                      working days of the election.                           may be considered at the ongoing
                                                         (2) The school board will determine a                meeting and added to the agenda at that               Fish and Wildlife Service
                                                      schedule for regular elections.                         time.
                                                         (i) Parents will have adequate notice                                                                      50 CFR Part 91
                                                      of the time and place of the election.                     (2) A majority of the total number of
                                                                                                              school board members authorized will                  [Docket No. FWS–HQ–MB–2015–0161;
                                                         (ii) Military members in a deployed or                                                                     FXMB12330900000//167//FF09M13200]
                                                      official tour of duty status at the time of             constitute a quorum.
                                                      the election may use email or other                        (3) School board meetings must be                  RIN 1018–BB23
                                                      electronic means to cast a vote by                      conducted a minimum of four times a
                                                      absentee ballot, provided that the                      year. The school board president                      Revision of Federal Migratory Bird
                                                      absentee ballot is received by the                                                                            Hunting and Conservation Stamp
                                                                                                              consistent with government-wide
                                                      district superintendent prior to the close                                                                    (Duck Stamp) Contest Regulations
                                                                                                              guidelines concerning the timely
                                                      of the scheduled election.                              announcement of public meetings,                      AGENCY:   Fish and Wildlife Service,
                                                         (iii) The superintendent must not                    should notify the school board members                Interior.
                                                      disclose the particular vote of any                     and the public of the scheduled board                 ACTION: Proposed rule; extension of
                                                      absentee voter.                                         meeting not less than 5 calendar days                 comment period.
                                                         (iv) All other votes must be cast in
                                                                                                              before the meeting is scheduled. School
                                                      person by secret ballot at the time and                                                                       SUMMARY:   We, the U.S. Fish and
                                                                                                              board meetings will generally be open to
                                                      place of the election.                                                                                        Wildlife Service (Service), are extending
                                                         (v) The candidates(s) receiving the                  the public. Pursuant to 10 U.S.C.
                                                                                                                                                                    the comment period for our February
                                                      greatest number of votes will be elected                2164(d)(6), a school board need not
                                                                                                                                                                    11, 2016, proposed rule to change the
                                                      as school board member(s).                              comply with the provisions of the
                                                                                                                                                                    regulations governing the annual
                                                         (3) Each candidate for school board                  Federal Advisory Committee Act, but
                                                                                                                                                                    Migratory Bird Hunting and
                                                      membership must be nominated in                         may close meetings as permitted by the                Conservation Stamp Contest (also
                                                      writing by a member of the school board                 Act.                                                  known as the Federal Duck Stamp
                                                      electorate. Votes may be cast at the time                  (4) The school board will not be                   Contest). This action will allow
                                                      of election for a write-in candidate who                bound in any way by any action or                     interested persons additional time to
                                                      has not filed a nomination petition if the              statement of an individual member or                  comment on the proposal. Comments
                                                      write-in candidate is qualified to serve                group of members of the board, except                 previously submitted need not be
                                                      in the position sought.                                 when such action or statement is                      resubmitted as they will be fully
                                                         (4) The school board will determine                  approved by a majority of the school                  considered in preparation of the final
                                                      the term of office for elected members,                                                                       rule.
                                                                                                              board members during a meeting.
                                                      not to exceed 3 years, and the limit on
                                                      the number of consecutive terms, if any.                   (5) Elected school board members                   DATES:  The comment period for the
                                                      If the board fails to set these terms by                may be removed by the USD(P&R), for                   proposed rule published in the Federal
                                                      the first day of the first full month of the            dereliction of duty, malfeasance, or                  Register on February 11, 2016 (81 FR
                                                      school year, the terms will be set at 3                 other grounds for cause shown. This                   7279), is extended. We will accept
                                                      years, with a maximum of two                            authority may not be delegated below                  comments from all interested parties
                                                      consecutive terms.                                      the level of the ASD(M&RA).                           until March 21, 2016. Comments
                                                         (5) When there is a sufficient number                                                                      submitted electronically using the
                                                                                                                 (i) The school board concerned may                 Federal eRulemaking Portal (see
                                                      of school board vacancies that result in                recommend such removal with a two-
                                                      not having a quorum, a special election                                                                       ADDRESSES, below), must be received by
                                                                                                              thirds majority vote.                                 11:59 p.m. Eastern Time on the closing
                                                      must be called by the superintendent.
                                                         (i) The nomination and election                         (ii) Before a school board member                  date.
                                                      procedures for a special election will be               may be removed, the member must be                    ADDRESSES:
                                                      the same as those of regularly scheduled                afforded due process, to include written                 Document availability: You may
                                                      school board elections.                                 notification of the basis for the action,             obtain a copy of the proposed rule on
                                                         (ii) Individuals elected by special                  review of the evidence or                             the Internet at http://
                                                      election will serve until the next                      documentation considered by the school                www.regulations.gov at Docket No.
                                                      regularly scheduled school board                        board, and an opportunity to respond.                 FWS–HQ–MB–2015–0161.
                                                      election.                                                                                                        Comment submission: You may
                                                                                                                Dated: March 8, 2016.                               submit comments by one of the
                                                         (iii) Vacancies may occur due to the
                                                      school board member’s resignation,                      Aaron Siegel,                                         following methods:
                                                      death, removal for cause, or transfer, or               Alternate OSD Federal Register Liaison                   • Electronically: Go to the Federal
                                                      the disenrollment of a school board                     Officer, Department of Defense.                       eRulemaking Portal: http://
                                                      member’s child(ren) from the DDESS                      [FR Doc. 2016–05600 Filed 3–14–16; 8:45 am]           www.regulations.gov. In the Search box,
                                                      arrangement.                                            BILLING CODE 5001–06–P                                enter FWS–HQ–MB–2015–0161, which
                                                         (6) The election process will provide                                                                      is the docket number for this
                                                      staggered terms for board members (e.g.,                                                                      rulemaking. Then click on the Search
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      on the last day of the last month of each                                                                     button. On the resulting page, in the
                                                      year, the term for some board members                                                                         Search panel on the left side of the
                                                      will expire).                                                                                                 screen, under the Document Type
                                                         (e) School Board Operating                                                                                 heading, click on the Proposed Rules
                                                      Procedures.                                                                                                   link to locate the document. You may
                                                         (1) The school board must operate                                                                          submit a comment by clicking on
                                                      from a written agenda at all meetings.                                                                        ‘‘Comment Now!’’
                                                      Matters not placed on the agenda before                                                                          • By hard copy: Submit by U.S. mail
                                                      the start of the meeting, but approved by                                                                     or hand delivery to: Public Comments


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Document Created: 2016-03-15 04:06:49
Document Modified: 2016-03-15 04:06:49
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 May 16, 2016.
ContactMarsha Jacobson, 571-372-1900.
FR Citation81 FR 13765 
RIN Number0790-AJ18
CFR AssociatedElementary and Secondary Education; Government Employees and Military Personnel

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