81 FR 78911 - Law Enforcement Reporting

DEPARTMENT OF DEFENSE
Department of the Army

Federal Register Volume 81, Issue 218 (November 10, 2016)

Page Range		78911-78912
FR Document		2016-27165

The Department of the Army is amending its Law Enforcement Regulation. Specifically, Army is clarifying language for contractors who are required to register as sex offenders on Army installations. This change will allow the Department to collect information from registered sex offenders in accordance with their contract requirements. This ensures contractors meet the government requirements under the terms and conditions of the contract.

Federal Register, Volume 81 Issue 218 (Thursday, November 10, 2016)

[Federal Register Volume 81, Number 218 (Thursday, November 10, 2016)]
[Rules and Regulations]
[Pages 78911-78912]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27165]


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DEPARTMENT OF DEFENSE

Department of the Army

32 CFR Part 635

RIN 0702-AA75
[Docket No. USA-2016-HQ-0033]


Law Enforcement Reporting

AGENCY: Department of the Army, DoD.

ACTION: Direct final rule.

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SUMMARY: The Department of the Army is amending its Law Enforcement 
Regulation. Specifically, Army is clarifying language for contractors 
who are required to register as sex offenders on Army installations. 
This change will allow the Department to collect information from 
registered sex offenders in accordance with their contract 
requirements. This ensures contractors meet the government requirements 
under the terms and conditions of the contract.

DATES: The rule will be effective on December 15, 2016 unless comments 
are received that would result in a contrary determination. Comments 
will be accepted on or before December 12, 2016.

ADDRESSES: You may submit comments, identified by docket number and/or 
RIN number and title, by any of the following methods:
     Federal Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Department of Defense, Office of the Deputy Chief 
Management Officer, Directorate for Oversight and Compliance, 4800 Mark 
Center Drive, Mailbox #24, Alexandria, VA 22350-1700.
    Instructions: All submissions received must include the agency name 
and docket number or Regulatory Information Number (RIN) for this 
Federal Register document. The general policy for comments and other 
submissions from members of the public is to make these submissions 
available for public viewing on the Internet at http://www.regulations.gov as they are received without change, including any 
personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Ms. Katherine Brennan, (703) 692-6721.

SUPPLEMENTARY INFORMATION: This direct final rule makes changes to the 
Department of the Army's Law Enforcement Reporting rule which published 
in the Federal Register on March 29, 2016 (81 FR 17385).
    DoD has determined this rulemaking meets the criteria for a direct 
final rule because it involves a change that clarifies language for 
contractors who are required to register as sex offenders on Army 
installations per the requirements of their contracts. DoD expects no 
opposition to the changes and no significant adverse comments. However, 
if DoD receives a significant adverse comment, the Department will 
withdraw this direct final rule by publishing a notice in the Federal 
Register. A significant adverse comment is one that explains: (1) Why 
the direct final rule is inappropriate, including challenges to the 
rule's underlying premise or approach; or (2) why the direct final rule 
will be ineffective or unacceptable without a change. In determining 
whether a comment necessitates withdrawal of this direct final rule, 
DoD will consider whether it warrants a substantive response in a 
notice and comment process.

Executive Summary

    This rule provides policies and procedures for Army's 
implementation of Law Enforcement Reporting. The authority citation is 
28 U.S.C. 534, 42 U.S.C. 10601, 18 U.S.C. 922, 10 U.S.C. 1562, 10 
U.S.C. Chap. 47, 42 U.S.C. 16901 et seq., 10 U.S.C. 1565, 42 U.S.C. 
14135a.
    The Army is clarifying language for contractors who are required to 
register as sex offenders on Army installations.
    This regulatory action imposes no monetary costs to the Agency or 
public. The benefit to the public is the Army law enforcement community 
is ensuring the safety and security of the Army installations by 
ensuring sex offenders required to register are complying with their 
registration requirements.

Regulatory Procedures

A. Regulatory Flexibility Act

    The Department of the Army has certified that the Regulatory 
Flexibility Act does not apply because the rule does not have a 
significant economic impact on a substantial number of small entities 
within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601-612.

B. Unfunded Mandates Reform Act

    The Department of the Army has determined that the Unfunded 
Mandates Reform Act does not apply because the rule does not include a 
mandate that may result in estimated costs to State, local or tribal 
governments in the aggregate, or the private sector, of $100 million or 
more.

C. National Environmental Policy Act

    The Department of the Army has determined that the National

[[Page 78912]]

Environmental Policy Act does not apply because the rule does not have 
an adverse impact on the environment.

D. Paperwork Reduction Act

    It has been certified that this rule does impose reporting or 
recordkeeping requirements under the Paperwork Reduction Act of 1995. 
OMB has approved these requirements under OMB Control Number 0702-0128.

E. Executive Order 12630 (Government Actions and Interference With 
Constitutionally Protected Property Rights)

    The Department of the Army has determined that Executive Order 
12630 does not apply because the rule does not impair private property 
rights.

F. Executive Order 12866 (Regulatory Planning and Review) and Executive 
Order 13563 (Improving Regulation and Regulatory Review)

    The Department of the Army has determined that according to the 
criteria defined in Executive Order 12866 and Executive Order 13563, 
this rule is not a significant regulatory action.

G. Executive Order 13045 (Protection of Children From Environmental 
Health Risk and Safety Risks)

    The Department of the Army has determined that the criteria of 
Executive Order 13045 do not apply because this rule does not implement 
or require actions impacting environmental health and safety risks on 
children.

H. Executive Order 13132 (Federalism)

    The Department of the Army has determined that the criteria of 
Executive Order 13132 do not apply because this rule will not have a 
substantial effect on the States, on the relationship between the 
national government and the States, or on the distribution of power and 
responsibilities among the various levels of government.

List of Subjects in 32 CFR Part 635

    Crime, Law, Law enforcement, Law enforcement officers, Military 
law.

    For reasons stated in the preamble the Department of the Army 
amends 32 CFR part 635 as follows:

PART 635--LAW ENFORCEMENT REPORTING

0
1. The authority citation for part 635 continues to read as follows:

    Authority: 28 U.S.C. 534, 42 U.S.C. 10601, 18 U.S.C. 922, 10 
U.S.C. 1562, 10 U.S.C. Chap. 47, 42 U.S.C. 16901 et seq., 10 U.S.C. 
1565, 42 U.S.C. 14135a.


0
2. Amend Sec.  635.6 by revising paragraph (a) to read as follows:


Sec.  635.6   Registration of sex offenders on Army installations 
(inside and outside the Continental United States)

    (a) Sex Offenders on US Army Installations. Garrison Commander's 
responsibilities: Garrison Commanders will ensure that sex offenders, 
as defined in paragraph (b) of this section that reside or are employed 
on an Army Installation register with the installation PM/DES. This 
includes service members, civilian employees, accompanying dependent 
family members, and contractors subject to the incorporation of the sex 
offender registration requirement into the contract.
* * * * *

Thomas S. Blair,
Chief, Law Enforcement Branch.
[FR Doc. 2016-27165 Filed 11-9-16; 8:45 am]
BILLING CODE 5001-03-P

Federal Register / Vol. 81, No. 218 / Thursday, November 10, 2016 / Rules and Regulations 78911

Administration for comment on its DEPARTMENT OF DEFENSE because it involves a change that
impact on small business, and no clarifies language for contractors who
comments were received. Department of the Army are required to register as sex offenders
on Army installations per the
Drafting Information 32 CFR Part 635 requirements of their contracts. DoD
The principal author of these final RIN 0702–AA75 expects no opposition to the changes
and no significant adverse comments.
regulations is Eliezer Mishory of the [Docket No. USA–2016–HQ–0033] However, if DoD receives a significant
Office of Associate Chief Counsel
adverse comment, the Department will
(Procedure and Administration). Law Enforcement Reporting withdraw this direct final rule by
List of Subjects in 26 CFR Part 1 AGENCY: Department of the Army, DoD. publishing a notice in the Federal
ACTION: Direct final rule. Register. A significant adverse comment
Income Taxes, Reporting and is one that explains: (1) Why the direct
recordkeeping requirements. SUMMARY: The Department of the Army final rule is inappropriate, including
is amending its Law Enforcement challenges to the rule’s underlying
Proposed Amendments to the Regulation. Specifically, Army is premise or approach; or (2) why the
Regulations clarifying language for contractors who direct final rule will be ineffective or
Accordingly, 26 CFR part 1 is are required to register as sex offenders unacceptable without a change. In
on Army installations. This change will determining whether a comment
amended as follows:
allow the Department to collect necessitates withdrawal of this direct
PART 1—INCOME TAXES information from registered sex final rule, DoD will consider whether it
offenders in accordance with their warrants a substantive response in a
contract requirements. This ensures notice and comment process.
■ Paragraph 1. The authority citation
contractors meet the government
for part 1 continues to read in part as requirements under the terms and Executive Summary
follows: conditions of the contract. This rule provides policies and
Authority: 26 U.S.C. 7805 * * * DATES: The rule will be effective on procedures for Army’s implementation
December 15, 2016 unless comments are of Law Enforcement Reporting. The
■ Par. 2. Section 1.6050P–1 is amended authority citation is 28 U.S.C. 534, 42
received that would result in a contrary
by: U.S.C. 10601, 18 U.S.C. 922, 10 U.S.C.
determination. Comments will be
■ 1. Removing paragraphs (b)(2)(i)(H), accepted on or before December 12, 1562, 10 U.S.C. Chap. 47, 42 U.S.C.
(b)(2)(iv), and (b)(2)(v). 2016. 16901 et seq., 10 U.S.C. 1565, 42 U.S.C.
■ 2. Adding the word ‘‘or’’ at the end of
14135a.
ADDRESSES: You may submit comments, The Army is clarifying language for
paragraph (b)(2)(i)(F). identified by docket number and/or RIN contractors who are required to register
■ 3. Removing the semicolon and number and title, by any of the as sex offenders on Army installations.
adding a period in its place at the end following methods: This regulatory action imposes no
of paragraph (b)(2)(i)(G). • Federal Rulemaking Portal: http:// monetary costs to the Agency or public.
www.regulations.gov. Follow the The benefit to the public is the Army
■ 4. Revising paragraph (h). instructions for submitting comments. law enforcement community is ensuring
The revision reads as follows: • Mail: Department of Defense, Office the safety and security of the Army
of the Deputy Chief Management installations by ensuring sex offenders
§ 1.6050P–1 Information reporting for Officer, Directorate for Oversight and
discharge of indebtedness by certain required to register are complying with
Compliance, 4800 Mark Center Drive, their registration requirements.
entities. Mailbox #24, Alexandria, VA 22350–
* * * * * 1700. Regulatory Procedures
(h) Applicability dates. This section Instructions: All submissions received A. Regulatory Flexibility Act
applies to information returns required must include the agency name and
docket number or Regulatory The Department of the Army has
to be filed, and payee statements certified that the Regulatory Flexibility
required to be furnished, after December Information Number (RIN) for this
Federal Register document. The general Act does not apply because the rule
31, 2016. Section 1.6050P–1 (as does not have a significant economic
policy for comments and other
contained in 26 CFR part 1, revised impact on a substantial number of small
submissions from members of the public
April 2016) applies to information is to make these submissions available entities within the meaning of the
returns required to be filed, and payee for public viewing on the Internet at Regulatory Flexibility Act, 5 U.S.C. 601–
statements required to be furnished, on http://www.regulations.gov as they are 612.
or before December 31, 2016. received without change, including any B. Unfunded Mandates Reform Act
John Dalrymple, personal identifiers or contact
information. The Department of the Army has
Deputy Commissioner for Services and determined that the Unfunded
Enforcement. FOR FURTHER INFORMATION CONTACT: Ms. Mandates Reform Act does not apply
Approved: October 17, 2016. Katherine Brennan, (703) 692–6721. because the rule does not include a
asabaliauskas on DSK3SPTVN1PROD with RULES

Mark J. Mazur, SUPPLEMENTARY INFORMATION: This mandate that may result in estimated
direct final rule makes changes to the costs to State, local or tribal
Assistant Secretary of the Treasury (Tax
Policy).
Department of the Army’s Law governments in the aggregate, or the
Enforcement Reporting rule which private sector, of $100 million or more.
[FR Doc. 2016–27160 Filed 11–9–16; 8:45 am]
published in the Federal Register on
BILLING CODE 4830–01–P March 29, 2016 (81 FR 17385). C. National Environmental Policy Act
DoD has determined this rulemaking The Department of the Army has
meets the criteria for a direct final rule determined that the National

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Document Created: 2016-11-10 01:44:00
Document Modified: 2016-11-10 01:44:00

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Direct final rule.
Dates		The rule will be effective on December 15, 2016 unless comments are received that would result in a contrary determination. Comments will be accepted on or before December 12, 2016.
Contact		Ms. Katherine Brennan, (703) 692-6721.
FR Citation		81 FR 78911
RIN Number		0702-AA75
CFR Associated		Crime; Law; Law Enforcement; Law Enforcement Officers and Military Law

81 FR 78911 - Law Enforcement Reporting

DEPARTMENT OF DEFENSEDepartment of the Army

Federal Register Volume 81, Issue 218 (November 10, 2016)

DEPARTMENT OF DEFENSE
Department of the Army