[Federal Register: April 7, 2004 (Volume 69, Number 67)]
[Proposed Rules]
[Page 18314-18319]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07ap04-21]
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DEPARTMENT OF DEFENSE
Department of the Army
32 CFR Part 519
RIN 0702-AA40-U
Publication of Rules Affecting the Public
AGENCY: Department of the Army, DOD.
ACTION: Proposed rule; Request for comments.
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SUMMARY: The Department of the Army is proposing to revise our rules
concerning the publication of rules affecting the public to incorporate
requirements and policies required by various acts of Congress and
Executive Orders, and due to changes in program proponency and policies
within the Department of the Army.
DATES: Comments submitted to the address below on or before June 7,
2004 will be considered.
ADDRESSES: You may submit comments, identified by ``32 CFR Part 519 and
RIN 0702-AA40'' in the subject line, by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Include ``32 CFR Part 519 and RIN 0702-AA40'' in the subject line of
the message.
Mail: U.S. Army Records Management and
Declassification Agency, ATTN: AHRC-PDD-RP (Ms. Kopitzke), Casey Bldg.,
Rm. 102, 7701 Telegraph Road, Alexandria, VA 22315-3860.
[[Page 18315]]
FOR FURTHER INFORMATION CONTACT: Brenda Kopitzke (703) 428-6437 or
Brenda Bowen (703) 428-6422.
SUPPLEMENTARY INFORMATION:
A. Background
This proposed revision prescribes procedures and responsibilities
for publishing applicable Department of the Army policies, practices,
and procedures as required by statutes. It also delineates
responsibilities for complying with this regulation, Regulatory
Flexibility Act, 5 U.S.C. 601-612 (E.O. 12866), and the Congressional
Review Act (CRA, 5 U.S.C. Chapter 8), within the Department of the
Army.
B. Regulatory Flexibility Act
The Department of the Army has determined that the Regulatory
Flexibility Act does not apply because the proposed 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.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the proposed
rule does not impose any information collection requirements that
require the approval of the Office of Management and Budget under 44
U.S.C. 3501, et seq.
D. Executive Order 12866
The Department of the Army has determined that according to the
criteria defined in Executive Order 12866 this proposed rule is not
considered a significant regulatory action.
Brenda Kopitzke,
Army Federal Register Liaison Officer.
List of Subjects in 32 CFR Part 519
Administrative practices and procedures.
For the reasons stated in the preamble, the Department of the Army
proposes to revise 32 CFR Part 519 to read as follows:
PART 519--PUBLICATION OF RULES AFFECTING THE PUBLIC
Subpart A--General
Sec.
519.1 Purpose.
519.2 Explanation of terms.
519.3 Responsibilities.
519.4 Designation of Rulemaking Coordinators.
519.5 Statement of compliance.
519.6 Submission of publications for printing.
519.7 Regulatory review.
Subpart B--Information to be Published in the Federal Register
519.8 General.
519.9 Information to be published.
519.10 Requirements pertaining to information to be published.
519.11 Incorporation by reference.
519.12 Exceptions.
519.13 Procedures.
519.14 Effect of not publishing.
Subpart C--Inviting Public Comment on Certain Proposed Rules and
Submission of Petitions 519.15 General.
519.15 General.
519.16 Applicability.
519.17 Procedure when proposing rules.
519.18 OMB Control Number.
519.19 Consideration of public comment.
519.20 Procedure when publishing adopted rules.
519.21 Submission of petitions.
519.22 Cases in which public comment is impractical.
Authority: Sec. 3012, Pub. L. 84-1028, 70A Stat. 157, (10 U.S.C.
3013); sec. 3, Pub. L. 79-404, 60 Stat. 238, (5 U.S.C. 552).
Subpart A--Genreal
Sec. 519.1 Purpose.
This regulation prescribes procedures and responsibilities for
publishing certain Department of the Army policies, practices and
procedures in the Federal Register as required by statute, and for
inviting public comment thereon, as appropriate. This regulation
implements portions of the Administrative Procedure Act (APA), 5 U.S.C.
551, Freedom of Information Act (FOIA), 5 U.S.C. 552(a)(1), as
implemented by 32 CFR Part 335, Regulatory Flexibility Act (5 U.S.C.
601, et seq.), as implemented by 1 CFR Chapter 1, Congressional Review
Act (CRA), 5 U.S.C. Chapter 8, Executive Order 12866 of September 30,
1993, and DODD 5025.1, DOD Directives System.
Sec. 519.2 Explanation of terms.
(a) Rule. The whole or a part of any Department of the Army
Statement (regulation, circular, directive, or other media) of general
or particular applicability and future effect, which is designed to
implement, interpret, or prescribe law or policy or which describes the
organization, procedure, or practice of the Army.
(b) Federal Register. A document published daily, Monday through
Friday (except holidays), by the Office of the Federal Register, to
inform the public about the regulations of the executive branch and
independent administrative agencies of the U.S. Government. The Federal
Register includes Presidential proclamations, Executive orders, Federal
agency documents having general applicability and legal effect or
affecting the public, and documents required to be published by Act of
Congress.
(c) Code of Federal Regulations. The annual codification of rules
published by each Federal Agency. It is divided into 50 titles
representing broad subject areas for each Federal Agency and these
titles are further subdivided into Chapters, Subchapters, Parts, and
Subparts. Army documents are published in Title 32, National Defense,
Title 33, Navigation and Navigable Waters, and Title 36, Parks,
Forests, and Public Property. (The Federal Register and the Code of
Federal Regulations must be used together to determine the latest
version of any given rule.)
(d) Closed Meeting. A meeting that is closed to the public.
(e) Open Meeting. A meeting that is open to the public.
Sec. 519.3 Responsibilities.
(a) The Administrative Assistant to the Secretary of the Army
(AASA) acts as the regulatory officer and has oversight of the Army
Federal Regulatory Program and Unified Agenda. The AASA will coordinate
with Assistant Secretary for Civil Works (ASA (CW)) and the Deputy
Chief of Staff, G-1 (DCS, G-1) to ensure the regulatory requirements
and functions are properly executed.
(b) The ASA (CW) will submit the annual Regulatory Plan and
semiannual Unified Agenda of Federal Regulatory and Deregulatory
Actions to the AASA as required by Executive Order 12866 and 5 U.S.C.
601, et seq.
(c) The DCS, G-1 will develop policy and direction for the
Rulemaking Program for the Department of the Army.
(d) The U.S. Army Records Management and Declassification Agency
(RMDA) is responsible for policies concerning Army announcements and
rules (proposed, interim, and final) published in the Federal Register,
and for ensuring Army compliance with this part. The RMDA shall--
(1) Assist the officials listed in Table 1 in the performance of
their responsibilities.
(2) Represent the Army in submitting to the Office of the Federal
Register (OFR) any matter published per this part.
(3) Submit the annual Regulatory Plan and semiannual Unified Agenda
of Federal Regulatory and Deregulatory Actions to the AASA as required
by Executive Order 12866 and 5 U.S.C. 601, et seq.
(4) Submit a copy of published final rules (and certain analyses
related to the
[[Page 18316]]
rule, as appropriate) to both Houses of Congress and to the General
Accounting Office (GAO), per the CRA.
(e) The U.S. Army Corps of Engineers (USACE) shall--
(1) Represent the Army in submitting to the OFR only those Civil
Works Program rules (proposed, interim, and final) codified in Title
33, Navigation and Navigable Waters, and Title 36, Parks, Forests, and
Public Property of the CFR, subject to the terms of this part.
(2) Submit a copy of published final rules (and certain analyses
related to the rule, as appropriate) to both Houses of Congress and to
the General Accounting Office (GAO), per the CRA.
(3) When submitting rules codified in Titles 33 and 36 of the CFR,
USACE may coordinate directly with OFR (in lieu of RMDA) but must
otherwise comply with the provisions of this part. In determining the
applicability of this regulation to its rulemaking activities, Army
Civil Works rulemaking proponents may replace ``RMDA'' with ``USACE,''
wherever it appears in the text of this part.
(f) The officials listed in Table 1 (hereinafter referred to as
proponents) are responsible for:
(1) Ensuring maximum practicable participation of the public in the
formulation of Army rules that affect the public by allowing public
comments in proposed rules. Where deemed appropriate by the Army
proponents, the public should participate in consensual mechanisms,
such as negotiated rulemaking.
(2) Determining which matters within their areas of jurisdiction
must be published in accordance with Sec. Sec. 519.8 through 519.14,
and for submission actions specified in Sec. Sec. 519.15 through
519.22.
(g) Legal officers and staff judge advocates supporting the
proponents will provide legal advice and assistance in connection with
proponent responsibilities contained herein.
Table 1.--Rulemaking Proponents
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Official Area of jurisdiction
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Administrative Assistant to the Immediate Office of the
Secretary of the Army. Secretary of the Army and the
Office of the Administrative
Assistant.
Director of the Army staff............. Elements, Office of the Chief,
U.S. Army.
Head of each Army staff agency......... Headquarters of the agency and
its field operating and staff
agencies (including the
Installation Management Agency
(IMA)).
Commander, MACOM....................... Headquarters of MACOM and all
subordinate activities and
units.
RMDA................................... All other Army elements not
covered above.
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Sec. 519.4 Designation of Rulemaking Coordinators.
The officials listed in Table 1 will designate Rulemaking
Coordinators to perform the duties prescribed by Sec. Sec. 519.15
through 519.22 of this part for their areas of functional
responsibility. At the time of designation, the RMDA shall be informed
of the name and telephone number of the designated individual. The
designee will perform the following duties:
(a) Ensure that all rules and notices to be published comply with
the Federal Register format.
(b) Transmit material to RMDA and provide RMDA with the name,
office symbol, and telephone number of the action officer for each rule
or general notice for inclusion in the Federal Register.
(c) Coordinate with Publication Control Officers to ensure
submission of Statements of Compliance required by Sec. 519.5.
(d) Notify RMDA, ATTN: AHRC-PDD-RP, 7701 Telegraph Road,
Alexandria, VA 22315-3860, when a regulation published in the Federal
Register becomes obsolete or is superseded by another regulation.
Sec. 519.5 Statement of compliance.
In order to ensure compliance with the part, no rule will be issued
unless there is on file with RMDA (AHRC-PDD-RP) a statement to the
effect that it has been evaluated under the provisions of this part. If
the proponent determines that the provisions of this part are
inapplicable, such determination shall be explained in the statement.
Sec. 519.6 Submission of publications for printing.
When Army-wide publications or directives are transmitted to the
Director, U.S. Army Publishing Directorate (USAPD) for publication, the
DA Form 260 (Request for Printing of Publication) or other transmittal
paper will contain a statement that the directive has been processed
for publication in the Federal Register or that it falls within the
exempted category. USAPD will not publish any rule unless this
statement is on DA Form 260. A copy of DA Form 260 may be submitted to
RMDA in lieu of the statement required by Sec. 519.5.
Sec. 519.7 Regulatory review.
(a) Proponents of Army regulations shall participate in the
regulatory process and adhere to the regulatory process as prescribed
in this regulation when reviewing their existing publications. This
review will follow the same procedural steps outlined for the
development of new regulations.
(b) In selecting regulations to be reviewed, proponents shall
consider such criteria as:
(1) The requirement for the regulation.
(2) Costs and benefits of the regulation to include both
quantifiable measures (to the fullest extent that these can be usefully
estimated) and qualitative measures.
(3) The type and number of complaints or suggestions received.
(4) Burdens imposed directly or indirectly by the regulation to
both the public and other government entities.
(5) Elimination of inconsistent, incompatible, overlapping or
duplicative regulations.
(6) Length of time since the regulation has been reviewed for
scientific, technological, economical, or administrative changes.
Subpart B--Information to be Published in the Federal Register
Sec. 519.8 General.
The Administrative Procedure Act, as amended by the Freedom of
Information Act, requires that certain policies, practices, procedures,
and other information concerning the Department of the Army be
published in the Federal Register for the guidance of the public. In
addition, various statutory and nonstatutory authorities, as
applicable, may require certain actions and studies performed in
conjunction with the publication of the regulation. In general, this
information explains where, how, and by what authority the Army
performs any of its functions that affect the public. This chapter
describes what information must be published and the effect of failing
to publish it.
Sec. 519.9 Information to be published.
In deciding which information to publish, consideration shall be
given to the fundamental objective of informing all interested persons
of how to deal effectively with the Department of the Army. Subject to
the exceptions provided in Sec. 519.12 of this part, information to be
currently published will include:
(a) Descriptions of the Army's central and field organization and
the
[[Page 18317]]
established places at which, the officers from whom, and the methods
whereby, the public may obtain information, make submittals or
requests, or obtain decisions.
(b) The procedures by which the Army conducts its business with the
public, both formally and informally.
(c) Rules of procedures, descriptions of forms available or the
places at which forms may be obtained, and the instructions as to the
scope and contents of all papers, reports, or examinations.
(d) Substantive rules of applicability to the public adopted as
authorized by law, and statements of general policy or interpretations
of general applicability formulated and adopted by the Army.
(e) Documents which confer a right or privilege on a segment of the
public or have a direct or substantial impact on the public or any
significant portion of the public.
(f) Documents that prescribe a course of conduct that must be
followed by persons outside the government to avoid a penalty, or
secure a right or privilege.
(g) Documents which impose an obligation on the general public or
members of a class persons outside the U.S. Government.
(h) Rules (significant) that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way, the economy; productivity;
competition; jobs; the environment; public health or safety; or State,
local, tribal governments or communities.
(2) Create a serious inconsistency or otherwise interfere with an
action taken by another agency.
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, loan programs or the rights and obligations thereof.
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles of Executive
Order 12866.
(i) Open, partially-closed, and closed meetings which require
members to take action on behalf of the Army where such deliberations
determine or result in the joint conduct or disposition of Army
business. Meetings shall be published a minimum of 15 calendar days
prior to date of meeting or as prescribed by the appropriate statute.
Sunshine Act meetings are published in compliance with 5 U.S.C.
552b(e)(3); attendance at these meetings may be restricted for reasons
of national security or for reasons indicated in 5 U.S.C. 552b(c).
Notice of Sunshine Act meetings must be published at least one week
prior to the date of the meeting (5 U.S.C. 552b(e)).
(j) Notices of establishment or renewal of advisory committees in
accordance with their directives, statutory and/or nonstatutory
authority.
(k) Public information collection requirements in compliance with
the Paperwork Reduction Act (PRA, 44 U.S.C. 3501 et seq.)
(l) Descriptions of particular programs, policy, or procedures in
detail such as----
(1) Decisions and ruling;
(2) Grant application deadlines;
(3) Availability of Environmental Impact Statements;
(4) Delegations of authority;
(5) Issuance or revocation of licenses; and
(6) Hearings and investigations.
(m) Each amendment, revision, or repeal of the foregoing.
Sec. 519.10 Requirements pertaining to the information to be
published.
The following procedures shall be completed before submitting
rules/regulations for publication--
(a) An economic analysis (EA) of the proposed or existing
regulation. The EA should assess the effects of the regulation on the
State, local, and tribal governments, and the private sector. An EA
threshold of an annual effect on the economy of $100 million or more
has been established for all regulations (Executive Order 12866.)
(b) Regulations containing collection of information requirements
will be forwarded through the DCS, G-1 (DAPE-ZXI-RM) to OMB prior to
publication as a proposed rule in the Federal Register. In addition,
the proponent will address any collection of information comments filed
by the Director, OMB, or the public in the final rule.
(c) Statutory and nonstatutory authorities mandate regulatory
review of all DA proposed, interim, final, and withdrawn rules/
regulations. The results are published in the semiannual Unified Agenda
of Federal Regulatory and Deregulatory Actions. Under the requirements
of regulatory review, the proponent will notify RMDA when--
(1) Drafting a regulation that would affect the public.
(2) Reviewing regulations for revision or rescission.
(3) Rescinding a regulation.
Sec. 519.11 Incorporation by reference.
(a) Incorporation by reference allows the proponent to comply with
the requirements to publish regulations in the Federal Register by
referencing materials published elsewhere (e.g. materials that may be
purchased from the Government Printing Office (GPO) or depot libraries
or are available for review at Army installations.) Incorporated
material has the same force and legal effect as any other properly
issued regulation. Before a document can be incorporated by reference,
the proponent must determine that it is available to the public (See 5
U.S.C. 552(a) and 1 CFR Part 51).
(b) Material is eligible for incorporation by reference if it--
(1) Is published data, criteria, standards, specifications,
techniques, illustrations or similar materials.
(2) Is reasonably available to and usable by the class of persons
affected by the publication.
(3) Does not reduce the usefulness of the Federal Register
publication system.
(4) Benefits the Federal Government and members of affected
classes.
(5) Substantially reduces the volume of material published in the
Federal Register.
(c) Incorporation by reference is not acceptable as a complete
substitute for promulgating in full the material required to be
published. It may, however, be utilized to avoid unnecessary repetition
of published information already reasonably available to the class of
persons affected. Examples include:
(1) Construction standards issued by a professional association of
architects, engineers, or builders;
(2) Codes of ethics issued by professional organizations; and,
(3) Forms and formats publicly or privately published and readily
available to the person required to use them.
(d) Proposals for incorporation by reference will be submitted to
Director, RMDA, by letter giving an identification and subject
description of the document statement of availability, indicating the
document will be reasonably available to the class of persons affected,
where and how copies may be purchased or examined, and justification
for the requirement to incorporate by reference. The request will be
submitted to RMDA at least 25 working days before the proposed date for
submission of the incorporation by reference notice for the Federal
Register. The 25 working day period begins when RMDA receives the
request.
(e) RMDA will consult with the Director, OFR concerning each
specific request and will notify the proponent of the outcome of the
consultation.
(f) The proponent will submit to RMDA a general notice upon
approval from the Director, OFR to the proposal for incorporation by
reference.
(g) Requirements for updating material incorporated by reference.
[[Page 18318]]
(1) An amendment to the CFR must be published in the Federal
Register.
(2) The proponent must provide RMDA a copy of the incorporated
material, as amended or revised, to submit to the OFR.
(3) RMDA will notify the Director, OFR of the changes.
(h) The proponent will notify RMDA within 10 working days if the
rule does not go into effect or when the rule containing the
incorporation by reference is removed.
Sec. 519.12 Exception.
(a) In accordance with 5 U.S.C. 552(b) the Army shall not publish
any rule in the Federal Register if:
(1) It pertains to a military or foreign affairs function of the
United States that, under the criteria of an Executive Order or
statute, requires a security classification in the interest of national
defense.
(2) It is directed at other Federal agencies, particular persons,
or Army organizations.
(3) It is directed to individual persons in their capacity as Army
employees.
(4) It is limited to Army management, organization, public
contracts, to include nonappropriated fund contracts, or personnel
matters.
(b) A rule issued at the installation level that affects only the
people near a particular post does not ordinarily apply to the general
public, so the Army does not usually publish it in the Federal
Register.
(c) It is not necessary to publish in the Federal Register any
information which comes within one or more of the exemptions to the
FOIA, 5 U.S.C. 552(b), as implemented by AR 25-55, para. 3-200.
Sec. 519.13 Procedures.
All matters to be published in accordance with this part will be
submitted to the Director, RMDA in the proper format prescribed in
Sec. 519.17. As provided in Sec. 519.3(e) of this part, Army Civil
Works proponents who are proposing rules for publication in Titles 33
and 36 of the CFR may submit the required documents directly to the OFR
but must otherwise comply with the provisions of this part.
Sec. 519.14 Effect of not publishing.
Except to the extent that a person has actual and timely notice
thereof, the Army cannot require the general public to comply with, or
be adversely affected by, a policy requirement, as determined in Sec.
519.9, until it is published in the Federal Register.
Subpart C--Inviting Public Comment on Certain Proposed Rules and
Submission of Petitions
Sec. 519.15 General.
Public comment must be sought on certain proposed rules which are
required to be published in accordance with Sec. 519.9. All
regulations affecting the public will be forwarded to RMDA for review
and coordination with OMB. This subpart sets forth the criteria and
procedures for inviting public comment before publication.
Sec. 519.16 Applicability.
(a) These provisions apply only to those Department of the Army
rules or portions thereof that:
(1) Are promulgated after [Insert the effective date of this
regulation];
(2) Must be published in the Federal Register in accordance with
Sec. 519.9;
(3) Have a substantial and direct impact on the public or any
significant portion of the public; and
(4) Do not merely implement a rule already adopted by a higher
element within the Department of the Army or by the Department of
Defense.
(b) Unless otherwise required by law, the requirement to invite
advance public comment on proposed rules does not apply to those rules
or portions thereof that:
(1) Do not come within the purview of paragraph Sec. 519.16(a) of
this section;
(2) Involve any matter relating to a military or foreign affairs
function of the United States which has been determined under the
criteria of an Executive Order or statute to require a security
classification in the interests of national defense or foreign policy;
(3) Involve any matter relating to Department of the Army
management, personnel, or public contracts, e.g., Armed Services
Procurement Regulation, including nonappropriated fund contracts;
(4) Constitute interpretative rules, general statements of policy
or rules of organization, procedure or practice; or
(5) The proponent of the rule determines for good cause that
inviting public comment would be impracticable, unnecessary, or
contrary to the public interest. This provision will not be utilized as
a convenience to avoid the delays inherent in obtaining and evaluating
prior public comment. See also Sec. 519.22.
Sec. 519.17 Procedure when proposing rules.
(a) A description of the proposed rule will be forwarded to the
Federal Register Liaison Officer (FRLO) for regulatory and OMB review.
The FRLO will provide a Regulation Identifier Number (RIN), used to
identify and report the rule in the Unified Agenda to the proponent
once OMB has approved the rule for publication in the Proposed Rule
section of the Federal Register. Proposed rules that have unresolved
issues shall not be published in the Federal Register.
(b) The preamble and the proposed rule will be prepared by the
proponent. Preparation of the preamble and rule shall be in accordance
with guidance contained in the Federal Register Handbook on Document
Drafting.
(c) Public comment will be invited with a designated time, not less
than 60 days prior to the intended adoption of the proposed rule.
(d) Rulemaking proponents will submit the original and three copies
of the proposed rules and preamble in the prescribed format, to the
Director, RMDA. The FRLO will ensure that the approved rules comply
with executive and legislative requirements, and have the necessary
coordination with OMB prior to publication. Upon OMB approval, the FRLO
will certify and submit the documents to the Office of the Federal
Register for publication as a proposed, interim, or final rule, as
applicable.
(e) If no action has occurred within 1 year of publication, the
proposed rule shall be considered for withdrawal, unless the proponent
provides justification to RMDA. If the proponent determines that the
proposed rule should be withdrawn, the proponent will submit a document
to the FRLO to be published in the Federal Register withdrawing the
proposed rule. The withdrawal of the proposed rule will be reported in
the next edition of the Unified Agenda.
(f) Civil Works projects under the ASA (CW) shall submit updated
and proposed Unified Agenda items to AASA.
Sec. 519.18 OMB Control Number.
Each rule OMB reviews under the Paperwork Reduction Act is assigned
an OMB control number which becomes its identifier throughout its life.
Sec. 519.19 Consideration of public comment.
(a) Following publication of a notice of proposed rulemaking, all
interested persons will be given an opportunity to participate (60
days) in the rulemaking through the submission of written data, views
and arguments to the proponent of the proposed rulemaking concerned.
(b) If the proponent of the rule determines that it is in the
public interest, a hearing or other opportunity for oral presentation
of view may be allowed as a means of facilitating public
[[Page 18319]]
comment. Informal consultation by telephone or otherwise may also be
utilized to facilitate presentation of oral comments by interested
persons. All hearings or other oral presentations will be conducted by
the proponent of the rule in a manner prescribed by him/her. A hearing
file shall be established for each hearing. The hearing file shall
include:
(1) Public notices issued;
(2) Request for the hearing;
(3) Data or material submitted in justification thereof;
(4) Materials submitted in opposition to the proposed action;
(5) Hearing transcript; and
(6) Any other material as may be relevant or pertinent to the
subject matter of the hearing.
(c) There is no requirement to respond either orally or in writing,
individually to any person who submits comments with respect to a
proposed rule. The proponent of the rule, however, may do so as a
matter within his/her discretion.
Sec. 519.20 Procedure when publishing adopted rules.
(a) After careful consideration of all relevant material submitted,
the proponent of the rule will make such revisions in the proposed rule
as appear necessary in light of the comments received.
(b) If it is impractical for the rule proponent to finalize the
rule after the comment period, due to extensive unresolved issues, the
proponent will publish a document withdrawing the proposed rule.
(c) The proponent will prepare a preamble for publication with the
final rule. The proponent shall discuss in the preamble the comments
received in response to the proposed rule and the decision to accept or
reject the comments in the revision to the proposed rule. Preparation
will be in accordance with guidance contained in the Federal Register
Handbook on Document Drafting.
(d) The original and three copies of the preamble and revised rule
will be forwarded to the FRLO in the proper format. The FRLO will then
prepare the required certification and submit the documents to the
Office of the Federal Register for publication in the form of an
adopted rule.
(e) The proponent shall provide to the FRLO, a copy of the final
rule, a completed OMB Form ``Submission of Federal Rules Under the
Congressional Review Act'' (available at http://www.whitehouse.gov/WH/EOP/OMB and http://www.gao.gov), and a concise statement about the rule
within 14 days of publication date in the Federal Register. The
proponent will identify whether it is a major or a substantive/
nonsignificant rule, its proposed effective date, significant issues of
interest, and a cost-benefit analysis of the rule, as applicable. The
FRLO will submit a copy of all final rules to both Houses of Congress
and the Government Accounting Office (GAO) per CRA.
(f) Army Civil Works rulemaking proponents, when proposing rules
governed by Sec. 519.3(e) of this regulation, may forward the
documents prescribed in Sec. 519.20(d) and (e) directly to the OFR.
Army Civil Works proponents are responsible for submitting a copy of
the final rules to Congress and GAO in accordance with Sec. 519.20(e).
Sec. 519.21 Submission of petitions.
Each proponent of a rule will grant to any interested person the
right to submit a written petition calling for the issuance, amendment,
or repeal of any rule to which this part applies or would apply if
issued, as specified in Sec. 519.16. Any such petition will be given
full and prompt consideration by the proponent. If compatible with the
orderly conduct of public business, the appropriate official may, at
his discretion, allow the petitioner to appear in person for the
purpose of supporting this petition. After consideration of all
relevant matters by the proponent, the petitioner will be advised in
writing by the proponent of the disposition of any petition, together
with the reasons supporting that disposition. This provision does not
apply to comments submitted on proposed rules in Sec. 519.19.
Sec. 519.22 Cases in which public comment is impractical.
(a) Whenever a rulemaking proponent determines for good cause that
inviting public comment regarding a proposed rule would be impractical,
unnecessary, or contrary to the public interest, he will prepare a
brief statement of the reasons supporting this determination for
incorporation in the preamble to the adopted rule. The preamble and
adopted rule will then be published in the form outlined in Sec.
519.20(c) and (d).
(b) Alternatively, the proponent may request Director, RMDA (by
letter) to adopt and publish in the Federal Register a separate rule
exempting from the prepublication notice provisions of this regulation
those specific categories of rules which the rulemaking proponent has
determined that public comment would be unnecessary, impractical, or
contrary to the public interest. The request to RMDA, will contain an
explanation of the reasons why the proponent believes that a particular
category of rule or rules should not be published in proposed form for
public comment and a legal review by the proponent's servicing legal
office. If RMDA, in coordination with the Office of Army General
Counsel, agrees that public comment should not be invited with respect
to the cited category, the proponent will adopt and publish a separate
rule in the Federal Register exempting such rule or rules from the
requirements of this part. This separate rule will include an
explanation of the basis for exempting each particular category from
the provisions of this part.
[FR Doc. 04-7613 Filed 4-6-04; 8:45 am]
BILLING CODE 3710-08-P