[Code of Federal Regulations]
[Title 33, Volume 3]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR209.335]

[Page 151]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
         CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY
 
PART 209--ADMINISTRATIVE PROCEDURE--Table of Contents
 
Sec. 209.335  Publication.

    (a) Section 4 of the Administrative Procedure Act requires 
publication of general notice of proposed rule making in the Federal 
Register (unless all persons subject thereto are named and either 
personally served or otherwise have actual notice thereof in accordance 
with law), except to the extent that there is involved: (1) Any 
military, naval, or foreign affairs function of the United States or (2) 
any matter relating to agency management or personnel or to public 
property, loans, grants, benefits, or contracts. Except where notice of 
hearing is required by statute, this requirement does not apply to 
interpretative rules, general statements of policy, rules of agency 
organization, procedure, or practice, or in any situation in which the 
agency for good cause finds (and incorporates the finding and a brief 
statement of the reasons therefor in the rules issued) that notice and 
public procedure thereon are impracticable, unnecessary, or contrary to 
the public interest.
    (b) General notice of proposed rule making published in accordance 
with the above will include: (1) A statement of the time, place, and 
nature of public rule making proceedings; (2) reference to the authority 
under which the rule is proposed; and (3) either the terms or substance 
of the proposed rule or a description of the subjects and issues 
involved.