[Code of Federal Regulations]

[Title 33, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR209.335]



[Page 160]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

 CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF 

                                 DEFENSE

 

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.