32 C.F.R. Subpart A—General


Title 32 - National Defense


Title 32: National Defense
PART 519—PUBLICATION OF RULES AFFECTING THE PUBLIC

Browse Next

Subpart A—General

§ 519.1   Purpose.

This part 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 336; 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.

[69 FR 47766, Aug. 6, 2004; 69 FR 51569, Aug. 20, 2004]

§ 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.

§ 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 coordinates with Assistant Secretary of the Army (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) submits 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 develops 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 Department of the Army announcements and rules (proposed, interim, and final) published in the Federal Register, and for ensuring Army compliance with this part. The RMDA will—

(1) Assist the officials listed in Table 1 of this section 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 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) will—

(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 of this section (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 §§519.8 through 519.14, and for submission actions specified in §§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------------------------------------------------------------------------                Official                       Area of jurisdiction------------------------------------------------------------------------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.------------------------------------------------------------------------

§ 519.4   Designation of Rulemaking Coordinators.

The officials listed in Table 1 of §519.3 will designate Rulemaking Coordinators to perform the duties prescribed by §§519.15 through 519.22 of this part for their areas of functional responsibility. At the time of designation, RMDA (AHRC-PDD-RP) will 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 (AHRC-PDD-RP) 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 §519.5.

(d) Notify RMDA (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.

§ 519.5   Statement of compliance.

In order to ensure compliance with this 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 will be explained in the statement.

§ 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 (AHRC-PDD-RP) in lieu of the statement required by §519.5.

§ 519.7   Regulatory review.

(a) Proponents of Army regulations will 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 will 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.

Browse Next






















chanrobles.com