32 C.F.R. Subpart B—Information To Be Published in the Federal Register
Title 32 - National Defense
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 In deciding which information to publish, consideration must 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 §519.12, information to be currently published will include: (a) Descriptions of the Army's central and field organization and the established places at which, the officers from whom, and the methods whereby, the public can 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 can 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 that 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 that 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 that 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 will 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. The following procedures will 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 (c) Statutory and nonstatutory authorities mandate regulatory review of all Department of the Army 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 (AHRC-PDD-RP) when— (1) Drafting a regulation that would affect the public. (2) Reviewing regulations for revision or rescission. (3) Rescinding a regulation. (a) Incorporation by reference allows the proponent to comply with the requirements to publish regulations in the (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 (4) Benefits the Federal Government and members of affected classes. (5) Substantially reduces the volume of material published in the (c) Incorporation by reference is not acceptable as a complete substitute for promulgating in full the material required to be published. It can, 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 RMDA (AHRC-PDD-RP) (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 (AHRC-PDD-RP) at least 25 working days before the proposed date for submission of the incorporation by reference notice for the (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 (AHRC-PDD-RP) a general notice upon approval from the Director, OFR to the proposal for incorporation by reference. (g) Requirements for updating material incorporated by reference: (1) An amendment to the CFR must be published in the (2) The proponent must provide RMDA (AHRC-PDD-RP) 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 (AHRC-PDD-RP) within 10 working days if the rule does not go into effect or when the rule containing the incorporation by reference is removed. (a) The Army shall not publish rules in the (1) Involve any matter pertaining 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. (2) Involve any matter relating to Department of the Army Management, personnel, or public contracts, including nonappropriated fund contracts. (3) Constitute interpretive rules, general statements of policy or rules of organization, procedure or practice. (4) Merely interpret a rule already adopted by a higher element within the Department of the Army or by the Department of Defense. (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 (c) It is not necessary to publish in the All matters to be published in accordance with this part will be submitted to the RMDA (AHRC-PDD-RP) in the proper format prescribed in §519.17. As provided in §519.3(e), 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. 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 or requirement, as determined in §519.9, until it is published in the
Title 32: National Defense
PART 519—PUBLICATION OF RULES AFFECTING THE PUBLIC
Subpart B—Information To Be Published in the Federal Register
§ 519.8 General.
§ 519.9 Information to be published.
§ 519.10 Requirements pertaining to the information to be published.
§ 519.11 Incorporation by reference.
§ 519.12 Exceptions.
§ 519.13 Procedures.
§ 519.14 Effect of not publishing.
