[Federal Register Volume 69, Number 67 (Wednesday, April 7, 2004)]
[Proposed Rules]
[Pages 18314-18319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7613]


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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.
     E-mail: [email protected]. 
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
------------------------------------------------------------------------
                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.
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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