[Federal Register Volume 81, Number 218 (Thursday, November 10, 2016)]
[Proposed Rules]
[Pages 78951-78952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27163]


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DEPARTMENT OF DEFENSE

Department of the Army

32 CFR Part 637

RIN 0702-AA72
[Docket No. USA-2016-HQ-0017]


Law Enforcement Operations and Investigations

AGENCY: Department of the Army, DoD.

ACTION: Proposed rule.

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SUMMARY: The Department of the Army proposes to revise its regulation 
concerning policies and procedures for the conduct of Army law 
enforcement operations and investigations. This regulation was last 
published in the Federal Register on June 22, 2005 (70 FR 36029). At 
that time, the entire regulation was codified. The proposed revisions 
remove a large portion of the currently codified part that does not 
apply to the public and is now included in DoD internal guidance. The 
proposed revision also adds guidance on the requirements for the 
detention of civilians by Army law enforcement to fill a void in 
published guidance.

DATES: Consideration will be given to all comments received by: January 
9, 2017.

ADDRESSES: You may submit comments, identified by 32 CFR part 637, 
Docket No. USA-2016-HQ-0017 and or RIN 0702-AA72, by any of the 
following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Department of Defense, Office of the Deputy Chief 
Management Officer, Directorate of Oversight and Compliance, 4800 Mark 
Center Drive, Mailbox #24, Alexandria, VA 22350-1700.
    Instructions: All submissions received must include the agency name 
and docket number or Regulatory Information Number (RIN) for this 
Federal Register document. The general policy for comments and other 
submissions from members of the public is to make these submissions 
available for public viewing on the Internet at http://www.regulations.gov as they are received without change, including any 
personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Mr. Jeff Pearce, (703) 695-8499.

SUPPLEMENTARY INFORMATION: 

Background

    This regulation applies to the active component Army and U.S. Army 
Reserve, Department of the Army Civilian Police, Department of the Army 
Civilian Detectives, Department of the Army Security Guards, contracted 
or contractor security force operations (such as detector dog support), 
Family members, Department of the Army Civilians, and other personnel 
on Army installations. It also applies to the Army National Guard of 
the United States when Federalized under Title 10, United States Code. 
This regulation is required for unit personnel preparing for 
mobilization and deployment.
    The internal guidance is available in AR 190-30, Military Police 
Investigations, and can be found at http://www.apd.army.mil/Search/ePubsSearch/ePubsSearchForm.aspx?x=AR. This regulation discusses 
policies for conducting law enforcement and specified security 
operations on Army installations, facilities and activities. Compliance 
with this regulation assures consistent delivery of protection, law 
enforcement, and safety assistance to Soldiers, Family members, 
Department of the Army Civilians, and other personnel on Army 
installations.
    The Army recognized there is a void in internal guidance concerning 
the conduct of law enforcement operations on installations. As a 
result, the Army revised AR 190-30, which includes guidance on the 
operation of detention cells and detention of civilians. Due to the 
subject matter's impact on the public, the Army is proposing to add 
provisions in the CFR concerning Detention Cell Operations which 
provide guidance on the detention of military and civilian personnel by 
Army law enforcement.
    This rule will be included in DoD's retrospective plan, completed 
in August 2011, and will be reported in future status updates of DoD's 
retrospective review in accordance with the requirements in Executive 
Order 13563. DoD's full plan can be accessed at: http://www.regulations.gov/#!docketDetail;D=DOD-2011-OS-0036.

Authority for This Regulation

    The legal authority for this action is 10 U.S.C. 807--Article 7, 
Apprehension. This article specifically covers the authority for 
apprehension or taking of a person into custody.

Costs and Benefits

    This rule will have no monetary effect upon the public as it only 
directs Army law enforcement and installation leadership's efforts in 
the conduct of their operations. Their efforts under this guidance 
ensure the effective employment of police and security forces to 
assist, protect, and defend the communities they serve on Army 
installations.

Regulatory Flexibility Act

    The Department of the Army certifies that the proposed rule is not 
subject to the Regulatory Flexibility Act because the 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.

Unfunded Mandates Reform Act

    The Department of the Army determined that this rule does not 
include a mandate that may result in estimated costs to State, local or 
tribal governments in the aggregate, or the private sector, of $100 
million or more.

[[Page 78952]]

National Environmental Policy Act

    The Department of the Army has determined that this rule is not 
covered under the National Environmental Policy Act because the rule 
does not have a significant impact on the environment.

Paperwork Reduction Act

    The Department of the Army has determined that the Paperwork 
Reduction Act does not apply because the rule does not involve 
collection of information from the public.

Executive Order 12630 (Government Actions and Interference With 
Constitutionally Protected Property Rights)

    The Department of the Army has determined that Executive Order 
12630 does not apply because the rule does not impair private property 
rights.

Executive Order 12866 (Regulatory Planning and Review) and Executive 
Order 13563 (Improving Regulation and Regulatory Review)

    Although this rule is not ``economically significant'' because it 
does not have an annual effect on the economy of $100 million or more 
or adversely affect in a material way the economy, it has been deemed 
``other significant'' for raising novel legal or policy issues arising 
out of legal mandates, the President's priorities, or the principles 
set forth in these Executive Orders. For that reason, it has been 
reviewed by the Office of Management and Budget (OMB).

Executive Order 13045 (Protection of Children From Environmental Health 
Risk and Safety Risks)

    The Department of the Army has determined that Executive Order 
13045 does not apply because this substantive action in rulemaking is 
neither economically significant nor does the action concern the 
environmental health or safety risks to children.

Executive Order 13132 (Federalism)

    The Department of the Army has determined that according to the 
criteria defined in Executive Order 13132 this rule does not apply 
because it will not have a substantial effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.

List of Subjects in 32 CFR Part 637

    Law enforcement, Law enforcement officers, Law enforcement 
operations, Detention operations.

Thomas S. Blair,
Chief, Law Enforcement Branch.

0
For reasons discussed in the preamble, the Department of the Army 
proposes to revise 32 CFR part 637 as follows:

PART 637--LAW ENFORCEMENT OPERATIONS AND INVESTIGATIONS

Subpart A--Detention Cell Operations
Sec.
637.1 Objective and policy.
Subpart B--[Reserved]

    Authority:  10 U.S.C. 807.

Subpart A--Detention Cell Operations


Sec.  637.1   Objective and policy.

    (a) Objective. Every effort will be taken to ensure that detained 
personnel remain in custody only when necessary. Persons will remain in 
custody for minimum periods, under proper supervision. All persons in 
custody are treated in a humane manner and in an environment which will 
not impair their health or subject the detainee to unreasonable 
discomfort.
    (b) Policy. Military and civilian personnel apprehended by military 
police may be detained in a military police detention cell (D-cell) 
only when necessary to prevent escape or to ensure safety of the 
detainee or others.
    (1) Detention of civilian personnel not subject to the UCMJ is 
authorized only while the civilian personnel are pending release to 
civilian authorities. Detention of civilian personnel will be done only 
in the case of a serious felony and when the individual is a flight 
risk, or is a risk to self or others, and must be approved by a 
commissioned officer designated by the senior commander. In no case 
will detention exceed 12 hours.
    (2) Male and female personnel will not be detained in the same cell 
simultaneously.
    (3) The use of other military service or civilian detention 
facilities to detain personnel in police custody is authorized. When 
other military service facilities are used, the time limitations and 
other procedures described above apply. Only those civilian facilities 
that have been evaluated by the U.S. Marshal Service and deemed 
appropriate for use will be utilized.
    (4) Juveniles will not be detained in Army LE D-cells.

Subpart B--[Reserved]

[FR Doc. 2016-27163 Filed 11-9-16; 8:45 am]
 BILLING CODE 500-03-P