policy, or (iii) rules of agency organiza- (4) Any situation in which the DoD (e) Exceptions to the requirement in [40 FR 4911, Feb. 3, 1975. Redesignated at 41 § 336.3 Policy. (a) It is the policy of the Department of Defense to encourage the maximum practicable participation of the public in the formulation of regulations having a substantial and direct impact on the public, and to inform the public fully through publication in the FEDERAL REGISTER of all adopted regulations intended for public guidance. gitimate interest of the DoD Compo nent or public precludes such publica tion. This policy extends to some adopted regulations for the guidance cl the public which were not the subject of notice and public comment. [40 FR 4911, Feb. 3, 1975. Redesignated at FR 27074, July 1, 1976. Redesignated an amended at 56 FR 64482, Dec. 10, 1991] § 336.4 Proposed regulations. (a) The general notice of a proposed regulation shall be published in the FEDERAL REGISTER in accordance with the guidance contained in the "Federal Register Handbook on Document Drafting" (GSA), whenever that reg lation would have a substantial and direct impact on the public or any sig nificant portion of the public, unless it comes within one or more of the excep tions or exemptions previously set forth in §336.2(d). (b) The notice shall include: (1) A statement of the purpose and objective of the proposed regulation; (2) Reference to the legal authority under which the regulation is proposed: and (3) The terms or substance of the proposed regulation. રા (c) Whenever the originating DoD Component finds that notice and prepublication of a proposed regulation for public comment are impracticable, unnecessary, or contrary to the public interest, it shall incorporate that finding and a brief statement of its reasons in the adopted regulation, or it may adopt and publish in the FEDERAL REGISTER a separate regulation excepting Te or exempting categories of regulations for any of these reasons, with an explaine nation of the basis for excepting or exempting each particular category. Sep-The arate regulations for this purpose shall be promulgated by the procedures for proposed rules whenever this falls within the requirements of paragraph (a) of this section. (b) A proposed regulation which would originate a Department of Defense policy having a substantial and direct impact on the public should be published, along with a notice of purpose and authority, in the FEDERAL REGISTER in order to invite public comment within a designated time at least 30 days prior to its intended adoption. This policy should be followed even though the proposed regulation may come within one or more of the exceptions or exemptions to the requirement for prepublication of proposed rules described in §336.2(d) (2) (i) and (ii), (3) and (4), unless it is determined by the DoD Component as a matter within its sole and exclusive prerogative that the employment of the exception or exemp tion is appropriate to satisfy a significant and legitimate interest of the DoD Component or the public. (c) After their adoption, all regulations for the guidance of the public shall be published in the FEDERAL REGISTER in accordance with 5 U.S.C. 552, even though they may come within one or more of the exemptions described in 32 CFR 286.6. If no significant and le pone publ The paper (d) Following the publication of notice and the proposed regulation in the FEDERAL REGISTER, the DoD Component shall give all interested persons an opportunity to participate in the rulemaking through the submission of written data, views, or arguments. An opportunity for oral presentation will Dir normally not be provided, but may as a ch rule ecom atter within the sole and exclusive rerogative of the component be exnded where it is found to be in the inerest of the DoD Component or the ublic. After careful consideration of ll relevant matter presented, the comonent shall incorporate in the adopted Regulation a concise general statement fits basis and purpose. A preamble to he adopted regulation may be pubished in the FEDERAL REGISTER to exlain the relationship of the adopted ule to the proposed rule, including the zature and effect of public comments. 40 FR 4911, Feb. 3, 1975. Redesignated at 41 FR 27074, July 1, 1976. Redesignated and amended at 56 FR 64482, Dec. 10, 1991] $336.5 Publication in the Federal Register of adopted regulations and other matters. Subject to the exemptions set forth in 32 CFR 286.6: (a) Each DoD Component shall publish in the FEDERAL REGISTER an informative, current description for the guidance of the public, of where, how, and by what authority it performs any of its functions. In deciding which information to publish in the FEDERAL REGISTER & DOD Component shall consider the fundamental objective of informing all interested persons of how to deal effectively with the component. (b) Information to be published in the FEDERAL REGISTER shall include: (1) Descriptions of the central and field organization of the component concerned, and the established places at which, the employees or members of the armed forces from whom, and the methods whereby the public may secure information, make submittals or requests, or obtain decisions. statements of general policy, or interpretation of general applicability adopted by the agency, and other substantive rules of general applicability affecting the public. (2) The procedures by which a DoD Component conducts its business with the public, both formally and informally. (c) With the approval of the Director of the FEDERAL REGISTER, the requirement for publication in the FEDERAL REGISTER (1 CFR part 51, 37 FR 23614, Nov. 4, 1972) may be satisfied by reference in the FEDERAL REGISTER to other publications reasonably available to the class of persons affected and containing the information which must otherwise be published in the FEDERAL REGISTER. (3) The rules of procedure which must be followed, the description of forms which must be completed, or the source from which forms may be obtained, and instructions on the scope and content of papers, reports, examinations required to be submitted pursuant to such rules of procedures, as adopted by the component. (4) Directives, instructions, regulations, manuals, policy memorandums, (1) In order to be eligible for incorporation by reference, the matter must be in the nature of published data, criteria, standards, specifications, techniques, illustrations, or other published information reasonably available to members of class affected thereby. (2) Incorporation by reference is not acceptable as a complete substitute for promulgating in full text material required to be published by 5 U.S.C. 552. (3) Incorporation by reference is acceptable as a means of avoiding unnecessary repetition within the promulgated document of published information already reasonably available to the class affected. Examples include: (i) Construction standards promulgated by a professional association or architects, engineers, or builders. (ii) Code of ethics promulgated by professional organizations. (iii) Forms and formats publicly or privately published and readily available to the persons required to use them. (d) It is incumbent upon each component to review all information of the type described in paragraph (b) of this section, to insure that it is published on an up-to-date basis in the FEDERAL REGISTER, including every amendment revision, or repeal. No member of the general public can be required to resort to, or be adversely affected by, any material not published as required by the foregoing provisions of §336.5 unless he has actual and timely notice of the content of that material. [40 FR 4911, Feb. 3, 1975. Redesignated at 41 FR 27074, July 1, 1976. Redesignated and amended at 56 FR 64482, Dec. 10, 1991] $336.6 Petitions. Each component shall accord any in- [40 FR 4911, Feb. 3, 1975. Redesignated at 41 § 336.7 Effective date and implementa- This part becomes effective on February 1, 1975, but is applicable only to the regulations promulgated under the authority of a component after April 1, 1975. Two copies of implementing regulations shall be forwarded to the General Counsel of the Department of Defense on or before April 1, 1975. [40 FR 4911, Feb. 3, 1975. Redesignated at 41 FR 27074, July 1, 1976. Redesignated at 56 FR 64482, Dec. 10, 1991] PART 337-AVAILABILITY OF DOD Sec. AND 337.1 Ordering DoD Directives, DoD Instructions, and Changes. 337.2 Ordering DoD Publications. AUTHORITY: 10 U.S.C. 133, 31 U.S.C. 483a. § 337.1 Ordering DoD Directives, DoD Instructions, and Changes. DoD Directives, DoD Instructions, and changes published in Chapter 2 Number Index section of DoD 5025.1-I, § 337.2 Ordering DoD Publications. DoD publications and changes published in Chapter 3-Publications sec tion of DoD 5025.1-1, "DoD Directives System Annual Index" are available from the various sources that are idertified in the Availability Column. Addresses for forwarding written requests to the various sources are listed at the beginning of chapter 3. A fee will be charged for DoD Publications ordered from the National Technical Information Service. [56 FR 64482, Dec. 10, 1991] PART 338-AVAILABILITY TO THE AUTHORITY: 10 U.S.C. 133, 5 U.S.C. 552. § 338.1 Ordering DNA issuances. (a) The DNA issuances published in the DNA indexes are published under the following subject groups: 1000-Manpower, Personnel and Reserve 4000-Logistics and Resources Management DNA Instruction 5025.80, Index to Adminis- AFRRI Instruction 5025.26N, Index to AFRRI FC, DNA Instruction 5025.8B, Index to FC, (b) Copies of DNA indexes and instructions may be ordered by telephone or letter. The commercial telephone number is (703) 325-7095. Include personal or company name, street address or post office box, city, state, country (if applicable) and zip code when submitting requests. Submit written re lests to: Defense Nuclear Agency, ublic Affairs Office, Washington, DC 1305-1000. (c) This service is provided to the ublic and to federal agencies other han the Department of Defense. DNA does not charge for requests for an index and one instruction; however, fees for larger orders are determined on a case-by-case basis. [51 FR 41300, Nov. 14, 1986. Redesignated at 56 FR 64482, Dec. 10, 1991] SUBCHAPTER Q-(RESERVED) SUBCHAPTER R-ORGANIZATIONAL CHARTERS PART 340-ORDER OF SUCCESSION Sec. 340.1 Purpose. 340.2 Applicability. AUTHORITY: 10 U.S.C. 301; E.O. 12787, 56 FR 517, January 7, 1992. SOURCE: 57 FR 4854, Feb. 10, 1992, unless otherwise noted. $340.1 Purpose. This part establishes the order of succession to act as Secretary of Defense pursuant to Executive Order 12787. The order of succession to act as Secretary of the Army, Secretary of the Navy, and Secretary of the Air Force is specified in 10 U.S.C. 3017, 5017, and 8017. §340.2 Applicability. This part applies to the Office of the Secretary of Defense, the Military Departments, the Chairman of the Joint Chiefs of Staff and the Joint Staff, the Unified and Specified Commands, the Inspector General of the Department of Defense, the Defense Agencies, and the DoD Field Activities. $340.3 Policy. (a) In the event of the death, permanent disability, or resignation of the Secretary of Defense, DoD officials, in the order specified in Executive Order 12787, shall act for and exercise the powers of the Secretary of Defense. (b) Officials listed in Executive Order 12787 shall be fully familiar with the order of succession to the position of Secretary of Defense. PART 341-DELEGATION OF AU- AUTHORITY: 10 U.S.C. 113. $341.1 Purpose. (a) In accordance with the authori ties contained in 10 U.S.C. 113, the Secretary of Defense has delegated Deputy Secretary of Defense John M. Deutch full power and authority to act for the Secretary of Defense and to exercise the powers of the Secretary of Defense upon any and all matters concerning which the Secretary of Defense is authorized to act pursuant to law. (b) The all-inclusive authority delegated herein may not be redelegated in toto; however, the Deputy Secretary is authorized to make specific redelegations, as required. [59 FR 13457, Mar. 22, 1994] PART 342-DEPARTMENT OF DE- Sec. 342.2 Mission. 342.3 Organization and management. 342.6 Authorities. 342.7 Administration. APPENDIX A TO PART 342-DELEGATIONS OF AUTHORITY: 10 U.S.C. 301. SOURCE: 58 FR 48307, Sept. 15, 1993, unless otherwise noted. § 342.1 Purpose. (a) Establishes the DoD Civilian Personnel Management Service (CPMS) within the Department of Defense, pursuant to the authority vested in the Secretary of Defense under title 10, with the mission, organization, responsibilities, functions, relationships, and authorities as prescribed herein. (b) Applies to the Office of the Secretary of Defense; the Military Departments; the Chairman of the Joint Chiefs of Staff and the Joint Staff; the Unified and Specified Combatant Commands; the Office of the Inspector General, Department of Defense; the Defense Agencies; and the DoD Field Activities (hereafter referred to collectively as "the DoD Components"). |