matter within the sole and exclusive prerogative of the component be extended where it is found to be in the interest of the DoD Component or the public. After careful consideration of all relevant matter presented, the component shall incorporate in the adopted regulation a concise general statement of its basis and purpose. A preamble to the adopted regulation may be published in the FEDERAL REGISTER to explain the relationship of the adopted rule to the proposed rule, including the nature 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 a 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.

(2) The procedures by which a DoD Component conducts its business with the public, both formally and informally.

(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,

statements of general policy, or interpretation of general applicability adopted by the agency, and other substantive rules of general applicability affecting the public.

(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.

(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 interested person the right to petition for the issuance, amendment, or repeal of a regulation that originates or would originate, for the Department of Defense or that component, a policy, requirement, or procedure coming within the scope of § 336.4. Any such petition shall be given full and prompt consideration by the component charged with the responsibility for issuing such a regulation. The petitioner shall be advised in writing of the disposition, and the reason for the disposition, of any written petition for the issuance, amendment, or repeal of a regulation. The official responsibility for disposition of the petition may at his absolute discretion, grant the petitioner a right to appear for the purpose of supporting his petition if this is compatible with the orderly conduct of public business.

[40 FR 4911, Feb. 3, 1975. Redesignated at 41 FR 27074, July 1, 1976. Redesignated and amended at 56 FR 64482, Dec. 10, 1991]

PART 338-AVAILABILITY TO THE PUBLIC OF DEFENSE NUCLEAR AGENCY (DNA) INSTRUCTIONS AND CHANGES THERETO

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
2000 International Programs
3000-Intelligence

4000-Logistics and Resources Management 5000-General Administration

6000-Health and Medical

7000 Comptrollership

DNA Instruction 5025.80, Index to Administrative Publications

AFRRI Instruction 5025.26N, Index to AFRRI Publications

FC, DNA Instruction 5025.8B, Index to FC, DNA Administrative Instruction

(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 requests to: Defense Nuclear Agency, Public Affairs Office, Washington, DC 20305-1000.

(c) This service is provided to the public and to federal agencies other

than 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]

PART 340-ORDER OF SUCCESSION OF OFFICERS TO ACT AS SECRETARY OF DEFENSE

Sec.

340.1 Purpose.

340.2 Applicability. 340.3 Policy.

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 342-DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL

MANAGEMENT SERVICE

Sec.

342.1 Purpose.

342.2 Mission.

342.3 Organization and management.

342.4 Responsibilities and functions.

342.5 Relationships.

342.6 Authorities.

342.7 Administration.

APPENDIX A TO PART 342-DELEGATIONS OF

AUTHORITY

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").

§342.2 Mission.

The CPMS shall provide civilian personnel policy support, functional information management, and civilian personnel administrative services to the DoD Components and their activities. § 342.3 Organization and management.

The CPMS is hereby established as a DoD Field Activity under the authority, direction, and control of the Assistant Secretary of Defense (Personnel and Readiness) (ASD(P&R)). The CPMS shall consist of a Director and such subordinate elements as the Director establishes, within the resources authorized by the Secretary of Defense.

§ 342.4 Responsibilities and functions. (a) The Director, DoD Civilian Personnel Management Service shall:

(1) Organize, direct, and manage the CPMS and all assigned resources.

(2) Advise and assist the ASD(P&R) and the Deputy Assistant Secretary of Defense (Civilian Personnel Policy and Equal Opportunity) (DASD(CPP/EO)) within assigned responsibilities and functions.

(3) Provide support to the DoD Components in the administration of civilian personnel policy and programs, as directed.

(4) Administer civilian personnel functional information management activities including, but not limited to, business improvement and functional economic analyses.

(5) Administer civilian personnel programs specified in DoD Directive 5120.391; DoD Directive 5120.422; DoD Directive 5010.313; DoD Directive 1400.204; and DoD Directive 1430.145.

(6) Perform such other functions as the ASD(P&R) may prescribe.

(b) The Assistant Secretary of Defense (Personnel and Readiness) shall: (1) Exercise authority, direction, and control over the CPMS.

(2) Recommend policies and resources for the administration of the CPMS to the Secretary of Defense.

§342.5 Relationships.

(a) In the performance of assigned duties, the Director, CPMS, shall:

(1) Exchange information and advice and coordinate actions with DoD Components, as required, to carry out assigned responsibilities and functions.

(2) Use established facilities and services in the Department of Defense and other Government Agencies, whenever practicable, to achieve maximum efficiency and economy of operations.

(3) Consult and coordinate with other governmental and nongovernmental agencies, as required, to carry out assigned responsibilities and functions.

(b) All DoD Components shall coordinate with the Director, CPMS, as appropriate, on matters affecting the operation of the CPMS.

1 Copies may be obtained, at cost, from the National Technical Information Services, 5285 Port Royal Road, Springfield, VA 22161. 2 See footnote 1 to §342.4(a)(5). 3 See footnote 1 to §342.4(a)(5).

4 See footnote 1 to §342.4(a)(5). 5 See footnote 1 to §342.4(a)(5).

§342.6 Authorities.

The Director, CPMS, is specifically delegated authority to:

(a) Represent the ASD(P&R) and the DASD(CPP/EO) on matters which fall within assigned responsibilities and functions.

(b) Obtain reports, information, advice, and assistance, consistent with the policies and criteria of DoD Directive 8910.16, as deemed necessary.

(c) Communicate directly with appropriate representatives of the DoD Components and other governmental and nongovernmental agencies on matters related to the CPMS. Communications to the Commanders of Unified and Specified Combatant Commands shall be transmitted through the Chairman of the Joint Chiefs of Staff.

(d) Exercise the administrative authorities in enclosure 2, when delegated by the ASD(P&R).

§342.7 Administration.

(a) The Director, CPMS, shall be a civilian selected by the ASD(P&R).

(b) The CPMS shall be authorized such personnel, facilities, funds, and other resources as the Secretary of Defense deems necessary.

(c) The Military Departments shall assign military personnel to the CPMS in accordance with approved authorizations and established procedures for assignment to joint duty.

(d) Administrative support for the CPMS shall be provided by the DoD Components through inter-service support agreements in accordance with DoD Directive 4000.196.

APPENDIX A TO PART 342-DELEGATIONS OF AUTHORITY

Pursuant to the authority vested in the Secretary of Defense, and subject to the direction, authority, and control of the Secretary of Defense, and in accordance with DoD policies, Directives, and Instructions, the Assistant Secretary of Defense (Personnel and Readiness) (ASD(P&R)), or in the absence of the ASD(P&R), the person acting for the ASD(P&R), is hereby delegated authority as required in the administration and operation of the DoD Civilian Personnel Management Service to:

1. Establish advisory committees and employ temporary or intermittent experts or

6 See footnote 1 to §342.4(a)(5).