81 FR 78951 - Law Enforcement Operations and Investigations

DEPARTMENT OF DEFENSE
Department of the Army

Federal Register Volume 81, Issue 218 (November 10, 2016)

Page Range		78951-78952
FR Document		2016-27163

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.

Federal Register, Volume 81 Issue 218 (Thursday, November 10, 2016)

[Federal Register Volume 81, Number 218 (Thursday, November 10, 2016)]
[Proposed Rules]
[Pages 78951-78952]
From the Federal Register Online [www.thefederalregister.org]
[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

78952 Federal Register / Vol. 81, No. 218 / Thursday, November 10, 2016 / Proposed Rules

National Environmental Policy Act List of Subjects in 32 CFR Part 637 Subpart B—[Reserved]
The Department of the Army has Law enforcement, Law enforcement [FR Doc. 2016–27163 Filed 11–9–16; 8:45 am]
determined that this rule is not covered officers, Law enforcement operations, BILLING CODE 500–03–P
under the National Environmental Detention operations.
Policy Act because the rule does not Thomas S. Blair,
have a significant impact on the Chief, Law Enforcement Branch.
environment. DEPARTMENT OF HOMELAND
■ For reasons discussed in the SECURITY
Paperwork Reduction Act preamble, the Department of the Army
proposes to revise 32 CFR part 637 as Coast Guard
The Department of the Army has
follows:
determined that the Paperwork
33 CFR Part 117
Reduction Act does not apply because PART 637—LAW ENFORCEMENT
the rule does not involve collection of OPERATIONS AND INVESTIGATIONS
information from the public. [Docket No. USCG–2016–0523]
Subpart A—Detention Cell Operations
Executive Order 12630 (Government Sec. RIN 1625–AA09
Actions and Interference With 637.1 Objective and policy.
Constitutionally Protected Property Drawbridge Operation Regulation; Rice
Subpart B—[Reserved]
Rights) Creek, Putnam County, FL
Authority: 10 U.S.C. 807.
The Department of the Army has AGENCY: Coast Guard, DHS.
determined that Executive Order 12630 Subpart A—Detention Cell Operations ACTION: Notice of proposed rulemaking.
does not apply because the rule does not
impair private property rights. § 637.1 Objective and policy. SUMMARY: The Coast Guard proposes to
(a) Objective. Every effort will be modify the operating schedule that
Executive Order 12866 (Regulatory governs the CSX Railroad Bridge across
taken to ensure that detained personnel
Planning and Review) and Executive the Rice Creek, mile 0.8, in Palatka,
remain in custody only when necessary.
Order 13563 (Improving Regulation Putnam County, FL.
Persons will remain in custody for
and Regulatory Review) This proposed rule would change the
minimum periods, under proper
supervision. All persons in custody are existing open on demand during the day
Although this rule is not and 24 hour advance notice for a bridge
‘‘economically significant’’ because it treated in a humane manner and in an
environment which will not impair opening during the night, to 24 hour
does not have an annual effect on the advance notice for an opening at all
economy of $100 million or more or their health or subject the detainee to
unreasonable discomfort. times. This proposal is being made due
adversely affect in a material way the to the minimal drawbridge openings
economy, it has been deemed ‘‘other (b) Policy. Military and civilian requested over the past several years.
significant’’ for raising novel legal or personnel apprehended by military This modification would allow the
policy issues arising out of legal police may be detained in a military bridge owner to leave the bridge
mandates, the President’s priorities, or police detention cell (D-cell) only when unmanned other than when an opening
the principles set forth in these necessary to prevent escape or to ensure is requested and it would have little to
Executive Orders. For that reason, it has safety of the detainee or others. no effect on navigation.
been reviewed by the Office of (1) Detention of civilian personnel not DATES: Comments and related material
Management and Budget (OMB). subject to the UCMJ is authorized only must reach the Coast Guard on or before
while the civilian personnel are pending January 9, 2017.
Executive Order 13045 (Protection of release to civilian authorities. Detention
Children From Environmental Health ADDRESSES: You may submit comments
of civilian personnel will be done only
Risk and Safety Risks) in the case of a serious felony and when identified by docket number USCG–
the individual is a flight risk, or is a risk 2016–0523 using Federal eRulemaking
The Department of the Army has to self or others, and must be approved Portal at http://www.regulations.gov.
determined that Executive Order 13045 by a commissioned officer designated by See the ‘‘Public Participation and
does not apply because this substantive the senior commander. In no case will Request for Comments’’ portion of the
action in rulemaking is neither SUPPLEMENTARY INFORMATION section
detention exceed 12 hours.
economically significant nor does the below for instructions on submitting
(2) Male and female personnel will comments.
action concern the environmental health not be detained in the same cell
or safety risks to children. simultaneously. FOR FURTHER INFORMATION CONTACT: If
(3) The use of other military service you have questions on this proposed
Executive Order 13132 (Federalism)
or civilian detention facilities to detain rule, call or email Mr. Rod Elkins with
The Department of the Army has personnel in police custody is the Coast Guard; telephone 305–415–
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS

determined that according to the criteria authorized. When other military service 6989, email rodney.j.elkins@uscg.mil.
defined in Executive Order 13132 this facilities are used, the time limitations SUPPLEMENTARY INFORMATION:
rule does not apply because it will not and other procedures described above I. Table of Abbreviations
have a substantial effect on the States, apply. Only those civilian facilities that
on the relationship between the national have been evaluated by the U.S. Marshal CFR Code of Federal Regulations
government and the States, or on the Service and deemed appropriate for use DHS Department of Homeland Security
FR Federal Register
distribution of power and will be utilized. NPRM Notice of proposed rulemaking
responsibilities among the various (4) Juveniles will not be detained in § Section
levels of government. Army LE D-cells. U.S.C. United States Code

VerDate Sep<11>2014 17:02 Nov 09, 2016 Jkt 241001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\10NOP1.SGM 10NOP1

Document Created: 2016-11-10 01:43:39
Document Modified: 2016-11-10 01:43:39

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed rule.
Dates		Consideration will be given to all comments received by: January 9, 2017.
Contact		Mr. Jeff Pearce, (703) 695-8499.
FR Citation		81 FR 78951
RIN Number		0702-AA72
CFR Associated		Law Enforcement; Law Enforcement Officers; Law Enforcement Operations and Detention Operations

81 FR 78951 - Law Enforcement Operations and Investigations

DEPARTMENT OF DEFENSEDepartment of the Army

Federal Register Volume 81, Issue 218 (November 10, 2016)

DEPARTMENT OF DEFENSE
Department of the Army