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B-177092 1 (1974-03-08)

handle is hein.gao/gaobabkwq0001 and id is 1 raw text is: RESTRICTED - Not to be released outside *he General 7 I 7 7 2 Accounting Office except on the basis of specific approval by the Office of Congressional Relatons, a record of whichb is ketbyWe~ffl Oon: ketWASH-INGION. D.C. 04 RELEASED MAR R 1974 B-177092 The Honorable Henry S. Reuss Chairman, Subcommittee on Conservation and Natural Resources Committee On Government Operations House of Representatives SDear Mr. Chairman: This is our response to your September 19, 1973, letter, as modified by subsequent discussions with your office, concerning several matters in our report (B-177092, Sept. 12, 1973) entitled Railroad Relocation at the R.D. Bailey Project, Justice, West Virginia. You requested that we determine: 1. Whether the Corps of Engineers published its railroad relocation regulations in the Federal Register and, if not, whether such regulations should be published under the provisions of the Administrative Procedure Act re- lating to rulemaking (5 U.S.C. 553) or information publication (5 U.S.C. 552(a)(1)(D) and (E)). 2. Whether increases in railroad relocation and project costs were largely due to a failure to seek sufficient funds to complete the relocation on time. RAILROAD RELOCATION INSTRUCTIONS The Corps' railroad relocation regulations, entitled Engineer Contract Instructions, have not been published in the Federal Register. The Corps' regulations implement and supplement the Armed Services Pro- curement Regulations and the Army Procurement Procedure and establish for Corps employees uniform legal and administrative requirements and procedures to be followed in making, administering, and terminating contracts; resolving claims and appeals; and conducting litigation. Section 553 of title 5 prescribes agency rulemaking procedures., including publishing notices of proposed rules in the Federal Register. However, subsection (b), section 553, sp2cifically exempts from the requirement for publication of proposed rulemakings interpretive rules, general statements of policy, or rules of agency organization, proce- dure, or practice. FO 0 3

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