Week 2 GM520 - Assignment
1. State the administrative agency which controls the regulation. Explain why this agency and your proposed regulation interest you (briefly). Will this proposed regulation affect you or the business in which you are working? If so, how? Submit a copy of the proposed regulation along with your responses to these five questions. The proposed regulation can be submitted as either a separate Word document (.doc) or Adobe file (.pdf). This means you will submit two attachments to the Week 2 Dropbox: (1) a Word doc with the questions and your answers and (2) a copy of the proposed regulation you used for this assignment. (10 points)
AGENCY: Office of the Secretary, Department of Defense
ACTION: Proposed rule :: Smoking Cessation Program under TRICARE
This will affect me as most of my friends/neighbors/relatives do smoke and I am always being a passive smoker which is affecting my health badly.
2. Describe the proposal/change. (10 points)
The proposal helps smokers to quit smoking under TRICARE coverage. Which would help common people with wider access and ways to quit smoking. The proposed rule should expand the phone access & face-face interaction at least to the military personnel internationally in the initial phase also. 3. Write the public comment which you would submit to this proposal. If the proposed regulation deadline has already passed, write the comment you would have submitted. Explain briefly what you wish to accomplish with your comment. (10 points)
My comment is that this proposed rule should come into force immediately. An estimated 443,000 deaths in the United States each year can be avoided by implementing this rule. So that we can save the mankind from dangerous ill-health. I wish to have them reconsider this new rule.
4. Provide the "deadline" by which the public comment must be made. (If the date has already passed, please provide when the deadline was). (5 points)
Posted Received Date: September 20 2011, at 10:02 AM Eastern Daylight Time
Date Posted: September 20 2011, at 12:00 AM Eastern Daylight Time
CFR:32 CFR Part 199Federal Register Number:2011-23764Start-End Page:58199 – 58202
Comment Start Date:September 20 2011, at 12:00 AM Eastern Daylight Time Expires/Comment Due Date:November 21 2011, at 11:59 PM Eastern Standard Time Page Count:4

5. a. Once you have submitted your comment, what will you be legally entitled to do later in the promulgation process (if you should choose to do so)? (See the textbook's discussion of the Administrative Procedure Act.)
During promulgation process the rule can be challenged on several grounds. The first ground on which to challenge an agency rule is that it is arbitrary, capricious, an abuse of discretion, or in violation of some other law. This standard is generally applied to informal rulemaking and simply requires the agency to show evidence to support the proposed rule. Without such evidence, the rule can be held to be arbitrary and capricious. b. If the proposal passes, identify and explain the five legal theories you could use in an attempt to have the regulation declared invalid and overturned in court.
I can oppose the regulation which were tried to implemented based on some facts like an estimate 443,000 deaths in the United States each year. Its just an estimate but not based on true facts. Additionally there will be a huge burden on the tax payers for the expenditure of this the rule implementation.
US national’s especially Military personal who are at international locations on government projects cannot avail this benefit. There is discretion on this facility availability. What is the point if everyone is not eligible to avail the benefits of this rule?
c. Which of these challenges would be the best way to challenge the regulation you selected for this assignment if you wanted to have the regulation overturned and why?

I would choose the ‘discretion showed on benefit availability’ to challenge this rule in the court. In my opinion the Military and Designated officials who stay out of country on government assignments cannot avail this benefit. So, what’s the point of making a rule which has is not reaching all the intended audiences.