The Fish and Wildlife Service usually publishes more than 500 Federal Register documents annually.

   

 

The Division of Policy and Directives Management (PDM):

 

·          Serves as liaison with the Interior Department's Office of Regulatory Affairs, the Office of the Federal Register, and the Office of Management and Budget.

·          Oversees the Service's regulatory program to ensure compliance with Title 1 of the Code of Federal Regulations and Part 318 of the Departmental Manual.

·          Coordinates and reviews rulemaking documents (such as proposed and final rules published in the Federal Register) for adherence to the Administrative Procedure Act, Regulatory Flexibility Act, Small Business Regulatory Enforcement Fairness Act, Unfunded Mandates Reform Act, and several Executive Orders governing the issuance of regulations.

·          Provides training and assists program offices with the preparation of Federal Register documents.

 

 

Your PDM Regulatory Contacts are:

 

Susan Wilkinson, Susan_Wilkinson@fws.gov

Anissa Craghead, Anissa_Craghead@fws.gov

Sara Prigan, Sara_Prigan@fws.gov

 

Your PDM Regulations.gov / Federal Docket Management System (FDMS) Administrator is:

 

Marcia Cash, Marcia_Cash@fws.gov

 

 

 

Getting Started:  What Do I Do Before I Begin Drafting a Proposed or Final Rule?

Next Steps 1:  Information for Drafting Proposed Rules

Next Steps 2:  Information for Drafting Final Rules

Clearance:  Procedures for Proposed and Final Rules

Other Documents 1:  Information for Making Available Policy Documents

Other Documents 2:  Information for Notices



Getting Started:  What Do I Do Before I Begin Drafting a Proposed or Final Rule?

 

Before you begin drafting a PROPOSED RULE, you need to:

1.    Complete a Regulatory Information Data (RID) Form (Form 3-2394 & Instructions) so that PDM can assign you a Regulation Identifier Number (RIN).  The RIN is the number that the Office of Management and Budget uses to track regulations.

 

2.    Complete FWS Form 3-2188, " Regulatory Action Alert Form" (RAAF), so that PDM can notify DOI’s Office of the Executive Secretariat that you are planning a rulemaking action.  Your completed RAAF will be distributed to other DOI bureaus so that they can identify any issues with your proposed rule before it publishes in the Federal Register.

 

3.    Complete FWS Form 3-2198 "Federal Register Document Review Request", This Cover Sheet should be include with the package you drop off in PDMS's office, or attached to the email if you send the document to PDM electronically. The completed Cover Sheet will give the reviewers in PDM contact information for the document, and the FDMS Administrator will use it to determine whether a new Docket ID should be created, or a new Phase entered into an existing Docket.

 

Before you begin drafting a FINAL RULE, you need to:

1.    Ensure that the RIN that appeared on the proposed rule is still active.  Contact PDM for help.  An active RIN will appear in the headings of your final rule.

 

2.    If your final rule is substantively different from your proposed rule, complete a Regulatory Action Alert Form (RAAF) so that PDM can notify DOI’s Office of the Executive Secretariat that you are planning to publish a final rule containing substantive changes from what you proposed.  Your completed RAAF will be distributed to other DOI bureaus so that they can identify any issues with your final rule before it publishes in the Federal Register.

 

3.    Complete FWS Form 3-2198 "Federal Register Document Review Request", This Cover Sheet should be include with the package you drop off in PDMS's office, or attached to the email if you send the document to PDM electronically. The completed Cover Sheet will give the reviewers in PDM contact information for the document, and the FDMS Administrator will use it to determine whether a new Docket ID should be created, or a new Phase entered into an existing Docket.

 

 


Next Steps 1:  Information for Drafting Proposed Rules

 

A proposed rule is a document that proposes changes to the Service's regulations in the Code of Federal Regulations (CFR) and requests public comments on those proposed changes.

 

 

Reference material

       Chapter one of the Office of the Federal Register’s (OFR) Document Drafting Handbook offers instructions for what to include in, and how to format, your proposed rule to meet OFR's publication requirements.  It also explains how to submit a document to OFR. 

       Drafting and clearance information specific to the Service is available through the FWS Manual at 202 FW 1 through 7. 

·               To help you determine how to construct, and where to fit in, your proposed CFR text, refer to the electronic CFR.  Service regulations are in title 50 of the CFR. 

       PDM keeps an electronic library of the Service’s Federal Register publications dating back several years.  This library can help you research past regulatory actions that relate to the action you are proposing.  You should include this information in the SUPPLEMENTARY INFORMATION section of your proposed rule. 

       For older Federal Register publications, check HeinOnline.  This service allows you to research Federal Register documents from OFR’s first publication in 1936 to the current year.   Please be aware that the Service pays for HeinOnline access, and access is restricted to FWS workstations and VPN users.

Drafting help

       To assist with your Required Determinations section, as well as other aspects of your proposed rule, refer to PDM’s Rulemaking Reference Guide. 

       For information on how to comply with requirements under the National Environmental Policy Act (NEPA), visit the Service’s NEPA website. 

       For information on how to comply with requirements for economic analyses, visit the Service’s Division of Economics website.  

       For information on writing Federal Register documents in plain language, review Part 318 of the Departmental Manual and visit the National Partnership for Reinventing Government's plain language website.

Submission to PDM

When you bring your rule to PDM for review, please use a coversheet   (FWS Form 3-2198) to provide us your contact information and your requested review timeframe.

 

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Next Steps 2:  Information for Drafting Final Rules

A final rule is a document that changes the Service's regulations in the Code of Federal Regulations (CFR)


Your proposed rule is an excellent resource to work from when drafting your final rule. Please be aware, however, that final rules have certain unique components that your proposed rule does not have, such as an effective date and a section responding to public comments received on the proposed rule.


Reference material

       Chapter two of the Office of the Federal Register’s (OFR) Document Drafting Handbook  offers instructions for what to include in, and how to format, your final rule to meet OFR's publication requirements.  It also explains how to submit a document to OFR. 

       Drafting and clearance information specific to the Service is available through the FWS Manual at 202 FW 1 through 7 . 

·               To help you determine whether the amendatory instructions (to change the CFR text) in your proposed rule are still accurate for use in the final rule, refer to the electronic CFR.  Service regulations are in title 50 of the CFR. 

       PDM keeps an electronic library  of the Service’s Federal Register publications dating back several years.  This library can help you find a copy of your proposed rule or research other past regulatory actions that relate to your final rule.  You should refer to these documents in the SUPPLEMENTARY INFORMATION section of your final rule.

       For older Federal Register publications, check HeinOnline .  This service allows you to research Federal Register documents from the Register’s first publication in 1936 to the current year.   Please be aware that the Service pays for HeinOnline access, and access is restricted to FWS workstations and VPN users.

Drafting help

       To assist with your Required Determinations section, as well as other aspects of your final rule, refer to PDM’s Rulemaking Reference Guide  . 

       For information on how to comply with requirements under the National Environmental Policy Act (NEPA), visit the Service’s NEPA website . 

       For information on how to comply with requirements for economic analyses, visit the Service’s Division of Economics website .  

       For information on writing Federal Register documents in plain language, review Part 318 of the Departmental Manual and visit the National Partnership for Reinventing Government's plain language website.

Submission to PDM

       When you bring your rule to PDM for review, please use a coversheet   (FWS Form 3-2198) to provide us your contact information and your requested review timeframe.

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Clearance:  Procedures for Proposed and Final Rules

Each program has its own process for the clearance of documents.

Generally, you will obtain at least your program’s approval (surname) of your draft document before the draft comes to PDM for review.  In most cases, PDM is an early stop on the surname route so that the other offices can review your document in the proper format for publication.  In some cases, however, PDM’s review of your draft document happens at the same time as review by other offices (such as the Solicitor’s Office or other FWS program offices).

 

PDM reviews your draft proposed or final rule for:

¨      Compliance with Office of the Federal Register formatting requirements,

¨      Conformance with Government Printing Office Style Manual guidance,

¨      Adherence to the Acts and Executive Orders that govern rulemaking, and

¨      Clear, easy-to-understand writing.

 

Later stops on the surname route include the Director’s Office, Office of the Assistant Secretary for Fish and Wildlife and Parks, and the Secretary’s Office.  PDM will contact you when the Secretary’s Office clears your proposed or final rule.  The Secretary’s Office will clear your proposed or final rule to go either:

¨      The Office of Management and Budget (OMB) for review, or

¨      The Office of the Federal Register for publication.

 

 

 

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OMB Information

 

Does your document need review by the Office of Management and Budget (OMB)?

 

OMB determines, based on information the Service provides quarterly and at OMB’s special request, whether a rule or notice is:

¨      “Significant,” and OMB therefore will formally review it,

¨      “Not significant,” and OMB either will not review it or, in some cases, will informally review it.

OMB bases its determination on factors laid out in Executive Order 12866.  When OMB decides that it wants to review a rule or notice either formally or informally, OMB review of that document must happen prior to the document’s publication in the Federal Register. Refer to 202 FW 4.3C   for more information. In addition, all information collections (under the Paperwork Reduction Act of 1995) need OMB review and approval.

 

Significant rules: Email an electronic version of the rule and, if applicable, the economic analysis to Sara Prigan, Susan Wilkinson, and Anissa Craghead at:

 

Sara_Prigan@fws.gov     Susan_Wilkinson@fws.gov     Anissa_Craghead@fws.gov

 

 

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Federal Register Submission Information

For questions about submitting documents to the Federal Register for publication, contact PDM's Federal Register Liaison:

                                 Sara Prigan

          Phone:          703-358-2508

          Fax:               703-358-2269

          Email:           Sara_Prigan@fws.gov

                                  

After your document has been approved for publication by the Department, send it by FedEx (or hand-deliver it) to:

 

                  The Office of the Federal Register

                  800 North Capitol Street, NW, Suite 700

                  Washington , DC 20001

                  (Destination phone number, for the FedEx airbill: 202-741-6000)

 

 

For detailed information on what to include in your submission to the Federal Register, refer to 202 FW 4.2.

 

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Congressional Review Act Information

Is your document a final rule, direct final rule, interim rule, or emergency rule?

 

If your rule is a final rule, direct final rule, interim rule, or emergency rule, you need to provide copies to the U.S. Government Accountability Office (GAO), U.S. House of Representatives, and U.S. Senate on the day of publication in the Federal Register.

The copies you provide to GAO, House, and Senate need to be accompanied by the following form:  Submission of Federal Rules under the Congressional Review Act   (Form 3-2393).   See 202 FW 4.3D and 202 FW 4.4 for more information.  

Delivery Instructions for GAO General Counsel's Office

 

Email address for the rule and Congressional Review Act  (CRA) form* :  rulesC@gao.gov

 

( * When you email the CRA form to GAO, you should type in the signing official's name and then type "signed" next to the signing official's name. Copy Susan Wilkinson, Anissa Craghead, and Sara Prigan on the email you send to GAO.  Save the return email you receive as your receipt.)

 

 

Delivery Instructions for House and Senate

 

PDM delivers final rules to the House and Senate as needed.  Bring all of the following documents to PDM if you need a rule delivered to the House and Senate:

 

¨      For the House: One (1) complete copy of your signed rule, with two (2) copies of a signed CRA form marked to go to the House attached to the front.

 

¨      For the Senate: One (1) complete copy of your signed rule, with two (2) copies of a signed CRA form marked to go to the Senate attached to the front.

After delivery, PDM will return one “receipt” copy of the CRA form from the House and one from the Senate to you to put in your administrative record.

 

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Other Documents 1:  Information for Making Available Policy Documents

 

A policy document is guidance to help the public understand and comply with the Service's regulations. It does not, however, amend the Service's regulations in the Code of Federal Regulation.

  Policy documents, if they are indeed policy documents and not "interpretive rules" , are made available for public review and comment through standard notices of availability and follow the notice procedures  for Federal Register drafting, clearance, and publication purposes.  Policy documents have no enforceable legal effect.

If you are writing a policy document, you should contact the Solicitor’s Office (SOL) early in the process to ensure that SOL does not consider your document in fact to be rulemaking and, therefore, subject to the regulatory requirements for proposed and final rules.

Requirements for policy documents change if your policy document is considered a “significant guidance document.”  For information on significant guidance documents, see:  http://www.fws.gov/pdm/significantguidancedocuments.pdf

 

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Other Documents 2:  Information for Notices

 

A notice advises the public of information or an event. It does not amend the Service's regulations in the Code of Federal Regulations.

Drafting help

       Chapter three  of the Office of the Federal Register’s (OFR) Document Drafting Handbook  offers instructions for what to include in, and how to format, your notice to meet the OFR's publication requirements.  It also explains how to submit a document to OFR. 

       Drafting and clearance information specific to the Service is available through the FWS Manual at 202 FW 1 through 7 . 

·               For information on writing Federal Register documents in plain language, review Part 318 of the Departmental Manual and visit the National Partnership for Reinventing Government's plain language website.

 

Reference material

       PDM keeps an electronic library  of the Service’s Federal Register publications dating back several years.  This library can help you research past actions that relate to your notice.

       For older Federal Register publications, check HeinOnline .  This service allows you to research Federal Register documents from the Register’s first publication in 1936 to the current year.   Please be aware that the Service pays for HeinOnline access, and access is restricted to FWS workstations and VPN users.

Submission for clearance

       You will use the Service’s Document Tracking System (DTS) to move your notice through the surname route.  For information on using DTS for the Federal Register notice clearance process, click here.

Required Accompanying Documents to Obtain Headquarters Clearance for Notices for Permits Under Sections 10(a)(1)(A) or 10(a)(1)(B) of the Endangered Species Act

●       Requirements for clearance in U.S. Fish and Wildlife Service Headquarters and the Department of the Interior (DOI) vary by permit type. To see a table, click here.

 

 

Last updated: August 5. 2014