is the purpose of this and the other chapters in Part 202? This chapter is one of seven
chapters in part 202 that describe policies and procedures for preparing and
issuing Federal Register documents.
A. Chapter 1, Overview and Definitions
for Publishing Federal Register Documents, provides basic information on:
(1) Legal authorities,
(2) Service responsibilities, and
(3) Definitions of terms we use in Part
B. Chapter 2, Preparation for
Rulemaking, provides guidance on how to begin the process of amending the
Code of Federal Regulations.
C. Chapter 3, Composition and
Content of Rulemaking Documents, expands on the guidance in Part 318 of the Departmental Manual (DM) and
the Office of the Federal Register’s Document Drafting Handbook on writing a
D. Chapter 4, Clearance Procedures
for Rulemaking Documents, establishes the procedures that program offices
must follow after writing a rulemaking document.
E. Chapter 5, Federal Docket
Management System, provides guidance on using the Federal Docket Management
System (FDMS) to comply with e-rulemaking requirements.
F. Chapter 6, Composition and
Content of Notices, provides guidance on writing Federal Register notices.
G. Chapter 7, Clearance
Procedures for Federal Register Notices, establishes the procedures that
program offices must follow after writing a notice for publication.
is the scope of the chapters in Part 202?
A. The chapters in Part 202:
(1) Apply to the preparation of Federal
Register documents (see section
(2) Supplement the laws, regulations,
and guidelines we reference in section 1.4.
B. Employees should consult all
appropriate guidance when writing Federal Register documents.
What types of documents does the Service publish in the Federal Register? We publish documents in the Federal
Register to issue regulations and inform the public about our policies,
procedures, functions, and activities. The documents we publish most commonly
A. Advance notices of proposed
B. Proposed rules.
C. Interim rules.
D. Emergency rules.
E. Final rules.
1.4 What are the authorities for this
A. The Federal Register Act (FRA) (44 U.S.C., Chapter 15). (For details of the
basic requirements of the FRA, see Exhibit 1.)
B. The Administrative Procedure Act
(APA) (5 U.S.C. 551 et seq.). (For details of the
basic requirements of section 553, which is the section on informal
rulemaking, see Exhibit 1.)
C. Congressional Review Act (CRA) (5 U.S.C. 801 et seq.). (For basic
information about the CRA, see Exhibit 1.)
D. 318 DM, Federal Register Documents.
E. Title 1 of
the Code of Federal Regulations (CFR), parts 18, 21, 22, and 51.
F. Office of the Federal Register
(OFR) Document Drafting Handbook.
G. Executive Order (E.O.) 12866, Regulatory
Planning and Review. (For basic information about E.O. 12866, see Exhibit 1.)
H. Government Printing Office Style Manual.
I. The eGovernment Act of 2002 (44 U.S.C. 3501).
is responsible for Federal Register publication?
A. The Assistant Secretary for Fish
and Wildlife and Parks (A/S) or a secretarial officer must issue (sign)
rulemaking documents for the Service, except for those documents we describe
in section 1.5B(1) of this chapter. The A/S also signs most major policy
documents that we publish in the Federal Register.
B. The Director:
(1) May sign rulemaking documents that
pertain to adding, removing, or reclassifying species on the Lists of
Threatened and Endangered Wildlife and Plants in 50 CFR 17.
(2) Ensures that we write rules that are
clear and easy for the public to understand.
(3) Ensures that we develop rules and
get approval according to the criteria and procedures in 318 DM and Part 202
of the Service Manual.
(4) Ensures that we prepare regulatory
analysis documents when required.
(5) Requires the Chief, Division of
Policy and Directives Management (PDM), to designate at least two
employees to serve as principal and alternate Federal Register Liaison
C. The Assistant Director, Budget,
Planning and Human Capital oversees the administration of the Federal
Register document development and clearance process.
Assistant Directors, Regional Directors, Assistant Regional Directors, or their
(1) Determine the need for a rulemaking
(2) Conduct the first review of Federal
Register rule packages before sending them to Headquarters. This review
ensures readability and compliance with the rulemaking requirements.
(3) Sign Federal Register notices or
delegate signature authority to field managers.
or their designees are responsible for the content of rulemaking and notice
documents under their areas of jurisdiction.
F. The Chief, Division of Policy
and Directives Management:
(1) Administers the Federal Register
document publication process. PDM employees serve as principal and alternate
Federal Register Liaison and certifying officers.
(2) Assigns employees to be the point of
contact for the Office of the Federal Register (OFR) and the Department of
the Interior’s Office of the Executive Secretariat and Regulatory Affairs
(OES) on all matters related to Federal Register documents.
(3) Advises and assists employees
preparing and issuing Federal Register documents.
(4) Reviews Federal Register documents
for compliance with 318 DM, OFR’s style and format requirements,
and the many statutes and Executive Orders that govern the rulemaking
(5) Prepares required reports and
forecasts related to rulemaking.
terms do I need to know to understand the chapters in Part 202? The table below provides
definitions of several terms we use in Part 202.
OF TERMS: Click
on a letter below to find a term.
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
Notice of Proposed Rulemaking (ANPR). An ANPR is a document that describes the general
idea of a proposed rulemaking and asks questions for the public to answer.
We may choose to publish an ANPR if we have only a general idea of the
direction we want to follow for an agency action. After we consider the
public comments we receive and decide a course of action, we may then
publish a proposed rule.
copy (of a Federal Register document). A certified copy is a photocopy of the original
document on which the certifying officer puts the following statement at
the bottom of the signature page and signs and dates it: “Certified to be a
true copy of the original.” The same person who writes the disk
verification or cover letter for a Federal Register document may also
certify the copies of that document.
of Federal Regulations (CFR). The
CFR is a codification of the regulations Federal agencies issue in the
daily Federal Register. The CFR is revised annually. A daily update of the
CFR is available in print and online.
final rule. A
direct final rule (DFR) is a final rule that is not preceded by a proposed
rule. Federal agencies publish DFRs for routine or noncontroversial
regulations that should not generate adverse comment. A DFR becomes
effective on a specific future date unless we receive any adverse comments
on it within the specified comment period. If we receive any adverse
comments during the DFR’s public comment period, we must withdraw the DFR
before its effective date and publish the regulations in the DFR as a
ID number. A
docket ID number is a unique number that the Federal Docket Management
System assigns to each docket in the system.
Docket Manager is a level of access in the Federal Docket Management
System. If you have Docket Manager access, you can create dockets, manage
work assignments, and post documents in the system.
legislation includes language allowing us to publish emergency rules. The
Endangered Species Act (ESA), for example, allows us to publish emergency
rules to protect species in imminent danger of extinction. An emergency
rule under the ESA is effective for 240 days, during which time we may
engage in informal rulemaking to provide more permanent protection for the
Final rule. A final rule is the last step in
informal rulemaking. In a final rule, we address the comments we received
on the proposed rule and issue the actual rule language that becomes part
of the CFR. Final rules have the force of law.
review. If the
Office of Management and Budget (OMB) designates a document for formal
review, it means that OMB will review the rule under the parameters
established in E.O. 12866 (see 202 FW 2). Significant
rules generally undergo formal review.
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review. If OMB
designates that an informal review is necessary, we must e-mail a copy of
the rule to them. OMB generally reviews the document within 10 days and
might make informal comments to the program office about the rule.
rulemaking, also called “notice-and-comment rulemaking,” is the rulemaking
process described in section 553 of the APA. We issue all our rules using
(1) The informal
rulemaking process is intended to be a legislative-like process in which
the rule maker, like a legislator, gives the public an opportunity to
influence the making of a regulatory decision. Under the APA, any
“interested person” may submit comments. In its simplest form, informal
(a) Publishing a
proposed rule in the Federal Register,
the public comment received, and
(d) Publishing a
final rule in the Federal Register.
rulemaking is a type of rulemaking in which the agency, by statute, may
issue a rule only after an opportunity for a hearing “on the record.” The
agency must conduct a hearing according to the formal hearing provisions of
the APA (5 U.S.C. 556–557). The Service does not
engage in formal rulemaking.
Office of Management and Budget defines “collection of information” in 5
CFR 1320.3(c). In general this term includes any requirement or
request for people to obtain, maintain, retain, report, or publicly
disclose information. An information collection may be in any form or
rule. An interim
rule has the force and effect of a final rule and is published without
publication of a proposed rule. The APA allows us to publish interim rules
when “for good cause” we determine that publication of a proposed rule is
unnecessary and contrary to the public interest (5 U.S.C. 553(b)(3)(B)). We solicit
comments on the interim rule and then follow up with publication of a final
rule that may or may not differ from the interim rule. Interim rules
publish in the Rules and Regulations section of the Federal Register.
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nonsignificant rule is a rulemaking action that will cause an impact that
is less than significant because it does not meet any of the four
parameters of significance in E.O. 12866 (see section 1.6S). OMB does
not conduct formal reviews of nonsignificant rules.
Notice. Federal agencies publish notices
in the “Notices” section of the Federal Register to advise the public of
information or an event. We can use notices to publish material that is not
regulatory or procedural and does not set requirements. Typical notices
include those about hearings and meetings, the availability of documents,
receipt or issuance of permit applications, information collections, and
deadlines for grant applications. We may also publish notices to seek
public comment on proposed policy documents (see 011 FW 3). A petition
finding under the Endangered Species Act is the only notice that publishes
in the “Proposed Rules” section of the Federal Register rather than the
Pending_Post. Pending_Post means that
only agency personnel can view the document(s) in the Federal Docket
rule. A proposed
rule is generally the first step in informal rulemaking. In this document,
we establish the rule under consideration, describe the reason for it, and
ask the public to comment. Although a proposed rule is sometimes called a
Notice of Proposed Rulemaking, it is not a notice. Proposed rules publish
in the “Proposed Rules” section of the Federal Register.
or rule. In 1 CFR
1.1, E.O. 12866, and the OFR Document Drafting Handbook,
“regulation” and “rule” have generally the same meaning. We issue a
regulation, as authorized or required by law. A regulation is a requirement
or set of requirements that has general applicability and future effect and
which we intend to have the force and effect of law. A regulation is what
appears in the CFR. A rule or rulemaking is the Federal Register document
that includes both preamble and regulatory text. The rule puts the
regulation into context. The rulemaking also enables the regulatory text to
be incorporated into the CFR. Rules may be final rules, interim rules, or
direct final rules, and they publish in the “Rules and Regulations” section
of the Federal Register.
Action Alert form (FWS Form 3-2188). The Department requires this
form, which describes a rulemaking action, any possible controversy or
sensitivity, and the anticipated publication date. Its purpose is to
provide information to other Departmental bureaus so they can decide if
they want to participate in the development of the rule.
Identifier Number (RIN). A
RIN is a unique number that the Regulatory Information Service Center of
the General Services Administration (GSA) assigns and that we use for all
stages of a rulemaking. PDM gets the RIN from GSA. For a single rulemaking
action, several documents will have the same RIN. For example, a proposed
rule, a notice of the availability of documents pertinent to the proposed
rule, a notice of a public meeting about the proposed rule, and the final
rule will all have the same RIN. See “Proposed Rule” in this
Department publishes the Regulatory Plan annually as part of the fall
Unified Agenda. The Regulatory Plan contains the most important significant
regulatory actions that the Department reasonably expects to issue in the next
12 months. The Plan contains a statement of regulatory priorities and
separate entries for each action planned. The Department generally includes
few if any Service rules in the Regulatory Plan.
Rule Writer, also known as Reg Writer, is a level of access in the Federal
Docket Management System. If you have Rule Writer access, you can make
limited changes to dockets and upload and manage documents in the system.
Rule Writer access does not allow you to create dockets or post documents.
agenda. See Unified Agenda.
(1) E.O. 12866 defines significant rules. A
rule can be significant in two ways:
Significant: A rulemaking action that will have an annual effect on the
economy of $100 million or more or will adversely affect in a material way
the economy; a sector of the economy; productivity; competition; jobs; the
environment; public health or safety; or State, local, or tribal
governments or communities. All economically significant rulemaking actions
should appear in our Regulatory Plan. The Service rarely produces
economically significant rules.
(b) Other than Economically Significant: A rulemaking action
that is not economically significant but that OMB wants to review under
E.O. 12866. We can decide whether or not to include these rules in the
information we send to the Department for the Regulatory Plan.
(2) OMB bases its determination of whether it wants to review a rule
on the following four criteria:
(a) Whether the rule will have an annual effect of $100 million or
more on the economy or adversely affect an economic sector, productivity,
jobs, the environment, or other units of the government.
(b) Whether the rule will create inconsistencies with other Federal
(c) Whether the rule will materially affect entitlements, grants,
user fees, loan programs, or the rights and obligations of their
(d) Whether the rule raises novel legal or policy
Supporting materials are materials specifically referenced in the Federal
Register publication(s) and materials that are the basis for the published
action. Examples of supporting materials are:
documents that support rulemaking, such as a Small Business Regulatory
Enforcement Fairness Act analysis, a Statement of Energy Effects under Executive Order 13211, a Small Government
Agency Plan under the Unfunded Mandates Reform Act, a Takings Implications
Assessment under Executive Order 12630, or a Federalism
Assessment under Executive Order 13132; and
Bibliographies of literature cited in the Federal Register publication.
Unified Agenda. E.O. 12866 requires that all Federal
regulatory agencies publish a list of anticipated rulemaking actions for
the upcoming 12-month period. The activities in the agenda are primarily
those where we plan to publish an advance notice of proposed rulemaking,
proposed rule, or final rule within the next 12 months. GSA publishes the
Unified Agenda twice a year, in spring and fall.
V - W
coding in Microsoft Word documents that provides instructions to the U.S.
Government Printing Office to print the document in the single-spaced,
three-column format of the Federal Register. OFR publishes documents they
receive with XML tagging at a reduced rate.
Y - Z
1.7 Who should I
contact for answers to questions about publishing documents in the Federal
the PDM Web site for
current contact information.
For information on the content of this chapter, contact the
Division of Policy and Directives Management.
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