202 FW 1
Exhibit 1, 202 FW 1, 4/12/2010
Originating Office
Policy and Regulations Branch

Advance Notice of Proposed Rulemaking (ANPR). An ANPR is a document that describes a possible upcoming 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. 

Code of Federal Regulations (CFR). The CFR is a codification of the regulations that Federal agencies issue in the daily Federal Register. The CFR is revised annually. A daily update of the CFR is available online at 

Cost control structure structure
Something temporarily or permanently constructed, built, or placed; and constructed of natural or manufactured parts including, but not limited to, a building, shed, cabin, porch, bridge, walkway, stair steps, sign, landing, platform, dock, rack, fence, telecommunication device, antennae, fish cleaning table, satellite dish/mount, or well head.

Learn more about structure
This term refers to a string of letters and numbers that appears near the top of the first page of a Federal Register document. The cost control structure occurs within the same brackets as the docket ID number (for documents that will appear on or notice tracking number (for documents that will publish in the Federal Register but will not appear on and immediately follows these numbers. It denotes which program/office will pay for Federal Register publication. Get the proper cost control structure from your administrative staff.  

Digital signature. A digital signature is a native MS Word signing capability, which applies a signer’s Public Key Infrastructure (PKI) certificate to the Federal Register document, guaranteeing the authenticity of the signer and the document. Once the digital signature is applied, the document is protected and cannot be edited without removing the digital signature. After the document is digitally signed, it is electronically uploaded to the secure Office of the Federal Register (OFR)/Government Publishing Office website and is officially submitted for publication in the Federal Register. 

Direct 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 as a proposed rule. 

Docket ID number.A docket ID number is a unique number that the Federal Docket Management System (FDMS) assigns to each docket in the system. Dockets (and, therefore, docket ID numbers) are assigned to all rulemaking documents or notices that appear on 

Emergency rule. Certain 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 species. 

Federal Docket Management System (FDMS). FDMS is a Government-wide electronic rulemaking system and the agency side of the public e-rulemaking website ( FDMS enables Federal agencies to manage their administrative records electronically and to post public comments that the public can view on The Policy and Regulations Branch (PRB) manages FDMS for the Service, including creating dockets, posting Federal Register documents and supplementary materials, and managing public comment submissions. 

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. 

Informal rulemaking. Informal rulemaking, also called “notice-and-comment rulemaking,” is the rulemaking process described in section 553 of the Administrative Procedure Act (APA). The Service issues all our rules using this process. 

(1) The informal rulemaking process is intended to be a legislative-like process in which the rulemaker, 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 rulemaking involves:  

     (a) Publishing a proposed rule in the Federal Register,  

     (b) Inviting public comment,  

     (c) Considering the public comments received, and 

     (d) Publishing a final rule in the Federal Register.  

(2) Formal 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. 

Information collection. The Office of Management and Budget (OMB) defines “collection of information” in 5 CFR 1320.3(c). In general, this term includes a requirement or request that a Federal agency makes on people to obtain, maintain, retain, report, or publicly disclose information. An information collection may be in any form or format. See 281 FW 4 for more information. 

Interim 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. 

Not significant rule. A not significant rule is a rulemaking action that does not meet any of the four parameters of significance in Executive Order (E.O.) 12866. OMB does not review rules that are designated as not significant. See significant rule for information about the four parameters of significance. 

Notice. Federal agencies publish notices in the “Notices” section of the Federal Register to give the public information or advise them about 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 of permit applications or issuance of permits, proposed information collections, and deadlines for grant applications. We may also publish notices to seek public comment on proposed policy documents.  

Notice tracking number. Notice tracking numbers are used to track all notices and policy documents that are not assigned docket ID numbers (meaning they will not appear on The notice tracking number assists with identifying and tracking notices as they go through the agency clearance process and Federal Register publication process. PRB assigns notice tracking numbers when the notices are submitted to PRB for review, or programs may contact PRB to request a notice tracking number while drafting the notice. 

OMB regulatory report. E.O. 12866 requires Federal agencies to report upcoming rulemaking actions to OMB on a quarterly basis. OMB has used these quarterly regulatory reports to determine the designations of significance under the parameters set forth in the E.O. OMB reviews Federal rules that they have designated as significant. See definition of significant rule.  

Proposed rule. A proposed rule is generally the first step in informal rulemaking. In a proposed rule, we establish the rule under consideration, describe the reason for it and the proposed changes to the Code of Federal Regulations, and ask the public to comment. Although a proposed rule is sometimes called a notice of proposed rulemaking (or NPRM), it is not a notice. Proposed rules publish in the “Proposed Rules” section of the Federal Register. 

Public inspection. Also known as filing, public inspection is an official process of the OFR through which Federal Register documents are made available for public review before the documents publish in the Federal Register. Documents on public inspection are available for review at the OFR in Washington, D.C., and on the OFR website. Public inspection generally occurs 1 day before the date of publication. 

Regulation or rule. In 1 CFR 1.1, E.O. 12866, and the OFR Document Drafting Handbook, “regulation” and “rule” have generally the same meaning. Federal regulatory agencies issue regulations as authorized or required by law. Regulations are requirements that have general applicability and future effect and which we intend to have the force and effect of law. A rule or rulemaking is a Federal Register document that includes both regulatory text and a preamble that explains the regulations. The rulemaking also enables the regulatory text to be incorporated into the CFR. Rule documents may be final rules, interim rules, or direct final rules, and they publish in the “Rules and Regulations” section of the Federal Register. 

Regulation 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. All Service RINs begin with 1018– and then two letters and two digits, which are assigned sequentially. PRB gets the RIN from GSA. For a single rulemaking action, several documents will have the same RIN. For example, a proposed rule, a document announcing the availability of documents pertinent to the proposed rule, a document announcing a public meeting about the proposed rule, and the final rule will all have the same RIN. 

Regulatory Plan. The 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. 

Semiannual agenda. See definition of Unified Agenda

Significant rule.  

(1) E.O. 12866 defines significant rules. A rule can be significant in two ways: 

     (a) Economically 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 have discretion about 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 agencies’ actions. 

     (c) Whether the rule will materially affect entitlements, grants, user fees, loan programs, or the rights and obligations of their recipients. 

     (d) Whether the rule raises novel legal or policy issues.          

Supporting materials. 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: 

(1) Environmental assessments;  

(2) Environmental impact statements;  

(3) Economic analyses; 

(4) Other documents that support rulemaking, such as a Small Business Regulatory Enforcement Fairness Act analysis, a statement of energy effects under E.O. 13211, a small government agency plan under the Unfunded Mandates Reform Act, a takings implications assessment under E.O. 12630, or a federalism summary impact statement under E.O. 13132; and 

(5) 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 for which 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.