Federal Register services Structure. Each issue of the Federal Register contains certain elements: Relationship to CFR. Documents published in the Federal Register as codified regulations keep the CFR current. These documents make changes to the appropriate CFR volume. The OFR can assist drafters in preparing a document for publication in the Federal Register. The agency should consult with the OFR before submitting a document that is unusually large or has potential publication problems. The Federal Register staff frequently provides information and assistance concerning Consulting with the OFR during the early stages of drafting the document may help avoid problems when the document is submitted for publication. Federal Register staff can also provide information concerning any OFR publication and any document filed for publication in the Federal Register. In addition, the OFR maintains a complete historical set of the Federal Register and the CFR. This material is available to the public for research and copying. The Federal Register: What It Is And How To Use It. This is a workshop on the publications produced by the Office of the Federal Register. The workshop covers • The regulatory process; • The relationship between the Federal Register and the Code of Federal Regulations; • The important elements of typical Federal Register documents; and • An introduction to the finding aids of the Federal Register publication system. For information on the Federal Register workshops, write to: Public workshops; The Federal Register: What It Is And How To Use It. National Archives and Records Administration Washington, DC 20408 Chapter II-Documents Publication in the Document categories The President Documents published in the Federal Register must be official agency actions as specified in the Federal Register Act and the Freedom of Information Act. The Federal Register Act (44 U.S.C. Chapter 15) requires that the following documents be published in the Federal Register. • Presidential proclamations and Executive orders, except those not having general applicability and legal effect or effective only against Federal agencies or persons in their capacity as officers, agents, or employees of a Federal agency. For purposes of the act every document or order which prescribes a penalty has general applicability and legal effect. • Documents or classes of documents that the President may determine from time to time have general applicability and legal effect. • Documents or classes of documents that may be required to be published by Act of Congress. • Documents authorized to be published by regulations except for comments and news items. The Freedom of Information Act (5 U.S.C. 552) became law on September 6, 1966. It requires each agency to publish in the Federal Register material such as • Descriptions of central and field organizations; Descriptions of the course and method by which its functions are channeled and determined; • Rules of procedure and a description of forms available; • Substantive rules of general applicability; • Statements of general policy or interpretations of general applicability; and • Each amendment, revision or repeal of the above materials. The act also authorizes the Director of the Federal Register to approve the incorporation by reference of eligible material in the Federal Register. The regulations of the Administrative Committee of the Federal Register provide that whenever the Director of the Federal Register finds that publication of a document would be in the public interest, the document may be published in the Federal Register. Each document that is published in the Federal Register is assigned to a specific category for publication. Format and content requirements differ for documents in each category. (See Chapter III for Rule and Proposed Rule formats and Chapter IV for Notice formats.) The Office of the Federal Register (OFR) classifies documents for publication as follows: This category contains documents the President submits for publication or orders to be published. Documents in this category include • Proclamations; • Executive orders; • Memorandums; • Orders; Rules and regulations This category contains documents having general applicability and legal effect. The terms "rules" and "regulations" have the same meaning within the Federal Register publication system. The OFR classifies the following types of documents for publication in this category: • Documents that amend the CFR by adding new text or by revising or removing existing text. A document that amends CFR text must publish each change to the CFR in full and state the effective date for any change. • Interim or temporary rule documents that are effective immediately for a short or definable period of time. They have the same effect as a final rule in that they amend the CFR and give an effective date. However, in issuing an interim or temporary rule, the agency often asks for public comment. After the comment period expires, the agency may consider adjustments to the interim or temporary rule before issuing the final rule. • Documents that affect other documents previously published in the rules and regulations section. These documents include -Corrections to previously published rules; -Any change to the effective date of a previously published rule; -Any document changing the comment period of an interim or temporary rule; -Suspension of a previously published rule; -Withdrawal of a previously published rule not yet in effect; and • Documents that have no regulatory text and do not amend the CFR -General policy statements; -Interpretations of agency regulations; and -Statements of organization and function. The Administrative Conference of the United States, in Recommendation No. 76-2, recommends that these documents be preserved in the CFR. Proposed rules The first proposed rule section appeared in the Federal Register of January 1, 1947, as a result of the notice and comment provisions of the then recently enacted Administrative Procedure Act (APA). The OFR classifies the following types of documents for publication in this category. Documents that suggest changes to agency regulations in the CFR and request public comments on those suggested changes. Most of the documents in this section are required to be published as proposals by section 553 of the APA or other statutory authority. Some regulations are exempted from notice and comment requirements. Many agencies voluntarily publish these regulations in proposed form to allow public comment. • Documents that affect other documents previously published in the proposed rule section. These documents may -Extend the comment period; -Announce a public hearing; -Publish or announce the availability of supplemental information; Notices Sunshine Act meetings Can a rule, proposed rule or notice be combined in the same document? -Withdraw a proposed rule or terminate a proposed rule proceeding; or -Correct a previously published proposed rule document. • Documents beginning a rulemaking proceeding. Any document that serves as the first public notice that a rulemaking proceeding is anticipated is classified as a proposed rule for publication. These documents include -Advance Notices of Proposed Rulemaking, Notices of Inquiry, Notices of Intent. Agencies issue these documents at an early stage in the rulemaking process to receive public reaction as early as possible. These documents describe a problem or situation which implies the possibility of regulatory action by the agency. They seek public response concerning the necessity for regulating in the area and the adequacy of the agency's potential regulatory response. -Petitions for rulemaking. Certain petitions are placed in the proposed rule section because the petition proposes to amend, revise, add to, or remove existing regulations in the CFR, and the agency requests public comment. -Meetings or hearings. A document that announces a meeting or hearing that may be the first step in a rulemaking proceeding is placed in the proposed rule section. Regulatory agendas. These documents provide the public with advance notice of anticipated agency rulemaking. This category includes any document published in the Federal Register that • Issuance or revocation of licenses; • Grant application deadlines; • Availability of environmental impact statements; Certain petitions; and • Orders or decisions affecting named parties. This category contains notices of meetings required to be published under the Government in the Sunshine Act (5 U.S.C. 552b(e)(3)). No. The OFR will not accept any document for publication that combines material that would appear in different categories of publication in the Federal Register. Any agency may reference in a document a related document that is published in the same Federal Register issue by using language shown in example 2. EXAMPLE 2. For a document relating to (subject matter) see a proposed rule published elsewhere in this issue. |