18 FAM 201.6
PUBLICATION IN THE FEDERAL REGISTER
(Office of Origin: A/GIS/DIR)
18 FAM 201.6-1 general
18 FAM 201.6-1(A) Authority
· Federal Register Act (44 U.S.C. 1501 et seq.)
· Administrative Procedure Act (5 U.S.C. 551 et seq.)
· Paperwork Reduction Act (44 U.S.C. 3501 et seq.)
· Federal Advisory Committee Act (5 U.S.C. Appendix)
· Congressional Review Act (5 U.S.C. 801 et seq.)
· Federal Register regulations (1 CFR Chapters I & II)
· Executive Orders 12866 and 13563
· Any statutes or rules that may require publication in the Federal Register
18 FAM 201.6-1(B) Liaison Functions
a. The Office of Directives Management (A/GIS/DIR) has liaison responsibility with the Office of the Federal Register (OFR) on all matters concerning Department of State publication in the Federal Register (FR). The designated Federal Register liaison has sole authority for submissions to the OFR on behalf of the Department. Liaison responsibilities include:
· Provide guidance to originating offices
· Certify submissions and signatures on documents submitted for publication
· Review clearances
· Authorize corrections
· Ensure submissions are in proper format
· Upload finalized public notices onto FR web portal
b. The Federal Register Liaison may be contacted at FederalRegister@state.gov or through the A/GIS/DIR website.
18 FAM 201.6-2 The FEDERAL REGISTER SYSTEM
The Federal Register System is the central publication system the U.S. Government uses to inform the public of Presidential documents, regulations, rules, and notices affecting them. General and permanent rules published in the Federal Register are collected into the Code of Federal Regulations (CFR). The OFR website has links to both the daily FR and the annual CFR.
18 FAM 201.6-2(A) Federal Register
a. The FR is a daily publication that provides a uniform system for publishing Presidential and Federal agency documents. It is published on all official U.S. Government workdays. The FR contains certain Presidential documents, documents of general applicability and legal effect, and documents requiring publication by statute or regulation. The FR is the initial means by which rules and regulations are codified into the CFR.
b. The Federal Register System charges a fee for all material published in the Federal Register. The originating program office is responsible for fee payment. For the OFR publishing fees, visit the A/GIS/DIR website or email FederalRegister@state.gov.
c. All material must conform to OFR standards in order to be published. The standards are provided in the Federal Register Document Drafting Handbook.
18 FAM 201.6-2(B) Code of Federal Regulations
a. The CFR is a codification of the rules and regulations of the various Federal agencies. The CFR is divided into 50 titles according to subject matter. The title containing most of the regulations of the Department of State is 22 CFR - Foreign Relations.
b. The OFR and the Government Printing Office (GPO) produce an electronic version of the CFR. The Electronic Code of Federal Regulations (e-CFR) is an editorial compilation of CFR material and Federal Register amendments. The OFR updates the material in the e-CFR on a daily basis. There is a link to the e-CFR on the OFR website.
18 FAM 201.6-3 FEDERAL REGISTER Document Categories
18 FAM 201.6-3(A) Presidential Documents
When directed by the President, the Department of State publishes the following Presidential documents in the FR:
· Presidential Determinations
· Presidential Memoranda
18 FAM 201.6-3(B) Rule Notices
a. For purposes of the Federal Register System the terms “rule” and “regulation” are used interchangeably. The Department of State’s rulemaking program is covered in 18 FAM 201.4.
b. Agency rules are published in the FR. They propose or finalize additions, subtractions and changes to agency regulations. Some request public comment within a specified time period, typically for 60 days. (See 18 FAM 201.4.)
c. The Department publishes the following types of rule notices:
(1) Advance Notice of Proposed Rulemaking (ANPRM): sometimes used when the Department desires public comment prior to proposing a rule;
(2) Proposed Rule: contains a proposed rule and an explanation for the proposed changes. It solicits public comment for a specified period of time. Proposed rules are published in a Notice of Proposed Rulemaking (NPRM);
(3) Interim Final Rule: a rule that is exempt from notice and comment; it contains an interim rule and effective date for implementing the rule’s provisions. Such rules must be finalized in a subsequent final rule notice;
(4) Final Rule: contains the final version of a rule and an effective date for implementing its provisions; and
(5) Direct Final Rule: contains a final rule that was not first proposed in a NPRM or in an interim rule.
d. On an informal basis, OMB reviews each proposed or final rule to determine whether it is a significant rule within the meaning of Executive Order 12866. In addition, a number of requirements apply to Final Rule notices, including notification to Congress and the Government Accountability Office under the Congressional Review Act.
e. The PO is required to consult with the Office of Management Legal Counsel (L/M) to request a review and a Regulatory Identification Number (RIN) to be included in the "heading" section of the rule.
· For legal advice on the rulemaking process, consult the Office of Management (L/M) within the Office of the Legal Adviser.
18 FAM 201.6-3(C) Other Notices
The Department publishes other types of notices, which include:
· Information Collections (see 18 FAM 201.5); these also have different types of notices
· Delegations of Authority-18 FAM 201.3.
· Notices of Findings
· Notice of Meetings, including meetings held by Federal advisory committees
· And perhaps others, including those required by specific statutes please consult with:
· The Federal Register Liaison
· The L lawyer that advises your bureau
· Or L/M
18 FAM 201.6-3(D) Notice Templates
To assist program offices with drafting notices, A/GIS/DIR provides templates for all types of notices on the A/GIS/DIR webpage.
18 FAM 201.6-4 obtaining CLEARANCEs
a. Before submitting a notice for publication, the originating program office must obtain clearances from the following:
· The Office of Legal Adviser, either L/M or the L lawyer that advises your bureau
· All Department (or interagency) offices affected by the publication of the notice
· Any other clearances, as appropriate
b. Submit proof of clearance with the notice itself to A/GIS/DIR. A/GIS/DIR may request additional clearances as needed.
c. The Federal Register liaison in A/GIS/DIR reviews and clears all notices before submission to the OFR.
18 FAM 201.6-5 FEDERAL REGISTER DOCUMENT REQUIREMENTS
a. A/GIS/DIR has pre-approved OFR formats for publishing notices in the FR. If you have any questions about formatting, contact the Federal Register liaison at FederalRegister@state.gov or through the A/GIS/DIR website.
b. OFR requirements for FR documents are available in the Federal Register Document Drafting Handbook on the OFR website.
18 FAM 201.6-6 DOCUMENTS TO SUBMIT
a. Submit the following documents to the Federal Register liaison:
(1) Public notice document in final draft MS Word format;
(2) Clearance sheet in PDF or MS Word format;
(3) A completed Form DS-5, Requisition for Publishing, Reproduction, and Distribution Services:
NOTE: Provide appropriate fiscal information and the signature of the bureau’s budget officer on the Form DS-5.
b. Submit all documents as a package to A/GIS/DIR for review and processing. A/GIS/DIR does not assign a public notice number until it has the complete package. If questions or problems arise, A/GIS/DIR will contact the originating program office directly.
c. A/GIS/DIR completes a review, assigns a number, and returns the documents for the principal's e-signature.
d. When the locked e-signed file is returned, the FR liaison validates that the e-signature matches the documents text and electronically submits it to Office of the Federal Register.
18 FAM 201.6-7 how long does it take to publish?
The OFR normally publishes documents within 4 days of receiving them from A/GIS/DIR. This provides sufficient time for the OFR to perform its review and for the Government Printing Office to prepare the document for public inspection and publication. The four day publication cycle may be extended when the OFR receives a larger than usual volume of documents from Federal agencies.
18 FAM 201.6-7(A) Emergency Publication
If a notice requires publishing in less than 4 days, the originating program office must submit an emergency request memorandum stating the reason for the accelerated scheduling. This emergency request may make a 1-day difference— publishing could occur in 3 days instead of 4 days. Contact the Federal Register Liaison for specifics.
18 FAM 201.6-7(B) Special Handling Publication
In certain circumstances the originating program office may require special handling. Bring these special requests to the attention of the Federal Register liaison as soon as possible, so that the liaison can make arrangements for special handling and/or limited release.