1. PURPOSE. This directive states the responsibilities and procedures for submitting Department of the Treasury documents to the Office of the Federal Register in accordance with Title 1 of the Code of Federal Regulations (CFR) Chapter 1.

2. SCOPE. This directive applies to all bureaus, the Departmental Offices, the Office of Inspector General, and the Treasury Inspector General for Tax Administration.

3. DEFINITIONS.

a. Document. Any rule, regulation, order, certificate, code of fair competition, license, notice, or similar instrument, proposed, issued, prescribed, or promulgated by the Department of the Treasury.

b. Documents Having General Applicability and Legal Effect. Any document prescribing a penalty or course of conduct; conferring a right, privilege, authority, or immunity; imposing an obligation; prescribing, implementing or interpreting law or policy; and relevant or applicable to the general public, members of a class, or persons in a locality, as distinguished from named individuals or organizations.

c. Filing. "Filing" means making a document available for public inspection at the Office of the Federal Register during official business hours. A document is filed only after it has been received, processed and assigned a publication date according to the schedule in 1 CFR 17.2.

d. Bureau. The term "bureau" includes the Departmental Offices, the Office of Inspector General, and the Treasury Inspector General for Tax Administration. The "head of the bureau" within the meaning of this Directive for Departmental Offices is the Chief Management and Administrative Programs Officer.

4. RESPONSIBILITIES.

a. The Chief Management and Administrative Programs Officer and the Heads of Bureaus are authorized to file documents directly with the Office of the Federal Register after clearance by the appropriate legal counsel and shall:

(1) ensure that any document that is to appear in the "Notice" section of the Federal Register and is not considered a "regulation" (as defined in Treasury Directive (TD) 28-01) shall be approved by the appropriate Assistant General Counsel, Chief Counsel, or Legal Counsel before approval by the bureau head and filing with the Office of the Federal Register;

(2) ensure that any document that is a "regulation" (as defined in TD 28-01) complies with and is reviewed in accordance with TD 28-01 prior to filing;

(3) designate a liaison officer, a certifying officer, and an authorizing officer in accordance with 1 CFR 16.1 to perform the duties described in 1 CFR 16.2, 16.3, and 16.4. The same person may be designated to serve in more than one of these positions;

(4) notify the Director of the Federal Register of the name, title, address, and telephone number of each person designated under 1 CFR 16.1 and promptly notify the Director of any changes; and

(5) file for public inspection with the Office of the Federal Register and publish in the Federal Register all documents or class of documents required to be published by act of Congress or documents having general applicability and legal effect.

b. The Director, Information Services Division, is the designated representative for the Departmental Offices and shall be responsible for liaison, certifying and authorizing duties described in 1 CFR 16.2, 16.3, and 16.4.

c. The Senior Counsel (Regulatory and Legislative Affairs), is designated as the alternate certifying officer and authorized to certify documents subject to TD 28-01 and regulatory agendas for submission to the Office of the Federal Register.

5. PROCEDURES FOR FILING FEDERAL REGISTER MATERIAL.

a. All documents filed with the Office of the Federal Register must be prepared in accordance with 1 CFR Chapter 1, Part 18, "Preparation and Transmittal of Documents Generally."

b. Each document published in the Federal Register shall be placed under one of the following categories.

(1) Rules and Regulations. Each final or temporary (interim) document having general applicability and legal effect. This category includes documents to be codified in the CFR, general policy statements concerning regulations, interpretations of law or agency regulations, statements of organization and function, and final documents that affect other documents previously published in the rules and regulations section.

(2) Proposed Rules. Each notice of proposed rulemaking (NPRM), whether issued pursuant to 5 U.S.C. 553 or otherwise, which if promulgated as a rule, would have general applicability and legal effect. This category includes advance notices of proposed rulemaking (ANPRM), documents that suggest changes to regulations in the CFR, begin a rulemaking proceeding, announce public hearings on a NPRM or ANPRM, or affect or relate to other documents previously published in the proposed rules section.

(3) Notices. Miscellaneous documents applicable to the public and not covered by paragraphs 5.b.(1) or 5.b.(2). This category includes Privacy Act notices, computer matching notices, announcements of meetings and other information of public interest.

c. All Privacy Act notices and all computer matching notices that are to be published in the Federal Register shall be submitted to the Departmental Disclosure Officer for review and concurrence in accordance with TD 25-04.

d. All Freedom of Information Act and Privacy Act regulations that are to be published in the Federal Register shall be submitted to the Departmental Disclosure Officer for review and concurrence in accordance with TD 25-04 and TD 25-05 prior to review and concurrence in accordance with TD 28-01.

e. Each bureau submitting a document to be filed and published in the Federal Register shall send an original and two duplicate originals or certified copies. However, if the document is printed or processed on both sides, one of the copies sent by the bureau must be a collated, singled-sided copy. The two certified copies or two duplicate originals of each document must be submitted with the original.

f. The bureau six-digit billing code as listed below must be typed on all three copies of the document submitted to the Office of the Federal Register. Documents without a billing code will not be published.

6. AUTHORITY. 1 CFR Chapter 1, "Administrative Committee of the Federal Register."

7. REFERENCES.

a. Treasury Directive 25-04, "Implementation of the Privacy Act of 1974, As Amended".

b. Treasury Directive 25-05, "The Freedom of Information Act".

c. Treasury Directive 28-01, "Preparation and Review of Regulations".

8. CANCELLATION. Treasury Directive 25-03, "Filing Documents for Publication with the Office of the Federal Register," dated February 12, 1991, is superseded.