The Fish and Wildlife Service usually
publishes more than 500 Federal
Register documents annually.
The Division of Policy and Directives
Management (PDM):
·
Serves as liaison with
the Interior Department's Office of Regulatory Affairs, the Office of the
Federal Register, and the Office of Management and Budget.
·
Oversees the Service's
regulatory program to ensure compliance with Title
1 of the Code of Federal Regulations and Part
318 of the Departmental Manual.
·
Coordinates and
reviews rulemaking documents (such as proposed and final rules published in the
Federal Register) for adherence to the Administrative Procedure Act, Regulatory
Flexibility Act, Small Business Regulatory Enforcement Fairness Act, Unfunded
Mandates Reform Act, and several Executive Orders governing the issuance of
regulations.
·
Provides training and
assists program offices with the preparation of Federal Register documents.
Your PDM Regulatory Contacts are:
Susan
Wilkinson, Susan_Wilkinson@fws.gov
Anissa Craghead, Anissa_Craghead@fws.gov
Sara Prigan, Sara_Prigan@fws.gov
Your PDM Regulations.gov / Federal Docket Management System (FDMS) Administrator is:
Marcia Cash, Marcia_Cash@fws.gov
Getting Started: What Do I Do Before I Begin Drafting a Proposed or Final Rule?
Next Steps 1: Information for Drafting Proposed Rules
Next Steps 2: Information for Drafting Final Rules
Clearance: Procedures for Proposed and Final Rules
Other Documents 1: Information for Making Available Policy
Documents
Other Documents 2: Information for Notices
Getting Started: What Do I Do Before I Begin Drafting a Proposed or Final Rule?
Before you
begin drafting a PROPOSED RULE, you
need to:
1.
Complete a Regulatory Information Data
(RID) Form (Form 3-2394 & Instructions) so that
PDM can assign you a Regulation Identifier Number (RIN). The RIN is the number that the Office of
Management and Budget uses to track regulations.
2.
Complete FWS Form 3-2188, " Regulatory Action Alert
Form" (RAAF), so that PDM can notify DOI’s Office of the Executive Secretariat
that you are planning a rulemaking action. Your completed RAAF will be distributed to other DOI bureaus so that
they can identify any issues with your proposed rule before it publishes in the Federal Register.
3.
Complete FWS Form 3-2198 "Federal Register Document Review Request", This Cover Sheet should be include with the package you drop off in PDMS's office, or attached to the email if you send the document to PDM electronically. The completed Cover Sheet will give the reviewers in PDM contact information for the document, and the FDMS Administrator will use it to determine whether a new Docket ID should be created, or a new Phase entered into an existing Docket.
Before you
begin drafting a FINAL RULE, you
need to:
1.
Ensure that the RIN that appeared on
the proposed rule is still active. Contact
PDM for help. An active RIN will appear
in the headings of your final rule.
2.
If your final rule is substantively
different from your proposed rule, complete a Regulatory Action Alert Form (RAAF)
so that PDM can notify DOI’s Office of the Executive Secretariat that you are planning
to publish a final rule containing substantive changes from what you proposed. Your completed RAAF will be distributed to
other DOI bureaus so that they can identify any issues with your final rule
before it publishes in the Federal
Register.
3.
Complete FWS Form 3-2198 "Federal Register Document Review Request", This Cover Sheet should be include with the package you drop off in PDMS's office, or attached to the email if you send the document to PDM electronically. The completed Cover Sheet will give the reviewers in PDM contact information for the document, and the FDMS Administrator will use it to determine whether a new Docket ID should be created, or a new Phase entered into an existing Docket.
Next Steps 1: Information for Drafting Proposed Rules
A proposed rule is a document that proposes changes to the Service's regulations in the Code of Federal Regulations (CFR) and requests public comments on those proposed changes. |
---|
Reference
material
● Chapter one of the Office of the Federal Register’s (OFR) Document
Drafting Handbook offers instructions for what to include in, and how to
format, your proposed rule to meet OFR's publication requirements. It also explains how to submit a document to OFR.
● Drafting and clearance information specific to the Service is
available through the FWS Manual at 202 FW 1 through 7.
·
To
help you determine how to construct, and where to fit in, your proposed CFR
text, refer to the electronic CFR. Service regulations are in title 50 of the CFR.
● PDM keeps an electronic library of the Service’s Federal
Register publications dating back several years. This library can help you research past
regulatory actions that relate to the action you are proposing. You should include this information in the SUPPLEMENTARY
INFORMATION section of your proposed rule.
● For older Federal Register
publications, check HeinOnline. This service allows you to research Federal
Register documents from OFR’s first publication in 1936 to the current year. Please be aware that the Service pays for HeinOnline access, and access is restricted to FWS
workstations and VPN users.
Drafting help
● To assist with your Required Determinations section, as well
as other aspects of your proposed rule, refer to PDM’s Rulemaking Reference
Guide.
● For information on how to comply with
requirements under the National Environmental Policy Act (NEPA), visit the
Service’s NEPA website.
● For information on how to comply with
requirements for economic analyses, visit the Service’s Division of Economics
website.
● For information on writing Federal
Register documents in plain language, review Part
318 of the Departmental Manual and visit the National Partnership for
Reinventing Government's plain language
website.
Submission to PDM
●When you bring your rule to PDM for review, please use a coversheet
(FWS Form 3-2198) to provide us your contact information and your requested review timeframe.
Next Steps 2: Information for Drafting Final Rules
A final rule is a document that changes the Service's regulations in the Code of Federal Regulations (CFR) |
---|
Your proposed rule is an excellent resource to work from when drafting your final rule. Please be aware, however, that final rules have certain unique components that your proposed rule does not have, such as an effective date and a section responding to public comments received on the proposed rule.
Reference material
● Chapter two
of the Office of the Federal
Register’s (OFR) Document Drafting Handbook
offers
instructions for what to include in, and how to format, your final rule to meet
OFR's publication requirements. It also
explains how to submit a document to OFR.
● Drafting and clearance information specific to the Service is
available through the FWS Manual at 202 FW 1 through 7
.
·
To
help you determine whether the amendatory instructions (to change the CFR text)
in your proposed rule are still accurate for use in the final rule, refer to
the electronic
CFR. Service regulations are in title 50 of the
CFR.
● PDM keeps an electronic library of
the Service’s Federal Register publications dating back several years. This library can help you find a copy of your
proposed rule or research other past regulatory actions that relate to your
final rule. You should refer to these
documents in the SUPPLEMENTARY INFORMATION section of your final rule.
● For older Federal Register
publications, check HeinOnline
. This service allows you to research Federal
Register documents from the Register’s first publication in 1936 to the current
year. Please be aware that the Service
pays for HeinOnline access, and access is restricted
to FWS workstations and VPN users.
Drafting help
● To assist with your Required Determinations section, as well
as other aspects of your final rule, refer to PDM’s Rulemaking Reference Guide
.
● For information on how to comply with
requirements under the National Environmental Policy Act (NEPA), visit the
Service’s NEPA
website
.
● For information on how to comply with
requirements for economic analyses, visit the Service’s Division of Economics website
.
● For information on writing Federal
Register documents in plain language, review Part
318 of the Departmental Manual and visit the National Partnership for
Reinventing Government's plain language
website.
Submission to PDM
● When you bring
your rule to PDM for review, please use a coversheet
(FWS Form 3-2198) to provide us your contact information and your requested review timeframe.
Clearance: Procedures for Proposed and Final Rules
Each program has its own process for the clearance of documents. |
---|
PDM reviews your draft proposed
or final rule for:
¨
Compliance with Office of the Federal Register formatting requirements,
¨
Conformance with Government Printing Office Style Manual guidance,
¨
Adherence to the Acts and Executive Orders that govern rulemaking, and
¨
Clear, easy-to-understand writing.
Later stops on the surname route
include the Director’s Office, Office of the Assistant Secretary for Fish and
Wildlife and Parks, and the Secretary’s Office. PDM will contact you when the Secretary’s Office clears your proposed or
final rule. The Secretary’s Office will
clear your proposed or final rule to go either:
¨
The Office of Management and Budget (OMB) for review, or
¨
The Office of the Federal Register for publication.
OMB
Information
Does
your document need review by the Office of Management and Budget (OMB)?
OMB determines, based on
information the Service provides quarterly and at OMB’s special request,
whether a rule or notice is:
¨
“Significant,” and OMB therefore will formally review it,
¨
“Not significant,” and OMB either will not
review it or, in some cases, will informally review it.
OMB bases its
determination on factors laid out in Executive Order 12866. When OMB decides that it wants to review a
rule or notice either formally or informally, OMB review of that document must
happen prior to the document’s publication in the Federal Register. Refer to 202 FW 4.3C
for more information. In addition, all information collections (under the
Paperwork Reduction Act of 1995) need OMB review and approval.
Significant rules: Email an electronic version of the
rule and, if applicable, the economic analysis to Sara Prigan, Susan Wilkinson, and Anissa Craghead
at:
Sara_Prigan@fws.gov Susan_Wilkinson@fws.gov Anissa_Craghead@fws.gov
Informal Review: Email
your rule directly to the OMB Desk Officer for the Department of the
Interior at Nathan_Frey@omb.eop.gov and copy Sara Prigan, Susan
Wilkinson, and Anissa Craghead.
Federal Register Submission Information
For questions about submitting documents to the Federal Register for
publication, contact PDM's Federal Register Liaison:
Phone: 703-358-2508
Fax: 703-358-2269
Email: Sara_Prigan@fws.gov
After your document has been approved for publication by the Department,
send it by FedEx (or hand-deliver it) to:
The
Office of the Federal Register
(Destination
phone number, for the FedEx airbill: 202-741-6000)
For detailed information on what to include in your submission to the Federal Register, refer to 202 FW 4.2.
Congressional Review Act Information
Is
your document a final rule, direct final rule, interim rule, or emergency rule?
If your rule
is a final rule, direct final rule, interim rule, or emergency rule, you need
to provide copies to the U.S. Government Accountability Office (GAO), U.S.
House of Representatives, and U.S. Senate on the day of publication in the Federal
Register.
The copies you provide to GAO, House,
and Senate need to be accompanied by the following form: Submission of Federal Rules under the
Congressional Review Act
(Form 3-2393). See 202
FW 4.3D and 202 FW 4.4 for more information.
Delivery
Instructions for GAO
General Counsel's Office
Email address for the rule and Congressional
Review Act
(CRA)
form* : rulesC@gao.gov
( * When you email the CRA form to GAO,
you should type in the signing official's name and then type "signed"
next to the signing official's name. Copy Susan Wilkinson, Anissa Craghead, and Sara Prigan on the email you send to GAO. Save the
return email you receive as your receipt.)
Delivery Instructions for House and
Senate
PDM delivers
final rules to the House and Senate as needed. Bring all of the following documents to PDM if you need a rule delivered
to the House and Senate:
¨
For
the House: One (1) complete copy of your signed rule, with two (2) copies of a
signed CRA form marked to go to the House attached to the front.
¨
For
the Senate: One (1) complete copy of your signed rule, with two (2) copies of a
signed CRA form marked to go to the Senate attached to the front.
After delivery, PDM will return one “receipt”
copy of the CRA form from the House and one from the Senate to you to put in
your administrative record.
Other Documents 1: Information for Making Available Policy
Documents
A policy document is guidance to help the public understand and comply with the Service's regulations. It does not, however, amend the Service's regulations in the Code of Federal Regulation. |
---|
If you are
writing a policy document, you should contact the Solicitor’s Office (SOL) early
in the process to ensure that SOL does not consider your document in fact to be
rulemaking and, therefore, subject to the regulatory requirements for proposed
and final rules.
Requirements
for policy documents change if your policy document is considered a
“significant guidance document.” For information on significant guidance documents, see: http://www.fws.gov/pdm/significantguidancedocuments.pdf
Other Documents 2: Information for Notices
A notice advises the public of information or an event. It does not amend the Service's regulations in the Code of Federal Regulations. |
---|
● Chapter three
of the Office of the Federal
Register’s (OFR) Document Drafting Handbook
offers
instructions for what to include in, and how to format, your notice to meet the
OFR's publication requirements. It also
explains how to submit a document to OFR.
● Drafting and clearance information specific to the Service is
available through the FWS Manual at 202 FW 1 through 7
.
·
For
information on writing Federal Register documents in plain language, review Part 318 of the Departmental Manual and visit
the National Partnership for Reinventing Government's plain language website.
Reference material
● PDM keeps an electronic library
of
the Service’s Federal Register publications dating back several years. This library can help you research past
actions that relate to your notice.
● For older Federal Register publications, check HeinOnline . This service allows you to research Federal Register documents from the Register’s first publication in 1936 to the current year. Please be aware that the Service pays for HeinOnline access, and access is restricted to FWS workstations and VPN users.
Submission for clearance
● You will use the Service’s Document
Tracking System (DTS) to move your notice through the surname route. For information on using DTS for the Federal
Register notice clearance process, click here.