18 FAM 201.6
PUBLICATION IN THE FEDERAL REGISTER
(CT:PPP-14; 02-22-2019)
(Office of Origin: A/GIS/DIR)
18 FAM 201.6-1 general
18 FAM 201.6-1(A) Authority
(CT:PPP-2; 03-19-2018)
Authorities include:
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
(CT:PPP-14; 02-22-2019)
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
(CT:PPP-2; 03-19-2018)
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
(CT:PPP-14; 02-22-2019)
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
(CT:PPP-2; 03-19-2018)
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
(CT:PPP-2; 03-19-2018)
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
(CT:PPP-2; 03-19-2018)
a. For purposes of the Federal Register System the
terms rule and regulation are used interchangeably. The Department of
States 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 rules 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
(CT:PPP-2; 03-19-2018)
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
(CT:PPP-2; 03-19-2018)
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
(CT:PPP-2; 03-19-2018)
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
(CT:PPP-14; 02-22-2019)
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
(CT:PPP-2; 03-19-2018)
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 bureaus 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?
(CT:PPP-2; 03-19-2018)
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
(CT:PPP-2; 03-19-2018)
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
(CT:PPP-2; 03-19-2018)
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.