Regulations Process Flowchart

Preparation of Record of Compliance Timeframes : Start to finish for proposed rule 1 to 2 months + 60 day comment period. For final rule 1 to 2 months + 30 day effective date. 1. Paperwork Reduction 2. Determine significance a. 12866 b. SBREFA c. Reg Flex d. Federalism e. Unfunded Mandates 3. Takings 4. Civil Justice Reform 5. NEPA 6. Section 7 1 7. Govt. to Govt

Surnames and Signature 1. 2. 3. 4. 5. 6. 7. 8. 9. Originating office Affected offices PDM 3 ORA initial review A/D track SOL A/D s/n Director s/n 4 A/S for signature

Preparation of Proposed Rule Coordination with PDM 1. Reg Alert 2. Semi-annual agenda 3. Forecast to OMB 1. 2. 3. 4. 5. 60-day comment period Plain English Admin. Procedure Act 2 Administrative record Paperwork Reduction Act solicitation, if needed

Comment period & Preparation of Final Rule Disposition of Proposed Rule After Signature 1. Program office holds 3 original signed copies. 2. Originating office forwards copy to ORA 1. Orig. Ofc Analyze comments/ incorporate into final rule 2. Effective date for final rule: 30 days for non-major 6 60 days for major 3. Exceptions to 60-day effective date 7

Executive Secretariat functions 1. Reviews rule in 15 days 2. Consults w/OMB on significance 5 3. Contacts PDM when DOI/OMB cleared.

Publication of Proposed Rule 1. 3 Original signature copies to OFR 2. Rule published 3 working days later

Surnames (same as proposed) 1. PDM/ORA role same

Disposition of final rule after signature and Executive Secretariat functions (Same as proposed)

Review of final rules by Congress/GAO 1. Copy handcarried to both Houses & GAO 2. Simultaneous with handcarry to OFR 3. Joint resolution may be passed by Congress

Publication of Final Rule 1. 3 original signature copies to OFR 2. Published 3 working days later 3. 30 day effective date

1 2

Necessary for any regs that may have an effect on listed species. Entails a determination of what impact the regulations will have on the continued existence of the species. Encompasses public comment, need for public meetings, hearings, any documentation requirements for ex parte communications. 3 PDM reviews for procedure, administrative compliance, plain English, and tracking 4 The Director may sign only Endangered Species listings, delistings, reclassifications or minor notices. 5 If rule is significant under E.O. 12866, program office completes submission form, signed by originating office, PDM, and ES. copy of rule and signed form forwarded to OMB who may take up to 90 days to review. 6 Definition of major is similar but not identical to the definition of economically significant under E.O. 12866. 7 Where the agency promulgated the rule determines the effective date.