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OSD Federal Register Process

The OSD Federal Register (FR) System is directed by Chapter 15 of title 44, United States Code, “Federal Register Act.”  The FR System requires that notices and rules having a substantial impact on the public be filed with the Office of the Federal Register (OFR).  The Director, DA&M/WHS is assigned responsibility for this program under Directives 5105.53 and 5110.4 as well as Administrative Instruction No. 102.  The WHS/ESD Information Management Division manages the OSD FR System for the Director, DA&M.  Following is a brief outline of the Federal Register process:

RULES

  • The action officer forwards a document for Federal Register publication in DoD issuance format to the Federal Register Liaison Officer (FRLO).
  • The FRLO reformats the document from the DoD issuance format into rule format and returns the formatted rule along with draft paperwork and guidance for processing the rule package to the action officer.
  • Action officer coordinates with component OGC and obtains PSA signature on certification memo.
  • The action officer forwards the signed/coordinated rule package back to the FRLO for further processing.
  • The FRLO obtains the approval of the DoD Regulatory Policy Officer, forwards the Hill Notification to OASD(Legislative Affairs), and forwards the rule to OMB for review and approval to publish.
  • OMB has 10-working-day to inform the Department (the FRLO) of their decision to formally review it before publication in the Federal Register or to not formally review and allow the rule to be published.
  • If OMB determines that they will formally review the rule, the FRLO uploads the rule into OMB’s ROCIS system.  OMB has up to 90 days to conduct a formal review.
  • OMB will conduct interagency coordination once they receive the rule for review.
  • OMB will notify the FRLO of any comments/concerns, which are resolved by the originator.  The originating office must forward their response through the FRLO to OMB.
  • After publication approval, the FRLO signs the rule and forwards it to the Federal Register for publication.
  • The process is repeated at the final rule stage.
  • Additional coordination from OASD(Legislative Affairs) is required during the final rule stage.  The FRLO then completes a Final Rule Form and forwards it, along with the final rule, to Congress and GAO.
  • Public comments on a proposed or interim rule are sent to the originator and addressed in the final rule.

NOTICES

  • The action officer prepares a notice for FR publication.  The FRLO reviews the notice and reformats, when required. 
  • The action officer forwards a Request to Publish memorandum along with General Counsel coordination, if required, to the FRLO.
  • When the notice is an announcement of a closed meeting (public attendance not allowed), a determination statement is also forwarded.
  • When all items have been received, the FRLO signs and forwards the notice to the Federal Register for publication.