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Stage/Timeline Matrix For Federal Register Issuances

 

Precoordination Edit

During this phase, AO will:

  1. Obtain precoordination edit from the Directives Division (DD) at DoDDirectives@whs.mil or DoDDirectives@whs.smil.mil)
  2. Obtain legally objectionable review (LOR) from Office of the GC (OGC)
  3. Obtain authorizing official signature on SD Form 106
Action
Timeframe
AO/DD/OGC

DD provides precoordination edit.

5 workdays.  For every FR issuance over 25 pages long, add 2 workdays for each additional 25 pages.

AO incorporates precoordination edits into FR issuance; sends FR issuance and SD Form 106 to the OSD Component focal point for posting to the Directives Program portal for LOR.

5 workdays

DD reviews and releases FR issuance and SD Form 106 on the Directives Program portal for LOR.  LOR request should identify the issuance as FR.

3 workdays

OGC provides LOR on FR issuance package.   

10 workdays

AO obtains authorizing official signature on SD Form 106.

10 workdays

AO sends FR issuance and SD Form 106 to the OSD Component focal point, who posts to the Directives Program portal for formal coordination.

10 workdays

 

TOTAL WORKDAYS:  43

Formal Coordination

During this phase, AO will:

  1. Begin work with the OSD Federal Register Liaison Officer (FRLO) to prepare the proposed rule or
    interim final rule (IFR) package
  2. Obtain DoD Component comments on the FR issuance
  3. Adjudicate comments with legal advice from OGC
  4. Obtain final adjudication review from OGC
Action
Timeframe
AO/DD/OGC/FRLO

AO forwards a copy of the FR issuance to the OSD FRLO at osd.federal.register@whs.mil.1 

2 workdays

OSD FRLO drafts proposed rule (or IFR)2 and paperwork for processing rule and e-mails documents along with guidance to AO.3 

10 workdays.  For documents over 25 pages long, add 2 workdays for each additional 25 pages.

DD reviews and releases FR issuance and SD Form 106 on the Directives Program portal for formal coordination.

3 workdays

FR issuance is coordinated with DoD Components.

20/30/45 workdays (See Table 1 in DoDI 5025.01)

AO adjudicates comments and requests final adjudication review from OGC.

15 workdays

OGC provides final adjudication review.

10 workdays

AO prepares issuance package and submits to DD for presignature review.

5 workdays

 

TOTAL WORKDAYS:  65/75/90

Presignature, Legal Sufficiency Review, FR Rule Prep & Approval, and Issuance Signature

During this phase, the AO will:

  1. Obtain presignature edit of FR issuance from DD
  2. Obtain legal sufficiency review (LSR) from OGC
  3. Work with the OSD FRLO to process proposed rule or IFR for interagency review and public comment, and a final rule for interagency review
  4. Obtain clearance to release unclassified FR issuances to the public from Office of Security Review
  5. Obtain signature on FR issuance
  6. Release final rule to the FR.
Action
Timeframe
AO/DD/OGC

DD provides presignature review.

5 workdays.  For every presignature package over 25 pages long, add 2 workdays for each
additional 25 pages.

AO incorporates presignature edits into issuance; sends presignature package to the OSD Component focal point, who posts to the Directives Program portal for LSR.

5 workdays

DD reviews and releases presignature package on the Directives Program portal for LSR.

3 workdays

OGC provides LSR on FR issuance.

10 workdays

AO/FRLO

AO works with OSD FRLO to complete proposed rule or IFR and paperwork.4

10 workdays

AO obtains Component GC review and authorizing official signature on the proposed rule or IFR package and forwards via e-mail to OSD FRLO.

10 workdays

OSD FRLO reviews proposed rule or IFR package, coordinates changes to package with AO, prepares action memo to obtain RPO approval, and forwards package to RPO.

5 workdays

RPO approves proposed rule or IFR package and forwards it via e-mail to the OSD FRLO for forwarding to OMB.

10 workdays

OMB reviews and coordinates proposed rule or IFR with other Federal agencies and provides comments via e-mail to OSD FRLO for forwarding to AO for adjudication.

Up to 60 workdays

AO adjudicates interagency comments and provides comment matrix and updated proposed rule or IFR via e-mail to OSD FRLO.

8 workdays

OSD FRLO reviews updated proposed rule or IFR and submits to OMB.

2 workdays

OMB completes proposed rule or IFR review and notifies OSD FRLO of their decision for approval/disapproval.5 

15 workdays

OSD FRLO provides proposed rule or IFR to Office of the Federal Register for publication and public comment.

5 workdays

During the public comment period, AO retrieves public comments by accessing the electronic docket using regulations.gov.

40 workdays

AO/DD/OGC

AO updates FR issuance with interagency and public comments and consults with DD and OGC for the way ahead.  Possibilities may include a second presignature review and LSR.

5 workdays (may be 25 workdays total if second presig/LSR is required)

AO/FRLO

If necessary, AO incorporates presignature review and OGC edits into FR issuance and the final rule.  Additionally, AO addresses public comments in preamble of the final rule and revises rule text accordingly.  Final rule is forwarded via e-mail to OSD FRLO.

10 workdays

OSD FRLO reviews final rule and drafts paperwork for processing rule and e-mails documents along with guidance to AO.

5 workdays

AO works with OSD FRLO to complete final rule and paperwork.

10 workdays

AO obtains Component GC and OASD(LA) review and authorizing official signature on final rule package and provides final rule package via e-mail to OSD FRLO.

15 workdays

OSD FRLO reviews final rule package, coordinates changes to package with AO, prepares action memo to obtain RPO approval, and forwards package to RPO.

5 workdays

RPO approves final rule package and forwards it via e-mail to the OSD FRLO for forwarding to OMB.

10 workdays

OMB reviews and coordinates final rule with other Federal agencies and provides comments via e-mail to OSD FRLO for forwarding to AO for adjudication.

Up to 60 workdays

AO adjudicates interagency comments and provides comment matrix and updated rule via e-mail to OSD FRLO, who submits to OMB.

8 workdays

OSD FRLO reviews updated final rule and submits to OMB.

2 workdays

OMB completes final rule review and notifies OSD FRLO of their decision for approval/disapproval.

15 workdays

AO/DD/OGC

AO updates FR issuance with interagency comments and consults with DD and OGC for the way ahead.  Possibilities may include another presignature review and LSR or, if either DD or OGC determines that policy and/or responsibilities have been substantially changed, recoordination with affected DoD Components.   

5 workdays (25 days if presig review/LSR is required; 70 workdays at the most if recoordination is required)

AO incorporates any changes required by DD and/or OGC; requests public clearance review for unclassified issuances from Office of Security Review at secrev1@osd.mil.

5 workdays

Office Security Review provides public clearance review.

5 workdays

AO/DD/FRLO

AO obtains authorizing official signature on FR issuance and forwards to DD.

10 workdays

DD publishes FR issuance to DoD Issuances Website.

5 workdays

OSD FRLO provides final rule to Office of the Federal Register for publication and effective date.**

5 workdays

** The final rule will not become effective for 30 to 60 days from date of publication in the Federal Register. 
The rule will then be codified in the CFR.

 

TOTAL WORKDAYS:  368

 

TOTAL WORKDAYS FOR PROCESS:  476/486/501


    1. DD precoordination edits and OGC LOR comments have been incorporated into the issuance.
    2. OMB must approve development of an IFR, to accelerate the process and allow earlier publication of the DoD issuance.
    3. The AO will complete documents with additional information and update the text of rule with any changes made to the issuance during formal coordination, DD presignature review, and OGC legal sufficiency review.
    4. Changes made to the issuance during formal coordination, DD presignature review, and OGC legal sufficiency review have been incorporated into the text of the proposed rule or IFR.
    5. If OMB approves the IFR at this point, the DoD issuance may be signed and posted to the DoD Issuances Portal once requested changes have been made.  The AO MUST still work with the FRLO to have a final rule approved, and the DoD issuance will have to be updated, following the procedures for a changed issuance in DoDI 5025.01, with any changes made as a result of the public comment and final rule interagency review.